TITLE 15. Crime Prevention And Corrections
Division 1. Corrections Standards Authority
Chapter 1. Corrections Standards Authority
§1. Conflict of Interest Code. [Repealed]
History
HISTORY
1. New section and Appendix filed 1-4-2001; operative 2-3-2001. Approved by Fair Political Practices Commission 11-2-2000 (Register 2001, No. 1).
2. Amendment of Appendix filed 6-19-2003; operative 7-19-2003. Approved by Fair Political Practices Commission 5-6-2003 (Register 2003, No. 25).
3. Change without regulatory effect amending division heading, chapter heading, section and appendix filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
4. Repealer of section and Appendix filed 5-13-2011; operative 6-12-2011. Approved by Fair Political Practices Commission 1-6-2011 (Register 2011, No. 19).
Appendix
Designated Positions
Board Member(s)
Executive Director
Deputy Director
Field Representatives
Consultant(s)*
______
*Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Executive Director may determine in writing that a particular consultant, although in a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Executive Director's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Disclosure Category
Investments in business entities, business positions in business entities and sources of income, including gifts, loans and travel payments, if the business entity or source of income is a firm offering architectural services, or a firm offering consulting services in the field of criminal justice, and is doing, is planning to do, or has within the preceding two years done business within the State of California.
HISTORY
1. New section and Appendix filed 1-4-2001; operative 2-3-2001. Approved by Fair Political Practices Commission 11-2-2000 (Register 2001, No. 1).
2. Amendment of Appendix filed 6-19-2003; operative 7-19-2003. Approved by Fair Political Practices Commission 5-6-2003 (Register 2003, No. 25).
3. Change without regulatory effect amending division heading, chapter heading, section and appendix filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Subchapter 1. Standards and Training of Local Corrections and Probation Officers
Article 1. General Provisions
Note • History
The purpose of these regulations is to implement and make specific Chapter 1148 of the Statutes of 1979 (SB 924) as codified in Sections 6035-6043 of the Penal Code. These provisions are contained in Articles 2 and 3 of Chapter 5 of Title 7 of Part 3 of the Penal Code entitled “Standards and Training of Local Corrections and Probation Officers” and “Corrections Training Fund.”
Under the provisions of Article 3, a county or city may apply to the State Corrections Standards Authority, hereafter referred to as the Board, for funds for training of eligible corrections officers, juvenile counselors, and probation officers to improve the level of competence of such staff. Such application and approval is governed by these regulations and procedures established by the Board, subject to the availability of funds.
Funds for this program are appropriated by the Legislature from the Corrections Training Fund which is derived from a percentage designated by law of the penalty assessments on bail forfeitures and fines levied by the courts.
It is the intent of the Board that each county and city have maximum flexibility in assessing and meeting its training needs consistent with the intent of the legislation and proper accountability of public funds.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. New Subchapter 1, Articles 1-9 (Sections 100-358, not consecutive) filed 7-1-80 as an emergency; effective upon filing (Register 80, No. 27). For prior history, see Registers 76, No. 41 and 26, No. 2. A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-29-80.
2. Certificate of Compliance filed 12-1-80 (Register 80, No. 49).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of second, third and fourth paragraphs filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Change without regulatory effect amending second paragraph and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
The objective of the program of standards and training of local correction and probation officers is to raise the level of competence of such officers. This objective is carried out by:
(a) Establishing minimum standards for selection and training of corrections officers, juvenile counselors and probation officers, and
(b) Allocating available funds to local correctional institutions, local juvenile institutions, and local probation departments of a county or city which formally agrees to adhere to the standards and requirements established by the Board.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment of subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
(a) “College” is a community college, college or university accredited as such by:
(1) The Department of Education of the state in which the community college, college or university is located, or
(2) The recognized national accrediting body, or
(3) The state university in the state in which the community college, college or university is located.
(4) The state agency authorized by the state's legislature to accredit post-secondary education for vocational colleges.
(b) “Administrator” means the top levels of administration of a department and includes the following types of positions:
(1) County Sheriff
(2) Undersheriff/Assistant Sheriff
(3) Chief Deputy or Commander in charge of multi-detention facilities
(4) County Probation Officer
(5) Assistant County Probation Officer
(6) County Director of Corrections
(7) Assistant Director of Corrections
(8) Chief of Police
(9) Assistant Chief of Police
(c) “Application” means the document prepared by a county or city by which it requests funds to provide training for corrections officers, juvenile counselors and/or probation officers pursuant to the Standards and Training of Local Corrections and Probation Officers Program. The application includes the training plan.
(d) “Board” means the State Corrections Standards Authority, a unit of the California Department of Corrections and Rehabilitation.
(e) “Certified Course” is a formal program of instruction approved by the Board for training of corrections and probation officers.
(f) “Department” means a probation department, sheriff's department, county correctional agency, or city police department established pursuant to applicable charter, statute and/or ordinance.
(g) “Department Head” means the county probation officer, county sheriff, chief administrative officer of a county correctional agency, or chief of police.
(h) “Detention Facility Manager” is a position in charge of an adult detention facility. Included are titles such as correctional lieutenant, captain, and commander.
(i) “Eligible staff” means those persons who meet all of the following criteria for full or limited participation.
(1) Full participation:
Are employed full time or as regular part time employees provided that at least 51% of their working hours are in a local detention facility, probation department, or correctional services agency and have as a primary duty the responsibility for custody and/or for correcting the behavior of adult and/or juvenile offenders under local jurisdictions. This is defined to include custodial positions such as corrections officer or administrative or staff positions such as training officer and administrative service officer. Training for employees in staff or administrative positions is to be appropriate and essential to improve their competence in the area of the standards and training of local corrections and probation officers' program operations. The determination to include such administrative or staff positions is to be made by the department head.
(2) Limited participation:
Are employed full-time by a law enforcement agency and have as one of their duties the responsibility for the custody and/or supervision of adult or juvenile offenders, but work in that capacity less than 51% of their time and have not completed the entry-level core course as specified in Section 1020, Title 15 or the Jail Management Supplemental Training as specified in Section 1023, Title 15.
(j) “Encumbered funds” means funds reserved by a county by means of a legal obligation such as a contract, purchase order, or other commitment to expend the funds.
(k) “Entry Corrections Officer” is a position in which the incumbent has not fully complied with Section 131(a) (1 through 7) of these regulations nor has completed one-year continuous employment in an adult detention facility which is preparatory to advancement to the journey level correctional officer. Incumbents learn procedures and techniques of custody, supervision and counseling of inmates.
(l) “Entry Juvenile Counselor” is a position in which the incumbent has not fully complied with Section 131(a) (1 through 7) of these regulations nor has completed one-year continuous employment in a juvenile institution which is preparatory to the journey level counselor. Incumbents learn the procedures and techniques of custody, supervision, and counseling of juvenile offenders.
(m) “Entry Probation Officer” is a position in which the incumbent has not fully complied with Section 131(a) (1 through 7) of these regulations nor has completed one-year continuous employment in a probation department which is preparatory to advancement to the journey level deputy probation officer. Incumbents learn to perform complex investigations and casework supervision.
(n) “First Level Supervisory Position” is a position in which the incumbent plans, assigns, and reviews the work of entry/journey level employees of a department. Typical titles include supervising probation officer I, sergeant, supervising juvenile counselor and supervising corrections officer.
(o) “Job classification category” means those types of classifications assigned in a juvenile facility, adult detention facility, or probation department which are eligible for funding under the act, e.g., entry probation officer, journey juvenile counselor, supervising corrections officer, probation manager, etc.
(p) “Journey Corrections Officer” is a position in an adult detention facility which, with minimal supervision, performs the full range of custody, supervision, and counseling of inmates and have complied with Section 131 of these regulations. Incumbents may also have lead responsibility.
(q) “Journey Juvenile Counselor” is a position in a juvenile institution which, with minimal supervision, performs the full range of custody, supervision and counseling of juvenile offenders and has complied with Section 131 of these regulations. Incumbents may also have lead responsibility.
(r) “Journey Probation Officer” is a position in a probation department which performs the full range of juvenile and/or adult case investigation, supervision, or probation programs and has complied with Section 131 of these regulations.
(s) “Manager” means those middle management classifications above the first supervisory level and below the assistant department head level. Typical titles include juvenile institution manager, detention facility manager, lieutenant, and probation manager.
(t) “Supervisor” is a position which plans, assigns, and reviews the work of a group of entry/journey juvenile counselors, local corrections or probation officers. This is the first supervisory level. Incumbents may also function in a staff capacity.
(u) “Training Plan” is a plan which includes an assessment of a department's training needs, the number of eligible staff, the types of courses to be completed, and a training schedule for the fiscal year. This training plan is included as part of the county's application.
(v) “Training Provider” means a college, department, person, or organization authorized by the Board to conduct certified courses.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036(d), Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsections (b)(3), (i)(1)-(i)(3), (n), (t), (u) and new subsection (aa) filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (i) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Change without regulatory effect amending subsection (d) and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§103. Technical Assistance and Consultation.
Note • History
The Board shall provide technical assistance and consultation to the counties, cities, and providers upon request or in response to changing conditions and local needs in the continuing operations, development, and implementation of the Standards and Training for Corrections Program.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
(a) Within statutory limits, the Board may grant a waiver from any standards or program requirements for good and sufficient reason. Such a waiver may be granted only upon written application from the local department seeking the waiver.
(b) A county or city shall not take action on the requested waiver until receipt of the Board's written approval.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (b) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of section heading and section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§105. Administrative Manual. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
If any article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the Board, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of those regulations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Article 2. Minimum Standards for Selection
Note • History
The purpose of this article is to set forth the minimum selection standards which will assure and/or increase the level of competence of persons selected for entry probation officer positions, entry juvenile counselor positions, and entry corrections officer positions.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6035, Penal Code.
HISTORY
1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§131. Minimum Selection Standards.
Note • History
(a) In addition to the requirements set forth in Section 830 et seq. of the Penal Code and Section 1029 et seq. of the Government Code, the standards set forth below shall apply. These standards for entry probation officer positions, entry juvenile counselor positions, and entry corrections officer positions shall include but not be limited to the following:
(1) Basic abilities and other characteristics important for successful job performance as demonstrated by passing the Board's written examination. An alternative examination may be substituted pursuant to Section 132.
(2) Competence in oral communication as demonstrated in an interview.
(3) Past behavior compatible to job requirements as demonstrated by a background investigation.
(4) Competence in the knowledge, skills and abilities necessary for entry-level job performance, as demonstrated by successful completion of the required core curriculum.
(5) Competence in the performance of entry-level duties as demonstrated by successful completion of the probationary period.
(6) The ability to perform the essential job functions of the position as demonstrated by meeting the Board's current guidelines for Vision, Hearing, and Medical Screening.
(7) A minimum of 18 years of age prior to appointment.
(b) The level of competence in (a)(2) and (a)(3) above shall be commensurate with the needs of the individual job classifications of each county or city. The level of competence in (a)(1) above shall be commensurate to the cutoff score that is chosen by the county or city and is consistent with research validation.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§132. Counties and Cities with Existing Selection Standards.
Note • History
(a) Counties and cities maintaining standards that meet or exceed the minimum selection standards shall be deemed to be in compliance with the minimum standards. Those agencies choosing an alternative selection examination must:
(1) ensure the examination measures the knowledge, skills, abilities and other personal characteristics identified by the Board as necessary for successful job performance.
(2) have validated that the examination tests for the knowledge, skills, abilities and other personal characteristics.
(3) verified that the examination meets the fairness doctrines of the Federal Uniform Guidelines for Selection Procedures, and
(4) have established a cutoff score within a range that is consistent with their validation research study.
(b) Each county and city is encouraged to maintain or improve standards that exceed the minimum selection standards consistent with the goal of increased competency.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment of subsections (a)(1)-(2) and (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§133. Effective Term of Selection Standards.
Note • History
The selection standards described in Section 131 shall remain in effect until modified by the Board. The Board may modify the selection standards consistent with future job analyses data collection, revalidation research, and selection procedure development.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Article 3. Minimum Standards for Training
Note • History
The purpose of this article is to set forth the courses and the hours which are the minimum training standards. These courses are to be established in a manner to provide maximum flexibility for instruction and encourage the use of varied instructional methods.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§170. Administrative Manual. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
(a) There are 7 training courses in the program as follows:
(1) Probation Officer Core Course.
(2) Juvenile Counselor Core Course.
(3) Corrections Officer Core Course.
(4) Corrections Officer Basic Academy Supplemental Core Course.
(5) Supervisor Core Course.
(6) Manager/Administrator Core Course.
(7) Annual Training Courses.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
The training requirements set forth in these regulations are mandatory for all eligible staff employed by participating county and city departments and are in addition to any other training required by law.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Repealer of subsection (a) designator, amendment of former subsection (a) and repealer of subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§173. Probation Officer Core Course.
Note • History
The probation officer core course consists of a minimum of 196 hours of instruction in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Amendment filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§174. Advanced Probation Officer Course. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§175. Supervisory Probation Officer Course. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§176. Juvenile Counselor Core Course.
Note • History
The juvenile counselor core course consists of 160 hours of instruction in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment.
NOTE
Authority cited: Section 6035, Penal Code; and Section 12838.5, Government Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Amendment of section and Note filed 12-11-2007; operative 1-10-2008 (Register 2007, No. 50).
§177. (Optional) Basic Juvenile Institutions Night Attendant Course. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Repealer and new section filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§178. Supervisory Juvenile Institutions Course. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§179. Corrections Officer Core Course.
Note • History
The corrections officer core course consists of a minimum of 176 hours, in specific performance/instructional objectives. Entry-level staff must successfully complete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests. Entry-level core training shall be completed in the first year of employment
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsections (a) and (c) filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (a) and repealer of subsection (c) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Amendment filed 5-29-2001; operative 7-1-2001 (Register 2001, No. 22).
§180. Corrections Officer Basic Academy Supplemental Core Course.
Note • History
The corrections officer basic academy supplemental core course consists of a minimum of 56 hours of instruction in specific performance/instructional objectives. It is for the corrections officer who has completed the POST Basic Academy Course for peace officers. Entry-level staff must successfully compete these course objectives as demonstrated by a satisfactory level of proficiency on relevant achievement tests, within the first year of employment.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Repealer and new section filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
(a) The supervisor core course consists of a minimum of 80 hours of instruction to be completed during the first year of employment as a supervising corrections officer, supervising probation officer, or supervising juvenile counselor, as defined in these regulations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§182. Manager/Administrator Core Course.
Note • History
(a) The manager/administrator core course consists of a minimum of 80 hours of instruction in general management/administration subjects. This course shall be completed by an employee during the first year of assignment as a manager or administrator, as defined in these regulations.
(b) The Board may allow credit under its criteria for comparable courses previously completed.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (d) filed 12-1-80 (Register 80, No. 49).
2. Repealer of subsection (d) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of section heading and subsection (c) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of subsection (a), repealer of subsection (b) and subsection renumbering, and amendment of newly designated subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§183. Administrator Core Course. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsections (b) and (f) filed 12-1-80 (Register 80, No. 49).
2. Repealer of subsection (f) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of section heading and subsection (b) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Repealer filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§184. Annual Required Training.
Note • History
(a) Each full participation eligible staff member shall complete annual training, during any year he/she is not participating in a core course as identified in Section 171 of these regulations.
(1) Journey probation officer--40 hours.
(2) Journey juvenile counselor--24 hours.
(3) Journey corrections officer--24 hours.
(4) Probation supervisor--40 hours.
(5) Supervising juvenile counselor--40 hours.
(6) Supervising corrections officer--24 hours.
(7) Manager--40 hours.
(8) Administrator--40 hours.
(b) Annual training is designed to provide updating and refresher instruction. Flexibility is permitted in course content and method of instruction in order to meet changing conditions and local needs.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new subsection (c) filed 12-1-80 (Register 80, No. 49).
2. Repealer of subsection (c) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (a) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of subsections (a) and (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§185. Deadline for Compliance.
Note • History
All counties and cities participating in this program shall be in full compliance with the standards and requirements set forth in these regulations no later than June 30 of each year.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§186. Exemptions to Advanced Courses. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Article 4. Equivalency of Training [Repealed]
(Provisions of this article repealed and
terminated on December 31, 1981)
HISTORY
1. Repealer of article 4 (sections 200-209) filed 10-22-86; operative 7-1-87 (Register 87, No. 22).
Article 5. Certification of Training Courses
Note • History
The purpose of this article is to set forth the requirements and criteria for certification and delivery of courses.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§231. Certification of Courses.
Note • History
(a) The Board may certify courses based upon criteria and procedures established by the Board.
(b) Criteria for certification include, but are not limited to:
(1) A demonstrated need for the course.
(2) Demonstrated capability to provide quality instruction based on qualifications of instructors, instructional performance objectives, curriculum standards, and facilities.
(3) The cost of providing the instruction as related to the benefits.
(4) The extent to which eligible staff from any participating county or city may attend the course.
(5) The frequency of which the instruction can be provided in relation to the need.
(6) The ability to provide the instruction within the State of California.
(7) Adherence to fiscal policies and procedures as established by the Board.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsections (b)(2) and (b)(4) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Repealer of subsection (c) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§232. Application for Certification of Course.
Note • History
(a) A training provider shall apply for certification of each course according to procedures established by the Board.
(b) Such application for certification shall be for all or part of the training requirements as determined by the Board.
(c) The application shall include but not be limited to a synopsis statement of the course, a course outline giving hours of instruction in each topic, performance objectives and standards of achievement, length of course, instruction methodology, instructor experience and education, and costs associated with delivery.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (a) filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (b) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (b) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of subsections (a)-(c) and repealer of subsection (d) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§233. Regular Certification and Revocation.
Note • History
(a) A regular certification of a course is valid for one year after issuance by the Board unless revoked by the Board.
(b) Certification of a course may be revoked by the Board, under the guidelines set forth by the Board when:
(1) There is no longer a demonstrated need for the course; or
(2) Evaluation indicates that an acceptable quality of instruction is not being provided; or
(3) There is failure to comply with the criteria set forth in these regulations.
(c) In lieu of revocation, the Board may instead certify the course on a provisional basis under Section 233.5.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No 49).
2. Amendment of subsection (b) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of section heading and subsection (b)(2) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§233.5. Provisional Certification.
Note • History
(a) The Board may certify a course on a provisional basis under the guidelines set forth by the Board.
(b) In lieu of revocation of a regular certification, the Board may grant a provisional certification.
(c) Such provisional certification is valid for a maximum of one year and shall not be renewed.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (a) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§234. Attendance Determined by Counties and Cities.
Note • History
Participation in any certified course is determined by each county's or city's training needs. Certification of a course by the Board does not carry the assurance or implication of minimum attendance.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Note • History
The Board may at any time audit a training course to assist in the determination of whether the objectives and qualitative aspects of the course are being met and that it is being presented as certified.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Article 6. Certificates of Completion of Training.
Note • History
The purpose of this article is to set forth the criteria under which the Corrections Standards Authority may issue certificates of completion of training and to provide a means for recognizing special training completed by eligible staff.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Change without regulatory effect amending section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§261. Certificates of Completion of Training.
Note • History
(a) The Corrections Standards Authority may grant a certificate of completion upon completion of each of the following courses:
(1) Probation Officer Core Course.
(2) Juvenile Counselor Core Course.
(3) Corrections Officer Core Course.
(4) Corrections Officer Basic Academy Supplemental Core Course.
(5) Supervisor Core Course.
(6) Manager/Administrator Core Course.
(7) Annual Required Training Courses.
(b) Upon successful completion of a certified course by eligible staff, the training provider may issue a certificate of completion to such staff.
(c) The training provider shall notify the Board in writing of the following:
(1) Name, title, and organization of the eligible staff who completed the training.
(2) Name of the course and the date of completion.
(3) Documentation that the specific requirements of the course were fully met by each person.
(4) Other information as may be required by the Corrections Standards Authority.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsections (a) and (b) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment of subsection (a) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of subsection (a)(6), repealer of subsection (a)(7) and subsection renumbering, and amendment of newly designated subsection (a)(7) and subsection (c) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Change without regulatory effect amending subsections (a) and (c)(4) and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§262. Specialized Course Completion Certificates.
Note • History
(a) The Corrections Standards Authority may grant course completion certificates in recognition of specialized training under procedures established by the Board.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§263. Revocation of Certificate.
Note • History
The Corrections Standards Authority may revoke a certificate of completion if it was issued through administrative error, or was obtained through misrepresentation or fraud.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Change without regulatory effect amending section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Article 7. Administration of Funds
Note • History
This article sets forth the policies governing application for and administration of funds disbursed to participating counties and cities.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Note • History
(a) As provided in Section 6035 of the Penal Code, a county or city department receiving subvention under this program shall adhere to the standards for selection and training established by the Board. No allocation of funds shall be made to any county or city department which is not adhering to these regulations and the guidelines established by the Board.
(b) A county or city, which, despite good faith efforts in the administration of its program, is unable to fully meet the requirements set forth in these regulations, may apply for a waiver under Section 104 of these regulations.
(c) In the event that the state subvention is less than declared for the fiscal year, the Board may relieve a county or city from its responsibility to fully implement its training plan(s).
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036, 6041, 6042, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Repealer of subsection (d) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§292. Exclusion of “POST” Subvented Courses.
Note • History
As provided in Section 6043 of the Penal Code, jurisdictions employing peace officer personnel which are eligible for training subventions pursuant to Section 13500 et seq. of the Penal Code (Peace Officer Standards and Training) (POST) are not eligible to receive subventions under this program except that peace officers assigned full time to correctional duties may participate in training and their jurisdictions receive subventions under this program, provided that the same training for the same individuals is not also reimbursed under the POST program.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6043, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
§293. Use of Funds for Matching Grant Funding.
Note • History
A county or city may use funds allocated by the Board under this program for purposes of matching grant funds for purposes of selection or training which are consistent with this chapter provided that such funding arrangements are not prohibited by the granting agency.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including renumbering of Section 293 to Section 294 and new section filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§294. Adoption of County Ordinance. [Repealed]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Certificate of Compliance including repealer of Section 294 and renumbering and amendment of Section 293 to Section 294 filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
(a) The application, which includes the training plan for each department participating in the program, shall be submitted by the county or city in the manner prescribed by the guidelines established by the Board.
(b) The application shall include but not be limited to:
(1) A certified copy of the adopted ordinance.
(2) A certification that the department(s) will not use state subvention from this program to pay for costs of training, if funding is received from any other state source to pay for the same costs.
(3) A training plan in the format prescribed by the Board, which includes the following:
(A) The total number of staff, by department and job classification category, who are eligible for full or limited participation in the program.
(B) The number of eligible staff, by department and job classification category, who are scheduled for training during the fiscal year.
(C) A training schedule, by each quarter, for the entire fiscal year setting forth an estimate of time when staff will be scheduled to attend courses.
(D) The estimated expenditure schedule of state subvention to provide the training, by each quarter, and the total for the fiscal year.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (b)(3) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§296. Date for Submission of Application.
Note • History
A county or city shall submit an application and training plan for participation in the program no later than April 15, of each calendar year, to be effective for the following fiscal year starting July 1.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§297. Approval of Application.
Note • History
The Board shall review and approve the application and training plan submitted by a county or city provided the standards and requirements contained in these regulations and the application guidelines are met. The amount of subvention approved shall not exceed the amount available to the county or city as calculated under Section 298 of these regulations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§298. Calculation of Available Funds.
Note • History
(a) Funds to be available for allocation to a counties and cities shall be determined by the Board and based on the following:
(1) the amount of funds appropriated by the Legislature for direct training for the fiscal year.
(2) the number of annual eligible staff positions in all participating jurisdictions.
(3) the number of core eligible staff positions in all participating jurisdictions, with such positions receiving a 50% greater amount than annual eligible staff positions.
(4) the requirements of a prudent contingency fund.
The allocation to each county or city will be equitable based on the number of annual and core eligible staff positions. This allocation will be announced by the Board to each participating county or city by February 15 of each year, to be effective for the following fiscal year starting July 1.
(b) For purposes of calculation of available funds, no county or city shall be deemed to have less than eleven eligible staff positions.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6037, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§299. Allocation and Use of Funds Based on Training Plan.
Note • History
(a) Funds allocated to a county or city shall be based on the training plan submitted by the county or city and approved by the Board. The allocation of funds shall not exceed the amount eligible to the county or city for the fiscal year. Such funds shall be used for Board certified training. Upon application, the Board may approve use of funds for training needs assessment to meet changing conditions and local needs.
(b) Funds can be used to pay costs associated with the training such as tuition, per diem, and travel. Tuition expenses shall not exceed guidelines established in SAM. Travel and per diem expenses shall be paid pursuant to county or city regulations.
An agency may use funds to pay the associated costs of staff who attend training on regularly scheduled time off or who replace employees attending training.
(c) For part time positions, allocation of funds shall be based on the number of full time equivalent positions which are filled with regular employees working half-time or more.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036, 6037 and 6042, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsections (a) and (b) and repealer of subsection (d) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (a) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of section heading and section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
5. Editorial correction of Note (Register 98, No. 5).
§300. Quarterly Disbursement of Funds.
Note • History
(a) Upon approval of the county's or city's training plan by the Board, the Board shall certify to the State Controller the amount of funds to be disbursed quarterly to the county.
(b) The state shall disburse funds to a county or city, insofar as is practicable, in advance during the first month of each quarter.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036 and 6042, Penal Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b) filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (b) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§301. Separate Account in County or City.
Note • History
Each county or city receiving subvention shall establish a separate account for receipt and disbursement of program funds. Such funds shall be used only to pay costs associated with Board certified training, pursuant to the training plan approved by the Board, and Section 299 of these regulations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Amendment filed 10-2-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment of section heading and section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
The Board may periodically adjust the amount of funds to be made available for allocation to participating counties and cities based upon criteria established by the Board. Factors for consideration include the amount available in the Corrections Training Fund, the amount necessary for a prudent contingency fund, the number of counties and cities participating in the program and other relevant considerations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§302.5. Special Allocation of Funds.
Note • History
Notwithstanding the provisions of Sections 298 and 299, in unusual circumstances such as a significant increase in eligible staff and/or substantial unanticipated training needs, the Board may allocate funds (from contingency funds) to a county or city in excess of the county's or city's regular allocation. Such special allocation shall be subject to availability of funds.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
(a) Within 45 calendar days after the end of each quarter, the county or city shall submit verification of training completed during the quarter pursuant to the training plan.
(b) The quarterly report shall contain information required by the Board, and shall include but not be limited to:
(1) The number of staff trained, certified courses completed, and hours completed.
(2) The total subvention expenditures for costs necessary to pay staff who attend training on regularly scheduled time off or who replace employees attending training.
(3) The total subvention expenditures for the entire training program.
(4) Significant changes, problem areas, and any other significant data or observations regarding the program or deviations from the training plan.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036 and 6041, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment of subsection (a) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22)
4. Amendment of subsections (b)(1)-(3), repealer of subsection (b)(4), subsection renumbering, and amendment of newly designated subsection (b)(4) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§304. Modification of Training Plan.
Note • History
A county or city may request a modification of its training plan at any time prior to April 30 during the fiscal year in which the plan is in effect. Approval of the modification by the Board is required before a county or city may implement the modified plan. The Board shall normally notify a county or city of its decision on the modification not later than 30 days after receipt.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6041, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Note • History
(a) In no case shall a county or city retain funds, on an annual basis, in excess of 100 percent of actual costs incurred, not to exceed the amount of subvention available, in the implementation of the training plan. Any funds determined to be inappropriately or erroneously spent, including that resulting from non-compliance, as well as overpayments resulting from county or city plan modifications or other causes, shall upon written notification, be repaid to the State. Such repayment may be by county or city warrant and/or may be withheld from subsequent quarterly allocations at the discretion of the Board.
(b) The county or city shall liquidate any outstanding financial obligation within 60 days after the end of the fiscal year.
(c) Any funds not expended by a county or city pursuant to the approved training plan during the fiscal year shall revert to the state. This repayment may be made by:
(1) County or city warrant payable to the state within 30 calendar days of the date of notification; or
(2) Deduction by the Board of the amount to be repaid by the county or city from quarterly disbursement(s) in the following fiscal year by the state; or
(3) A combination of (1) and (2) above.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6042, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, No. 49).
2. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Amendment of subsections (a), (c) and (c)(2) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§306. Annual Financial Statement.
Note • History
Within 90 days after the end of the fiscal year, the county or city shall submit a financial statement of the total amount of subvented expenditures and revenues during the fiscal year. The report shall be submitted to the Board in a format prescribed by the Board. Any unused funds shall be repaid to the state pursuant to Section 305 of these regulations.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6042, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§307. Maintenance of Accounting Records.
Note • History
A participating county or city shall maintain adequate accounting records of subvention expenditures and revenues established according to generally accepted governmental accounting principles in sufficient detail to allow an audit.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§308. County/City Withdrawal from Program.
Note • History
A County Board of Supervisors or City Council may withdraw an agency(ies) from participation in this program by written notice to the Board. Such withdrawal shall not be effective earlier than 45 calendar days following receipt of the county's or city's notice to the Board.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including repealer and new section filed 12-1-80 (Register 80, No. 49).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of section heading and section filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Article 8. Monitoring of Program Administration and Evaluation
Note • History
This article sets forth the methods and procedures for monitoring and evaluating this program.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
(a) Each county or city participating in the Standards and Training Program shall maintain records to permit monitoring of the administration of the program. Such records shall include but need not be limited to:
(1) The names, job classifications, and courses, including the number of hours, attended by eligible staff during the year.
(2) Expenditure records of eligible staff attending training covering the following categories.
(A) Tuition, fees and expenses paid to training organizations and consultants.
(B) Personnel replacement salaries and benefits.
(C) Per diem expenses incurred by eligible staff attending training.
(D) Travel expenses incurred by eligible staff attending training.
(b) It is the intent of this section that these requirements not supersede normal county or city accounting procedures, but rather supplement such procedures to permit monitoring.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036 and 6044, Penal Code.
HISTORY
1. Renumbering of former Section 320 to Section 317 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
The Board shall monitor during each fiscal year the administration of the county or city Standards and Training Program to assess the progress and see that the program is operating in accordance with the approved application, these regulations, and the law.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036 and 6044, Penal Code.
HISTORY
1. Renumbering and amendment of former Section 321 to Section 318 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
The state reserves the right to audit the total accounting records of counties or cities relating to the administration of the Standards and Training Program. Any improper expenditures disclosed in such audits will be recovered by the state through deductions from future quarterly allocations or repayment by the responsible county or city.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Sections 6036 and 6044, Penal Code.
HISTORY
1. Renumbering of former Section 322 to Section 319 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
(a) The Board shall evaluate the effectiveness of the Standards and Training of Local Corrections and Probation Officers Program.
(b) Factors to be considered in evaluation include but are not limited to:
(1) Cost effectiveness of the training course;
(2) Development and maintenance of a file for the collection of job task analysis data;
(3) Job relatedness and revalidation of the training courses and standards;
(4) Job relatedness and revalidation of the selection standards;
(5) Effectiveness of the training courses taken as applied to employee capability or increased competence;
(6) Selection and training delivery systems.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036 and 6044, Penal Code.
HISTORY
1. Renumbering of former Section 320 to Section 317, and renumbering of former Section 323 to Section 320 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19). For prior history, see Register 80, No. 49.
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of subsections (a) and (b)(2) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§321. Monitoring of Program. [Renumbered]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Renumbering and amendment of Section 321 to Section 318 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§322. Auditing of Records. [Renumbered]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Renumbering of Section 322 to Section 319 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
§323. Program Evaluation. [Renumbered]
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, o. 49).
2. Renumbering of Section 323 to Section 320 filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Article 9. Appeal Procedures
Note • History
The appeal hearing procedures are intended to provide a review concerning the application and enforcement of standards and regulations governing the administration of the Standards and Training of Local Corrections and Probation Officers Program. A county or city may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
2. Amendment of section heading filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
Note • History
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Certificate of Compliance including new section filed 12-1-80 (Register 80, No. 49).
2. Repealer filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
Note • History
The following definitions shall apply to this article:
(a) “Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for the formal decision concerning matters raised in Section 350 of these regulations. Such hearing may be conducted using oral and/or written testimony as specified by the Board or its Executive Director.
(b) “Appellant” means a county or city that files a request for an appeal hearing.
(c) “Executive Director” means the Executive Director of the Board.
(d) “Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken, including a request for a hearing on the matter filed with the Executive Director or the Board.
(e) “Filing date” means the date a request for an appeal hearing is received by the Executive Director or the Board.
(f) “Authorized representative” means an individual authorized by the appellant to act as his representative in any or all aspects of the hearing.
(g) “Hearing panel” means a panel of three members of the Board who shall be selected by the Chairman at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not work for or reside in the county or city submitting the appeal.
(h) “Proposed decision” means a written recommendation from the hearing panel/hearing officer to the full Board containing a summary of facts and a recommended decision on the appeal.
(i) “Notice of decision” means a written statement by the Executive Director or the Board which contains the formal decision of the Executive Director or the Board and the reason for that decision.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsections (b) and (d) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment of subsection (g) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
4. Change without regulatory effect amending section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
(a) There are two levels of appeal as follows:
(1) Appeal to the Executive Director.
(2) Appeal to the Board.
(b) An appeal shall first be filed with the Executive Director.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsection (a)(2) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change without regulatory effect amending subsections (a)(1) and (b) and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§353. Appeal to the Executive Director.
Note • History
(a) If a county or city is dissatisfied with an action of the Board staff, it may appeal the cause of the dissatisfaction to the Executive Director. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county or city is dissatisfied.
(b) The appeal shall be in writing and:
(1) State the basis for the dissatisfaction.
(2) State the action being requested of the Executive Director.
(3) Include any correspondence or other documentation related to the cause for dissatisfaction.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment of subsection (a) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Amendment of subsections (a) and (b)(3) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
4. Change without regulatory effect amending section heading, subsections (a) and (b)(2) and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§354. Executive Director Appeal Procedures.
Note • History
(a) The Executive Director shall review the correspondence and related documentation and render a decision on the appeal within 30 calendar days, except in those cases where the appellant withdraws or abandons the appeal.
(b) The procedural time requirement may be waived with the mutual consent of the appellant and the Executive Director.
(c) The Executive Director may render a decision based on the correspondence and related documentation provided by the appellant and may consider other relevant information.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change without regulatory effect amending section heading, section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§355. Executive Director's Decision.
Note • History
The decision of the Executive Director shall be in writing and provide the rationale for the decision.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
2. Change without regulatory effect amending section heading, section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§356. Request for Appeal Hearing by Board.
Note • History
(a) If a county or city is dissatisfied with the decision of the Executive Director, it may file a request for an appeal hearing with the Chair of the Board. Such appeal shall be filed within 30 calendar days after receipt of the Executive Director's decision.
(b) The request shall be in writing and:
(1) State the basis for the dissatisfaction.
(2) State the action being requested of the Board.
(3) Include all correspondence and any information related to the appeal.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).
2. Amendment of subsections (a) and (b)(3) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
3. Change without regulatory effect amending subsection (a) and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§357. Board Hearing Procedures.
Note • History
(a) The hearing shall be conducted by a hearing panel designated by the Chair of the Board at a reasonable time, date, and place, but not later than 30 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(b) The procedural time requirements may be waived with mutual consent of the appellant and the Board.
(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(d) An appellant may waive a personal hearing before the hearing panel; and under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information.
(e) The hearing is not formal or judicial in nature. Pertinent and relative information, whether written or oral, will be accepted. Hearings will be tape recorded.
(f) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Board at its next regular public meeting.
NOTE
Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Amendment of subsections (a)-(d) and (f) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
§358. Corrections Standards Authority Decision.
Note • History
(a) The Board, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Decide the matter on the record with or without taking additional evidence, or,
(3) Order a further hearing to be conducted if additional information is needed to decide the issue.
(b) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Board, or notice of new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the Board to the appellant with verification of delivery.
(c) The record of the testimony exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case.
(d) The decision of the Board shall be final.
NOTE
Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.
HISTORY
1. Editorial correction restoring inadvertently omitted subsection (d) (Register 96, No. 27).
2. Amendment of subsections (a), (b) and (d) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).
3. Change without regulatory effect amending section heading and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Subchapter 2. County Correctional Facility Capital Expenditure and Youth Facility Fund
Article 1. General Provisions
Note • History
For those contracts signed pursuant to the County Jail Capital Expenditure Bond Acts of 1981 and 1984, and the County Correctional Facility Capital Expenditure Bond Act of 1986, the regulations in effect at that time implementing the specific bond act will apply. Regulations as amended in compliance with the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988 shall apply only to contracts authorized pursuant to provisions of the 1988 bond act.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4497.12, Penal Code.
HISTORY
1. New Subchapter 2 (Articles 1-5, Sections 500-592, not consecutive) filed 11-5-81; effective thirtieth day thereafter (Register 81, No. 45).
2. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
3. Amendment filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
4. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
5. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Note • History
The following words where used in this subchapter shall have the meaning hereafter ascribed to them, unless the context of their use clearly requires a different meaning.
(a) “Board” means State Board of Corrections, which board acts by and through its executive officer and representatives.
(b) “Application” and “formal project proposal” are used interchangeably and mean the document prepared by a county, or two or more counties if a common application, by which a request is made for County Correctional Facility Capital Expenditure and Youth Facility Funds from the state.
(c) “County Correctional Facility Capital Expenditure and Youth Facility Fund” means moneys received from the sale of State of California General Obligation Bonds as authorized by the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988.
(d) “Fund” as used in the context of these regulations shall mean the County Correctional Facility Capital Expenditure and Youth Facility Fund.
(e) “Match” is local funds in the form of cash, property or management/administrative services contributed by a county on a funded project in the ratio established by the Board of Corrections.
(f) “Local Funds” are funds for construction collected locally or funds collected by state or federal authorities and distributed to local jurisdictions without restrictions in their functional purpose. General revenue sharing funds, Government Code section 68073.4 “County Criminal Justice Temporary Construction Fund” monies, and Federal Justice Assistance Administration funds are included in this definition.
(g) “Detention Administrator of Local Jails” means the Sheriff, Chief Probation Officer, the director of a county department of corrections and/or any other official charged by law with the administration of a local jail or jails. Whenever the term “Detention Administrator” is used in these regulations, it refers to a Detention Administrator of local jails.
(h) “Local detention facility” means any city, county, city and county, or regional facility used for the confinement for more than 24 hours of adults, or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.
In addition, for the purposes of these regulations, “local detention facility” also includes any city, county, city and county, or regional facility, constructed on or after January 1, 1978, used for the confinement, regardless of the length of confinement, of adults or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.
For purposes of these regulations, a local detention facility does not include those rooms that are used for holding persons for interviews, interrogations, or investigations, and are either separate from a jail or located in the administrative area of a law enforcement facility.
(i) “Separate housing” means being confined separately and distinctly from other persons in the local detention facility.
(j) “Overcrowding” in a local adult detention facility means a condition in which the actual population of a jail exceeds 80% of the State Board of Correction's rated capacity of the jail if the rated capacity is less than 100. “Overcrowding” in a jail with a rated capacity of over 100 occurs when the actual population exceeds 90% of rated capacity.
(k) “Rated Capacity” means the number of inmate occupants for which any cell, room, unit, building, facility or combination thereof was designed and constructed in conformity with the state's “Minimum Standards for Local Detention Facilities” and requirements in effect at the time of design and construction.
(l) “Design Capacity” includes all housing areas, even those specialized units that are not included in the Board-rated capacity. It does not, however, include temporary holding cells, such as those in the reception and booking area of the facility. Design capacity is used in calculating costs per bed and square foot.
(m) “Prearchitectural program” means a description of architectural and functional requirements for a building or remodeling project.
(n) “Architectural design” means the preparation of architectural drawings and specifications. It includes preliminary plans, plans at intermediate stages, models, final working drawings, specifications and engineering.
(o) “Construction” includes new construction, reconstruction, remodeling, renovation, and replacement of facilities, or acquisition and installation of relocatable detention units, and the performance of deferred maintenance of facilities. Only items with a useful life of at least ten years are eligible for deferred maintenance.
(p) “Construction cost norms” means the average range of construction costs determined by the Board from recent jail construction data.
(q) “Site” means the property on which the detention facility is located and a buffer zone. Roadways or areas serving functions other than the jail shall not be considered part of the site.
(r) “Mentally disordered,” for purposes of these regulations, means those prisoners diagnosed as having a severe mental disorder.
(s) “Severe mental disorder” means an illness or disease or condition which substantially impairs the person's thought, perception of reality, emotional process, or judgement; or which grossly impairs behavior; or which demonstrates evidence of an acute brain syndrome for which prompt remission in the absence of treatment is unlikely. The term “severe mental disorder” as used in these regulations does not include a personality or adjustment disorder, epilepsy, mental retardation or other developmental disabilities; or addiction to or abuse of intoxicating substances.
(t) “Public Inebriate” for purposes of these regulations, means those persons who are under the influence of alcohol and have been arrested for violation of section 647(f) of the Penal Code.
(u) “Incarceration rate” means the annual average daily population of a county jail system per 10,000 of county population. Such a rate is calculated for all counties and disseminated at least annually by the Board of Corrections.
(v) “Pretrial misdemeanor incarceration rate” means a prescribed sample average daily pretrial misdemeanor population per 10,000 of county population.
(w) “Sentenced prisoner alternatives percentage” means the percentage of sentenced prisoners enrolled in specified alternatives programs in relation to total sentenced prisoner admissions.
(x) “Fiscal Year” means the period from July 1 through June 30 inclusive.
(y) “Contract” means the written agreement and any amendments thereto between the State Board of Corrections and a county in which the terms, provisions, and conditions governing the funds are stated.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Amendment of subsections (b),(f),(g) and new subsections (p) and (q) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of subsection (c) filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (b), (c), (d) and (g) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
5. Amendment of subsection (a) filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§508. Interpretation of Regulations. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Article 2. Eligibility Requirements. Funding Allocation
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984.Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§512. Eligibility Requirements.
Note • History
(a) To be eligible for funding consideration, a county shall:
(1) Certify that juveniles are not housed in the county's adult detention facilities, except where authorized by law.
(2) Document the existence of separate housing for persons detained or arrested because of intoxication which will prevent mixing of this category of prisoner with other prisoners.
(3) Document the existence of separate housing for mentally disordered defendants or convicted prisoners, which will prevent mixing of this category of prisoner with other prisoners until such time as the responsible health authority, or his/her designee clears specific prisoners for non-separate housing, based on clinical judgement.
(4) Submit the required application document described in section 532 of these regulations;
(5) Complete or update a Major or Minor Needs Assessment as prescribed in sections 534, 536 and 538 of these regulations unless exempted as provided in section 534.
(6) Provide match as specified in section 514 of these regulations.
(7) Document the existence of courtroom facilities and hearing room facilities utilized for purposes of holding appropriate arraignments and bail hearings and for the conduct of parole revocation hearings.
(b) In addition, unless the county's sole project is a remodel of an existing adult detention facility which will not result in the addition of any beds, a county shall:
(1) demonstrate to the Board pursuant to provisions of Penal Code section 4497.10, that it is using, to the greatest extent feasible, alternatives to incarceration based on the following measures: an incarceration rate of no more than one standard deviation above the mean for all counties AND a pretrial misdemeanor incarceration rate of no more than one standard deviation above the mean for all counties OR a sentenced prisoner alternatives percentage of 5 percent or more as related to total sentenced prisoner admissions.
(A) The data to be used in establishing the incarceration rate will be the 1989 calendar year average daily population as reported by each county to the Board and the Department of Finance Report on Population by County.
(B) The pretrial misdemeanor incarceration rate will be based on an average of the daily pretrial misdemeanor jail population, developed from a four-day sample period in 1989 specified by the Board.
(C) The sentenced prisoner alternatives percentage will be based on enrollment in three programs: Penal Code section 4024.2 (work-in-lieu of jail), county parole, and home detention if the placement is made after some jail time is served.
(2) Counties failing to demonstrate adequate use of alternatives to incarceration by the above measures, pursuant to Penal Code section 4407.10, will be reevaluated annually by the Board. If any county is unable to satisfy the requirements of this section by September 30, 1993, the amount allocated to the county shall revert to the state, to be reallocated by the Board.
(c) The Board shall fund
(1) only those reasonable and necessary costs attendant to the construction of local jails, not to exceed 75% of the total project costs or 75% of the applicable construction cost norms prescribed in section 549 of these regulations. Costs in excess of these levels shall be funded by the county. In no case shall this amount exceed the allocation in section 44797.04 of the Penal Code.
(2) Reimbursement of construction or renovation costs incurred after June 3, 1986 for new projects approved pursuant to these regulations.
(3) Augmentations of projects funded pursuant to section 3(c) and (d) of chapter 1133, Statutes of 1984 (SB 50) and sections 5, subdivision (b) of chapter 1519, Statutes of 1986. These augmentations and prior funding shall not exceed the allocations contained in the 1984 and 1986 Statutes and shall be for the same project as the Board approved under those provisions.
(d) Projects or items not eligible for state funding under these regulations shall include, but not be limited to, the following:
(1) Jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible for funding.
(2) Criminal justice activities that are not directly related to the care and custody of inmates.
(3) Partial completion of a jail construction project. The application must provide reasonable assurance that the result of the funding will be a functioning or operational jail or unit of a jail.
(4) Planning prior to architectural design and architectural drawings and specifications including the preparation of preliminary plans, contract drawings and specifications.
(5) Off-site preparation and construction costs.
(6) Debt service or interest payments on bonds or any other form of indebtedness required to finance projectcosts.
(7) Costs associated with the development of information and activities required by section 542, Contract Elements.
(8) County administrative costs in managing the jail construction project.
(9) Activities and staffing involved in the completion or update of a Needs Assessment Study, Master site plan, or an EIR.
(10) County building permit fees and/or inspection fees.
(e) Projects costs or items which are ineligible for state funding, but are eligible as local match contributions shall include:
(1) Architectural drawings and specifications including the preparation of preliminary plans, contract drawings and specifications.
(2) Prearchitectural programming.
(3) Site acquisition.
(4) EIR preparation costs for full or focused EIR's.
(5) Reasonable county administrative costs in managing the jail construction project.
(6) Costs paid to consultants, outside the county workforce, for the completion or update of a Needs Assessment study.
(7) Detention administrative staff costs, limited to salary and benefits, necessary for jail planning and transition activities.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06, 4497.10 and 4497.12, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a), (b), (c) and (e) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
5. Amendment of subsection (d) and of NOTE filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§514. Matching Fund Requirements.
Note • History
(a) Counties shall be required to provide at least 10 percent hard match plus up to 15 percent soft match of the eligible project cost, for a total of 25 percent match. However, under the provisions of Penal Code section 4485, the Legislature may waive all, or a portion of, a county's match where it determines that it is necessary to facilitate the expeditious and equitable construction of state and local corrections facilities.
(b) Expenditures eligible as hard match shall include those for:
(1) Needs assessment studies, prepared by contract consultants.
(2) Architectural programming and design, prepared by firms or individuals outside the county workforce.
(3) Construction of the approved project, including space for jail staff conference, training, administration, showers and lockers, exercise, and lounge.
(4) Fixed and movable equipment and furnishings necessary for operation of the jail.
(5) Site preparation and reasonable landscaping costs.
(6) Construction management fees paid to firms or individuals outside of the county work force. These costs may include inspection fees and expenses for the cost of construction management services to augment county staff.
(c) Expenditures eligible as soft match shall include those defined above as eligible as hard match, plus the following:
(1) Site acquisition costs. (If the site was previously acquired, soft match credit will be allowed at the current fair market value of the site).
(2) County management and administrative staff costs, limited to salary and benefits only, necessary to the jail construction project.
(3) EIR preparation costs.
(4) County management administrative and detention administrative staff costs, limited to salary and benefits, necessary to the preparation or update of a needs assessment study.
(5) Detention administrative staff costs, limited to salary and benefits, necessary for jail planning and transition activities.
(6) County professional staff costs, limited to salaries and benefits, necessary for the drafting of architectural drawings for plan review submittals to the Board of Corrections, for deferred maintenance projects or projects costing $300,000 or less.
(d) To qualify as match, local expenditures must be for the project funded by the Board.
(e) Eligible local expenditures since June 1, 1982 may be included as match.
(f) The total of (b)(6) construction management fees, and (c)(2), county management and administrative staff costs, allowable as match, may not exceed a total of four percent of the project costs excluding site acquisition and EIR preparation costs.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code; Reference: Sections 4497.02, 4497.06 and 4497.12, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of subsection (a) filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a), (b), (c) and (e) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
5. Amendment of subsection (c) and of NOTE and new subsection (F) filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§516. Use of County Correctional Facility Capital Expenditure and Youth Facility Funds.
Note • History
(a) A county may use funds allocated by the Board under this program as match to other grants for purposes of construction which are consistent with these regulations.
(b) A county may use funds allocated by the Board under this program for a project, the county portion of which is financed through a third party such as a bank or non-profit corporation, if the Board approves such financing. The county financing must be consistent with all relevant regulations contained herein. Normally, such third party financing arrangements may be used if the county operates or intends to operate the proposed facility for a reasonable period of time and if the county provides the Board reasonable assurances that it will pay all lease or debt obligations. No state funds shall be used to pay principal and/or interest expenses.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment of subsection (b) filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Note • History
(a) Funding will be based on the allocations contained in Penal Code section 4497.04.
(b) Funding shall be for established and documented capital projects addressing the following jail needs and problems:
(1) Chronic overcrowding of male and/or female inmate populations.
(2) Fire and life/safety dangers, including circumstances which pose a threat to the safety of staff, the community, and prisoners.
(3) Replacement of dilapidated facilities.
(4) Inability to provide adequate separation between types of prisoners including the public inebriate and mentally disordered prisoners.
(5) Lack of equal opportunities and resources for female prisoners.
(6) Periodic or occasional overcrowding.
(7) Other violations of the state's “Minimum Standards for Local Detention Facilities.”
(8) Problems in jail operations or management that could be eased by structural modifications.
(9) Deferred Maintenance
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4496.12, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a) and (b) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§520. Application Funding Ranks. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant t Government Code Section 11346.2(d) (Register 85, No. 10).
§522. Restrictions and Changes in Application Funding Ranks. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
§524. Allocation Guidelines. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
Article 3. Application for Funds and Grant Awards
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§528. Application Process. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
§530. Pre-Application Notice. [Repealed]
Note • History
NOTE
Authority cited: Section 6029.1, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Repealer filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
Note • History
(a) A formal project proposal will be submitted by September 30, 1990.
(b) Formal project proposals shall consist of, but not be limited to, the following:
(1) An estimated budget for the project. This will identify the amount of state funds requested and the local match to be provided. The budget will also estimate the proportions of the budget to be devoted to site acquisition and preparation, to architectural fees, and to construction.
(2) A statement of the problem(s) to be remedied by the proposed project. This statement shall identify the problem areas, shall summarize needs assessment data justifying the proposed project, and shall discuss the extent to which the proposed project addresses the needs identified in the needs assessment study. If the county's needs assessment is not complete by September 30, 1990, the county shall commit by resolution that the funded project will be consistent with the needs identified.
(3) A description of the proposed project including scope and goals of work and an estimated timetable for completion of major phases of the project.
(4) A signed resolution by the Board of Supervisors authorizing submission of the formal project proposal for County Correctional Facility Capital Expenditure and Youth Facility Funds.
(c) If a county fails to submit a formal project proposal by September 30, 1990, the amount allocated to the county shall revert to the state, to be reallocated by the Board of Corrections.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4497.06, Penal Code.
HISTORY
1. New subsections (b)(10) and (c) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a), (b) and (c), and repealer of subsection (d) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§534. The Corrections Needs Assessment Study.
Note • History
(a) When a county is applying for funds of $300,000 or less, or for modification of an existing jail which does not result in the addition of any new beds, the county shall submit a Minor Corrections Needs Assessment Study, as described in section 536. All other counties shall submit a Major Corrections Needs Assessment Study as described in section 538.
(b) The Board may exempt a county from performing a new needs assessment if any of the following conditions exist:
(1) The Board determines that a prior needs assessment is in substantial compliance and justifies the project being funded.
(2) A county receives funds from the 1988 bond act in an amount of $300,000 or less.
If exempted from performing a needs assessment, counties shall provide an analysis of specific jail deficiencies, including levels of security; programs including, but not limited to, medical and mental health care; housing; and administration. This analysis shall also include specific plans for correcting the deficiencies.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4497.10 Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§536. Minor Corrections Needs Assessment Study.
Note • History
A Minor Corrections Needs Assessment Study shall consist of, but not be limited to, those requirements of Section 538, Major Corrections Needs Assessment Study, Subsections (a)(1), (b)(1), (b)(3), (b)(4), (b)(5), (b)(11), and (d).
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986. Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 6(d).
HISTORY
1. Amendment of subsection (c) and repealer of subsection (d) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§538. Major Corrections Needs Assessment Study.
Note • History
(a) A Major Corrections Needs Assessment Study shall consist of, but not be limited to, the following elements:
(1) Designation by the Board of Supervisors of an advisory committee consisting of a broad based representation of the local criminal justice system and the public. The representatives of county government shall include, but not be limited to, representatives of the detention administrator of local jails; the judiciary, prosecution, defense, county administration, public works (or equivalent), adult probation, city law enforcement; alcohol, substance abuse and mental health programs; a community jail alternative program, a designated, court-sanctioned pretrial release program, if any; and the public. An elected official, appointed public official, or criminal justice employee shall not serve in the category of public member(s). An existing committee may be augmented to meet the foregoing required membership composition or a new committee may be formed.
(2) Assignment of sufficient county staff to the advisory committee so that it can carry out its work in a timely and professional manner.
(3) Completion of a report as prescribed below.
(b) The advisory committee shall consider, at a minimum, the following topics and report on them to the Board of Supervisors.
(1) A history of jail needs and a description of current problems.
(2) The goals and objectives of the county correctional system and the specific purpose of jails within the county.
(3) The processing of inmates from arrest to final disposition. This shall include statistical analyses of intake and release mechanisms and of the time elapsed from intake to release. This analysis shall also profile inmates by demographics (age, sex, race, employment status), criminal history, adjudicatory status (pre-trial, pre-sentence, sentence) and indications of the use of the following classifications: inebriate, mentally disordered, developmentally disabled and juveniles.
(4) The ability of local jail facilities to provide separate housing for mentally disordered prisoners and persons detained because of intoxication which prevents mixing of these categories of prisoners with other adult prisoners.
(A) The existence of policies and procedures for screening, identifying and classifying inebriates and mentally disordered prisoners will be a documented part of the analysis. To the extent feasible, the analysis will include data related to numbers and characteristics of public inebriates and mentally disordered prisoners in detention facilities and changes, if any over time.
(B) Problems in the housing or treatment of these prisoner populations that would affect design of the facilities should be documented.
(C) The use of alternative housing for these categories of prisoners including a cost analysis should be part of the assessment work used to determine the extent to which the county can separate public inebriate and mentally disordered prisoners.
(D) A plan for developing policies and procedures, if needed, and securing space to meet identified housing deficiencies shall be developed.
(5) The degree to which the county has funded and utilized to the greatest extent feasible all reasonable alternatives to pre-trial and post-conviction incarceration including, but not limited to, programs of release on own recognizance, citation release, sentencing alternatives to custody, probation and civil commitment or diversion programs consistent with public safety for those with drug or alcohol related problems or mental or developmental disabilities. A county shall be deemed to be utilizing alternatives to the greatest extent feasible if it falls within the established measures listed under section 512 of these regulations.
(6) County population projections and projections of the incarcerated population based on 5 and 10-year projection periods. These projections should be analyzed to show the impact of potential changes in the use of alternatives to incarceration and of other policy changes. Also, the projections should be analyzed to ascertain possibilities of phased construction.
(7) The feasibility of regionalization or sharing use of the jail with other counties.
(8) Specific jail needs, including level(s) of security, program (including, but not limited to, medical and mental health care), housing and administrative space.
(9) Analysis of the existing jail to determine usability, remodeling potential, current compliance with the State's “Minimum Standards for Local Detention Facilities” and general jail maintenance as reflected in the annual inspection conducted pursuant to Health and Safety Code section 459.
(10) Analysis of potential site locations and the evaluation of available alternative jail facilities that are reasonably usable to address or relieve identified needs.
(11) Consideration of program needs, estimated operating costs for staffing, analysis of life cycle costs of the projected jail and projected operating costs of alternative-to-incarceration programs. All cost estimates will be considered preliminary and are expected to be refined at later stages of county planning and design.
(c) At a minimum, the information/data included in the needs assessment shall be current through calendar year 1986.
(d) The advisory committee shall submit its reports and recommendations to the Board of Supervisors for review, with appropriate action taken at a public meeting upon major policy options and upon completion of the Major Corrections Needs Assessment Study. The Chief Administrator may comment and make his/her recommendations independent from his/her role as an advisory committee member as deemed appropriate.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4497.10, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Repealer of subsection (e) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
5. Amendment of subsection (a) filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
Note • History
(a) The county board of supervisors shall prepare, or cause to be prepared, and adopt in a public hearing a master site plan for county detention facilities prior to the award of funds by the Board of Corrections. Siting of facilities in compliance with this plan is mandatory only for those projects funded pursuant to Penal Code sections 4475 through 4497.56. In developing the plan, the county shall document and consider the following:
(1) alternatives to additional detention facilities;
(2) specific concerns of incorporated cities and other community representatives;
(3) the location of existing federal, state and local adult and juvenile detention facilities/institutions in order to avoid over concentration of inmates in one geographic area of the county; and,
(4) siting and expansion of county detention facilities based on a 20-year period. These projections should analyze the number of inmates and security levels as well as geographic location.
(b) The Board may exempt a county from this requirement if the master site plan remains unchanged from that approved under the provision of the County Correctional Facility Capital Expenditure Bond Act of 1986.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06 and 4497.14, Penal Code.
HISTORY
1. New section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
3. Amendment of subsection (a) filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§540. Review and Modification of Applications. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code; and Section 3, Chapter 444, Statutes of 1984 as amended in Section 2, Chapter 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Renumbering and amendment of former Section 540 to Section 542, renumbering of former Section 546 to Section 540 and amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) The contract between the Board and a county shall consist of standard contract requirements of the State of California as well as sufficient technical, environmental, and detailed financial information to enable the Board to evaluate the proposed project. Such information shall include, but not be limited to, the following:
(1) A narrative description of the facility the county intends to construct. This description shall include costs for design and construction of the jail and a schedule for completion of design and construction.
(2) A brief statement as to who will be responsible for the legal, financial, institutional, and managerial resources available to insure the completed construction of the proposed jail.
(3) A financial plan which identifies the method for securing matching funds and the date these funds will be available, and cash flow projections for expenditure of state funds.
(b) After thorough review of the information and the recommendation and comment of the staff, the Board shall notify the county of any deficiencies in the contract elements.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 7. Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 7.
HISTORY
1. Renumbering and amendment of former Section 542 to Section 548 and renumbering and amendment of former Section 540 to Section 542 filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) Prior to entering into a contract with a county, the Board shall ensure that the county is ready to proceed with construction. A county shall be deemed ready to proceed with construction when it has done all of the following:
(1) Received construction bids from contractors.
(2) Received written comments from the Board regarding the preliminary staffing plan and operating cost analysis for the proposed facility.
(3) Filed an acceptable needs assessment study as prescribed in sections 534, 536 and 538 of these regulations.
(4) Certified that juveniles are not housed in adult facilities, unless otherwise authorized by law.
(5) Received certification from the Board that the county has met the measures established for the use of alternatives to incarceration as set forth in section 512 of these regulations, when required.
(6) Documented the existence of, or plans in the proposed funded project for, separate housing for persons detained or arrested because of intoxication and mentally disordered defendants or convicted prisoners.
(7) Received approval of the construction cost budget by the Board as described in section 549 of these regulations.
(8) Met the requirements of Title 24, part 1, chapter 13, section 13-101, California Code of Regulations.
(9) Submitted a written statement from the contact person designated by the county board of supervisors that products for construction, renovation, equipment and furnishings produced and sold by the Prison Industry Authority or local jail industry programs have been utilized in the county's plans and specifications for any project(s) funded under the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988, or either:
(A) the products cannot be produced and delivered without causing delay to the construction of the project; or,
(B) the products are not suitable for the facility or competitively priced and cannot otherwise be reasonably adapted.
(10) Submitted a written statement from the contact person designated by the county board of supervisors that the county has consulted with the staff of the Prison Industry Authority or local jail industry program to develop new products and adapt existing products to their needs.
(11) Filed with the Board a final notice of determination on its environmental impact report.
(12) Certified, by board of supervisors' resolution that the county has complied with the master site plan requirements of section 539 of these regulations.
(13) Filed with the Board a written certification, signed by county counsel, that the county owns, or has long-term possession of, the construction site.
(b) If the county fails to begin construction within six months after signing a contract with the Board of Corrections, the Board shall have the right to suspend or terminate the contract, after notice to the county, unless the county demonstrates to the satisfaction of the Board that unusual and unavoidable circumstances caused the delay.
(c) Construction or renovation work for any project funded from the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988 shall begin and a contract signed with the Board by September 30, 1993. If a county fails to meet this requirement, any allocation to that county under the Act shall be deemed void and shall revert to the Board for reallocation. The Board may waive this requirement if it determines there are unavoidable delays in the initiation of construction activities.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02, 4497.06, 4497.10, 4497.14, and 4497.50, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a), (b) and (c) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
5. Amendment of subsection (a) and of NOTE filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§546. Adherence to “Minimum Standards for Local Detention Facilities.”
Note • History
(a) A county receiving County Correctional Facility Capital Expenditure and Youth Facility Funds under this program shall, for the jail or portion thereof funded under regulations, comply with or exceed the state's “Minimum Standards for Local Detention Facilities” as set forth by the Board under Title 24, sections 13-102 and 2-1012 of the California Code of Regulations.
(b) When a county intends to use the existing jail for detaining public inebriates and mentally disordered prisoners, it must demonstrate that existing facilities provide for separate housing for those persons as required in Penal Code section 4497.10. The county must also demonstrate that existing detention facilities are in compliance with the “Minimum Standards for Local Detention Facilities” as listed below, as they relate to the public inebriate and mentally disordered inmate population, or submit a plan for such compliance.
1020. Jail Operations Training
1023. Jail Management Supplemental Training
1029. Policy and Procedures Manual
1050. Classification Plan
1052. Mentally Disordered Inmates
1055. Use of Safety Cell
1056. Use of Detoxification Cell
1058. Use of Restraint Devices
1070. Individual/Family Service Programs
Article 10. Medical/Mental Health Services (sections 1200-1230, inclusive)
1240. Frequency of Serving.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Renumbering and amendment of former Section 546 to Section 540, renumbering of former Section 550 to Section 546 and amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsections (a) and (b) filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§548. Preparation of Architectural Drawings and Specifications.
Note • History
(a) Architectural drawings and specifications shall be submitted to the Board of Corrections, pursuant to provisions of Penal Code section 4497.10, for review and approval.
(b) After review of the drawings and specifications, the Board shall notify the county, in writing, of any major deficiencies. Deficiencies may be identified as either failures to comply with minimum jail standards, or as design features which will pose serious operational or management problems if uncorrected even though no minimum jail standards are violated.
(c) Deficiencies in compliance with minimum jail standards shall be corrected by the county prior to advertising for bids.
(d) At least 30 days prior to entering into a contract with the county, the Board shall inform the sheriff and the board of supervisors in writing of other design deficiencies posing serious operational or management problems.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.06 and 4497.10, Penal Code.
HISTORY
1. Renumbering and amendment of former section 548 to section 550 and renumbering and amendment of former section 542 to section 548 filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment of subsection (a) and of NOTE and relocation of former subsection (e) to section 548.1 filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§548.1. Staffing Plan/Operating Cost Analysis.
Note • History
At the time the county submits its final architectural plans and specifications for review and approval, it shall also submit a preliminary staffing plan, along with an analysis of other anticipated operative costs, for the facility. This staffing plan and operating cost analysis, along with written comments from the detention administrator for local jails, pursuant to his/her review, must have been reviewed and approved by the board of supervisors in a public hearing. At a minimum, this plan shall include the following:
(a) Transition team program statement and costs.
(b) Staffing requirements under the proposed design capacity.
(c) Shift and post identification of staff for the proposed facility, delineated by custody and support staff.
(d) Analysis of 30-year lifecycle operating costs and maintenance and energy costs for the proposed facility.
(e) Identification of, and revenue sources for, additional funds needed to support the staffing levels and operating costs for the proposed facility.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.06 and 4497.10, Penal Code.
HISTORY
1. Relocation of former subsection (e) of section 548 to new section 548.1, and amendment filed 3-1-91; operative 4-1-91 (Register 91, No. 14).
§549. Construction Cost Norms.
Note • History
Prior to entering into a contract with a county, the Board shall determine whether a county project complies with construction cost norms developed by the Board. This determination will be based on the range of the costs associated with recently constructed facilities in California.
(a) County shall submit space allocations and related cost data to the Board for review, in a format prescribed by the Board, at the following stages of the project.
(1) Schematic design.
(2) Design development.
(3) Construction documents.
(4) After receipt of bids and prior to contracting with the Board. Revised data shall be submitted to the Board within 90 days of the date a contract is signed with the construction firm for the actual approved project, including any alternates.
(b) At a minimum, the Board will review the facilities by:
(1) Gross square footage.
(2) Functional use areas.
(3) Number of stories.
(4) Location.
(5) Capacity.
(c) The Board shall compile and review the submitted data to determine the cost ranges associated with the proposed facility based on the following:
(1) Functional use areas.
(2) Gross square footages.
(3) Design capacity.
(d) Construction cost indexes relating to labor and location will be applied and a range of cost norms for recently constructed facilities will be determined for the categories in (c) above.
(e) The construction cost norms shall be periodically updated to reflect changes in construction costs in California.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 7(b). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 7(b).
HISTORY
1. New section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§550. Construction of Jails. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Renumbering of former Section 550 to Section 546 and renumbering and amendment of former Section 548 to Section 550 filed 9-29-83; effective thirtieth day thereafter (Register 83, o. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) The Board may grant a variance from any Board requirement contained herein for good and sufficient reason. Such a variance may be granted by the Board only upon the written application therefore and documentation thereof. The request for a variance shall contain the following:
(1) Name and address of requestor.
(2) The specific requirement for which a variance is being requested.
(3) The supporting reasons for a variance request.
(b) A copy of the variance request shall be sent to the Board by the requestor. The staff shall summarize the issues involved and cause the matter to be placed on a Board meeting agenda in an expeditious manner. The requestor will be given an opportunity to be heard by the Board for the purpose of presenting oral argument in support of its request for a variance.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Article 4. Administration of Funds and Project Monitoring
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
Upon approval of the county's project proposal by the Board and execution of the state contract, funds will be disbursed in accordance with a schedule established by the Board.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) Requests for fund payments shall include such supporting documentation as may be required by the Board and, in the event of deficiencies in the request, the county shall be notified by the Board of the deficiencies.
(b) Fund payments shall be processed by the Board subject to the following conditions:
(1) Fund payments shall be made no more often than once every 30 days during the construction of the facility.
(2) No payments will be made until the county has complied with all applicable state requirements.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment filed 9-28-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) All funds received by the county shall be deposited into separate fund accounts which identify the funds and clearly show the manner of their disposition.
(b) Accounting for funds shall be in accordance with generally accepted accounting principles and practices and supporting records must be maintained by the county in sufficient detail to demonstrate that the funds were used for the purpose for which the award was made and in accordance with the provisions of the state contract.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§562. Annual Financial Statement. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 629.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
§564. Final Financial Statement.
Note • History
Each county shall render an acceptable final account not later than 90 days following completion of the project or within such additional time as may be allowed by the Board.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
The Board shall regularly monitor the administration of the County Correctional Facility Capital Expenditure and Youth Facility Funds within a recipient county to assess compliance and determine that the project is operating in accordance with the approved application, these regulations, and the law.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Note • History
The county shall agree to proceed expeditiously with, and complete, the project in accordance with the state contract, plans and specifications approved by the Board. If a county is not proceeding expeditiously with the project as agreed to in the contract the Board shall give written notice of failure to comply with terms of the contract and may terminate the contract.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. New section filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87 No. 42).
Note • History
(a) Project modifications which are proposed after a contract is signed which (1) substantially alter the design or scope of the project, (2) substantially alter the design, location, size, capacity, or quality of major items of equipment, or (3) increase the amount of state funds needed to complete the project, require prior written approval of the Board.
(b) Construction change orders which propose a substantial increase in jail capacity or a substantial change in project concept or cost require prior written approval of the Board. Other change orders will not require prior approval. Summaries of all change orders shall be submitted to the Board monthly in a format approved by the Board.
(c) Neither contract approval nor award of funds, nor action of the staff with respect to project changes, including approval or disapproval thereof, shall commit or obligate the Board to any increase in the amount of the state funds, except as expressly provided in writing by the Board.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of subsection (c) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Note • History
(a) The state reserves the right to audit the accounting records of participating counties relating to the administration of County Correctional Facility Capital and Expenditure Youth Facility Funds. The audits may be preaward, interim or final. For audit purposes, the county shall agree to provide access to the facility, premises and records related to any project funded from the County Correctional Facility Capital Expenditure and Youth Facility Fund. This access shall extend to the grantee's contractors, including personal services contracts. A county shall provide reasonable assurances of having a systematic method to assure timely and appropriate resolution of audit findings and recommendations.
(b) Any improper expenditures of state funds disclosed in such audits will be recovered by the state through withholding future payments and/or repayment by the county at the discretion of the Board.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Note • History
(a) In no case shall a county receive funds in excess of 100 percent of actual construction costs incurred in the implementation of the construction plan.
(b) Any funds determined to have been inappropriately or erroneously spent, including those resulting from non-compliance, as well as overpayments resulting from county plan modifications or other causes shall, upon written notification, be repaid to the state. Such repayment may be by county warrant and/or may be withheld from subsequent payment(s) at the discretion of the Board.
(c) Any funds not expended by a county pursuant to the approved application and/or construction plan shall revert to the state. This repayment may be made by:
(1) County warrant payable to the state within 30 calendar days of the date of notification; or through a negotiated repayment and interest schedule; or
(2) Deduction by the Board of the amount to be repaid by the county from the next progress payment(s) by the state; or
(3) A combination of (1) and (2) above.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of subsection (b) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§574. County Withdrawal from Program. [Repealed]
Note • History
NOTE
Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Repealer filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
Article 5. Appeal Procedures
Note • History
The appeal hearing procedures are intended to provide a review concerning the application and enforcement of standards and regulations governing the administration of the County Correctional Facility Capital Expenditure and Youth Facility Fund. A county may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.
NOTE
Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference: Sections 4497.02 and 4497.06, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
4. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Note • History
For purpose of this article, the following definitions shall apply:
(a) “Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for a formal decision concerning matters raised pursuant to the purposes set forth in Section 576 of these regulations.
(b) “Appellant” means a county which files a request for an appeal hearing.
(c) “Executive Officer” means the Executive Officer of the Board of Corrections.
(d) “Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken and a request for a hearing on the matter and filed with the Executive Officer of the Board.
(e) “Filing date” means the date a request for an appeal hearing is received by the Executive Officer of the Board.
(f) “Authorized representative” means an individual authorized by the appellant to act as his/her representative in any or all aspects of the hearing.
(g) “Hearing panel” means a panel comprised of three members of the Board who shall be selected by the chairperson at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not be employed by or be residents of the county submitting the appeal nor shall they be employed by any other county that has a funded project or is seeking funds.
(h) “Proposed decision” means a written recommendation from the hearing panel/hearing officer to the full Board containing a summary of facts and a recommended decision on the appeal.
(i) “Notice of decision” means a written statement by the Executive Officer or the Board which contains the formal decision of the Executive Officer or the Board and the reason for that decision.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of subsection (g) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§580. Levels of Appeal. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§582. Appeal to the Executive Officer. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§584. Executive Officer Appeal Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§586. Executive Officer's Decision. [Repealed]
Note • History
NOTE
Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 444, 500 and 1133, Statutes of 1984. Reference: Section 6029.1, Penal Code.
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§588. Request for Appeal Hearing by Board.
Note • History
(a) If a county is dissatisfied with an action of the Board staff, it may file a request for an appeal hearing with the Board. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county is dissatisfied.
(b) The request shall be in writing and:
(1) Shall state the basis for the dissatisfaction.
(2) Shall state the action being requested of the Board.
(3) Shall include as attachments any correspondence related to the appeal with and from the Executive Officer.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§590. Board Hearing Procedures.
Note • History
(a) The hearing shall be conducted by a hearing panel designated by the Chairperson of the Board at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(b) The procedural time requirements may be waived with mutual written consent of the parties involved.
(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(d) An appellant may waive a personal hearing before the hearing panel and under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.
(e) The hearing is not formal in nature. Pertinent and relevant information, whether written or oral, will be accepted. Hearings will be tape recorded.
(f) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Board at its next regular public meeting.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
§592. State Board of Corrections' Decision.
Note • History
(a) The Board, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Decide the matter on the record with or without taking additional evidence, or,
(3) Order a further hearing to be conducted if additional information is needed to decide the issue.
(b) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Board, or notice of new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the Board to the appellant.
(c) The record of the testimony, exhibits, all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case.
(d) The decision of the Board shall be final.
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).
HISTORY
1. Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).
2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).
3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
Article 6. Funding Requirements for Juvenile Facilities
Note • History
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c).
HISTORY
1. New section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2. Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§596. Eligibility Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c).
HISTORY
1. New section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2. Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
§598. Recommendations of the Juvenile Justice Commission. [Repealed]
Note • History
NOTE
Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Section 9(c).
HISTORY
1. New section filed 9-28-87; operative 9-28-87 (Register 87, No. 42).
2. Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code section 11346.2(d) (Register 90, No. 39).
Subchapter 3. County Justice System Subvention Program Appeal Procedure
Note • History
The purpose of this appeal procedure is to provide a means by which a county may request review of a finding by the director of the Youth Authority that an actual or potential violation of the provisions of the County Justice System Subvention Program (Division 2.5, Chapter 1, Article 7, Welfare and Institutions Code) has occurred.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
HISTORY
1. New Subchapter 3 (Sections 900-902) filed 7-18-79; effective thirtieth day thereafter (Register 79, No. 29).
Note
The following definitions shall apply:
(a) Appeal hearing means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal to the Board of Corrections for a formal decision concerning matters raised pursuant to the purposes set forth in Section 900 of these regulations. Such a hearing may be conducted using oral or written testimony as specified by the Board of Corrections.
(b) Appellant means the Board of Supervisors or designated representative thereof of a county which has been found in actual or potential violation of the provisions of Division 2.5, Chapter 1, Article 7, Welfare and Institutions Code, and wishes to appeal the decision of the director of the Youth Authority.
(c) Hearing Panel. The appeal hearing panel shall consist of three members of the Board of Corrections, excluding the director of the Youth Authority, who shall be selected by the chairman at the time a notice of appeal is filed. A fourth member may be designated to act as an alternate. Members designated to the hearing panel shall not be employed by or citizens of the county submitting the appeal.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
§902. Appeal Hearing Procedure.
Note
(a) An opportunity for appeal to the Board of Corrections under Section 900 of these regulations is available to any potential appellant provided the potential appellant has exhausted the appeal hearing procedure of the Youth Authority as described in Title 15, California Administrative Code, Section 4200 et seq.
(b) The request for appeal hearing to the Board of Corrections shall be filed within 30 days after a county has received a notice of decision from the director of the Youth Authority pursuant to 15 Cal. Adm. Code 4202. The date of the action on which the request for appeal hearing is based shall be the date on which the notice of decision was received by the appellant.
(c) The request for appeal hearing shall be in writing, and:
(1) state the basis for the appeal;
(2) state the action being requested from the Board; and,
(3) attach copies of correspondence with and from the Youth Authority concerning the violation. A copy of the request for appeal hearing shall be provided to the director of the Youth Authority
(d) A request for appeal hearing shall not be dismissed without hearing unless the appellant either withdraws or abandons the request. A withdrawal occurs when the Board is notified by the appellant that the appellant no longer wishes a hearing. The appellant may withdraw a request for hearing at any time before a decision is made by the Board. An abandonment occurs when the appellant fails to appear at the hearing without good cause or fails to provide within 10 days written information requested by the Board.
(e) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(f) The hearing shall be conducted at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the Youth Authority and the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(g) The procedural time requirements may be waived with mutual consent of the parties involved.
(h) Pertinent and relevant information, whether written or oral, will be accepted from the appellant and from the Department of the Youth Authority.
(i) After the hearing has been completed, the hearing panel shall submit a proposed decision to the Board of Corrections at its next regular public meeting.
(j) An appellant may waive a personal hearing before the Board of Corrections, and under such circumstances, the Board shall consider the written information submitted by the appellant, the hearing panel, and other relevant information as may be deemed appropriate.
(k) The Board of Corrections, after receiving the proposed decision, may:
(1) adopt the proposed decision;
(2) decide the matter on the record with or without taking additional evidence; or,
(3) order a further hearing to be conducted if additional information is needed to decide the issue.
(l ) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Board, or notice of new hearing ordered, notice of such action shall be mailed or otherwise delivered by the Board to the appellant and to the Department of the Youth Authority.
(m) The record of the testimony and exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant and to the Department of the Youth Authority at any reasonable time for one year after the date of the Board's notice of decision in the case.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
Subchapter 4. Minimum Standards for Local Detention Facilities
Article 1. General Instructions
§1000. Statutory Authority. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
HISTORY
1. Repealer and new Subchapter 4 (Articles 1 through 8 and 10 through 18) filed 4-16-73; effective thirtieth day thereafter (Register 73, No. 16).
2. Repealer of Subchapter 4 (Sections 1000-1220, not consecutive) and new Subchapter 4 (Sections 1000-1282, not consecutive) filed 11-7-79; designated effective 1-1-80 (Register 79, No. 45). For prior history, see Registers 79, No. 20; 76, No. 10; 76, No. 1; 73, No. 35; and 73, No. 25.
3. Amendment redesignating effective date of 11-7-79 order filed 12-18-79 as an emergency; designated effective 4-1-80. Certificate of Compliance included (Register 79, No. 51). Approved by State Building Standards Commission 11-16-79.
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§1001. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
If any article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the State Corrections Standards Authority, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of these regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1005. Other Standards and Requirements.
Note • History
Nothing contained in the standards and requirements hereby fixed shall be construed to prohibit a city, county, or city and county agency operating a local detention facility from adopting standards and requirements governing its own employees and facilities; provided, such standards and requirements meet or exceed and do not conflict with these standards and requirements. Nor shall these regulations be construed as authority to violate any state fire safety standard, building standard, or health and safety code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The following definitions shall apply:
“Administering Medication,” as it relates to managing legally obtained drugs, means the act by which a single dose of medication is given to a patient. The single dose of medication may be taken either from stock (undispensed), or dispensed supplies.
“Administrative segregation” means the physical separation of different types of inmates from each other as specified in Penal Code Sections 4001 and 4002, and Section 1053 of these regulations. Administrative segregation is accomplished to provide that level of control and security necessary for good management and the protection of staff and inmates.
“Alternate means of compliance” means a process for meeting or exceeding standards in an innovative way, after a pilot project evaluation, approved by the Board pursuant to an application.
“Average daily population” means the average number of inmates housed daily during the last fiscal year.
“Board” means the Board of State and Community Corrections, whose board acts by and through its executive director, deputy directors, and field representatives.
“Clinical evaluation” means an assessment of a person's physical and/or mental health condition conducted by licensed health personnel operating within recognized scope of practice specific to their profession and authorized by a supervising physician or psychiatrist.
“Concept drawings” means, with respect to a design-build project, any drawings or architectural renderings that may be prepared, in addition to performance criteria, in such detail as the agency determines necessary to sufficiently describe the agency's needs.
“Contact” means any physical or sustained sight or sound contact between juveniles in detention and incarcerated adults. Sight contact is clear visual contact between adult inmates and juveniles within close proximity to each other. Sound contact is direct oral communication between adult inmates and juvenile offenders.
“Court Holding facility” means a local detention facility constructed within a court building after January 1, 1978, used for the confinement of persons solely for the purpose of a court appearance for a period not to exceed 12 hours.
“Custodial personnel” means those officers with the rank of deputy, correctional officer, patrol persons, or other equivalent sworn or civilian rank whose duties include the supervision of inmates.
“Delivering Medication,” as it relates to managing legally obtained drugs, means the act of providing one or more doses of a prescribed and dispensed medication to a patient.
“Design-bid-build” means a construction procurement process independent of the design process and in which the construction of a project is procured based on completed construction documents.
“Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity.
“Developmentally disabled” means those persons who have a disability which originates before an individual attains age 18, continues, or can be expected to continue indefinitely, and constitutes a substantial disability for that individual. This term includes mental retardation, cerebral palsy, epilepsy, and autism, as well as disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals.
“Direct visual observation” means direct personal view of the inmate in the context of his/her surroundings without the aid of audio/video equipment. Audio/video monitoring may supplement but not substitute for direct visual observation.
“Disciplinary isolation” means that punishment status assigned an inmate as the result of violating facility rules and which consists of confinement in a cell or housing unit separate from regular jail inmates.
“Dispensing,” as it relates to managing legally obtained drugs, means the interpretation of the prescription order, the preparation, repackaging, and labeling of the drug based upon a prescription from a physician, dentist, or other prescriber authorized by law.
“Disposal,” as it relates to managing legally obtained drugs, means the destruction of medication or its return to the manufacturer or supplier.
“Emergency” means any significant disruption of normal facility procedure, policies, or activities caused by a riot, fire, earthquake, attack, strike, or other emergent condition.
“Emergency medical situations” means those situations where immediate services are required for the alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable medical conditions are required, if such conditions would lead to serious disability or death if not immediately diagnosed and treated.
“Exercise” means physical exertion of large muscle groups.
“Facility/system administrator” means the sheriff, chief of police, chief probation officer, or other official charged by law with the administration of a local detention facility/system.
“Facility manager” means the jail commander, camp superintendent, or other comparable employee who has been delegated the responsibility for operating a local detention facility by a facility administrator.
“Facility watch commander” means the individual designated by the facility manager to make operational decisions during his/her tour of duty.
“Health authority” means that individual or agency that is designated with responsibility for health care policy pursuant to a written agreement, contract or job description. The health authority may be a physician, an individual or a health agency. In those instances where medical and mental health services are provided by separate entities, decisions regarding mental health services shall be made in cooperation with the mental health director. When this authority is other than a physician, final clinical decisions rest with a single designated responsible physician.
“Health care” means medical, mental health and dental services.
“Jail,” as used in Article 8, means a Type II or III facility as defined in the “Minimum Standards for Local Detention Facilities.”
“Labeling,” as it relates to managing legally obtained drugs, means the act of preparing and affixing an appropriate label to a medication container.
“Law enforcement facility” means a building that contains a Type I Jail, Temporary Holding Facility, or Lockup. It does not include a Type II or III jail, which has the purpose of detaining adults, charged with criminal law violations while awaiting trial or sentenced adult criminal offenders.
“Legend drugs” are any drugs defined as “dangerous drugs” under Chapter 9, Division 2, Section 4211 of the California Business and Professions Code. These drugs bear the legend, “Caution Federal Law Prohibits Dispensing Without a Prescription.” The Food and Drug Administration (FDA) has determined because of toxicity or other potentially harmful effects, that these drugs are not safe for use except under the supervision of a health care practitioner licensed by law to prescribe legend drugs.
“Living areas” means those areas of a facility utilized for the day-to-day housing and activities of inmates. These areas do not include special use cells such as sobering, safety, and holding or staging cells normally located in receiving areas.
“Local detention facility” means any city, county, city and county, or regional jail, camp, court holding facility, or other correctional facility, whether publicly or privately operated, used for confinement of adults or of both adults and minors, but does not include that portion of a facility for confinement of both adults and minors which is devoted only to the confinement of minors.
“Local detention system” means all of the local detention facilities that are under the jurisdiction of a city, county or combination thereof whether publicly or privately operated. Nothing in the standards are to be construed as creating enabling language to broaden or restrict privatization of local detention facilities beyond that which is contained in statute.
“Local Health Officer” means that licensed physician who is appointed pursuant to Health and Safety Code Section 101000 to carry out duly authorized orders and statutes related to public health within their jurisdiction.
“Lockup” means a locked room or secure enclosure under the control of a peace officer or custodial officer that is primarily used for the temporary confinement of adults who have recently been arrested; sentenced prisoners who are inmate workers may reside in the facility to carry out appropriate work.
“May” is permissive; “shall” is mandatory.
“Mental Health Director,” means that individual who is designated by contract, written agreement or job description, to have administrative responsibility for the facility or system mental health program.
“Non-secure custody” means that a minor's freedom of movement in a law enforcement facility is controlled by the staff of the facility; and
(1) the minor is under constant direct visual observation by the staff;
(2) the minor is not locked in a room or enclosure; and,
(3) the minor is not physically secured to a cuffing rail or other stationary object.
“Non-sentenced inmate,” means an inmate with any pending local charges or one who is being held solely for charges pending in another jurisdiction.
“Over-the-counter (OTC) Drugs,” as it relates to managing legally obtained drugs, are medications which do not require a prescription (non-legend).
“People with disabilities” includes, but is not limited to, persons with a physical or mental impairment that substantially limits one or more of their major life activities or those persons with a record of such impairment or perceived impairment that does not include substance use disorders resulting from current illegal use of a controlled substance.
“Performance criteria” means, with respect to a design-build project, the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements and quality of design, materials, equipment and workmanship; and any other information deemed necessary to sufficiently describe the agency's needs; including documents prepared pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code.
“Pilot Project” means an initial short-term method to test or apply an innovation or concept related to the operation, management or design of a local detention facility pursuant to application to, and approval by, the Board.
“Procurement,” as it relates to managing legally obtained drugs, means the system for ordering and obtaining medications for facility stock.
“Psychotropic medication” means any medication prescribed for the treatment of symptoms of psychoses and other mental and emotional disorders.
“Rated capacity” means the number of inmate occupants for which a facility's single and double occupancy cells or dormitories, except those dedicated for health care or disciplinary isolation housing, were planned and designed in conformity to the standards and requirements contained in Title 15 and in Title 24.
“Regional Center for Developmentally Disabled” means those private agencies throughout the state, funded through the Department of Developmental Services, which assure provision of services to persons with developmental disabilities. Such centers will be referred to as regional centers in these regulations.
“Remodel” means to alter the facility structure by adding, deleting, or moving any of the buildings' components thereby affecting any of the spaces specified in Title 24, Part 2, Section 1231.
“Repackaging,” as it relates to managing legally obtained drugs, means the transferring of medications from the original manufacturers' container to another properly labeled container.
“Repair” means to restore to original condition or replace with like-in-kind.
“Safety checks” means direct, visual observation performed at random intervals within timeframes prescribed in these regulations to provide for the health and welfare of inmates.
“Secure custody” means that a minor being held in temporary custody in a law enforcement facility is locked in a room or enclosure and/or is physically secured to a cuffing rail or other stationary object.
“Security glazing” means a glass/polycarbonate composite glazing material designed for use in detention facility doors and windows and intended to withstand measurable, complex loads from deliberate and sustained attacks in a detention environment.
“Sentenced inmate,” means an inmate that is sentenced on all local charges.
“Shall” is mandatory; “may” is permissive.
“Sobering cell” as referenced in Section 1056, refers to an initial “sobering up” place for arrestees who are sufficiently intoxicated from any substance to require a protected environment to prevent injury by falling or victimization by other inmates.
“Storage,” as it relates to legally obtained drugs, means the controlled physical environment used for the safekeeping and accounting of medications.
“Supervision in a law enforcement facility” means that a minor is being directly observed by the responsible individual in the facility to the extent that immediate intervention or other required action is possible.
“Supervisory custodial personnel” means those staff members whose duties include direct supervision of custodial personnel.
“Temporary custody” means that the minor is not at liberty to leave the law enforcement facility.
“Temporary Holding facility” means a local detention facility constructed after January 1, 1978, used for the confinement of persons for 24 hours or less pending release, transfer to another facility, or appearance in court.
“Type I facility” means a local detention facility used for the detention of persons for not more than 96 hours excluding holidays after booking. Such a Type I facility may also detain persons on court order either for their own safekeeping or sentenced to a city jail as an inmate worker, and may house inmate workers sentenced to the county jail provided such placement in the facility is made on a voluntary basis on the part of the inmate. As used in this section, an inmate worker is defined as a person assigned to perform designated tasks outside of his/her cell or dormitory, pursuant to the written policy of the facility, for a minimum of four hours each day on a five day scheduled work week.
“Type II facility” means a local detention facility used for the detention of persons pending arraignment, during trial, and upon a sentence of commitment.
“Type III facility” means a local detention facility used only for the detention of convicted and sentenced persons.
“Type IV facility” means a local detention facility or portion thereof designated for the housing of inmates eligible under Penal Code Section 1208 for work/education furlough and/or other programs involving inmate access into the community.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect (Register 88, No. 17).
4. Relettering of former subsections (u)-(hh) to subsections (v)-(ii), and new subsection (u) filed 6-2-88 as an emergency; operative 6-3-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-3-88.
5. Change without regulatory effect of subsection (t) filed 7-21-88; operative 7-21-88 (Register 88, No. 30).
6. Certificate of Compliance as to 6-2-88 order filed 9-7-88 (Register 88, No. 39).
7. Change without regulatory effect of subsection (z) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
8. New subsection (y) and (cc) and relettering existing subsections (y) through (ii) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
9. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
10. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
11. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
12. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
13. New definitions of “Exercise” and “Security glazing” and amendment of definitions of “Health authority,” “Inmate worker,” “Jail,” “Lockup” and “Rated capacity” filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
14. Amendment of definitions of “Alternative means of compliance” and “Contact,” redesignation of “Board of Corrections” as “Corrections Standards Authority,” repealer of definition of “Inmate worker” and amendment of definitions of “Law enforcement facility” and “Pilot project” filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
15. Change without regulatory effect amending definition of “Remodel” filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
16. Amendment of definitions of “Alternate means of compliance,” “Custodial personnel,” “Pilot Project,” “Safety checks” and “Secure custody,” new definitions of “Board,” “Clinical evaluation,” “Concept drawings,” “Design-bid-build,” “Design-build,” “Facility watch commander,” “May” and ”Performance criteria,” repealer of definitions of “Corrections Standards Authority,” “Licensed health personnel” and “Managerial custodial personnel” and amendment of Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The pilot project is the short-term method used by a local detention facility/system, approved by the Board, to evaluate innovative programs, operations or concepts which meet or exceed the intent of these regulations.
The Board may, upon application of a city, county or city and county, grant pilot project status to a program, operational innovation or new concept related to the operation and management of a local detention facility. An application for a pilot project shall include, at a minimum, the following information:
(a) The regulations which the pilot project will affect.
(b) Review of case law, including any lawsuits brought against the applicant local detention facility, pertinent to the proposal.
(c) The applicant's history of compliance or non-compliance with standards.
(d) A summary of the “totality of conditions” in the facility or facilities, including but not limited to;
(1) program activities, exercise and recreation;
(2) adequacy of supervision;
(3) types of inmates affected; and,
(4) inmate classification procedures.
(e) A statement of the goals the pilot project is intended to achieve, the reasons a pilot project is necessary and why the particular approach was selected.
(f) The projected costs of the pilot project and projected cost savings to the city, county, or city and county, if any.
(g) A plan for developing and implementing the pilot project including a time line where appropriate.
(h) A statement of how the overall goal of providing safety to staff and inmates will be achieved.
The Board shall consider applications for pilot projects based on the relevance and appropriateness of the proposed project, the completeness of the information provided in the application, and staff recommendations.
Within 10 working days of receipt of the application, Board staff will notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Board members from requesting additional information necessary to make a determination that the pilot project proposed actually meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application will be placed on the agenda for the Board's consideration at a regularly scheduled meeting. The written notification from the Board to the applicant shall also include the date, time and location of the meeting at which the application will be considered. (The Board meeting schedule for the current calendar year is available through its office in Sacramento.)
When an application for a pilot project is approved by the Board, Board staff shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for the pilot project. Regular progress reports and evaluative data on the success of the pilot project in meeting its goals shall be provided to the Board. If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.
Pilot project status granted by the Board shall not exceed twelve months after its approval date. When deemed to be in the best interest of the application, the Board may extend the expiration date for up to an additional twelve months. Once a city, county, or city and county successfully completes the pilot project evaluation period and desires to continue with the program, it may apply for an alternate means of compliance as described in Section 1008 of these regulations.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6029, Penal Code.
HISTORY
1. New section filed 8-4-94; operative 9-5-94 (Register 94, No. 31). For prior history, see Register 85, No. 26.
2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
3. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1008. Alternate Means of Compliance.
Note • History
The alternate means of compliance is the long-term method used by a local detention facility/system, approved by the Board, to encourage responsible innovation and creativity in the operation of California's local detention facilities. The Board may, upon application of a city, county, or city and county, consider alternate means of compliance with these regulations after the pilot project process has been successfully evaluated (as defined in Section 1007). The city, county, or city and county must present the completed application to the Board no later than 30 days prior to the expiration of its pilot project.
Applications for alternate means of compliance must meet the spirit and intent of improving jail management, shall be equal to or exceed the existing standard(s) and shall include reporting and evaluation components. An application for alternate means of compliance shall include, at a minimum, the following information:
(a) Review of case law, including any lawsuits brought against the applicant local detention facility, pertinent to the proposal.
(b) The applicant's history of compliance or non-compliance with standards.
(c) A summary of the “totality of conditions” in the facility or facilities, including but not limited to:
(1) program activities, exercise and recreation;
(2) adequacy of supervision;
(3) types of inmates affected; and,
(4) inmate classification procedures.
(d) A statement of the problem the alternate means of compliance is intended to solve, how the alternative will contribute to a solution of the problem and why it is considered an effective solution.
(e) The projected costs of the alternative and projected cost savings to the city, county, or city and county if any.
(f) A plan for developing and implementing the alternative including a time line where appropriate.
(g) A statement of how the overall goal of providing safety to staff and inmates was achieved during the pilot project evaluation phase (Section 1007).
The Board shall consider applications for alternate means of compliance based on the relevance and appropriateness of the proposed alternative, the completeness of the information provided in the application, the experiences of the jurisdiction during the pilot project, and staff recommendations.
Within 10 working days of receipt of the application, Board staff will notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Board from requesting additional information necessary to make a determination that the alternate means of compliance proposed meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application will be placed on the agenda for the Board's consideration at a regularly scheduled meeting. The written notification from the Board to the applicant shall also include the date, time and location of the meeting at which the application will be considered. (The Board meeting schedule for the current calendar year is available through its office in Sacramento.)
When an application for an alternate means of compliance is approved by the Board, Board staff shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for which the alternate means of compliance shall be permitted. The Board may require regular progress reports and evaluative data as to the success of the alternate means of compliance. If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.
The Board may revise the minimum jail standards during the next biennial review (reference Penal Code Section 6030) based on data and information obtained during the alternate means of compliance process. If, however, the alternate means of compliance does not have universal application, a city, county, or city and county may continue to operate under this status as long as they meet the terms of this regulation.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
2. Amendment of fourth paragraph of subsection (g) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Article 2. Inspection and Application of Standards
§1010. Applicability of Standards.
Note • History
(a) All standards and requirements contained herein shall apply to Types I, II, III and IV facilities except as specifically noted in these regulations.
(b) Court holding facilities shall comply with the following regulations:
(1) 1012, Emergency Suspensions of Standards or Requirements
(2) 1018, Appeal
(3) 1024, Court Holding and Temporary Holding Facility Training
(4) 1027, Number of Personnel
(5) 1028, Fire and Life Safety Staff
(6) 1029, Policy and Procedures Manual
(7) 1032, Fire Suppression Preplanning
(8) 1044, Incident Reports
(9) 1046, Death in Custody
(10) 1050, Classification Plan
(11) 1051, Communicable Diseases
(12) 1052, Mentally Disordered Inmates
(13) 1053, Administrative Segregation
(14) 1057, Developmentally Disabled Inmates
(15) 1058, Use of Restraint Devices
(16) 1068, Access to Courts and Counsel
(17) Title 24, Section 13-102(c)1, Letter of Intent
(18) Title 24, Section 13-102(c)3, Operational Program Statement
(19) Title 24, Section 13-102(c)5, Submittal of Plans and Specifications
(20) Title 24, Section 13-102(c)6C, Design Requirements
(21) Title 24, Part 2, Section 1231.2, Design Criteria for Required Spaces
(22) Title 24, Part 2, Section 1231.3, Design Criteria for Furnishings and Equipment
(23) 1200, Responsibility for Health Care Services
(24) 1219, Suicide Prevention Program
(25) 1220, First Aid Kit(s)
(26) 1246, Food Serving and Supervision
(27) 1280, Facility Sanitation, Safety, Maintenance
(c) In addition to the regulations cited above, court holding facilities that hold minors shall also comply with the following regulations:
(1) 1047, Serious Illness of a Minor in an Adult Detention Facility
(2) 1160, Purpose
(3) 1161, Conditions of Detention
(4) 1162, Supervision of Minors
(5) 1163, Classification
(d) Temporary holding facilities shall comply with the following regulations:
(1) 1012, Emergency Suspensions of Standards or Requirements
(2) 1018, Appeal
(3) 1024, Court Holding and Temporary Holding Facility Training
(4) 1027, Number of Personnel
(5) 1028, Fire and Life Safety Staff
(6) 1029, Policy and Procedures Manual
(7) 1032, Fire Suppression Preplanning
(8) 1044, Incident Reports
(9) 1046, Death in Custody
(10) 1050, Classification Plan
(11) 1051, Communicable Diseases
(12) 1052, Mentally Disordered Inmates
(13) 1053, Administrative Segregation
(14) 1057, Developmentally Disabled Inmates
(15) 1058, Use of Restraint Devices
(16) 1067, Access to Telephone
(17) 1068, Access to Courts and Counsel
(18) Title 24, Section 13-102(c)1, Letter of Intent
(19) Title 24, Section 13-102(c)3, Operational Program Statement
(20) Title 24, Section 13-102(c)5, Submittal of Plans and Specifications
(21) Title 24, Section 13-102(c)6C, Design Requirements
(22) Title 24, Part 2, Section 1231.2, Design Criteria for Required Spaces
(23) Title 24, Part 2 Section 1231.3, Design Criteria for Furnishings and Equipment
(24) 1200, Responsibility for Health Care Services
(25) 1207, Medical Receiving Screening
(26) 1209, Transfer to Treatment Facility
(27) 1212, Vermin Control
(28) 1213, Detoxification Treatment
(29) 1219, Suicide Prevention Program
(30) 1220, First Aid Kit(s)
(31) 1240, Frequency of Serving
(32) 1241, Minimum Diet
(33) 1243, Food Service Plan
(34) 1246, Food Serving and Supervision
(35) 1280, Facility Sanitation, Safety, Maintenance
(e) The following sections are applicable to temporary holding facilities where such procedural or physical plant items are utilized.
(1) 1055, Use of Safety Cell
(2) 1056, Use of Sobering Cell
(3) 1058, Use of Restraint Devices
(4) 1080, Rules and Disciplinary Penalties
(5) 1081, Plan for Inmate Discipline
(6) 1082, Forms of Discipline
(7) 1083, Limitations on Disciplinary Actions
(8) 1084, Disciplinary Records
(9) Title 24, Part 2, Section 1231.2.1 Area for Reception and Booking
(10) Title 24, Part 2, Section 1231.2.4 Sobering Cell
(11) Title 24, Part 2, Section 1231.2.5 Safety Cell
(12) Title 24, Part 2, Section 1231.3.4 Design Criteria for Showers
(13) Title 24, Part 2, Section 1231.3.5 Design Criteria for Beds/Bunks
(14) Title 24, Part 2, Section 1231.3.8 Design Criteria for Cell Padding
(15) 1270, Standard Bedding and Linen Issue
(16) 1272, Mattresses
(f) Law enforcement facilities, including lockups, that hold minors in temporary custody shall, in addition to the previously cited applicable regulations, comply with the following regulations:
(1) 1046, Death in Custody
(2) 1047, Serious Illness of a Minor in an Adult Detention Facility
(3) 1140, Purpose
(4) 1141, Minors Arrested for Law Violations
(5) 1142, Written Policies and Procedures
(6) 1143, Care of Minors in Temporary Custody
(7) 1144, Contact Between Minors and Adult Prisoners
(8) 1145, Decision on Secure Detention
(9) 1146, Conditions of Secure Detention
(10) 1147, Supervision of Minors Held Inside a Locked Enclosure
(11) 1148, Supervision of Minors in Secure Detention Outside a Locked Enclosure
(12) 1149, Criteria for Non-secure Custody
(13) 1150, Supervision of Minors in Non-secure Custody
(14) 1151, Intoxicated and Substance Abusing Minors in a Lockup
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82 No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Change without regulatory effect amending subsections (b)(20)-(21), (c)(22)-(23) and (d)(9)-(14) filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
6. Repealer of subsection designators (b)(1)-(6) and subsections (b)(7) and (c)(8) and subsection renumbering filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Change without regulatory effect reinstating subsection designators (b)(1)-(6) filed 1-30-98 pursuant to section 100, title 1, California Code of Regulations; operative 2-25-98 (Register 98, No. 5).
8. Change without regulatory effect repealing subsection (c)(7) and renumbering subsections filed 4-7-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 15).
9. Amendment of subsections (d)(2) and (d)(10) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
10. New subsections (c)-(c)(7), subsection relettering and new subsections (f)-(f)(15) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
11. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
12. Change without regulatory effect amending subsections (b)(21)-(22), repealing subsection (c)(1), renumbering subsections and amending subsections (d)(22)-(23) and (e)(9)-(14) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1011 (Register 86, No. 32).
§1012. Emergency Suspensions of Standards or Requirements.
Note • History
Nothing contained herein shall be construed to deny the power of any facility administrator to temporarily suspend any standard or requirement herein prescribed in the event of any emergency which threatens the safety of a local detention facility, its inmates or staff, or the public. Only such regulations directly affected by the emergency may be suspended. The facility administrator shall notify the Board in writing in the event that such a suspension lasts longer than three days. Suspensions lasting for more than 15 days require approval of the chairperson of the Board. Such approval shall be effective for the time specified by the chairperson.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1013. Criminal History Information.
Note • History
Such criminal history information as is necessary for conducting facility inspections as specified in Section 6031.1 of the Penal Code and detention needs surveys as specified in Section 6029 of the Penal Code shall be made available to the staff of the Corrections Standards Authority. Such information shall be held confidential except that published reports may contain such information in a form which does not identify an individual.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Sections 6029, 6030 and 11105, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment of Note filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1014. Inspections. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031, 6031.1, 6031.2 and 6031.4, Penal Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6029 and 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Repealer filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1016. Contracts for Local Detention Facilities.
Note • History
In the event that a county, city or city and county contracts for a local detention facility with a community-based public or private organization, compliance with appropriate Title 15 and Title 24 regulations shall be made a part of the contract. Nothing in this standard shall be construed as creating enabling language to broaden or restrict privatization of local detention facilities beyond that which is contained in statute.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of section heading and section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Note • History
The appeal hearing procedures are intended to provide a review concerning the Corrections Standards Authority application and enforcement of standards and regulations in local detention facilities and lockups. A county, city, or city and county facility may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.
(a) Levels of Appeal.
(1) There are two levels of appeal as follows:
(A) appeal to the Executive Director; and,
(B) appeal to the Corrections Standards Authority.
(2) An appeal shall first be filed with the Executive Director.
(b) Appeal to the Executive Director.
(1) If a county, city, or city and county facility is dissatisfied with an action of the Corrections Standards Authority staff, it may appeal the cause of the dissatisfaction to the Executive Director. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county or city is dissatisfied.
(2) The appeal shall be in writing and:
(A) state the basis for the dissatisfaction;
(B) state the action being requested of the Executive Director; and,
(C) attach any correspondence or other documentation related to the cause for dissatisfaction.
(c) Executive Director Appeal Procedures.
(1) The Executive Director shall review the correspondence and related documentation and render a decision on the appeal within 30 calendar days except in those cases where the appellant withdraws or abandons the appeal.
(2) The procedural time requirement may be waived with the mutual consent of the appellant and the Executive Director.
(3) The Executive Director may render a decision based on the correspondence and related documentation provided by the appellant and may consider other relevant sources of information deemed appropriate.
(d) Executive Director's Decision.
The decision of the Executive Director shall be in writing and shall provide the rationale for the decision.
(e) Request for Appeal Hearing by Board.
(1) If a county, city, or city and county facility is dissatisfied with the decision of the Executive Director, it may file a request for an appeal hearing with the Corrections Standards Authority. Such appeal shall be filed within 30 calendar days after receipt of the Executive Director's decision.
(2) The request shall be in writing and:
(A) state the basis for the dissatisfaction;
(B) state the action being requested of the Board; and,
(C) attach any correspondence related to the appeal from the Executive Director.
(f) Board Hearing Procedures.
(1) The hearing shall be conducted by a hearing panel designated by the Chairman of the Board at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(2) The procedural time requirements may be waived with mutual consent of the parties involved.
(3) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(4) An appellant may waive a personal hearing before the hearing panel and, under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.
(5) The hearing is not formal or judicial in nature. Pertinent and relative information, whether written or oral, shall be accepted. Hearings shall be tape recorded.
(6) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Corrections Standards Authority at its next regular public meeting.
(g) Corrections Standards Authority Decision.
(1) The Corrections Standards Authority, after receiving the proposed decision, may:
(A) adopt the proposed decision;
(B) decide the matter on the record with or without taking additional evidence; or,
(C) order a further hearing to be conducted if additional information is needed to decide the issue.
(2) the Board, or notice of a new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the Board to the appellant.
(3) The record of the testimony exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case.
(4) The decision of the Corrections Standards Authority shall be final.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading and first paragraph filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Article 3. Training, Personnel, and Management
§1020. Corrections Officer Core Course.
Note • History
(a) In addition to the provisions of California Penal Code Section 831.5, all custodial personnel of a Type I, II, III, or IV facility shall successfully complete the “Corrections Officer Core Course” as described in Section 179 of Title 15, CCR, within one year from the date of assignment.
(b) Custodial Personnel who have successfully completed the course of instruction required by Penal Code Section 832.3 shall also successfully complete the “Corrections Officer Basic Academy Supplemental Core Course” as described in Section 180 of Title 15, CCR, within one year from the date of assignment.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
5. Amendment of subsection (a) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of section heading filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
7. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1021. Jail Supervisory Training.
Note • History
Prior to assuming supervisory duties, jail supervisors shall complete the core training requirements pursuant to Section 1020, Corrections Officer Core Course. In addition, supervisory personnel of any Type I, II, III or IV jail shall also be required to complete either the STC Supervisory Course (as described in Section 181, Title 15, CCR) or the POST supervisory course within one year from date of assignment.
NOTE
Authority cited: Sections 6030, 6031.6 and 6035, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 8-4-94; operative 9-5-94 (Register 94, No. 31). For prior history, see Register 87, No. 22.
2. Amendment of section and Note filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Repealer and new section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1022. Type IV Facility Operations Training. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
§1023. Jail Management Training.
Note • History
Managerial personnel of any Type I, II, III or IV jail shall be required to complete either the STC management course (as described in Section 182, Title 15, CCR) or the POST management course within one year from date of assignment.
NOTE
Authority cited: Sections 6030, 6031.6 and 6035, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
4. Editorial correction of printing error in first paragraph (Register 91, No. 32).
5. Amendment of first paragraph and subsection (h), new subsection (i) and amendment of final paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of section and Note filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of section heading and repealer and new section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1024. Court Holding and Temporary Holding Facility Training.
Note • History
Custodial personnel who are responsible for supervising inmates in, and supervisors of, a Court Holding or Temporary Holding facility shall complete 8 hours of specialized training. Such training shall include, but not be limited to:
(a) applicable minimum jail standards;
(b) jail operations liability;
(c) inmate segregation;
(d) emergency procedures and planning; and,
(e) suicide prevention.
Such training shall be completed as soon as practical, but in any event not more than six months after the date of assigned responsibility, or the effective date of this regulation. Successful completion of Core training or supplemental Core training, pursuant to Section 1020, Corrections Officer Core Course, may be substituted for the initial eight hours of training.
Eight hours of refresher training shall be completed once every two years. Successful completion of the requirements in Section 1025, Continuing Professional Training may be substituted for the eight hour refresher.
Each agency shall determine if additional training is needed based upon, but not limited to, the complexity of the facility, the number of inmates, the employees' level of experience and training, and other relevant factors.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of first paragraph, subsection redesignation, amendment of subsection (a) and amendment of second paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of subsection (d) and repealer and new text for last two paragraphs filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of subsection (e) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1025. Continuing Professional Training.
Note • History
With the exception of any year that a core training module is successfully completed, all facility/system administrators, managers, supervisors, and custody personnel of a Type I, II, III, or IV facility shall successfully complete the “annual required training” specified in Section 184 of Title 15, CCR.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
3. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1026. In-Service Training. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
3. Change without regulatory effect (Register 86, No. 32).
4. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).
Note • History
A sufficient number of personnel shall be employed in each local detention facility to conduct at least hourly safety checks of inmates through direct visual observation of all inmates and to ensure the implementation and operation of the programs and activities required by these regulations. There shall be a written plan that includes the documentation of routine safety checks.
Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediately available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in the event of an emergency. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall in like manner be immediately available and accessible to such females.
Additionally, in Type IV programs the administrator shall ensure a sufficient number of personnel to provide case review, program support, and field supervision.
In order to determine if there is a sufficient number of personnel for a specific facility, the facility administrator shall prepare and retain a staffing plan indicating the personnel assigned in the facility and their duties. Such a staffing plan shall be reviewed by the Corrections Standards Authority staff at the time of their biennial inspection. The results of such a review and recommendations shall be reported to the local jurisdiction having fiscal responsibility for the facility.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 6031 and 6031.1, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of first paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
6. Amendment of first paragraph filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
7. Amendment of last paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1028. Fire and Life Safety Staff.
Note • History
Pursuant to Penal Code Section 6030(c), effective January 1, 1980, whenever there is an inmate in custody, there shall be at least one person on duty at all times who meets the training standards established by the Corrections Standards Authority for general fire and life safety. The facility manager shall ensure that there is at least one person on duty who trained in fire and life safety procedures that relate specifically to the facility.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
5. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1029. Policy and Procedures Manual.
Note • History
Facility administrator(s) shall develop and publish a manual of policy and procedures for the facility. The policy and procedures manual shall address all applicable Title 15 and Title 24 regulations and shall be comprehensively reviewed and updated at least every two years. Such a manual shall be made available to all employees.
(a) The manual for Temporary Holding, Type I, II, and III facilities shall provide for, but not be limited to, the following:
(1) Table of organization, including channels of communications.
(2) Inspections and operations reviews by the facility administrator/manager.
(3) Policy on the use of force.
(4) Policy on the use of restraint equipment, including the restraint of pregnant inmates as referenced in Penal Code Section 6030(f).
(5) Procedure and criteria for screening newly received inmates for release per Penal Code sections 849(b)(2) and 853.6, and any other such processes as the facility administrator is empowered to use.
(6) Security and control including physical counts of inmates, searches of the facility and inmates, contraband control, and key control. Each facility administrator shall, at least annually, review, evaluate, and make a record of security measures. The review and evaluation shall include internal and external security measures of the facility.
(7) Emergency procedures include:
(A) fire suppression preplan as required by section 1032 of these regulations;
(B) escape, disturbances, and the taking of hostages;
(C) civil disturbance;
(D) natural disasters;
(E) periodic testing of emergency equipment; and,
(F) storage, issue, and use of weapons, ammunition, chemical agents, and related security devices.
(8) Suicide Prevention.
(9) Segregation of Inmates.
The policies and procedures required in subsections (6) and (7) may be placed in a separate manual to ensure confidentiality.
(b) The manual for court holding facilities shall include all of the procedures listed in subsection (a), except number (5).
(c) The manual for Type IV facilities shall include, in addition to the procedures required in subsection (a), except number (5), procedures for:
(1) accounting of inmate funds;
(2) community contacts;
(3) field supervision;
(4) temporary release; and
(5) obtaining health care.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Editorial correction of printing error in subsections (a)(1) and (a)(6) (Register 91, No. 32).
4. Amendment of first paragraph and subsections (a)(4) and (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of first paragraph and subsections (a)(5) and (c)(5) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
6. Amendment of subsection (a)(3), new subsection (a)(4), subsection renumbering, and amendment of newly designated subsection (a)(9) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
7. Amendment of subsections (b) and (c) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
8. Amendment of subsection (a)(4) filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
10. Amendment of first paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
11. Change without regulatory effect amending subsection (b) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1030. Type IV Facility Policy and Procedures Manual. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1030 (Register 86, No. 32).
§1031. Policy and Procedures Manual for Temporary Holding and Short Term Confinement Facilities. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1031 (Register 86, No. 32).
§1032. Fire Suppression Preplanning.
Note • History
Pursuant to Penal Code Section 6031.1(b), the facility administrator shall consult with the local fire department having jurisdiction over the facility, with the State Fire Marshal, or both, in developing a plan for fire suppression which shall include, but not be limited to:
(a) a fire suppression pre-plan developed with the local fire department to be included as part of the policy and procedures manual (Title 15, California Code of Regulations Section 1029);
(b) regular fire prevention inspections by facility staff on a monthly basis with two year retention of the inspection record;
(c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b) which requires inspections at least once every two years;
(d) an evacuation plan; and,
(e) a plan for the emergency housing of inmates in the case of fire.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Sections 6024 and 6030, and 6031.1, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect of subsection (a) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of first paragraph and subsection (a) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
6. Amendment of subsection (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
7. Change without regulatory effect amending subsection (a) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
8. Amendment of subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1033. Inmate Grievance Procedure. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect renumbering Section 1033 to Section 1073 (Register 86, No. 32).
§1034. Report of Population, Programs, and Services. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1034 (Register 86, No. 32).
Article 4. Records and Public Information
Note • History
Except in court holding and temporary holding facilities, each facility administrator shall maintain an inmate demographics accounting system which reflects the monthly average daily population of sentenced and non-sentenced inmates by categories of male, female and juvenile. Facility administrators shall provide the Corrections Standards Authority with applicable inmate demographic information as described in the Jail Profile Survey.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. New section filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
6. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the maintenance of individual inmate records which shall include, but not be limited to, intake information, personal property receipts, commitment papers, court orders, reports of disciplinary actions taken, medical orders issued by the responsible physician and staff response, and non-medical information regarding disabilities and other limitations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1042. Type IV Fiscal Records. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Repealer filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
§1043. Inmate Welfare Fund--Accounting. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Repeal and new section filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Repealer filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Note • History
Each facility administrator shall develop written policies and procedures for the maintenance of written records and reporting of all incidents which result in physical harm, or serious threat of physical harm, to an employee or inmate of a detention facility or other person. Such records shall include the names of the persons involved, a description of the incident, the actions taken, and the date and time of the occurrence. Such a written record shall be prepared by the staff assigned to investigate the incident and submitted to the facility manager or his/her designee.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1045. Public Information Plan.
Note • History
Each facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures for the dissemination of information to the public, to other government agencies, and to the news media. The public and inmates shall have available for review the following material:
(a) The State Corrections Standards Authority Minimum Standards for Local Detention Facilities as found in Title 15 of the California Code of Regulations.
(b) Facility rules and procedures affecting inmates as specified in sections:
(1) 1045, Public Information Plan
(2) 1061, Inmate Education Plan
(3) 1062, Visiting
(4) 1063, Correspondence
(5) 1064, Library Service
(6) 1065, Exercise and Recreation
(7) 1066, Books, Newspapers, Periodicals and Writings
(8) 1067, Access to Telephone
(9) 1068, Access to Courts and Counsel
(10) 1069, Inmate Orientation
(11) 1070, Individual/Family Service Programs
(12) 1071, Voting
(13) 1072, Religious Observance
(14) 1073, Inmate Grievance Procedure
(15) 1080, Rules and Disciplinary Penalties
(16) 1081, Plan for Inmate Discipline
(17) 1082, Forms of Discipline
(18) 1083, Limitations on Discipline
(19) 1200, Responsibility for Health Care Services
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82 No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect of subsection (a) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Editorial correction of printing error in subsection (a) and NOTE (Register 91, No. 32).
5. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (a) and repealer of subsection (b)(1) and subsection renumbering filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of first paragraph and subsection (a) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
8. Amendment of subsections (a) and (b)(7) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
9. Change without regulatory effect amending subsection (a) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
(a) Death in Custody Reviews for Adults and Minors.
The facility administrator, in cooperation with the health administrator, shall develop written policy and procedures to assure that there is a review of every in-custody death. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident.
(b) Death of a Minor
In any case in which a minor dies while detained in a jail, lockup, or court holding facility:
(1) The administrator of the facility shall provide to the Corrections Standards Authority a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted within 10 calendar days after the death.
(2) Upon receipt of a report of death of a minor from the administrator, the Board may within 30 calendar days inspect and evaluate the jail, lockup, or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the Board shall be limited to the standards and requirements set forth in these regulations.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading and section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
3. Amendment of subsection (b)(1) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of subsection (b)(1) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1047. Serious Illness or Injury of a Minor in an Adult Detention Facility.
Note • History
The facility administrator shall develop policy and procedures for notification of the court of jurisdiction and the parent, guardian, or person standing in loco parentis, in the event of a suicide attempt, serious illness, injury or death of a minor in custody.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 5. Classification and Segregation
Note • History
(a) Each administrator of a temporary holding, Type I, II, or III facility shall develop and implement a written classification plan designed to properly assign inmates to housing units and activities according to the categories of sex, age, criminal sophistication, seriousness of crime charged, physical or mental health needs, assaultive/non-assaultive behavior and other criteria which will provide for the safety of the inmates and staff. Such housing unit assignment shall be accomplished to the extent possible within the limits of the available number of distinct housing units or cells in a facility.
The written classification plan shall be based on objective criteria and include receiving screening performed at the time of intake by trained personnel, and a record of each inmate's classification level, housing restrictions, and housing assignments.
Each administrator of a Type II or III facility shall establish and implement a classification system which will include the use of classification officers or a classification committee in order to properly assign inmates to housing, work, rehabilitation programs, and leisure activities. Such a plan shall include the use of as much information as is available about the inmate and from the inmate and shall provide for a channel of appeal by the inmate to the facility administrator. An inmate who has been sentenced to more than 60 days may request a review of his classification plan no more often than 30 days from his last review.
(b) Each administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and inmates held at the facility. The plan shall include receiving and transmitting of information regarding inmates who represent unusual risk or hazard while confined at the facility, and the segregation of such inmates to the extent possible within the limits of the court holding facility.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 6-2-88 as an emergency; operative 6-3-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 10-3-88.
4. Certificate of Compliance filed 9-7-88 (Register 88, No. 39).
5. Editorial correction of printing error in NOTE (Register 91, No. 32).
6. Designation and amendment of subsection (a) and new subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 3).
7. Amendment of subsection (a) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
8. Editorial correction restoring inadvertently deleted subsection (a) designator (Register 98, No. 6).
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures specifying those symptoms that require segregation of an inmate until a medical evaluation is completed. At the time of intake into the facility, an inquiry shall be made of the person being booked as to whether or not he/she has or has had any communicable diseases or has observable symptoms of communicable diseases, including but not limited to, tuberculosis, other airborne diseases, or other special medical problem identified by the health authority. The response shall be noted on the booking form and/or screening device.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
7. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1052. Mentally Disordered Inmates.
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures to identify and evaluate all mentally disordered inmates. If an evaluation from medical or mental health staff is not readily available, an inmate shall be considered mentally disordered for the purpose of this section if he or she appears to be a danger to himself/herself or others or if he/she appears gravely disabled. An evaluation from medical or mental health staff shall be secured within 24 hours of identification or at the next daily sick call, whichever is earliest. Segregation may be used if necessary to protect the safety of the inmate or others.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1053. Administrative Segregation.
Note • History
Except in Type IV facilities, each facility administrator shall develop written policies and procedures which provide for the administrative segregation of inmates who are determined to be prone to: escape; assault staff or other inmates; disrupt the operations of the jail, or likely to need protection from other inmates, if such administrative segregation is determined to be necessary in order to obtain the objective of protecting the welfare of inmates and staff. Administrative segregation shall consist of separate and secure housing but shall not involve any other deprivation of privileges than is necessary to obtain the objective of protecting the inmates and staff.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
§1054. Administrative Removal--Type IV Facility.
Note • History
In Type IV facilities, the facility administrator shall develop written policies and procedures which provide for the administrative removal of an inmate for the safety and well being of the inmate, the staff, the program, the facility, and/or the general public. Such removal shall be subject to review by the facility administrator on the next business day.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The safety cell described in Title 24, Part 2, Section 1231.2.5, shall be used to hold only those inmates who display behavior which results in the destruction of property or reveals an intent to cause physical harm to self or others. The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing safety cell use and may delegate authority to place an inmate in a safety cell to a physician.
In no case shall the safety cell be used for punishment or as a substitute for treatment.
An inmate shall be placed in a safety cell only with the approval of the facility manager, the facility watch commander, or the designated physician; continued retention shall be reviewed a minimum of every eight hours. A medical assessment shall be completed within a maximum of 12 hours of placement in the safety cell or at the next daily sick call, whichever is earliest. The inmate shall be medically cleared for continued retention every 24 hours thereafter. A mental health opinion on placement and retention shall be secured within 24 hours of placement. Direct visual observation shall be conducted at least twice every thirty minutes. Such observation shall be documented.
Procedures shall be established to assure administration of necessary nutrition and fluids. Inmates shall be allowed to retain sufficient clothing, or be provided with a suitably designed “safety garment,” to provide for their personal privacy unless specific identifiable risks to the inmate's safety or to the security of the facility are documented.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Change without regulatory effect amending first paragraph filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
6. Amendment of first paragraph and new second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of first and third paragraphs filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
8. Amendment of first paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
9. Change without regulatory effect amending first paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
10. Amendment of third paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The sobering cell described in Title 24, Part 2, Section 1231.2.4, shall be used for the holding of inmates who are a threat to their own safety or the safety of others due to their state of intoxication and pursuant to written policies and procedures developed by the facility administrator. Such inmates shall be removed from the sobering cell as they are able to continue in the processing. In no case shall an inmate remain in a sobering cell over six hours without an evaluation by a medical staff person or an evaluation by custody staff, pursuant to written medical procedures in accordance with section 1213 of these regulations, to determine whether the prisoner has an urgent medical problem. Intermittent direct visual observation of inmates held in the sobering cell shall be conducted no less than every half hour. Such observation shall be documented.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Change without regulatory effect amending opening statement filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
7. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
8. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
9. Change without regulatory effect amending first paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
10. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1057. Developmentally Disabled Inmates.
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the identification and evaluation of all developmentally disabled inmates.
The health authority or designee shall contact the regional center on any inmate suspected or confirmed to be developmentally disabled for the purposes of diagnosis and/or treatment within 24 hours of such determination, excluding holidays and weekends.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect adding new section 1057 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of first paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
§1058. Use of Restraint Devices.
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of restraint devices and may delegate authority to place an inmate in restraints to a physician. In addition to the areas specifically outlined in this regulation, at a minimum, the policy shall address the following areas: acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained persons; provision for hydration and sanitation needs; and exercising of extremities.
Restraint devices shall only be used on inmates who display behavior which results in the destruction of property or reveal an intent to cause physical harm to self or others. Restraint devices include any devices which immobilize an inmate's extremities and/or prevent the inmate from being ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior.
Inmates shall be placed in restraints only with the approval of the facility manager, the facility watch commander, or the designated physician; continued retention shall be reviewed a minimum of every two hours. A medical opinion on placement and retention shall be secured as soon as possible, but no later than four hours from the time of placement. The inmate shall be medically cleared for continued retention at least every six hours thereafter. A mental health consultation shall be secured as soon as possible, but in no case longer than eight hours from the time of placement, to assess the need for mental health treatment.
Direct visual observation shall be conducted at least twice every thirty minutes to ensure that the restraints are properly employed, and to ensure the safety and well-being of the inmate. Such observation shall be documented. While in restraint devices all inmates shall be housed alone or in a specified housing area for restrained inmates which makes provisions to protect the inmate from abuse. In no case shall restraints be used for discipline, or as a substitute for treatment.
The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to restrain inmates for security reasons.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect adding new section 1058 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of second and third paragraphs and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1059. DNA Collection, Use of Force.
Note • History
(a) Pursuant to Penal Code Section 298.1, authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to collect blood specimens, saliva samples, or thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request.
(1) For the purpose of this regulation, the “use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this regulation.
(2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal.
(b) The force shall not be used without the prior written authorization of the facility watch commander on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused.
(c) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped, including audio. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a criminal proceeding, the tape shall be retained administratively.
NOTE
Authority cited: Sections 298.1, 6024 and 6030, Penal Code. Reference: Sections 298.1 and 6030, Penal Code.
HISTORY
1. New section filed 11-5-2004; operative 12-5-2004 (Register 2004, No. 45).
2. Repealer of former subsection (b)(2) and redesignation of former subsection (b)(1) as subsection (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
3. Amendment of subsection (b) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Article 6. Inmate Programs and Activities
§1060. Inmate Work Assignment Plan. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1060 (Register 86, No. 32).
Note • History
The facility administrator of any Type II or III facility shall plan and shall request of appropriate public officials an inmate education program. When such services are not made available by the appropriate public officials, then the facility administrator shall develop and implement an education program with available resources. Such a plan shall provide for the voluntary academic and/or vocational education of both sentenced and non-sentenced inmates. Reasonable criteria for eligibility shall be established and an inmate may be excluded or removed from any class based on sound security practices or failure to abide by facility rules and regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No 40.).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
(a) The facility administrator shall develop written policies and procedures for inmate visiting which shall provide for as many visits and visitors as facility schedules, space, and number of personnel will allow. For sentenced inmates in Type I facilities and all inmates in Type II facilities there shall be allowed no fewer than two visits totaling at least one hour per inmate each week. In Type III and Type IV facilities there shall be allowed one or more visits, totaling at least one hour, per week.
(b) In Type I facilities, the facility administrator shall develop and implement written policies and procedures to allow visiting for non-sentenced detainees. The policies and procedures will include a schedule to assure that non-sentenced detainees will be afforded a visit no later than the calendar day following arrest.
(c) The visiting policies developed pursuant to this section shall include provision for visitation by minor children of the inmate.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of subsection (a) and new subsections (b) and (c) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Editorial correction of printing error in subsection (a) (Register 91, No. 32).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (b) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
7. Amendment of subsections (b) and (c) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The facility administrator shall develop written policies and procedures for inmate correspondence which provide that:
(a) there is no limitation on the volume of mail that an inmate may send or receive;
(b) inmate correspondence may be read when there is a valid security reason and the facility manager or his/her designee approves;
(c) jail staff shall not review inmate correspondence to or from state and federal courts, any member of the State Bar or holder of public office, and the State Board of State and Community Corrections; however, jail authorities may open and inspect such mail only to search for contraband, cash, checks, or money orders and in the presence of the inmate;
(d) inmates may correspond, confidentially, with the facility manager or the facility administrator; and,
(e) those inmates who are without funds shall be permitted at least two postage paid letters each week to permit correspondence with family members and friends but without limitation on the number of postage paid letters to his or her attorney and to the courts.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of subsection (a) (Register 86, No. 32).
3. Editorial correction of printing error in subsection (c) (Register 91, No. 32).
4. Amendment of first paragraph and subsections (b)-(c) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of subsection (e) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment of subsections (b) and (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
7. Change without regulatory effect amending subsection (c) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
8. Amendment of subsections (b) and (c) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The facility administrator shall develop written policies and procedures for library service in all Type II, III, and IV facilities. The scope of such service shall be determined by the facility administrator. The library service shall include access to legal reference materials, current information on community services and resources, and religious, educational, and recreational reading material. In Type IV facilities such a program can be either in-house or provided through access to the community.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Editorial correction of printing error in first paragraph (Register 91, No. 32).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1065. Exercise and Recreation.
Note • History
(a) The facility administrator of a Type II or III facility shall develop written policies and procedures for an exercise and recreation program, in an area designed for recreation, which will allow a minimum of three hours of exercise distributed over a period of seven days. Such regulations as are reasonable and necessary to protect the facility's security and the inmates' welfare shall be included in such a program. In Type IV facilities, such a program can be either in-house or provided through access to the community.
(b) The facility administrator of a Type I facility shall make table games and/or television available to inmates.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Designation and amendment of subsection (a) and new subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of subsection (a) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1066. Books, Newspapers, Periodicals, and Writings.
Note • History
(a) The facility administrator of a Type II or III facility shall develop written policies and procedures which will permit inmates to purchase, receive and read any book, newspaper, periodical, or writing accepted for distribution by the United States Postal Service. Nothing herein shall be construed as limiting the right of a facility administrator to:
(1) exclude any publications or writings based on any legitimate penological interest;
(2) exclude obscene publications or writings, and mail containing information concerning where, how, or from whom such matter may be obtained; and any matter of a character tending to incite murder, arson, riot, violent racism, or any other form of violence; any matter of a character tending to incite crimes against children; any matter concerning unlawful gambling or an unlawful lottery; the manufacture or use of weapons, narcotics, or explosives; or any other unlawful activity;
(3) open and inspect any publications or packages received by an inmate; and
(4) restrict the number of books, newspapers, periodicals, or writings the inmate may have in his/her cell or elsewhere in the facility at one time.
(b) The facility administrator of a Type I facility shall develop and implement a written plan to make available a daily newspaper in general circulation, including a non-English language publication, to assure reasonable access to interested inmates.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of subsection (a) (Register 86, No. 32).
3. Amendment relettering existing provisions as subsections (a)(1), (a)(2), and (a)(3) and new subsection (b) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Amendment of subsection (a), new subsection (a)(2), subsection redesignation and amendment of subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of subsections (a)-(a)(2) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment of section heading and section filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
The facility administrator shall develop written policies and procedures which allow reasonable access to a telephone beyond those telephone calls which are required by Section 851.5 of the Penal Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1068. Access to the Courts and Counsel.
Note • History
The facility administrator shall develop written policies and procedures to ensure inmates have access to the court and to legal counsel. Such access shall consist of:
(a) unlimited mail as provided in Section 1063 of these regulations, and,
(b) confidential consultation with attorneys.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of subsection (b) (Register 86, No. 32).
3. Amendment of first paragraph and subsection (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of first paragraph and subsection (a) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
(a) In Type II, III, and IV facilities, the facility administrator shall develop written policies and procedures for the implementation of a program reasonably understandable to inmates designed to orient a newly received inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following:
(1) correspondence, visiting, and telephone usage rules;
(2) rules and disciplinary procedures;
(3) inmate grievance procedures;
(4) programs and activities available and method of application;
(5) medical services;
(6) classification/housing assignments;
(7) court appearance where scheduled, if known; and,
(8) voting, including registration.
(b) In Type I facilities, the facility administrator shall develop written policies and procedures for a program reasonably understandable to non-sentenced detainees to orient an inmate at the time of placement in a living area. Such a program shall be published and include, but not be limited to, the following:
(1) rules and disciplinary procedures;
(2) visiting rules;
(3) availability of personal care items, opportunities for personal hygiene;
(4) availability of reading and recreational materials; and,
(5) medical/mental health procedures.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of initial paragraph (Register 86, No. 32).
3. Amendment relettering existing provisions as subsections (a)(1) through (a)(7) and new subsection (b) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Amendment of subsections (a)-(a)(7), (b) and (b)(4) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment of subsections (a)(6) and (a)(7), new subsection (a)(8) and amendment of Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1070. Individual/Family Service Programs.
Note • History
The facility administrator of a Type II, III, or IV facility shall develop written policies and procedures which facilitate cooperation with appropriate public or private agencies for individual and/or family social service programs for inmates. Such a program shall utilize the services and resources available in the community and may be in the form of a resource guide and/or actual service delivery. The range and source of such services shall be at the discretion of the facility administrator and may include:
(a) individual, group and/or family counseling;
(b) drug and alcohol abuse counseling;
(c) community volunteers;
(d) vocational testing and counseling;
(e) employment counseling;
(f) referral to community resources and programs;
(g) prerelease and release assistance;
(h) legal assistance; and,
(i) regional center services for the developmentally disabled.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of subsection (h) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The facility administrator of a Type I (holding sentenced inmate workers) II, III or IV facility shall develop written policies and procedures whereby the county registrar of voters allows qualified voters to vote in local, state, and federal elections, pursuant to election codes.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Note • History
The facility administrator of a Type I, II, III or IV facility shall develop written policies and procedures to provide opportunities for inmates to participate in religious services, practices and counseling on a voluntary basis.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect repealing former section 1072 and adding new section 1072 (Register 86, No. 32). For history of former section 1072, see Register 82, No. 40.
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1073. Inmate Grievance Procedure.
Note • History
(a) Each administrator of a Type II, III, or IV facility and Type I facilities which hold inmate workers shall develop written policies and procedures whereby any inmate may appeal and have resolved grievances relating to any conditions of confinement, included but not limited to: medical care; classification actions; disciplinary actions; program participation; telephone, mail, and visiting procedures; and food, clothing, and bedding. Such policies and procedures shall include:
(1) a grievance form or instructions for registering a grievance;
(2) resolution of the grievance at the lowest appropriate staff level;
(3) appeal to the next level of review;
(4) written reasons for denial of grievance at each level of review which acts on the grievance;
(5) provision for response within a reasonable time limit; and,
(6) provision for resolving questions of jurisdiction within the facility.
(b) Grievance System Abuse:
The facility may establish written policy and procedure to control the submission of an excessive number of grievances.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former section 1033 to section 1073 (Register 86, No. 32).
2. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. New closing paragraphs filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Reorganization of subsection designators filed 1-30-98 pursuant to section 100, title 1, California Code of Regulations; operative 2-25-98 (Register 98, No. 5).
Article 7. Discipline
§1080. Rules and Disciplinary Penalties.
Note • History
Wherever discipline is administered, each facility administrator shall establish written rules and disciplinary penalties to guide inmate conduct. Such rules and disciplinary penalties shall be stated simply and affirmatively, and posted conspicuously in housing units and the booking area or issued to each inmate upon booking. For those inmates who are illiterate or unable to read English, and for persons with disabilities, provision shall be made for the jail staff to instruct them verbally or provide them with material in an understandable form regarding jail rules and disciplinary procedures and penalties.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1081. Plan for Inmate Discipline.
Note • History
Each facility administrator shall develop written policies and procedures for inmate discipline which shall include, but not be limited to, the following elements:
(a) Designation of one or more subordinates who will act on all formal charges of violation of facility rules by inmates, and who shall have investigative and punitive powers. Staff so designated shall not participate in disciplinary review if they are involved in the charges.
(b) Minor acts of non-conformance or minor violations of institution rules may be handled informally by any staff member by counseling or advising the inmate of expected conduct, assignment to an extra work detail, or removal from a work assignment without loss of work time credit. In addition, temporary loss of privileges such as, but not limited to, access to television, telephones, or commissary, or lockdown for less than 24 hours, may be considered minor discipline if such acts are accompanied by written documentation, and a policy of review and appeal to a supervisor.
(c) Major violations or repetitive minor acts of non-conformance or repetitive minor violations of institutional rules shall be reported in writing by the staff member observing the act and submitted to the disciplinary officer. The inmate shall be informed of the charge(s) in writing. The consequences of a major violation may include, but are not limited to, loss of good time/work time, placement in disciplinary isolation, disciplinary isolation diet, or loss of privileges mandated by regulations. In addition:
(1) Charges pending against an inmate shall be acted on no sooner than 24 hours after the report has been submitted to the disciplinary officer and the inmate has been informed of the charges in writing. A violation(s) shall be acted on no later than 72 hours after an inmate has been informed of the charge(s) in writing. The inmate may waive the 24-hour limitation. The hearing may be postponed or continued for a reasonable time through a written waiver by the inmate or for good cause.
(2) The inmate shall be permitted to appear on his/her own behalf at the time of hearing.
(3) Subsequent to final disposition of disciplinary charges by the disciplinary officer, the charges and the action taken shall be reviewed by the facility manager or designee.
(4) The inmate shall be advised of the action taken by the disciplinary officer by a copy of the record required to be kept by Penal Code Section 4019.5.
(d) Nothing in this section precludes a facility administrator from administratively segregating any inmate from the general population or program for reasons of personal, mental, or physical health, or under any circumstance in which the safety of the inmates, staff, program, or community is endangered, pending disciplinary action or a review as required by Section 1054 of these regulations.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect of subsections (a) and (f) (Register 86, No. 32).
3. Amendment filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
4. Editorial correction of printing error in subsections (c) and (d) (Register 91, No. 32).
5. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (b) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
8. Amendment of subsection (d) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The degree of punitive actions taken by the disciplinary officer shall be directly related to the severity of the rule infraction. Acceptable forms of discipline shall consist of, but not be limited to, the following:
(a) Loss of privileges.
(b) Extra work detail.
(c) Short term lockdown for less than 24 hours.
(d) Removal from work details.
(e) Forfeiture of “good time” credits earned under Penal Code Section 4019.
(f) Forfeiture of “work time” credits earned under Penal Code Section 4019.
(g) Disciplinary isolation.
(h) Disciplinary isolation diet.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect adding new subsection (g) (Register 86, No. 32).
3. New subsection (c) and subsection relettering filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment of subsection (c) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1083. Limitations on Disciplinary Actions.
Note • History
The Penal Code and the State Constitution expressly prohibit all cruel and unusual punishment. Additionally, there shall be the following limitations:
(a) If an inmate is on disciplinary isolation status for 30 consecutive days there shall be a review by the facility manager before the disciplinary isolation status is continued. This review shall include a consultation with health care staff. Such reviews shall continue at least every fifteen days thereafter until the disciplinary status has ended. This review shall be documented.
(b) The disciplinary isolation cells or cell shall have the minimum furnishings and space specified in Title 24, Part 2, 1231.2.6 and 2.7. Occupants shall be issued clothing and bedding as specified in Articles 13 and 14 of these regulations and shall not be deprived of them through any portion of the day except that those inmates who engage in the destruction of bedding or clothing may be deprived of such articles. The decision to deprive inmates of such articles of clothing and bedding shall be reviewed by the facility manager or designee during each 24 hour period.
(c) Penal Code Section 4019.5 expressly prohibits the delegation of authority to any inmate or group of inmates to exercise the right of punishment over any other inmate or group of inmates.
(d) In no case shall a safety cell, as specified in Title 24, Part 2, 1231.2.5, or any restraint device be used for disciplinary purposes.
(e) No inmate may be deprived of the implements necessary to maintain an acceptable level of personal hygiene as specified in Section 1265 of these regulations.
(f) Food shall not be withheld as a disciplinary measure.
(g) The disciplinary isolation diet described in section 1247 of these regulations shall only be utilized for major violations of institutional rules.
(1) In addition to the provisions of Section 1247, the facility manager shall approve the initial placement on the disciplinary isolation diet and ensure that medical staff is notified.
(2) In consultation with medical care staff, the facility manager shall approve any continuation on that diet every 72 hours after the initial placement.
(h) Correspondence privileges shall not be withheld except in cases where the inmate has violated correspondence regulations, in which case correspondence may be suspended for no longer than 72 hours, without the review and approval of the facility manager.
(i) In no case shall access to courts and legal counsel be suspended as a disciplinary measure.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect of subsections (c) and (e) pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Editorial correction to NOTE (Register 91, No. 32).
5. Amendment of subsections (c)-(e) and (i) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Change without regulatory effect amending subsections (c) and (e) filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
7. Repealer of subsection (a), subsection relettering, and amendment of newly designated subsections (a) and (g) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
8. Amendment of subsections (b), (d) and (i) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
9. Amendment of subsections (b) and (d) and new subsections (g)(1)-(2) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
10. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
11. Amendment of first paragraph, subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
Penal Code Section 4019.5 requires that a record is kept of all disciplinary infractions and punishment administered therefore. This requirement may be satisfied by retaining copies of rule violation reports and report of the disposition of each.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
3. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
TABLE II
PLANNING AND DESIGN REGULATIONS
APPLICABLE TO TYPES OF FACILITIES
(Articles 8 and 9) [Repealed]
HISTORY
1. Change without regulatory effect repealing Table II (Register 87, No. 1).
TABLE II A
SPACE AND EQUIPMENT REGULATIONS
APPLICABLE TO TYPES OF FACILITIES
(Articles 8 and 9) [Repealed]
HISTORY
1. Change without regulatory effect repealing Table II A (Register 87, No. 1).
2. Editorial correction of Table heading (Register 91, No. 32).
Article 8. Minors in Jails
Note • History
The purpose of this article is to establish minimum standards for local adult detention facilities, Types II and III, in which minors are lawfully detained.
Unless otherwise specified in statute or these regulations, minors lawfully held in local adult detention facilities shall be subject to the regulations and statutes governing those facilities found in Minimum Standards for Local Detention Facilities, Title 15, Division 1, Chapter 1, Subchapter 4, Section 1000 et seq. and Title 24, Part 1, Section 13-102, and Part 2, Section 1231, California Code of Regulations.
An existing jail built in accordance with construction standards in effect at the time of construction and approved for the detention of minors by the Board shall be considered as being in compliance with the provisions of this article unless the condition of the structure is determined by the Board to be dangerous to life, health or welfare of minors.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment of article 8 heading and new article 8 (sections 1100-1125) and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history of former article 8 (sections 1100-1107), see Register 94, No. 31. For prior history of former article 9 (sections 1110-1121), see Register 86, No. 32 and Register 87, No. 1.
2. Change without regulatory effect amending first paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
3. Amendment of first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1101. Restrictions on Contact with Adult Prisoners.
Note • History
The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between detained minors and adults confined in the facility.
In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact.
The above restrictions do not apply to minors who are participating in supervised program activities pursuant to Section 208 (c) of the Welfare and Institutions Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
The facility administrator shall develop and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include the following:
(a) a procedure for receiving and transmitting information regarding minors who present a risk or hazard to self or others while confined at the facility, and the segregation of such minors to the extent possible within the limits of the facility.
(b) a procedure to provide care for any minor who appears to be in need of or who requests medical, mental health, or developmental disability treatment. Written procedures shall be established by the responsible health administrator in cooperation with the facility administrator.
(c) a suicide prevention program designed to identify, monitor, and provide treatment to those minors who present a suicide risk.
(d) provide that minors be housed separately from adults and not be allowed to come or remain in contact with adults except as provided in Sections 208(c) of the Welfare and Institutions Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
Note • History
Facility staff shall notify the parents or guardians prior to the release of a minor. The minor's personal clothing and valuables shall be returned to the minor, parents or guardian, upon the minor's release or consent.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
Note • History
The facility administrator shall develop and implement policy and procedures that provide for:
(a) continuous around-the-clock supervision of minors with assurance that staff can hear and respond; and,
(b) safety checks of minors at least once every 30 minutes. These safety checks shall include the direct visual observation of movement and/or skin. Safety checks shall not be replaced, but may be supplemented by, an audio/visual electronic surveillance system designed to detect overt, aggressive, or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
2. Amendment of subsection (b) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
The facility administrator shall develop written policies and procedures to provide a recreation program that shall protect the welfare of minors and other inmates, recognize facility security needs and comply with minimum jail standards for recreation (California Code of Regulations, Title 15, Section 1065).
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1106. Disciplinary Procedures.
Note • History
Nothing in this regulation shall prevent the administrator from removing a detained minor from the general population or program for reasons of the minor's mental or physical health; or under any circumstances in which the safety of the minor, other inmates, staff, the program or community is endangered, pending a disciplinary action or review.
(a) Minors requiring disciplinary confinement shall be housed only in living areas designated for the detention of minors.
(b) Permitted forms of discipline include:
(1) loss of privileges; and,
(2) disciplinary confinement.
(c) Access to visitation and recreation shall be restricted only after a second level review by a supervisor or manager, and shall not extend beyond five days without subsequent review.
(d) A status review shall be conducted for those minors placed in disciplinary confinement no less than every 24 hours.
(e) Prohibited forms of discipline include:
(1) discipline that does not fit the violation;
(2) corporal punishment;
(3) inmate imposed discipline;
(4) placement in safety cells;
(5) deprivation of food; and,
(6) the adult disciplinary diet.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 94, No. 31.
§1120. Education Program for Minors in Jails.
Note • History
Whenever a minor is held in a Type II or III facility, the facility administrator shall coordinate with the County Department of Education or County Superintendent of Schools to provide education programs as required by Section 48200 of the Education Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 86, No. 32 and Register 87, No. 1.
§1121. Health Education for Minors in Jails.
Note • History
The health administrator for each jail, in cooperation with the facility administrator and the local health officer, shall develop written policies and procedures to assure that age- and sex-appropriate health education and disease prevention programs are offered to minors.
The education program shall be updated as necessary to address current health priorities and meet the needs of the confined population.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history, see Register 86, No. 32 and Register 87, No. 1.
§1122. Reproductive Information and Services for Minors in Jails.
Note • History
The health administrator, in cooperation with the facility administrator, shall develop written policies and procedures to assure that reproductive health services are available to both male and female minors in jails.
Such services shall include, but not be limited to, those prescribed by Welfare and Institutions Code Sections 220, 221 and 222 and Health and Safety Code Section 123450.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Change without regulatory effect amending second paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1123. Health Appraisals/Medical Examinations for Minors in Jails.
Note • History
When a minor is held in a jail, the health administrator, in cooperation with the facility administrator, shall develop policy and procedures to assure that a health appraisal/medical examination:
(a) is received from the sending facility at or prior to the time of transfer; and
(b) is reviewed by designated health care staff at the receiving facility; or,
(c) absent a previous appraisal/examination or receipt of the record, a health appraisal/medical examination, as outlined in Minimum Standards for Juvenile Facilities, Section 1432, Health Appraisals/Medical Examinations is completed on the minor within 96 hours of admission.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1124. Prostheses and Orthopedic Devices for Minors in Jails.
Note • History
The health administrator, in cooperation with the facility administrator and the responsible physician shall develop written policy and procedures regarding the provision, retention and removal of medical and dental prostheses, including eyeglasses and hearing aids for minors in jail.
(a) Prostheses shall be provided when the health of the minor in the jail would otherwise be adversely affected, as determined by the responsible physician.
(b) Procedures for retention and removal of prostheses shall comply with the requirements of Penal Code Section 2656.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1125. Psychotropic Medications for Minors in Jail.
Note • History
The health administrator/responsible physician, in cooperation with the mental health director and the facility administrator, shall develop written policies and procedures governing the use of voluntary and involuntary psychotropic medications for minors.
(a) These policies and procedures shall include, but not be limited to:
(1) protocols for physicians' written and verbal orders for psychotropic medications in dosages appropriate to the minor's need;
(2) limitation to the length of time required for a physician's signature on verbal orders;
(3) the length of time voluntary and involuntary medications may be ordered and administered before re-evaluation by a physician;
(4) provision that minors who are on psychotropic medications prescribed in the community are continued on their medications pending re-evaluation and further determination by a physician;
(5) provision that the necessity for continuation on psychotropic medications is addressed in pre-release planning and prior to transfer to another facility or program; and,
(6) provision for regular clinical/administrative review of utilization patterns for all psychotropic medications, including every emergency situation.
(b) Psychotropic medications shall not be administered to a minor absent an emergency unless informed consent has been given by the parent/guardian or the court.
(1) Minors shall be informed of the expected benefits, potential side effects and alternatives to psychotropic medications.
(2) Absent an emergency, minors may refuse treatment.
(c) Minors found by a physician to be a danger to themselves or others by reason of a mental disorder may be involuntarily given psychotropic medication immediately necessary for the preservation of life or the prevention of serious bodily harm, and when there is insufficient time to obtain consent from the parent, guardian, or court before the threatened harm would occur. It is not necessary for harm to take place or become unavoidable prior to initiating treatment.
(d) Administration of psychotropic medication is not allowed for disciplinary reasons.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of subsection (a)(2) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Article 9. Minors in Temporary Custody in a Law Enforcement Facility
Note • History
The purpose of this article is to establish minimum standards for law enforcement facilities in which minors are held in secure or non-secure custody.
Unless otherwise specified in statute or these regulations, minors lawfully held in local adult detention facilities shall be subject to the regulations and statutes governing those facilities found in Title 15, Division 1, Chapter 1, Subchapter 4, Section 1000 et seq. and Title 24, Part 1, Section 13-102, and Part 2, Section 1231, California Code of Regulations.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New article 9 (sections 1140-1151) and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For prior history of former article 9 (sections 1110-1121), see Register 86, No. 32 and Register 87, No. 1.
2. Change without regulatory effect amending second paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
3. Amendment of first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1141. Minors Arrested for Law Violations.
Note • History
Any minor taken into temporary custody by a peace officer, on the basis that they are a person described by Section 602 of the Welfare and Institutions Code, may be held in secure or non-secure custody within a law enforcement facility that contains a lockup for adults provided that the standards set forth in these regulations are met.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1142. Written Policies and Procedures.
Note • History
The facility administrator shall develop written policies and procedures concerning minors being held in temporary custody which shall address:
(a) suicide risk and prevention;
(b) use of restraints;
(c) emergency medical assistance and services; and,
(d) prohibiting use of discipline.
NOTE
Authority cited: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1143. Care of Minors in Temporary Custody.
Note • History
(a) The following shall be made available to all minors held in temporary custody:
(1) access to toilets and washing facilities;
(2) one snack upon request during term of temporary custody if the minor has not eaten within the past four (4) hours or is otherwise in need of nourishment;
(3) access to drinking water; and,
(4) privacy during consultation with family, guardian, and/or lawyer.
(5) blankets and clothing, as necessary, to assure the comfort of the minor; and,
(6) his or her personal clothing unless the clothing is inadequate, presents a health or safety problem, or is required to be utilized as evidence of an offense.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2 ,Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Repealer of subsection (b), redesignation and amendment of former subsections (b)(1)-(2) to new subsections (a)(5)-(6) and amendment of Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1144. Contact Between Minors and Adult Prisoners.
Note • History
The facility administrator shall establish policies and procedures to restrict contact, as defined in Section 1006, between minors and adults confined in the facility.
In situations where brief or accidental contact may occur, such as booking or facility movement, facility staff (trained in the supervision of inmates) shall maintain a constant, side-by-side presence with the minor or the adult to prevent sustained contact.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of subsections (b) and (b)(2) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1145. Decision on Secure Custody.
Note • History
A minor who is taken into temporary custody by a peace officer on the basis that he or she is a person described by Section 602 of the Welfare and Institutions Code may be held in secure custody in a law enforcement facility that contains a lockup for adults if the minor is 14 years of age or older and if, in the reasonable belief of the peace officer, the minor presents a serious security risk of harm to self or others, as long as all other conditions of secure custody set forth in these standards are met. Any minor in temporary custody who is less than 14 years of age, or who does not in the reasonable belief of the peace officer present a serious security risk of harm to self or others, shall not be placed in secure custody, but may be kept in non-secure custody in the facility as long as all other conditions of non-secure custody set forth in these standards are met.
In making the determination whether the minor presents a serious security risk of harm to self or others, the officer may take into account the following factors:
(a) age, maturity, and delinquent history of the minor;
(b) severity of the offense(s) for which the minor was taken into custody;
(c) minor's behavior, including the degree to which the minor appears to be cooperative or non-cooperative;
(d) the availability of staff to provide adequate supervision or protection of the minor; and,
(e) the age, type, and number of other individuals who are detained in the facility.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading, first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1146. Conditions of Secure Custody.
Note • History
While in secure custody, minors may be locked in a room or other secure enclosure, secured to a cuffing rail, or otherwise reasonably restrained as necessary to prevent escape and protect the minor and others from harm.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading, first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1147. Supervision of Minors in Secure Custody Inside a Locked Enclosure.
Note • History
(a) Minors shall receive adequate supervision which, at a minimum, includes:
(1) constant auditory access to staff by the minor; and,
(2) safety checks, as defined in Section 1006, of the minor by staff of the law enforcement facility, at least once every 30 minutes, which shall be documented.
(b) Males and females shall not be placed in the same locked room unless under constant direct visual observation by staff of the law enforcement facility.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading, subsection (a)(2) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1148. Supervision of Minors in Secure Custody Outside of a Locked Enclosure.
Note • History
Minors held in secure custody outside of a locked enclosure shall not be secured to a stationary object for more than 60 minutes unless no other locked enclosure is available. A staff person from the facility shall provide constant direct visual observation to assure the minor's safety while secured to a stationary object. Securing minors to a stationary object for longer than 60 minutes, and every 30 minutes thereafter, shall be approved by a supervisor. The decision for securing a minor to a stationary object for longer than 60 minutes, and every 30 minutes thereafter shall be based upon the best interests of the minor and shall be documented.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading, section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1149. Criteria for Non-Secure Custody.
Note • History
Minors held in temporary custody, who do not meet the criteria for secure custody as specified in Section 207.1(d) of the Welfare and Institutions Code, may be held in non-secure custody to investigate the case, facilitate release of the minor to a parent or guardian, or arrange for transfer of the minor to an appropriate juvenile facility.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1150. Supervision of Minors in Non-Secure Custody.
Note • History
Minors held in non-secure custody shall receive constant direct visual observation by staff of the law enforcement facility. Entry and release times shall be documented and made available for review. Monitoring a minor using audio, video, or other electronic devices shall never replace constant direct visual observation.
NOTE
Authority cited: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1151. Minors Under the Influence of Any Intoxicating Substance in Secure or Non-Secure Custody.
Note • History
Facility administrators shall develop policies and procedures providing that a medical clearance shall be obtained for minors who are under the influence of drugs, alcohol or any other intoxicating substance to the extent that they are unable to care for themselves.
Supervision of minors in secure custody in a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall include safety checks at least once every 15 minutes until resolution of the intoxicated state or release. These safety checks shall be documented, with actual time of occurrence recorded.
Supervision of minors in secure custody outside of a locked room who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section 1148.
Supervision of minors in nonsecure custody who display outward signs of being under the influence of drugs, alcohol or any other intoxicating substance shall be supervised in accordance with Section 1150.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code; and Section 210.2, Welfare and Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Welfare and Institutions Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
3. Amendment of section heading, section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Article 10. Minors in Court Holding Facilities
Note • History
The purpose of this article is to establish minimum standards for court holding facilities in which minors are held pending appearance in juvenile or criminal court.
Unless otherwise specified in statute or these regulations, minors held in court holding facilities shall be subject to the regulations and statutes governing those facilities found in Title 15, Division 1, Chapter 1, Subchapter 4, Section 1000 et seq. and Title 24, Part I, Section 13-102, and Part 2, Section 1231, California Code of Regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Renumbering of former article 10 to article 11 and new article 10 (sections 1160-1163) and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Change without regulatory effect amending second paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1161. Conditions of Detention.
Note • History
Court holding facilities shall be designed to provide the following:
(a) Separation of minors from adults in accordance with Section 208 of the Welfare and Institutions Code.
(b) Segregation of minors in accordance with an established classification plan.
(c) Secure non-public access, movement within and egress. If the same entrance/exit is used by both minors and adults, movements shall be scheduled in such a manner that there is no opportunity for contact.
An existing court holding facility built in accordance with construction standards at the time of construction shall be considered as being in compliance with this article unless the condition of the structure is determined by the appropriate authority to be dangerous to life, health, or welfare of minors. Upon notification of noncompliance with this section, the facility administrator shall develop and submit a plan for corrective action to the Corrections Standards Authority within 90 days.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of last paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
A sufficient number of personnel shall be employed in each facility to permit unscheduled safety checks of all minors at least twice every 30 minutes, and to ensure the implementation and operation of the activities required by these regulations. There shall be a written plan that includes the documentation of safety checks.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The administrator of a court holding facility shall establish and implement a written plan designed to provide for the safety of staff and minors held at the facility. The plan shall include receiving and transmitting of information regarding minors who represent a risk or hazard to self or others while confined at the facility, and the segregation of such minors to the extent possible within the limits of the court holding facility, and for the separation of minors from any adult inmate(s) as required by Section 208 of the Welfare and Institutions Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 11. Medical/Mental Health Services
§1200. Responsibility for Health Care Services.
Note • History
(a) In Type I, II, III and IV facilities, the facility administrator shall have the responsibility to ensure provision of emergency and basic health care services to all inmates. Medical, dental, and mental health matters involving clinical judgments are the sole province of the responsible physician, dentist, and psychiatrist or psychologist respectively; however, security regulations applicable to facility personnel also apply to health personnel.
Each facility shall have at least one physician available to treat physical disorders. In Type IV facilities, compliance may be attained by providing access into the community; however, in such cases, there shall be a written plan for the treatment, transfer, or referral in the event of an emergency.
(b) In court holding and temporary holding facilities, the facility administrator shall have the responsibility to develop written policies and procedures which ensure provision of emergency health care services to all inmates.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Renumbering of former article 10 to article 11 (sections 1200-1230) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1201. Health Care Services--Type IV Facilities. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Repealer filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
The health authority shall develop and implement a written plan for annual statistical summaries of health care and pharmaceutical services that are provided. The responsible physician shall also establish a mechanism to assure that the quality and adequacy of these services are assessed annually. The plan shall include a means for the correction of identified deficiencies of the health care and pharmaceutical services delivered.
Based on information from these audits, the health authority shall provide the facility administrator with an annual written report on health care and pharmaceutical services delivered.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect (Register 88, No. 17).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of section heading and section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
§1203. Health Care Staff Qualifications.
Note • History
State and/or local licensure and/or certification requirements and restrictions, including those defining the recognized scope of practice specific to the profession, apply to health care personnel working in the facility the same as to those working in the community. Copies of licensing and/or certification credentials shall be on file in the facility or at a central location where they are available for review.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1204. Health Care Staff Procedure.
Note • History
Medical care performed by personnel other than a physician shall be performed pursuant to written protocol or order of the responsible physician.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
§1205. Medical/Mental Health Records.
Note • History
(a) The health authority shall maintain individual, complete and dated health records in compliance with state statute to include, but not be limited to:
(1) receiving screening form/history;
(2) medical/mental health evaluation reports;
(3) complaints of illness or injury;
(4) names of personnel who treat, prescribe, and/or administer/deliver prescription medication;
(5) location where treated; and,
(6) medication records in conformance with section 1216.
(b) The physician/patient confidentiality privilege applies to the medical/mental health record. Access to the medical/mental health record shall be controlled by the health authority or designee.
The health authority shall ensure the confidentiality of each inmate's medical/mental health record file and such files shall be maintained separately from and in no way be part of the inmate's other jail records. The responsible physician or designee shall communicate information obtained in the course of medical/mental health screening and care to jail authorities when necessary for the protection of the welfare of the inmate or others, management of the jail, or maintenance of jail security and order.
(c) Written authorization by the inmate is necessary for transfer of medical/mental health record information unless otherwise provided by law or administrative regulations having the force and effect of law.
(d) Inmates shall not be used for medical/mental health recordkeeping.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect of subsection (a) (Register 88, No. 17).
4. Editorial correction of printing error in subsections (a)(4) and (5) (Register 91, No. 32).
5. Amendment of subsections (a) and (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of subsection (a) and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1206. Health Care Procedures Manual.
Note • History
The health authority shall, in cooperation with the facility administrator, set forth in writing, policies and procedures in conformance with applicable state and federal law, which are reviewed and updated at least every two years and include but are not limited to:
(a) summoning and application of proper medical aid;
(b) contact and consultation with private physicians;
(c) emergency and non-emergency medical and dental services, including transportation;
(d) provision for medically required dental and medical prostheses and eyeglasses;
(e) notification of next of kin or legal guardian in case of serious illness which may result in death;
(f) provision for screening and care of pregnant and lactating women, including prenatal and postpartum information and health care, including but not limited to access to necessary vitamins as recommended by a doctor, information pertaining to childbirth education and infant care, and other services mandated by statute;
(g) screening, referral and care of mentally disordered and developmentally disabled inmates;
(h) implementation of special medical programs;
(i) management of inmates suspected of or confirmed to have communicable diseases;
(j) the procurement, storage, repackaging, labeling, dispensing, administration/delivery to inmates, and disposal of pharmaceuticals;
(k) use of non-physician personnel in providing medical care;
l provision of medical diets;
(m) patient confidentiality and its exceptions;
(n) the transfer of pertinent individualized health care information, or individual documentation that no health care information is available, to the health authority of another correctional system, medical facility, or mental health facility at the time each inmate is transferred and prior notification pursuant to Health and Safety Code Sections 121361 and 121362 for inmates with known or suspected active tuberculosis disease. Procedures for notification to the transferring health care staff shall allow sufficient time to prepare the summary. The summary information shall identify the sending facility and be in a consistent format that includes the need for follow-up care, diagnostic tests performed, medications prescribed, pending appointments, significant health problems, and other information that is necessary to provide for continuity of health care. Necessary inmate medication and health care information shall be provided to the transporting staff, together with precautions necessary to protect staff and inmate passengers from disease transmission during transport.
(o) forensic medical services, including drawing of blood alcohol samples, body cavity searches, and other functions for the purpose of prosecution shall not be performed by medical personnel responsible for providing ongoing care to the inmates.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect of first paragraph and subsection (j) (Register 88, No 17).
4. Amendment to subsections (e) and (f) and new subsection (n) filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
5. Amendment of first paragraph and subsection (n) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
6. Amendment of section heading and subsections (l)-(n) and new subsection (o) filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
7. Amendment of subsections (f) and (n) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
8. Amendment of subsection (l) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
9. Amendment of subsection (f) filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
11. Amendment of first paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1206.5. Management of Communicable Diseases in a Custody Setting.
Note • History
(a) The responsible physician, in conjunction with the facility administrator and the county health officer, shall develop a written plan to address the identification, treatment, control and follow-up management of communicable diseases including, but not limited to, tuberculosis and other airborne diseases. The plan shall cover the intake screening procedures, identification of relevant symptoms, referral for a medical evaluation, treatment responsibilities during incarceration and coordination with public health officials for follow-up treatment in the community. The plan shall reflect the current local incidence of communicable diseases which threaten the health of inmates and staff.
(b) Consistent with the above plan, the health authority shall, in cooperation with the facility administrator and the county health officer, set forth in writing, policies and procedures in conformance with applicable state and federal law, which include, but are not limited to:
(1) the types of communicable diseases to be reported;
(2) the persons who shall receive the medical reports;
(3) sharing of medical information with inmates and custody staff;
(4) medical procedures required to identify the presence of disease(s) and lessen the risk of exposure to others;
(5) medical confidentiality requirements;
(6) housing considerations based upon behavior, medical needs, and safety of the affected inmates;
(7) provisions for inmate consent that address the limits of confidentiality; and,
(8) reporting and appropriate action upon the possible exposure of custody staff to a communicable disease.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 6030, 7501, and 7552, Penal Code.
HISTORY
1. New section filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
2. Amendment of section heading, new subsection (a), designation and amendment of first paragraph to subsection (b), and subsection redesignation with amendments filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1207. Medical Receiving Screening.
Note • History
With the exception of inmates transferred directly within a custody system with documented receiving screening, a screening shall be completed on all inmates at the time of intake. This screening shall be completed in accordance with written procedures and shall include but not be limited to medical and mental health problems, developmental disabilities, and communicable diseases, including, but not limited to, tuberculosis and other airborne diseases. The screening shall be performed by licensed health personnel or trained facility staff.
The facility administrator and responsible physician shall develop a written plan for complying with Penal Code Section 2656 (orthopedic or prosthetic appliance used by inmates).
There shall be a written plan to provide care for any inmate who appears at this screening to be in need of or who requests medical, mental health, or developmental disability treatment.
Written procedures and screening protocol shall be established by the responsible physician in cooperation with the facility administrator.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Sections 2656 and 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of section heading, text and Note filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1207.5. Special Mental Disorder Assessment.
Note • History
An additional mental health screening will be performed, according to written procedures, on women who have given birth within the past year and are charged with murder or attempted murder of their infants. Such screening will be performed at intake and if the assessment indicates postpartum psychosis a referral for further evaluation will be made.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. New section filed 2-27-91; operative 3-29-91 (Register 91, No. 13).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
The health authority, in cooperation with the facility administrator, shall develop a written plan for identifying and/or referring any inmate who appears to be in need of medical, mental health or developmental disability treatment at any time during his/her incarceration subsequent to the receiving screening. The written plan shall also include the assessment and treatment of such inmates as described in Section 1207, Medical Receiving Screening. Assessment and treatment shall be performed by either licensed health personnel or by persons operating under the authority and/or direction of licensed health personnel.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing former section 1208 and adding new section 1208 (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1209. Mental Heath Services and Transfer to Treatment Facility.
Note • History
(a) The health authority, in cooperation with the mental health director and facility administrator, shall establish policies and procedures to provide mental health services. These services shall include but not be limited to:
1. screening for mental health problems;
2. crisis intervention and management of acute psychiatric episodes;
3. stabilization and treatment of mental disorders; and,
4. medication support services.
(b) Unless the county has elected to implement the provisions of Penal Code Section 1369.1, a mentally disordered inmate who appears to be a danger to himself or others, or to be gravely disabled, shall be transferred for further evaluation to a designated Lanterman Petris Short treatment facility designated by the county and approved by the State Department of Mental Health for diagnosis and treatment of such apparent mental disorder pursuant to Penal Code section 4011.6 or 4011.8 unless the jail contains a designated treatment facility. Prior to the transfer, the inmate may be evaluated by licensed health personnel to determine if treatment can be initiated at the correctional facility. Licensed health personnel may perform an onsite assessment to determine if the inmate meets the criteria for admission to an inpatient facility, or if treatment can be initiated in the correctional facility.
(c) If the county elects to implement the provisions of Penal Code Section 1369.1, the health authority, in cooperation with the facility administrator, shall establish policies and procedures for involuntary administration of medications. The procedures shall include, but not be limited to:
1. Designation of licensed personnel, including psychiatrist and nursing staff, authorized to order and administer involuntary medication;
2. Designation of an appropriate setting where the involuntary administration of medication will occur;
3. Designation of restraint procedures and/or devices that may be used to maintain the safety of the inmate and facility staff;
4. Development of a written plan to monitor the inmate's medical condition following the initial involuntary administration of a medication, until the inmate is cleared as a result of an evaluation by, or consultation with, a psychiatrist;
5. Development of a written plan to provide a minimum level of ongoing monitoring of the inmate following return to facility housing. This monitoring may be performed by custody staff trained to recognize signs of possible medical problems and alert medical staff when indicated; and
6. Documentation of the administration of involuntary medication in the inmate's medical record.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 4-2-98; operative 4-2-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
4. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of subsection (b) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
6. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1210. Individualized Treatment Plans.
Note • History
(a) For each inmate treated by a mental health service in a jail, the treatment staff shall develop a written treatment plan. The custody staff shall be informed of the treatment plan when necessary, to ensure coordination and cooperation in the ongoing care of the inmate. This treatment plan shall include referral to treatment after release from the facility when recommended by treatment staff.
(b) For each inmate treated for a major medical problem in a jail, the treatment staff shall develop a written treatment plan. The custody staff shall be informed of the treatment plan when necessary, to ensure coordination and cooperation in the ongoing care of the inmate. This treatment plan shall include referral to treatment after release from the facility when recommended by treatment staff.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
There shall be written policies and procedures developed by the facility administrator, in cooperation with the health authority, which provides for a daily sick call conducted for all inmates or provision made that any inmate requesting medical/mental health attention be given such attention.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
The responsible physician shall develop a written plan for the control and treatment of vermin-infested inmates. There shall be written, medical protocols, signed by the responsible physician, for the treatment of persons suspected of being infested or having contact with a vermin-infested inmate.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1213. Detoxification Treatment.
Note • History
The responsible physician shall develop written medical policies on detoxification which shall include a statement as to whether detoxification will be provided within the facility or require transfer to a licensed medical facility. The facility detoxification protocol shall include procedures and symptoms necessitating immediate transfer to a hospital or other medical facility.
Facilities without medically licensed personnel in attendance shall not retain inmates undergoing withdrawal reactions judged or defined in policy, by the responsible physician, as not being readily controllable with available medical treatment. Such facilities shall arrange for immediate transfer to an appropriate medical facility.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
The health authority shall set forth in writing a plan for informed consent of inmates in a language understood by the inmate. Except for emergency treatment, as defined in Business and Professions Code Section 2397 and Title 15, Section 1217, all examinations, treatments and procedures affected by informed consent standards in the community are likewise observed for inmate care. In the case of minors, or conservatees, the informed consent of parent, guardian or legal custodian applies where required by law. Any inmate who has not been adjudicated to be incompetent may refuse non-emergency medical and mental health care. Absent informed consent in non-emergency situations, a court order is required before involuntary medical treatment can be administered to an inmate.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Note • History
The facility administrator shall develop written policies and procedures to ensure emergency and medically required dental care is provided to each inmate, upon request, under the direction and supervision of a dentist, licensed in the state.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
§1216. Pharmaceutical Management.
Note • History
(a) The health authority in consultation with a pharmacist and the facility administrator, shall develop written plans, establish procedures, and provide space and accessories for the secure storage, the controlled administration, and disposal of all legally obtained drugs. Such plans, procedures, space and accessories shall include, but not be limited to, the following:
(1) securely lockable cabinets, closets, and refrigeration units;
(2) a means for the positive identification of the recipient of the prescribed medication;
(3) procedures for administration/delivery of medicines to inmates as prescribed;
(4) confirming that the recipient has ingested the medication or accounting for medication under self-administration procedures outlined in Section 1216(d);
(5) that prescribed medications have or have not been administered, by whom, and if not, for what reason;
(6) prohibiting the delivery of drugs by inmates;
(7) limitation to the length of time medication may be administered without further medical evaluation; and,
(8) limitation to the length of time required for a physician's signature on verbal orders.
(9) A written report shall be prepared by a pharmacist, no less than annually, on the status of pharmacy services in the institution. The pharmacist shall provide the report to the health authority and the facility administrator.
(b) Consistent with pharmacy laws and regulations, the health authority shall establish written protocols that limit the following functions to being performed by the identified personnel:
(1) Procurement shall be done by a physician, dentist, pharmacist, or other persons authorized by law.
(2) Storage of medications shall assure that stock supplies of legend medications shall be accessed only by licensed health personnel. Supplies of legend medications that have been dispensed and supplies of over-the-counter medications may be accessed by either licensed or non-licensed personnel.
(3) Repackaging shall only be done by a physician, dentist, pharmacist, or other persons authorized by law.
(4) Preparation of labels can only be done by a physician, dentist, pharmacist or other persons, either licensed or non-licensed, provided the label is checked and affixed to the medication container by the physician, dentist, or pharmacist before administration or delivery to the inmate. Labels shall be prepared in accordance with section 4076, Business and Professions Code.
(5) Dispensing shall only be done by a physician, dentist, pharmacist, or persons authorized by law.
(6) Administration of medication shall only be done by licensed health personnel who are authorized to administer medication acting on the order of a prescriber.
(7) Delivery of medication may be done by either licensed or non-licensed personnel, e.g., custody staff, acting on the order of a prescriber.
(8) Disposal of legend medication shall be done in accordance with pharmacy laws and regulations and requires any combination of two of the following classifications: physician, dentist, pharmacist, or registered nurse. Controlled substances shall be disposed of in accordance with the Drug Enforcement Administration disposal procedures.
(c) Policy and procedures on “over-the-counter” medications shall include, but not be limited to, how they are made available, documentation when delivered by staff and precautions against hoarding large quantities.
(d) Policy and procedures may allow inmate self-administration of prescribed medications under limited circumstances. Policies and procedures shall include but are not limited to the following considerations:
(1) Medications permitted for self-administration are limited to those with no recognized abuse potential. Medications for treatment of tuberculosis, psychotropic medication, controlled substances, injectables and any medications for which documentation of ingestion is essential are excluded from self-administration.
(2) Inmates with histories of frequent rule violations of any type, or who are found to be in violation of rules regarding self-administration, are excluded from self-administration.
(3) Prescribing health care staff document that each inmate participating in self-administration is capable of understanding and following the rules of the program and instructions for medication use.
(4) Provisions are made for the secure storage of the prescribed medication when it is not on the inmate's person.
(5) Provisions are made for the consistent enforcement of self-medication rules by both custody and health care staff, with systems of communication among them when either one finds that an inmate is in violation of rules regarding self-administration.
(6) Provisions are made for health care staff to perform documented assessments of inmate compliance with self-administration medication regimens. Compliance evaluations are done with sufficient frequency to guard against hoarding medication and deterioration of the inmate's health.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect (Register 88, No. 17).
4. Amendment of subsections (a), (a)(9) and (b) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Amendment of section heading and section filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
§1217. Psychotropic Medications.
Note • History
The responsible physician, in cooperation with the facility administrator, shall develop written policies and procedures governing the use of psychotropic medications. An inmate found by a physician to be a danger to him/herself or others by reason of mental disorders may be involuntarily given psychotropic medication appropriate to the illness on an emergency basis. Psychotropic medication is any medication prescribed for the treatment of symptoms of psychoses and other mental and emotional disorders. An emergency is a situation in which action to impose treatment over the inmate's objection is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impracticable to first gain consent. It is not necessary for harm to take place or become unavoidable prior to treatment.
If psychotropic medication is administered during an emergency, such medication shall be only that which is required to treat the emergency condition. The medication shall be prescribed by a physician following a clinical evaluation. The responsible physician shall develop a protocol for the supervision and monitoring of inmates involuntarily receiving psychotropic medication.
Psychotropic medication shall not be administered to an inmate absent an emergency unless the inmate has given his or her informed consent in accordance with Welfare and Institutions Code Section 5326.2, or has been found to lack the capacity to give informed consent consistent with the county's hearing procedures under the Lanterman-Petris-Short Act for handling capacity determinations and subsequent reviews.
There shall be a policy which limits the length of time both voluntary and involuntary psychotropic medications may be administered and a plan of monitoring and re-evaluating all inmates receiving psychotropic medications, including a review of all emergency situations.
The administration of psychotropic medication is not allowed for disciplinary reasons.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment of second paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
6. Amendment of second paragraph and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
§1218. Inmate Deaths. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Editorial correction of printing error in first paragraph (Register 91, No. 32).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Repealer filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1219. Suicide Prevention Program.
Note • History
The facility administrator and the health authority shall develop a written plan for a suicide prevention program designed to identify, monitor, and provide treatment to those inmates who present a suicide risk.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect adding new section 1219 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
First aid kit(s) shall be available in all facilities. The responsible physician shall approve the contents, number, location and procedure for periodic inspection of the kit(s). In Court and Temporary Holding facilities, the facility administrator shall have the above approval authority, pursuant to Section 1200 of these regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former Section 1281 to Section 1220 (Register 86, No. 32).
2. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
Note • History
The responsible physician, in cooperation with the food services manager and the facility administrator, shall develop written procedures for medical screening of inmate food service workers prior to working in the facility kitchen. Additionally, there shall be written procedures for education and ongoing monitoring and cleanliness of these workers in accordance with standards set forth in Health and Safety Code, California Retail Food Code.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Change without regulatory effect renumbering and amending former section 1244 to section 1230 (Register 86, No. 32).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Article 12. Food
Note • History
In Temporary Holding, Type I, II, and III facilities, and those Type IV facilities where food is served, food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food must be served to inmates if more than 14 hours pass between meals. Additionally, supplemental food must be served to inmates on medical diets in less than a 14-hour period if prescribed by the responsible physician.
A minimum of fifteen minutes shall be allowed for the actual consumption of each meal except for those inmates on medical diets where the responsible physician has prescribed additional time.
Provisions shall be made for inmates who may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and inmates on medical diets shall be provided with their prescribed meal.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Renumbering of former article 11 to article 12 (sections 1240-1249) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
6. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
Note • History
The minimum diet provided shall be based upon the nutritional and caloric requirements found in the 2011 Dietary Reference Intakes (DRI) of the Food and Nutrition Board, Institute of Medicine of the National Academies, the 2008 California Daily Food Guide, and the 2010 Dietary Guidelines for Americans. Facilities electing to provide vegetarian diets, and facilities that provide religious diets, shall also conform to these nutrition standards. The nutritional requirements for the minimum diet are specified in the following subsections. A daily or weekly average of the food group's requirement is acceptable. A wide variety of food should be served.
(a) Protein Group. Includes beef, veal, lamb, pork, poultry, fish, eggs, cooked dry beans, peas, lentils, nuts, peanut butter and textured vegetable protein (TVP). One serving equals 14 grams or more of protein; the daily requirements shall be equal to three servings (a total of 42 grams per day or 294 grams per week). In addition, there shall be a requirement to serve a fourth serving from the legumes three days a week.
(b) Dairy Group. Includes milk (fluid, evaporated or dry; nonfat, 1% or 2% reduced fat, etc.); cheese (cottage, cheddar, etc.); yogurt; ice cream or ice milk; and pudding. A serving is equivalent to 8 oz. of fluid milk and provides at least 250 mg. of calcium. All milk shall be pasteurized and fortified with Vitamins A and D. The daily requirement is three servings. One serving can be from a fortified food containing at least 150 mg. of calcium. For persons 15-17 years of age, or pregnant and lactating women, the requirement is four servings of milk or milk products.
(c) Vegetable-Fruit Group. Includes fresh, frozen, dried and canned vegetables and fruits. One serving equals: 1/2 cup vegetable or fruit; 6 ounces of 100% juice; 1 medium apple, orange, banana, or potato; 1/2 grapefruit; or 1/4 cup dried fruit. The daily requirement of fruits and vegetables shall be five servings. At least one serving shall be from each of the following three categories:
(1) One serving of a fresh fruit or vegetable per day, or seven (7) servings per week.
(2) One serving of a Vitamin C source containing 30 mg. or more per day or seven (7) servings per week.
(3) One serving of a Vitamin A source, fruit or vegetable, containing 200 micrograms Retional Equivalents (RE) or more per day, or seven servings per week.
(d) Grain Group. Includes bread, rolls, pancakes, sweet rolls, ready-to-eat cereals, cooked cereals, corn bread, pasta, rice, tortillas, etc. and any food item containing whole or enriched grains. At least three servings from this group must be made with some whole grains. The daily requirements shall be a minimum of six servings.
Providing only the minimum servings outlined in this regulation is not sufficient to meet the inmates' caloric requirements. Additional servings from the dairy, vegetable-fruit, and bread-cereal groups must be provided in amounts to meet caloric requirements. In keeping with chronic disease prevention goals, total dietary fat should not exceed 30 percent of total calories on a weekly basis. Fat shall be added only in minimum amounts necessary to make the diet palatable.
NOTE
Authority cited: Sections 6024 and 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of first paragraph and subsections (a) and (c)(3) filed 4-2-98; operative 4-2-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).
5. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
7. Amendment of first paragraph and subsections (c)-(d) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
8. Amendment of section and Note filed 8-20-2012; operative 9-19-2012 (Register 2012, No. 34).
Note • History
Menus in Type II and III facilities, and those Type IV facilities where food is served, shall be planned at least one month in advance of their use. Menus shall be planned to provide a variety of foods, thus preventing repetitive meals. Menus shall be approved by a registered dietitian before being used.
If any meal served varies from the planned menu, the change shall be noted in writing on the menu and/or production sheet.
Menus, as planned, including changes, shall be evaluated by a registered dietitian at least annually.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
Note • History
Facilities shall have a written food service plan that shall comply with the applicable California Retail Food Code. In facilities with an average daily population of 100 or more, there shall be employed or available, a trained experienced food services manager to prepare and implement a food service plan. In facilities of less than an average daily population of 100 that do not employ or have a food services manager available, the facility administrator shall prepare a food service plan. The plan shall include, but not limited to, the following policies and procedures:
(a) menu planning;
(b) purchasing;
(c) storage and inventory control;
(d) food preparation;
(e) food serving;
(f) transporting food;
(g) orientation and ongoing training;
(h) personnel supervision;
(i) budgets and food cost accounting;
(j) documentation and record keeping;
(k) emergency feeding plan;
(l) waste management; and
(m) maintenance and repair.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of subsection (a) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment of section heading and section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
6. Amendment of first paragraph filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
§1245. Kitchen Facilities, Sanitation, and Food Storage.
Note • History
(a) Kitchen facilities, sanitation, and food preparation, service, and storage shall comply with standards set forth in Health and Safety Code, Division 104, Part 7, Chapters 1-13, Sections 113700 et seq. California Retail Food Code.
(b) In facilities where inmates prepare meals for self-consumption or where frozen meals or pre-prepared food from other permitted food facilities (see Health and Safety Code Section 114381) are (re)heated and served, the following applicable California Retail Food Code standards may be waived by the local health officer:
(1) H & S Sections 114130-114141;
(2) H & S Sections 114099.6, 114095-114099.5, 114101-114109, 114123, and 114125, if a domestic or commercial dishwasher capable of providing heat to the surface of the utensils of a temperature of at least 165 degrees Fahrenheit, is used for the purpose of cleaning and sanitizing multi-service utensils and multi-service consumer utensils;
(3) H & S Sections 114149-114149.3 except that, regardless of such a waiver, the facility shall provide mechanical ventilation sufficient to remove gases, odors, steam, heat, grease, vapors and smoke from the kitchen;
(4) H & S Sections 114268-114269; and,
(5) H & S Sections 114279-114282.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Designation and amendment of subsection (a) and new subsections (b)-(b)(5) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
5. Amendment of subsections (b)(1)-(5) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
6. Amendment of subsections (b)(1)-(5) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
7. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
8. Change without regulatory effect amending subsection (b)(4) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1246. Food Serving and Supervision.
Note • History
Policies and procedures shall be developed and implemented to ensure that appropriate work assignments are made and food handlers are adequately supervised. Food shall be prepared and served only under the immediate supervision of a staff member.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment of section heading and section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1247. Disciplinary Isolation Diet.
Note • History
(a) A disciplinary isolation diet which is nutritionally balanced may be served to an inmate. No inmate receiving a prescribed medical diet is to be placed on a disciplinary isolation diet without review by the responsible physician or pursuant to a written plan approved by the physician. Such a diet shall be served twice in each 24 hour period and shall consist of one-half of the loaf (or a minimum of 19 oz. cooked loaf) described below or other equally nutritious diet, along with two slices of whole wheat bread and at least one quart of drinking water if the cell does not have a water supply. The use of disciplinary isolation diet shall constitute an exception to the three-meal-a-day standard. Should a facility administrator wish to provide an alternate disciplinary diet, such a diet shall be submitted to the Corrections Standards Authority for approval.
(b) The disciplinary diet loaf shall consist of the following:
2-1/2 oz. nonfat dry milk
4-1/2 oz. raw grated potato
3 oz. raw carrots, chopped or grated fine
1-1/2 oz. tomato juice or puree
4-1/2 oz. raw cabbage, chopped fine
7 oz. lean ground beef, turkey or rehydrated, canned, or frozen Textured Vegetable Protein (TVP)
2-1/2 fl. oz. oil
1-1/2 oz. whole wheat flour
1/4 tsp. salt
4 tsp. raw onion, chopped
1 egg
6 oz. dry red beans, pre-cooked before baking (or 16 oz. canned or cooked red kidney beans)
4 tsp. chili powder
Shape into a loaf and bake at 350-375 degrees for 50-70 minutes.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of section heading and text filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
5. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
6. Amendment of subsection (a) filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
The responsible physician, in consultation with the facility administrator, shall develop written policies and procedures that identify the individual(s) who are authorized to prescribe a medical diet. The medical diets utilized by a facility shall be planned, prepared and served with consultation from a registered dietitian. The facility manager shall comply with any medical diet prescribed for an inmate.
The facility manager and responsible physician shall ensure that the medical diet manual, which includes sample menus of medical diets, shall be available in both the medical unit and the food service office for reference and information. A registered dietitian shall review, and the responsible physician shall approve, the diet manual on an annual basis.
Pregnant women shall be provided a balanced, nutritious diet approved by a doctor.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of section heading and text filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of section heading and section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
5. Amendment filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
§1249. Food Cost Accounting System. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Repealer filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Article 13. Inmate Clothing and Personal Hygiene
§1260. Standard Institutional Clothing.
Note • History
The standard issue of climatically suitable clothing to inmates held after arraignment in all but Court Holding, Temporary Holding and Type IV facilities shall include, but not be limited to:
(a) clean socks and footwear;
(b) clean outergarments; and,
(c) clean undergarments;
(1) for males--shorts and undershirt, and
(2) for females--bra and two pairs of panties.
The inmates' personal undergarments and footwear may be substituted for the institutional undergarments and footwear specified in this regulation. This option notwithstanding, the facility has the primary responsibility to provide the personal undergarments and footwear.
Clothing shall be reasonably fitted, durable, easily laundered and repaired.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of initial paragraph (Register 86, No. 32).
3. Amendment of subsection (c)(2) and following paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Renumbering of former article 12 to article 13 (sections 1260-1267) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
5. Change without regulatory effect amending subsection (b) filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Note • History
Provision shall be made to issue suitable additional clothing, essential for inmates to perform such special work assignments as food service, medical, farm, sanitation, mechanical, and other specified work.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
Note • History
There shall be written policies and procedures developed by the facility administrator for the scheduled exchange of clothing. Unless work, climatic conditions, illness, or California Retail Food Code necessitates more frequent exchange, outergarments, except footwear, shall be exchanged at least once each week. Undergarments and socks shall be exchanged twice each week.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment of section filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
5. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
Note • History
There shall be a quantity of clothing, bedding, and linen available for actual and replacement needs of the inmate population.
Written policy and procedures shall specify handling of laundry that is known or suspected to be contaminated with infectious material.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. New second paragraph filed 1-26-98; operative 2-25-98 (Register 98, No. 5).
§1264. Control of Vermin in Inmates' Personal Clothing.
Note • History
There shall be written policies and procedures developed by the facility administrator to control the contamination and/or spread of vermin in all inmates' personal clothing. Infested clothing shall be cleaned, disinfected, or stored in a closed container so as to eradicate or stop the spread of the vermin.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Change without regulatory effect amending section heading and section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1265. Issue of Personal Care Items.
Note • History
There shall be written policies and procedures developed by the facility administrator for the issue of personal hygiene items. Each female inmate shall be issued sanitary napkins and/or tampons as needed. Each inmate to be held over 24 hours who is unable to supply himself/herself with the following personal care items, because of either indigency or the absence of an inmate canteen, shall be issued:
(a) toothbrush,
(b) dentifrice,
(c) soap,
(d) comb, and
(e) shaving implements.
Inmates shall not be required to share any personal care items listed in items “a” through “d.”
Inmates will not share disposable razors. Double edged safety razors, electric razors, and other shaving instruments capable of breaking the skin, when shared among inmates, must be disinfected between individual uses by the method prescribed by the State Board of Barbering and Cosmetology in Sections 979 and 980, Division 9, Title 16, California Code of Regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of last paragraph filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
Note • History
There shall be written policies and procedures developed by the facility administrator for inmate showering/bathing. Inmates shall be permitted to shower/bathe upon assignment to a housing unit and at least every other day or more often if possible.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
Note • History
(a) Hair care services shall be available.
(b) Inmates, except those who may not shave for reasons of identification in court, shall be allowed to shave daily and receive hair care services at least once a month. The facility administrator may suspend this requirement in relation to inmates who are considered to be a danger to themselves or others.
(c) Equipment shall be disinfected, after each use, by a method approved by the State Board of Barbering and Cosmetology to meet the requirements of Title 16, Division 9, Sections 979 and 980, California Code of Regulations.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect of subsection (c) (Register 86, No. 32)
3. Amendment of subsection (c) filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Amendment of subsections (b) and (c) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
Article 14. Bedding and Linens
§1270. Standard Bedding and Linen Issue.
Note • History
The standard issue of clean suitable bedding and linens, for each inmate entering a living area who is expected to remain overnight, shall include, but not be limited to:
(a) one serviceable mattress which meets the requirements of Section 1272 of these regulations;
(b) one mattress cover or one sheet;
(c) one towel; and,
(d) one blanket or more depending upon climatic conditions.
Temporary Holding facilities which hold persons longer than 12 hours shall meet the requirements of (a), (b) and (d) above.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 42).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment of final paragraph filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
4. Renumbering of former article 13 to article 14 (sections 1270-1272) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
5. Amendment of subsection (d) filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
§1271. Bedding and Linen Exchange.
Note • History
There shall be written policies and procedures developed by the facility administrator for the scheduled exchange of laundered and/or sanitized bedding and linen issued to each inmate housed. Washable items such as sheets, mattress covers, and towels shall be exchanged for clean replacement at least once each week. If a top sheet is not issued, blankets shall be laundered or dry cleaned at least once a month or more often if necessary. If a top sheet is issued, blankets shall be laundered or dry cleaned at least every three months.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 42).
2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
3. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
Note • History
Any mattress issued to an inmate in any facility shall be enclosed in an easily cleaned, non-absorbent ticking, and conform to the size of the bunk as referenced in Title 24, Part 2, Section 1231.3.5, Beds. Any mattress purchased for issue to an inmate in a facility which is locked to prevent unimpeded access to the outdoors shall be certified by the manufacturer as meeting all requirements of the State Fire Marshal and the Bureau of Home Furnishings' test standard for penal mattresses at the time of purchase.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Amendment filed 9-30-82; effective thirtieth day thereafter (Register 82, No. 40).
2. Change without regulatory effect (Register 86, No. 32).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
5. Change without regulatory effect amending section filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
Article 15. Facility Sanitation and Safety
§1280. Facility Sanitation, Safety, and Maintenance.
Note • History
The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of cleanliness, repair and safety throughout the facility. Such a plan shall provide for a regular schedule of housekeeping tasks and inspections to identify and correct unsanitary or unsafe conditions or work practices which may be found.
Medical care housing as described in Title 24, Part 2, Section 1231.2.14, shall be cleaned and sanitized according to policies and procedures established by the health authority.
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 42).
2. Change without regulatory effect (Register 86, No. 32).
3. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations filed 3-1-89 (Register 89, No. 10).
4. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31).
5. Change without regulatory effect amending last paragraph filed 9-7-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 36).
6. Renumbering of former article 14 to article 15 (sections 1280-1282) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
7. Change without regulatory effect amending second paragraph filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).
§1281. First Aid Kit(s). [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 42).
2. Change without regulatory effect renumbering Section 1281 to Section 1220 (Register 86, No. 32).
§1282. Self-Contained Breathing Apparatus. [Repealed]
Note • History
NOTE
Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40).
2. Change without regulatory effect repealing Section 1282 (Register 86, No. 32).
Subchapter 5. Minimum Standards for Juvenile Facilities
Article 1. General Instructions
Note • History
If any article, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the State Corrections Standards Authority, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of these regulations.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New subchapter 5 (articles 1-15), article 1 (sections 1300-1304) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1301. Other Standards and Requirements.
Note • History
Nothing contained in the standards and requirements hereby fixed shall be construed to prohibit a city, county, or city and county agency operating a local juvenile facility from adopting standards and requirements governing its own employees and facilities provided such standards and requirements meet or exceed and do not conflict with these standards and requirements. Nor shall these regulations be construed as authority to violate any state fire safety standard, building standard, or applicable statutes.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The following definitions shall apply:
“Administering medication,” as it relates to pharmaceutical management, means the act by which a single dose of medication is given to a patient by licensed health care staff. The single dose of medication may be taken either from stock (undispensed) or dispensed supplies.
“Alternate means of compliance” means a process for meeting or exceeding the intent of the standards in an innovative way as approved by the Corrections Standards Authority pursuant to an application.
“Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for the formal decision concerning matters raised pursuant to the purposes set forth in these regulations. Such hearing may be conducted using oral and/or written testimony as specified by the Executive Director of the Corrections Standards Authority or the Corrections Standards Authority.
“Appellant” means a county or city which files a request for an appeal hearing.
“Authorized representative” means an individual authorized by the appellant to act as its representative in any or all aspects of the hearing.
“CSA” means the State Corrections Standards Authority, which acts by and through its executive director, deputy directors, and field representatives.
“Camp” means a juvenile camp, ranch, forestry camp or boot camp established in accordance with Section 881 of the Welfare and Institutions Code, to which minors made wards of the court on the grounds of fitting the description in Section 602 of the Welfare and Institutions Code may be committed.
“Cell Extraction” means the forceful removal of a minor from a room.
“Child supervision staff” means a juvenile facility employee, whose duty is primarily the supervision of minors. Administrative, supervisory, food services, janitorial or other auxiliary staff is not considered child supervision staff.
“Committed” means placed in a jail or juvenile facility pursuant to a court order for a specific period time, independent of, or in connection with, other sentencing alternatives.
“Contraband” is any object, writing or substance, the possession of which would constitute a crime under the laws of the State of California, pose a danger within a juvenile facility, or would interfere with the orderly day-to-day operation of a juvenile facility.
“Control Room” is a continuously staffed secure area within the facility that contains staff responsible for safety, security, emergency response, communication, electronics and movement.
“Court holding facility for minors” means a local detention facility constructed within a court building used for the confinement of minors or minors and adults for the purpose of a court appearance, for a period not to exceed 12 hours.
“Delivering medication,” as it relates to pharmaceutical management, means the act of providing one or more doses of a prescribed and dispensed medication to a patient.
“Developmentally disabled” means those persons who have a disability which originates before an individual attains age 18, continues, or can be expected to continue indefinitely, and constitutes a substantial disability for that individual. This term includes mental retardation, cerebral palsy, epilepsy, and autism, as well as disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for mentally retarded individuals.
“Direct visual observation” means staff must personally see minor's movement and/or skin. Audio/video monitoring may supplement but not substitute for direct visual observation.
“Direct visual supervision” means staff constantly in the presence of the minor. Audio/video monitoring may supplement but not substitute for direct visual supervision.
“Dispensing,” as it relates to pharmaceutical management, means the interpretation of the prescription order, the preparation, repackaging, and labeling of the drug based upon a prescription from a physician, dentist, or other prescriber authorized by law.
“Disposal,” as it relates to pharmaceutical management, means the destruction of medication or its return to the manufacturer or supplier.
“DNA” or Deoxyribonucleic acid means a chromosomal double-stranded molecule that exists in each living cell. DNA determines an individual's hereditary characteristics and can be used to distinguish and identify an individual from another person. This becomes critical when blood, hair, skin, or any other part of the body is used to prove one's involvement or lack of involvement, in a crime scene.
“Emergency” means a significant disruption of normal facility procedure, policy or operation caused by civil disorder, single incident of mass arrest of juveniles or natural disasters such as flood, fire or earthquake; and which requires immediate action to avert death or injury and to maintain security.
“Executive Director” means the Executive Director of the Corrections Standards Authority.
“Exercise” means an activity that requires physical exertion of the large muscle group.
“Facility administrator” means chief probation officer, sheriff, marshal, chief of police or other official charged by law with administration of the facility.
“Facility manager” means director, superintendent, police or sheriff commander or other person in charge of the day-to-day operation of a facility holding minors.
“Filing date” means the date a request for an appeal hearing is received by the Executive Director of the Corrections Standards Authority.
“504 plan” means a written educational plan developed by a group of educators, administrators, parents and other relevant participants pursuant to Section 504 of the Federal Rehabilitation Act of 1973; Title 29 of the United States Code, Section 794; and Title 34 of the Code of Federal Regulations, Part 104, that addresses the needs of a disabled student, as defined under section 504.
“Furlough” means the conditional or temporary release of a minor from the facility.
“Group Punishment” means a group of uninvolved minors is denied programming due to the actions of one or more minors.
“Health administrator” means that individual or agency that is designated with responsibility for health care policy pursuant to a written agreement, contract or job description. The health administrator may be a physician, an individual or a health agency. In those instances where medical and mental health services are provided by separate entities, decisions regarding mental health services shall be made in cooperation with the mental health director. When the administrator is other than a physician, final clinical judgements rest with a designated responsible physician.
“Health care” means medical, mental health and dental services.
“Health care clearance” means a non-confidential statement which indicates to child supervision staff that there are no health contraindications to a minor being admitted to a facility and specifies any limitations to full program participation.
“Hearing panel” means a panel comprised of three members of the Corrections Standards Authority who shall be selected by the Chairman at the time an appeal is filed. A fourth member may be designated as alternate. Members designated to the hearing panel shall not be employed by, or citizens of, the county or city submitting an appeal.
“Individual Education Program” (IEP) means a written statement determined in a meeting of the individualized education program team pursuant to Education Code Section 56345.
“Intensive Supervision Unit” within a camp means a secure unit that shall comply with all requirements for a Special Purpose Juvenile Hall.
“Juvenile facility” means a juvenile hall, juvenile home, ranch or camp, forestry camp, regional youth education facility, boot camp or special purpose juvenile hall.
“Juvenile hall” means a county facility designed for the reception and temporary care of minors detained in accordance with the provisions of this subchapter and the juvenile court law.
“Labeling,” as it relates to pharmaceutical management, means the act of preparing and affixing an appropriate label to a medication container.
“Legend drugs” are any drugs defined as “dangerous drugs” under Chapter 9, Division 2, Section 4211 of the California Business and Professions Code. These drugs bear the legend, “Caution Federal Law Prohibits Dispensing Without a Prescription.” The Food and Drug Administration (FDA) has determined, because of toxicity or other potentially harmful effects, that these drugs are not safe for use except under the supervision of a health care practitioner licensed by law to prescribe legend drugs.
“Licensed health care personnel” means those individuals who are licensed by the State to perform specified functions within a defined scope of practice. This includes but is not limited to the following classifications of personnel: Physician/Psychiatrist, Dentist, Pharmacist, Physician's Assistant, Registered Nurse/Nurse Practitioner/Public Health Nurse, Licensed Vocational Nurse, and Psychiatric Technician.
“Living unit” shall be a self-contained unit containing locked sleeping rooms, single and double occupancy sleeping rooms, or dormitories, day room space, water closets, wash basins, drinking fountains and showers commensurate to the number of minors housed. A living unit shall not be divided by any permanent or temporary barrier that hinders direct access, supervision or immediate intervention or other action if needed.
“Local Health Officer” means that licensed physician who is appointed by the Board of Supervisors pursuant to Health and Safety Code Section 101000 to carry out duly authorized orders and statutes related to public health within his/her jurisdiction.
“Maximum capacity” means the number of minors that can be housed at any one time in a juvenile hall, camp, ranch, home, forestry camp, regional youth education facility or boot camp in accordance with provisions in this subchapter.
“Mental Health Director” means that individual who is designated by contract, written agreement or job description to have administrative responsibility for the mental health program. The health administrator shall work in cooperation with the mental health director to develop and implement mental health policies and procedures.
“Minimum Standards for Local Detention Facilities” means those regulations within Title 15, Division 1, Subchapter 4, Section 1000 et seq. of the California Code of Regulations and Title 24, Part 1, Section 13-102, and Part 2, Section 470A of the California Code of Regulations, as adopted by the Corrections Standards Authority.
“Minor” means a person under 18 years of age and includes those persons whose cases are under the jurisdiction of the adult criminal court.
“New Generation design” means a design concept for detention facilities in which housing cells, dormitories or sleeping rooms are positioned around the perimeter of a common dayroom, forming a housing/living unit. Generally, the majority of services for each housing/living unit (such as dining, medical exam/sick call, programming, school, etc.) occur in specified locations within the unit.
“Notice of decision” means a written statement by the Executive Director or the Corrections Standards Authority which contains the formal decision of the Executive Director of the CSA and the reason for that decision.
“On-site health care staff” means licensed, certified or registered health care personnel who provide regularly scheduled health care services at the facility pursuant to a contract, written agreement or job description. It does not extend to emergency medical personnel or other health care personnel who may be on-site to respond to an emergency or an unusual situation.
“Over-the-counter (OTC) drugs,” as it relates to pharmaceutical management, are medications which do not require a prescription (non-legend).
“Pilot project” means an initial short-term method to test or apply an innovation or concept related to the operation, management or design of a juvenile facility, jail or lockup pursuant to an application to, and approval by, the Corrections Standards Authority.
“Primary responsibility” is the ability of a child supervision staff member to independently supervise one or more minors.
“Procurement,” as it relates to pharmaceutical management, means the system for ordering and obtaining medications for facility stock.
“Proposed decision” means a written recommendation from the hearing panel/hearing officer to the full Corrections Standards Authority containing a summary of facts and a recommended decision on an appeal.
“Prostheses” means artificial devices to replace missing body parts or to compensate for defective bodily function. Prostheses are distinguished from slings, crutches, or other similar assistive devices.
“Psychotropic medication” means those drugs whose purpose is to have an effect on the central nervous system to impact behavior or psychiatric symptoms. Psychotropic medications include but are not limited to anti-psychotic, antidepressant, lithium carbonate and anxiolytic drugs, as well as anti-convulsants or any other medication when used to treat psychiatric conditions. Drugs used to reduce the toxic side effects of psychotropic medications are not included.
“Recreation” means activities that occupy the attention and offer the opportunity for relaxation. Such activities may include ping-pong, TV, reading, board games, letter writing.
“Regional facility” means a facility serving two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities and financial obligations of all parties.
“Remodeling” means to alter the facility structure by adding, deleting or moving any of the building's components thereby affecting any of the spaces specified in Title 24, Section 460A.
“Repackaging,” as it relates to pharmaceutical management, means transferring medications from the original manufacturers' container to another properly labeled container.
“Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken, requesting a hearing on the matter, and filed with the Executive Director of the Corrections Standards Authority.
“Responsible physician” means that physician who is appropriately licensed by the State and is designated by contract, written agreement or job description to have responsibility for policy development in medical, dental and mental health matters involving clinical judgements. The responsible physician may also be the health administrator.
“Security glazing” means a glass/polycarbonate composite glazing material designed for use in detention facility doors and windows and intended to withstand measurable, complex loads from deliberate and sustained attacks in a detention environment.
“Shall” is mandatory; “may” is permissive.
“Special purpose juvenile hall” means a county facility used for the temporary confinement of a minor, not to exceed 96 hours, prior to transfer to a full service juvenile facility or release.
“Status offender” means a minor alleged or adjudged to be a person described in Section 601 of the Welfare and Institutions Code.
“Storage,” as it relates to pharmaceutical management, means the controlled physical environment used for the safekeeping and accounting of medications.
“Supervisory staff” means a staff person whose primary duties may include, but are not limited to, scheduling and evaluating subordinate staff, providing on-the-job training, making recommendations for promotion, hiring and discharge of subordinate staff, recommending disciplinary actions, and overseeing subordinate staff work. Supervisory staff shall not be included in the minor to supervision staff ratio, although some of their duties could include the periodic supervision of minors.
“Use of force” means an immediate means of overcoming resistance and controlling the threat of imminent harm to self or others.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section filed 6-18-2007 including agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Note • History
(a) The Corrections Standards Authority may, upon application of a city, county or city and county, grant pilot project status to a program, operational innovation or new concept related to the operation and management of a local juvenile facility. An application for a pilot project shall include, at a minimum, the following information:
(1) the regulations which the pilot project shall affect;
(2) any lawsuits brought against the applicant local juvenile facility, pertinent to the proposal;
(3) a summary of the “totality of conditions” in the facility or facilities, including but not limited to:
(A) program activities, exercise and recreation;
(B) adequacy of supervision;
(C) types of minors affected; and,
(D) classification procedures.
(4) a statement of the goals the pilot project is intended to achieve, the reasons a pilot project is necessary, and why the particular approach was selected;
(5) the projected costs of the pilot project and projected cost savings to the city, county, or city and county, if any;
(6) a plan for developing and implementing the pilot project including a time line where appropriate; and,
(7) a statement of how the overall goal of providing safety to staff and minors shall be achieved.
(b) The Corrections Standards Authority may consider applications for pilot projects based on the relevance and appropriateness of the proposed project, the applicant's history of compliance/non-compliance with regulations, the completeness of the information provided in the application, and staff recommendations.
(c) Within 10 working days of receipt of the application, CSA staff shall notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Corrections Standards Authority members from requesting additional information necessary to make a determination that the pilot project proposed actually meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application shall be placed on the agenda for the CSA's consideration at a regularly scheduled meeting. The written notification from the CSA to the applicant shall also include the date, time and location of the meeting at which the application shall be considered.
(d) When an application for a pilot project is approved by the Corrections Standards Authority, the CSA shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for the pilot project. Regular progress reports and evaluative data on the success of the pilot project in meeting its goals shall be provided to the CSA. The Corrections Standards Authority may extend time limits for pilot projects for good and proper purpose.
(e) If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.
(f) Pilot project status granted by the Corrections Standards Authority shall not exceed twelve months after its approval date. When deemed to be in the best interest of the applicant, the Corrections Standards Authority may extend the expiration date. Once a city, county, or city and county successfully completes the pilot project evaluation period and desires to continue with the program, it may apply for an alternate means of compliance. The pilot project shall be granted an automatic extension of time to operate the project pending the Corrections Standards Authority consideration of an alternate means of compliance.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; Assembly Bill 1397, Chapter 12, Statutes of 1996; and Section 15376, Government Code.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1304. Alternate Means of Compliance.
Note • History
(a) An alternate means of compliance is the long-term method used by a local juvenile facility/system, approved by the Corrections Standards Authority, to encourage responsible innovation and creativity in the operation of California's local juvenile facilities. The Corrections Standards Authority may, upon application of a city, county, or city and county, consider alternate means of compliance with these regulations either after the pilot project process has been successfully evaluated or upon direct application to the Corrections Standards Authority. The city, county, or city and county shall present the completed application to the Corrections Standards Authority no later than 30 days prior to the expiration of its pilot project, if needed.
(b) Applications for alternate means of compliance shall meet the spirit and intent of improving facility management, shall be equal to, or exceed the intent of, existing standard(s), and shall include reporting and evaluation components. An application for alternate means of compliance shall include, at a minimum, the following information:
(1) any lawsuits brought against the applicant local facility, pertinent to the proposal;
(2) a summary of the “totality of conditions” in the facility or facilities, including but not limited to:
(A) program activities, exercise and recreation;
(B) adequacy of supervision;
(C) types of minors affected; and,
(D) classification procedures.
(3) a statement of the problem the alternate means of compliance is intended to solve, how the alternative shall contribute to a solution of the problem and why it is considered an effective solution;
(4) the projected costs of the alternative and projected cost savings to the city, county, or city and county, if any;
(5) a plan for developing and implementing the alternative including a time line where appropriate; and,
(6) a statement of how the overall goal of providing safety to staff and minors was or would be achieved during the pilot project evaluation phase.
(c) The Corrections Standards Authority may consider applications for alternate means of compliance based on the relevance and appropriateness of the proposed alternative, the applicant's history of compliance/non-compliance with regulations, the completeness of the information provided in the application, the experiences of the jurisdiction during the pilot project, if applicable and staff recommendations.
(d) Within 10 working days of receipt of the application, CSA staff shall notify the applicant, in writing, that the application is complete and accepted for filing, or that the application is being returned as deficient and identifying what specific additional information is needed. This does not preclude the Corrections Standards Authority members from requesting additional information necessary to make a determination that the alternate means of compliance proposed meets or exceeds the intent of these regulations at the time of the hearing. When complete, the application shall be placed on the agenda for the CSA's consideration at a regularly scheduled meeting. The written notification from the CSA to the applicant shall also include the date, time and location of the meeting at which the application shall be considered.
(e) When an application for an alternate means of compliance is approved by the Corrections Standards Authority, the CSA shall notify the applicant, in writing within 10 working days of the meeting, of any conditions included in the approval and the time period for which the alternate means of compliance shall be permitted. Regular progress reports and evaluative data as to the success of the alternate means of compliance shall be submitted by the applicant. If disapproved, the applicant shall be notified in writing, within 10 working days of the meeting, the reasons for said disapproval. This application approval process may take up to 90 days from the date of receipt of a complete application.
(f) The Corrections Standards Authority may revise the minimum standards during the next biennial review based on data and information obtained during the alternate means of compliance process. If, however, the alternate means of compliance does not have universal application, a city, county, or city and county may continue to operate under this status as long as they meet the terms of this regulation.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996; and Section 15376, Government Code.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Article 2. Application of Standards and Inspections
§1310. Applicability of Standards.
Note • History
All standards and requirements contained herein shall apply to any county, city and county, or joint juvenile facility that is used for the confinement of minors.
(a) Juvenile halls, juvenile homes, camps, ranches, forestry camps and boot camps shall comply with all regulations.
(b) Special purpose juvenile halls shall comply with all regulations except the following
1322(c) Child Supervision Staff Orientation and Training
1370 School Program
1415 Health Education
1464 Food Services Manager
1481 Special Clothing
1488 Hair Care Services
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 2 (sections 1310-1314) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of first paragraph and subsections (a) and (b) and repealer of subsections (c)-(f) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1311. Emergency Suspension of Standards or Requirements.
Note • History
Nothing contained herein shall be construed to deny the power of any facility administrator to temporarily suspend any standard or requirement herein prescribed in the event of any emergency which threatens the safety of a local juvenile facility, jail, lockup, minor, staff, or the public. Only such regulations directly affected by the emergency may be suspended. The facility administrator shall notify the Corrections Standards Authority in writing in the event that such a suspension lasts longer than three days. In no event shall a suspension continue more than 15 days without the approval of the chairperson of the Corrections Standards Authority for a time specified by him/her.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1312. Juvenile Criminal History Information.
Note • History
Such juvenile criminal history information as is necessary for the conduct of facility inspections as specified in Section 209 of the Welfare and Institutions Code shall be made available to the staff of the Corrections Standards Authority. Such information shall be held confidential except that published reports may contain such information in a form which does not identify an individual.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 204.5 and 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; and Assembly Bill 904, Chapter 304, Statutes of 1995; Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1313. County Inspection and Evaluation of Building and Grounds.
Note • History
On an annual basis, each juvenile facility administrator shall obtain a documented inspection and evaluation from the following:
(a) county building inspector or person designated by the Board of Supervisors to approve building safety;
(b) fire authority having jurisdiction, including a fire clearance as required by Health and Safety Code Section 13146.1(a) and (b);
(c) local health officer, inspection in accordance with Health and Safety Code Section 101045;
(d) county superintendent of schools on the adequacy of educational services and facilities as required in Section 1370;
(e) juvenile court as required by Section 209 of the Welfare and Institutions Code; and,
(f) the Juvenile Justice Commission as required by Section 229 of the Welfare and Institutions Code or Probation Commission as required by Section 240 of the Welfare and Institutions Code.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001. Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsections (c) and (f) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The appeal hearing procedures are intended to provide a review concerning the Corrections Standards Authority application and enforcement of standards and regulations governing juvenile facilities. A county, city, city and county, or joint juvenile facility may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.
(a) Levels of Appeal.
(1) There are two levels of appeal as follows:
(A) appeal to the Executive Director; and,
(B) appeal to the Corrections Standards Authority.
(2) An appeal shall first be filed with the Executive Director.
(b) Appeal to the Executive Director.
(1) If a county, city, city and county, or joint juvenile facility is dissatisfied with an action of the Corrections Standards Authority staff, it may appeal the cause of the dissatisfaction to the Executive Director. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county or city is dissatisfied.
(2) The appeal shall be in writing and:
(A) state the basis for the dissatisfaction;
(B) state the action being requested of the Executive Director; and,
(C) attach any correspondence or other documentation related to the cause for dissatisfaction.
(c) Executive Director Appeal Procedures.
(1) The Executive Director shall review the correspondence and related documentation and render a decision on the appeal within 30 calendar days except in those cases where the appellant withdraws or abandons the appeal.
(2) The procedural time requirement may be waived with the mutual consent of the appellant and the Executive Director.
(3) The Executive Director may render a decision based on the correspondence and related documentation provided by the appellant and may consider other relevant sources of information deemed appropriate.
(d) Executive Director's Decision.
The decision of the Executive Director shall be in writing and shall provide the rationale for the decision.
(e) Request for Appeal Hearing by CSA.
(1) If a county, city, city and county, or joint juvenile facility is dissatisfied with the decision of the Executive Director, it may file a request for an appeal hearing with the Corrections Standards Authority. Such appeal shall be filed within 30 calendar days after receipt of the Executive Director's decision.
(2) The request shall be in writing and:
(A) state the basis for the dissatisfaction;
(B) state the action being requested of the CSA; and,
(C) attach any correspondence related to the appeal from the Executive Director.
(f) CSA Hearing Procedures.
(1) The hearing shall be conducted by a hearing panel designated by the Chairman of the CSA at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the CSA, unless delayed for good cause. The CSA shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(2) The procedural time requirements may be waived with mutual consent of the parties involved.
(3) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(4) An appellant may waive a personal hearing before the hearing panel and, under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.
(5) The hearing is not formal or judicial in nature. Pertinent and relative information, whether written or oral, shall be accepted. Hearings shall be tape recorded.
(6) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Corrections Standards Authority at its next regular public meeting.
(g) Corrections Standards Authority Decision.
(1) The Corrections Standards Authority, after receiving the proposed decision, may:
(A) adopt the proposed decision;
(B) decide the matter on the record with or without taking additional evidence; or,
(C) order a further hearing to be conducted if additional information is needed to decide the issue.
(2) the CSA, or notice of a new hearing ordered, notice of decision or other such actions shall be mailed or otherwise delivered by the CSA to the appellant.
(3) The record of the testimony exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the CSA's notice of decision in the case.
(4) The decision of the Corrections Standards Authority shall be final.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of first paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Article 3. Training, Personnel, and Management
§1320. Appointment and Qualifications.
Note • History
(a) Appointment
In each juvenile facility there shall be a superintendent, director or facility manager in charge of its program and employees. Such superintendent, director, facility manager and other employees of the facility shall be appointed by the facility administrator pursuant to applicable provisions of law.
(b) Employee Qualifications
Each facility shall:
(1) recruit and hire employees who possess knowledge, skills and abilities appropriate to their job classification and duties in accordance with applicable civil service or merit system rules;
(2) require a medical evaluation and physical examination including tuberculosis screening test and evaluation for immunity to contagious illnesses of childhood (i.e., diphtheria, rubeola, rubella, and mumps);
(3) adhere to the minimum standards for the selection and training requirements adopted by the CSA pursuant to Section 6035 of the Penal Code.
(4) conduct a criminal records review, on each new employee, and psychological examination in accordance with Section 1031 of the Government Code.
(c) Contract personnel, volunteers, and other non-employees of the facility, who may be present at the facility, shall have such clearance and qualifications as may be required by law, and their presence at the facility shall be subject to the approval and control of the facility manager.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 3 (sections 1320-1326) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (b), repealer and new subsections (b)(3) and (b)(4) and new subsection (c) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (b)(3) filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Each juvenile facility shall:
(a) have an adequate number of personnel sufficient to carry out its program, to provide for safety and security of minors and staff, and meet established standards and regulations;
(b) ensure that no required services shall be denied because of insufficient numbers of staff on duty absent exigent circumstances;
(c) have a sufficient number of supervisory level staff to ensure adequate supervision of all staff members;
(d) have a clearly identified person on duty at all times who is responsible for operations and activities and has completed the Juvenile Corrections Officer Core Course and PC 832 training;
(e) have at least one staff member present on each living unit whenever there is a minor or minors in the living unit;
(f) have sufficient food service personnel relative to the number and security of living units, including staff qualified and available to: plan menus meeting nutritional requirements of the gender and age groups fed; provide kitchen supervision; direct food preparation and servings; conduct related training programs for culinary staff; and maintain necessary records; or, a facility may serve food that meets nutritional standards prepared by an outside source;
(g) have sufficient administrative, clerical, recreational, medical, dental, mental health, building maintenance, transportation, control room, institutional security and other support staff for the efficient management of the facility, and to ensure that child supervision staff shall not be diverted from supervising minors; and,
(h) assign sufficient child supervision staff to provide continuous wide awake supervision of minors, subject to temporary variations in staff assignments to meet special program needs. Staffing shall be in compliance with a minimum child-staff ratio for the following facility types:
(1) Juvenile halls
(A) during the hours that minors are awake, one wide-awake child supervision staff member on duty for each 10 minors in detention;
(B) during the hours that minors are asleep, one wide-awake child supervision staff member on duty for each 30 minors in detention;
(C) at least two wide-awake child supervision staff members on duty at all times, regardless of the number of minors in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and,
(D) at least one child supervision staff member on duty who is the same gender as minors housed in the facility.
(2) Special Purpose Juvenile Halls
(A) during the hours that minors are awake, one wide-awake child supervision staff member on duty for each 10 minors in detention;
(B) during the hours that minors are asleep, one wide-awake child supervision staff member on duty for each 30 minors in detention;
(C) at least two wide-awake child supervision staff members on duty at all times, regardless of the number of minors in detention, unless an arrangement has been made for backup support services which allow for immediate response to emergencies; and,
(D) at least one child supervision staff member on duty who is the same gender as minors housed in the facility, unless an arrangement has been made for immediate same gender supervision.
(3) Camps
(A) during the hours that minors are awake, one wide-awake child supervision staff member on duty for each 15 minors in the camp population;
(B) during the hours that minors are asleep, one wide-awake child supervision staff member on duty for each 30 minors present in the facility;
(C) at least two wide-awake child supervision staff members on duty at all times, regardless of the number of minors in residence, unless arrangements have been made for backup support services which allow for immediate response to emergencies;
(D) at least one child supervision staff member on duty who is the same gender as minors housed in the facility;
(E) in addition to the minimum staff to child ratio required in (c)(2)(A), consideration shall be given to the size, design, and location of the camp; types of offenders committed to the camp; and the function of the camp in determining the level of supervision necessary to maintain the safety and welfare of minors and staff;
(F) personnel with primary responsibility for other duties such as administration, supervision of personnel, academic or trade instruction, clerical, farm, forestry, kitchen or maintenance shall not be classified as child supervision staff positions.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Repealer and new subsection (c)(2)(A), new subsection (c)(2)(B), subsection relettering and amendment of subsection (d) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1322. Child Supervision Staff Orientation and Training.
Note • History
(a) Prior to assuming any responsibilities each child supervision staff member shall be properly oriented to his/her duties, including:
(1) child supervision duties;
(2) scope of decisions he/she shall make;
(3) the identity of his/her supervisor;
(4) the identity of persons who are responsible to him/her;
(5) persons to contact for decisions that are beyond his or her responsibility; and
(6) ethical responsibilities.
(b) Prior to assuming responsibility for the supervision of minors, each child supervision staff member shall receive a minimum of 40 hours of facility specific orientation, including:
(1) individual and group supervision techniques;
(2) regulations and policies relating to discipline and basic rights of minors pursuant to law and the provisions of this chapter;
(3) basic health, sanitation and safety measures;
(4) suicide prevention and response to suicide attempts
(5) policies regarding use of force, mechanical and physical restraints;
(6) procedures to follow in the event of emergencies;
(7) routine security measures;
(8) crisis intervention and mental health referrals to mental health services;
(9) documentation; and
(10) fire/life safety training
(c) Prior to assuming primary responsibility for supervision of minors, each child supervision staff member shall successfully complete the requirements of the Juvenile Corrections Officer Core Course pursuant to Penal Code Section 6035.
(d) Prior to exercising the powers of a peace officer child supervision staff shall successfully complete training pursuant to Section 830 et seq. of the Penal Code.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of section heading and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
Whenever there is a minor in a juvenile facility, there shall be at least one person on duty at all times who meets the training standards established by the Corrections Standards Authority for general fire and life safety which relate specifically to the facility.
NOTE
Authority cited: Section 6030 Penal Code; Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1324. Policy and Procedures Manual.
Note • History
All facility administrators shall develop, publish, and implement a manual of written policies and procedures that address, at a minimum, all regulations that are applicable to the facility. Such a manual shall be made available to all employees, reviewed by all employees, and shall be administratively reviewed annually, and updated, as necessary. Those records relating to the standards and requirements set forth in these regulations shall be accessible to the Corrections Standards Authority on request.
The manual shall include:
(a) table of organization, including channels of communications and a description of job classifications;
(b) responsibility of the probation department, purpose of programs, relationship to the juvenile court, the Juvenile Justice/Delinquency Prevention Commission or Probation Committee, probation staff, school personnel and other agencies that are involved in juvenile facility programs;
(c) responsibilities of all employees;
(d) initial orientation and training program for employees;
(e) initial orientation, including safety and security issues, for support staff, contract employees, school and medical staff, program providers and volunteers;
(f) maintenance of record-keeping, statistics and communication system to ensure:
(1) efficient operation of the juvenile facility;
(2) legal and proper care of minors;
(3) maintenance of individual minor's records;
(4) supply of information to the juvenile court and those authorized by the court or by the law; and,
(5) release of information regarding minors.
(g) ethical responsibilities;
(h) a non-discrimination provision that provides that all minors within the facility shall have fair and equal access to all available services, placement, care, treatment, and benefits, and provides that no person shall be subject to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status; and,
(i) storage and maintenance requirements for any chemical agents used in the facility.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph and subsection (a) and repealer of subsections (f)-(r) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section filed 6-18-2007 including agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall consult with the local fire department having jurisdiction over the facility, or with the State Fire Marshal, in developing a plan for fire safety which shall include, but not be limited to:
(a) a fire prevention plan to be included as part of the manual of policy and procedures;
(b) monthly fire and life safety inspections by facility staff with two year retention of the inspection record;
(c) fire prevention inspections as required by Health and Safety Code Section 13146.1(a) and (b);
(d) an evacuation plan;
(e) documented fire drills not less than quarterly;
(f) a written plan for the emergency housing of minors in the case of fire; and,
(g) development of a fire suppression pre-plan in cooperation with the local fire department.
NOTE
Authority cited: Section 6030 Penal Code; Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (d), new subsection (e) and subsection relettering filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Each facility administrator shall develop policies and procedures to annually review, evaluate, and document security of the facility. The review and evaluation shall include internal and external security, including, but not limited to, key control, equipment, and staff training.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The facility administrator shall develop facility-specific policies and procedures for emergencies that shall include, but not be limited to:
(a) escape, disturbances, and the taking of hostages;
(b) civil disturbance;
(c) fire and natural disasters;
(d) periodic testing of emergency equipment;
(e) storage, issue and use of chemical agents, related security devices, and weapons and ammunition, where applicable; and,
(f) emergency evacuation of the facility.
(g) a program to provide all child supervision staff with an annual review of emergency procedures.
Confidential policies and procedures that relate to the security of the facility may be kept in a separate manual.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
2. Amendment of subsection (c) and new subsection (g) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The facility administrator shall develop policy and procedures that provide for direct visual observation of minors at least every 15 minutes during hours when minors are asleep or when minors are in their rooms. Supervision is not replaced, but may be supplemented by an audio/visual electronic surveillance system designed to detect overt, aggressive or assaultive behavior and to summon aid in emergencies. All safety checks shall be documented.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
2. Amendment of section heading and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 4. Records and Public Information
§1340. Reporting of Legal Actions.
Note • History
Each facility shall submit to the Corrections Standards Authority a letter of notification on each legal action, pertaining to conditions of confinement, filed against persons or legal entities responsible for juvenile facility operation.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 4 (sections 1340-1343) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1341. Death and Serious Illness or Injury of a Minor While Detained.
Note • History
In any case in which a minor dies while detained in a juvenile facility:
(a) The administrator of the facility shall provide to the Corrections Standards Authority a copy of the report submitted to the Attorney General under Government Code Section 12525. A copy of the report shall be submitted to the CSA within 10 calendar days after the death.
(b) Upon receipt of a report of death of a minor from the administrator, the CSA may within 30 calendar days inspect and evaluate the juvenile facility, jail, lockup or court holding facility pursuant to the provisions of this subchapter. Any inquiry made by the CSA shall be limited to the standards and requirements set forth in these regulations.
(c) The health administrator, in cooperation with the facility administrator, shall develop written policy and procedures to assure that there is a medical and operational review of every in-custody death of a minor. The review team shall include the facility administrator and/or the facility manager, the health administrator, the responsible physician and other health care and supervision staff who are relevant to the incident.
(d) The facility administrator, in cooperation with the health administrator and the mental health director, shall develop written policies and procedures for handling deaths, suicide attempts, suicide prevention and for notification of the Juvenile Court and the parent, guardian, or person standing in loco parentis, in the event of a serious illness, injury or death of a minor.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section filed 6-18-2007 including agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Each juvenile facility shall submit required population and profile survey reports to the Corrections Standards Authority within 10 working days after the end of each reporting period, in a format to be provided by the CSA.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph and repealer of subsections (a)-(c) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
§1343. Juvenile Facility Capacity.
Note • History
The Corrections Standards Authority shall establish the maximum capacity of a juvenile facility based on statute and applicable regulations. When the number of minors detained in a living unit of a juvenile facility exceeds its maximum capacity for more than fifteen (15) calendar days in a month, the facility administrator shall provide a crowding report to the CSA in a format provided by the CSA. The Executive Director of the Corrections Standards Authority shall review the juvenile facility's report and initiate a process to a preliminary determination if the facility is suitable for the continued confinement of minors. If the Executive Director determines that the facility is unsuitable for the confinement of minors, the recommendation shall be reviewed by the Corrections Standards Authority at the next scheduled meeting. Notice of the CSA's findings and/or actions shall be public record and, at a minimum, will be provided to the facility administrator, presiding juvenile court judge, chairperson of the board of supervisors and juvenile justice commission within ten working days of the CSA meeting.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Article 5. Classification and Segregation
Note • History
The facility administrator shall develop written policies and procedures for admittance of minors. In addition to the requirements of Sections 1324 and 1430 of these regulations:
(a) juvenile halls shall assure that a minor shall be allowed access to a telephone, in accordance with the provisions of Welfare and Institution Code Section 627;
(b) juvenile hall administrators shall establish written criteria for detention; and,
(c) juvenile camps shall include policies and procedures that advise the minor of the estimated length of stay, and shall develop program guidelines that include written screening criteria for inclusion and exclusion from the program.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 5 (sections 1350-1362) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (a), new subsection (b) and subsection relettering filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall develop written policies and procedures for release of minors from custody which provide for:
(a) verification of identity/release papers;
(b) return of personal clothing and valuables;
(c) notification to the minor's parents or guardian;
(d) notification to the facility health care provider in accordance with Section 1408 and 1437 of these regulations, for coordination with outside agencies; and,
(e) notification of school staff.
The facility administrator shall develop and implement written policies and procedures for the furlough of minors from custody.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (e) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The facility administrator shall develop written policies and procedures on classification of minors for the purpose of determining housing placement in the facility.
Such procedures shall:
(a) provide for the safety of the minor, other minors, facility staff, and the public by placing minors in the appropriate, least restrictive housing and program settings. Housing assignments shall consider the need for single, double or dormitory assignment or location within the dormitory;
(b) consider facility populations and physical design of the facility;
(c) provide that a minor shall be classified upon admittance to the facility; classification factors shall include, but not be limited to: age, maturity, sophistication, emotional stability, program needs, legal status, public safety considerations, medical/mental health considerations and sex of the minor; and,
(d) provide for periodic classification reviews, including provisions that consider the level of supervision and the minor's behavior while in custody.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The facility administrator shall develop written policies and procedures to orient a minor prior to placement in a living area. Both written and verbal information shall be provided. Provision shall be made to provide information to minors who are impaired, illiterate or do not speak English. Orientation shall include:
(a) facility rules and disciplinary procedures;
(b) grievance procedures;
(c) access to legal services;
(d) access to health care services;
(e) access to counseling services;
(f) access to religious services;
(g) access to educational services;
(h) information on the court process;
(i) housing assignments;
(j) availability of personal care items and opportunity for personal hygiene;
(k) correspondence, visiting and telephone use;
(l) availability of reading materials, programs, and activities;
(m) use of restraints and chemical agents;
(n) use of force; and,
(o) emergency and evacuation procedures.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (i) and (j) and new subsection (k) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. New subsections (e)-(h) and subsection relettering filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall develop written policies and procedures concerning the need to segregate minors. Minors who are segregated shall not be denied normal privileges available at the facility, except when necessary to accomplish the objectives of segregation. Written procedures shall be developed which provide a review of all minors to determine whether it is appropriate for them to remain in segregation and for direct visual observation. When segregation is for the purpose of discipline, Title 15, Section 1390 shall apply.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1355. Institutional Assessment and Plan.
Note • History
The facility administrator shall develop written policies and procedures to provide that for minors held for 30 days or more, an assessment and plan shall be developed within 40 days of admission. The assessment and plan shall be documented.
(a) The assessment is a statement of the minor's problems, including, but not limited to, identification of substance abuse history, educational, vocational, counseling and family reunification needs.
(b) The institutional plan, for pre-adjudicated minors, shall include, but not be limited to, written documentation that provides:
(1) objectives and time frames for the resolution of problems identified in the assessment;
(2) a plan for meeting the objectives that includes a description of program resources needed and individuals responsible for assuring that the plan is implemented;
(c) In addition to the items noted above, once a minor is adjudicated, the institutional plan shall include, but not be limited to, written documentation that provides:
(1) periodic evaluation or progress towards meeting the objectives, including periodic review and discussion of the plan with the minor;
(2) a transition or aftercare plan, subject to existing resources, that is completed prior to the minor being released; and,
(3) contact with the Regional Center for the Developmentally Disabled for minors that are developmentally disabled, including provisions of Section 1413(b).
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of section heading and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1356. Counseling and Casework Services.
Note • History
The facility administrator shall develop written policies and procedures ensuring the availability of appropriate counseling and casework services for all minors. Policies and procedures shall ensure:
(a) minors will receive assistance with personal problems or needs that may arise;
(b) minors will receive assistance in requesting contact with parents, attorney, clergyman, probation officer, or other public official; and,
(c) minors will be provided services as appropriate to the population housed in the facility, and may include, but not be limited to: substance abuse, family crisis and reunification, counseling, public health and mental health services.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures for the use of force, which may include chemical agents. Force shall never be applied as punishment, discipline or treatment.
(a) At a minimum, each facility shall develop policy statements which:
(1) define the term “force,” and address the escalation and appropriate level of force, while emphasizing the need to avoid the use of force whenever possible and using only that force necessary to ensure the safety of minors and others;
(2) describe the requirements for staff to report the use of force, and to take affirmative action to stop the inappropriate use of force;
(3) define the role, notification, and follow-up procedures of medical and mental health staff concerning the use of force; and,
(4) define the training which shall be provided and required for the use of force, which includes, but is not limited to, known medical conditions that would contraindicate certain types of force; acceptable chemical agents; methods of application; signs or symptoms that should result in immediate referral to medical or mental health staff; and, requirements of the decontamination of chemical agents, if such agents are utilized.
(b) Policies and procedures shall be developed which include, but are not limited to, the types, levels and application of force, documentation of the use of force, a grievance procedure, a system for investigation of the use of force and administrative review, and discipline for the improper use of force. Such procedures shall address:
(1) the specific use of physical, chemical agent, lethal, and non-lethal force that may, or may not, be used in the facility;
(2) the limitations regarding use of force on pregnant minors in accordance with Penal Code 6030(f) and Welfare and Institutions Code Section 222; and,
(3) a standardized format, time period, and procedure for reporting the use of force, including the reporting requirements of management and line staff.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 6030(f), Penal Code; and Section 222, Welfare and Institutions Code.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (a)(1) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (a)(4) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of subsections (a)(1), (a)(3)-(4) and (b) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
5. Amendment of subsection (b)(1), new subsection (b)(2) and subsection renumbering filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
§1358. Use of Physical Restraints.
Note • History
(a) The facility administrator, in cooperation with the responsible physician and mental health director, shall develop written policies and procedures for the use of restraint devices. In addition to the areas specifically outlined in this regulation, as a minimum, the policy shall address the following areas: known medical conditions that would contraindicate certain restraint devices and/or techniques; acceptable restraint devices; signs or symptoms which should result in immediate medical/mental health referral; availability of cardiopulmonary resuscitation equipment; protective housing of restrained minors; provision for hydration and sanitation needs; and exercising of extremities.
(b) Restraint devices include any devices which immobilize a minor's extremities and/or prevent the minor from being ambulatory. Physical restraints should be utilized only when it appears less restrictive alternatives would be ineffective in controlling the disordered behavior. Physical restraints shall be used only for those minors who present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause self-inflicted physical harm. The circumstances leading to the application of restraints must be documented.
(c) Minors shall be placed in restraints only with the approval of the facility manager or designee. The facility manager may delegate authority to place a minor in restraints to a physician. Reasons for continued retention in restraints shall be reviewed and documented at a minimum of every hour. A medical opinion on the safety of placement and retention shall be secured as soon as possible, but no later than two hours from the time of placement. The minor shall be medically cleared for continued retention at least every three hours thereafter. A mental health consultation shall be secured as soon as possible, but in no case longer than four hours from the time of placement, to assess the need for mental health treatment.
(d) Continuous direct visual supervision shall be conducted to ensure that the restraints are properly employed, and to ensure the safety and well-being of the minor. Observations of the minor's behavior and any staff interventions shall be documented at least every 15 minutes, with actual time of the documentation recorded. While in restraint devices all minors shall be housed alone or in a specified housing area for restrained minors which makes provision to protect the minor from abuse. In no case shall restraints be used as punishment or discipline, or as a substitute for treatment. Additionally, the affixing of hands and feet together behind the back (hogtying) is prohibited.
(e) The provisions of this section do not apply to the use of handcuffs, shackles or other restraint devices when used to restrain minors for movement or transportation reasons.
(f) The use of restraints on pregnant minors is limited in accordance with Penal Code Section 6030(f) and Welfare and Institutions Code Section 222.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 6030(f), Penal Code; and Section 222, Welfare and Institutions Code.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (a), (c) and (d) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsections (b)-(d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. New subsection (f) filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
§1359. Safety Room Procedures.
Note • History
The facility administrator, in cooperation with the responsible physician, shall develop written policies and procedures governing the use of safety rooms, as described in Title 24, Part 2, Section 460A.1.13. The room shall be used to hold only those minors who present an immediate danger to themselves or others, who exhibit behavior which results in the destruction of property, or reveals the intent to cause self-inflicted physical harm. A safety room shall not be used for punishment or discipline, or as a substitute for treatment. Policies and procedures shall:
(a) include provisions for administration of necessary nutrition and fluids, access to a toilet, and suitable clothing to provide for privacy;
(b) provide for approval of the facility manager, or designee, before a minor is placed into a safety room;
(c) provide for continuous direct visual supervision and documentation of the minor's behavior and any staff interventions every 15 minutes, with actual time recorded;
(d) provide that the minor shall be evaluated by the facility manager, or designee, every four hours;
(e) provide for immediate medical assessment, where appropriate, or an assessment at the next daily sick call;
(f) provide that a minor shall be medically cleared for continued retention every 24 hours;
(g) provide that a mental health opinion is secured within 24 hours; and,
(h) provide a process for documenting the reason for placement, including attempts to use less restrictive means of control, and decisions to continue and end placement.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph and subsection (c) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsections (b), (c) and (h) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The facility administrator shall develop written policies and procedures governing the search of minors, the facility, and visitors. Searches shall be conducted to ensure the safety and security of the facility, and to provide for the safety and security of the public, visitors, minors, and staff. Searches shall not be conducted for harassment or as a form of discipline or punishment. Written procedures shall address each of the following:
(a) intake searches;
(b) searching minors who are returning from activities outside of the living unit, court, another facility, or visiting;
(c) facility searches;
(d) searches of visitors; and,
(e) cross gender supervision.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (d) and repealer of subsections (d)(1)-(2) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall develop written policies and procedures whereby any minor may appeal and have resolved grievances relating to any condition of confinement, including but not limited to health care services, classification decisions, program participation, telephone, mail or visiting procedures, and food, clothing, or bedding. Policies and procedures shall include provisions whereby the facility manager ensures:
(a) a grievance form and instructions for registering a grievance, which includes provisions for the minor to have free access to the form;
(b) the minor shall have the option to confidentially file the grievance or to deliver the form to any child care supervision staff working in the facility;
(c) resolution of the grievance at the lowest appropriate staff level;
(d) provision for a prompt review and response to grievances within a specified time limit;
(1) The minor may elect to be present to explain his/her version of the grievance to a person not directly involved in the circumstances which led to the grievance.
(2) Provision for a staff representative approved by the facility administrator to assist the minor.
(e) provision for a written response to the grievance which includes the reasons for the decisions; and,
(f) a system which provides that any appeal of a grievance shall be heard by a person not directly involved in the circumstances which led to the grievance.
Whether or not associated with a grievance, concerns of parents, guardians, staff or other parties shall be addressed and documented in accordance with written policies and procedures within a specified timeframe.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (d) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1362. Reporting of Incidents.
Note • History
A written report of all incidents which result in physical harm, serious threat of physical harm, or death to an employee or a minor of a juvenile facility, or other person(s) shall be maintained. Such written record shall be prepared by the staff and submitted to the facility manager by the end of the shift.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1363. Use of Reasonable Force to Collect DNA Specimens, Samples, Impressions.
Note • History
(a) Pursuant to Penal Code Section 298.1 authorized law enforcement, custodial, or corrections personnel including peace officers, may employ reasonable force to collect blood specimens, saliva samples, and thumb or palm print impressions from individuals who are required to provide such samples, specimens or impressions pursuant to Penal Code Section 296 and who refuse following written or oral request.
(1) For the purpose of this section, the “use of reasonable force” shall be defined as the force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to gain compliance with this section.
(2) The use of reasonable force shall be preceded by efforts to secure voluntary compliance. Efforts to secure voluntary compliance shall be documented and include an advisement of the legal obligation to provide the requisite specimen, sample or impression and the consequences of refusal.
(b) The force shall not be used without the prior written authorization of the supervising officer on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impression and refused.
(1) If the use of reasonable force includes a cell extraction, the extraction shall be videotaped. Video shall be directed at the cell extraction event. The videotape shall be retained by the agency for the length of time required by statute. Notwithstanding the use of the video as evidence in a court proceeding, the tape shall be retained administratively.
(2) Within 10 days of the use of reasonable force pursuant to this section, the facility administrator shall send a report to the Corrections Standards Authority, documenting a refusal to voluntarily submit the requisite specimen, sample or impression; the use of reasonable force to obtain the specimen, sample or impression, if any; the type of force used; the efforts undertaken to obtain voluntary compliance; and whether medical attention was needed by the juvenile offender or other person as a result of reasonable force being used.
NOTE
Authority cited: Section 298.1, Penal Code; Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Article 6. Programs and Activities
Note • History
(a) School Programs
The County Board of Education shall provide for the administration and operation of juvenile court schools in conjunction with the Chief Probation Officer, or designee. The school and facility administrators shall develop written policy and procedures to ensure communication and coordination between educators and probation staff. The facility administrator shall request an annual review of each required element of the program by the Superintendent of Schools, and a report or review checklist on compliance, deficiencies, and corrective action needed to achieve compliance with this section.
(b) Required Elements
The facility school program shall comply with the State Education Code and County Board of Education policies and provide for an annual evaluation of the educational program offerings. Minors shall be provided a quality educational program that includes instructional strategies designed to respond to the different learning styles and abilities of students.
(1) The course of study shall comply with the State Education Code and include, but not be limited to, the following:
(A) English/Language Arts;
(B) Social Sciences;
(C) Physical Education;
(D) Science;
(E) Health;
(F) Mathematics;
(G) Fine Arts/Foreign Language; and,
(H) Electives (including career education).
(2) General Education Development (GED) preparation shall be provided for all eligible youth.
(3) The minimum school day shall be consistent with State Education Code Requirements for juvenile court schools.
(c) School Discipline
(1) The educational program shall be integrated into the facility's overall behavioral management plan and security system.
(2) School staff shall be advised of administrative decisions made by probation staff that may affect the educational programming of students.
(3) Expulsion/suspension from school shall follow the appropriate due process safeguards as set forth in the State Education Code including the rights of students with special needs.
(4) The facility administrator, in conjunction with education staff will develop policies and procedures that address the rights of any student who has continuing difficulty completing a school day.
(d) Provisions for Individuals with Special Needs
(1) Educational instruction shall be provided to minors restricted to high security or other special units.
(2) State and federal laws shall be observed for individuals with special education needs.
(3) Non-English speaking minors, and those with limited English-speaking skills, shall be afforded an educational program.
(e) Educational Screening and Admission
(1) Minors shall be interviewed after admittance and a written record prepared that documents a minor's educational history, including but not limited to:
(A) school progress;
(B) Home Language Survey;
(C) special needs; and,
(D) discipline problems.
(2) Not later than three school days after admission to the facility the minor shall be enrolled in school; and the educational staff shall conduct an assessment to determine the minor's general academic functioning levels to enable placement in core curriculum courses.
(3) After admission to the facility, a preliminary education plan shall be developed for each minor within five school days.
(4) If a minor is detained, the education staff shall request the minor's transcript from his/her prior school. Copies of the student's Individual Education Program (IEP) and 504 Plan will also be requested. Upon receipt of the transcripts, the minor's educational plan shall be reviewed and modified as needed.
(f) Educational Reporting
(1) The complete facility educational record of the minor shall be forwarded to the next educational placement in accordance with the State Education Code.
(2) The County Superintendent of Schools shall provide appropriate credit (full or partial) for course work completed while in juvenile court school.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 6 (sections 1370-1377) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of subsections (a), (b)(1), (b)(3) and (f)(1)-(2) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1371. Recreation and Exercise.
Note • History
(a) The facility administrator shall develop and implement written policies and procedures for recreation and exercise of minors.
(b) Equivalent programming for both female and male minors shall exist for all recreation programs.
(c) The recreation program shall include: a written daily schedule; access to approved reading materials; other programs such as television, radio, ping pong, video and games. Activities shall be supervised and include orientation and coaching of minors.
(d) The exercise program shall include the opportunity for at least one hour of outdoor physical activity each day, weather permitting. In the event weather does not permit outdoor physical activity, at least one hour each day of exercise involving large muscle activities shall be provided.
(e) Juvenile facilities shall provide the opportunity for recreation and exercise a minimum of three hours a day during the week and five hours a day each Saturday, Sunday or other non-school days, of which one hour shall be large muscle exercise, as noted in item (d) above. Such recreation and exercise schedule shall be posted in the living units.
(f) The administrator/manager may suspend, for a period not to exceed 24 hours, access to recreation. However, minors on disciplinary status shall continue to have an opportunity for a minimum of one hour of large muscle exercise. That one hour of exercise may be suspended only upon a written finding by the administrator/manager that the minor represents a threat to the safety and security of the facility.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. New subsection (b) and subsection relettering filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsections (c) and (d), new subsection (e) and subsection relettering filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The facility administrator shall provide access to religious services and/or religious counseling at least once each week. Attendance shall be voluntary. A minor shall be allowed to participate in other program activities if he/she elects not to participate in religious programs.
Religious programs shall provide for:
(a) opportunity for religious services;
(b) availability of clergy; and,
(c) availability of religious diets.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Note • History
The facility administrator shall develop policies and procedures regarding the assignment of minors to work programs. Work assigned to a minor shall be meaningful, constructive and related to vocational training or increasing a minor's sense of responsibility.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The facility administrator shall develop written policies and procedures for visiting, that include provisions for special visits. Minors shall be allowed to receive visits by parents, guardians or persons standing in loco parentis, at reasonable times, subject only to the limitations necessary to maintain order and security. Opportunity for visitation shall be a minimum of two hours per week. Visits may be supervised, but conversations shall not be monitored unless there is a security or safety need.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall develop and implement written policies and procedures for correspondence which provide that:
(a) there is no limitation on the volume of mail that minors may send or receive;
(b) minors may send two letters per week postage free;
(c) minors may correspond confidentially with state and federal courts, any member of the State Bar or holder of public office, and the State Corrections Standards Authority; however, authorized facility staff may open and inspect such mail only to search for contraband and in the presence of the minor; and,
(d) incoming and outgoing mail, other than that described in (c), may be read by staff only when there is reasonable cause to believe facility safety and security, public safety, or minor safety is jeopardized.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section filed 6-18-2007 for agency name change pursuant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The administrator of each juvenile facility shall develop and implement written policies and procedures to provide minors with access to telephone communications.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1377. Access to Legal Services.
Note • History
The facility administrator shall develop written procedures to ensure the right of minors to have access to the courts and legal services. Such access shall include:
(a) access, upon request by the minor, to licensed attorneys and their authorized representatives;
(b) provision for confidential consultation with attorneys; and,
(c) unlimited postage free, legal correspondence and cost free telephone access as appropriate.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (c) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment repealing last paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of subsections (a) and (c) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1378. Social Awareness Program.
Note • History
Programs designed to promote social awareness and reduce recidivism shall be provided. Social Awareness Programs shall take into consideration the needs of male and female minors. Such programs may be provided under the direction of the County Board of Education or the chief probation officer and may include: victim awareness; conflict resolution; anger management; parenting skills; juvenile justice; self-esteem; building effective decision making skills; appropriate gender specific programming; and, other topics that suit the needs of the minor. There will be a written annual record review of the programs by the responsible agency to ensure that program content offered is current, consistent, and relevant to the population.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Article 7. Discipline
Note • History
The facility administrator shall develop written policies and procedures for the discipline of minors that shall promote acceptable behavior. Discipline shall be imposed at the least restrictive level which promotes the desired behavior. Discipline shall not include corporal punishment, group punishment, physical or psychological degradation or deprivation of the following:
(a) bed and bedding;
(b) daily shower, access to drinking fountain, toilet and personal hygiene items, and clean clothing;
(c) full nutrition;
(d) contact with parent or attorney;
(e) exercise;
(f) medical services and counseling;
(g) religious services;
(h) clean and sanitary living conditions;
(i) the right to send and receive mail; and,
(j) education.
The facility administrator shall establish rules of conduct and disciplinary penalties to guide the conduct of minors. Such rules and penalties shall include both major violations and minor violations, be stated simply and affirmatively, and be made available to all minors. Provision shall be made to provide the information to minors who are impaired, illiterate or do not speak English.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 7 (sections 1390-1391) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (h) and (i) and new subsection (j) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of first paragraph filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
The facility administrator shall develop written policies and procedures for the administration of discipline which shall include, but not be limited to:
(a) designation of personnel authorized to impose discipline for violation of rules;
(b) prohibiting discipline to be delegated to any minor;
(c) definition of major and minor rule violations and penalties, and due process requirements;
(d) minor rule violations which may be handled informally by counseling or advising the minor of the expected conduct or by the imposition of a minor penalty; segregation for a minor violation shall not exceed 24 hours; discipline shall be accompanied by written documentation and a policy of review and appeal to a supervisor; and,
(e) major rule violations which include but are not limited to: any violation that results in segregation for 24 hours or more, or extension of time in custody. Major rule violations and the discipline process shall be documented and require the following:
(1) written notice of violation prior to a hearing;
(2) hearing by a person who is not a party to the incident;
(3) opportunity for the minor to be heard, present evidence and testimony;
(4) provision for minor to be assisted by staff in the hearing process;
(5) provision for administrative review.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (d) and (e) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Article 8. Health Services
§1400. Responsibility for Health Care Services.
Note • History
The facility administrator shall ensure that health care services are provided to all minors. The facility shall have a designated health administrator who, in cooperation with the mental health director and facility administrator and pursuant to a written agreement, contract or job description, is administratively responsible to:
(a) develop policy for health care administration;
(b) identify health care providers for the defined scope of services;
(c) establish written agreements as necessary to provide access to health care;
(d) develop mechanisms to assure that those agreements are properly monitored; and,
(e) establish systems for coordination among health care service providers.
When the health administrator is not a physician, there shall be a designated responsible physician who shall develop policy in health care matters involving clinical judgements.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 8 (sections 1400-1454) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of second paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1401. Patient Treatment Decisions.
Note • History
Clinical decisions about the treatment of individual minors are the sole province of licensed health care professionals, operating within the scope of their license and within facility policy defining health care services.
Security policies and procedures that are applicable to child supervision staff also apply to health care personnel.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
(a) The health administrator, in cooperation with the facility administrator, shall develop written policy and procedures to define the extent to which health care shall be provided within the facility and delineate those services that shall be available through community providers. Each facility shall provide:
(1) at least one physician to provide treatment; and,
(2) health care services which meet the minimum requirements of these regulations and be at a level to address acute symptoms and/or conditions and avoid preventable deterioration of health while in confinement.
(b) When health services are delivered within the juvenile facility, staff, space, equipment, supplies, materials, and resource manuals shall be adequate to the level of care provided.
(c) Consistent with security requirements and public safety, written policy and procedures for juvenile facilities shall provide for parents, guardians, or other legal custodians, at their own expense, to authorize and arrange for medical, surgical, dental, mental health or other remedial treatment of minors that is permitted under law.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (a)(2) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (c) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1403. Health Care Monitoring and Audits.
Note • History
(a) In juvenile facilities with on-site health care staff, the health administrator, in cooperation with the facility administrator, shall develop and implement written policy and procedures to collect statistical data and submit at least annual summaries of health care services to the facility administrator.
(b) The health administrator, in cooperation with the responsible physician and the facility administrator, shall establish policies and procedures to assure that the quality and adequacy of health care services are assessed at least annually.
(1) Policy and procedures shall identify a process for correcting identified deficiencies in the medical, dental, mental health and pharmaceutical services delivered.
(2) Based on information from these assessments, the health administrator shall provide the facility administrator with an annual written report on medical, dental, mental health and pharmaceutical services.
(c) Medical, mental and dental services shall be reviewed at least quarterly, at documented administrative meetings between the health and facility administrators and other staff, as appropriate.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1404. Health Care Staff Qualifications.
Note • History
(a) The health administrator shall, at the time of recruitment for health care positions, develop education and experience requirements that are consistent with the community standard and the needs of the facility population.
(b) In all juvenile facilities providing on-site health care services, the health administrator, in cooperation with the facility administrator, shall establish policy and procedures to assure that State licensure, certification, or registration requirements and restrictions that apply in the community, also apply to health care personnel who provide services to minors.
(c) Appropriate credentials shall be on file at the facility, or in another central location where they are available for review. Policy and procedures shall provide that these credentials are periodically reviewed and remain current.
(d) The health administrator shall assure that position descriptions and health care practices require that health care staff receive the supervision required by their license and operate within their scope of practice.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1405. Health Care Staff Procedures.
Note • History
The responsible physician for each facility providing on-site health care may determine that a clinical function or service can be safely and legally delegated to health care staff other than a physician. When this is done, the function or service shall be performed by staff operating within their scope of practice pursuant to written protocol, standardized procedures or direct medical order.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
In juvenile facilities providing on-site health care, the health administrator, in cooperation with the facility administrator, shall maintain complete individual and dated health records that include, but are not limited to:
(a) intake health screening form;
(b) health appraisals/medical examinations;
(c) health service reports (e.g., emergency department, dental, psychiatric, and other consultations);
(d) complaints of illness or injury;
(e) names of personnel who treat, prescribe, and/or administer/deliver prescription medication;
(f) location where treatment is provided;
(g) medication records in conformance with Title 15, Section 1438;
(h) progress notes;
(i) consent forms;
(j) authorizations for release of information;
(k) copies of previous health records;
(l) immunization records; and,
(m) laboratory reports.
Written policy and procedures shall provide for maintenance of the health record in a locked area separate from the confinement record. Access to the medical/mental health record shall be controlled by the health administrator and shall assure that all confidentiality laws related to the provider-patient privilege apply to the health record. Minors shall not be used to translate confidential medical information for other non-English speaking minors.
Health care records shall be retained in accordance with community standards.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
(a) For each juvenile facility that provides on-site health services, the health administrator, in cooperation with the facility administrator, shall establish policy and procedures, consistent with applicable laws, for the multi-disciplinary sharing of health information. These policies and procedures shall address the provision for providing information to the court, child supervision staff and to probation. Information in the minor's case file shall be shared with the health care staff when relevant. The nature and extent of information shared shall be appropriate to treatment planning, program needs, protection of the minor or others, management of the facility, maintenance of security, and preservation of safety and order.
(b) Medical and mental health services shall be conducted in a private manner such that information can be communicated confidentially.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment designating existing section as subsection (a) and adopting new subsection (b) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1408. Transfer of Health Care Summary and Records.
Note • History
The health administrator, in cooperation with the facility administrator, shall establish written policy and procedures to assure that a health care summary and relevant records are forwarded to health care staff in the receiving facility when a minor is transferred to another jurisdiction, and to the local health officer, when applicable. Policies shall include:
(a) a summary of the health record, or documentation that no record exists at the facility, is sent in an established format, prior to or at the time of transfer;
(b) relevant health records are forwarded to the health care staff of the receiving facility;
(c) advance notification is provided to the local health officer in the sending jurisdiction and responsible physician of the receiving facility prior to the release or transfer of minors with known or suspected active tuberculosis disease;
(d) written authorization from the minor and/or parent-legal guardian is obtained prior to transferring copies of actual health records, unless otherwise provided by court order, statute or regulation having the force and effect of law; and,
(e) confidentiality of health records is maintained.
After minors are released to the community, health record information shall be transmitted to specific physicians or health care facilities in the community, upon request and with the written authorization of the minor and/or parent/guardian.
In special purpose juvenile halls and other facilities that do not have on-site health care staff, policy and procedures shall assure that child supervision staff forward non-confidential information on medications and other treatment orders prior to or at the time of transfer.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1409. Health Care Procedures Manual.
Note • History
For juvenile facilities with on-site health care staff, the health administrator, in cooperation with the facility administrator, shall develop and maintain a facility-specific health services manual of written policies and procedures that address, at a minimum, all health care related standards that are applicable to the facility.
Health care policy and procedure manuals shall be available to all health care staff, to the facility administrator, the facility manager, and other individuals as appropriate to ensure effective service delivery.
Each policy and procedure for the health care delivery system shall be reviewed at least annually and revised as necessary under the direction of the health administrator. The health administrator shall develop a system to document that this review occurs. The facility administrator, facility manager, health administrator and responsible physician shall designate their approval by signing the manual.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1410. Management of Communicable Diseases.
Note • History
The health administrator/responsible physician, in cooperation with the facility administrator and the local health officer, shall develop written policies and procedures to address the identification, treatment, control and follow-up management of communicable diseases. The policies and procedures shall address, but not be limited to:
(a) intake health screening procedures;
(b) identification of relevant symptoms;
(c) referral for medical evaluation;
(d) treatment responsibilities during detention;
(e) coordination with public and private community-based resources for follow-up treatment;
(f) applicable reporting requirements; and,
(g) strategies for handling disease outbreaks.
The policies and procedures shall be updated as necessary to reflect communicable disease priorities identified by the local health officer and currently recommended public health interventions.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The health administrator, in cooperation with the facility administrator, shall develop written policy and procedures to provide unimpeded access to health care.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1412. First Aid and Emergency Response.
Note • History
The health administrator/responsible physician, in cooperation with the facility administrator, shall establish facility-specific policies and procedures to assure access to first aid and emergency services.
(a) First aid kits shall be available in designated areas of each juvenile facility.
(b) The responsible physician shall approve the contents, number, location and procedure for periodic inspection of the kits.
Child supervision and health care staff shall be trained and written policies and procedures established to respond appropriately to emergencies requiring first aid.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section heading and first and last paragraphs filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
§1413. Individualized Treatment Plans.
Note • History
With the exception of special purpose juvenile halls, the health administrator/responsible physician, in cooperation with the facility administrator, shall develop policy and procedures to assure that health care treatment plans are developed for all minors who have received services for significant health care concerns.
(a) Policies and procedures shall assure that health care treatment plans are considered in facility program planning.
(b) Health care restrictions shall not limit participation of a minor in school, work assignments, exercise and other programs, beyond that which is necessary to protect the health of the minor or others.
(c) Medical and mental health information shall be shared with child supervision staff in accordance with Section 1407 for purposes of programming, treatment planning and implementation.
(d) Program planning shall include pre-release arrangements for continuing medical and mental health care, together with participation in relevant programs upon return into the community.
Policy and procedures shall require that any minor who is suspected or confirmed to be developmentally disabled is referred to the local Regional Center for the Developmentally Disabled for purposes of diagnosis and/or treatment within 24 hours of identification, excluding holidays and weekends.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1414. Health Clearance for In-Custody Work and Program Assignments.
Note • History
The health administrator/responsible physician, in cooperation with the facility administrator, shall develop health screening and monitoring procedures for work and program assignments that have health care implications, including, but not limited to, food handlers.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
With the exception of special purpose juvenile halls, the health administrator for each juvenile facility, in cooperation with the facility administrator and the local health officer, shall develop written policies and procedures to assure that age- and sex-appropriate health education and disease prevention programs are offered to minors.
The education program shall be updated as necessary to address current health priorities and meet the needs of the confined population.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
For all juvenile facilities, the health administrator, in cooperation with the facility administrator, shall develop written policies and procedures to assure that reproductive health services are available to both male and female minors.
Such services shall include but not be limited to those prescribed by Welfare and Institutions Code Sections 220, 221 and 222 and Health and Safety Code Section 123450.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Welfare and Institutions Code; 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Change without regulatory effect amending section filed 8-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 35).
3. Amendment of first paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
With the exception of special purpose juvenile halls, the health administrator for each juvenile facility, in cooperation with the facility administrator, shall develop written policies and procedures pertaining to pregnant minors that address the following: a diet, vitamins and education as required by Penal Code Section 6030(e) and limitations on the use of restraints in accordance with Penal Code Section 6030(f) and Welfare and Institutions Code Section 222.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code. Reference: Section 6030(e), Penal Code; and Section 222, Welfare and Institutions Code.
HISTORY
1. New section filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
§1430. Intake Health Screening.
Note • History
The health administrator/responsible physician, in cooperation with the facility administrator and mental health director shall establish policies and procedures defining when a health evaluation and/or treatment shall be obtained prior to acceptance for booking. Policies and procedures shall also establish a documented intake health screening procedure to be conducted immediately upon entry to the facility.
(a) The responsible physician shall establish criteria defining the types of apparent health conditions that would preclude acceptance of a minor into the facility without a documented medical clearance. The criteria shall be consistent with the facility's resources to safely hold the minor.
At a minimum, such criteria shall provide:
(1) a minor who is unconscious shall not be accepted into a facility;
(2) minors who are known to have ingested or who appear to be under the influence of intoxicating substances shall be cleared in accordance with Section 1431;
(3) written documentation of the circumstances and reasons for requiring a medical clearance whenever a minor is not accepted for booking; and,
(4) written medical clearance shall be received prior to accepting any minor referred for a pre-booking treatment and clearance.
(b) Procedures for an intake health screening shall consist of a defined, systematic inquiry and observation of every minor booked into the juvenile facility. The screening shall be conducted immediately upon entry to the facility and may be performed by either health care personnel or trained child supervision staff.
(1) Screening procedures shall address medical, dental and mental health concerns that may pose a hazard to the minor or others in the facility, as well as health conditions that require treatment while the minor is in the facility.
(2) Any minor suspected to have a communicable disease that could pose a significant risk to others in the facility shall be separated from the general population pending the outcome of an evaluation by health care staff.
(3) Procedures shall require timely referral for health care commensurate with the nature of any problems or complaint identified during the screening process.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph and subsection (b) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1431. Intoxicated and Substance Abusing Minors.
Note • History
(a) The responsible physician, in cooperation with the health administrator and the facility administrator, shall develop written policy and procedures that address the identification and management of alcohol and other drug intoxication in accordance with Section 1430.
(b) Policy and procedures shall address:
(1) designated housing, including use of any protective environment for placement of intoxicated minors;
(2) symptoms or known history of ingestion that should prompt immediate referral for medical evaluation and treatment;
(3) determining when the minor is no longer considered intoxicated and documenting when the monitoring requirements of this regulation are discontinued;
(4) medical responses to minors experiencing intoxication or withdrawal reactions;
(5) management of pregnant minors who use alcohol or other drugs;
(6) initiation of substance abuse counseling during confinement and referral procedures for continuation upon release to the community consistent with Section 1413 and Section 1355; and,
(7) coordination with mental health services in cases of substance abusing minors with known or suspected mental illness.
(c) A medical clearance shall be obtained prior to booking any minor who displays outward signs of intoxication or is known or suspected to have ingested any substance that could result in a medical emergency. Supervision of intoxicated minors who are cleared to be booked into a facility shall include monitoring by personal observation no less than once every 15 minutes until resolution of the intoxicated state. These observations shall be documented, with actual time of occurrence recorded. Medical staff, or child supervision staff operating pursuant to medical protocols, shall conduct a medical evaluation for all minors whose intoxicated behavior persists beyond six hours from the time of admission.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (a), (b)(2) and (c) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
§1432. Health Appraisals/Medical Examinations.
Note • History
The health administrator/responsible physician, in cooperation with the facility administrator for each juvenile hall, shall develop written policy and procedures for a health appraisal/medical examination of minors and for the timely identification of conditions necessary to safeguard the health of the minor.
(a) The health appraisal/medical examination shall be completed within 96 hours of admission to the facility and result in a compilation of identified problems to be considered in classification, treatment, and the multi-disciplinary management of the minor while in custody and in pre-release planning. It shall be conducted in a location that protects the privacy of the minor and conducted by a physician, or other licensed or certified health professional working within his/her scope of practice and under the direction of a physician.
(1) At a minimum, the health evaluation shall include a health history, examination, laboratory and diagnostic testing, and necessary immunizations as outlined below:
(A) The health history includes: Review of the intake health screening, history of illnesses, operations, injuries, medications, allergies, immunizations, systems review, exposure to communicable diseases, family health history, habits (e.g., tobacco, alcohol and other drugs), developmental history (e.g., school, home, and peer relations), sexual activity, contraceptive methods, reproductive history, physical and sexual abuse, neglect, history of mental illness, self-injury, and suicidal ideation.
(B) The examination includes: Temperature, height, weight, pulse, blood pressure, appearance, gait, head and neck, a preliminary dental and visual acuity screening, gross hearing test, lymph nodes, chest and cardiovascular, breasts, abdomen, genital (pelvic and rectal examination, with consent, if clinically indicated), musculoskeletal, neurologic.
(C) Laboratory and diagnostic testing includes: Tuberculosis testing, together with pap smears and testing for sexually transmitted diseases for sexually active minors. Additional testing should be available as clinically indicated, including pregnancy testing, urinalysis, hemoglobin or hematocrit.
(D) Immunizations shall be verified and, within two weeks of the health appraisal/medical examination, a program shall be started to bring the minor's immunizations up-to-date in accordance with current public health guidelines.
(2) The health examination may be modified by the responsible physician, for minors admitted with an adequate examination done within the last 12 months, provided there is reason to believe that no substantial change would be expected since the last full evaluation. When this occurs, health care staff shall review the intake health screening form and conduct a face-to-face interview with the minor.
(b) For adjudicated minors who are confined in any juvenile facility for successive stays, each of which totals less than 96 hours, the responsible physician shall establish a policy for a medical evaluation and clearance. If this evaluation and clearance cannot be completed at the facility during the initial stay, it shall be completed prior to acceptance at the facility. This evaluation and clearance shall include screening for tuberculosis.
(c) For minors who are transferred to juvenile facilities outside their detention system, the health administrator, in cooperation with the facility administrator, shall develop policy and procedures to assure that a health appraisal/medical examination:
(1) is received from the sending facility at or prior to the time of transfer;
(2) is reviewed by designated health care staff at the receiving facility; and,
(3) absent a previous appraisal/examination or receipt of the record, a health appraisal/medical examination, as outlined in this regulation, is completed on the minor within 96 hours of admission.
(d) The responsible physician shall develop policy and procedures to assure that minors who are transferred among juvenile facilities within the same detention system, receive a written health care clearance. The health appraisal/medical examination shall be reviewed and updated prior to transfer and forwarded to facilities that have licensed on-site health care staff.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (c) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1433. Requests for Health Care Services.
Note • History
The health administrator, in cooperation with the facility administrator, shall develop policy and procedures to establish a daily routine for minors to convey requests for emergency and non-emergency health care services.
(a) There shall be opportunities for both written and verbal communications, including provision for minors who have language or literacy barriers.
(b) Child supervision staff shall relay requests from the minor, initiate referrals when a need for health care services is observed, and advocate for the minor when the need for services appears to be urgent.
(c) Designated staff shall inquire and make observations regarding the health of each minor on a daily basis and in the event of possible injury.
(d) There shall be opportunities available on a twenty-four hour per day basis for minors and staff to communicate the need for emergency health care services.
(e) Provision shall be made for any minor requesting health care attention, or observed to be in need of health care, to be given that attention by licensed or certified health care personnel.
(f) All health care requests shall be documented and maintained.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1434. Consent for Health Care.
Note • History
The health administrator, in cooperation with the facility administrator, shall establish written policy and procedures to obtain informed consent for health care examinations and treatment.
(a) All examinations, treatments, and procedures requiring verbal or written informed consent in the community also require that consent for confined minors.
(b) There shall be provision for obtaining parental consent and obtaining authorization for health care services from the court when there is no parent/guardian or other person standing in loco parentis.
(c) Policy and procedures shall be consistent with applicable statutes in those instances where the minor's consent for testing or treatment is sufficient or specifically required.
(d) Conservators can provide consent only within limits of their court authorization.
Minors may refuse, verbally or in writing, non-emergency medical and mental health care.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The health administrator, in cooperation with the facility administrator, shall develop written policy and procedures to require that dental treatment be provided to minors as necessary to respond to acute conditions and to avert adverse effects on the minor's health. Such treatment shall not be limited to extractions.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1436. Prostheses and Orthopedic Devices.
Note • History
(a) The health administrator, in cooperation with the facility administrator and the responsible physician shall develop written policy and procedures regarding the provision, retention and removal of medical and dental prostheses, including eyeglasses and hearing aids.
(b) Prostheses shall be provided when the health of the minor would otherwise be adversely affected, as determined by the responsible physician.
(c) Procedures for retention and removal of prostheses shall comply with the requirements of Penal Code Section 2656.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1437. Mental Health Services and Transfer to a Treatment Facility.
Note • History
The health administrator/responsible physician, in cooperation with the mental health director and the facility administrator, shall establish policies and procedures to provide mental health services. These services shall include, but not be limited to:
(a) screening for mental health problems at intake;
(b) crisis intervention and the management of acute psychiatric episodes;
(c) stabilization of persons with mental disorders and the prevention of psychiatric deterioration in the facility setting;
(d) elective therapy services and preventive treatment where resources permit;
(e) medication support services;
(f) provision for timely referral, transportation, and admission to licensed mental health facilities, and follow-up for minors whose psychiatric needs exceed the treatment capability of the facility; and,
(g) assurance that any minor who displays significant symptoms of severe depression, suicidal ideation, irrational, violent or self destructive behaviors, or who is receiving psychotropic medication shall be provided a mental status assessment by a licensed mental health clinician, psychologist, or psychiatrist.
Mentally disordered minors who appear to be a danger to themselves or others, or to be gravely disabled, shall be evaluated pursuant to Penal Code Section 4011.6 or Welfare and Institutions Code Section 6551. The minor may be evaluated by licensed health personnel to determine if treatment can be initiated at the juvenile facility. Absent an emergency, unless the juvenile facility has been designated as a Lanterman-Petris-Short (LPS) facility, and minors meet the criteria for involuntary commitment under the LPS Act in Welfare and Institutions Code Section 5000 et seq., all services shall be provided on a voluntary basis. Voluntary mental health admissions may be sought pursuant to Penal Code Section 4011.8 or Welfare and Institutions Code Section 6552.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (e)-(f) and new subsection (g) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment of subsection (g) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1438. Pharmaceutical Management.
Note • History
For all juvenile facilities, the health administrator, in consultation with a pharmacist and in cooperation with the facility administrator, shall develop written policy, establish procedures, and provide space and accessories for the secure storage, controlled administration, and disposal of all legally obtained drugs.
(a) Such policies, procedures, space and accessories shall include, but not be limited to, the following:
(1) securely lockable cabinets, closets, and refrigeration units;
(2) a means for the positive identification of the recipient of the prescribed medication;
(3) administration/delivery of medicines to minors as prescribed;
(4) confirmation that the recipient has ingested the medication;
(5) documenting that prescribed medications have or have not been administered, by whom, and if not, for what reason;
(6) prohibition of the delivery of medication from one minor to another;
(7) limitation to the length of time medication may be administered without further medical evaluation;
(8) the length of time allowable for a physician's signature on verbal orders;
(9) training for non-licensed personnel which includes, but is not limited to: delivery procedures and documentation; recognizing common symptoms and side-effects that should result in contacting health care staff for evaluation; procedures for consultation for confirming ingestion of medication; and, consultation with health care staff for monitoring the minor's response to medication; and,
(10) a written report shall be prepared by a pharmacist, no less than annually, on the status of pharmacy services in the institution. The pharmacist shall provide the report to the health authority and the facility administrator.
(b) Consistent with pharmacy laws and regulations, the health administrator shall establish written protocols that limit the following functions to being performed by the identified personnel:
(1) Procurement shall be done only by a physician, dentist, pharmacist, or other persons authorized by law.
(2) Storage of medications shall assure that stock supplies of legend medications shall only be accessed by licensed health personnel. Supplies of legend medications that have been properly dispensed and supplies of over-the-counter medications may be accessed by both licensed and trained non-licensed personnel.
(3) Repackaging shall only be done by a physician, dentist, pharmacist, or other persons authorized by law.
(4) Preparation of labels can be done by a physician, dentist, pharmacist or other personnel, both licensed and trained non-licensed, provided the label is checked and affixed to the medication container by the physician, dentist, or pharmacist before administration or delivery to the minor. Labels shall be prepared in accordance with Section 4047.5 of the Business and Professions Code.
(5) Dispensing shall only be done by a physician, dentist, pharmacist, or other person authorized by law.
(6) Administration of medication shall only be done by licensed health personnel who are authorized to administer medication and acting on the order of a prescriber.
(7) Licensed health care personnel and trained non-licensed personnel may deliver medication acting on the order of a prescriber.
(8) Disposal of legend medication shall be done in accordance with pharmacy laws and regulations and requires any combination of two of the following classifications: physician, dentist, pharmacist, or registered nurse. Controlled substances shall be disposed of in accordance with Drug Enforcement Administration disposal procedures.
(c) The responsible physician shall establish policies and procedures for managing and providing over-the-counter medications to minors.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (a)(7) and (a)(8) and new subsection (a)(9) filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of subsection (b)(7) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1439. Psychotropic Medications.
Note • History
The health administrator/responsible physician, in cooperation with the mental health director and the facility administrator, shall develop written policies and procedures governing the use of voluntary and involuntary psychotropic medications.
(a) These policies and procedures shall include, but not be limited to:
(1) protocols for physicians' written and verbal orders for psychotropic medications in dosages appropriate to the minor's need;
(2) requirements that verbal orders be entered in the minor's health record and signed by a physician within 72 hours;
(3) the length of time voluntary and involuntary medications may be ordered and administered before re-evaluation by a physician;
(4) provision that minors who are on psychotropic medications prescribed in the community are continued on their medications pending re-evaluation and further determination by a physician;
(5) provision that the necessity for continuation on psychotropic medications is addressed in pre-release planning and prior to transfer to another facility or program; and,
(6) provision for regular clinical/administrative review of utilization patterns for all psychotropic medications, including every emergency situation.
(b) Psychotropic medications shall not be administered to a minor absent an emergency unless informed consent has been given by the legally authorized person or entity.
(1) Minors shall be informed of the expected benefits, potential side effects and alternatives to psychotropic medications.
(2) Absent an emergency, minors may refuse treatment.
(c) Minors found by a physician to be a danger to themselves or others by reason of a mental disorder may be involuntarily given psychotropic medication immediately necessary for the preservation of life or the prevention of serious bodily harm, and when there is insufficient time to obtain consent from the parent, guardian, or court before the threatened harm would occur. It is not necessary for harm to take place or become unavoidable prior to initiating treatment.
(d) Assessment and diagnosis must support the administration of psychotropic medications. Administration of psychotropic medication is not allowed for coercion, discipline, convenience or retaliation.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsections (b) and (d) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (d) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1450. Suicide Prevention Program.
Note • History
The health administrator, in cooperation with the mental health director and the facility administrator, shall develop a written suicide prevention plan, with policies and procedures to prevent and respond to crisis. Staff training shall include, but not be limited to, identification of minors who present a suicide risk, appropriate monitoring of their condition, necessary treatment and follow-up and emergency response protocols for self-injurious behaviors.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
§1452. Collection of Forensic Evidence.
Note • History
The health administrator, in cooperation with the facility administrator, shall establish policies and procedures assuring that forensic medical services, including drawing of blood alcohol samples, body cavity searches, and other functions for the purpose of prosecution are collected by appropriately trained medical personnel who are not responsible for providing ongoing health care to the minor.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The health administrator, in cooperation with the facility administrator, shall develop policy and procedures for treating victims of sexual assaults and for reporting such incidents to local law enforcement when they occur in the facility.
The evidentiary examination and initial treatment of victims of sexual assault shall be conducted at a health facility that is separate from the custodial facility and is properly equipped and staffed with personnel trained and experienced in such procedures..
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1454. Participation in Research.
Note • History
The health administrator, in cooperation with the facility administrator, shall develop policy and procedures governing biomedical or behavioral research involving minors. Such research shall occur only when ethical, medical and legal standards for human research are met. Written policy and procedure shall require assurances for the safety of the minor and informed consent.
Participation shall not be a condition for obtaining privileges or other rewards in the facility. This regulation does not preclude the collection and analysis of routine facility data or use of Investigational New Drug protocols that are available in the community. Neither does it prohibit blind studies of disease prevalence performed under the auspices of the local health officer. The court, health administrator, and facility administrator shall be informed of all such proposed actions.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Article 9. Food
Note • History
Food shall be served three times in any 24-hour period. At least one of these meals shall include hot food. Supplemental food shall be offered to minors at the time of initial intake; shall be served to minors if more than 14 hours pass between meals; and shall be served to minors on medical diets as prescribed by the attending physician.
A minimum of twenty minutes shall be allowed for the actual consumption of each meal except for those minors on medical diets where the responsible physician has prescribed additional time.
Provisions shall be made for minors who may miss a regularly scheduled facility meal. They shall be provided with a substitute meal and beverage, and minors on medical diets shall be provided with their prescribed meal.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 9 (sections 1460-1467) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
The minimum diet provided shall be based upon the nutritional and caloric requirements found in the 1999-2002 Dietary Reference Intakes (DRI) of the Food and Nutrition Board, Institute of Medicine of the National Academies; the 1990 California Daily Food Guide, and the 2005 Dietary Guidelines for Americans. Facilities electing to provide vegetarian diets, and facilities that provide religious diets, shall also conform to these nutrition standards.
The nutritional requirements for the minimum diet are specified in the following subsections. Snacks may be included as part of the minimum diet. A wide variety of foods should be served and spices should be used to improve the taste and eye appeal of food served.
(a) Protein Group. Includes: beef, veal, lamb, pork, poultry, fish, eggs, cooked dry beans, peas, lentils, nuts, peanut butter, and textured vegetable protein (TVP). One serving equals 14 grams or more of protein; the daily requirements shall equal two servings. In addition, there shall be a requirement to serve a third serving from the legumes three days a week. One serving equals, but is not limited to, one of the following examples:
2 to 3 oz. (without bone) lean, cooked meat, poultry or fish
2 medium eggs
1 cup cooked dry beans, peas, or lentils
4 Tbsp. peanut butter
8 oz. tofu
2 1/4 oz. dry, or 1 cup rehydrated, canned, or frozen TVP
1/2 cup seeds
2/3 cup nuts
(b) Dairy Group. Includes milk (fluid, evaporated or dry; nonfat; 1% or 2% reduced fat, etc.); cheese (cottage, cheddar, etc.); yogurt; ice cream or ice milk, and pudding. A serving is equivalent to 8 oz. of fluid milk and provides at least 250 mg of calcium. All milk shall be pasteurized and fortified with vitamins A and D. For persons 9-18 years of age, including pregnant and lactating women, the daily requirement is four servings.
One serving equals, but is not limited to, one of the following examples:
8 oz. fluid milk (nonfat, 1% or 2% reduced fat)
1 1/2 oz. natural cheese
2 oz. processed cheese
1 1/2 cups of lowfat, or nonfat cottage cheese
1 1/2 cups of ice milk, or ice cream
1/3 cup nonfat dry milk
1/2 cup nonfat, or lowfat evaporated milk
1 cup nonfat, or lowfat plain yogurt
1 cup pudding
(c) Vegetable-Fruit Group. Includes: fresh, frozen, dried, and canned vegetables and fruits. One serving equals: 1/2 cup vegetable or fruit; 6 oz. of 100% juice; 1 medium apple, orange, banana, or potato; 1/2 grapefruit, or 1/4 cup dried fruit. The daily requirement shall be at least six servings; at least one serving shall be from each of the following three categories:
(1) One serving of a fresh fruit or vegetable.
(2) One serving of a Vitamin C source containing 30 mg. or more. One serving equals, but is not limited to, the following examples:
Broccoli Orange juice
Brussels Sprouts Potato (baked only)
Cabbage Strawberries
Cantaloupe, or honeydew Tangerine, large
melon Tomato paste
Cauliflower Tomato puree
Green and red peppers Tomato juice
(not dehydrated) Tomato sauce (6 oz.)
Greens collards including Vegetable juice cocktail
kale, turnip, and mustard
greens
Grapefruit
Grapefruit juice
Orange
(3) One serving of a Vitamin A source fruit or vegetable containing 200 micrograms Retinol Equivalents (RE) or more. One serving equals, but is not limited to, the following examples:
Apricot nectar (6 oz.) Peas and carrots
Apricots Pumpkin
Cantaloupe Red peppers
Carrots Sweet potatoes or yams
Greens, including kale, Vegetable juice cocktail (6 oz.)
beets, chard, mustard, Winter squash
turnips, or spinach
Mixed vegetables with
carrots
(d) Grain Group. Includes: bread, rolls, pancakes, sweet rolls, ready-to-eat, or cooked cereals, corn bread, pasta, rice, tortillas, etc., and any food item containing whole or enriched grains. At least three servings from this group must be made with some whole grains. The daily requirement for minors shall be a minimum of six servings. One serving equals, but is not limited to, one of the following examples:
Bread, white (including French and Italian), 1 slice
whole wheat, rye, pumpernickel, or raisin
Bagel, small 1/2
English muffin, small 1/2
Plain roll, muffin or biscuit 1
Frankfurter roll 1/2
Hamburger bun 1/2
Dry bread crumbs 3 Tbsp.
Crackers:
Arrowroot 3
Graham, 2 1/2 ” 2
Matzo, 4” x 6” 1/2
Oyster 20
Pretzels, 3 1/8” long, 1/8” diameter 25
Rye wafers, 2” x 3 1/2” 3
Soda, 2 1/2” sq. 6
Ready-to-eat unsweetened cereal 3/4 cup
Cereal, cooked 1/2 cup
Barley, couscous, grits, macaroni, noodles,
pastas, rice, spaghetti, etc. 1/2 cup
Cornmeal, dry 2 Tbsp.
Flour (wheat, whole wheat, carob, soybean,
cornmeal, etc.) 2 1/2 Tbsp.
Wheat germ 1/4 cup
Pancakes, 5” 1
Waffle, 5” 1
Tortilla, 6” (corn/flour) 1
The following are examples of whole grains and whole grain products:
Barley Pumpernickel bread
Bran Rolled oats
Brown rice Rye
Corn meal Whole grain
tortilla bagels, muffins, and crackers, graham
baked taco/tostada shell hot cereal
Cracked wheat (bulgur) pancakes and waffles
Flour ready-to-eat cereal
carob Whole wheat
soybean bread
whole wheat rolls
Oatmeal tortilla
Popcorn
(e) Calories. The average daily caloric allowances shall be as follows: 2200 calories for females 11 to 18 years of age; 2500 to 3000 calories for males 11 to 18 years of age.
(1) Providing only the minimum servings outlined earlier in this regulation is not sufficient to meet the minors' caloric requirements. Based on activity levels, additional servings from dairy, vegetable-fruit, and bread-cereal groups shall be provided in amounts to meet caloric requirements. Pregnant minors shall be provided with a diet as approved by a doctor in accordance with Penal Code Section 6030(e) and a supplemental snack, if medically indicated.
(2) In keeping with chronic disease prevention goals, total dietary fat should not exceed 30 percent of total calories on a weekly basis. Fat shall be added only in minimum amounts necessary to make the diet palatable.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Change without regulatory effect amending section filed 8-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 35).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
5. Amendment of first paragraph and subsection (e) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
6. Amendment of subsections (c)(3) and (e)(1) filed 5-23-2008 as an emergency; operative 5-23-2008 (Register 2008, No. 21). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-30-2008 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-23-2008 order transmitted to OAL 9-10-2008 and filed 10-23-2008 (Register 2008, No. 43).
Note • History
Only the attending physican shall prescribe a medical diet. The medical diets utilized by a facility shall be planned, prepared, and served with the consultation of a registered dietitian. The facility manager shall comply with any medical diet prescribed for a minor. Diet orders shall be maintained on file for at least one year.
The facility manager and responsible physician shall ensure that the medical diet manual, with sample menus for medical diets, shall be available in both the medical unit and the food service office for reference and information. A registered dietitian shall review, and the responsible physician shall approve the diet manual on an annual basis.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
4. Amendment of section heading and section filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Menus shall be planned at least one month in advance of their use. Menus shall be planned to provide a variety of foods considering the cultural and ethnic makeup of the facility, thus, preventing repetitive meals. Menus shall be approved by a registered dietitian before being used.
If any meal served varies from the planned menu, the change shall be noted in writing on the menu and/or production worksheet.
Menus, as planned and including changes, shall be retained for one year and evaluated by a registered dietitian at least annually.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
3. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
Facilities shall have a written food service plan that shall comply with the applicable California Uniform Retail Food Facilities Law (CURFFL). In facilities with an average daily population of 50 or more, there shall be employed or available, a trained and experienced food services manager to prepare a written food service plan. In facilities of less than an average daily population of 50, that do not employ or have a food services manager available, the facility administrator shall prepare a written food service plan. The plan shall include, but not be limited to the following policies and procedures:
(a) menu planning;
(b) purchasing;
(c) storage and inventory control;
(d) food preparation;
(e) food serving;
(f) transporting food;
(g) orientation and on-going training;
(h) personnel supervision;
(i) budgets and food costs accounting;
(j) documentation and record keeping;
(k) emergency feeding plan;
(l) waste management; and,
(m) maintenance and repair.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Change without regulatory effect amending subsection (g) filed 8-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 35).
3. Amendment of section heading and section filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Repealer and new section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1465. Food Handlers Education and Monitoring.
Note • History
The facility administrator, in cooperation with the food services manager, shall develop and implement written procedures to ensure that supervisory staff and food handlers receive ongoing training in safe food handling techniques, including personal hygiene, in accordance with Section 114020 of the Health and Safety Code, California Uniform Retail Food Facilities Law. The procedures shall include provisions for monitoring compliance that ensure appropriate food handling and personal hygiene requirements.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Change without regulatory effect amending section filed 8-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 35).
3. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
4. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1466. Kitchen Facilities, Sanitation, and Food Storage.
Note • History
Kitchen facilities, sanitation, and food preparation, service, and storage shall comply with standards set forth in Health and Safety Code, Division 104, Part 7, Chapter 4, Articles 1-8, Sections 113700 et seq. California Uniform Retail Food Facilities Law (CURFFL).
In facilities where minors prepare meals for self-consumption or where frozen meals or pre-prepared food from other permitted food facilities (see Health and Safety Code section 113920) are (re)heated and served, the following applicable CURFFL standards may be waived by the local health officer:
(a) section 114065, Equipment Standards;
(b)section 114090(b) through (e) Dishwashing Equipment. If a domestic or commercial dishwasher, capable of providing heat to the surface of the utensils of a temperature of at least 165 degrees Fahrenheit, is used for the purpose of cleaning and sanitizing multi-service kitchen utensils and multi-service consumer utensils;
(c) section 114140 Ventilation except that, regardless of such a waiver, the facility shall provide mechanical ventilation sufficient to remove gases, odors, steam, heat, grease, vapors and smoke from the kitchen;
(d) section 114150(a) Floors; and,
(e) section 114165(b) Mop Sinks.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Change without regulatory effect amending section filed 8-25-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 35).
§1467. Food Serving and Supervision.
Note • History
Policies and procedures shall be developed and implemented to ensure that appropriate work assignments are made and food handlers are adequately supervised. Food shall be prepared and served only under the immediate supervision of a staff member.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of section heading and section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 10. Clothing and Personal Hygiene
§1480. Standard Facility Clothing Issue.
Note • History
The minor's personal clothing and footwear may be substituted for the institutional clothing and footwear specified in this regulation. The facility has the primary responsibility to provide clothing and footwear. Clothing provisions shall ensure that:
(a) clothing is clean, reasonably fitted, durable, easily laundered, and in good repair; and
(b) the standard issue of climatically suitable clothing for minors shall consist of but not be limited to:
(1) socks and serviceable footwear;
(2) outer garments; and,
(3) undergarments, that are freshly laundered and free of stains, including shorts and tee shirts for males, and bra and panties for females.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 10 (sections 1480-1488) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of subsection (b)(3) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (b)(3) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Provision shall be made to issue suitable additional clothing essential for minors to perform special work assignments where the issue of regular clothing would be unsanitary or inappropriate.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
The facility administrator shall develop written policies and procedures for the cleaning and scheduled exchange of clothing. Unless work, climatic conditions, or illness necessitates more frequent exchange, outer garments, except footwear, shall be exchanged at least once each week. Undergarments and socks shall be exchanged daily.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§1483. Clothing, Bedding and Linen Supply.
Note • History
There shall be a quantity of clothing, bedding, and linen available for actual and replacement needs of the facility population. Each facility shall have a written procedure for acquisition, handling, storage, transportation and processing of clothing, bedding and linen in a clean and sanitary manner.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1484. Control of Vermin in Minors' Personal Clothing.
Note • History
There shall be written policies and procedures developed by the facility administrator to control the contamination and/or spread of vermin in all minors' personal clothing. Infested clothing shall be cleaned or stored in a closed container so as to eradicate or stop the spread of the vermin.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
§1485. Issue of Personal Care Items.
Note • History
There shall be written policies and procedures developed by the facility administrator for the availability of personal hygiene items. Each female minor shall be provided with sanitary napkins and/or tampons as needed. Each minor to be held over 24 hours shall be provided with the following personal care items:
(a) toothbrush;
(b) dentifrice;
(c) soap;
(d) comb; and,
(e) shaving implements.
Minors shall not be required to share any personal care items listed in items (a) through (d). Liquid soap provided through a common dispenser is permitted. Minors shall not share disposable razors. Double edged safety razors, electric razors, and other shaving instruments capable of breaking the skin, when shared among minors, shall be disinfected between individual uses by the method prescribed by the State Board of Barbering and Cosmetology in Sections 979 and 980, Chapter 9, Title 16, California Code of Regulations.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
There shall be written policies and procedures developed by the facility administrator for showering/bathing and brushing of teeth. Minors shall be permitted to shower/bathe upon assignment to a housing unit and on a daily basis thereafter and given an opportunity to brush their teeth after each meal.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Note • History
Minors shall be allowed to shave daily, unless their appearance must be maintained for reasons of identification in Court. The facility administrator may suspend this requirement in relation to minors who are considered to be a danger to themselves or others.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Note • History
Written policies and procedures shall be developed by the facility administrator to comply with Title 16, Chapter 9, Sections 979 and 980, California Code of Regulations. Hair care services shall be available in all juvenile facilities. Minors shall receive hair care services monthly. Equipment shall be cleaned and disinfected after each haircut or procedure, by a method approved by the State Board of Barbering and Cosmetology.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
Article 11. Bedding and Linens
§1500. Standard Bedding and Linen Issue.
Note • History
Clean laundered, suitable bedding and linens, in good repair, shall be provided for each minor entering a living area who is expected to remain overnight, shall include, but not be limited to:
(a) one mattress or mattress-pillow combination which meets the requirements of Section 1502 of these regulations;
(b) one pillow and a pillow case unless provided for in (a) above;
(c) one mattress cover and a sheet or two sheets;
(d) one towel; and,
(e) one blanket or more depending upon climatic conditions.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 11 (sections 1500-1502) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
§1501. Bedding and Linen Exchange.
Note • History
The facility administrator shall develop written policies and procedures for the scheduled exchange of laundered bedding and linen issued to each minor housed. Washable items such as sheets, mattress covers, pillow cases and towels shall be exchanged for clean replacement at least once each week.
The covering blanket shall be cleaned or laundered once a month.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
3. Amendment of subsection (b)(3) filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25).
Note • History
Any mattress issued to a minor in any facility shall conform to the size of the bed as referenced in Title 24, Section 460A.2.5 and be enclosed in an easily cleaned, non-absorbent ticking. Any mattress purchased for issue to a minor in a facility, which is locked to prevent unimpeded access to the outdoors, shall be certified by the manufacturer as meeting all requirements of the State Fire Marshal and Bureau of Home Furnishings test standard for penal mattresses, Technical Information Bulletin Number 121, dated April 1980.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment of first paragraph filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 12. Facility Sanitation and Safety
§1510. Facility Sanitation, Safety and Maintenance.
Note • History
The facility administrator shall develop written policies and procedures for the maintenance of an acceptable level of cleanliness, repair and safety throughout the facility. The plan shall provide for a regular schedule of housekeeping tasks, equipment and physical plant maintenance and inspections to identify and correct unsanitary or unsafe conditions or work practices in a timely manner.
Medical care housing as described in Title 24, Section 13-201(c)6 shall be cleaned and sanitized according to policies and procedures as established by the health administrator.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New article 12 (sections 1510-1511) and section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
2. Amendment filed 1-11-2001; operative 2-10-2001 (Register 2001, No. 2).
§1511. Smoke Free Environment.
Note • History
The facility administrator shall develop policies and procedures to assure that State laws prohibiting minors from smoking are enforced in all juvenile facilities, related work details, and other programs. Policies and procedures shall assure that minors are not exposed to second-hand smoke while in the facility or in the custody of staff.
NOTE
Authority cited: Sections 210 and 885, Welfare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes of 1996.
HISTORY
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
Article 13. Minors in Jails [Repealed]
HISTORY
1. Repealer of article 13 (sections 1520-1527) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 14. Minors in Temporary Custody in a Law Enforcement Facility [Repealed]
HISTORY
1. Repealer of article 14 (sections 1540-1550) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Article 15. Minors in Court Holding Facilities [Repealed]
HISTORY
1. Repealer of article 15 (sections 1560-1567) filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
Subchapter 6. Local Jail Construction Financing Program
Article 1. General Provisions
Note • History
The purpose of these regulations is to implement and specify Chapters 3.11 and 3.12 of Title 2, Division 3, Part 10b of the California Government Code.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.90, 15820.901, 15820.902, 15820.903, 15820.905, 15820.906, 15820.907, 15820.91, 15820.911, 15820.912, 15820.913, 15820.915, 15820.916 and 15820.917, Government Code.
HISTORY
1. New subchapter 6 (articles 1-5, sections 1700-1792), article 1 (sections 1700-1706) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New subchapter 6 (articles 1-5, sections 1700-1792), article 1 (sections 1700-1706) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subchapter heading, section and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subchapter heading, section and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
The following words, where used in this subchapter, shall have the meaning hereafter ascribed to them in this article, unless the context of their use clearly requires a different meaning.
“Local Jail Construction Financing Program” means the requirements set forth in Chapters 3.11 and 3.12 of Title 2, Division 3, Part 10b of the California Government Code to finance the construction of local jails.
“Administrative work plan” means a comprehensive plan for designing, performing and managing the proposed project.
“Applicant” means the participating county that is applying for financing through the Local Jail Construction Financing Program.
“Application” means the document prepared by a county, or two or more counties if a common application, by which a request is made to participate in Phase II of the Local Jail Construction Financing Program.
“Application assessment factors” means criterion by which applications will be assessed, as stipulated in Sections 1712.1, 1714.1, 1730.1, 1731, and 1740.1 of these regulations, for financing through Phase II of the Local Jail Construction Financing Program.
“Assist the State in siting mental health day treatment and crisis care, and/or a continuum of care for parolees” means a Board of Supervisors' resolution outlining the county's intent to assist the State in siting mental health day treatment and crisis care, pursuant to Penal Code Section 3073, and/or a continuum of care at the conclusion of an offenders parole period in Phase I of the Local Jail Construction Financing Program.
“Assist the State in siting reentry facilities” means a Board of Supervisors' resolution outlining the county's intent to assist the State in siting a reentry facility, pursuant to Penal Code Section 6270 in Phase I of the Local Jail Construction Financing Program.
“Authority” means State Corrections Standards Authority, which acts by and through its Executive Director and representatives.
“Board” means the State Public Works Board.
“Board of Supervisors' resolution” means a written resolution by a County Board of Supervisors.
“CCR” means California Code of Regulations.
“CDCR” means the California Department of Corrections and Rehabilitation.
“Cash match” and “hard match” are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1714 and Section 1714.1.
“Concept drawings” means, with respect to a design-build project, any drawings or architectural renderings that may be prepared, in addition to performance criteria, in such detail as the participating county determines necessary to sufficiently describe the participating county's needs.
“Conditional award” means the maximum amount of state reimbursement a participating county may receive for a project through the Local Jail Construction Financing Program, subject to or conditioned upon certain requirements including, but not limited to: 1) each participating county's project must be approved by the Authority and the Board at various stages throughout planning and construction as required by these regulations; 2) each participating county must enter into the state/county agreements as required by these regulations; and 3) the financing mechanism of lease-revenue bonds are able to be sold for each selected project.
“Construction bid” means a construction bid with respect to a design-bid-build project.
“Construction documents” means architectural plans and specifications that are one hundred percent (100%) complete and generally include: completed specifications with bid proposal documents; completed construction drawings; and special interest items (corrections, modifications, or additions made to the documents).
“Construction management” means a specialized, multidisciplinary function provided by a firm or individual acting as the county's representative with the responsibility to guide the county through all phases of delivery of the construction project.
“Corrections Standards Authority agreement” also known as the CSA agreement, means the written agreement and any amendments thereto which outline roles and responsibilities between the participating county and the Authority as it relates to the oversight of the project.
“Cost effectiveness” means a computed factor that is the state dollar cost per net gain in beds, to be computed as the total amount of state funds requested divided by the total net gain in beds.
“County” means a legal subdivision of the State of California as defined in subsection (a) of Section 1 of Article XI of the California Constitution.
“Design-bid-build” means a construction procurement process independent of the design process and in which the construction of a project is procured based on completed construction documents.
“Design-build” means a construction procurement process in which both the design and construction of a project are procured from a single entity.
“Design capacity” includes all housing areas, even those specialized units that are not included in the rated capacity. It does not, however, include temporary holding cells, such as those in the reception and booking areas of the facility. Design capacity is used in calculating costs per bed and square foot.
“Design development” means architectural plans and specifications that are fifty percent (50%) complete and generally include: outline specifications (detention hardware, equipment, and furnishings); floor plans (to scale with dimensions, room designations, references, wall types, and ratings); building sections (heights and dimensions); interior elevations; and preliminary structural, mechanical, and electrical drawings.
“Detention alternatives” means programming efforts designed to reduce jail crowding as well as recidivism among local offenders.
“EIR” means environmental impact report; a report as defined in the California Environmental Quality Act (CEQA) as implemented in Title 14, CCR, Public Resources Code, Sections 21000-21177.
“Evaluation and rating process” means the method by which each county's proposal will be evaluated using the criteria stipulated in Sections 1712, 1714, 1730, 1731, and 1740 of these regulations resulting in a rank ordered list for financing consideration.
“Facility administrator” means the sheriff or other official charged by law with the administration of a local jail.
“Facility lease” means a lease-revenue bond financing document in which the Board leases the site and the Board-financed local jail facility to CDCR for the term of the bonds and, subject to availability for use and occupancy, the CDCR agrees to pay rent and other related obligations.
“Facility sublease” means a sublease of the Board-financed local jail facility from CDCR, with the consent of the Board, to a participating county, for its use, operation and maintenance, as described in Section 1754.
“Ground lease” means a lease between a participating county and CDCR, with the consent of the Board, to place possession and control of the real property upon which the Board-financed local jail facility will be constructed with CDCR as described in Section 1752.
“Hard match” and “cash match” are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1714 and Section 1714.1.
“In-kind match” and “soft match” are used interchangeably and mean local funds in the form of property value or management/administrative services dedicated to the project by the applicant for eligible expenditures as defined in Section 1714 and Section 1714.1.
“Interim Financing” is a loan or loans that the CDCR and the Board obtain for the state's share of the project and which may be obtained pursuant to: i) Sections 16312 and 16313 of the California Government Code (Pooled Money Investment Board loans), (ii) Section 15849.1 of the California Government Code (General Fund loans), or iii) any other appropriate source.
“Large county” means a county with a general county population from 700,001 and above as estimated by the State Department of Finance for January 1, 2007 for Phase I and January 1, 2011 for Phase II.
“Lease-revenue bonds” and “state bond financing” are interchangeable and means lease-revenue bonds issued by the State Public Works Board for jail facilities as authorized in Chapters 3.11 and 3.12 of Title 2, Division 3, Part 10b of the California Government Code, as may be amended from time to time.
“Local jail” means Type II, III and IV facilities as defined in Title 15, CCR, Section 1006 and Title 24, CCR, Part 1, Section 13-102. Pursuant to Section 1712 and Section 1712.1, only county-owned and operated local jails are eligible for state bond financing. Temporary and court holding facilities are not eligible for state bond financing.
“Match” means local funds in the form of cash, property value, or management/administrative services contributed by a county on a state bond financed project in the ratio described in Section 1714 and Section 1714.1.
“Medium county” means a county with a general county population from 200,001 to 700,000 as estimated by the State Department of Finance for January 1, 2007 for Phase I and January 1, 2011 for Phase II.
“Needs assessment study” means a compilation of data that substantiates and justifies the scope of the project proposed to be funded through the 2007 Local Jail Construction Financing Program.
“Net gain in beds” means the number of beds (rated capacity and special use beds) to be added, minus the number of existing beds (rated capacity and special use beds) to be eliminated in the county (if any) as a result of the project constructed through the Phase I of the Local Jail Construction Financing Program.
“Operational program statement” means a description of the intended operation of a local jail proposed to be financed through the Local Jail Construction Financing Program.
“Participating county” means any county or regional consortium of counties within the state that has been certified to the Board by the CDCR as having satisfied all of the requirements set forth in Chapter 3.11 or 3.12 of Title 2, Division 3, Part 10b of the California Government Code, respectively, for financing the construction or renovation of a local jail facility pursuant to those chapters.
“Performance criteria” means, with respect to a design-build project, the information that fully describes the scope of the proposed project and includes, but is not limited to, the size, type, and design character of the buildings and site; the required form, fit, function, operational requirements, and quality of design, materials, equipment, and workmanship; and any other information deemed necessary to sufficiently describe the participating county's needs; including documents prepared pursuant to paragraph (1) of subdivision (d) of Section 20133 of the Public Contract Code.
“Phase I” means the process and awarding of financing pursuant to Chapter 3.11 of Title 2, Division 3, Part 10b of the California Government Code.
“Phase II” means the process and awarding of financing pursuant to Chapter 3.12 of Title 2, Division 3, Part 10b of the California Government Code.
“Preliminary plans” means a site plan, architectural floor plans, elevations, outline specifications and a cost estimate for each utility, site development, conversion, and remodeling project. The drawings shall be sufficiently descriptive to accurately convey the location, scope, cost and the nature of the improvement being proposed.
“Project” means the construction or renovation of a local jail facility proposed to be financed through the Local Jail Construction Financing Program.
“Project delivery and construction agreement” means the written agreement and any amendments thereto between the Board, the CDCR, the Authority, and the participating county supplying the terms, provisions, and conditions governing the delivery of the project, as well as other supplemental terms and conditions that are deemed necessary to the project by the Board as described in Section 1748.
“Proposal” means the document prepared by a county, or two or more counties if a common application, by which a request is made to participate in Phase I of the Local Jail Construction Financing Program.
“Proposal evaluation criteria” means criterion by which proposals will be rated for financing through Phase I of the Local Jail Construction Financing Program.
“Rated capacity” means the number of inmate occupants, as determined by the Authority, for which a facility's single and double occupancy cells or dormitories (excluding those areas dedicated for medical or mental health care or disciplinary isolation housing), were planned and designed in conformity with the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231.
“Reentry preference” means preference given to counties in Phase I of the Local Jail Construction Financing Program that agree to assist the State in siting reentry facilities pursuant to Government Code Section 15820.907.
“Regional consortium of counties” means two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities, and financial obligations of all parties.
“Schematic design” means architectural plans and specifications that are thirty percent (30%) complete and generally include: a site plan; floor plan; exterior elevations and cross sections; type of construction; and actual gross floor area.
“Scope of work and project impact” means a description of the project and the impact the project will have on the county's detention system.
“Site” means the property on which the Board-financed local jail facility is located, including a buffer zone. Roadways or areas serving functions other than the jail shall not be considered part of the site.
“Small county” means a county with a general county population of 200,000 or fewer as estimated by the State Department of Finance for January 1, 2007 for Phase I and January 1, 2011 for Phase II.
“Soft match” and “in-kind match” are used interchangeably and mean local funds in the form of property value or management/administrative services dedicated to the project by the applicant for eligible expenditures as defined in Section 1714 and Section 1714.1.
“Special use beds” means beds for the purpose of appropriately housing offenders in medical, mental health or disciplinary rooms, cells or units that are planned and designed in conformity to the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231.
“Staffing plan” means an assessment and identification of staffing levels needed to operate the proposed project.
“State bond financing” and “lease-revenue bonds” are used interchangeably and mean lease-revenue bonds issued by the State Public Works Board for jail facilities as authorized in Chapters 3.11 and 3.12 of Title 2, Division 3, Part 10b of the California Government Code, as may be amended from time to time.
“State reimbursements” are payments made to the county by CDCR to reimburse the county for project costs which were deemed eligible for state financing.
“Working drawings” means a complete set of plans and specifications showing and describing all phases of a project, architectural, structural, mechanical, electrical, civil engineering and landscaping systems to the degree necessary for the purposes of accurate bidding by contractors and for the use of artisans in constructing the project.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.90, 15820.901, 15820.902, 15820.903, 15820.905, 15820.906, 15820.907, 15820.91, 15820.911, 15820.912, 15820.913, 15820.915, 15820.916 and 15820.917, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of definitions of “Facility lease” and “Participating county” and new definitions of “Facility sublease” and “Ground lease,” transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. New definitions of “Concept drawings,” “Design-bid-build,” “Design-build” and “Performance criteria” and amendment of definitions of “Ground lease,” “Rated capacity,” “Site” and “Special use beds” filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment of section and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Article 2. Eligibility Requirements
§1712. Eligibility Requirements for Phase I.
Note • History
(a) To be eligible for participation in Phase I of the Local Jail Construction Financing Program, a county shall:
(1) Submit the required proposal described in Section 1730 of these regulations;
(2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations;
(3) Provide match as specified in Section 1714 of these regulations;
(4) Provide a copy of a signed Board of Supervisors' resolution agreeing to assist the State in siting a reentry facility in their county, pursuant to Penal Code Section 6270, if applicable; and/or,
(5) Provide a copy of a signed Board of Supervisors' resolution agreeing to assist the State in siting mental health day treatment, crisis care, and/or a continuum of care for parolees in their county, pursuant to Penal Code Section 3073, if applicable.
(b) If the conditions in subsection (a) of this regulation are met counties may apply for reimbursement for the following:
(1) Costs of construction of the Authority-approved local jail facility project including site preparation, fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility, not to exceed seventy five percent (75%) of the total project costs. Costs in excess of these levels, including higher than expected construction bids, unanticipated costs, cost overruns, and costs of moveable equipment and moveable furnishings, shall be funded by the county.
(c) Projects or items not eligible for state reimbursement under these regulations shall include, but not be limited to, the following:
(1) Temporary holding or court holding facilities.
(2) Local jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible.
(3) Purchase, lease, or rent of land; personnel or operational costs; construction management; architectural programming and design; environmental reports; soil and/or water contamination assessment/mitigation; excavation of burial sites; moveable equipment and moveable furnishings; public art; off-site costs including access roads, power generation and utilities development; costs attributable to county building permit fees and/or building code inspection fees; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.
NOTE
Authority cited: Section 15820.906, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901 15820.906 and 15820.907, Government Code; and Sections 3073 and 6270, Penal Code.
HISTORY
1. New article 2 (sections 1712-1714) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 2 (sections 1712-1714) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, subsections (a), (b), (c) and (c)(2) and amendment of Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1712.1. Eligibility Requirements for Phase II.
Note • History
(a) To be eligible for participation in Phase II of the Local Jail Construction Financing Program, a county shall:
(1) Complete the application process described in Section 1730.1 of these regulations;
(2) Complete or update a needs assessment study as prescribed in Section 1731 of these regulations;
(3) Provide match as specified in Section 1714.1 of these regulations;
(b) If the conditions in subsection (a) of this regulation are met counties may apply for reimbursement for the following:
(1) Costs of construction of the Authority-approved local jail facility project including site preparation; architectural programming and design (by consultants or contractors); construction management (for activities by consultants or contractors); building permit fees, sewer/utility use or unit fees, and for building inspection fees; fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility; and moveable equipment and moveable furniture (subject to State review and approval); not to exceed ninety percent (90%) of the total eligible project costs.
(c) Costs in excess of ninety percent (90%) of the total eligible project costs, including higher than expected construction bids, unanticipated costs and cost overruns shall be funded by the county.
(d) Projects or items not eligible under these regulations shall include, but not be limited to, the following:
(1) Temporary holding or court holding facilities.
(2) Local jail facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible.
(3) Lease or rent of land; personnel or operational costs; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.
NOTE
Authority cited: Section 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.911, 15820.916 and 15820.917, Government Code; and Sections 3073 and 6270, Penal Code.
HISTORY
1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1714. Matching Fund Requirements for Phase I.
Note • History
(a) Participating county matching funds for projects proposed to be financed under these regulations for Phase I shall be a minimum of twenty-five percent (25%) of the total project costs pursuant to California Government Code Section 15820.907.
(b) The Authority may reduce the Phase I matching fund requirements for participating counties with a general population 200,000 or fewer upon petition by a participating county to the Authority requesting a lower level of matching funds.
(c) Cash match for Phase I must be at least 10 percent (10%) of total eligible project costs for large counties and at least 5 percent (5%) of total eligible project costs for medium and small counties.
(d) Expenditures eligible as cash match for Phase I shall include those for:
(1) Costs of construction of the Authority, CDCR and Board-approved local jail facility project;
(2) Architectural programming and design by consultants or contractors;
(3) Preparation of full or focused environmental reports by consultants or contractors; and,
(4) Construction management by consultants or contractors.
(e) In-kind match for Phase I cannot exceed 15 percent (15%) of total eligible project costs for large counties and cannot exceed 20 percent (20%) of total eligible project costs for medium and small counties.
(f) Expenditures eligible as in-kind match for Phase I shall include those defined above as eligible cash match expenditures, plus the following:
(1) Costs to audit the state bond financed project including staff salary/benefits of independent county auditor or services of a contracted auditor;
(2) A needs assessment study (or studies where applicable);
(3) Site acquisition cost or current fair market value supported by an independent appraisal of on-site land cost/value of new facility construction, or on-site land cost/value of a closed facility that will be renovated and reopened, and/or on-site land used for expansion of an existing facility. Costs cannot be claimed for land that is under an existing operational local jail facility;
(4) County administration where the staff salary/benefits are directly related to the construction project; and,
(5) Transition planning, including staff salary/benefits and consultant activities directly related to the construction project.
(g) To qualify as match, local expenditures must be directly for the project.
NOTE
Authority cited: Section 15820.906, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.907, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (a), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, section and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1714.1. Matching Fund Requirements for Phase II.
Note • History
(a) Participating county matching funds for projects proposed to be financed under these regulations for Phase II shall be a minimum of ten percent (10%) of the total project costs pursuant to California Government Code Section 15820.917.
(b) The Authority may reduce the Phase II matching fund requirements for participating counties with a general population 200,000 or fewer upon petition by a participating county to the Authority requesting a lower level of matching funds.
(c) Participating county matching funds for Phase II can be any combination of cash and in-kind match, subject to the limitations established in this section.
(d) Expenditures eligible as cash match for Phase II shall include the following:
(1) Costs of construction of the Authority, CDCR and Board-approved local jail facility project as identified section 1712.1(b)(1) above;
(2) Moveable equipment and moveable furnishings (subject to State review and approval);
(3) Architectural programming and design by consultants or contractors;
(4) Preparation of full or focused environmental reports by consultants or contractors;
(5) Building permit fees, sewer/utility use or unit fees, and for building inspection fees;
(6) Off-site costs, including access roads and utilities development, outside of a reasonable buffer zone surrounding the perimeter of the security fence, detention facility building and parking lot; and,
(7) Public art.
(e) Expenditures eligible as in-kind match for Phase II shall include the following:
(1) Costs to audit the state bond financed project including staff salary/benefits of independent county auditor or services of a contracted auditor;
(2) A needs assessment study (or studies where applicable);
(3) Site acquisition cost or current fair market value supported by an independent appraisal of on-site land cost/value of new facility construction, or on-site land cost/value of a closed facility that will be renovated and reopened, and/or on-site land used for expansion of an existing facility. Costs cannot be claimed for land that is under an existing operational local jail facility;
(4) County administration where the staff salary/benefits are directly related to the construction project;
(5) Transition planning, including staff salary/benefits and consultant activities directly related to the construction project; and,
(6) Real estate due diligence costs as billed to the county by the State.
(f) To qualify as match, local expenditures must be directly for the project.
NOTE
Authority cited: Section 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.916 and 15820.917, Government Code.
HISTORY
1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Article 3. Application to Participate in the Local Jail Construction Financing Program
§1730. Proposal Process for Phase I.
Note • History
(a) The proposal for Phase I will be submitted on either the 2007 Local Jail Construction Funding Program Proposal Form, dated December 20, 2007, attached to the Request for Proposals Construction or Expansion of County Jails or the 2007 Local Jail Construction Funding Program, AB 900 -- Phase 1 -- 2009 Edition Proposal Form, dated July 21, 2009, attached to the Request for Proposals, Construction or Expansion of County Jails, AB 900 -- Phase 1 -- 900 Edition, and incorporated into these regulations by reference herein. This is an interactive form to be completed by counties electronically, printed and submitted as the project proposal along with other required documents as attachments. The form can be accessed through the Authority's website at http://www. cdcr.ca.gov/Divisions_Boards/CSA/. It is also available to the public upon request directly from the Authority's business office in Sacramento, CA.
(b) Phase I proposals shall consist of, but not be limited to, the following:
(1) A signed Board of Supervisors' resolution agreeing to assist the State in siting a reentry facility in its county, pursuant to Penal Code Section 6270, if applicable;
(2) A signed Board of Supervisors' resolution identifying the reentry site location(s), accompanied by a resolution from the City Council if the site is located within the limits of the city, if applicable;
(A) Pursuant to Section 1747.5, a siting agreement will be required.
(3) A signed Board of Supervisors' resolution agreeing to assist the State in siting mental health day treatment, crisis care, and/or a continuum of care for parolees in its county, pursuant to Penal Code Section 3073, if applicable;
(4) A signed Board of Supervisors' resolution authorizing submission of the proposal for state bond financing for a local jail facility;
(5) A needs assessment study as prescribed in Section 1731 of these regulations;
(6) A description of the project need;
(7) An estimated budget for the project, which must identify the amount of state bond financing requested and the local match to be provided; and,
(8) A description of the proposed scope of work for the project including project impact, (i.e., number of beds to be added), a construction and administrative work plan, and an estimated timetable for completion of major phases of the project.
NOTE
Authority cited: Section 15820.906, Government Code; and Section 6030, Penal Code. Reference: Section 15820.906, Government Code; and Sections 3073 and 6270, Penal Code.
HISTORY
1. New article 3 (sections 1730-1754) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (sections 1730-1754) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsections (b)(4)-(5) and (b)(8), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a) filed 11-16-2010; operative 12-16-2010 (Register 2010, No. 47).
5. Amendment of article heading, section heading, subsections (a), (b), (b)(2) and (b)(7) and amendment of Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of article heading, section heading, subsections (a), (b), (b)(2) and (b)(7) and amendment of Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1730.1. Application Process for Phase II.
Note • History
(a) Counties participating in the Phase II application process must submit to the Authority the 2011 Local Jail Construction Financing Program -- AB 900 Phase II Application Form, dated October 6, 2011, and attached to the AB 900 Phase II Construction or Expansion of County Jails, Request for Applications, and incorporated into these regulations by reference herein. This is an interactive form to be completed by counties electronically, printed and submitted as the project application along with other required documents as attachments by January 11, 2012. The form can be accessed through the Authority's website at http://www.cdcr.ca.gov/CSA/index.html. It is also available to the public upon request directly from the Authority's business office in Sacramento, CA. The application shall include, but not be limited to, the following required exhibits and attachments:
(1) A signed Board of Supervisors' resolution authorizing submission of the application for state bond financing for a local jail facility;
(2) A needs assessment study as prescribed in Section 1731 of these regulations;
(3) A description of the project need;
(4) An estimated budget for the project, which must identify the amount of state bond financing requested and the local match to be provided; and,
(5) A description of the proposed scope of work for the project, including project impact, (i.e., number of beds to be added), a construction and administrative work plan, and an estimated timetable for completion of major phases of the project.
(b) In addition to the documents identified in subsection (c) of this section, a county that holds a Phase I conditional award and elects to relinquish that award to apply for a Phase II award and seeks preference for relinquishing, while continuing to assist the state in siting a reentry facility, shall also submit the following:
(1) A signed Board of Supervisors' resolution agreeing to continue to assist the State in siting a reentry facility in its county, pursuant to Penal Code Section 6270, if applicable.
NOTE
Authority cited: Section 15820.916, Government Code; and Section 6030, Penal Code. Reference: Section 15820.916, Government Code; and Sections 3073 and 6270, Penal Code.
HISTORY
1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1731. Needs Assessment Study.
Note • History
(a) Any county or regional consortium of counties intending to construct or renovate a Type II, III or IV (as defined in Title 15, CCR, Section 1006 and Title 24, CCR, Section 13-102) local jail facility, or add 25 beds or more to an existing local jail facility shall complete a needs assessment study pursuant to Title 24, CCR, Part 1, Section 13-102(c)2. The needs assessment study shall be submitted with the Phase I proposal or Phase II application.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1740. Phase I Proposal Evaluation Criteria.
Note • History
Pursuant to California Government Code Sections 15820.906 and 15820.907, the criteria by which the Phase I proposals shall be rated shall include the following:
(a) Assisting the State in siting reentry facilities;
(b) Assisting the State in siting mental health day treatment, crisis care, and/or a continuum of care for parolees;
(c) Cost effectiveness;
(d) Documentation of need for the project;
(e) Detention alternatives;
(f) Scope of work and project impact;
(g) Administrative work plan;
(h) Net gain in beds; and,
(i) Cash match.
NOTE
Authority cited: Sections 15820.906, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.907, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, first paragraph and Note filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, first paragraph and Note refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1740.1. Phase II Application Assessment Factors.
Note • History
(a) Pursuant to California Government Code Sections 15820.916 and 15820.917, the factors by which applications will be assessed shall include the following:
(1) The percentage of inmates the county committed to state custody in relation to the total inmate population of CDCR in 2010, or whether the participating county received a Phase I conditional award and wishes to relinquish that award and agrees to continue to assist the state in siting a reentry facility pursuant to Chapter 9.8 of Title 7 of Part 3 of the Penal Code.
(2) Cost effectiveness;
(3) Documentation of need for the project;
(4) Detention alternatives;
(5) Scope of work and project impact;
(6) Administrative work plan;
(7) Plan for adequate staffing of the facility;
(8) Effects of realignment; and,
(9) Budget.
NOTE
Authority cited: Section 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.916 and 15820.917, Government Code.
HISTORY
1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1747. Steps to Proceed with Construction for Design-Bid-Build Projects.
Note • History
(a) The Authority shall ensure that the county is ready to proceed with construction. A participating county shall be deemed ready to proceed with construction when it has done all of the following:
(1) Met all the requirements in the proposal pursuant to Section 1730 or the application pursuant to Section 1730.1 of these regulations;
(2) As required in Section 1749, obtained compliance with the operational and physical plant requirements in the Minimum Standards for Local Detention Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 and the fire and life safety requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section 408;
(3) Obtained confirmation that CDCR has received the following:
(A) Establishment of the scope, cost and schedule of the project by the Board;
(B) Approval of preliminary plans by the Board and the State Department of Finance;
(C) Approval of working drawings by the State Department of Finance;
(D) Approval of proceeding to bid by the State Department of Finance; and
(E) Approval of construction bid award by the State Department of Finance.
(4) Filed with the Authority a schedule of values of expected state reimbursements, cash match, and in-kind match and other budget items, along with a construction schedule, project management plan, and names, roles and contact information of key county personnel;
(5) Filed with the Authority a financial plan detailing arrangements to provide its portion of project costs, including reserves for cash flow, source of matching funds, and a schedule of anticipated match expenditure that is at least proportional to the expenditure of costs that are proposed to be reimbursed by the state;
(6) Filed with the Authority a statement citing any exemptions from federal laws, state or local laws, regulations, ordinances, standards, or requirements;
(7) Filed with the Authority documentation of California Environmental Quality Act compliance; and,
(8) Filed with the Authority a written certification, that the county has control of the site, either through fee-simple ownership or comparable long-term possession, and right of access to the facility sufficient to assure undisturbed use and possession.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsections (a)(2) and (a)(9), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading and section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1747.1. Steps to Proceed with Construction for Design-Build Projects.
Note • History
(a) The Authority shall ensure that the county is ready to proceed with the design-build process. A participating county shall be deemed ready to proceed with the design-build process when it has done all of the following:
(1) Met all the requirements in the proposal pursuant to Section 1730 or the application pursuant to Section 1730.1 of these regulations;
(2) As required in Section 1749.1(a), obtained the Authority's approval of the performance criteria or performance criteria and concept drawings. The performance criteria or performance criteria and concept drawings shall specify the project will meet the operational and physical plant requirements in the Minimum Standards for Local Detention Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 and the fire and life safety requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section 408;
(3) Obtained confirmation that CDCR has received the following:
(A) Establishment of the scope, costs and schedule of the project by the Board;
(B) Approval of performance criteria or performance criteria and concept drawings by the Board;
(C) Approval of proceeding to design-build proposal solicitation by the State Department of Finance: and
(D) Approval of design-build contract award by the State Department of Finance.
(4) Filed with the Authority a schedule of values of expected state reimbursements, cash match, and in-kind match and other budget items, along with a construction schedule, project management plan, and names, roles and contact information of key county personnel;
(5) Filed with the Authority a financial plan detailing arrangements to provide its portion of project costs, including reserves for cash flow, source of matching funds, and a schedule of anticipated match expenditure that is at least proportional to the expenditure of costs that are proposed to be reimbursed by the state;
(6) Filed with the Authority a statement citing any exemptions from federal laws, state or local laws, regulations, ordinances, standards, or requirements;
(7) Filed with the Authority documentation of California Environmental Quality Act Compliance; and,
(8) Filed with the Authority a written certification, that the county has control of the site, either through fee-simple ownership or comparable long-term possession, and right of access to the facility sufficient to assure undisturbed use and possession.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911 and 15820.916, Government Code.
HISTORY
1. New section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
3. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
4. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1747.5. Requirements for the Siting Agreement in Phase I.
Note • History
(a) In Phase I, a siting agreement between the CDCR and a participating county shall be entered into within ninety (90) calendar days following notification to the county by the Authority (with any additional time extensions at the discretion of the Authority) of the intent to conditionally award state bond financing for construction of a local jail facility based on a reentry preference. The signed siting agreement is necessary prior to the CDCR providing certification of financing to the Board where a preference for reentry has been awarded.
(b) The agreement shall include, but not be limited to, the following:
(1) A description of the reentry site including the proximity of water, sewer and power supply.
(2) A signed Board of Supervisors' resolution identifying the proposed reentry site location(s), accompanied by a resolution from the City Council if the site(s) are located within the limits of a city, if applicable;
(3) Language that states that the proposed site(s) is/are agreeable to CDCR.
(4) The roles, responsibilities and performance expectations of the parties to establish a reentry facility.
(5) A description of the needs of the individual county with respect to the parolee population, as well as the services and programs that will be available and/or necessary for a successful reentry facility.
(6) A description of the location and design of the reentry facility, staffing and operations (where applicable) and additional terms as the parties deem necessary.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.905, 15820.907, 15820.915 and 15820.917, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of section, transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading and subsection (a) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading and subsection (a) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1748. Requirements for the Project Delivery and Construction Agreement.
Note • History
(a) The project delivery and construction agreement between the Board, CDCR, the Authority, and a participating county shall be executed after the Board establishes the scope, cost and schedule of the project. The project delivery and construction agreement shall include the roles, responsibilities and performance expectations of the parties.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.911 and 15820.915, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of section, transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (c) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment of subsection (a) and repealer of subsections (b)-(c) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (a) and repealer of subsections (b)-(c) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1748.5. Requirements for the Corrections Standards Authority's Agreement.
Note • History
(a) The Corrections Standards Authority agreement between the Authority and the participating county shall be executed concurrently, or as concurrently as practicable, with the execution of the project delivery and construction agreement. The Corrections Standards Authority agreement shall include the roles and responsibilities of the participating county and the Authority as it relates to the oversight of the project.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.911 and 15820.915, Government Code.
HISTORY
1. New section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1749. Submittal of Architectural Drawings and Specifications for Design-Bid-Build Projects.
Note • History
(a) Architectural drawings and specifications shall be submitted to the Authority at the schematic design phase, the design development phase, and the construction document phase, pursuant to Title 24, CCR, Part 1, Section 13-102(c)5.
(b) The Authority will review the drawings and specifications as soon as practicable, but no later than thirty (30) calendar days, and in the event of any major deficiencies, the Authority will notify the county in writing. Deficiencies may be identified as either failures to comply with minimum jail standards or as design features that may pose serious safety, security, operational, or management problems if left uncorrected, even where minimum jail standards are not violated.
(c) Pursuant to California Government Code Sections 15820.906 and 15820.916, to enhance safety and security, the Authority may require changes in construction materials if the materials proposed with the final plans and specifications are not essential or customary, as used statewide for same security level facilities.
(d) Deficiencies in compliance with the operational and physical plant requirements in the Minimum Standards for Local Detention Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 and construction materials shall be corrected by the county prior to advertising for bids.
(e) Architectural drawings and specifications shall be submitted to the State Fire Marshal for review and approval.
(f) The Board will have final approval of all projects, and Board approval or disapproval of any project is not subject to the appeal process as described in Article 5.
(g) No state moneys shall be encumbered in contracts let by a participating county until construction document plans and specifications have been approved by the Authority and subsequent construction bids have been received.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911 and 15820.916, Government Code; and Section 6029, Penal Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (f), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, repealer of subsection (a)(1) and amendment of subsection (d) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
§1749.1. Submittal of Performance Criteria and Architectural Drawings and Specifications for Design-Build Projects.
Note • History
(a) Performance criteria or performance criteria and concept drawings shall be submitted to the Authority for review and approval before the county issues a request for proposals for the services of a design-build entity.
(b) Construction documents shall be submitted to the Authority and the State Fire Marshal for review and approval.
(c) The Authority will review the construction documents as soon as practicable, but no later than thirty (30) calendar days, and in the event of any major deficiencies, the Authority will notify the county in writing. Deficiencies may be identified as either failures to comply with minimum jail standards or as design features that may pose serious safety, security, operational, or management problems if left uncorrected, even where minimum jail standards are not violated.
(d) Pursuant to California Government Code Sections 15820.906 and 15820.916, to enhance safety and security, the Authority may require changes in construction materials if the materials proposed with the construction documents are not essential or customary, as used statewide for same security level facilities.
(e) Deficiencies in compliance with the operational and physical plant requirements in the Minimum Standards for Local Detention Facilities in Title, 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 and construction materials shall be corrected prior to completion of construction.
(f) The Board will have final approval of all projects, and Board approval or disapproval of any project is not subject to the appeal process as described in Article 5.
(g) No state moneys shall be encumbered in contracts let by a participating county until performance criteria or performance criteria and concept drawings have been approved by the Authority pursuant to subsection (a) and a design-build contract has been awarded.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911 and 15820.916, Government Code; and Section 6029, Penal Code.
HISTORY
1. New section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
§1750. Operational Program Statement/Staffing Plan/Operating Cost Analysis for Design-Bid-Build Projects.
Note • History
(a) Pursuant to Title 24, CCR, Part 1, Section 13-102(c)3, an operational program statement shall be submitted with the schematic design drawings and specifications.
(b) At the time the county submits the design development plans and specifications for review and approval, it shall also submit a preliminary staffing plan, along with an analysis of other anticipated operating costs, for the facility. At a minimum, this plan shall include the following:
(1) Staffing requirements under the proposed design capacity;
(2) Shift and post identification of staff for the proposed facility, delineated by custody and support staff;
(3) Transition team program statement and costs;
(4) Analysis of a thirty (30) year lifecycle operating costs and maintenance and energy costs for the proposed facility; and,
(5) Identification of, and revenue sources for, sufficient county funds needed to support the staffing levels and operating costs for the proposed facility.
(c) Following Authority determination that the preliminary staffing plan complies with regulations, the facility administrator or designee shall submit the preliminary staffing plan and operating cost analysis to the Board of Supervisors for review and approval.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading, new subsection (a) and subsection relettering filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
§1750.1. Operational Program Statement/Staffing Plan/Operating Cost Analysis for Design-Build Projects.
Note • History
(a) At the time the county submits the performance criteria or performance criteria and concept drawings for review and approval with respect to a design-build project, it shall also submit an operational program statement, and a preliminary staffing plan, along with an analysis of other anticipated operating costs, for the facility. At a minimum, this plan shall include the following:
(1) Staffing requirements under the proposed design capacity;
(2) Shift and post identification of staff for the proposed facility, delineated by custody and support staff;
(3) Transition team program statement and costs;
(4) Analysis of a thirty (30) year lifecycle operating costs and maintenance and energy costs for the proposed facility; and,
(5) Identification of, and revenue sources for, sufficient county funds needed to support the staffing levels and operating costs for the proposed facility.
(b) Following Authority determination that the preliminary staffing plan complies with regulations, the facility administrator or designee shall submit the preliminary staffing plan and operating cost analysis to the Board of Supervisors for review and approval.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
§1751. General County Requirements.
Note • History
(a) Pursuant to California Government Code Sections 15820.901 and 15820.911, a participating county may acquire, design, and construct the local jail in accordance with its local contracting authority.
(b) Pursuant to California Government Code Sections 15820.901 and 15820.911, a participating county may assign an inspector during the construction of the project, notwithstanding California Government Code Section 14951.
(c) Pursuant to California Government Code Sections 15820.901 and 15820.911, the participating county is the lead agency responsible for compliance with the California Environmental Quality Act.
(d) With the consent of the Board, the CDCR and a participating county are authorized to enter into leases, subleases, contracts, or other agreements pursuant to California Government Code Sections 15820.905 and 15820.915.
(e) In all agreements related to this program, the participating county shall indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county's acquisition, design, construction, operation, maintenance, use and occupancy of the local jail facility.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.911 and 15820.915, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (e) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (e) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) Aground lease between the participating county and CDCR, with Board consent, will be entered into after the county has entered into the project delivery and construction agreement and the Board has determined the site is adequate for purposes of financing in accordance with Government Code Section 15820.901(a).
(b) An easement (documented in a separate easement agreement) over adjacent county property for project access, utilities and repairs may also be required at the time the ground lease is initiated.
(c) Attached to the ground lease will be a legal description of the site.
(d) The ground lease shall not be terminated as long as the lease-revenue bonds are outstanding, even in the event of default.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.906 and 15820.915, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (a), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (b) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1753. Right of Entry for Construction.
Note • History
(a) A right of entry for construction between CDCR and the participating county will be entered into concurrently with the ground lease.
(b) The right of entry for construction authorizes the participating county and their contractors to use the site that has been leased to CDCR via the ground lease for construction related activities.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.905 and 15820.915, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a) and repealer of subsection (c) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a) and repealer of subsection (c) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) If the facility lease between the Board and CDCR is executed, CDCR and the participating county shall enter into a facility sublease of the facility lease with Board consent. The facility sublease will describe the county's responsibilities, obligations, and other terms and conditions for the county's occupancy of the facility during the term of the facility sublease.
(b) The facility sublease is subject to and subordinate to the facility lease.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.905 and 15820.915, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsections (c) and (c)(3), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a) and repealer of subsections (c)-(c)(11) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a) and repealer of subsections (c)-(c)(11) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Article 4. Administration of Reimbursements and Project Monitoring
§1756. Disbursement of State Reimbursements.
Note • History
(a) No state moneys shall be encumbered in contracts let by a participating county until either (i) construction document plans and specifications have been approved by the Authority pursuant to Section 1749 and subsequent construction bids have been received, or (ii) performance criteria or performance criteria and concept drawings have been approved by the Authority pursuant to Section 1749.1(a) and a design-build contract has been awarded.
(b) Upon approval of the participating county's proposal or application by the Authority and execution of the CSA agreement, a state reimbursement schedule will be established by the Authority.
(c) Requests for state reimbursements shall include such supporting documentation as may be required by the Authority and/or CDCR and, in the event of deficiencies in the request, the participating county shall be notified by the Authority of the deficiencies as soon as practicable.
(d) State reimbursements shall be made in arrears on a schedule mutually agreed to by the Authority and the participating county and established in the CSA agreement.
(e) No state reimbursements will be made until the participating county has complied with all applicable state requirements.
(f) At such time as the balance of anticipated total state reimbursements reaches five percent (5%), the Authority shall withhold that amount as security, to be released to the participating county upon compliance with all of the applicable terms in the CSA agreement, project delivery and construction agreement, other agreements applicable to the financing, and applicable conditions and requirements of law and regulation. This includes:
(1) Final completion of the project;
(2) Receipt and approval of the final audit and the final project summary report;
(3) The final construction inspection and approval by appropriate officials; and
(4) Staffing and operating the facility within ninety (90) days of construction completion.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.903, 15820.906, 15820.913 and 15820.916, Government Code.
HISTORY
1. New article 4 (sections 1756-1772) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 4 (sections 1756-1772) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment of article heading, section heading and section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment of article heading, section heading and section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1757. Pooled Money Investment Board. [Repealed]
Note • History
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 16312, 16313, 15820.902 and 15820.912, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (b), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (b) filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Repealer filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Repealer refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1760. Record Keeping and Accounting.
Note • History
(a) The participating county shall establish an official file for the project. The file shall contain adequate documentation of all actions that have been taken with respect to the project. The documents to be retained shall include, but are not limited to, contracts, payment of invoices, transfer of funds and other related accounting records sufficient to reflect properly the amount, receipt and disposition of all state reimbursements and county funds for contribution. The participating county will provide a copy of the official file to CDCR upon termination of the CSA agreement.
(b) The participating county shall protect records from fire or other damage.
(c) The official project file must be preserved a minimum of three years after the last date on which no lease-revenue bonds are outstanding.
(d) All state reimbursements received by the participating county shall be deposited into separate fund accounts, which identify the funds and clearly show the manner of their disposition.
(e) Accounting for state reimbursements shall be in accordance with generally accepted accounting principles and practices. Supporting records must be maintained by the participating county in sufficient detail to demonstrate that the state reimbursements were used for the purpose for which the award was made and in accordance with the provisions of state contracting and shall be subject to Board and Authority audit as described in Section 1770.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (b), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading and section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading and section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) The Authority and CDCR shall regularly monitor the administration of the project and the distribution of state reimbursements to a participating county, in order to assess compliance and determine that the project is operating in accordance with the approved proposal and/or application, the conditions of the CSA agreement, these regulations and the law.
(b) The Authority, Board and the State Department of Finance shall have administrative oversight of the project.
(c) Access to the project site, county project files and contractors' records shall be provided to the Authority, or other state officials, during all phases of construction throughout the term of the CSA agreement.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 15820.911 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) The participating county shall agree to proceed with the agreed upon construction schedule and complete the project in accordance with the CSA agreement and the plans and specifications (with respect to a design-bid-build project) or the performance criteria or performance criteria and concept drawings (with respect to a design-build project) and plans and specifications approved by the Board and the Authority.
(b) The participating county's failure to proceed with the project on the agreed schedule may be a material breach of the project delivery and construction agreement and the CSA agreement.
(c) Upon completion of the project, the participating county shall submit a final project summary to the Authority.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 15820.906, 15820.911, 15820.915 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of section, transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 11-22-2010 as an emergency; operative 11-22-2010 (Register 2010, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-2-2011 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-22-2010 order transmitted to OAL 4-14-2011 and filed 5-26-2011 (Register 2011, No. 21).
6. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
7. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) Project modifications proposed after the CSA agreement is signed require advance approval of the Board and the Authority if the modifications:
(1) Are more than minor changes which affect the scope, design, configuration, cost or schedule of the project;
(2) Are more than minor changes to the design, location, size, capacity, or quality of major items of equipment;
(3) Cause a delay or change in the date of substantial completion or final completion dates for the project; or,
(4) Cause any change that would impact the Authority's operational or construction regulations in Title 15, CCR, Division 1, Chapter 1, Subchapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 1231 or the State Fire Marshal's construction regulations in Title 24, CCR, Parts 2 and 9 as adopted by the Office of the State Fire Marshal, a change in the number of beds or a change which affects the security or fire and life safety of the facility.
(b) The participating county shall report, in writing, to the Authority any modifications to the county's agreement for construction with its contractor.
(c) Summaries of all change orders shall be submitted to the Authority with each invoice/progress report.
(d) Neither the approval of the CSA agreement or any action of staff with respect to project changes, including approval or disapproval thereof, shall commit or obligate the Authority to any increase in the amount of the financing conditionally awarded, except as expressly provided in writing by the Authority.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
(a) A participating county shall obtain an audit performed in accordance with Government Auditing Standards, issued by the Comptroller General of the United States for its project within ninety (90) days following construction completion. The audit shall be performed under the direction of a Certified Public Accountant or a county auditor that is organizationally independent from the participating county's project financial management functions.
(b) The auditor shall advise the county of any findings and recommendations. The final audit report shall be sent to the Board of Supervisors of the county and shall incorporate the county's response and plans for corrective action to any auditor findings and recommendations.
(c) A corrective action plan for each finding and recommendation must be prepared by the county (within ten days after notification of the findings) and submitted to the Authority as part of the final audit report. The corrective action plan must include:
(1) A description of each finding and recommendation;
(2) Specific steps taken to remedy the finding or implement the recommendation;
(3) A timetable for performance of each corrective action; and,
(4) A description of monitoring to be performed, and who will perform it to ensure implementation of each corrective action.
(d) The Board, CDCR and Authority reserve the right to audit the accounting records of the project at any time. The CDCR or the Authority may disallow claims for state reimbursements and/or applicable matching credit for all or part of the cost of an item determined to be ineligible and/or not in compliance with established terms and conditions.
(e) Any state reimbursement of an improper expenditure disclosed in such audits will be recovered by the state through withholding future state reimbursements and/or repayment by the participating county, at the discretion of the Authority.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1772. Unused Conditional Awards.
Note • History
(a) In no case shall a county receive state reimbursements in excess of the amount of the conditional award approved by the Authority.
(b) If a participating county does not use the full amount of the conditional award, the unused amount shall be available for redistribution to other counties and used for other eligible projects.
(c) Any state reimbursements determined to have been inappropriately or erroneously made, including those resulting from noncompliance as well as overpayments resulting from county plan modifications or other causes, shall, upon written notification, be repaid to the state. Such repayment may be by county warrant and/or may be withheld from subsequent payments at the discretion of the Authority.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of subsection (c), transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of section heading and section filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading and section refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Article 5. Appeal Procedures
Note • History
The appeal hearing procedures are intended to provide a review concerning the Authority's proposal evaluation and rating process or application assessment process. A county may appeal on the basis of the Authority's alleged evaluation or assessment criteria misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures regarding the proposal evaluation and rating process or application assessment process.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New article 5 (sections 1776-1792) and section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 5 (sections 1776-1792) and section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order, including amendment of section, transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
Note • History
For the purposes of this article, the following definitions shall apply:
“Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for a formal decision concerning matters raised pursuant to the purposes set forth in Section 1776 of these regulations.
“Appellant” means a participating county that files a request for an appeal hearing.
“Authority” means Corrections Standards Authority, which acts by and through its Executive Director and representatives.
“Authorized representative” means an individual authorized by the appellant to act as his/her representative in any or all aspects of the hearing.
“Executive Director” means the Executive Director of the Authority.
“Filing date” means the date a request for an appeal hearing is received by the Executive Director's office at the Corrections Standards Authority.
“Hearing panel” means a panel comprised of three members of the Authority, who shall be selected by the chairperson of the Authority at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not:
(i) Be employed by, or be residents of, the county submitting the appeal or,
(ii) Be employed by any other county that has a funded project or is seeking qualification for disbursement of state reimbursements.
“Notice of decision” means a written statement by the Executive Director of the Authority, which contains the formal decision of the Executive Director and the reason for that decision.
“Proposed decision” means a written recommendation from the hearing panel to the Authority, containing a summary of facts and a recommended decision on the appeal.
“Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken and a request for a hearing on the matter, and filed with the Executive Director of the Authority.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of definitions of “Hearing panel” and “Proposed decision” filed 11-16-2010; operative 12-16-2010 (Register 2010, No. 47).
5. Amendment of definition of “Hearing Panel” filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of definition of “Hearing Panel” refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1788. Request for Corrections Standards Authority Appeal Hearing.
Note • History
(a) If a participating county is dissatisfied with an action of the Authority's evaluation and rating process or the application assessment process, it may file a request for an appeal hearing with the Authority. Such appeal shall be filed within thirty (30) calendar days of the notification of the action with which the county is dissatisfied.
(b) The request shall be in writing and:
(1) Shall state the basis for the dissatisfaction;
(2) Shall state the action being requested of the Authority;
(3) Shall state the desired remedy; and,
(4) Shall include as attachments any correspondence related to the appeal to and from the Executive Director.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsection (a) filed 12-5-2011 as an emergency; operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (a) refiled 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-24-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed 9-25-2012 (Register 2012, No. 39).
§1790. Corrections Standards Authority's Hearing Procedures.
Note • History
(a) The hearing shall be conducted by a hearing panel, designated by the Chairperson of the Authority, at a reasonable time, date, and place, but not later than twenty-one (21) days after the filing of the request for hearing with the Authority, unless delayed upon mutual agreement by the Authority and the participating county. The Authority shall mail or deliver to the appellant or authorized representative a written notice of the time, date, and place of hearing not less than seven days prior to the hearing.
(b) The procedural time requirements may be waived with mutual written consent of the parties involved.
(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within sixty (60) days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued upon mutual agreement by the hearing panel and the participating county.
(d) An appellant may waive a personal hearing before the hearing panel and, under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.
(e) The hearing is not formal in nature. Pertinent and relevant information, whether written or oral, will be accepted. Hearings will be tape recorded.
(f) Neither the Federal Rules of Evidence nor the California Rules of Evidence apply in these administrative hearings.
(g) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Authority at its next regular public meeting.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4. Amendment of subsections (a) and (c) filed 11-16-2010; operative 12-16-2010 (Register 2010, No. 47).
§1792. Corrections Standards Authority's Decision.
Note • History
(a) The Authority, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Amend the decision with or without taking additional evidence into consideration; or,
(3) Order a further hearing to be conducted, if additional information is needed to decide the issue.
(b) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Authority or notice of new hearing ordered, the notice decision or other such actions shall be sent via certified mailed by the Authority to the appellant.
(c) The record of the testimony, exhibits, all papers and requests filed in the proceedings, and the hearing panel's proposed decision shall constitute the exclusive record for decision and shall be available to the appellant for one year after the date of the Authority's notice of decision in the case.
(d) The decision of the Authority shall be final.
NOTE
Authority cited: Sections 15820.906 and 15820.916, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, Government Code.
HISTORY
1. New section filed 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-14-2008 as an emergency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-14-2008 order transmitted to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
Subchapter 7. 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program
Article 1. General Provisions
Note • History
The purpose of these regulations is to implement and specify Welfare and Institutions Code Sections 1970 through 1976.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1970, 1971, 1972, 1973, 1974, 1975 and 1976, Welfare and Institutions Code.
HISTORY
1. New subchapter 7 (articles 1-5, sections 1800-1892), article 1 (sections 1800-1806) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
The following words, where used in this subchapter, shall have the meaning hereafter ascribed to them in this article, unless the context of their use clearly requires a different meaning.
“2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program” means the requirements set forth in Chapter 1.5, Article 3 of the Welfare and Institutions Code to finance the construction of local youthful offender rehabilitative facilities.
“Administrative work plan” means a comprehensive plan for designing, performing and managing the proposed project.
“Applicant” means the participating county that is applying for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Authority” means State Corrections Standards Authority, which acts by and through its Executive Director and representatives.
“Board” means the State Public Works Board.
“Board of Supervisors' resolution” means a written resolution by a County Board of Supervisors.
“CCR” means California Code of Regulations.
“CDCR” means the California Department of Corrections and Rehabilitation.
“Cash match” and “hard match” are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.
“Conditionally award state bond funds” means that counties selected for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program will be awarded funds that are subject to or conditioned upon certain requirements including, but not limited to: 1) each county's project must be approved by the Authority and the Board at various stages throughout planning and construction as required by these regulations; 2) each selected county must enter into the state/county agreements as required by these regulations; and 3) the financing mechanism of lease-revenue bonds are able to be sold for each selected project.
“Construction documents” means architectural plans and specifications that are one hundred percent (100%) complete and generally include: completed specifications with bid proposal documents; completed construction drawings; and special interest items (corrections, modifications, or additions made to the documents).
“Construction management” means a specialized, multidisciplinary function provided by a firm or individual acting as the county's representative with the responsibility to guide the county through all phases of delivery of the construction project.
“County” means a legal subdivision of the State of California as defined in subsection (a) of Section 1 of Article XI of the California Constitution.
“County juvenile facility” means a county juvenile hall, juvenile home, ranch or camp, forestry camp, regional youth education facility, boot camp or special purpose juvenile hall as defined in Title 15, CCR, Division 1, Chapter 1, Subchapter 5, Section 1302 and Title 24, CCR, Part 1, Section 13-201. Pursuant to Section 1812, only county-owned and operated county juvenile facilities or local youthful offender rehabilitative facilities are eligible for state bond financing. Temporary and court holding facilities are not eligible for state bond financing.
“Design capacity” includes all housing areas, even those specialized units that are not included in the rated capacity. It does not, however, include temporary holding rooms, such as those in the reception and booking areas of the facility. Design capacity is used in calculating costs per bed and square foot.
“Design development” means architectural plans and specifications that are fifty percent (50%) complete and generally include: outline specifications (detention hardware, equipment, and furnishings); floor plans (to scale with dimensions, room designations, references, wall types, and ratings); building sections (heights and dimensions); interior elevations; and preliminary structural, mechanical, and electrical drawings.
“Detention alternatives” means programming efforts designed to reduce juvenile facility crowding as well as recidivism among local offenders.
“EIR” means environmental impact report; a report as defined in the California Environmental Quality Act (CEQA) as implemented in Title 14, CCR, Public Resources Code, Sections 21000-21177.
“Evaluation and rating process” means the method by which each county's proposal will be evaluated using the criteria stipulated in Sections 1812, 1814, 1830, 1831, and 1840 of these regulations resulting in a rank ordered list for financing consideration.
“Facility administrator” means the chief probation officer or other official charged by law with the administration of a county juvenile facility or local youthful offender rehabilitative facility.
“Facility lease” means a lease-revenue bond financing document in which the Board leases the site and the Board-financed county juvenile facility or local youthful offender rehabilitative facility to CDCR for the term of the bonds and, subject to availability for use and occupancy, the CDCR agrees to pay rent and other related obligations.
“Facility sublease” means a sublease of the Board-financed county juvenile facility or local youthful offender rehabilitative facility from CDCR, with the consent of the Board, to a participating county, for its use, operation and maintenance, as described in Section 1854.
“Ground lease” means a lease between a participating county and CDCR, with the consent of the Board, to place possession and control of the real property upon which the county juvenile facility or local youthful offender rehabilitative facility will be constructed (the “site”) with CDCR as described in Section 1852.
“Hard match” and “cash match” are used interchangeably and mean cash dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.
“In-kind match” and “soft match” are used interchangeably and mean the cost of county-paid personnel, land, or services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.
“Large county” means a county with a general county population from 700,001 and above as provisionally estimated by the State Department of Finance for July 1, 2007.
“Lease-revenue bonds” and “state bond funds” are interchangeable and mean lease-revenue bonds issued by the State Public Works Board for local juvenile facilities as authorized in Chapter 1.5, Article 3, of the Welfare and Institutions Code, as may be amended from time to time.
“Match” means local funds in the form of cash, property value, or management/administrative services contributed by a county on a state bond funded project in the ratio described in Section 1814.
“Medium county” means a county with a general county population from 200,001 to 700,000 as provisionally estimated by the State Department of Finance for July 1, 2007.
“Needs assessment study” means a compilation of data that substantiates and justifies the scope of the new county juvenile facility or local youthful offender rehabilitative facility or the project that expands the rated capacity of a current facility proposed to be funded through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Net gain in beds” means the number of beds (rated capacity and special use beds) to be added (if any), minus the number of existing beds (rated capacity and special use beds) to be eliminated in the county (if any) as a result of the project constructed through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Operational program statement” means a description of the intended operation of a county juvenile facility or local youthful offender rehabilitative facility proposed to be funded through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Participating county,” as defined in Welfare and Institutions Code Section 1970, means any county or regional consortium of counties within the state that has been certified to the Board by the CDCR as having satisfied all of the requirements set forth in Welfare and Institutions Code Sections 1970 and 1975 respectively, for financing the construction or renovation of a county juvenile facility or local youthful offender rehabilitative facility pursuant to those chapters.
“Project” means the construction, expansion or renovation of a county juvenile facility or local youthful offender rehabilitative facility proposed to be funded by the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Project delivery and construction agreement” means the written agreement and any amendments thereto between the Board, the CDCR, the Authority, and the participating county supplying the terms, provisions, and conditions governing the delivery of the project, as well as other supplemental terms and conditions that are deemed necessary to the project by the Board.
“Proposal” means the document prepared by a county, or two or more counties if a common application, by which a request is made to participate in the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Proposal evaluation criteria” means criterion by which proposals will be rated for financing through the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program.
“Rated capacity” means the number of detainee occupants, as determined by the Authority, for which a facility's single and double occupancy rooms or dormitories (excluding those areas dedicated for medical or mental health care or disciplinary isolation housing), were planned and designed in conformity with the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230.
“Regional consortium of counties” means two or more counties bound together by a memorandum of understanding or a joint powers agreement identifying the terms, conditions, rights, responsibilities, and financial obligations of all parties.
“Renovation” means major upgrading, enhancing, remodeling or reassigning of space with the primary objective to improve safety, security and functional use (including rehabilitative program use) and extend the useful life of the facility.
“Schematic design” means architectural plans and specifications that are thirty percent (30%) complete and generally include: a site plan; floor plan; exterior elevations and cross sections; type of construction; and actual gross floor area.
“Scope of work and project impact” means a description of the project and the impact the project will have on the county's juvenile detention system.
“Site” means the property on which the county juvenile facility or local youthful offender rehabilitative facility is located, including a buffer zone. Roadways or areas serving functions other than the juvenile facility shall not be considered part of the site.
“Small county” means a county with a general county population of 200,000 or fewer as provisionally estimated by the State Department of Finance for July 1, 2007.
“Soft match” and “in-kind match” are used interchangeably and mean the cost of county-paid personnel, land, or services dedicated to the project by the applicant for eligible expenditures as defined in Section 1814.
“Special use beds” means beds for the purpose of appropriately housing detainees in medical, mental health or disciplinary rooms or units that are planned and designed in conformity to the standards and requirements contained in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230.
“Staffing plan” means an assessment and identification of staffing levels needed to operate the proposed project.
“State bond funds” and “lease-revenue bonds” are used interchangeably and mean lease-revenue bonds issued by the State Public Works Board for county juvenile facilities or local youthful offender rehabilitative facilities as authorized in Chapter 1.5, Article 3 of the Welfare and Institutions Code, as may be amended from time to time.
“Youthful offender rehabilitative facilities” mean county-owned structures including non-secure bed/program space meeting applicable Title 15 and Title 24 regulations in which county-operated programs take place for the purpose of the rehabilitation of youthful offenders.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1970, 1971, 1972, 1973, 1974, 1975 and 1976, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Article 2. Eligibility Requirements
§1812. Eligibility Requirements.
Note • History
(a) To be eligible for participation in the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program, a county shall:
(1) Submit the required proposal described in Section 1830 of these regulations;
(2) If building a new county juvenile facility or local youthful offender rehabilitative facility or expanding the rated capacity of a current county juvenile facility, complete or update a needs assessment study as prescribed in Section 1831 of these regulations;
(3) Provide match as specified in Section 1814 of these regulations; and
(4) Provide a copy of a signed Board of Supervisors' resolution as specified in Section 1830 of these regulations.
(b) If the conditions in subsection (a) of this regulation are met counties may apply for financing for the following:
(1) Costs of construction of the Authority-approved county juvenile facility or local youthful offender rehabilitative facility project including site preparation, fixed equipment and fixed furnishings, and installation of fixed equipment and fixed furnishings necessary for the operation of the facility, not to exceed seventy five percent (75%) of the total project costs. Costs in excess of these levels, including higher than expected construction bids, unanticipated costs, cost overruns, and costs of moveable equipment and moveable furnishings, shall be funded by the county.
(c) Projects or items not eligible for state bond financing under these regulations shall include, but not be limited to, the following:
(1) Temporary holding or court holding facilities.
(2) Local juvenile facilities or portions thereof operated by jurisdictions other than counties. City, state and federal facilities are not eligible for financing.
(3) Purchase, lease, or rent of land; personnel or operational costs; construction management; architectural programming and design; environmental reports; soil and/or water contamination assessment/mitigation; excavation of burial sites; moveable equipment and moveable furnishings; public art; off-site costs including access roads, power generation and utilities development; costs attributable to county building permit fees and/or building code inspection fees; supplies; bonus payments; and debt service or interest payments on indebtedness required to finance the county's share of project costs.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971, 1975 and 1976, Welfare and Institutions Code.
HISTORY
1. New article 2 (sections 1812-1814) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1814. Matching Fund Requirements.
Note • History
(a) Participating county matching funds for projects proposed to be funded under these regulations shall be a minimum of twenty-five percent (25%) of the total project costs pursuant to Welfare and Institutions Code Section 1976.
(b) The Authority may reduce matching fund requirements for participating counties with a general population below 200,000 upon petition by a participating county to the Authority requesting a lower level of matching funds pursuant to Welfare and Institutions Code Section 1976.
(c) Cash match must be at least 10 percent (10%) of total eligible project costs for large counties and at least 5 percent (5%) of total eligible project costs for medium and small counties.
(d) Expenditures eligible as cash match shall include those for:
(1) Costs of construction of the Authority, CDCR and Board-approved county juvenile facility or local youthful offender rehabilitative facility project;
(2) Architectural programming and design by consultants or contractors;
(3) Preparation of full or focused environmental reports by consultants or contractors; and,
(4) Construction management by consultants or contractors.
(e) In-kind match cannot exceed 15 percent (15%) of total eligible project costs for large counties and cannot exceed 20 percent (20%) of total eligible project costs for medium and small counties.
(f) Expenditures eligible as in-kind match shall include those defined above as eligible cash match expenditures, plus the following:
(1) Costs to audit the state bond financed project including staff salary/benefits of independent county auditor or services of a contracted auditor;
(2) A needs assessment study (or studies where applicable);
(3) Site acquisition cost or current fair market value supported by an independent appraisal of on-site land cost/value of new facility construction, or on-site land cost/value of a closed facility that will be renovated and reopened, and/or on-site land used for expansion of an existing facility. Costs cannot be claimed for land that is under an existing operational county juvenile facility;
(4) County administration where the staff salary/benefits are directly related to the construction project; and,
(5) Transition planning, including staff salary/benefits and consultant activities directly related to the construction project.
(g) To qualify as match, local expenditures must be for the project funded by the Authority.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1975 and 1976, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Article 3. Application to Participate in 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program
Note • History
(a) The proposal will be submitted on the 2007 Local Youthful Offender Rehabilitative Facility Construction Financing Program Proposal Form, dated July 15, 2008, attached to the Request for Proposals Construction, Expansion or Renovation of County Juvenile Halls and Camps and incorporated into these regulations by reference herein. This is an interactive form to be completed by counties electronically, printed and submitted as the project proposal along with other required documents as attachments. The form can be accessed through the Authority's website at http://www.cdcr.ca.gov/Divisions_Boards/CSA/. It is also available to the public upon request directly from the Authority's business office in Sacramento, CA.
(b) Proposals shall consist of, but not be limited to, the following:
(1) A signed Board of Supervisors' resolution authorizing submission of the proposal for financing with designated state bond financing;
(2) A description of the project need;
(3) An estimated budget for the project, which must include identifying the amount of state bond funds requested and the local match to be provided; and,
(4) A description of the proposed scope of work for the project including project impact, (i.e., number of beds to be added if any; and how renovation will improve the facility,) a construction and administrative work plan, and an estimated timetable for completion of major phases of the project.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New article 3 (sections 1830-1854) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1831. Needs Assessment Study.
Note • History
Any county or regional consortium of counties intending to construct a county juvenile facility (as defined in Title 15, CCR, Division 1, Chapter 1, Subchapter 5, Section 1302 and Title 24, CCR, Section 13-201) or a local youthful offender rehabilitative facility or expand the rated capacity of a current county juvenile facility shall complete a needs assessment study pursuant to Title 24, CCR, Part 1, Section 13-201(c)2. The needs assessment study shall be submitted with the proposal.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1840. Proposal Evaluation Criteria.
Note • History
Pursuant to Welfare and Institutions Code Section 1975, the criteria by which the proposals shall be rated shall include the following:
(a) Approach to the rehabilitation of juvenile offenders;
(b) Documentation of need for the project;
(c) Relationship between construction plan and rehabilitation of juvenile offenders;
(d) Detention alternatives;
(e) Scope of work and project impact;
(f) Administrative work plan;
(g) Cost effectiveness/budget review;
(h) Overall quality of written proposal;
(i) Cash match; and,
(j) Proposed regional facilities.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1847. Pre-Financing Requirements.
Note • History
(a) Prior to a participating county receiving state bond funds, the Authority shall ensure that the county is ready to proceed with construction. A participating county shall be deemed ready to proceed with construction when it has done all of the following:
(1) Met all the requirements in the proposal pursuant to Section 1830 of these regulations;
(2) As required in Section 1849, obtained compliance with the operational and physical plant requirements in the Minimum Standards for Local Juvenile Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230 and the fire and life safety requirements in Title 24, CCR, Part 2, Volume 1, Chapter 4, Section 408;
(3) Filed with the Authority a summary of construction bids received, including a statement explaining to which contractor the bid was awarded and why, and a copy of the notice to proceed issued to its contractor;
(4) Filed with the Authority a schedule of values of expected financing from state bond funds, cash match, and in-kind match and other budget items, along with a construction schedule, project management plan, and names, roles and contact information of key county personnel;
(5) Filed with the Authority a financial plan detailing arrangements to provide its portion of project costs, including reserves for cash flow, source of matching funds, and a schedule of anticipated match expenditure that is at least proportional to the expenditure of costs that are proposed to be reimbursed by the financing of state bond funds;
(6) Filed with the Authority a statement citing any exemptions from federal laws, state or local laws, regulations, ordinances, standards, or requirements;
(7) Filed with the Authority a final notice of determination on its environmental impact report;
(8) Filed with the Authority a written certification, that the county has control of the site, either through fee-simple ownership or comparable long-term possession (minimum of a 40 plus year site lease or use permit), and right of access to the facility sufficient to assure undisturbed use and possession; and,
(9) Certified to the CDCR and the Authority that the Board has determined that the ownership interest of the participating county of the site or sites for the project is adequate for the purposes of its financing of the project pursuant to Welfare and Institutions Code Section 1971.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971 and 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1848. Requirements for the Project Delivery and Construction Agreement.
Note • History
(a) The project delivery and construction agreement between the Board, CDCR, the Authority, and a participating county shall be executed soon after the county is selected to participate and the county has received approval from the Board regarding the scope and cost of the project. The project delivery and construction agreement shall consist of standard contracting requirements used by the State of California as well as the roles, responsibilities and performance expectations of the parties for participation in and financing through the State's lease-revenue bond program for financing local juvenile facilities.
(b) The project delivery and construction agreement shall include, but not be limited to, the following:
(1) A narrative description of the project the participating county intends to construct, which shall include the design and construction, expansion or renovation of the county juvenile facility or local youthful offender rehabilitative facility, pursuant to Welfare and Institutions Code Section 1971, costs for design and construction, expansion or renovation of the county juvenile facility or local youthful offender rehabilitative facility, and a schedule for completion of design and construction, expansion or renovation;
(2) The performance expectations of the parties related to the acquisition, pursuant to Welfare and Institutions Code Section 1971;
(3) Guidelines and criteria for the use and application of the proceeds of lease-revenue bonds, notes, or bond anticipation notes that are issued by the Board to fund the approved county juvenile facility or local youthful offender rehabilitative facility project, pursuant to Welfare and Institutions Code Section 1971;
(4) Responsibilities for the ongoing maintenance and staffing during the financing, pursuant to Welfare and Institutions Code Section 1971;
(5) A brief statement as to who will be responsible for the legal, financial, institutional, and managerial resources available to ensure the completed construction of the county juvenile facility or local youthful offender rehabilitative facility;
(6) Information contained in the formal project proposal;
(7) Language that states that the participating county shall agree to indemnify, defend, and save and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county's acquisition, design and construction of the county juvenile facility or local youthful offender rehabilitative facility; and,
(8) Language that states that the county agrees to maintain the tax-exempt status of the bonds, notes, or bond anticipation notes issued by the Board.
(c) Counties shall require their construction contractors to post payment and performance bonds, each of which shall be in an amount not less than one hundred percent (100%) of the construction contract price.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971 and 1974, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1849. Submittal of Architectural Drawings and Specifications.
Note • History
(a) Architectural drawings and specifications shall be submitted to the Authority at the schematic design phase, the design development phase, and the construction document phase, pursuant to Title 24, CCR, Part 1, Section 13-201(c)5.
(1) Pursuant to Title 24, CCR, Part 1, Section 13-201(c)3, an operational program statement shall be submitted with the schematic design drawings and specifications.
(b) The Authority will review the drawings and specifications as soon as practicable, but no later than thirty (30) calendar days, and in the event of any major deficiencies, the Authority will notify the county in writing. Deficiencies may be identified as either failures to comply with the Minimum Standards for Local Juvenile Facilities or as design features that may pose serious safety, security, operational, or management problems if left uncorrected, even where the Minimum Standards for Local Juvenile Facilities are not violated.
(c) Pursuant to Welfare and Institutions Code Section 1975, to enhance safety and security, the Authority may require changes in construction materials if the materials proposed with the final plans and specifications are not essential or customary, as used statewide for same security level facilities.
(d) Deficiencies in compliance with the operational and physical plant requirements in the Minimum Standards for Local Juvenile Facilities in Title 15, CCR, Division 1, Chapter 1, Subchapter 5 and Title 24, CCR, Part 1, Section 13-201 and Chapter 12, Section 1230 and construction materials shall be corrected by the county prior to advertising for bids.
(e) Architectural drawings and specifications shall be submitted to the State Fire Marshal for review and approval.
(f) The Board will have final approval of all projects and Board approval or disapproval of any project is not subject to the appeal process as described in Article 5.
(g) No state moneys shall be encumbered in contracts let by a participating county until construction document plans and specifications have been approved by the Authority and subsequent construction bids have been received.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 6029, Penal Code; and Sections 1971 and 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1850. Staffing Plan/Operating Cost Analysis.
Note • History
(a) At the time the county submits the design development plans and specifications for review and approval, it shall also submit a preliminary staffing plan, along with an analysis of other anticipated operating costs, for the facility. At a minimum, this plan shall include the following:
(1) Staffing requirements under the proposed design capacity;
(2) Shift and post identification of staff for the proposed facility, delineated by custody and support staff;
(3) Transition team program statement and costs;
(4) Analysis of a thirty (30) year lifecycle operating costs and maintenance and energy costs for the proposed facility; and,
(5) Identification of, and revenue sources for, sufficient county funds needed to support the staffing levels and operating costs for the proposed facility.
(b) Following Authority determination that the preliminary staffing plan complies with regulations, the facility administrator or designee shall submit the preliminary staffing plan and operating cost analysis to the Board of Supervisors for review and approval.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1851. General County Requirements.
Note • History
(a) Pursuant to Welfare and Institutions Code Section 1971, a participating county may acquire, design, and construct the county juvenile facility or local youthful offender rehabilitative facility in accordance with its local contracting authority.
(b) Pursuant to Welfare and Institutions Code Section 1971, a participating county may assign an inspector during the construction of the project, notwithstanding California Government Code Section 14951.
(c) Pursuant to Welfare and Institutions Code Section 1971, the participating county is the lead agency responsible for compliance with the California Environmental Quality Act.
(d) With the consent of the Board, the CDCR and a participating county are authorized to enter into leases, subleases, contracts, or other agreements pursuant to Welfare and Institutions Code Section 1974.
(e) The participating county shall agree to indemnify, defend, and hold harmless the State of California for any and all claims and losses accruing and resulting from or arising out of the participating county's use and occupancy of the county juvenile facility or local youthful offender rehabilitative facility.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971 and 1974, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) In the situation involving a ground lease, a ground lease between the participating county and CDCR will be entered into after the county has entered into the project delivery and construction agreement and only after the county has certified the site pursuant to Welfare and Institutions Code Section 1975(b)(1) and the Board has determined the site is adequate for purposes of financing in accordance with Welfare and Institutions Code Section 1971(a). These certifications will be based upon thorough research of both recorded and unrecorded interests in the property, and may include, as appropriate, certification regarding any use, generation, storage, release, discharge, or disposal of hazardous or toxic materials on, under, in or about the site.
(b) The ground lease must be adequate to support lease-revenue financing and be in a form agreed to by the Office of the Attorney General, the Board and Authority.
(c) Attached to the ground lease will be a metes and bounds legal description of the site and a simple diagram of the site, both with surveyor stamps or equivalent.
(d) The ground lease will be recorded.
(e) The site should not be encumbered by any liens or debt.
(f) The recommended term is for 50 years, in no event less than 35 years after construction completion.
(g) The lease term must be extended beyond the term to cover abatement periods due to abatement events.
(h) The ground lease shall not be terminated as long as the lease-revenue bonds are outstanding, even in the event of default.
(i) Damages for default shall be limited to specific performance or money damages.
(j) After all lease-revenue bonds are paid off, the ground lease will terminate and title to the county juvenile facility or local youthful offender rehabilitative facility will vest in county.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971, 1974 and 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1853. Right of Entry for Construction.
Note • History
(a) A right of entry for construction between CDCR and the participating county will be entered into concurrently with the ground lease. It will terminate when the construction is complete or until the facility sublease is entered into, whichever is earlier.
(b) The right of entry for construction authorizes the participating county and their contractors to use the site that has been leased to CDCR via the ground lease for construction related activities.
(c) The county shall agree to indemnify and hold harmless the State of California, CDCR and the Board for any and all claims and losses arising out of the construction of the county juvenile facility or local youthful offender rehabilitative facility as part of the right of entry for construction.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1974, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) Immediately after the facility lease between the Board and CDCR is executed, CDCR and the participating county shall enter into a facility sublease of the facility lease. Subject to the terms of the facility sublease, the county may use and occupy the county juvenile facility or local youthful offender rehabilitative facility.
(b) The facility sublease is subject to and subordinate to the facility lease.
(c) The facility sublease shall include, but not be limited to, the following requirements:
(1) The county shall not abandon the county juvenile facility or local youthful offender rehabilitative facility.
(2) The county is obligated to maintain (both ordinary and extraordinary) the county juvenile facility or local youthful offender rehabilitative facility during the term of the facility sublease (including the costs of ordinary wear and tear) and arrange for the payment of all utilities and applicable taxes or assessments. The county must annually submit to Board and CDCR proof of its approved budget detailing the allocation of funds to maintain and operate the county juvenile facility or local youthful offender rehabilitative facility.
(3) Subject to the availability of the county juvenile facility or local youthful offender rehabilitative facility for occupancy, CDCR will continue to pay rent under the facility lease.
(4) The county may make additions, betterments or improvements to the county juvenile facility or local youthful offender rehabilitative facility in a manner that will not result in abatement of rental.
(5) CDCR will maintain the insurance policies required under the facility lease. The county will maintain commercial general liability insurance and other insurance required by the Board or maintain an acceptable self-insurance program and provide proof of insurance to the Board and CDCR annually.
(6) The county agrees to indemnify and hold the State of California, CDCR and the Board harmless for any and all claims and losses accruing, resulting from or arising out of the county's use and occupancy of the county juvenile facility or local youthful rehabilitative facility.
(7) The county agrees not to encumber the county juvenile facility or local youthful offender rehabilitative facility or otherwise subordinate its interest in the county juvenile facility or local youthful offender rehabilitative facility under the facility sublease.
(8) The county agrees to annually provide the CDCR, Board and the State Treasurer information about private activity use within the county juvenile facility or local youthful offender rehabilitative facility and agrees to cooperate and provide continuing disclosure information per the Continuing Disclosure Agreement.
(9) The county promises not use or permit the use of the county juvenile facility or local youthful offender rehabilitative facility in any manner which would cause the Board bonds to be “private activity bonds” within the meaning of Section 141 of the Internal Revenue Code of 1986.
(10) The county promises to obtain the consent of the Board and CDCR to any assignment, subletting or transfer of its interest in the facility sublease or any part thereof.
(11) In the event of breach by the county that goes uncured, CDCR may evict the participating county and together with the Board may relet the county juvenile facility or local youthful offender rehabilitative facility.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1974, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Article 4. Administration of the Proceeds of the State Bond Funds and Project Monitoring
§1856. Disbursement of the Proceeds from the Lease-Revenue Bond Funds.
Note • History
(a) No state moneys shall be encumbered in contracts let by a participating county until construction document plans and specifications have been approved by the Authority pursuant to Section 1849 and subsequent construction bids have been received.
(b) Upon approval of the participating county's proposal by the Authority and execution of the project delivery and construction agreement, a payment schedule will be established by the Authority.
(c) Proceeds of lease-revenue bonds can only be used for activities that occur after the date of the conditional award for state bond funds.
(d) Requests for payments from the proceeds of lease-revenue bonds shall include such supporting documentation as may be required by the Board and/or the Authority and, in the event of deficiencies in the request, the participating county shall be notified by the Authority of the deficiencies as soon as practicable.
(e) Payments from the proceeds of lease-revenue bonds shall be processed by the Authority subject to the following conditions:
(1) Payment shall be made in arrears (reimbursement) on a quarterly basis through invoicing;
(2) No payments will be made until the participating county has complied with all applicable state requirements; and,
(3) At such time as the balance from the proceeds of lease-revenue bonds to the participating county reaches twenty percent (20%), the Authority shall withhold that amount as security, to be released to the participating county upon compliance with all of the terms in the project delivery and construction agreement and conditions and requirements of law and regulation, including staffing and operating the facility within ninety (90) days of construction completion, receipt and approval of the final project audit report, and final construction inspection and approval by appropriate officials.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1973 and 1975, Welfare and Institutions Code.
HISTORY
1. New article 4 (sections 1856-1872) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1857. Pooled Money Investment Board.
Note • History
(a) Pursuant to California Government Code Sections 16312 and 16313, the Pooled Money Investment Board may make loans from the Pooled Money Investment Account to the CDCR for the purpose of carrying out projects authorized to be financed by lease-revenue bonds, notes, or other indebtedness.
(b) Pursuant to Welfare and Institutions Code Section 1972, upon project approval by the Board, CDCR and the Authority, and upon a participating county's receipt of responsive construction bids, the Board and the CDCR may borrow funds from the Pooled Money Investment Account, pursuant to California Government Code Sections 61312 and 61313, or from any other appropriate source.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 16312 and 16313 Government Code; and Section 1972, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) All proceeds of lease-revenue bonds received by the participating county shall be deposited into separate fund accounts, which identify the funds and clearly show the manner of their disposition.
(b) Accounting for proceeds of lease-revenue bonds shall be in accordance with generally accepted accounting principles and practices. Supporting records must be maintained by the participating county in sufficient detail to demonstrate that the state bond funds were used for the purpose for which the award was made and in accordance with the provisions of state contracting, and shall be subject to Board and Authority audit as described in Section 1870.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) The Authority shall regularly monitor the administration of the project and the distribution of the proceeds of lease-revenue bonds to a participating county, in order to assess compliance and determine that the project is operating in accordance with the approved proposal, these regulations and the law.
(b) The Board shall have administrative oversight of the project.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971 and 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
The participating county shall agree to proceed with the agreed upon construction schedule and complete the project in accordance with the project delivery and construction agreement and the plans and specifications approved by the Board and the Authority. If a participating county is not proceeding with the construction schedule as agreed to in the project delivery and construction agreement, the Authority has the discretion to give written notice of failure to comply with terms of the agreement and may terminate that project delivery and construction agreement.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Sections 1971, 1974 and 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) Project modifications proposed after the project delivery and construction agreement is signed require a written amendment and approval of the Board and the Authority if the modifications:
(1) Substantially alter the design or scope of the project;
(2) Substantially alter the design, location, size, capacity, or quality of major items of equipment; or,
(3) Change the number of beds or otherwise impact Authority construction or operational regulations.
(b) Summaries of all change orders shall be submitted to the Authority quarterly.
(c) Neither the approval of the project delivery and construction agreement or any action of staff with respect to project changes, including approval or disapproval thereof, shall commit or obligate the Authority to any increase in the amount of the funds conditionally awarded, except as expressly provided in writing by the Authority.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
(a) A participating county shall perform a financial audit of its project within ninety (90) days following construction completion. The audit shall be performed under the direction of a Certified Public Accountant or a county auditor that is organizationally independent from the county's project financial management functions. In addition, the Board and Authority reserve the right to audit the accounting records of the project at any time. The Board and Authority may disallow claims for the proceeds of lease-revenue bonds and/or applicable matching credit for all or part of the cost of an item determined to be ineligible and/or not in compliance with the terms and conditions of the bond agreement.
(b) Any improper expenditure of the proceeds of lease-revenue bonds disclosed in such audits will be recovered by the state through withholding future payments and/or repayment by the participating county, at the discretion of the Authority.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institution s Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1872. Unused Proceeds of Lease-Revenue Bonds.
Note • History
(a) In no case shall a county receive the proceeds of lease-revenue bonds in excess of the amount of the conditional award provided by the Authority.
(b) Any proceeds of lease-revenue bonds determined to have been inappropriately or erroneously spent, including those resulting from noncompliance as well as overpayments resulting from county plan modifications or other causes, shall, upon written notification, be repaid to the state. Such repayment may be by county warrant and/or may be withheld from subsequent payments at the discretion of the Authority.
(c) Any proceeds of lease-revenue bonds not expended by a participating county pursuant to the approved proposal, project delivery and construction agreement or approved construction plan shall be redistributed to other counties and used for other eligible projects. This repayment may be made by:
(1) County warrant payable to the state within thirty (30) calendar days of the date of notification; or through a negotiated repayment and interest schedule; or a combination of (c) (1), (c) (2) and (c) (3);
(2) Deduction by the Authority of the amount to be repaid by the county from the next progress payment(s) by the state; or,
(3) Deduction by the Authority of the amount to be repaid by the county from the retention amount withheld.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Article 5. Appeal Procedures
Note • History
The appeal hearing procedures are intended to provide a review concerning the Authority's proposal evaluation and rating process. A county may appeal on the basis of the Authority's alleged financing criteria misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures regarding the proposal evaluation and rating process.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New article 5 (sections 1876-1892) and section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Note • History
For the purposes of this article, the following definitions shall apply:
“Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for a formal decision concerning matters raised pursuant to the purposes set forth in Section 1876 of these regulations.
“Appellant” means a participating county that files a request for an appeal hearing.
“Authority” means Corrections Standards Authority, which acts by and through its Executive Director and representatives.
“Authorized representative” means an individual authorized by the appellant to act as his/her representative in any or all aspects of the hearing.
“Executive Director” means the Executive Director of the Authority.
“Filing date” means the date a request for an appeal hearing is received by the Executive Director's office at the Corrections Standards Authority.
“Hearing panel” means a panel comprised of three members of the Authority, who shall be selected by the chairperson of the Authority at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not:
(i) Be employed by, or be residents of, the county submitting the appeal or,
(ii) Be employed by any other county that has a funded project or is seeking qualification for disbursement of the proceeds of lease-revenue bonds.
“Notice of decision” means a written statement by the Executive Director of the Authority, which contains the formal decision of the Authority and the reason for that decision.
“Proposed decision” means a written recommendation from the hearing panel to the Authority, containing a summary of facts and a recommended decision on the appeal.
“Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken and a request for a hearing on the matter, and filed with the Executive Director of the Authority.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order, including amendment of definitions of “Hearing panel” and “Proposed decision,” transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1888. Request for Corrections Standards Authority Appeal Hearing.
Note • History
(a) If a participating county is dissatisfied with an action of the Authority's evaluation and rating process, it may file a request for an appeal hearing with the Authority. Such appeal shall be filed within thirty (30) calendar days of the notification of the action with which the county is dissatisfied.
(b) The request shall be in writing and:
(1) Shall state the basis for the dissatisfaction;
(2) Shall state the action being requested of the Authority;
(3) Shall state the desired remedy; and,
(4) Shall include as attachments any correspondence related to the appeal to and from the Executive Director.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1890. Corrections Standards Authority's Hearing Procedures.
Note • History
(a) The hearing shall be conducted by a hearing panel, designated by the Chairperson of the Authority, at a reasonable time, date, and place, but not later than twenty-one (21) days after the filing of the request for hearing with the Authority, unless delayed upon mutual agreement by the Authority and the participating county. The Authority shall mail or deliver to the appellant or authorized representative a written notice of the time, date, and place of hearing not less than seven days prior to the hearing.
(b) The procedural time requirements may be waived with mutual written consent of the parties involved.
(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within sixty (60) days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued upon mutual agreement between the hearing panel and the participating county.
(d) An appellant may waive a personal hearing before the hearing panel and, under such circumstances, the hearing panel shall consider the written information submitted by the appellant and other relevant information as may be deemed appropriate.
(e) The hearing is not formal in nature. Pertinent and relevant information, whether written or oral, will be accepted. Hearings will be tape recorded.
(f) Neither the Federal Rules of Evidence nor the California Rules of Evidence apply in these administrative hearings.
(g) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Authority at its next regular public meeting.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order, including amendment of subsections (a) and (c), transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
§1892. Corrections Standards Authority's Decision.
Note • History
(a) The Authority, after receiving the proposed decision, may:
(1) Adopt the proposed decision;
(2) Amend the decision with or without taking additional evidence into consideration; or,
(3) Order a further hearing to be conducted, if additional information is needed to decide the issue.
(b) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the Authority or notice of new hearing ordered, the notice decision or other such actions shall be sent via certified mailed by the Authority to the appellant.
(c) The record of the testimony, exhibits, all papers and requests filed in the proceedings, and the hearing panel's proposed decision shall constitute the exclusive record for decision and shall be available to the appellant for one year after the date of the Authority's notice of decision in the case.
(d) The decision of the Authority shall be final.
NOTE
Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
HISTORY
1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-2-2009 order transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
Division 2. Board of Prison Terms
Chapter 1. General
Article 1. Rules of Construction and Definitions
§2000. Rules of Construction and Definitions.
Note • History
(a) Rules of Construction. The following rules of construction apply to the regulations contained in this division, except as otherwise noted:
(1) The enumeration of some criteria for the making of discretionary decisions does not prohibit the application of other criteria reasonably related to the decision being made.
(2) The order in which criteria are listed does not indicate their relative weight or importance.
(3) “Inmate,” “prisoner,” or “parolee” applies to any person who is or has been committed to the custody of the Director of Corrections, including inmates, residents, parolees, and dischargees, regardless of that person's present status.
(4) “Regulation” means rule or regulation.
(5) “Shall” is mandatory, “should” is advisory, and “may” is permissive.
(6) The past, present, or future tense includes the others.
(7) The masculine gender includes the feminine gender; the singular includes the plural.
(8) The symbol § refers only to board rules contained in this division.
(9) The time limits specified in these rules do not create a right to have the specified action taken within the time limits. The time limits are directory, and the failure to meet them does not preclude taking the specified action beyond the time limits.
(b) Definitions. For the purpose of the regulations contained in this division the definitions below shall have the following meanings:
(1) ISL Prisoner. A person sentenced to prison for a crime committed on or before June 30, 1977, who would have been sentenced pursuant to Penal Code section 1170 if he had committed the crime on or after July 1, 1977.
(2) DSL Prisoner. A person sentenced to prison pursuant to Penal Code section 1170 for a crime committed on or after July 1, 1977. For the purpose of these rules, once an ISL prisoner has received a retroactively calculated DSL release date all rules applying to DSL prisoners apply to the ISL prisoner's DSL release date and parole.
(3) Life Prisoner. A prisoner serving a sentence of life with the possibility of parole. The parole date is determined by the board. Life sentences may be imposed for the following crimes or conspiracy to commit any of the following crimes:
(A) First degree murder (Penal Code section 187).
(B) Second degree murder (Penal Code section 187) committed on or after November 8, 1978.
(C) Kidnapping for extortion or ransom, with bodily harm to the victim (before September 22, 1951) and without bodily harm to the victim (since September 22, 1951); and kidnapping for robbery (Penal Code section 209).
(D) Train wrecking not resulting in death or bodily harm (Penal Code section 219).
(E) Sabotage resulting in death or great bodily harm (former Military and Veterans Code section 1672a).
(F) Certain forms of aggravated assault by a prisoner serving a sentence of life imprisonment (Penal Code section 4500).
(G) Exploding a destructive device causing mayhem or great bodily injury (Penal Code section 12310).
(H) Attempt to murder a government official in retaliation for or prevention of his performance of official duties. (Penal Code section 217.1).
(I) Habitual Sex Offender, Penal Code section 667.51(c): A party who has violated Penal Code section 288 (committing lewd or lascivious acts or crimes against children) and who has served two or more prison terms as defined in section 667.5 as punishment for violation of an offense listed in subdivision (b), including commission to the state hospital.
(J) Habitual Offender, Penal Code section 667.7: Any party convicted of a felony involving or likely to involve infliction of great bodily harm, and who has served two or more prior prison terms as per section 667.5 for crimes of murder, mayhem, rape, etc. or any felony punishable by death or life imprisonment, with or without possibility of parole.
(K) Attempted willful, deliberate, and premeditated murder as defined in Penal Code section 189 (Penal Code sections 187, 664).
(L) Aggravated mayhem (Penal Code section 205).
(M) A new conviction or violation of any of specified controlled substance provisions where the person has served two separate prior prison terms upon conviction of any of the specified provisions (Penal Code section 667.75).
(N) Attempted murder of a peace officer or firefighter committed on or after January 1, 1995 (Penal Code section 664).
(O) Attempted willful, deliberate, and premeditated murder of a peace officer or firefighter committed on or after January 1, 1998 (Penal Code section 664).
(4) Adjusted Maximum DSL Date. This date is computed by adding any at large time to the unadjusted maximum DSL date.
(5) Agent. See Parole Agent.
(6) Asylum State. The state other than California in which a parolee-at-large (PAL) is in custody.
(7) Battered Woman Syndrome. Evidence of the effects of physical, emotional, or mental abuse upon the beliefs, perceptions, or behavior of victims of domestic violence where it appears the criminal behavior was the result of that victimization.
(8) Board. See Board of Prison Terms.
(9) Board Action. An official decision of the board in an individual case.
(10) Board of Prison Terms (BPT). The administrative board responsible for setting parole dates, establishing parole length and conditions, discharging sentences for certain prisoners and parolees; granting, rescinding, suspending, postponing, or revoking paroles; conducting disparate sentence reviews; advising on clemency matters; and handling miscellaneous other statutory duties. Persons under the board's jurisdiction are all adult felons committed by superior courts to the Director of Corrections under Penal Code sections 1168 and 1170 and all adult felons sentenced under the Indeterminate Sentence Law.
(11) Briggs Initiative: Proposition 7, November 7, 1978 general election, specifying new minimum eligible parole release dates for first and second degree murders, effective November 8, 1978.
(12) C&PR. Classification and Parole Representative: the department employee at each prison who has been designated to be that prison's liaison with the board. Such designation shall be made by the Director of Corrections after consultation with the board.
(13) California Agency Parolee. A felon released from confinement in a California prison to supervision in a California community who subsequently is within the custody of any agency of the State of California or any subdivision thereof except the Department of Corrections.
(14) California Agency Prisoner. A prisoner who has been transferred from the custody of the Director of Corrections to the custody of any agency of the State of California or any subdivision thereof.
(15) California Concurrent Parolee. A prisoner on parole from a California sentence and a sentence of another jurisdiction who is being supervised in a California community pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
(16) Case Conference. A documented conference between a parole agent and his supervisor to discuss a parolee's behavior.
(17) Central File. A master file maintained by the department containing records regarding each person committed to its jurisdiction. This file is maintained by the institution or parole region to which the person is assigned. See department regulations for the specific contents of this file.
(18) Central Office. The board office in Sacramento.
(19) Central Office Calendar. The central office calendar is composed of commissioners or deputy commissioners as designated by the chairman. They are authorized to make decisions regarding matters reported to the board, including the decision to order a hearing scheduled.
(20) Central Office File. A folder maintained by the department's Chief Records Administrator in Sacramento regarding each felon. The file contains copies of some records and correspondence accumulated during commitment.
(21) Central Office Hearing Coordinator. The board employee at the central office who is responsible for schedules, attorney appointments, and other services related to hearings.
(22) Chairperson. The administrative head of the board who is designated by the Governor pursuant to Penal Code section 5075.
(23) Commissioner. An official of the board appointed by the Governor pursuant to Penal Code Section 5075.
(24) Community Release Board (CRB). The name of the Board of Prison Terms prior to the name change effective January 1, 1980. Any references to Community Release Board apply to the Board of Prison Terms.
(25) Concurrent Parolee. A prisoner on parole from a California sentence and a sentence of another jurisdiction who is being supervised in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
(26) Concurrent Prisoner. A California prisoner, also under sentence of another state, who is concurrently serving both sentences in a penal institution of the other state.
(27) Conditions of Parole. The specific conditions under which a prisoner is released to parole supervision.
(28) Consecutive Prisoner. A California prisoner, also under sentence of another state, who is confined in a penal institution of the other state and whose California term shall commence upon completion of the other state's sentence.
(29) Consecutive Term. Pursuant to amendments to Penal Code Section 669, effective January 1, 1979, a life term may be imposed consecutive to a determinate term.
(30) Cooperative Parolee. A felon released from confinement in a California prison to supervision in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
(31) Coordinator Staff. Department (institution and P&CSD) and board staff who coordinate parole postponement, rescission, and revocation hearings.
(32) CRC. California Rehabilitation Center: a control and treatment institution for civilly committed narcotic addicts.
(33) Criminal conduct. Conduct constituting a felony or misdemeanor under federal, state, or county law.
(34) Cum. Sum. Cumulative Case Summary: the permanent and cumulative summary of specific portions of the record maintained by the department regarding each prisoner from reception to discharge.
(35) Department. The Department of Corrections.
(36) Deputy Commissioner. An official of the board employed pursuant to Penal Code Section 5076.1.
(37) DSL. Uniform Determinate Sentencing Act of 1976. Stats. 1976, Chapter 1139 as amended by Stats. 1977, Chapter 165. This refers to sections of the Penal Code and other Codes as they became operative July 1, 1977.
(38) DOP. A difference of opinion regarding a prisoner's or parolee's case requiring resolution at higher level.
(39) Director of Corrections. The administrative head of the Department of Corrections appointed by the Governor. See Penal Code sections 5050 and 5051.
(40) Dispositional Witness. A dispositional witness is one whose expected testimony provides information regarding the overall adjustment of the prisoner or parolee or other factors to be considered when rendering a disposition in a proceeding.
(41) District Administrator. A parole administrator in the P&CSD with supervisory and managerial responsibilities.
(42) District Hearing Agent (DHA). The P&CSD staff person responsible for application of specific procedures pertaining to the parole revocation hearing process; the primary liaison between the P&CSD and the board in matters and procedures pertaining to the parole revocation hearing process.
(43) Effective Discharge Date. The effective discharge date is the latest date on which the jurisdiction of the board and the department over the individual expires.
(44) Evidentiary Witness. An evidentiary witness is a person who perceived, reported on, or investigated an event material to the proceeding. An event material to a proceeding is an act or omission allegedly committed by the prisoner or parolee which is a basis for the proceeding. An evidentiary witness is one whose expected testimony either supports or refutes an act or omission allegedly committed by the parolee or prisoner.
(45) Federal Concurrent Prisoner. A California prisoner, also under sentence of the United States, who is concurrently serving both sentences in a federal institution.
(46) Federal Consecutive Prisoner. A California prisoner, also under sentence of the United States, who is confined in a penal institution of the United States and whose California term shall commence upon completion of the United States' sentence.
(47) Federal Contract Prisoner. A California prisoner who is confined in a federal institution pursuant to Penal Code section 2911.
(48) Field File. A working file maintained by a parole unit office containing information about a parolee and his current parole.
(49) Full Board. The commissioners performing the function of meeting en banc in either public or executive session. At least five commissioners shall participate when performing this function and no action shall be valid unless it is concurred in by a majority vote of those present.
(50) Good Cause. A finding by the board based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.
(51) Good Time Credit. Credit for a DSL prisoner's good behavior and participation in prison program received pursuant to Penal Code section 2930, et seq. Good time credit advances the DSL release date.
(52) Hearing. A proceeding at which evidence is received for use in deciding factual and dispositional questions.
(53) Hearing Panel. One or more persons (commissioners, deputy commissioners or a combination thereof) assigned to consider a case or make a decision.
(54) Hold. A request by a department employee that a parolee be held in custody until further notice. A person under a parole hold is not eligible for bail.
(55) ICC Prisoner. A California prisoner who is confined in a penal institution of another state pursuant to the Interstate Corrections Compact (See Penal Code section 11189).
(56) Incarcerating Jurisdiction. The jurisdiction where a WICC, ICC, Federal contract, Federal concurrent or concurrent prisoner is incarcerated.
(57) Institution Hearing Coordinator. A department employee assigned to coordinate the rescission process within that institution.
(58) Interstate Unit. The section of the P & CSD which coordinates the supervision of California cooperative parolees and the return of parolees-at-large from asylum states. The Division of the Department of Corrections which has responsibility for federal contract, federal concurrent, WICC, ICC and consecutive prisoners and multijurisdiction parolees incarcerated in the prison of another jurisdiction.
(59) ISL. Indeterminate Sentence Law. This refers to sections of the Penal Code and other Codes as they were operative prior to July 1, 1977.
(60) ISL Release Date. The date on which an ISL prisoner may be released from confinement pursuant to the ISL. The release may be a release to parole or a release to discharge.
(61) Located in California. A multijurisdiction prisoner is located in California if he is a federal contract, federal consecutive or federal concurrent prisoner incarcerated in a federal correctional institution located in California; a California agency prisoner; or an out-to-court prisoner brought before a California court.
(62) Located Outside California. A multijurisdiction prisoner is located outside California if he is a federal compact, federal consecutive or federal concurrent prisoner incarcerated in a federal correctional institution located outside California; a concurrent prisoner; a consecutive prisoner; a WICC prisoner; an ICC prisoner or an out-to-court prisoner brought before a court outside California.
(63) Material Evidence. Evidence which has a substantial bearing on matters in dispute and legitimate and effective influence on the decision of a case.
(64) M.R.D.: Maximum Release Date: the latest date on which a DSL prisoner can be released from confinement. This date is computed by subtracting preprison credit from the period of confinement prescribed by the court and adding this period of time to the reception date. In computing the maximum release date, good time credit is not subtracted. This date shall be recomputed to reflect the addition of any time at large.
(65) Maximum Term. The longest statutory period of time an ISL nonlife 1168 or life prisoner may remain under the jurisdiction of the board.
(66) Minimum DSL Date. The earliest date on which a DSL prisoner may be released from prison. This date is computed by subtracting all preprison credit and all possible good time credit from and adding any at-large-time to the period of confinement under the DSL and adding this period of time to the reception date.
(67) Minimum Eligible Parole Date (MEPD). The earliest date on which an ISL or life prisoner may legally be released on parole. If a prisoner is serving both a life or ISL sentence and a determinate sentence and the determinate sentence release date is later than the statutory MEPD for the life or ISL sentence, the determinate sentence release date is the MEPD.
(68) Minimum Term. The shortest statutory period of time an ISL prisoner must remain under the jurisdiction of the board, including time in prison and on parole.
(69) Multijurisdiction Parolee. Any concurrent, California concurrent, California agency, or cooperative parolee.
(70) Multijurisdiction Prisoner. Any federal contract, federal concurrent, federal consecutive, concurrent, consecutive, California agency, WICC or ICC prisoner.
(71) NAEA. The Narcotic Addict Evaluation Authority: the releasing authority for persons civilly committed to the custody of the Director of the Department of Corrections for treatment of narcotics addiction. See Welfare and Institutions Code section 3150 et seq.
(72) Out-to-Court Prisoner. A California prisoner who is temporarily removed from a department institution to be brought before a court to be tried for an offense, to be examined by a grand jury or magistrate, or for any other proceedings.
(73) Outpatient Clinic. See POC.
(74) P&CSD. Parole and Community Services Division: department staff who supervise parolees and provide a variety of field services.
(75) PAL. Parolee at large: an absconder from parole supervision, who is officially declared a fugitive by board action suspending parole.
(76) Parole Agent. An employee or any of his supervisors in the Department of Corrections who is assigned to supervise adult felons and civilly committed addicts released to the supervision of the P&CSD.
(77) Parolee. A felon released from confinement in state prison to supervision in the community.
(78) Parole Consideration Hearing. Any hearing at which a prisoner's parole suitability is considered including an initial parole hearing, subsequent hearing, and rehearing.
(79) Parole Hold. See Hold.
(80) Parole Violation. Conduct by a parolee which violates the conditions of parole or otherwise provides good cause for the modification or revocation of parole.
(81) Parole Violation Extension. An extension of return to custody time for a parolee in revoked status.
(82) Parole Violator. A parolee who is found to have violated parole and who may be reconfined pursuant to Penal Code section 3057. A parolee returned to prison with a new court commitment is not a parole violator under these rules even if he has been found in violation of parole.
(83) POC. Parole Outpatient Clinic: a section of the P&CSD which provides psychiatric and psychological treatment and evaluation of parolees.
(84) Preprison Credit. Credit for time in custody as certified by the court and provided for in Penal Code section 2900.5.
(85) Probable Cause. A state of facts as would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the charges are true.
(86) Rap Sheet. The “State Summary Criminal History Information” containing the arrest and dispositional information defined in Penal Code section 11105.
(87) RC. Reception center: an institution designated by the director as a center for the reception of prisoners newly committed to the Department of Corrections.
(88) Receiving State. The state which supervises a cooperative parolee or a concurrent parolee.
(89) Regional Administrator. Administrator of a geographical region in the P&CSD.
(90) Regional Hearing Coordinator. The parole agent assigned to coordinate the revocation process within a P&CSD region.
(91) Relevant Evidence. Evidence which tends to prove or disprove an issue or fact in dispute.
(92) Revocation File. A file containing the documents pertinent to a particular revocation proceeding.
(93) Screening Offer. An offer of a disposition to a parolee when revocation or revocation extension charges are pending.
(94) Sending State. The state where a concurrent parolee was imprisoned.
(95) Slough File. A file supplemental to the central file containing bulky or seldom needed records.
(96) Staff Representative. A department employee who assists the board during a hearing.
(97) Subpoena. A means to secure the attendance of a witness at a parole revocation or rescission hearing. It is an order directed to a person requiring that person's attendance at a particular time and place to testify as a witness.
(98) Subpoena Duces Tecum. A means to secure the delivery of documentary evidence to parole revocation or rescission hearings, ordering that person to deliver documentary evidence at a particular time and place and testify about that evidence.
(99) Unadjusted Maximum DSL Date. This date is computed by subtracting preprison credit from the period of confinement under the DSL and adding this period of time to reception date. In computing the unadjusted maximum good time credit is not subtracted. This date does not reflect the addition of any time at large (see Adjusted Maximum DSL Date).
(100) Unit File. See field file.
(101) Unit Supervisor. A supervisor of case-carrying agents in the P&CSD.
(102) WICC Prisoner. A California prisoner who is confined in a penal institution of another state pursuant to the Western Interstate Corrections Compact. (See Penal Code Section 11190.)
(103) Work-Time-Credit: A reduction of the time served for performance in work, training or education programs.
NOTE
Authority cited: Sections 3041, 3052 and 5076.2, Penal Code. Reference: Sections 187, 189, 205, 209, 217.1, 219, 664, 667.51(c), 667.7, 667.75, 669, 2933, 3041, 3046, 3056, 3057, 3060, 4500, 4801, 5075, 5076.1 and 12310, Penal Code; Section 1672(a), Military and Veterans Code; and Initiative, Proposition 7, November 7, 1978, General Election.
HISTORY
1. Repealer of Division 2 (Sections 2000-2725) and new Division 2 (Sections 2000-2819) filed 7-5-77 as an emergency; effective upon filing (Register 77, No. 28). For history of former Division 2, see Register 76, No. 21.
2. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
3. Certificate of Compliance as to 7-5-77 filing filed 10-28-77 (Register 77, No. 44).
4. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
5. Amendment of subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
6. Editorial correction (Register 79, No. 38).
7. Amendment of subsection (b) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
8. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
9. New subsection (a)(9) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
10. Amendment of subsection (b) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
11. Amendment of subsection (b) filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
12. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
13. Amendment of subsection (b) filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
14. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
15. Amendment of subsection (b) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).
16. New subsection (b)(33) and subsection renumbering filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
17. New subsection (b)(8), subsection renumbering, and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
19. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
20. Amendment of subsection (b)(22), new subsection (b)(49) and amendment of Note filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
21. Amendment of subsections (b)(1)-(2) and new subsections (b)(3)(N)-(O) filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsections (b)(1)-(2) and new subsections (b)(3)(N)-(O) refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or emergency language will be repealed by operation of law on the following day.
23. Amendment of subsections (b)(1)-(2) and new subsections (b)(3)(N)-(O) refiled 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 1-6-2005 order transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
Article 2. Personnel
§2005. Conflict of Interest Code.
Note • History
NOTE
Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code; and Section 5075, Penal Code.
HISTORY
1. New article 2 (section 2005 and Appendix) filed 3-27-86; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 3-4-86 (Register 86, No. 13). For history of former article 2, Sections 2005-2009, see Register 82, No. 52.
2. Editorial correction of History Note 1 in addition to printing of Appendix which was filed on 3-27-86 but inadvertently omitted during the publication of Register 86, No. 13 (Register 88, No. 5).
3. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
4. Amendment of Appendix filed 1-19-90; operative 2-18-90 (Register 90, No. 5).
5. Designation and amendment of subsections (a) and (b), new subsections (c) and (d) and amendment of Appendix filed 1-12-93 (Register 93, No. 3). Submitted to OAL for printing purposes only pursuant to Government Code section 11343.8. Approved by Fair Political Practices Commission 11-9-92.
6. Editorial correction of subsections (c)-(d) (Register 95, No. 42).
7. Amendment of section and Appendix filed 2-28-2002; operative 3-30-2002. Approved by Fair Political Practices Commission 1-22-2002 (Register 2002, No. 9).
8. Amendment of Appendix filed 3-3-2004; operative 4-2-2004. Approved by Fair Political Practices Commission 12-18-2003 (Register 2004, No. 10).
9. Repealer of section and appendix filed 7-12-2006; operative 8-11-2006. Approved by Fair Political Practices Commission 5-24-2006 (Register 2006, No. 28).
Article 3. Policy Making Procedures
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.1, Penal Code.
HISTORY
1. Amendment of section title filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2016. Adoption of Policy and Procedures: The Board Rules.
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.2, Penal Code.
HISTORY
1. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2017. Administrative Directive.
History
(a) General. An Administrative Directive is a communication from the chairman concerning any information the chairman feels should be disseminated. An Administrative Directive may be signed by the chairman, vice-chairman or the executive officer.
(b) Internal Communications. The Administrative Directive may be used for the following internal communications:
(1) Information concerning personnel changes, court decisions and other information which does not change procedures.
(2) Changes in forms and instructions regarding the use and distribution of forms.
(c) Emergency Rules. The Administrative Directive may be used to implement emergency rules which are adopted under the emergency provisions of the Administrative Procedure Act.
HISTORY
1. Repealer of subsection (b)(3) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Article 4. Public Participation
Note • History
(a) All regulations adopted by the board shall be filed and made public and shall be in language easily understood by the general public. When promulgating regulations, the board shall comply with the Administrative Procedure Act and shall maintain and publish a compendium of regulations.
(b) Individual Cases. Public comment in individual cases shall be considered under the procedures established in this article.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.1, Penal Code.
HISTORY
1. Repealer of Article 4 (Sections 2025-2030) and new Article 4 (Sections 2025-2029) filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7). For prior history, see Register 77, No. 44.
2. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2026. Summary of the Administrative Procedure Act.
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.2, Penal Code and Sections 11420-11427, Government Code.
HISTORY
1. Amendment of subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2027. Public Participation in Rulemaking.
(a) Informal Petition. Any interested person may inquire or make suggestions concerning the regulations by writing to the executive officer of the board.
(b) Formal Petition. Any interested person may petition the board requesting the adoption, amendment, or repeal of a regulation. The petition shall state clearly and concisely the substance or nature of the regulation, amendment, or repeal requested, the reason for the request, and reference to the authority of the board to take the action requested. Upon receipt of a petition requesting the adoption, amendment, or repeal of a regulation, the board shall within 30 days deny the petition in writing, stating the reasons, or schedule the matter for public hearing.
(c) Court Review. Any interested person may bring an action for declaratory relief pursuant to the provisions of the Code of Civil Procedure.
§2028. Public Comment in Individual Cases.
Note • History
(a) General. Any person may submit information concerning any prisoner or parolee and the offenses. Written comments from the public shall be directed to the executive officer of the board who shall forward the comments to the prisoner's or parolee's central file for the consideration of future hearing panels. The board shall consider, in deciding whether to release a prisoner on parole, all information received from the public.
(b) Proposed Decisions. Any person may submit information which was not available to the hearing panel or comments on a proposed decision. Comments or new information shall be submitted to the executive officer who shall forward the information to the decision review unit and to the prisoner, parolee, district attorney and prisoner or parolee's attorney. The comments shall be incorporated into the hearing record and considered before the decision is effective. If information submitted may substantially affect the decision, it shall be submitted to the board review committee for disposition in accordance with section 2041.
NOTE
Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 3042 and 3043.5, Penal Code; In re Fain (1976) 65 Cal.App.3d 376.
HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment of subsection (a) filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
3. Amendment of subsection (b) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).
4. Editorial correction of printing error in subsection (b) (Register 91, No. 29).
§2029. Victims, Next of Kin, and Immediate Family Members at Hearings.
Note • History
(a) Notice to Board. Victims or, if the victim has died, the next of kin or immediate family members may, upon request to the Board of Prison Terms, receive notification of any parole consideration hearing, to review or consider the parole suitability or the setting of a parole date for any prisoner in a state prison, so that an opportunity to make a statement is afforded them. The Board shall notify each such person who has informed it of his or her address at least 30 days prior to the hearing date.
(b) Notification and Appearance, Next of Kin. The next of kin and immediate family members shall be entitled to notification and to appear under this section in the following order:
(1) spouse
(2) children
(3) parents
(4) siblings
(5) grandchildren
(6) grandparents
If one person qualifies as the next of kin, he or she shall be entitled to notice and appearance under this section.
(c) Notification and Appearance, Immediate Family Members. If there is no next of kin, immediate family members shall be entitled to notification and to appear under this section in the order specified in subsection (b).
Up to two persons of the categories in descending order are entitled to notice and to appear. More than two persons may appear with the prior approval of a panel member, the chairman, or the executive officer.
(d) Representation by Counsel. The victim, next of kin, or immediate family members may appear personally or be represented by counsel. If counsel and client both attend the hearing, only one may appear by making a statement or addressing the panel.
(e) Support Persons. Victims, next of kin, or immediate family members attending hearings may be accompanied by one support person of his or her own choosing who shall not participate in the hearing nor make comments while in attendance. In order for such person to be admitted to the hearing, the person requesting support shall advise the board of the name of the support person at the time he or she informs the board of his or her intention to attend.
(f) Audio or Video Tapes. In lieu of personal appearance, any victim, next of kin, or immediate family member may submit an audio taped (cassette) or video taped (VHS format) statement, not to exceed 15 minutes in length, to the Classification and Parole Representative of the appropriate institution three weeks before the hearing for consideration by the hearing panel. [The Classification and Parole Representative shall advise the executive officer of the receipt of any such tape and transcript.] Material submitted after this deadline need not be considered. A written transcript must accompany an audio or video taped statement. The tape and transcript shall be placed in the prisoner's central file. The person submitting the tape may request at the time of any subsequent hearing that the board reconsider the tape.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3043, 3043.1, 3043.2, 3043.3, 3043.5, 5075 and 5076.1, Penal Code; and Section 11120, Government Code.
HISTORY
1. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
4. Amendment of section heading, subsection (a) and Note and new subsections (b)-(f) filed 4-24-92; operative 5-25-92 (Register 92, No. 19).
§2029.1. Visitors and Observers at Hearings.
Note • History
Visitors and observers may attend individual case hearings if prior permission has been obtained from any commissioner, deputy commissioner, person assigned to the hearing panel, the chairman, or the executive officer, subject to the authority of the hearing panel to exclude visitors and observers upon the request of the prisoner or parolee or upon the panel's own motion. Attendance may be permitted only for educational or informational purposes. Persons having a personal interest in the case shall disclose that interest when requesting permission to attend. Visitors and observers may not participate in the hearing except to review written records as permitted by law.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3043, 3043.1, 3043.2, 3043.3, 3043.5, 5075 and 5076.1, Penal Code; and Section 11120, Government Code.
HISTORY
1. New section created and amended from second paragraph of section 2029 filed 4-24-92; operative 5-25-92 (Register 92, No. 19).
§2030. Prosecutor Participation.
Note • History
(a) Hearings in Which Prosecutors May Participate.
(1) General. Except as otherwise provided in this section, the Chairman or Executive Officer may permit a representative of the office which prosecuted a prisoner or parolee to participate in any board hearing when the prisoner or parolee is represented by an attorney.
(2) Extended Term Hearings. A representative of the Attorney General or the district attorney of the county from which the prisoner was committed may participate in any extended term hearing for that prisoner.
(3) Parole Consideration and Rescission Hearings for Life Prisoners. A representative of the district attorney of the county from which a life prisoner was committed may participate in any parole consideration or rescission hearing for that prisoner. If the Attorney General prosecuted the case for the county, or if the district attorney cannot appear because of a conflict, the Attorney General may appear and participate in the hearing for the district attorney.
(b) Notification Requirements. Notice that a hearing will be held shall be given to the prosecutor at least 30 days before the hearing. If the prosecutor wishes to participate in the hearing he shall, at least two weeks before the hearing, notify the institution hearing coordinator that a representative will attend. The prisoner's attorney shall be notified that a prosecutor will attend.
(c) Prehearing Procedures. The prosecutor may review the prisoner's central file and submit any relevant documents including the Appellant's and Respondent's Statements of the Case and Statements of Facts filed in any appeal that may have been taken from the judgment. Any information which is not already available in the central file shall be submitted in writing to department staff not later than ten days before the hearing. Failure to submit new information as provided in this section may result in exclusion of the information at the hearing.
As soon as administratively feasible department staff shall forward to the prisoner or his attorney copies of any documents submitted by the prosecutor. Department staff shall forward to the prosecutor copies of all documents provided to the prisoner or his attorney.
(d) Hearing Procedures.
(1) Procedures. The presiding hearing officer shall specify the hearing procedures and order in which testimony will be taken. The hearing officer shall ensure throughout the hearing that unnecessary, irrelevant or cumulative oral testimony and statements are excluded.
(2) Role of the Prosecutor. The role of the prosecutor is to comment on the facts of the case and present an opinion about the appropriate disposition. In making comments, supporting documentation in the file should be cited. The prosecutor may be permitted to ask clarifying questions of the hearing panel, but may not render legal advice.
NOTE
Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 1170.2 and 3041.7, Penal Code.
HISTORY
1. New section filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
3. Amendment of subsection (a)(3) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of subsections (c) and (d)(1) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).
§2031. Media Representatives at Hearings.
Note • History
Representatives of newspapers and wire services may attend life parole consideration, rescission, revocation, and revocation extension hearings. Requests to attend a particular hearing shall be submitted to the executive officer no later than three working days before the hearing. Requests to attend life prisoner parole hearings may be submitted no earlier than two working days after the date of issuance of the monthly notice of hearings. The executive officer shall determine the number of media representatives who may attend the hearing after considering the custody and security requirements of the department and the space reasonably available at the prison or other incarcerating jurisdiction.
If the number of media representatives requesting permission to attend the hearing exceeds the number who will be permitted, the executive officer shall submit to the Capital Correspondents Association of Sacramento (Association) the names of the representatives wishing to attend. The Association shall consider the need for national, statewide and local coverage and recommend who should be permitted to attend the hearing. The Association shall submit its recommendation to the executive officer. The executive officer shall decide which media representatives will be permitted to attend.
If the executive officer disapproves the Association's recommendations or if the Association has not recommended media representatives no later than four working days before the hearing, the executive officer shall decide who will be permitted to attend. The executive officer shall make the designation considering the need for national, statewide and local representation.
The executive officer shall notify the designated media representatives at least three working days before the hearing.
An electronic sound recording of the hearing may be made.
The hearing panel may exclude any media representative for cause and shall exclude all media representatives while confidential materials are discussed at the hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 3060, Penal Code; Section 11126, Government Code.
HISTORY
1. New section filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
3. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
4. Editorial correction of NOTE No. 3 amending filing date from 6-14-83 to 6-14-84. (Register 91, No. 11).
5. Amendment filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2032. Television and Radio Coverage of Parole Hearings.
Note • History
(a) General. Representatives of television and radio stations may attend individual case hearings.
(b) Television and radio coverage of Board of Prison Terms' parole hearings will be authorized, unless such coverage would create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person, or have the potential for prejudicing judicial proceedings, and subject to the following provisions:
(1) Access to Institutions. Access to Department of Corrections' institutions and local county jails shall be governed by the rules of the Director of Corrections or the local county sheriff notwithstanding any provisions contained in these rules.
(2) Request for Television or Radio Coverage of Parole Hearings. All requests for coverage of parole hearings shall be made to the executive officer of the board no later than three working days before the hearing. Requests to attend life prisoner parole hearings may be submitted no earlier than two working days after the date of issuance of the monthly notice of life prisoner hearings. The request shall specify the name of the prisoner for whom the hearing will be conducted. Requests for coverage on a blanket basis will not be honored. Persons whose requests are not timely will not be considered for entry into the hearing room or for participation in the pooling arrangement.
(3) Decisions to Authorize Television and Radio Coverage of Parole Hearings. The executive officer of the board may authorize television and radio coverage of parole hearings.
(A) The executive officer of the board will grant authorization for television and radio coverage of a parole hearing to the station or network representative who makes the earliest request. Timely requests from more than one station or network will require the establishment of a pooling arrangement. If space limitations prevent the presence of both television and radio personnel in the hearing room, preference will be given to television personnel because of television's need for video equipment. Any television station or network given such preference will provide pooling services to any television or radio personnel denied entry to the hearing room.
(B) As a condition to granting authorization for television or radio coverage of a parole hearing the executive officer of the board may request that a copy of any recording made of the hearing be furnished to the board without cost.
(C) The executive officer of the board or a board hearing panel may deny, limit or terminate coverage of a hearing.
(4) Pooling Arrangements Among Television and Radio Representatives. All television and radio representatives who make a timely request to attend a hearing shall be provided with pool services. The station or network designated to be in the hearing room shall provide the service. Pooling arrangements among representatives shall be the responsibility of the station or network designated to be in the hearing room. In the absence of a pooling agreement or in the event of unresolved disputes relating to pooling agreements, the executive officer or a board hearing panel may deny, limit or terminate all or a portion of the coverage.
(5) Television and Radio Coverage Standards: Equipment and Personnel. Equipment that does not produce distracting sound or light shall be employed to cover parole hearings.
(A) Equipment from the designated station or network only shall be permitted into the hearing room.
(B) There shall be no modification or additions to lighting fixtures in the hearing rooms.
(C) No light or signal which is visible or audible to the hearing participants shall be used on any equipment to indicate whether it is operating.
(D) Video and audio equipment shall not be placed in or removed from the hearing room except before or after the hearing or during a normal recess.
(E) Television or radio personnel from the designated station or network shall assume an assigned, fixed position in the hearing room and shall act in a manner so as not to call attention to his activities. Camera persons shall not be permitted to move about during the hearing.
(F) Television and radio coverage of parole hearings by station and network personnel shall be conducted so as not to create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.
(6) Excluding and Restricting Television and Radio Personnel at Board of Prison Terms' Hearings.
(A) Television and radio personnel may be excluded from or restricted in their attendance at parole hearings by the executive officer of the board or a board hearing panel when the presence of such personnel would create a risk to the security of an institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.
(B) To protect the attorney-client privilege and the right to effective assistance of counsel, there shall be no audio coverage of conferences between the prisoner and his attorney.
(C) There shall be no coverage of any portion of the hearing which is closed by the panel members, including but not limited to deliberations.
(D) There shall be no coverage of any portion of the hearing which is deemed confidential pursuant to California Code of Regulations, Title 15, Sections 2087 (d)(1) and 3321(a).
(7) Objections to Television or Radio Coverage at Board of Prison Terms' Parole Hearings.
(A) The consent of the prisoner or his attorney shall not be required for television or radio coverage of a parole hearing. However, the prisoner or the prisoner's attorney may request that the hearing panel deny, limit or terminate television or radio coverage.
(B) Objections to television or radio coverage of a hearing by a prisoner or his attorney shall be considered on a case by case basis recognizing that prisoners do not have an inherent right to restrict television or radio coverage of a parole hearing.
(C) In determining whether or not to grant an objection to television or radio coverage the executive officer or the hearing panel shall make its determination based on whether television or radio coverage of the hearing would create a risk to the security of the institution, obstruct the hearing process, pose a risk to the personal safety of any person or have the potential for prejudicing judicial proceedings.
NOTE
Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 3041 and 3060, Penal Code; Sections 11126 and 11342.2, Government Code.
HISTORY
1. New section filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
2. Amendment of subsections (b)(6)(D) and (b)(7)(A) filed 1-19-90; operative 2-18-90 (Register 90, No. 5).
Article 5. Individual Case Decisions
§2040. Lifer Decisions, Public Threat.
Note • History
Board decisions as to parole suitability shall include a statement that the board has reviewed all information received from the public and its conclusion as to whether the person would pose a threat to the public if released on parole.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3043.5, Penal Code.
HISTORY
1. Repeal of Article 5 (Sections 2040-2045) and new Article 5 (Sections 2040-2044) filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 7).
2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
3. New section filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
§2041. Review of Proposed Decisions.
Note • History
(a) General. Board decisions, except decisions made at documentation hearings and decisions which do not require a hearing, are proposed decisions and shall be reviewed prior to their effective date in accordance with the following procedures. Except as provided in subdivision (j), an order for a new hearing vacates a proposed decision. Any other board decision may be reviewed after its effective date as provided in these rules or as specified by the chairperson.
(b) Review of Decisions at Revocation Hearings. Decisions made at revocation hearings shall be effective on the date signed by the panel. P&CSD shall immediately implement the decision. A decision may be reviewed within 10 days by the decision review unit. If the decision review unit disapproves the decision and orders a new hearing, the parolee shall be notified and, if necessary, the parole agent shall place a hold following the criteria of §§2600-2602. If the decision review unit modifies the decision without a new hearing, the parole agent shall implement the modified decision immediately.
(c) Decision Review Unit. The decision review unit shall be composed of at least one deputy commissioner as designated by the chairperson except as otherwise provided in this section.
(d) Review of Decisions from Mentally Disordered Offender Hearings. Proposed decisions made at Mentally Disordered Offender Certification, Placement, and Annual Review Hearings shall be implemented immediately by staff from the Department of Mental Heath, P&CSD and the board. The decision shall be reviewed by the chief deputy commissioner or a designee. Within 20 days of the hearing, the chief deputy commissioner may: (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the decision without a new hearing. No decision shall be modified without a new hearing if the modification would be adverse to the interests of the parolee. If the chief deputy commissioner disapproves the decision and orders a new hearing, the parolee shall be notified and, if necessary, the parole agent shall place a hold following the criteria specified in §§2600-2602. If the chief deputy commissioner modifies the decision without a new hearing, staff from the Department of Mental Health, P&CSD and the board shall implement the modified decision immediately. Decisions subject to this subdivision shall be given an effective date not later than 20 days from the hearing, unless expedited under subdivision (k).
(e) Review of Decisions from Sexually Violent Predator Probable Cause Hearings. Proposed decisions from probable cause hearings under the Sexually Violent Predator Program shall be implemented immediately by staff from the Department of Mental Health, P&CSD, and the board. The decision shall be reviewed by the chief deputy commissioner or a designee. Within 10 days of the hearing, the chief deputy commissioner may: (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the decision without a new hearing. No decision shall be modified without a new hearing if the modification would be adverse to the prisoner's interests. If the chief deputy commissioner disapproves the decision and orders a new hearing, the prisoner shall be notified and, if necessary, the parole agent shall place a hold following the criteria specified in §§2600-2602. If the chief deputy commissioner modifies the decision without a new hearing, staff from the Department of Mental Health, P&CSD and the board shall implement the decision immediately. Decisions subject to the subdivision shall be given an effective date no later than 10 days from the hearing.
(f) Review of ISL Parole Consideration and Rescission Hearings. Proposed decisions made at ISL Parole Consideration and Rescission Hearings shall be reviewed by the chief counsel or a designee. Within 90 days of the hearing, the chief counsel may: (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the proposed decision without a new hearing. No decision shall be modified without a new hearing if the decision would be adverse to the prisoner's interest. In cases where the chief counsel recommends a modification where the decision is adverse to the prisoner's interest, the matter shall be referred to the full board for review. No proposed decision shall be referred for a new hearing without a majority vote of the board following a public hearing. Before the matter is referred to the full board for review, the chief counsel or designee shall consult with the panel members who conducted the hearing. If any new information is received by the chief counsel or a designee that is adverse to a life prisoner, the new information will be forwarded to the prisoner and the prisoner's attorney. The prisoner and the attorney will be afforded an opportunity to respond in writing within a reasonable amount of time to the new information. Any proposed decision of the panel shall become final within 120 days of the hearing.
(g) Review of Serious Offender Hearings (Penal Code §1170.2(b)). Proposed decisions made at Serious Offender Hearings shall be reviewed by the chief counsel or a designee. Within 60 days of the hearing, the chief counsel may: (i) affirm the proposed decision, (ii) order a new hearing or (iii) modify the proposed decision without a new hearing. No decision shall be modified without a new hearing if the modification would be adverse to the prisoner's interest. If any new information is received by the chief counsel or a designee that is adverse to the prisoner, the new information will be forwarded to the prisoner and the prisoner's attorney. The prisoner and the attorney will be afforded an opportunity to respond in writing within a reasonable amount of time to the new information. Decisions subject to the subdivision shall be given an effective date no later than 60 days from the hearing.
(h) Review of Life Prisoner Decisions. Proposed decisions made at hearings for prisoners serving a sentence of life with the possibility of parole may be reviewed by the chief counsel or a designee. Grants of parole shall be reviewed by the chief counsel or a designee. A random sample of parole denials, as determined by the Board, shall be reviewed by the chief counsel or a designee. Within 110 days of the hearing, the chief counsel, or a designee, may: (i) affirm the proposed decision, (ii) order a new hearing, or (iii) modify the proposed decision without a new hearing. No decision shall be modified without a new hearing if the decision would be adverse to the prisoner's interest. If any new information is received by the chief counsel or a designee that is adverse to a life prisoner, the new information will be forwarded to the prisoner and the prisoner's attorney. The prisoner and the attorney will be afforded an opportunity to respond in writing within a reasonable amount of time to the new information. In cases where the chief counsel recommends a modification where the decision is adverse to the prisoner's interest, the matter shall be referred to the full board for en banc review. No proposed decision shall be referred for a new hearing without a majority vote of the board following a public hearing. Before the matter is referred to the full board for review, the chief counsel or designee shall consult with the commissioners who conducted the hearing. Any proposed decision of the panel shall become final within 120 days of the hearing.
(i) New Hearings. For purposes of this section, the modification of a decision which would be adverse to the prisoner's or parolee's interest is one which would result in the denial of release from custody or require a longer period of confinement.
(j) Waiver of New Hearing. In cases where a new hearing is ordered, the prisoner or parolee is entitled to waive the right to the hearing and accept the modification suggested by the reviewing authority. In cases where the prisoner or parolee was represented by an attorney at the hearing, the prisoner shall be afforded 10 days to consult with counsel prior to the execution of the agreement to the proposed modification and the waiver of right to a hearing.
(k) Expedited Review. Any proposed decision which would result in the immediate release of a prisoner or parolee except one affecting a life prisoner, shall be reviewed, given an effective date, and released no later than 10 days from the date of the hearing.
(l) Split Vote. Any split vote on an ISL hearing panel shall be referred to the next immediate panel for another hearing.
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2, 2964, 2966, 3041, 3042, 3060, 3063.5, 3063.6, 5075, and 5076.1, Penal Code; and Sections 6600-6601.3, Welfare and Institutions Code.
HISTORY
1. New subsection (b) and relettering of subsections (b)-(f) to (c)-(g) filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Amendment of subsection (e) filed 9-21-78 as an emergency; designated effective 9-25-78. Filed in the week of Register 78, No. 38, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
3. Amendment of subsection (f) filed 10-17-78 as an emergency; effective upon filing. Filed in the week of Register 78, No. 42, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
4. Certificate of Compliance as to filing of 9-21-78 filed 12-29-78 (Register 78, No. 52).
5. Certificate of Compliance filed 3-2-79 as to filing of 10-17-78 (Register 79, No. 9).
6. Amendment of subsection (g) and new subsection (h) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
7. Amendment of subsection (c) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Amendment of subsections (a)-(c) filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6).
9. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections (c), (d)(2) and Note filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
11. Amendment of section and Note filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
12. Amendment of subsection (j) filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (j) refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (j) refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
16. Amendment of subsection (h) and Note filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).
Note • History
The purpose of the decision review process is to assure complete, accurate, consistent and uniform decisions and the furtherance of public safety. Criteria for disapproval of a decision include a determination by the board that the panel made an error of law, or that the panel's decision was based on an error of fact, or that new information should be presented to the board, any of which when corrected or considered by the board, has a substantial likelihood of resulting in a substantially different decision upon a rehearing. In deciding if a decision should be approved, board staff shall review the information available to the panel that made the decision and any information received as provided in §2028.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment of first paragraph and Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
3. Amendment of section and Note filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
§2043. Final Date of Decisions.
Note • History
Any proposed decision granting, modifying, or denying a parole date for a life prisoner, exclusive of those made during Progress Hearings, shall become final no later than 120 days after the hearing at which the proposed decision was made. No Life Prisoner shall be released on parole prior to 60 days from the date of the hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 3042, Penal Code.
HISTORY
1. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
2. Amendment filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment of section and Note filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
5. Amendment of section heading, section and Note filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
Note • History
(a) The full board shall review within a maximum of 60 days from the date of the hearing any proposed decision referred by a member of the hearing panel who requests the full board to consider the case, or from the date of receipt of a request for review by the Governor under the provisions of Penal Code section 3041.1. The case shall be referred to the executive officer or chief deputy commissioner for any preparation which is necessary prior to the meeting.
(b) In reviewing a decision upon the request of the Governor, a vote in favor of parole by a majority of the current board members shall be required to grant parole. If a majority of the board agrees with the decision reached by a majority of the panel, it shall approve the decision.
(c) If a majority of the board disagrees with the decision reached by a majority of the panel, the decision is vacated and the matter shall be scheduled for a new hearing. The decision from the new hearing shall be the decision in the case subject to §2041.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 3041.1, Penal Code.
HISTORY
1. Amendment filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
2. Amendment filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
3. Amendment filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
4. Amendment filed 10-14-2003; operative 11-13-2003 (Register 2003, No. 42).
Article 6. Appeals [Repealed]
HISTORY
1. Repealer of article 6, sections 2050-2057, filed 4-15-2004 as an emergency and operative 5-1-2004; refiled 8-30-2004 and 12-27-2004 as an emergency; Certificate of Compliance filed 6-8-2005 (Register 2005, No. 53). For prior history of section 2053, see Register 82, No. 52.
Article 7. Multijurisdiction Regulations
§2071. Application of BPT Rules to Multijurisdiction Prisoners and Parolees.
Note • History
All BPT rules shall apply to all multijurisdiction prisoners and parolees unless modified by specific multijurisdiction rules.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2072. Determination of Multijurisdiction Status.
Note • History
(a) General. For the purpose of determining whether the multijurisdiction rules apply to any prisoner or parolee, the determinative factor shall be the individual's custody or parole status as of the date any board action is taken, or the date of the assertion of a right.
(b) Definitions.
(1) Examples of “board actions” are:
(A) The scheduling of a hearing.
(B) Notification of a hearing or board decision.
(C) A hearing.
(D) A decision made without a hearing.
(2) Examples of “assertion of a right” are:
(A) An attorney request.
(B) A central file review request.
(C) A hearing request.
(D) A rehearing request.
The multijurisdiction rules shall apply to any prisoner or parolee who becomes a multijurisdiction prisoner or parolee subsequent to any board action or to the assertion of any right. The multijurisdiction regulations shall no longer apply to a prisoner or parolee if the prisoner's or parolee's multijurisdiction status terminates subsequent to any board action or to the assertion of any right.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 11189(f) and 11190(f), Penal Code.
HISTORY
1. Amendment of subsection (b)(2) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of subsection (b)(2)(C), subsection relettering and new Note filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (b)(2)(C), subsection relettering and new Note refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
4. Repealer of subsection (b)(2)(C), subsection relettering and new Note refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
§2073. Grievances for Multijurisdiction Prisoners and Parolees: General.
Note • History
Any multijurisdiction prisoner or multijurisdiction parolee who is dissatisfied with a decision by the Board regarding accommodation for a disability as defined in 42 U.S.C. section 12102 may grieve that decision in accordance with the process required by the Armstrong v. Schwarzenegger Revised Permanent Injunction. The prisoner or parolee may request help from a departmental or board employee or other party in filing the grievance, and a decision shall be provided prior to the hearing, if the grievance is received at least five working days before the scheduled hearing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Armstrong v. Schwarzenegger (2002), USDC-ND (No. C-094-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. sections 12101, et seq.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment of section heading, section and Note filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, section and Note refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
Note • History
(a) Multijurisdiction Prisoner. The grievance coordinator for multijurisdiction prisoners shall be:
(1) Federal compact, federal concurrent, federal consecutive prisoners; concurrent, consecutive, WICC, and ICC prisoners: A Classification Staff Representative of the Interstate Unit.
(2) Out-to-Court and California Agency Prisoners: The Classification and Parole Representative in the department institution designated by the department to maintain the prisoner's central file.
(b) Incarcerated Multijurisdiction Parolees. The grievance coordinator for multijurisdiction parolees incarcerated in a penal institution shall be:
(1) Multijurisdiction parolees incarcerated in a department institution: The Classification and Parole Representative (C&PR).
(2) Multijurisdiction parolees located in California: A Classification Staff Representative of the Interstate Unit.
(3) Multijurisdiction parolees located outside the State of California: A Classification Staff Representative of the Interstate Unit.
(c) Non-incarcerated Multijurisdiction Parolees. The grievance coordinator for parolees not incarcerated in a penal institution shall be:
(1) Concurrent parolees and cooperative parolees: A Parole Agent III or higher of the Interstate Unit.
(2) California concurrent parolees: A Parole Agent III or higher in the parolee's supervision region.
(3) California Agency parolees: A Parole Agent III or higher in the parolee's supervision region.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170(f), 1170.2, 3041, 3060, 11189(f) and 11190(f), Penal Code; Armstrong v. Schwarzenegger (2002), USDC-ND (No. C-094-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. sections 12101, et seq.
HISTORY
1. Amendment of subsections (a)(2) and (b)(3) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment of section heading, section and Note filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section heading, section and Note refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section heading, section and Note refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
§2075. Time Limits on Appeal: Refiling. [Repealed]
History
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
Article 8. Information Practices Act
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
HISTORY
1. New Article 8 (Sections 2080-2088, not consecutive) filed 1-25-78; effective thirtieth day thereafter (Register 79, No. 4).
2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2081. Collection of Information.
Note • History
(a) Sources. When collecting information from persons other than the subject of the information the board shall record the name, title, and address of the source.
(b) Notice. Any form used to collect information from the subject of the information shall include:
(1) The unit of the board requesting the information;
(2) The title, business address, and telephone number of the executive officer;
(3) The authority for maintaining the information;
(4) Whether submission of the information is voluntary or mandatory;
(5) The consequences, if any, of not providing any or all of the information;
(6) The principal uses of the information;
(7) Any known or possible interagency or intergovernmental transfers;
(8) The person's right to review personal information.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
HISTORY
1. Repealer of subsection (a) and relettering of subsections (b) and (c) to subsections (a) and (b) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Note
(a) Collecting Information. On June 1 of each year, the supervisor of each board unit which maintains information on persons shall submit the following information to the information practices coordinator:
(1) The title of each records system maintained;
(2) A brief description of the type of information maintained and the categories and approximate number of persons on whom files are maintained in each records system;
(3) The major use of the information;
(4) The retention period and disposal policies;
(5) The general sources of the information;
(6) The types of persons or agencies to whom the information is disclosed.
(b) Filing. Upon receipt of the information the Information Practices Act coordinator shall review the material and submit the information to the Office of Information Practices by July 1.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
§2083. Maintenance of Information.
Note
(a) General. Each unit of the board shall develop a purge schedule to ensure its records are accurate, relevant, timely and complete. Prior to transferring any record outside of state government, the unit supervisor shall review the file and correct, update, withhold or delete any information the supervisor knows or has reason to believe is inaccurate or untimely.
All units shall take appropriate safeguards to ensure the security of the records. Any organization which has a contract to maintain or use board records shall comply with the Information Practices Act and these rules.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
Note • History
(a) General. Any person has the right to inquire whether the board maintains a record containing information about that person. Inquiries shall be submitted to the executive officer. All board employees shall cooperate to assist persons making inquiries.
(b) Responses to Inquiries. If any board unit maintains information concerning the person, the executive officer shall notify the person that the board maintains such information, that all personal information in the file may be reviewed, that requests for review are to be directed to the executive director, and that the information may be contested by submitting a request for amendment to the executive officer.
(c) Requests for Review. Any person may review all personal information concerning that person by submitting a request for review. The request shall be submitted in writing to the executive officer who shall arrange the review within 30 days of the request for active records, 60 days for inactive records. The person is also entitled to know the sources of the information, unless the source is confidential, and to review the accounting of disclosures of information in the file.
If the person requesting review is a prisoner or parolee and the information in the board file is not also in the central file, copies of the personal information, the identify of sources and the accountings of disclosures shall be sent to the C&PR or parole agent, who shall give the copies to the prisoner or parolee. For other persons requesting review of board files, the board shall permit a personal review of the file or send copies of the information if the person lives more than 50 miles from the location of the board files.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
HISTORY
1. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
Note • History
(a) General. This section shall not apply to contesting board hearing decisions or the record of board hearings. Decisions and records of hearings may only be contested as provided in Sections 2050-2056. This section shall not apply to contesting information originated or collected by agencies other than the board.
(b) Initial Request for Amendment. The subject of information maintained by the board may request an amendment of the information by submitting a written and dated request for amendment to the executive officer. The request for amendment shall include a statement of no more than two pages explaining which specific information is claimed to be erroneous and what the correct information is. The executive officer shall review the request and the record and within 30 days of the date of receipt of the request either amend the record or notify the person that the record will not be changed. Any refusal to amend shall include the reason for the refusal, the procedures for review of the refusal, and a statement that the chairman will review the case upon request.
(c) Chairman's Review. Within 30 days of the executive officer's refusal to amend a record, the person may request review by the chairman by submitting a request to the chairman. The chairman shall complete the second review and issue a final decision within 30 days of the date of receipt of the request for a second review.
(d) Statement of Disagreement. If the record is not changed the person may submit to the executive officer a statement of not more than three pages setting forth the reasons for disagreement with the information in the file. The executive officer shall ensure that the statement of disagreement and the board's reasons for refusing to amend the record are included with the contested information and accompany any subsequent disclosure of that information. If the board files do not contain originals of the contested information, the board shall retain a copy of the statement and forward the original to be retained with the original information.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
HISTORY
1. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
§2087. Disclosure of Information.
Note • History
(a) General. Information about a person and contained in files maintained by the board shall be disclosed only as provided in this section. Only personal or confidential information collected or originated by the board may be disclosed. Any information contained in board files which was collected or originated by another agency or department shall not be disclosed, but the person requesting the information shall be referred to the originating agency. This section shall not apply to life prisoner parole consideration files. (See Penal Code Section 3042.)
(b) Nonpersonal Information.
(1) Disclosures. Nonpersonal information may be disclosed to anyone who has a legitimate reason for needing the information. Prior to disclosure of the information, the identity of the person requesting and the reason for needing the information shall be established.
In disclosing nonpersonal information the board shall ensure that the information is needed for a legitimate reason and that the person requesting it will use the information only as it pertains to that need.
(c) Personal Information.
(1) Disclosures.
(A) Personal information may be disclosed to persons other than the subject of the information as follows:
1. Consent.
a. To anyone if the subject of the information has given written voluntary consent within 30 days of the requested disclosure or within the time limits specified in the consent;
b. To the subject's guardian or conservator upon adequate verification that the person is the guardian or conservator;
c. To a member of a committee of the legislature or to a legislator if the subject has consented to the disclosure. Consent may be implied if the subject has written to the legislator requesting information or assistance.
2. Employees. To officials, employees and volunteers in the board or the department, if the disclosure is necessary for the performance of their functions and relates to a purpose for which the information was collected.
3. Public Agencies.
a. To a person or state agency if the transfer is necessary for the transferee to perform its statutory or constitutional duties, the transfer is compatible with a purpose for which the information was collected, and the transfer is listed in the OIP Notice;
b. To a federal or local agency when required by state law;
c. To a law enforcement agency when required for the investigation of unlawful activity, unless disclosure is otherwise prohibited by law;
d. To another person or governmental organization when necessary to obtain information for a board investigation of a failure to comply with a state law the board is responsible for enforcing;
e. To the State Archives as a record which has sufficient historical or other value to warrant its preservation, or for evaluation by the Director of General Services or his designee to determine whether the record has other value.
4. Researchers.
a. To a person who has provided adequate written assurance that the information shall be used solely for statistical research if the information is disclosed in a manner that will not identify any subject of the information;
b. To the University of California or nonprofit educational institution which has provided adequate assurance of the need for the information, procedures for protecting the information, and assurance that the identity of any individuals shall not be disclosed in identifiable form.
5. Compelling Circumstances. Pursuant to a determination by the board that compelling circumstances exist which affect the health or safety of the subject if notice of the disclosure is transmitted to the subject of the information at his last known address.
6. Courts. To any person pursuant to a court order if prior to the disclosure, the board reasonably attempts to notify the subject of the disclosure and notice is not prohibited by law.
(d) Confidential Information.
(1) Definition. Confidential information includes information which, if disclosed, would:
(A) Endanger the health or safety of the subject or of other persons;
(B) Endanger the security of any department institution;
(C) Disclose personal or confidential information about a person other than the subject of the information when the information about the other person would not reasonably be part of the subject's knowledge or experience;
(D) Impede an investigation or preclude the department or board from accomplishing its statutory purpose or function in criminal, civil or administrative matters;
(E) Compromise the objectivity or fairness of the testing, appointment or promotion process;
(F) Release information required by statute to be withheld from the person to whom the information pertains.
(2) Disclosure. Confidential information may be disclosed as provided in subsection (c)(2).
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
HISTORY
1. Repealer of subsections (b)(1) and (c)(1), and renumbering of subsections (b)(2) and (c)(2) to subsections (b)(1) and (c)(1) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2088. Accounting for Disclosures.
Note
Each unit of the board shall maintain a record of disclosures of information to anyone other than the subject of the information or board or department employees. The accounting shall identify the information disclosed, the person or organization to whom the information was disclosed, the purpose of the disclosure and the date of the disclosure. Disclosures made by the investigative unit to other law enforcement officers while actively engaged in field duties do not require an accounting.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798-1798.76, Civil Code.
Chapter 2. Term Decisions
Article 1. Sentence Review [Repealed]
HISTORY
1. Repealer of article 1, sections 2100-2107, filed 12-22-82 by OAL pursuant to Government Code section 11349.7(j) (Register 82, No. 52). For prior history of section 2107, see Register 82, No. 33.
Article 2. Board Review of Department Denial of Good Time Credit
Note • History
DSL prisoners and ISL prisoners who have DSL release dates retroactively calculated are entitled to credit for good behavior and participation, and may earn work time credit. Good time and work time credit shall be deducted from the DSL release date. The Department is responsible for deducting good time and work time credit from the sentence, and for establishing the procedures to deny good time or work time credit. If good time or work time credit is denied by the Department, the initial appeal of that decision shall be handled through Department appeal procedures.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2930-2932 and 5077, Penal Code.
HISTORY
1. Repealer of Article 2 (Sections 2120-2123) and new Article 2 (Sections 2120-2121) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment of Article title filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Amendment filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
4. Change without regulatory effect amending section and Note filed 10-1-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 40).
Note • History
(a) Submitting Request. When the Department appeal is final, the prisoner may request Board review by following the procedures set forth in §§2050-2056, except that the appeal to the Board must be filed within ten days of notification that the Department has denied the appeal.
(b) Decision. The reviewers may modify, affirm, or reverse the Department's decision, or may order a hearing scheduled.
(c) Hearing Ordered.
(1) Panel. This hearing is conducted by a panel of three deputy commissioners.
(2) Prisoner Rights. The prisoner shall have the rights specified in §§2245-2252 and 2254-2256. The record of the hearing shall be a tape recording.
(3) Information Considered. At this hearing, the panel shall consider the record established by the Department, any information submitted by the prisoner under §2249, and any information elicited at the hearing.
(4) Decision. The panel may modify, affirm, or reverse the Department's decision.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2930-2932, 5076.1 and 5077, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
3. Change without regulatory effect amending section and Note filed 10-1-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 40).
§2122. Review of Request. [Repealed]
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 2930-2932 and 5077, Penal Code.
HISTORY
1. Repealer filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 38).
§2123. Hearing Ordered. [Repealed]
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 2930-2932 and 5077, Penal Code.
HISTORY
1. Repealer filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 38).
Article 3. Retroactive Sentencing Procedures [Repealed]
HISTORY
1. Repealer of article 3, sections 2145-2167, filed 3-7-84 by OAL pursuant to Government Code section 11349.7(j) (Register 84, No. 10). For prior history of sections 2148, 2154, 2155, 2156, 2157, 2158, 2161, 2164, 2166 and 2167, see Register 82, No. 52.
Article 4. Multijurisdiction Regulations [Repealed]
HISTORY
1. Repealer of article 4, sections 2180-2181, filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46). For prior history of section 2180, see Register 82, No. 33.
Article 5. Mentally Disordered Sex Offender Term Fixing [Repealed]
HISTORY
1. Repealer of article 5, sections 2185-2199, filed 12-22-82 by OAL pursuant to Government Code section 11349.7(j) (Register 82, No. 52). For prior history of section 2196, see Register 85, No. 46.
Chapter 3. Parole Release
Article 1. General [Repealed]
History
HISTORY
1. Repealer of Article 1 (Section 2230) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Article 2. Information Considered
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2233. Documents Considered. [Repealed]
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2235. Confidential Information.
No decision shall be based upon information that is not available to the prisoner unless the information has been designated confidential under the rules of the department and is necessary to the decision.
(a) Reliability. The reliability of confidential information to be used shall be established to the satisfaction of the hearing panel. A finding of reliability shall be documented by the hearing panel. A hearing may be continued to establish the reliability of the information or to request the department to designate the information as nonconfidential.
(b) Documentation. If confidential information affected a decision the prisoner shall be notified of reports on which the panel relied.
The facts of the crime shall be discussed with the prisoner to assist in determining the extent of personal culpability. The board shall not require an admission of guilt to any crime for which the prisoner was committed. A prisoner may refuse to discuss the facts of the crime in which instance a decision shall be made based on the other information available and the refusal shall not be held against the prisoner. Written material submitted by the prisoner under § 2249 relating to personal culpability shall be considered.
§2237. Resolving Factual Disputes. [Repealed]
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2238. Insufficient Information.
If, during the hearing, the hearing panel determines there is insufficient information available to determine any relevant or necessary fact, the hearing panel may continue the hearing up to 90 days. Appropriate staff shall be instructed to obtain the specific information which is needed as soon as possible. The prisoner is entitled to review this information under the procedures in § 2247 at least 10 days before the rescheduled hearing.
§2239. Battered Woman Syndrome.
Note • History
At parole consideration hearings, the Board panel shall consider any information or evidence of Battered Woman Syndrome (BWS), as defined in section 2000(b), where it appears the criminal behavior was the result of that victimization. The panel shall state, on the record, the information which was considered pursuant to this section, and its effect, if any, on the parole decision. Information regarding BWS may be used by the panel to mitigate culpability for the offense for purposes of suitability for parole, and may be used as a reason for mitigating the base term. If sufficient information is not available to determine whether the criminal behavior was the result of that victimization, the panel shall refer the case for investigation.
NOTE
Authority cited: Sections 3041, 3052 and 5076.2(a), Penal Code. Reference: Sections 3041, 4801, 5075.5 and 5076.1, Penal Code; and Section 1107, Evidence Code.
HISTORY
1. New section filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
§2240. Psychological Risk Assessments for Life Inmates.
Note • History
(a) Prior to a life inmate's initial parole consideration hearing, a Comprehensive Risk Assessment will be performed by a licensed psychologist employed by the Board of Parole Hearings, except as provided in subsection (g).
(1) In the case of a life inmate who has already had an initial parole consideration hearing but for whom a Comprehensive Risk Assessment has not been prepared, a Comprehensive Risk Assessment shall be performed prior to the inmate's next scheduled subsequent hearing, unless a Psychological Report was prepared prior to January 1, 2009.
(2) Psychological Reports prepared prior to January 1, 2009 are valid for use for three years, or until used at a hearing that was conducted and completed after January 1, 2009, whichever is earlier. For purposes of this section, a completed hearing is one in which a decision on parole suitability has been rendered.
(b) A Comprehensive Risk Assessment will be completed every five years. It will consist of both static and dynamic factors which may assist a hearing panel or the Board in determining whether the inmate is suitable for parole. It may include, but is not limited to, an evaluation of the commitment offense, institutional programming, the inmate's past and present mental state, and risk factors from the prisoner's history. The Comprehensive Risk Assessment will provide the clinician's opinion, based on the available data, of the inmate's potential for future violence. Board of Parole Hearings psychologists may incorporate actuarially derived and structured professional judgment approaches to evaluate an inmate's potential for future violence.
(c) In the five year period after a Comprehensive Risk Assessment has been completed, life inmates who are due for a regularly scheduled parole consideration hearing will have a Subsequent Risk Assessment completed by a licensed psychologist employed by the Board of Parole Hearings for use at the hearing. This will not apply to documentation hearings, cases coming before the Board en banc, progress hearings, three year reviews of a five year denial, rescission hearings, postponed hearings, waived hearings or hearings scheduled pursuant to court order, unless the Board's Chief Psychologist or designee, in his or her discretion, determines a new assessment is appropriate under the individual circumstances of the inmate's case.
The Subsequent Risk Assessment will address changes in the circumstances of the inmate's case, such as new programming, new disciplinary issues, changes in mental status, or changes in parole plans since the completion of the Comprehensive Risk Assessment. The Subsequent Risk Assessment will not include an opinion regarding the inmate's potential for future violence because it supplements, but does not replace, the Comprehensive Risk Assessment.
(d) The CDCR inmate appeal process does not apply to the psychological evaluations prepared by the Board's psychologists. In every case where the hearing panel considers a psychological report, the inmate and his/her attorney, at the hearing, will have an opportunity to rebut or challenge the psychological report and its findings on the record. The hearing panel will determine, at its discretion, what evidentiary weight to give psychological reports.
(e) If a hearing panel identifies a substantial error in a psychological report, as defined by an error which could affect the basis for the ultimate assessment of an inmate's potential for future violence, the Board's Chief Psychologist or designee will review the report to determine if, at his or her discretion, a new report should be completed. If a new report is not completed, an explanation of the validity of the existing report shall be prepared.
(f) If a hearing panel identifies at least three factual errors the Board's Chief Psychologist or designee will review the report and determine, at his or her discretion, whether the errors invalidate the professional conclusions reached in the report, requiring a new report to be prepared, or whether the errors may be corrected without conducting a new evaluation.
(g) Life inmates who reside in a state other than California, including those under the Interstate Compact Agreement, may not receive a Comprehensive Risk Assessment, Subsequent Risk Assessment or other psychological evaluation for the purpose of evaluating parole suitability due to restraints imposed by other state's licensing requirements, rules of professional responsibility for psychologists and variations in confidentiality laws among the states. If a psychological report is available, it may be considered by the panel for purpose of evaluating parole suitability at the panel's discretion only if it may be provided to the inmate without violating the laws and regulations of the state in which the inmate is housed.
(h) The provisions of this section shall not apply to medical parole hearings pursuant to Penal Code section 3550 or applications for sentence recall or resentencing pursuant to Penal Code section 1170.
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 3041.5, Penal Code.
HISTORY
1. New section filed 10-25-2011; operative 11-24-2011 (Register 2011, No. 43).
Article 3. Prisoner Rights
At all hearings, prisoners located in California shall have the rights enumerated in 2245 through 2255. Prisoners located outside California shall have the rights specified in 2367. The prisoner is responsible for bringing to the attention of the hearing panel any issues pertaining to his rights under this article or any failure to comply with these rules. A prisoner may waive any of these rights, and any such waiver shall be documented. Additional rights applicable only to specific hearings are covered in the sections dealing with those hearings.
Note • History
A prisoner shall be notified as soon as possible of the week during which the hearing shall be held, but shall be notified no later than one month before the week during which the hearing will be held. Department staff shall provide notification of the hearing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041.5, Penal Code.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
A prisoner is entitled to review nonconfidential documents in the department central file. A prisoner is responsible for complying with department procedures for review of the documents and for making his request sufficiently early to permit his review of the documents at least 10 days before the week of the hearing. A prisoner shall have the opportunity to enter a written response to any material in the file.
A prisoner dissatisfied with the disclosure may appeal pursuant to department procedures. (See Title 15, California Administrative Code, Section 3003.)
A prisoner has the right to be present at the hearing, to speak on his own behalf, and to ask and answer questions. A prisoner refusing to attend the hearing shall be advised that a decision may be made without his presence. No panel shall consider information not available to the prisoner unless the information is designated confidential under § 2235.
§2249. Prisoner Presentation of Documents.
A prisoner shall have the right to present relevant documents to the hearing panel. The documents should be brief, pertinent, and clearly written. They may cover any relevant matters such as mitigating circumstances, disputed facts or release planning. A copy of the documents may be placed in the prisoner's central file.
§2250. Impartial Hearing Panel.
A prisoner is entitled to a hearing by an impartial panel. A prisoner may request the disqualification of a hearing panel member or a hearing panel member may disqualify himself.
(a) Grounds for Disqualification. A hearing panel member shall disqualify himself in the following circumstances:
(1) A close personal relationship exists between the hearing panel member and the prisoner or between their immediate families.
(2) The hearing panel member was involved in a past incident with the prisoner which might cause him to be prejudiced against the prisoner; for example, the hearing panel member was responsible for the arrest of the prisoner or the prisoner has assaulted the hearing panel member or a member of the hearing panel member's family.
(3) The hearing panel member is actually prejudiced against or biased in favor of the prisoner to the extent that he cannot make an objective decision.
(b) Decision. The hearing panel shall make and document the decision on disqualification if the issue has been raised. Disqualification shall not occur solely because the hearing panel member knew the prisoner in the past or has made a decision in the past affecting the prisoner.
A prisoner may receive reasonable assistance in preparing for the hearing.
A prisoner who is unable to effectively communicate with the hearing panel due to language difficulties or a physical or mental defect shall be provided with appropriate assistance during the hearing. Department staff shall arrange for the necessary assistance prior to the hearing. If assistance has not been arranged and appears necessary during the hearing, the hearing panel shall request department staff to provide assistance and continue the hearing if necessary.
§2251.5. Americans with Disabilities Act.
Note • History
(a) No qualified individual with a disability as defined in 42 United States Code (U.S.C.) section 12102 shall, by reason of such disability, be excluded from participation in, or be denied the benefits of, the services, programs or activities of the board, or be subject to discrimination by the board.
(b) Any prisoner or parolee who believes that he or she is an individual with a qualifying disability, and believes that he or she has been denied reasonable accommodation by the board, may grieve that denial in accordance with the process required by the Armstrong v. Schwarzenegger Revised Permanent Injunction.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Pennsylvania Department of Corrections v. Yeskey (1998) 118 S.Ct. 195; Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. sections 12101, et seq.
HISTORY
1. Renumbering of section 2057 to section 2251.5, including amendment of section heading, section and Note, filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Renumbering of section 2057 to section 2251.5, including amendment of section heading, section and Note, refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
3. Renumbering of section 2057 to section 2251.5, including amendment of section heading, section and Note, refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
Note • History
The prisoner or parolee has the following responsibility in filing any grievance:
(a) Contents of the Grievance.
(1) The grievance shall include the name, department (CDC) number, and location of the prisoner or parolee.
(2) The grievance shall be brief, pertinent, legible, and clearly written.
(3) Specific grounds, relating to Americans with Disabilities Act issues only, must be clearly stated and all necessary documents and information must be attached to the application.
(4) All grounds must be included in the same grievance.
(5) The decision desired must be stated.
(6) The application (grounds for grievance, the decision desired, and all arguments in support of the grievance) shall not exceed either the front side of six pages or the front and back sides of three pages of 8 and 1/2 by 11 inch paper. A BPT Form 1074 (Request for Reasonable Accommodation -- Grievance Process) may be used, but is not required.
(b) Assistance. Assistance in preparing the grievance may be sought from staff, attorneys assigned for revocation hearings, or others. The BPT Form 1074 shall be available to prisoners and parolees in custody and also at parole offices.
(c) Submitting the Grievance. Grievances shall be submitted as soon as possible to the Board's ADA Coordinator (pre-hearing), the Board's Quality Control Unit (post-hearing), or given to a staff person or attorney.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. Sections 12101, et seq.; and Section 5076.1, Penal Code.
HISTORY
1. New section filed 6-8-2005; operative 6-8-2005 (Register 2005, No. 23).
§2251.7. Processing a Grievance.
Note • History
(a) Timeframes. The Board's Americans with Disabilities Act Compliance Unit shall ensure that a complete grievance meeting the requirements of §2251.6 be answered within 30 calendar days of receipt by the Board's Quality Control Unit.
(b) Board Actions. The Board may take any of the following actions when answering a grievance.
(1) Order a New Hearing. Place the matter directly on the appropriate calendar if the denial of the requested accommodation violated the prisoner or parolee's due process or disability rights to access the parole proceeding [as that term is defined in the Armstrong v. Davis Remedial Plan, January 4, 2002]. Reasons for this action shall be stated. Following a new hearing, a copy of the new decision shall be forwarded to the Board's Quality Control Unit.
(2) Deny. Deny the grievance if the decision denying the accommodation was harmless or the decision was reasonable under the circumstances of the case. The decision shall document the reasons for denial and include specific citation of policy.
(3) New Decision. Make a new decision if no new hearing is required and the decision will not adversely affect the prisoner or parolee.
(4) Dismiss. Dismiss the grievance if it should be handled through the Department of Corrections' Inmate and Parolee Appeals System (See Title 15, Division 3, California Code of Regulations), if the Board has no jurisdiction over the issues being grieved, if the grievance is premature, or if the grievance was filed more than 90 days after the prisoner or parolee received written confirmation of the decision denying the accommodation.
(c) Exhaustion of Administrative Remedies. Administrative remedies with the Board are exhausted after the prisoner or parolee has filed a grievance as specified in §2251.5 et seq, and the above time limits have elapsed.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94-2307-CW); Title II, Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U.S.C. Sections 12101, et seq.; and Section 5076.1, Penal Code.
HISTORY
1. New section filed 6-8-2005; operative 6-8-2005 (Register 2005, No. 23).
§2252. Department Representative.
Note • History
A person designated by the department shall be present at life prisoner progress hearings to ensure that all facts relevant to the decision and any unresolved factual issues are presented. A department representative may attend any other board hearing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041.5, Penal Code.
HISTORY
1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
§2253. Voluntary Waivers, Stipulations of Unsuitability, Postponements, and Continuances.
Note • History
(a) General. The rights and interests of all persons properly appearing before a board life parole consideration hearing are best served when hearings are conducted as scheduled. Occasional circumstances may require the delay of a scheduled hearing. It is the intention of the board to recognize the need and desirability to occasionally delay a scheduled hearing and to authorize said delays through a process of voluntary waiver or stipulation of unsuitability or to postpone or continue a scheduled life parole consideration hearing.
(b) Voluntary Waivers. A prisoner may request to voluntarily waive his or her life parole consideration hearing for any reason. Requests shall be made in writing to the board and shall state the reason for the request.
(1) In requesting a voluntary waiver, the prisoner shall be deemed to have waived his or her right to a life parole consideration hearing pursuant to sections 3041 and 3041.5 of the California Penal Code for the period specified in the waiver. A prisoner may waive his or her hearing for one, two, three, four or five years.
(2) A request for a voluntary waiver of a life parole consideration hearing should be submitted to the board at the earliest possible date that the prisoner becomes aware of the circumstances leading to the request, but shall be no later than 45 calendar days prior to the date of the scheduled hearing. A request made no later than 45 days prior to the scheduled hearing shall be presumed to be valid.
(3) A request for a voluntary waiver of a life parole consideration hearing submitted less than 45 calendar days prior to the scheduled hearing shall be presumed to be invalid and shall be denied by the board unless good cause is shown and the reason(s) given were not and could not reasonably have been known to the prisoner 45 calendar days prior to the scheduled hearing.
(4) In the event a request for a voluntary waiver is granted during the week of a scheduled life parole consideration hearing, in order to avoid future cost and inconvenience to properly appearing parties, the board shall give the District Attorney and the victim, victim's next of kin, members of the victim's immediate family and two victim's representatives the opportunity to give a statement on the record. If statements are taken, a transcript shall be made and shall be considered by the next hearing panel. The prisoner may waive his or her right to be present for such statements.
(5) Prisoners may waive no more than three consecutive life parole consideration hearings.
(c) Stipulations of Unsuitability.
(1) At any time prior to a life parole consideration hearing a prisoner may offer to stipulate to unsuitability for parole. An offer shall be submitted in writing to the board and shall state the reasons that support unsuitability. In considering an offer to stipulate to unsuitability the board shall review any written statements received from the District Attorney and the victim, victim's next of kin, members of the victim's immediate family and two victim's representatives. The board retains discretion to accept or reject the offer to stipulate. Prisoners may offer to stipulate to unsuitability for 3, 5, 7, 10 or 15 years from the date of the scheduled hearing.
(2) If an offer to stipulate to unsuitability is made during the week of the scheduled life parole consideration hearing, the board shall give the District Attorney and the victim, victim's next of kin, members of the victim's immediate family and two victim's representatives the opportunity to give a statement on the record. If statements are taken, a transcript shall be made and shall be considered by the next hearing panel. The prisoner may waive his or her right to be present for such statements.
(d) Postponements.
(1) The Hearing Panel Chair or Board Executive Officer may postpone a life parole consideration hearing, upon its own motion or at the request of a prisoner, due to the unavailability of a hearing panel; the absence or untimeliness of required Department (CDCR) and/or board notices, documents, reports or required prisoner accommodations; or exigent circumstances such as illness of attending parties, natural disasters or institutional emergencies.
(2) A prisoner may request that the board postpone a life parole consideration hearing to resolve matters relevant to his or her parole consideration for reasons not set forth in subdivision (1) of this subsection. The board may grant a postponement only upon the affirmative showing of good cause on the part of the prisoner and only if the prisoner did not and could not have known about the need for the postponement earlier than when he or she made the postponement request. Good cause is a prisoner's excused inability to obtain essential documents or other material evidence or information despite his or her diligent efforts.
(3) A postponed hearing shall be rescheduled at a date consistent with resolution of the issue causing the postponement, the need to provide notice to affected parties, and panel availability. When the postponed hearing is rescheduled, it shall not displace a previously scheduled hearing.
(4) If a postponement is granted during the week of the scheduled hearing, the Board shall give the District Attorney, and the victim, victim's next of kin, members of the victim's immediate family and two victim's representatives the opportunity to give a statement on the record. Exercising this option will not preclude the speaker from making a statement at subsequent parole consideration hearings. This statement shall be made available for consideration by subsequent hearing panels. If statements are taken, a transcript shall be made and a copy provided to the prisoner.
(e) Continuance. After the commencement of a life parole consideration hearing, the Hearing Panel Chair may continue a hearing only upon a showing of good cause which was unknown, and could not reasonably have been known by the party requesting the continuance, prior to the commencement of the hearing.
(1) In considering a continuance, the Hearing Panel Chair shall weigh the reasons and the need for the continuance and any inconvenience to the board, department, or appearing parties and determine what will best serve the interest of justice.
(2) If a life parole consideration hearing is continued, the board shall attempt to impanel the same panel members when the hearing is reconvened. However, the board may, in its discretion, reconvene a new panel and commence a new hearing.
(3) In the event of a continuance, the District Attorney and the victim, victim's next of kin, members of the victim's immediate family and two victim's representatives may elect to give a statement on the record before the hearing is continued, in lieu of giving a statement when the hearing resumes. This statement shall be made available to subsequent hearing panels.
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2, 3041 and 3041.5, Penal Code; In re Rutherford (Super. Ct. Marin County, No. SC135399A) February 19, 2008; and Proposition 9 (Marsy's Law) December 13, 2008.
HISTORY
1. Renumbering of Section 2253 to Section 2254 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2254 to Section 2253 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Repealer and new section heading and section and amendment of Note filed 6-25-2004 as an emergency; operative 6-28-2004 (Register 2004, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-25-2004 order, including amendment of subsections (b)(1) and (c)(1), transmitted to OAL 10-26-2004 and filed 12-9-2004 (Register 2004, No. 50).
5. Amendment of section heading, section and Note filed 9-3-2008; operative 11-1-2008 (Register 2008, No. 36).
6. Amendment of subsection (b)(1), repealer of subsections (b)(1)(A)-(B), amendment of subsections (b)(4) and (c)(1), repealer of subsections (c)(1)(A)-(B), amendment of subsections (c)(2), (d)(4) and (e)(3) and amendment of Note filed 8-11-2009; operative 8-11-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 33).
Note • History
A record (a verbatim transcript, tape recording or written summary) shall be made of all hearings. The record of the hearing shall include or incorporate by reference the evidence considered, the evidence relied on, and the findings of the hearing panel with supporting reasons. The prisoner is entitled to a copy of the record of the hearing upon request.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041.5, Penal Code.
HISTORY
1. Renumbering of Section 2254 to Section 2255 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2255 to Section 2254 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
§2255. Written Statement of Decision.
Note • History
Every prisoner and his attorney if he was represented by an attorney at a hearing shall receive a copy of the decision specifying the decision, the information considered and the reasons for the decision.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041.5, Penal Code.
HISTORY
1. Amendment filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Renumbering of Section 2255 to Section 2256 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Renumbering of Section 2256 to Section 2255 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
Note • History
(a) General. A prisoner or parolee may be represented by an attorney at specific hearings. The sections concerning particular hearings and the prisoner's or parolee's rights at those hearings specify whether the prisoner or parolee may be represented by an attorney.
(b) Waiver. If a prisoner or parolee is entitled to representation by an attorney at a hearing, the prisoner or parolee may waive the right to an attorney. Department staff shall document the waiver.
(c) Indigents. If a prisoner or parolee is entitled to be represented by an attorney at a hearing, an attorney will be provided at state expense if the prisoner or parolee cannot afford to retain private counsel. A prisoner or parolee is presumed able to afford an attorney if the prisoner or parolee has one thousand five hundred dollars ($1,500.00) or more in cash, institutional trust account, savings account, checking account or any combination of cash and accounts. A prisoner or parolee with one thousand five hundred dollars ($1,500.00) must show that he or she has been unable to obtain an attorney for that amount before an attorney will be appointed at state expense.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973); Sections 1170.2 and 3041.7, Penal Code.
HISTORY
1. Renumbering of former Section 2253 to Section 2254 and new section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Renumbering of Section 2253 to Section 2256 filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
Article 4. Parole Consideration Procedures for Life Prisoners and Nonlife 1168 Prisoners
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7, 3042 and 3046, Penal Code.
HISTORY
1. Amendment filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43). 4. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
5. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
6. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2266. Information Considered. [Repealed]
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52)
§2267. Recommendation Hearing. [Repealed]
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, 3042, 3063.5, 3063.6, and 5076.1, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (b) filed 9-21-78 as an emergency; designated effective 9-25-78. Filed in the week of Register 78, No. 38, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
3. Certificate of Compliance filed 12-29-78 (Register 78, No. 52).
4. Amendment of subsection (d) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
5. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2268. Initial Parole Hearing.
Note • History
(a) Decision. At the conclusion of the hearing the prisoner shall receive a copy of the proposed decision. If the panel's decision is to grant parole, the proposed decision shall state the period of confinement established, the conditions which must be met in order to be released after serving that period of confinement and the consequences of a failure to meet such conditions. If the panel decision is to deny parole, the proposed decision shall state that parole has been denied.
(b) Multiple Year Denials. In cases in which the panel may deny a subsequent parole hearing for more than one year, it shall utilize the criteria specified in sections 2281 or 2402 as applicable. It shall make specific written findings stating the bases for the decision to defer the subsequent suitability hearing for two, three, four, or five years. If the board defers a hearing for five years, the prisoner's central file shall be reviewed by a deputy commissioner within three years, at which time the deputy commissioner may direct that a hearing be held within one year if the inmate has been disciplinary free and programming in accordance with board direction since the last hearing. The board shall notify the prisoner in writing of the deputy commissioner's decision.
(c) Review. All proposed decisions shall be reviewed as provided in Section 2041. If the decision is approved or modified without a new hearing, the board shall send a copy of the decision to the prisoner within 20 days of the hearing. If a decision to deny parole is approved, the approved decision shall include the panel's reasons for the denial of parole, activities which might be of benefit during imprisonment, and when the prisoner can expect to have another parole consideration hearing. If the decision is disapproved and vacated, a copy of the disapproved decision and the reasons for ordering a new hearing shall be sent to the prisoner within 30 days.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7 and 5076.1, Penal Code.
HISTORY
1. Amendment of subsections (a) and (c) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsections (b), (d) and (e) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Amendment of subsection (a) filed 7-31-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 31).
4. Certificate of Compliance filed 10-27-78 as to 7-21-78 emergency amendment of subsections (b), (d) and (e) (Register 78, No. 43).
5. Amendment of subsection (e) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
6. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsections (a)-(d) and relettering of subsection (e) to subsection (a) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Repealer of subsection (a) designation only (no text change) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Designation of subsection (a), new subsection (b), designation and amendment of subsection (c) and amendment of Note filed 3-14-95 as an emergency; operative 3-14-95 (Register 95, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-14-95 order, including amendment of subsection (a), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
Note • History
(a) General. At this hearing the hearing panel shall determine whether a previously set parole date should be advanced because of the prisoner's conduct in prison or any change in circumstances under the criteria in Section 2290.
(b) Scheduling. This hearing shall be scheduled by department staff according to the following schedule:
(1) If the parole date is less than 10 months from the date of the last parole consideration hearing, no progress hearing shall be scheduled.
(2) If the parole date is between 10 and 14 months of the date of the last parole consideration hearing, the progress hearing shall be scheduled during the sixth month after the parole consideration hearing.
(3) If the parole date is between 14 and 18 months of the date of the last parole consideration hearing, the progress hearing shall be scheduled during the ninth month after the parole consideration hearing.
(4) If the parole date is between 18 and 26 months from the date of the last parole consideration hearing, the progress hearing shall be scheduled during the twelfth month after the parole consideration hearing.
(5) If the parole date is between 26 and 34 months of the date of the last parole consideration hearing, the progress hearing shall be scheduled during the eighteenth month after the parole consideration hearing.
(6) If the parole date is between 34 and 50 months of the date of the last parole consideration hearing, the progress hearing shall be scheduled during the twenty-fourth month after the parole consideration hearing.
(7) If the parole date is 50 months or more from the date of the last parole consideration hearing, the progress hearing shall be scheduled during the thirty-sixth month after the parole consideration hearing.
(8) Any time department or board staff believes an earlier parole date would be appropriate the case may be placed on the miscellaneous proceedings calendar with documentation of the reasons for requesting a progress hearing. The board may deny the request or order a progress hearing scheduled.
(c) Prisoner Rights. The prisoner shall have the rights specified in Sections 2245-2255 and the right to have a department representative present at the hearing. The record of the hearing shall be a verbatim transcript.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041, 3041.5 and 5076.1, Penal Code; In re Stanley (1976) 54 Cal.App.3d 1030.
HISTORY
1. Amendment of subsections (a), (c) and (d) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Editorial correction (Register 79, No. 38).
4. Amendment of subsection (c) filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6).
5. Amendment of subsection (c) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
6. Repealer of subsection (b) and relettering of subsections (c) and (d) to (b) and (c) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2269.1. Documentation Hearings.
Note • History
(a) General. All life prisoners shall have hearings prior to the minimum eligible parole date.
(1) At these hearings the panel shall review the prisoner's activities and conduct considering the criteria in §§ 2290 and 2410 and document activities and conduct pertinent to granting or withholding postconviction credit. When the board establishes a parole date the panel shall consider this information and determine whether to grant or withhold postconviction credit for time served prior to the date of the hearing at which parole is granted. Once the parole date is established, these prisoners shall have progress hearings as provided in § 2269.
(2) In order to identify potential cases of Battered Woman Syndrome (BWS), the deputy commissioner or commissioner conducting a documentation hearing shall refer any case to the executive officer in which the prisoner appears to have suffered the effects of BWS as defined in § 2000(b). The purpose of the investigation is to determine whether it appears the criminal behavior was the result of that victimization.
(b) Panel. This hearing shall be conducted by a one person panel and the panel member shall be a commissioner or deputy commissioner.
(c) Scheduling. This hearing shall be scheduled by department staff. The documentation hearing shall be held during the 36th month after the life term starts (See §§ 2289 and 2411(c)). Time during which service of the life term is tolled because the prisoner is serving a determinate term shall not be included in determining the scheduling of documentation hearings.
NOTE
Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sections 3040, 3041, 3041.5, 4801 and 5076.1, Penal Code; and In re Stanley (1975) 54 Cal.App.3d 1030.
HISTORY
1. New section filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
2. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment of subsections (a) and (b) filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
4. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
5. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No.5).
6. Amendment splitting former subsection (a) into subsections (a)-(a)(1), new subsection (a)(2), and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
8. Amendment of section and Note filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
§2270. Subsequent Parole Hearing.
Note • History
(a) General. At this hearing each prisoner who was previously denied parole shall be reconsidered for parole in the same manner as at the initial parole hearing. The hearing panel shall consider the same information considered at the initial parole hearing and any information developed since the last hearing (Sections 2281-2291).
(b) Panel. This hearing is conducted by a panel of three, at least two of whom shall be commissioners. At least one person on the new panel shall have been present at the last parole consideration hearing unless it is not feasible to do so.
(c) Scheduling. This hearing shall be scheduled as provided in Penal Code Section 3041.5.
(d) Multiple Year Denials. In cases in which the panel may deny a subsequent parole hearing for more than one year, it shall utilize the criteria specified in sections 2281 or 2402 as applicable. It shall make specific written findings stating the bases for the decision to defer the subsequent suitability hearing for two, three, four, or five years. If the board defers a hearing for five years, the prisoner's central file shall be reviewed by a deputy commissioner within three years, at which time the deputy commissioner may direct that a hearing be held within one year if the inmate has been disciplinary free and programming in accordance with board direction since the last hearing. The board shall notify the prisoner in writing of the deputy commissioner's decision.
(e) Prisoner Hearing Rights. The prisoner shall have the rights specified in Sections 2245-2256. Notice of the hearing shall be given as soon as possible, but no later than 7 days before the hearing. The record of the hearing shall be a verbatim transcript.
(f) Prisoner Post Hearing Rights. The prisoner shall have the rights specified in Section 2268. Notice of the hearing shall be given as soon as possible, but no later than 7 days before the hearing. The record of the hearing shall be a verbatim transcript.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7, 3042, 5075, and 5076.1, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsections (a) and (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsection (e) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
4. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
5. Amendment of subsection (c) filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
6. Amendment of subsection (e) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
7. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
8. New subsection (d), subsection relettering and amendment of Note filed 3-14-95 as an emergency; operative 3-14-95 (Register 95, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-14-95 order, including amendment of subsections (e)-(f), transmitted to OAL 7-11-95 and filed 8-22-95 (Register 95, No. 34).
§2271. Parole Consideration for Nonlife 1168 Prisoners.
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of Section 2271 and renumbering of Section 2272 to Section 2271 filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29). For history of former Section 2272, see Register 78, No. 14.
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
5. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
6. Repealer of subsections (b) and (e), and relettering of subsections (c) and (d) to subsections (b) and (c) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
7. Repealer filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
§2272. Hearings for Prisoners with New Criminal or Disciplinary Charges Pending.
Note • History
(a) Initial Parole Hearing and Subsequent Parole Hearing. A prisoner with new criminal or disciplinary charges pending prior to the initial parole hearing or subsequent parole hearing shall be scheduled for the hearing as provided in this article. If it is determined during the course of the hearing that a decision regarding parole cannot be made because of the pending charges, the hearing panel shall continue the hearing. Department staff shall place the case on the miscellaneous proceedings calendar every 90 days from the date of the originally scheduled hearing with a report of the status of the case. Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.
(b) Progress Hearing. Department staff shall postpone the progress hearing of any prisoner who has new criminal or serious disciplinary charges pending immediately prior to a regularly scheduled progress hearing. Department staff shall place the case on the miscellaneous proceedings calendar every 90 days from the date of the originally scheduled hearing including a report of the status of the case. Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041 and 3041.5, Penal Code.
HISTORY
1. Renumbering of Section 2273 to Section 2272 filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
§2273. Hearings for Prisoners with Changes in Legal Status.
Note • History
Changes in legal status include: a final court decision altering the prisoner's commitment status, modification of the judgment or abstract of judgment, and new commitments.
(a) Before Initial Parole Hearing. The change in legal status shall be considered at the initial parole hearing as regularly scheduled or as would be scheduled by the change in legal status.
(b) After Initial Parole Hearing. If a prisoner's legal status changes after the initial parole hearing, department staff shall immediately schedule the prisoner for a progress or subsequent parole hearing as appropriate.
(c) New Commitment. If a prisoner with a previously established parole date receives a new commitment to state prison the parole date shall be rescinded. No hearing or other board action is required. The department shall record the rescission of the parole date on the grounds that the prisoner has received a new commitment. The prisoner may appeal the rescission only on the grounds that he is not the person sentenced to state prison by the new judgment.
If the new commitment is for a life sentence, the prisoner shall be scheduled for a documentation hearing during the 36th month after commencement of the life term (§ 2269.1) and a parole consideration hearing during the 13th month prior to the new minimum eligible parole date (§ 2268(c)).
If the new commitment is for an indeterminate sentence, the prisoner shall be scheduled for a parole consideration hearing one month before the minimum eligible parole date for the new commitment offense or within 120 days if the M.E.P.D. is within 120 days of receipt of the new commitment (§ 2304).
If the new commitment is for a determinate term, the parole consideration hearing shall be conducted within 60 days of receipt of the new commitment.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041, 3041.5 and 3041.7, Penal Code.
HISTORY
1. Renumbering of Section 2274 to Section 2273 filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. New subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Amendment of subsection (c) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
4. Amendment of subsection (c) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
5. Amendment of subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
§2274. Adult Authority Parole Dates.
Note • History
A life prisoner who has a parole date set by the Adult Authority which is within sixty days of a scheduled parole consideration hearing under this article shall not have a parole hearing. The prisoner shall be released on the parole date set by the Adult Authority or earlier if an advancement is granted under § 2359.
If a panel advances an Adult Authority parole date to within sixty days of the parole consideration hearing, the prisoner shall be released on the Adult Authority date as advanced.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. New section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
§2275. Implementation of Penal Code Section 3000.1.
Note • History
(a) General. As required by Penal Code section 3000.1, when parole is revoked for any prisoner sentenced under Penal Code section 1168 for any offense of first or second degree murder with a maximum term of life imprisonment, the prisoner shall be given a hearing as provided in Penal Code sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole.
(b) Panel. This hearing shall be conducted by a two person panel comprised of one commissioner and one deputy commissioner.
(c) Disposition. At this hearing, the panel shall release the prisoner within one year of the date of the revocation, unless it determines that the circumstances and gravity of the parole violation are such that consideration of the public safety requires a more lengthy period of incarceration, or unless there is a new prison commitment following a conviction. If the panel concludes that a more lengthy period of incarceration is warranted, then notwithstanding the provisions of paragraph (2) of subdivision (b) of section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is otherwise ineligible for parole release.
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2, Penal Code. Reference: Section 3000.1, Penal Code.
HISTORY
1. New section filed 10-6-2006 as an emergency; operative 10-6-2006 (Register 2006, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-5-2007 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2007, No. 41).
3. New section filed 1-17-2008 as an emergency; operative 1-17-2008 (Register 2008, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-2008 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-17-2008 order transmitted to OAL 5-14-2008 and filed 6-23-2008 (Register 2008, No. 26).
Article 5. Parole Consideration Criteria and Guidelines for Life Prisoners
Note • History
A life prisoner shall be considered for parole for the first time at the initial parole consideration hearing. At this hearing, a parole date shall be denied if the prisoner is found to be unsuitable for parole under § 2281(c). A parole date shall be set if the prisoner is found to be suitable for parole under § 2281(d). A parole date set under this article shall be set in a manner that provides uniform terms for offenses of similar gravity and magnitude in respect to the threat to the public. In setting the parole date, the panel shall consider the Sentencing Rules for the Superior Courts as they specifically relate to life prisoners. The panel shall also consider the criteria and guidelines set forth in this article for determining the suitability for parole and the setting of parole dates, considering the number of victims of the crime for which the prisoner was sentenced and any other circumstances in mitigation or aggravation.
NOTE
Authority cited for Article 5 (Sections 2280-2292): Section 5076.2, Penal Code. Reference: Section 3041, Penal Code.
HISTORY
1. Repealer of Article 5 (Sections 2280-2297) and new Article 5 (Sections 2280-2292) filed 7-31-78 as an emergency; effective upon filing. Certificate of Compliance included (Register 78, No. 31). For history of former Article 8, see Registers 78, No. 14, and 77, No. 44.
2. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
§2281. Determination of Suitability.
Note • History
(a) General. The panel shall first determine whether a prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
(b) Information Considered. All relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's: social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.
(c) Circumstances Tending to Show Unsuitability. The following circumstances each tend to indicate unsuitability for release. These circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate unsuitability include:
(1) Commitment Offense. The prisoner committed the offense in an especially heinous, atrocious or cruel manner. The factors to be considered include:
(A) Multiple victims were attacked, injured or killed in the same or separate incidents.
(B) The offense was carried out in a dispassionate and calculated manner, such as an execution-style murder.
(C) The victim was abused, defiled or mutilated during or after the offense.
(D) The offense was carried out in a manner which demonstrates an exceptionally callous disregard for human suffering.
(E) The motive for the crime is inexplicable or very trivial in relation to the offense.
(2) Previous Record of Violence. The prisoner on previous occasions inflicted or attempted to inflict serious injury on a victim, particularly if the prisoner demonstrated serious assaultive behavior at an early age.
(3) Unstable Social History. The prisoner has a history of unstable or tumultuous relationships with others.
(4) Sadistic Sexual Offenses. The prisoner has previously sexually assaulted another in a manner calculated to inflict unusual pain or fear upon the victim.
(5) Psychological Factors. The prisoner has a lengthy history of severe mental problems related to the offense.
(6) Institutional Behavior. The prisoner has engaged in serious misconduct in prison or jail.
(d) Circumstances Tending to Show Suitability. The following circumstances each tend to show that the prisoner is suitable for release. The circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate suitability include:
(1) No Juvenile Record. The prisoner does not have a record of assaulting others as a juvenile or committing crimes with a potential of personal harm to victims.
(2) Stable Social History. The prisoner has experienced reasonably stable relationships with others.
(3) Signs of Remorse. The prisoner performed acts which tend to indicate the presence of remorse, such as attempting to repair the damage, seeking help for or relieving suffering of the victim, or the prisoner has given indications that he understands the nature and magnitude of the offense.
(4) Motivation for Crime. The prisoner committed his crime as the result of significant stress in his life, especially if the stress had built over a long period of time.
(5) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(6) Lack of Criminal History. The prisoner lacks any significant history of violent crime.
(7) Age. The prisoner's present age reduces the probability of recidivism.
(8) Understanding and Plans for Future. The prisoner has made realistic plans for release or has developed marketable skills that can be put to use upon release.
(9) Institutional Behavior. Institutional activities indicate an enhanced ability to function within the law upon release.
NOTE
Authority cited: Sections 3041, 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 4801, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 6-28-79; effective thirtieth day thereafter (Register 79, No. 26).
2. Amendment of subsection (d)(7) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
3. New subsection (d)(5), subsection renumbering, and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
Note • History
(a) General. The panel shall set a base term for each life prisoner who is found suitable for parole. The base term shall be established solely on the gravity of the base offense, taking into account all of the circumstances of that crime. The base offense is the most serious of all life offenses for which the prisoner has been committed to prison.
The base term shall be established by utilizing the appropriate matrix of base terms provided in this section for the base offense of which the prisoner was convicted. The panel shall determine the category most closely related to the circumstances of the crime. The panel shall impose the middle base term reflected in the matrix unless the panel finds circumstances in aggravation or mitigation.
If the panel finds circumstances in aggravation or in mitigation as provided in § 2283 or 2284, the panel may impose the upper or lower base term provided in the matrix, stating the specific reason for imposing such a term. A base term other than the upper, middle or lower base term provided in the matrix may be imposed by the panel if justified by the particular facts of the individual case.
(b) Matrix of Base Terms for First Degree Murder.
(c) Matrix for Kidnapping for Robbery or Ransom.
(d) Matrix for Other Life Crimes.
In considering crimes for which no matrix is provided, the panel shall impose a base term by comparison to offenses of similar gravity and magnitude in respect to the threat to the public, and shall consider any relevant Judicial Council rules and sentencing information as well as any circumstances in aggravation or mitigation of the crime.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, Penal Code.
HISTORY
1. Amendment of subsection (b), Categories II and IV, filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
§2283. Circumstances in Aggravation of the Base Term.
(a) General. The panel shall impose the upper base term or another term longer than the middle base term upon a finding of aggravating circumstances. Circumstances in aggravation of the base term for any life crime include:
(1) The crime involved some factors described in the appropriate matrix in a category higher on either axis than the categories chosen as most closely related to the crime;
(2) The victim was particularly vulnerable due to age or physical or mental condition;
(3) The prisoner occupied a position of leadership or dominance over other participants in the commission of the crime, or the prisoner induced others to participate in the commission of the crime;
(4) The prisoner has a history of criminal behavior for which the term is not being enhanced under Section 2286;
(5) During the commission of the crime the prisoner had a clear opportunity to cease but instead continued;
(6) The prisoner has engaged in other reliably documented criminal conduct which was an integral part of the crime for which the prisoner is currently committed to prison;
(7) The prisoner had a special relationship of confidence and trust with the victim, such as that of employee-employer;
(8) The manner in which the crime was committed created a potential for serious injury to persons other than the victim of the crime;
(9) The prisoner was on probation or parole or was in custody or had escaped from custody at the time the crime was committed.
(b) Specific Circumstances in Aggravation of First Degree Murder (Penal Code Section 187) Include:
(1) The murder was wanton and apparently senseless in that it was committed after another crime occurred and served no purpose in completing that crime;
(2) The corpse was abused, mutilated or defiled;
(3) The prisoner went to great lengths to hide the body or to avoid detection;
(4) The murder was committed to preclude testimony of potential or actual witnesses during a trial or criminal investigation;
(5) The murder was committed to prevent discovery of another crime;
(6) The murder was committed by a destructive device or explosive; (7) There were multiple victims for which the term is not being enhanced under § 2286;
(c) Specific Circumstances in Aggravation of Kidnapping for Robbery or Ransom (Penal Code Section 209) Include:
(1) The incident involved multiple victims;
(2) The property or ransom taken or which the prisoner attempted to take had a value of $25,000 or more;
(3) The kidnapping posed a threat to the public order, such as victim was a public official;
(d) Specific Circumstances in Aggravation of Other Life Crimes. The hearing panel shall consider any specific factors in aggravation, including those established by the Judicial Council, as they may pertain to setting parole dates for these offenses.
§2284. Circumstances in Mitigation of the Base Term.
Note • History
(a) General. The panel shall impose the lower base term or another term shorter than the middle base term upon a finding of mitigating circumstances. Circumstances in mitigation of the base term for any life crime include:
(1) The crime involved some factors described in the appropriate matrix in a category lower on either axis than the categories chosen as most closely related to the crime;
(2) The prisoner participated in the crime under partially excusable circumstances which do not amount to a legal defense;
(3) The prisoner had no apparent predisposition to commit the crime but was induced by others to participate in its commission;
(4) The prisoner tried to help the victim or sought aid after the commission of the crime or tried to dissuade the crime partner from committing other offenses;
(5) The prisoner has a minimal or no history of criminal behavior;
(6) The prisoner was a passive participant or played a minor role in the commission of the crime;
(7) The crime was committed during or due to an unusual situation unlikely to reoccur;
(8) The crime was committed during a brief period of extreme mental or emotional trauma.
(9) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(b) Specific Circumstances in Mitigation of Life Crimes. The hearing panel shall consider any specific factors in mitigation, including those established by the Judicial Council, as they may pertain to setting parole dates for these offenses.
NOTE
Authority cited: Sections 3041, 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 4801, Penal Code.
HISTORY
1. New subsection (a)(9) and new Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
§2285. Additional Term for the Use of a Firearm.
The panel shall impose a specific enhancement of two years if the prisoner personally used a firearm in the commission of any life crime unless the panel states specific reasons for not adding the enhancement.
§2286. Additional Terms for Other Offenses.
Note • History
(a) General. The panel shall impose enhancements as provided in this section.
If the panel finds circumstances in aggravation or mitigation as provided in §§ 2287 or 2288, the panel may impose a higher or lower enhancement, or may impose no enhancement, if the panel states the specific reasons for doing so.
(b) Multiple Commitments. An enhancement should be added to the base term if the prisoner has been committed to prison for more than one offense, regardless of whether the sentences are to be served concurrently or consecutively with the life sentence or each other.
(1) Nonlife Offenses. Except as provided in (3) below, in adding enhancements for nonlife offenses, the panel should be guided by Penal Code Section 1170.1. The panel shall select a principal term and subordinate terms based on the nonlife offenses and add the total term to the term established for the life offense. The term for the nonlife offense shall be the term in effect at the time the prisoner committed the offense.
(2) Life Sentence Offenses. The enhancement for each life sentence offense in addition to the base term should be seven years.
(3) Nonlife 1168 Offenses. The enhancement for each nonlife 1168 offense should be six months.
(c) Prior Felony Convictions. An enhancement should be added to the base term for prior felony convictions as specified in this subsection, regardless of whether the prior felony conviction or prison term was pled and proven. The panel may add less than the determinate enhancement if the prior felony conviction or prison term was not pled and proven. In adding enhancements under this subsection, the panel should consider the date of the prior conviction and the length of time between release from custody and subsequent convictions if the prisoner has never been placed in custody. The period of confinement shall not be increased for convictions or prior prison terms resulting from convictions that have been reversed in court or pardoned by the executive.
(1) Prior Prison Terms. In adding enhancements for prior prison terms the panel should be guided by the determinate enhancements for prior prison terms.
(2) Prior Felony Convictions With Probation. An enhancement of six months should be added for each prior felony conviction for which the prisoner was granted probation.
(d) Additional Term for Disciplinary Offenses. The panel may impose a specific enhancement for serious disciplinary offenses which occurred since arrival in prison but before a parole date is granted. Only disciplinary offenses which might have resulted in rescission proceedings after a parole date had been granted as specified in § 2451 may be considered for enhancing the total period of confinement. Serious disciplinaries which occur after a parole date has been granted may increase the total period of confinement only after rescission proceedings (see Chapter 4).
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, Penal Code.
HISTORY
1. New subsection (c) filed 8-18-78 as an emergency; designated effective 8-21-78. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
3. Amendment of Footnote 2 in subsection (b) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
5. Amendment of subsections (b) and (c) filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6).
§2287. Circumstances in Aggravation of the Additional Term for Other Crimes.
Circumstances which may justify imposition of a term for another crime higher than that suggested in Section 2286 include:
(a) Pattern of Violence. A victim was seriously injured or killed in the course of the other crime, or there was a substantial likelihood of serious injury or death resulting from the acts of the prisoner.
(b) Numerous Crimes. The other crime was part of a series of crimes which occurred during a single period of time, show a pattern of similar conduct, and resulted in convictions, but have not resulted in enhancement under Section 2286.
(c) Crimes of Increasing Seriousness. The other crime, when considered with the principal crime, indicates a significant pattern of increasingly serious criminal conduct.
(d) Independent Criminal Activity. The other crime and its objective were independent of the life crime or the other crime was committed at a different time and place, indicating a significant pattern of criminal behavior rather than a single period of aberrant behavior.
(e) Status. The prisoner was on probation or parole or was in custody or had escaped from custody when the crime was committed.
(f) Other. The other crime involved any of the circumstances in aggravation enumerated in the Sentencing Rules for the Superior Courts.
§2288. Circumstances in Mitigation of the Additional Term for Other Crimes.
Circumstances which may justify imposition of a term for another crime lower than that suggested in Section 2286, or which may justify imposition of no enhancement, include:
(a) Minor Punishment for Other Crime. The period of incarceration imposed for the other crime as a condition of probation or as the sentence for the other crime is equal to or less than the additional term provided by Section 2286.
(b) Successful Completion of Probation or Parole. The prisoner's performance on probation or parole for the other crime was good, and the prisoner was free of criminal convictions for a reasonable period of time following probation or parole.
(c) Insignificant Prior Record. The other crime is unrelated to the principal offense in time, or in the kind of criminal conduct involved, or in the apparent motivation or cause of the criminal conduct indicating an insignificant pattern of criminal behavior.
(d) Probation. The prisoner was granted probation after conviction of the other offense.
(e) Other. The other crime involved any of the circumstances in mitigation enumerated in the Sentencing Rules for the Superior Courts.
§2289. Fixing a Parole Date: Computation.
The terms set for the life crime, specific enhancements, and other crimes shall be added together resulting in a total life term. Any preprison credit shall be deducted (see Sections 2342-2344) from and any time at large shall be added to the total life term. The adjusted life term shall be added to the reception date for the life crime.
The reception date is the date the prisoner was received for the life crime under Penal Code Section 2900 or 1203.2a. If the prisoner was serving a nonlife term at the time of sentencing for the life crime the reception date is the date the prisoner was returned from court with the new life term. If the prisoner was serving a life term at the time of sentencing for another life crime, the reception date is the date the prisoner was received for the original life crime under Penal Code Section 2900 or 1203.2a.
If the time already served by the prisoner exceeds the term set pursuant to this article, the panel's order shall read “Prisoner to be released upon time already served,” and the prisoner shall be released in accordance with Article 9 of this chapter.
Note • History
(a) General. Life prisoners may earn postconviction credit for each year spent in state prison. Postconviction credit for time served prior to the hearing at which a parole date is established shall be considered at that parole consideration hearing. Thereafter, postconviction credit for time served since the last hearing shall be considered at progressive hearings. In no case may postconviction credit advance a release date earlier than the minimum eligible parole date. Provided, however, postconviction credits which would advance the parole release date to less than 180 days from the date of the hearing shall not be granted unless or until the parole review authority of the Governor is exercised pursuant to Penal Code section 3041.1.
(b) Amount of Credit. Postconviction credit shall be granted to life prisoners in a manner which allows similar amounts of time to prisoners in similar circumstances.
The suggested amount of postconviction credit is 4 months for each year served since the date the life term started. The board may grant more or less than 4 months annual postconviction credit when the prisoner's performance, participation or behavior warrants such adjustment of credit. Less than 4 months credit may be granted if the prisoner fails to meet the general expectations set forth in Section 2290(c). More than 4 months credit may be granted if the prisoner demonstrates exceptional performance in a work assignment, exceptional participation in self-help or rehabilitative programs,or other exemplary conduct. If a panel grants more than 4 months of postconviction credit at an annual hearing, the case shall be reviewed as provided in Sections 2041-2043.
(c) Criteria. In determining the amount of postconviction credit to be granted, the panel shall consider the following:
(1) Performance in Institutional Work Assignments. All life prisoners are presumed to work and to perform satisfactorily in work assignments (see CDC Rules 3040 and 3041). Lack of a work assignment shall not necessarily prevent the granting of postconviction credit. The panel shall consider the nature and availability of work assignments at the institution, the prisoner's custody status, and any other impediments to the prisoner's receiving a work assignment.
(2) Participation in Self-help and Rehabilitative Programs. All life prisoners are presumed to participate in programs for self development (refer to CDC Rules 3040 and 3041). Lack of program participation shall not necessarily prevent the granting of postconviction credit. The panel shall consider the nature and availability of programs at the institution, the prisoner's custody status, and any other impediments to the prisoner's participation in programs.
(3) Behavior in the Institutional Setting. All life prisoners are presumed to behave in a disciplinary-free manner, in accordance with state law and departmental regulations (refer to CDC Rules 3000-3021). However, a minor disciplinary offense shall not necessarily prevent the granting of postconviction credit.
(d) Credit Not Granted. No annual postconviction credit shall be granted in the case of any prisoner who commits serious or numerous infractions of departmental regulations, violates any state law, or engages in other conduct which could result in rescission of a parole date (see Section 2451), unless the panel finds evidence in mitigation and supports such finding with a statement of its reasoning. Consistent unsatisfactory performance in work assignments, consistent failure to engage in program participation, or consistent overall negative behavior demonstrated by numerous minor disciplinary reports may, individually or cumulatively, justify the withholding of annual postconviction credit which otherwise could have been granted.
(e) Change in Parole Date. Once postconviction credit is granted for a particular year of imprisonment, the credit shall be applied to any new term established after rescission or reconviction after a reversal.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3041, Penal Code. In re Stanley, 54 Cal.App.3d 1030 (1976).
HISTORY
1. Amendment of subsection (a) filed 8-18-78 as an emergency; designated effective 8-21-78. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 10-27-78 (Register 78, No 43).
3. Editorial correction in placement of history notes (Register 78, No. 43).
4. Repealer of subsection (a)(1) and amendment of subsection (b)(1) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
5. New subsection (e) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
6. Amendment of subsections (a) and (b) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
7. Amendment of subsection (d) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
8. Amendment of subsection (a) and Note filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
9. Editorial correction of subsection (e) (Register 95, No. 45).
New crimes committed by the prisoner shall be dealt with in accordance with Section 2286.
Note • History
(a) General. All life prisoners committed to state prison for crime(s) committed prior to July 1, 1977 shall be heard in accordance with rules in effect prior to 7/1/77. All life prisoners heard after the effective date of these regulations, who have been committed to state prison for crime(s) committed after 7/1/77, shall be heard in accordance with this article.
(b) No Parole Date Was Set Prior to July 1, 1977. The hearing panel shall deny parole or set a parole date as provided in Sections 2281-2290.
(c) Parole Date Was Set Prior to July 1, 1977. The hearing panel shall deny parole or set a parole date as provided in Sections 2281-2290 as though no parole date had been set previously. If the parole date is earlier than a parole date set before the effective date of these regulations, the date set under these regulations is the controlling parole date. If the parole date is later than the previous date, the previous date is the controlling parole date.
Postconviction Credit. In determining the amount of postconviction credit appropriate for a prisoner's conduct during a specified period of time, the panel shall apply the guidelines under which the parole date was originally established. For example, a prisoner who had a parole date established under guidelines in effect prior to July 1, 1977 shall be considered for postconviction credit under the guidelines in effect prior to July 1, 1977. Any credit granted under those guidelines shall advance the parole date established under those guidelines. If a prisoner also has a parole date established under Section 2282 the panel shall determine the amount of credit applicable under Section 2290, and that credit shall be deducted from the parole date established under Section 2282.
(d) Parole Violators. Life prisoners whose paroles were revoked prior to July 1, 1977, shall have parole dates set as provided in subsections (1) and (2) of this section:
(1) Returned to Finish Term. The hearing panel shall set a parole date as provided in Sections 2281-2290. The life crime shall be the base crime. The parole violation that resulted in the return to prison shall be considered as an adjustment for postconviction factors and may increase the period of confinement for the life crime by an amount of time the hearing panel determines to be appropriate for the particular violation. If after application of preprison credit and at-large time, the base period of confinement life term expires prior to commission of the offenses resulting in the violation, the prisoner will be paroled effective 60 days after the hearing.
(2) With New Term.
(A) Life Sentence. If the new term includes a life sentence, the hearing panel should discharge the original life term and deny parole or set a parole date for the new life sentence adding time for any nonlife commitments as multiple commitment offenses pursuant to Sections 2281-2290. The action to discharge the original term shall be to set a parole date on the original life term effective 60 days after the date of the hearing and to waive parole on the original life term.
(B) Nonlife Sentence. If the new term includes only nonlife sentences the hearing panel shall first consider whether to discharge the original life sentence. In making this determination the panel shall consider: the date on which the prisoner was originally received on the life crime, the length of time the prisoner served prior to parole on the life crime, the length of the term for the new nonlife commitments, the length of time the prisoner served on parole prior to committing the new crime and the prisoner's parole adjustment. If the prisoner served a lengthy term prior to release on parole or has a new nonlife term that will extend three or more years beyond the period of confinement that could be set for the life crime the panel may discharge the original life term by setting a parole date on the life crime to be sixty days after the hearing and waiving parole on the life crime. The prisoner will then have an 1170.2(a) DSL release date calculated and ISL parole hearings.
If the panel determines that the original life sentence should not be discharged, the panel shall set a parole date and may use the life crime as the base crime and making adjustments for the new crimes. In determining an appropriate adjustment for the new crime the panel shall follow the suggested terms in Section 2286. If, after the application of pre-prison credit, the term on the life crime expires prior to the commission of the new crimes, the decision at the parole hearing will be deemed a discharge on the original life term, effective 60 days after the hearing and the prisoner will have an 1170.2(a) DSL release date calculated and ISL parole hearings on the ISL crimes. If the term on the life crime does not expire prior to the commission of the new crimes, the prisoner remains a life prisoner and the parole date set at the parole hearing shall be the parole date as provided in subsections (b) and (c) above.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code; In re Stanley, 54 Cal. App. 3d 1030 (1976); and In re Stanworth, 33 Cal. App. 3d 176 (1976).
HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. New subsection (e) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
3. Amendment of subsection (c) and repealer of subsection (e) filed 8-12-82; effective thirtieth day thereafter 82, No. 33).
4. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
Article 6. Parole Consideration Procedures for ISL Prisoners
All ISL prisoners shall be considered for parole pursuant to the procedures in this article. ISL prisoners with new criminal or disciplinary charges pending shall be scheduled as provided in Section 2307. ISL prisoners with changes in legal status shall be scheduled as provided in Section 2308.
ISL prisoners shall also have a DSL release date calculated as provided in Chapter 2, Article 3. Actual release on parole shall occur on the ISL parole date as calculated in this article or the DSL release date, whichever occurs first. Until actual release, the prisoner is entitled to the ISL parole consideration hearings described in this article.
§2301. Information Considered.
Note • History
At all parole consideration hearings described in this article, the hearing panel shall consider the information described in Sections 2232-2235.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041 and 5076.1, Penal Code.
HISTORY
1. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Note • History
At all parole consideration hearings described in this article the prisoner shall have the rights specified in Sections 2245-2255. The record of the hearing shall be a tape recording.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2 (c), Penal Code.
HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
§2304. Initial Parole Hearing.
(a) General. At this hearing the prisoner shall be considered for parole for the first time. The hearing panel shall first determine whether the prisoner is unsuitable for parole under the criteria in Section 2316. If the prisoner is found unsuitable, parole shall be denied, and a written statement of the specific factual reasons for the denial shall be given to the prisoner. The hearing panel may recommend to the prisoner what steps may be undertaken to enhance the possibility of a grant of parole at a future hearing.
If a prisoner is found suitable for parole, a tentative parole date shall be set as provided in Sections 2318-2328 utilizing the factors of Section 2317 and the ranges of Section 2329.
(b) Scheduling. The initial parole hearing shall be scheduled as follows:
(1) MEPD within 120 days.
A prisoner whose MEPD is within 120 days of reception shall be scheduled within 120 days of reception.
(2) MEPD over 120 Days.
A prisoner whose MEPD is more than 120 days after reception shall be scheduled one month before the MEPD.
Note • History
(a) General. At this hearing the hearing panel shall determine whether a previously set parole date should be advanced due to the prisoner's conduct in prison or any change in circumstances as provided in § 2324(b). The reasons for advancing or not advancing the parole date shall be documented by the hearing panel.
(b) Scheduling. The hearing shall be scheduled by department staff according to the following schedule:
(1) If the parole date is within 9 months of the date of the last parole consideration hearing, no progress hearing shall be scheduled.
(2) If the parole date is between 10 and 14 months of the date of the last parole consideration hearing, this hearing shall be scheduled during the fourth month prior to the parole date.
(3) If the parole date is 15 months or more of the date of the last parole consideration hearing, this hearing shall be scheduled at the twelfth month after the hearing at which the parole date was set and annually thereafter.
(4) Any time department staff feels an earlier parole date would be appropriate, department staff shall place the case on the institutional miscellaneous proceedings calendar with documentation of the reasons for requesting the progress hearing. The board may deny the department request or may order a progress hearing scheduled.
(5) A progress hearing shall not be scheduled for a prisoner with an ISL parole date which is later than a confirmed DSL release date if the maximum advancement that could be granted at the progress hearing (4 months per year) plus a 60-day advancement would not result in advancing the ISL parole date to a date earlier than the DSL release date.
If department staff believes that the prisoner may warrant an advancement of more than 4 months, the case may be placed on the miscellaneous proceedings calendar for review.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Stanley, 54 Cal.App.3d 1030 (1976) and Section 1170.2, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. New subsection (b)(5) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
3. Amendment of subsection (b) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
§2306. Subsequent Parole Hearing.
History
(a) General. At this hearing each prisoner who was previously denied parole shall be reconsidered for parole in the same manner as at the initial parole hearing. The hearing panel shall consider the information developed since the last hearing applying the criteria of Sections 2316-2317.
(b) Scheduling. This hearing shall be scheduled 12 months after the most recent hearing and annually thereafter.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2307. Hearing for Prisoners with New Criminal or Disciplinary Charges Pending.
Note • History
Department staff shall postpone the parole consideration hearing of any prisoner who has new criminal or serious disciplinary charges (see Director's Rule 3315) pending immediately prior to a regularly scheduled hearing. Department staff shall place the case on the miscellaneous proceedings calendar every 90 days from the date of the originally scheduled hearing including a report of the status of the case. Following conclusion of the criminal or disciplinary charges, the case shall be scheduled for the next regular calendar.
NOTE
Authority cited; Section 5076.2, Penal Code. Reference: Section 1170.2, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6).
§2308. Hearings for Prisoners with Changes in Legal Status.
Note • History
Changes in legal status include: a final court decision altering the prisoner's commitment status, modification of the judgment or abstract of judgment, and new commitments.
(a) Before Initial Parole Hearing. If a prisoner's legal status changes before the initial parole hearing, the change in legal status shall be considered at the initial parole hearing as regularly scheduled or as would be scheduled considering the change in legal status.
(b) After Initial Parole Hearing. If a prisoner's legal status changes after the initial parole hearing, department staff shall immediately schedule the prisoner for a progress or subsequent parole hearing as appropriate.
(c) New Commitment. If a prisoner with a previously established parole date receives a new commitment to state prison the parole date shall be rescinded. No hearing or other board action is required. The department shall record the rescission of the parole date on the grounds that the prisoner has received a new commitment. The prisoner may appeal the rescission only on the grounds that he is not the person sentenced to state prison by the new judgment.
If the new commitment is for a life sentence, the prisoner shall be scheduled for a documentation hearing during the 36th month after commencement of the life term (§ 2269.1) and a parole consideration hearing during the 13th month prior to the new minimum eligible parole date (§ 2268(c)).
If the new commitment is for an indeterminate sentence, the prisoner shall be scheduled for a parole consideration hearing one month before the minimum eligible parole date for the new commitment offense or within 120 days if the M.E.P.D. is within 120 days of receipt of the new commitment (§ 2304).
If the new commitment is for a determinate term, the parole consideration hearing shall be conducted within 60 days of receipt of the new commitment unless no parole consideration hearing is required under §2310.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. New subsection (c) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (c) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
3. Amendment of subsection (c) filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
§2309. Hearings for Prisoners with Confirmed 1170.2 Release Dates.
Note • History
Any ISL prisoner who has a confirmed 1170.2(a) release date which will occur less than 60 days after a scheduled ISL parole hearing will be removed from the ISL calendar and released on this 1170.2(a) release date. An 1170.2(a) release date is confirmed when the calculation of the determinate term has been signed by three commissioners or deputy commissioners of the board.
If the prisoner may have a special or particular parole plan which could warrant the advancement of the ISL date to a date earlier than his DSL date the case shall be placed on the miscellaneous proceedings calendar. The board will review the case to determine if a progress hearing is warranted.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2, 5075 and 5076.1, Penal Code.
HISTORY
1. New section filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
§2310. Hearings for Prisoners Serving ISL and DSL Terms.
Note • History
(a) General. Prisoners serving both ISL and DSL terms shall have an ISL parole consideration hearing only if the board could set an ISL parole date that would result in a release earlier than the release date calculated under Penal Code Section 1170.2. If an ISL parole consideration hearing is required, it shall be held as provided in Section 2304. At the ISL parole consideration hearing the panel will set a period of confinement for the ISL sentence only, disregarding any crimes for which the prisoner received a determinate sentence.
(b) Concurrent ISL and DSL Terms. A prisoner serving concurrent ISL and DSL terms shall be scheduled for an ISL parole consideration hearing only if the minimum DSL release date on the ISL term is:
(1) later than the DSL release date on the DSL term and
(2) more than sixty days later than the MEPD on the ISL term.
(c) Consecutive ISL and DSL Terms. A prisoner serving consecutive ISL and DSL terms shall be scheduled for an ISL parole consideration hearing only if the minimum DSL release date on the combined ISL and DSL terms is:
(1) later than the DSL release date on the DSL term considered alone (as if it were concurrent) and
(2) more than 60 days later than the earliest eligible parole date computed by adding the MEPD on the ISL term and the minimum DSL on the DSL term standing alone.
If a prisoner who was not scheduled for a hearing loses good time credit the earliest eligible release date, combined DSL release date and DSL release date on the DSL term shall be recalculated. The prisoner shall be scheduled for a hearing only if the requirements of (1) and (2) above are met. The hearing shall be held within two months of the loss of good time credit.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2, Penal Code.
HISTORY
1. New section filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (a) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
Article 7. Parole Consideration Criteria and Guidelines for ISL Prisoners
In considering an ISL prisoner for parole, the hearing panel shall consider the criteria and be guided by the ranges suggested in this article in setting a parole date.
Applying the criteria in 2316, the hearing panel shall first determine whether the prisoner is unsuitable for parole. If the prisoner is found unsuitable, parole shall be denied.
If the prisoner is found suitable for parole, the hearing panel shall consider the criteria in 2317 to determine the total period of confinement. The hearing panel shall determine the period of confinement following the procedures in 2318-2328.
§2316. Unsuitability Criteria.
In determining whether an ISL prisoner is unsuitable for parole the hearing panel shall consider factors which affect the severity of the offense and the risk of danger to society if the prisoner were released. Examples of factors indicating the prisoner is unsuitable for parole include:
(a) A history of violent attacks.
(b) A history of forcible sexual attacks on others.
(c) A persistent pattern of criminal behavior and a failure to demonstrate evidence of a substantial change for the better.
(d) The presence of a psychiatric or psychological condition related to the prisoner's criminality which creates a high likelihood that new serious crimes will be committed if released.
§2317. Fixing a Parole Date: Criteria.
Note • History
(a) General. If the prisoner is found suitable for parole, in setting a parole date the hearing panel shall consider the seriousness of the offense and any relevant criteria described in the sentencing rules the Judicial Council may issue.
(b) Specific Aggravating Factors. Aggravating circumstances are those which relate solely to the commitment offense and tend to increase the seriousness of the offense. Examples of specific aggravating circumstances by offense include:
(1) Homicide.
(A) Multiple victims.
(B) Method of killing vicious in nature where suffering is deliberately inflicted.
(2) Violence against a Person.
(A) Extent of injury, such as injury which caused permanent loss of body organ or limb; created long standing serious medical or psychiatric problems; or required extensive hospitalization.
(B) Manner of infliction, such as a vicious assault continuing after victim incapacitated or prolonged torture.
(C) Injury to peace officer intended to prevent performance of his duty.
(3) Sexual Offenses.
(A) Physical harm, such as injuries which required hospitalization or extensive medical treatment or injuries which were inflicted beyond accomplishing sexual act.
(B) Psychological harm, such as a victim forced to participate in front of family or friends; lack of concern for unusual condition of victim such as age, pregnancy, or physical disability; or the offense was committed in a manner that might increase the likelihood of psychological harm.
(4) Property Crimes with Threat to Persons.
(A) Extent of force or threat, such as force or threat exceeded what was necessary to accomplish act or force or threats continued after property was acquired.
(B) Systematic in nature, such as the planning indicates the crime was a part of a larger criminal scheme or organization; the crime was part of a large scale effort to disrupt business or safety; or the crime was done for hire.
(5) Crimes Against Property.
(A) Harm to victim, such as a victim left destitute or suffers substantial losses; a victim physically or sexually abused in course of offense.
(B) Systematic in nature, such as when the crime is part of a complex scheme or criminal network or is repeatedly practiced on unsophisticated victims.
(6) Weapons Offenses. Potential for harm, such as bringing a weapon into an institution by a person with privileged access; bringing a weapon into an institution as part of a plan for escape or injury; possession or manufacture of bombs or weapons by an organization planning injury or destruction; or possession of a firearm by an ex-felon where the circumstances indicate the great likelihood of further criminal use or actual criminal use.
(7) Drugs. Size and scope of operation, such as an extensive volume of drugs or the manufacture of drugs with professional chemical equipment.
(8) Family Offenses.
(A) Act resulted in prolonged hospitalization, deformity, or disfigurement.
(B) Act was repeated over a prolonged period of time.
(C) Victim was totally defenseless.
(D) Other family members forced to witness abuse.
(9) Escape Offenses. Extent of violence or threat used to effect escape.
(10) Miscellaneous Offenses. Harm and scope of operation such as perjury meant to seriously injure another's life or liberty; the act seriously undermines the integrity of the governmental process or faith therein or otherwise is an abuse of a fiduciary position; a conspiracy as part of a large scale criminal operation.
(c) Specific Mitigating Circumstances. Mitigating factors are those which relate solely to the commitment offense and which tend to lessen the seriousness of the offense, including circumstances in mitigation which do not amount to a full legal defense.
Examples of mitigating circumstances by offense include:
(1) Violence (including homicide).
(A) Provocation by victim such as verbal threats by victim or physical harassment by victim.
(B) Elements of self-defense, for example the victim was armed or had a great physical advantage.
(C) Motivation such as whether the violence was not foreseeable or was due to unique circumstances not likely to recur.
(D) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(2) Property Offenses.
(A) Economic need not likely to recur.
(B) Relatively small actual losses involved.
(C) Any restitution made.
(3) Escape.
(A) Escapee has been threatened or assaulted or is in fear for his life.
(B) Escapee's family has been assaulted or threatened and escapee fears for their safety.
NOTE
Authority cited: Sections 3041, 3052 and 5076.2(a), Penal Code. Reference: Sections 3041 and 4801, Penal Code.
HISTORY
1. Amendment of subsection (b)(4) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. New subsection (c)(1)(D) and new Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
§2318. Fixing a Parole Date: Procedure.
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
History
(a) Total Period of Confinement. The total period of confinement is the full length of imprisonment established by the board on all crimes for which a prisoner was committed to prison without application of preprison credit. The total period of confinement may be increased after a rescission hearing or decreased after a progress hearing. The total period of confinement shall be established by adding the base period of confinement and the adjustments.
(b) Base Crime. The base crime is the current commitment crime, or if there are multiple commitment crimes, the one designated by the hearing panel as the most serious.
(c) Base Period of Confinement. The base period of confinement is that portion of the total period of confinement which reflects the seriousness of the base crime.
(d) Adjustments. Adjustments are any periods of time added to or subtracted from the base period of confinement which increase or decrease the total period of confinement for the factors specified in § 2321-2324.
HISTORY
1. Amendment of subsection (d) filed 10-27-77 as an emergency. Certificate of Compliance included (Register 77, No. 44).
§2320. Base Period of Confinement.
The base period of confinement shall be established solely on the gravity of the base crime as determined by the hearing panel, taking into account all of the circumstances of that crime (§ 2317).
(a) Base Crime. The hearing panel shall determine the base crime, which shall be the most serious of the commitment crimes.
(b) “Typical” or “Aggravated.” The hearing panel shall consider the factors of § 2317 in determining whether the base crime was typical or aggravated. Characterization of a base crime as typical or aggravated shall be based solely on the seriousness of the base crime. The hearing panel shall list specific, factual reasons for characterizing a crime as typical or aggravated.
(c) Set Base Period of Confinement. Once the crime has been characterized as typical or aggravated, the hearing panel may use the range suggested for that crime in § 2329 as a guideline in setting the base period of confinement.
(d) Reasons. The specific, factual reasons for establishing the base period of confinement shall be documented by the hearing panel.
History
(a) Reasons. The specific, factual reasons for making any adjustment in the total period of confinement for the factors enumerated in § 2322-2324 shall be given in writing by the hearing panel.
HISTORY
1. Repealer of subsection (a) and relettering of subsection (b) to subsection (a) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2322. Adjustments for Preconviction Factors.
Note • History
(a) Criminal History. The prisoner's criminal history may increase the total period of confinement, but if the criminal history is old (the prisoner was released from federal, state or local custody after conviction of a felony and not returned to federal, state or local custody for a period of five years from the date of release) the criminal history shall not be used to adjust the total period of confinement unless the conduct which resulted in the criminal history forms a pattern with the current commitment crimes. The period of confinement shall not be increased for convictions, or prior prison terms resulting from convictions, that have been reversed in court or pardoned by the executive. When old criminal history is used to extend the total period of confinement, the hearing panel shall document the pattern of conduct.
Criminal history falls into four categories, each of which is mutually exclusive. Types of criminal history which shall be considered are:
(1) Prior Prison Terms. Felony convictions which were so serious that they resulted in a prison sentence shall be given the greatest weight. A prior prison term is one for which the prisoner was committed to prison and paroled or discharged or may be a prison term that has not been discharged if a prisoner is convicted of new crimes during his commitment for other crimes. A previous commitment to prison for several crimes shall be treated as a single prison term. Prior prison terms include any conviction in a state or federal court which resulted in the individual's having actually served a prison term in any state or federal prison for an offense which would be a felony in California or previous commitments to the Department of Corrections where the prisoner was released on parole and returned as a parole violator with new term.
Each prison term shall be evaluated for the seriousness of the conduct which resulted in the prison term to determine whether it warrants increasing the total period of confinement.
(2) Prior Felony Convictions Pled and Proven. Prior felony convictions which did not result in a prison term, but which were pled and proven as part of the current sentence to prison are usually given lesser weight than prior prison terms.
(3) Other Convictions. Other criminal conduct which resulted in conviction, but did not result in a prison term and was not pled and proven as part of the present sentence to prison is usually given least weight.
(4) Lack of Criminal History. A complete lack of or very minor criminal history may reduce the total period of confinement.
(b) Other Preconviction Factors. Other preconviction factors may also affect the total period of confinement. Examples of other preconviction factors include the prisoner's personal and social history, family and marital history, employment history, intelligence and education, skills already acquired and physical and emotional health.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2, 3041, and 3060, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsection (a) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
§2323. Adjustments for Commitment Factors.
Note • History
(a) Multiple Crimes. The total period of confinement may be increased for multiple crimes. Multiple crimes are crimes in addition to the base crime which resulted in commitment to prison and occurred prior to arrival in prison. If the prisoner had been in prison prior to the current commitment, multiple crimes are crimes which were committed after the most recent release from prison. Any increase in the total period of confinement shall be commensurate with the severity of the crime.
(b) Sentencing Status. The total period of confinement may be increased or decreased because of the prisoner's sentencing status. A consecutive sentence to prison imposed by the court under Penal Code # 669 or required by statute may be interpreted as a recommendation for severity and the total period of confinement may be increased. A sentence for a youthful offender under Penal Code # 1202b may be interpreted as a recommendation for leniency by the committing court and the total period of confinement may be decreased. In making any adjustment for a prisoner's sentencing status, the hearing panel shall give consideration to any statements made by the committing court under Penal Code # 1203.01, 3022 or 3042.
These adjustments to the parole date may occur in addition to the effect the sentence has on the prisoner's minimum or maximum term and minimum eligible parole date.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
§2324. Adjustments for Postconviction Factors.
Note • History
(a) Prison Crimes. The hearing panel may increase the total period of confinement for crimes which occurred in prison.
(1) Court Convictions: New Prison Commitment. The parole date for these offenses shall be established as provided in § 2328.
(2) Court Conviction: No New Prison Commitment. The total period of confinement may be increased for court convictions which did not result in a new prison commitment and which occurred since arrival in prison but before a parole date is granted.
Court convictions which occur after a parole date is granted may increase the total period of confinement only after rescission proceedings. See Chapter 4.
(3) Disciplinary Offenses. The total period of confinement may be increased for serious disciplinary offenses which occurred since arrival in prison but before a parole date is granted. Only disciplinary offenses which might have resulted in rescission proceedings after a parole date has been granted shall affect the total period of confinement. These offenses are specified in § 2451. Serious disciplinary offenses which occur after a parole date is granted may increase the total period of confinement only after rescission proceedings. See Chapter 4.
(b) Other Postconviction Factors. The total period of confinement may be decreased for other postconviction factors. Factors that may reduce the period of confinement include:
(1) Achievement of significant skills which substantially reduce the likelihood that new crimes will be committed.
(2) Significant improvement in self-control, such as may be demonstrated over a period of time by good conduct, good work habits, and good relationships with others.
(3) Outstanding work performance.
(4) Acceptance of new responsibilities indicating an increased ability to lead a crime-free life.
(5) Assistance in maintaining prison order.
(6) Constructive use of leisure time.
(7) Support from the community as demonstrated by visits and assistance from members of the community.
(8) Unusual service to the community.
(9) Positive efforts to develop community resources.
(10) Cell study and other academic achievement.
(11) Voluntary work assignments.
(12) Significant participation and demonstrated progress in psychiatric or self-improvement programs.
(13) Substantial gains in alleviating the personal condition which caused the crime.
(14) Changes in circumstances such as elimination of or substantial change in the personal, economic or social factors involved in the crime or change in the circumstances or environment into which the prisoner is to be released.
(c) Amount and Criteria. The criteria for earning credit and the amount of credit to be granted are specified in § 2290(b)-(d).
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2 and 3041, Penal Code. In re Stanley, 54 Cal.App.3d 1030 (1976).
HISTORY
1. Amendment of subsection (b) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. New subsection (c) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
The use or possession of weapons may increase the total period of confinement. If the circumstances of the crime indicate the use or possession of weapons in the base offense, this factor shall be considered in fixing the base period of confinement, or in fixing the adjustment for the multiple crime under § 2323(a) if the weapon was used in a crime which results in a multiple crime adjustment.
If the use or possession of weapons has resulted in a separate consecutive sentence, the total period of confinement may also be increased because of consecutive sentence under § 2323(b).
§2326. Criminal Charges Not Resulting in a Prison Sentence.
(a) No Conviction. Criminal charges not resulting in conviction (charges which resulted in acquittal or dismissal for any reason) shall not affect the parole date unless the factual circumstances surrounding the charge are reliably documented and are an integral part of the crime for which the prisoner is currently committed to prison.
(b) Conviction. Criminal charges resulting in conviction but not commitment to prison (such as convictions upon which sentencing was suspended or stayed) may be considered as part of the individual's criminal history (see § 2322(a)) or as an integral part of the circumstances of an offense for which the prisoner is currently committed to prison.
§2327. Fixing a Parole Date: Computation.
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Any time a prisoner is committed to prison for a crime committed while in prison or while an escapee, a parole date shall be calculated as follows:
(a) New Crimes. A period of confinement shall be determined as provided in § 2318-2326 for the new crime. No adjustment shall be made for the earlier crime except as provided under subsection (c) below.
(b) Earlier Crimes. The period of confinement which would have been served for the earlier crimes shall be calculated as provided in § 2318-2326 and documented. The time actually served on the earlier crimes shall be deducted from this period of confinement. The time which has not yet been served shall be referred to as the “remaining portion.”
(c) New Period of Confinement. The remaining portion of the earlier crime shall be added to the period of confinement set for the new crime under subsection (a) to arrive at the total period of confinement for the new crime. The period of confinement for the new crime begins upon the expiration of the period of confinement for the earlier crime.
If the remaining portion of the earlier crime is less than the time that would have been added if the earlier crime were a prior prison term, the hearing panel shall make an adjustment equal to the prior prison term adjustment.
Note • History
In determining the base period of confinement, the hearing panel shall assess the individual's culpability for the crime as appropriate under the facts and circumstances of each individual case. The following ranges are suggested for two purposes:
(1) to give the prisoner and the public a general idea of how much time might be served in average cases for a variety of common offenses; and
(2) as general guidelines only which may be utilized by hearing panels as aids in determining an individual's actual base period of confinement. The suggested ranges are general guides only. Less serious crimes of a particular type shall be set below the suggested ranges as appropriate under the facts and circumstances of each case down to the minimum term or minimum eligible parole date. More serious crimes of a particular type shall be set above the suggested ranges up to the maximum, as appropriate under the facts and circumstances of each case.
The total period of confinement may be higher or lower than these ranges after adjustment for other relevant factors.
SUGGESTED RANGES
PAROLE (mos)
Base Period
Typical Aggravated
(a) Homicide.
(1) Murder 2nd (187, 20mos, 5-life) (36-84)
(2) Att Murder (644/187, 6mo, 6mo-20) (38-44) (45-60)
(3) M/S (vol) (192.1, 6mo, 6mo-15) (31-42) (43-48)
(4) M/S (invol) (192.2, 6mo, 6mo-15) (24-36) (37-42)
(5) Att M/S (664/192.2, 6mo, 6mo-71/2) (20-24) (25-30)
(6) M/S (by auto) (192.3, 6mo, 6mo-5) (18-22) (23-30)
(b) Violence Against a Person.
More Serious
(1) Administer Poison (216, 40mo, 10-life) (40-46) (47-72)
(2) Pose as Kidnapper (210, 20mo,5-life) (30-38) (39-44)
(3) ADW on Police Officer/Fireman by Ex
-Felon (245 (b), 20 mo,5-life) (30-38) (39-44)
(Prior to 9/17/65 6mo, 6mo-15)
(4) Hostage (4503, 20mo, 5-life) (30-38) (39-44)
(5) Attempt of above (644/_,6mo,6mo-20) (28-36) (37-38)
Serious (18-32) (33-38)
(6) Kidnapping (207, 1yr, 1yr-25)
(7) Assault w/intent to Commit Rape, etc. (220,
1yr, 1yr-20)
(8) ADW or Assault w/Force Likely to Produce
GBI (245(a), 6mo, 6mo-life)
(Prior to 11/23/70 6mo, 6mo-10)
(9) Assault w/intent to Commit Murder (217,
1yr, 1-14)
(10) ADW on Police Officer/Fireman 245(b),
6mo, 6mo-life)
(9/17/65-11/23/70, 6mo, 6-15)
(Prior to 9/17/65, 6mo, 6mo-10)
(11) Child Stealing (278, 6mo, 6mo-20)
(12) Assault by Prisoner Serving Less Than Life
(4501, 1yr, 3-life)
(13) Attempt of above (664/__, 6mo, 6mo-1/2 max
or 6mo-20 if max life) (20-28) (29-36)
Less Serious (18-30) (31-38)
(14) Mayhem (203, 6mo, 6mo-14)
(15) Assault to Commit Felony not in Sec. 220
(221, 6mo, 6mo-15)
(16) Battery on Police Officer/Fireman (243, 1yr, 1yr-10)
(17) Assault w/Caustic Chemical (244, 1yr, 1yr-14)
(18) Assault w/Deadly Weapon
(245(a), 6mo, 6mo-14) Note: charged
as Lesser Included Offense of 217 (245(a).6mo. 6mo-14)
(19) Attempt of above (664/__,
6mo, 6mo-1/2 max) (18-24) (25-30)
Note: References to Penal Code sections in 2329 are to Penal Code sections as they existed prior to July 1, 1977 under the ISL.
Least Serious (18-24) (25-32)
(20) False Imprisonment (236, 1yr, 1yr-10)
(21) Assault Against Police Officer/Fireman
(240, 6mo, 6mo-2)
(22) Battery w/Serious Injury (243, 6mo, 6mo-5)
(23) Discharge Firearm at Inhab Dwelling (246,
1yr, 1yr-5)
(24) Battery on Non-Prisoner by Prisoner
(4501.5, 1yr, 1yr-3)
(25) Fail to Render Aid after Accident (20001
VC, 1yr, 1yr-5)
(26) Drunk Drive Causing Bodily Injury (23101
VC, 1yr, 1yr-5)
(27) Drive Under Infl. Drugs Causing Bodily Injury
(23106 VC, 1yr,1yr-5)
(28) Attempt of above (664/__, 6mo, 6mo-1/2 max) (16-22) (23-28)
(c) Sexual Offenses.
More Serious
(1) Rape w/Great Bodily Injury 264, 5yr, 15-life)
(60-73) (74-82)
(2) Aid Rape w/Force (264.1, 20mo, 5-life)
(f.286.1, 20mo, 5-life) (20-38) (39-44)
(3) Aid Sodomy w/ Force (286(d), 20mo, 5-life)
(f.286.1, 20mo, 5-life)
(4) Aid Oral Copulation w/Force (288a(d), 20mo, 5-life)
(f. 288b, 20mo, 5-life)
(5) Attempt of above (664/__, 6mo, 6mo-20) (28-36) (37-42)
Serious (20-48) (49-60)
(6) Rape w/Force or Threat (261(2)(3), 1yr, 3-
life)
(7) Sodomy under 14 & over 10 yrs older or by
Force (286(c), 1yr, 3-life) (f.286,1yr, 1-life)
(8) L&L, Child Under 14 (288, 1yr, 1-life)
(9) Oral Copulation under 14 & over 10 yrs older,
or by force, violence,etc.,
(288a(c), 1yr, 3-life)
(f.288a, 1yr, 3-15)
(10) Attempt of above (664/__, 6mo, 6mo-20) (24-32) (33-38)
Less Serious (12-24) (25-30)
(11) Sodomy in Jail or Prison 286(e), 6mo, 6mo-5)
(12) Oral Cop in Jail or Prison 288a(e), 6mo, 6mo-5)
(13) Seduce for Prostitution 266, 6mo, 6mo-5)
(14) Abduct for Prostitution (267, 6mo, 6mo-5)
(15) Place Wife in House of Prostitution (266g,
1yr, 3-10)
(16) Pimping (266h, 1yr, 1-10)
(17) Pandering (266i, 1yr, 1-10)
(18) Incest (285, 1yr, 1-50)
(19) Sodomy under 18 (286(b), 6mo, 6mo-5)
(f.286, 1yr, 1yr-life)
(20) Oral Cop under 18, (288a(b), 6mo, 6mo-5)
(f.288a, 6mo, 6mo-15)
(21) Indecent Exposure w/Like or 288 Prior
(314(l), 1yr, 1yr-5)
(22) Unlawful Sex Intercourse (261.5, 6mo, 6mo-50)
(f.261.1, 6mo, 6mo-50)
(23) Annoy Child w/Like or 288 Prior (647a, 1yr, 1yr-5)
(24) Attempt of above (664/__, 6mo, 6mo-1/2 max
or
20 if life max) (12-18) (19-24)
(d) Property Crimes with Threat to Person
More Serious
(1) Robbery w/Great Bodily Injury (211, 5yr,15-life). (60-73) (74-82)
(2) Robbery 1st (211, 20mo, 5-life) (22-36) (37-42)
(3) Att. Robb 1st (664/211, 6mo,6mo-20) (22-36) (37-42)
Serious (14-30) (31-42)
(4) Arson--Burn Public Bldg. etc. (448a, 8mo, 2-20)
(5) Arson--Burn as Described by Statute (449b, 1yr,
1yr-10)
(6) Arson--Burn Dwelling, House, Etc. (447a, 8mo,
2-20)
(7) Robbery 2nd (211, 1yr, 1-life)
(8) Att Robb 2nd (664/211, 6mo, 6mo-20) (12-18) (19-30)
Less Serious (9-18) (19-30)
(or MEPD)
(9) Arson--Burn Personal Property (449a, 1yr,
1-3)
(10)Arson--Burn Insured Property (450a, 1yr,
1yr-5)
(11) Attempt to Commit Arson (451a, 6mo, 6mo-5)
(e) Weapons Offenses.
More Serious (24-32) (33-42)
(1) Bring Explosives or Firearms into Prisons or
Jail (or possession of)(4574, 1yr, 1-life)
(2) Possession of Weapon by Prisoner (4502, 1yr,
3-life)
Serious (12-24) (25-36)
(3) Possession of Firearm by Ex-Felon (Narcotic Addict)
(12021, 6mo, 6mo-15)
(4) Possession of Firearm by Ex-Felon Who used
Firearm in Prior Felony
(12560, 6mo, 6mo-15)
Less Serious (9-18) (19-30)
(or MEPD)
(5) Possession-Manufacture of Fire Bomb 452, 6mo,
6mo-5)
(6) Manufacture, Sale, Poss Blackjack, Sawed-Off
Shotgun, etc.
(12020, 1yr, 1-3)
(Prior to 1/1/76, 1yr, 1-5)
(7) Alter Marks on Firearm(12090, 1yr, 1-5)
(8) Unlawful Poss of Firearm Silencer(12520, 6mo, 6mo-3)
Additional Penalties
(9) Commit Felony Armed w/Deadly Weapon
(12022, +20mo, 5-10 CS) (12-24)
(10) Use of Firearm in Robbery, ADW, etc.
(12022.5, +20mo, 5-life CS) (12-24)
(f) Opiates. *
(1) Induce Minor(by adult)(11353, (f.11502)
5 yr, 10-life) (60-72) (73-84)
(A) w/SPC (10 yr, 10-life) (120-138) (139-156)
(B) w/2 SPC (15 yr, 15-life) (180-210) (121-240)
(2) Induce Minor (by minor) (11354 (f.11502.1)
20 mo, 5-life) (30-38) (39-44)
(A) w SPC (40mo, 10-life) (40-48) (49-54)
(3) Sell, Transport, etc. (11352,(f.11501) 20mo, 5-life) (28-42) (43-48)
(prior to 1/1/76 3yr, 5-life)
(A) w/SPC (40mo, 10-life) (40-48) (49-54)
(B) w/2 SPC (5yr, 15-life) (60-72) (73-96)
(4) Possession for Sale
(11351, (f.11500.5) 20mo, 5-15 (28-38) (39-42)
(prior to 1/1/76 30mo, 5-15
(A) w/SPC (40mo, 10-life) (40-46) (47-52)
(B) w/2 SPC (5yr, 15-life) (60-72) (73-96)
(5) Possession (11350,(f.11500) 8mo, 2-10 (18-30) (31-36)
(prior to 1/1/76 2yr, 2-10)
(A) w/SPC (20 mo, 5-20) (20-36) (37-44)
(prior to 1/1/76 5yr, 5-20) (60-68) (69-76)
(B) w“2 SPC (5yr, 15-life) (60-72) (73-96)
(6) Sell in Lieu of (11355(f. 11503) 6mo, 6-10) (12-18) (19-24)
(g) Dangerous Drugs. *
(1) Induce Viol. by Minor (11380, (f.11913)
5yr, 10-life) (60-72) (73-84)
(9/65-11/69, 6mo, 6mo-5) (12-18) (19-24)
(A) w/SPC (10yr, 10-life) (120-138) (139-156)
(9/65-11/69, 8mo,2-10) (14-20) (21-26)
(B) w/2 SPC (15yr, 15-life) (180-210) (211-240)
(2) Sell, Mfg.Transport (11379, (f.11912(, 3yr, 5-life) (36-40) (41-44)
(9/65-11/69, 6mo-5) (12-18) (19-24)
(A) w/SPC (20mo, 5-life) (38-42) (43-46)
(9/65-11/69, 8mo, 2-10) (14-20) (21-26)
(B) w/2 SPC (10yr, 10-life) (120-138) (139-156)
(3) Possession for Sale(11378 (f.11911) 2yr, 2-10) (28-32) (33-38)
(9/65-11/69, 6mo,6mo-3) (9-15) (16-24)
(A) w/SPC (3yr, 5-15) (36-42) (43-48)
(9/65-11/69, 8mo, 2-10) (14-20) (21-26)
(B) w 2 SPC (6yr, 10-life) (72-84) (85-96)
(4) Possession (11377, (f. 11910) 1yr, 1-10 (18-24) (25-32)
(A) w/ SPC (2yr, 2-20) (30-36) (37-42)
(7/17/65-11/3/68, 1yr, 1-5) (12-20) (21-28)
(5) Sell in Lieu of (11382, (f.11917) 6mo, 6mo-5) (9-15) (16-24)
(h) Marijuana. *
(1) Sale to Minor (11361, (f.11532) 5yr, 10-life) (60-72) (73-84)
(A) w/SPC (10yr, 10-life) (120-138) (139-156)
(B) w/2 (SPC 15yr, 15-life) (180-210) (211-240)
(2) Sell,Transport,Furnish (11360,(f.11531) 3yr,5-life) (36-40) (41-44)
(A) w/SPC (5yr, 5-life) (60-72) (73-84)
(B) w/2 SPC (40mp, 10-life) (72-84) (85-96)
(3) Possession for Sale (11359, (f. 11530.5) 2yr,2-10) (28-32) (33-38)
(A) w/ SPC (3yr, 5-15) (36-42) (43-48)
(B) w/2 SPC (6yr,10-life) (72-84) (85-96)
(4) Plant, Process Peyote (11363, (f. 11540) 6mo,
6mo-10) (12-18) (19-24)
(A) w/SPC 8mo, 2-10 (14-20) (21-26)
(5) Plant, Process Mari. (11358, (f.11530.9)1yr, 1-10) (18-22) (23-30)
(A) w/SPC (2yr, 2-20) (30-36) (37-42)
(B) w/ 2 SPC (5yr, 5-life) (60-72) (73-84)
(6) Possession (11357(a) 1yr, 1yr-10) (18-22) (23-32)
(prior to 1968 incld. plant, cultivate, etc)
(eff. 1/1/76, 11357(a) poss. hash,1yr, 1yr-5) (12-18) (19-24)
(A) w/SPC 2yr, (2-20) (24-30) (31-38)
(B) w/2 SPC (20mo, 5yr-life) (28-34) (35-42)
(i) Misc. Controlled Substance Viol.
(9-15) (16-22)
(or MEPD)
(1) Forgery/Alter Prescription (11368, f.11715,
6mo, 6mo-6)
(Subsequent 6mo, 6mo-10)
(2) Unlawful Write-Fill Controlled
Substance Prescription (11152, f.11162, 6mo,6mo-6)
(3) Unlawful Fill C.S. Prescription (11153,
f.11162.5, 6mo, 6mo-6)
(4) Prescribe C.S. Unlawfully (11154, f.11163,
6mo, 6mo-6)
(5) Physician Prescribe C.S. While Priv.
Suspended (11155, f.11163.5, 6mo,6mo-6)
(6) Prescribe-Administer C.S. to Addict (11156,
f.11164, 6mo, 6mo-6)
(7) Obtain C.S. by fraud (11173, f.11170, 6mo,
6mo-6)
(8) Give False Name or Address (11174, 6mo,
6mo-6)
(9) Induce Minor to Viol Prescription Law
(11371, f.11715.7, 6mo, 6mo-6)
(10) Maintaining Place (11366, f.11557, mo, 6mo-10),
w/SPC 8mo, 2-20)
(11) Forge Prescription (4390 BP Code, 1yr, 1yr-14)
(12) Bring Narc, Para, Alcohol into Jail or prison
(4573 PC, 6mo, 6mo-5)
(13) Bring Forbidden Drugs or Para. into Jail or
Prison (4573.5 PC,6mo,6mo-5)
(14) Poss. Narc, Drugs, Alcohol in Jail or Prison
(4573.6 PC, 6mo, 6mo-5)
(15) Attempt of above (664/__, 6mo, 6mo-1/2
max) (6-12) (13-18)
(j) Crimes Against Property.
More Serious
(1) Burglary w/Bodily Harm (459,5yr,15-life) (60-72) (73-96)
(2) Burglary w/Explosives (464,40mo,10-40) (40-60) (61-84)
(3) Burglary 1st (459, 20mos, 5-life) (24-30) (31-36)
(4) Attempt of above (664/_,6mo,6mo-1/2 max
or 6mo-20 if max life) (18-24) (25-36)
Serious (16-22) (23-28)
(5) Embezzlement by Public Official (424,1yr,
1yr-10)
(6) Use of Credit Card to Defraud (484g,6mo,6mo-10)
(7) Merchant Issuing Merchandise on Fraudulent
Credit Card (484h,6mo,6mo-10)
(8) Grand Theft (includes Auto and Person)
(487,6mo,6mo-10)
(9) Grand Theft Dog (487e, 6mo,6mo-10)
(10)Receiving Stolen Property (496, 6mo,6mo-10)
(11) Embezzlement (503,1yr,1yr-10)
(12) Extortion (518,1yr,1yr-10)
(13) Defraud Insurer (548,1yr,1yr-10)
(14) Falsify Records w/Intent to Defraud
(3020(b)(CC),6mo,6mo-10)**
(15) Sale of Securities without Permit (25110 (CC), 6mo,6mo-10)
(16) Sale of Securities by Fraud. Scheme
(25216(a)(CC),6mo,6mo-10)
(17) Sale of Securities by Misrepresentation
(25401 (CC),6mo,6mo-10)
(18) Violation Corporation Laws (26104 (CC) 6mo,6mo-10)
(19) Burglary 2nd (459,1yr,1yr-15)
(20) Forgery (including attempts) (470,1yr,1yr-14)
(21) Forgery, Documents, Seals (472, 1yr, 1yr-14)
(22) Fraud. Possession of Unfinished Check (475, 1yr, 1yr-14)
(23) Fictitious Check (including attempts) (476, 6mo, 6mo-14)
(24) False Evid. Register. w/intent to Defraud
(4463 VC, 6mo, 6mo-14)
(25) Non-Sufficient Funds Check (476a, 6mo,6mo-14)
(26) Counterfeit Dies and Plates (480, 1yr, 1yr-14)
(27) Forgery of Credit Card (484f, 1yr, 1yr-14)
(28) Manufacture Fraudulent Credit Card (484i, 1yr, 1yr-14)
(29) Forgery of Fictitious Name (29221 (EC), 1yr, 1yr-14)
(30) Attempt of above (664/__, 6mo, 6mo-1/2 max) (9-15) (16-22)
Less Serious (9-15) (16-22)
(or MEPD)
(31) Fraudulent Claims (72, 6mo, 6mo-5)
(32) Bookmaking (337a, 6mo, 6mo-2)
(33) Forg. Telephone Message (474, 6mo, 6mo-5)
(34) Fraudulent Possession of Completed Check
(475a, 1yr, 1yr-5) (prior to 1/1/74, 1yr, 1yr-14)
(1/1/74-1/1/75, 1yr, 1yr-10)
(35) Theft of Credit Cards (484, 6mo, 6mo-5)
(36) Injure Tele-Comm Line (591, 6mo, 6mo-5)
(37) Petit Theft w/Prior Theft (666(3), 6mo, 6mo-5)
(38) *** Petit Theft w/PFC (667, 6mo, 6mo-5)
(39) Theft of Vehicle (10851 (VC), 1yr, 1yr-5)
(40) Attempt of above (664/__, 6mo,6mo-1/2 max) (9-12) (13-15)
(k) Family Offenses.
Serious (18-22) (23-38)
(1) Willful Cruelty to Child (life or Health Endangered) (273a, 1yr, 1yr-10)
(2) Inflict Traumatic Injury on Wife (Child)
(273d, 6mo, 6mo-10)
(3) Attempt of above (664/__, 6mo, 6mo-1/2 max) (12-18) (19-24)
Less Serious (9-15) (16-20)
(or MEPD)
(4) Abortion (274, 8mo, 2-5)
(5) Abortion, Submit (275, 1yr, 1yr-5)
(6) Bigamy (281, 6mo, 6mo-10)
(7) Child Desertion (271, 6mo, 6mo-1)
(8) Failure to Provide (270, 6mo-1yr + 1 day)
(l) Escape Offenses.
More Serious (12-18) (19-22)
(1) Escape from Prison Camp w/Force
(4530(a), 2yr (per 3044), 1-Life CS)
(2) Aiding to Escape (4535, 1yr, 1-life)
(3) Attempt of above (664/__,6mo,6mo-20) (6-12) (13-18)
Serious (9-12) (13-18)
(4) Escape from Reform. (Conv. Felon) (107, 6mo, 6mo-10)
(5) Escape from County Facility With Force
(Misd Conv)
(4532(a), 6mo, 6mo-10)
(6) Escape from County Facility w/Force (Fel. Conv)
(4532(b), 6mo, 6mo-10)
(7) Assist Escape (4534, 6mo, 6mo-10)
(8) Assist Escape by Employee (4533, 6mo, 6mo-10)
(9) Attempt of above (664/__, 6mo, 6mo-5) (6-12) (13-18)
Less Serious (6-12) (13-18)
(10) Escape from Deuel Voc. Inst. (2042, 6mo, 6mo-5)
(11) Escape (or Attempt) from Civil Addict Program 3002 (WI) --, 6mo-7)
(12) Escape from Prison Camp w/out Force
(4530(b), 6mo, 6mo-5)
(prior to 9/20/63 f.4531, 2yr, 1yr-life CS)
(13) Escape from County Facility w/out Force
(Fel Conv)
(4532(b), 6mo, 6mo-5)
(14) Escape While TCR, Work Furlough
(4530(c), 6mo, 6mo-5yr)
(15) Attempt of above (664/__, 6mo, 6mo-1/2 max) (6-12) (13-15)
(16) Escape from County Facility w/out Force
(Misd Conv)
(4532(a) 6 mo-1 day) (5-8) (8-12+day)
(m) Miscellaneous Offenses.
(1) Habitual Criminal ****
(A) 644(a) 9yrs, life (108-120) (121-144)
(B) 644(b) 12yrs, life (144-156) (157-210 )
More Serious (12-18) (19-24)
(2) Bribery by Public Official or Employee (68,
1yr, 1yr-14)
(3) Bribery of a Judicial Officer or Juror (92, 1yr, 1-10)
(4) Perjury (118, 1yr, 1-14)
(5) Conspiracy to Defraud (182.4, 6mo, 6mo-10)
(6) Practice w/out Certificate (2141.5 (BP Code) 6mo, 6mo-10)
(7) Attempt of above (644/__,6mo, 6mo-1/2 max) (9-15) (16-22)
Serious (9-18) (19-24)
(8) Injure Prison or Jail (606, 6mo, 6mo-5)
(9) Felony, Where Penalty not Prescribed (18, 6mo, 6mo-5)
(10) Accessory to a Felony (32, 6mo, 6mo-5)
(11) Bribery of a Witness (138, 6mo, 6mo-5)
(12) Solicitation (653(f), 6mo, 6mo-5)
(13) Attempt to Extort Money or Property (524, 6mo, 6mo-5)
Less Serious (6-12) (13-18)
(14) Compounding a Crime where imprisonment--Life or Death
(153, 6mo, 6mo-5)
where imprisonment-- Less
(153, 6mo, 6mo-3)
(15) Criminal Conspiracy (All other conspiracies treated the same as the crime it self)
(182, 6mo, 6mo-3)
(16) Ex-Felon on Prison or Jail Grounds (4571, 6mo, 6mo-5)
PAROLE (Mos)
Base Period
(n) Prior Prison Terms.
(1) Less Serious (0-12)
(2) More Serious (12-24)
(o) Current Prison Commitments.
(1) Less Serious (0-12)
(2) More Serious (12-24)
* SPC = Specified prior conviction. Any specified prior conviction which results in the use of a higher suggested range should not be used to adjust for criminal history under § 2322
** (CC) Corporations Code
*** (Inmates convicted under this section will be treated as first termers.
**** Any prior conviction which resulted in the adjudication as an habitual criminal should not be considered as part of the criminal history under § 2322.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. New subsections (n) and (o) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (l ) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
3. Editorial correction of subsections (i)-(j) (Register 95, No. 42).
Article 8. Preprison Credit
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03, 2900, 2900.1, 2900.5, 4019, Penal Code; and People v. Sage, 26 Cal.3d 498 (1980), modified 27 Cal.3d 144a.
HISTORY
1. Repealer of Article 8 (Sections 2340-2346) and new Article 8 (Sections 2340-2345) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22). For prior history, see Registers 79, No. 52; 78, No. 14; and 77, No. 44.
2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2341. Types of Preprison Credit.
Note
(a) Custody Credit. As used in this article, “custody credit” refers to credit granted pursuant to
(1) Penal Code Section 2900.5;
(2) Penal Code Section 4019;
(3) Penal Code Section 1203.03 for time actually served in custody;
(4) Penal Code Section 2900.1.
(b) Sage Credit. As used in this article, “Sage credit” refers to credit granted pursuant to People v. Sage (1980), 26 Cal.3d 498, as modified 27 Cal.3d 144a. Sage held that equal protection requires good time credit for time served in county jail prior to sentencing to state prison, for time spent in county jail from and after July 1, 1977 only.
(c) Outpatient Credit. As used in this article, “outpatient credit” refers to credit granted pursuant to former Penal Code Section 1203.03(g) for time served as an outpatient from the California Rehabilitation Center.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03 (repealed eff. 1-1-77), 2900, 2900.1, 2900.5, 4019, Penal Code; and People v. Sage (1980) 26 Cal.3d 144a.
§2342. Application of Preprison Custody Credit to ISL, Nonlife 1168 and Life Prisoner Parole Dates.
Note
(a) Single Offense. All preprison custody credit attributable to the base offense shall be deducted from the base period of confinement computed under Sections 2282, 2320 or 2403.
(b) Multiple Offenses. Preprison custody credit shall be deducted from the base period of confinement and the multiple crime adjustment. Preprison custody credit shall not be deducted from any other adjustment.
(1) No Overlapping Preprison Credit. Preprison custody credit attributable only to the base offense shall be deducted from the base period of confinement computed under Sections 2282, 2320, or 2403. Preprison custody credit attributable only to multiple crimes shall be deducted from the multiple crime adjustment computed under Sections 2286(a), 2323(a), or 2407. Preprison custody credit in excess of the base period of confinement or the multiple crime adjustment shall be deducted from the parole period.
(2) Preprison Credit Overlaps Base and Multiple Crimes. Preprison custody credit attributable both to the base offense and to multiple crimes shall be deducted from the base period of confinement computed under Sections 2282, 2320, or 2403. Any preprison custody credit in excess of the base period of confinement shall be deducted from the multiple crime adjustment computed under Sections 2286(a), 2323(a), 2407 for each multiple crime to which the preprison credit is attributable. Preprison custody credit in excess of the base period of confinement or the multiple crime adjustment shall be deducted from the parole period.
(3) Preprison Credit Overlaps Among Multiple Crimes Only. Preprison custody credit attributable to multiple crimes shall be deducted from the adjustments computed under Sections 2286, 2323(a), 2407 beginning with the adjustment for the earliest crime and deducting any remaining preprison credit from the adjustments following the chronological order of the crimes.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03, 2900.1, 2900.5, 4019, Penal Code. In re Sosa, 102 Cal.App.3d 1002 (1980).
§2343. Application of Preprison Credit to ISL Sentence.
Note
Preprison custody and outpatient credit shall be deducted from the minimum term, MEPD, and primary term fixed under any previous regulation.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 2900.5 and former Section 1203.03(g) (repealed eff. 1-1-77), Penal Code.
§2344. Application of Preprison Credit to DSL Release Date Calculated Under Penal Code Section 1170.2.
Note • History
(a) Single DSL Sentence. All preprison custody and Sage credit shall be deducted from the DSL release date including enhancements for arming, use, or great bodily injury.
(b) Concurrent DSL Sentences. All preprison custody and Sage credit which is attributable to the offense which results in the controlling DSL release date shall be deducted from the DSL release date for that offense. In determining the controlling DSL release date all preprison custody and Sage credit attributable to each offense shall be deducted from the term for that offense.
(c) Consecutive DSL Sentences.
(1) No Overlapping Preprison Credit. All preprison custody and Sage credit attributable to the DSL principal term crime shall be deducted from that term. All preprison custody and Sage credit attributable to any consecutive crime shall be deducted from the DSL subordinate term computed under Section 2150(c).
(2) Preprison Credit Overlaps DSL Principal Term and DSL Subordinate Term. Preprison custody and Sage credit attributable both to the principal term crime and to any subordinate term crime shall be deducted from the principal term. Any preprison custody and Sage credit in excess of the principal term shall be deducted from each subordinate term to which the preprison custody and Sage credit is attributable. Preprison custody credit in excess of the principal term and the subordinate term shall be credited deducted from the parole period.
(3) Preprison Credit Overlaps Among Subordinate Terms Only. Preprison custody and Sage credit attributable to subordinate terms shall be deducted from the subordinate terms to which it is attributable.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03, 2900.1, 2900.5, and 4019, Penal Code. In re Ballard (1981) 115 Cal.App.3d 647; In re Sosa (1980) 102 Cal.App.3d 1002; and People v. Sage (1980) 26 Cal.3d 498, as modified 27 Cal.3d 144a.
HISTORY
1. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
Note
If any custody credit remains after deducting it from the offense to which it applies, the remaining credit shall be deducted from the parole period.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Sosa (1980) 102 Cal.App.3d 1002; In re Ballard (1981) 115 Cal.App.3d 647.
Article 9. Release
Release on parole is the actual transfer of a prisoner confined in prison to parole supervision in the community. Actual release on parole for a life, nonlife 1168 or ISL prisoner shall occur when all the provisions of these rules and any applicable department regulations have been met. No prisoner who has been scheduled for rescission proceedings shall be released until the termination of the rescission proceedings.
§2356. Notification of Notice and Conditions of Parole.
History
Prior to release on parole, the prisoner shall be given the notice and conditions of parole by department staff. The notice and conditions shall be provided in Spanish upon request of the prisoner.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2357. Release to Holds of Other Jurisdictions.
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2358. Release Upon Approved Parole Plan (RUAPP).
History
HISTORY
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2359. Parole Date Advancement.
Note • History
A life or nonlife 1168 prisoner or an ISL prisoner who is to be released on his ISL parole date may be released at any time up to 60 days before the parole date if all of the following conditions are met:
(a) The actual parole date is not earlier than the prisoner's minimum eligible parole date.
(b) There are no unresolved legal or administrative prohibitions to release such as pending rescission proceedings.
(c) Any conditions upon which the parole date has been specifically conditioned have been fully met.
(d) Department staff has in writing authorized the earlier release based on such factors as employment opportunities, special programs, family emergency or hardship, or release to a hold or for deportation.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3042 and 5076.1, Penal Code.
HISTORY
1. Repealer of subsection (e) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
Article 10. Multijurisdiction Regulations
§2365. Hearing Rights: General.
History
At all hearings the multijurisdiction prisoner shall have the rights enumerated in this article. Additional rights applicable to specific hearings are covered in the sections dealing with those hearings. The prisoner is responsible for bringing to the attention of the hearing panel any issues pertaining to his rights and any failure to comply with these rules. A multijurisdiction prisoner may waive any of these rights and any such waiver shall be documented in the record.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2366. Multijurisdiction Prisoners Located in California: Rights.
Multijurisdiction prisoners located in California shall have the rights enumerated in Sections 2245-2255.
§2367. Multijurisdiction Prisoners Located Outside California: Rights.
Note • History
Multijurisdiction prisoners located outside California shall have the following rights:
(a) Notice. A prisoner shall be notified of the week during which the hearing shall be held, as soon as possible, but no later than one month before the week during which the hearing will be held, unless different provisions are made in the section dealing with a specific hearing. As soon as possible but no later than two weeks in advance of the hearing, a prisoner or parolee shall be notified of the specific date of the hearing. Department staff shall provide notification of the hearing.
(b) Attorney. A prisoner shall be entitled to the assistance of a California attorney at telephone hearings (see subsection (d) below) in all cases where the prisoner would be entitled to the assistance of an attorney if the hearing were to be held in California and the prisoner could personally appear before the board.
(c) Disclosure. A prisoner is entitled to review nonconfidential documents in the department central file. The department is responsible for establishing the procedures for such review. A prisoner is responsible for complying with the department procedures for review of the documents. A prisoner shall have the opportunity to enter a written response to any material in the file.
A prisoner who is dissatisfied with the disclosure may appeal pursuant to department procedures. (See Title 15, California Administrative Code, Section 3003).
(d) Hearing.
(1) General. The prisoner has a right to either a telephone hearing conducted by the board at the central office calendar through the use of such telephone equipment as will permit him to participate in the entire proceeding or a hearing conducted in the other jurisdiction by officials of that jurisdiction.
(2) Determination. The prisoner shall receive a telephone hearing unless the hearing is being conducted to determine whether the individual has violated a condition of parole or engaged in conduct which may result in the rescission or postponement of a parole date; the issue has not been settled against the prisoner in a criminal prosecution; and:
(A) The prisoner has made a timely request for the presence of friendly witnesses in order to demonstrate essential facts;
(B) The factual issues involved are complex;
(C) The prisoner will have difficulty in developing or presenting the issues, or
(D) The prisoner is unable to effectively communicate due to language difficulties or physical or mental defect.
(3) WICC and ICC Prisoner Hearing Consent. A WICC or ICC prisoner's hearing shall not be held for the board by officials of the other jurisdiction unless the board at the central office calendar has requested and received the written consent of the prisoner, unless consent was previously given. Consent to any single hearing shall be deemed consent to any subsequent hearing considering the same conduct or any decision based on that conduct.
(4) Hearing Dates for WICC and ICC Prisoners. Any hearing or rehearing to which a WICC or ICC prisoner is entitled under the rules in each chapter in this division may be held no later than 120 days after the time specified in the applicable rule.
(e) Interview. At any hearing the prisoner has the right to speak on his own behalf and to ask and answer questions. A prisoner refusing to participate in a hearing shall be advised that a decision may be made without his participation. No panel shall consider information not available to the prisoner or his attorney unless the information is designated confidential (see Section 2235).
(f) Presentation of Documents. A prisoner shall have the rights specified in Section 2249. The department is responsible for establishing procedures for the presentation of documents by prisoners located outside California. The prisoner is responsible for complying with the department procedures and for submitting any documents within a sufficient time prior to the hearing date so that they may be considered by the panel.
(g) Impartial Panel. The prisoner shall have the rights specified in Section 2250.
(h) Assistance. The prisoner shall have the rights specified in Section 2251. The department is responsible for establishing procedures for providing a prisoner located outside California with appropriate assistance during the hearing.
(i) Department Representative. The prisoner shall have the rights specified in Section 2252.
(j) Continuance. The prisoner shall have the rights specified in Section 2253.(k) Record of Hearing. The prisoner shall have the rights specified in Section 2254.
(l) Written Statement of Decision. The prisoner shall have the rights specified in Section 2255.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1389.7, 3041.5, 11190 and 11193, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-14-78 as an emergency; effective upon filing (Register 78, No. 28).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
Upon notification that the board at the central office calendar has ordered a hearing for a multijurisdiction prisoner or parolee, the central office hearing coordinator shall assure that the officials of the other jurisdiction have done the following:
(a) Scheduled the hearing.
(b) Met time limits.
(c) Advised the prisoner or parolee of his rights.
(d) Screened the prisoner's or parolee's requests for witnesses, if applicable.
(e) Notified any necessary witnesses of the date, time and place of the hearing, if applicable.
(f) Disclosed all documentary and physical evidence unless designated confidential under Section 2235.
(g) Decided requests for continuances under Section 2253.
(h) Arranged necessary attorney representation, if applicable.
(i) Otherwise prepared the case for a hearing.
Note • History
At this hearing, the panel shall review the prisoner's activities and conduct considering the criteria in §§ 2290 and 2410 and document activities and conduct pertinent to granting and withholding postconviction credit. This hearing shall be conducted by a one person panel and the panel member shall be a commissioner or deputy commissioner. The hearing shall be scheduled pursuant to § 2269.1. For multijurisdiction prisoners located outside California, the hearing may be conducted over the telephone or by videoconferencing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 1389.7, 3041, 3041.5, 11190 and 11193, Penal Code.
HISTORY
1. Amendment of section heading, repealer and new section and new Note filed 6-17-2003; operative 7-17-2003 (Register 2003, No. 25).
§2370. Initial Parole Hearing: Prisoner Rights.
Note • History
(a) Multijurisdiction Prisoners Located in California. At the hearing specified in Section 2268 all multijurisdiction prisoners located in California, shall have the rights specified in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California. At the hearing specified in Section 2268, all multijurisdiction prisoners located outside California shall have the rights specified in Section 2367. The hearing shall be a telephone hearing.
(c) Record. The record of the hearing shall be a verbatim transcript.
(d) Decision. In making a decision concerning parole for multijurisdiction prisoners the hearing panel shall make one of the following decisions considering the factors enumerated:
(1) To discharge the California sentence at the minimum eligible parole date and waive parole when the crime for which the prisoner has been committed to the other jurisdiction is more serious than the California crime or when the prisoner has stronger family, social or economic ties to the other jurisdiction than he does to California.
(2) To set the California term as provided in this Chapter if the prisoner would serve substantially more time for the California crimes than for the crimes committed in the other jurisdiction, the prisoner has stronger social, family or economic ties to California or the panel determines that discharge would be inappropriate.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.2, 3041, 3041.5 and 3041.7, Penal Code.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. New subsection (d) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment of subsection (d)(2) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33)
§2371. Progress Hearing: Prisoner Rights.
History
(a) Multijurisdiction Prisoners Located in California. At the hearing specified in Section 2269, all multijurisdiction prisoners located in California shall have the rights specified in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California. At the hearing specified in Section 2269, all multijurisdiction prisoners located outside California shall have the rights specified in Section 2367. The hearing shall be a telephone hearing.
(c) Record. The record of the hearing shall be a verbatim transcript.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2372. Subsequent Parole Hearing: Prisoner Rights.
History
(a) Multijurisdiction Prisoners Located in California.
At the hearing specified in Section 2270 all multijurisdiction prisoners located in California, shall have the rights specified in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California.
At the hearing specified in Section 2270, all multijurisdiction prisoners located outside California shall have the rights specified in Section 2367. The hearing shall be a telephone hearing.
(c) Record.
The record of the hearing shall be a verbatim transcript.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2373. Nonlife 1168 and ISL Prisoners: Parole Consideration Hearing Rights.
History
(a) Multijurisdiction Prisoners Located in California. At all hearings at which a prisoner is being considered for parole, all multijurisdiction prisoners located in California shall have the rights specified in Sections 2245-2255.
(b) Multijurisdiction Prisoners Located Outside California. At all hearings at which a prisoner is being considered for parole all multijurisdiction prisoners located outside California shall have the rights specified in Section 2367. The hearing shall be a telephone hearing.
(c) Record. The record of any parole consideration hearing shall be a tape recording. Until July 1, 1978, for all multijurisdiction ISL prisoners, the record shall be a written summary of the hearing prepared at the hearing by department staff. After July 1, 1978, the record shall be a tape recording.
HISTORY
1. Repealer of former Section 2373 and renumbering of Section 2374 to Section 2373 filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24). For history of former section, see Register 77, No. 44.
Article 11. Parole Consideration Criteria and Guidelines for Murders Committed on or After November 8, 1978, and Specified Attempted Murders
Note • History
The criteria and guidelines in this article apply to prisoners sentenced to prison for first and second degree murders committed on or after November 8, 1978 and attempted murders where the perpetrator is sentenced for life pursuant to the provisions of Penal Code section 664. The guidelines in this article are based on the public's expressed intent in amending Penal Code sections 190 and 664 that a person convicted of first or second degree murder or attempted murder, as specified, should be incarcerated for an extended period of time.
The prisoner's minimum eligible parole date is established by statute. The amount of good conduct credit that a prisoner sentenced for first or second degree murder may earn to reduce the minimum eligible parole date is established by statute. (Penal Code sections 2930 et seq.) Life prisoners convicted of attempted murder do not earn these credits. The department will determine the minimum eligible parole date. The length of time a prisoner must serve prior to actual release on parole is determined by the board. The amount of postconviction credit a prisoner may earn to reduce the length of time prior to release on parole is determined by the board. This article implements Penal Code section 3041 and concerns only the board's exercise of discretion in determining whether a prisoner is suitable for parole and, if so, when the prisoner should be released on parole.
The standards for the department's action in reducing the minimum eligible parole date and the standards for the board's decision whether to reduce the period of confinement are different. The department's decisions pursuant to Penal Code sections 2930 et seq. do not affect the Board's decision concerning postconviction credit pursuant to these rules.
A prisoner committed for first or second degree murder or attempted murder shall have his or her initial parole consideration hearing as provided in §2268. The prisoner will have documentation hearings as provided in §2269.1, but no specific amount of postconviction credit will be granted until the board has established a period of confinement.
Although many of the sections in this article are the same as the sections in Article 5, they are repeated in this article to avoid confusion between the rules applicable to prisoners who committed murders on or before November 7, 1978 and these rules which apply to prisoners who committed murders on or after November 8, 1978, and those who committed specified attempted murders. The suitability criteria are the same for both groups. The guidelines for establishing the periods of confinement are different because of the change in the minimum term for first degree murder and the change from a determinate to an indeterminate term for second degree murder and attempted murder. The provisions for adjusting the terms for other offenses are also different because of the change in Penal Code section 669 which permits courts to impose sentences consecutive to life terms (Stats. 1978, Ch. 579, eff. 1/1/79).
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 182, 190, 664, 2930 et seq., 3040, 3041, 3046 and 5076.1, Penal Code.
HISTORY
1. New Article 11 (Sections 2400-2411) filed 9-8-81; effective thirtieth day thereafter (Register 81, No. 37).
2. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
3. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
4. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
5. Change without regulatory effect amending article heading and deleting the words ``first degree” where they characterized the criminal offense of attempted murder in order to conform the regulation with the decision of the Supreme Court in People v. Bright (1996) 12 Cal.4th 652, 49 Cal.Rptr.2d 732, in which the court determined that the crime of attempted murder is not divided into degrees, filed 2-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
6. Amendment of article heading, section and Note filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of article heading, section and Note refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or emergency language will be repealed by operation of law on the following day.
8. Amendment of article heading, section and Note refiled 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-6-2005 order transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
Note • History
A life prisoner shall be considered for parole for the first time at the initial parole consideration hearing scheduled as provided in Section 2268. A parole date shall be denied if the prisoner is found unsuitable for parole under Section 2402(c). A parole date shall be set if the prisoner is found suitable for parole under Section 2402(d). A parole date set under this article shall be set in a manner that provides uniform terms for offenses of similar gravity and magnitude with respect to the threat to the public.
In setting the parole date the panel shall consider the Sentencing Rules for the Superior Courts. The panel shall also consider the criteria and guidelines set forth in this article for determining the suitability for parole and the setting of parole dates, considering the number of victims of the crime for which the prisoner was sentenced and any other circumstances in mitigation or aggravation.
The terms in this article are guidelines only. The suggested terms serve as the starting point for the board's consideration of each case on an individual basis. The board may establish a term above or below the guidelines when warranted and reasons are stated on the record. A prisoner shall not be released before the minimum eligible parole date.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3040 and 3041, Penal Code.
HISTORY
1. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2402. Determination of Suitability.
Note • History
(a) General. The panel shall first determine whether the life prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
(b) Information Considered. All relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.
(c) Circumstances Tending to Show Unsuitability. The following circumstances each tend to indicate unsuitability for release. These circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate unsuitability include:
(1) Commitment Offense. The prisoner committed the offense in an especially heinous, atrocious or cruel manner. The factors to be considered include:
(A) Multiple victims were attacked, injured or killed in the same or separate incidents.
(B) The offense was carried out in a dispassionate and calculated manner, such as an execution-style murder.
(C) The victim was abused, defiled or mutilated during or after the offense.
(D) The offense was carried out in a manner which demonstrates an exceptionally callous disregard for human suffering.
(E) The motive for the crime is inexplicable or very trivial in relation to the offense.
(2) Previous Record of Violence. The prisoner on previous occasions inflicted or attempted to inflict serious injury on a victim, particularly if the prisoner demonstrated serious assaultive behavior at an early age.
(3) Unstable Social History. The prisoner has a history of unstable or tumultuous relationships with others.
(4) Sadistic Sexual Offenses. The prisoner has previously sexually assaulted another in a manner calculated to inflict unusual pain or fear upon the victim.
(5) Psychological Factors. The prisoner has a lengthy history of severe mental problems related to the offense.
(6) Institutional Behavior. The prisoner has engaged in serious misconduct in prison or jail.
(d) Circumstances Tending to Show Suitability. The following circumstances each tend to show that the prisoner is suitable for release. The circumstances are set forth as general guidelines; the importance attached to any circumstance or combination of circumstances in a particular case is left to the judgment of the panel. Circumstances tending to indicate suitability include:
(1) No Juvenile Record. The prisoner does not have a record of assaulting others as a juvenile or committing crimes with a potential of personal harm to victims.
(2) Stable Social History. The prisoner has experienced reasonably stable relationships with others.
(3) Signs of Remorse. The prisoner performed acts which tend to indicate the presence of remorse, such as attempting to repair the damage, seeking help for or relieving suffering of the victim, or indicating that he understands the nature and magnitude of the offense.
(4) Motivation for Crime. The prisoner committed his crime as the result of significant stress in his life, especially if the stress has built over a long period of time.
(5) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(6) Lack of Criminal History. The prisoner lacks any significant history of violent crime.
(7) Age. The prisoner's present age reduces the probability of recidivism.
(8) Understanding and Plans for Future. The prisoner has made realistic plans for release or has developed marketable skills that can be put to use upon release.
(9) Institutional Behavior. Institutional activities indicate an enhanced ability to function within the law upon release.
NOTE
Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sections 3041 and 4801, Penal Code.
HISTORY
1. New subsection (d)(5), subsection renumbering, and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
Note • History
(a) General. The panel shall set a base term for each life prisoner who is found suitable for parole. The base term shall be established solely on the gravity of the base crime, taking into account all of the circumstances of that crime. If the prisoner has been received in prison for more than one murder committed on or after November 8, 1978, the base crime is the most serious of the murders considering the facts and circumstances of the crime. If the prisoner has been sentenced to prison for murders committed before November 8, 1978 and for murders committed on or after November 8, 1978, the base offense shall be the most serious of the murders committed on or after November 8, 1978.
The base term shall be established by utilizing the appropriate matrix of base terms provided in this section. The panel shall determine the category most closely related to the circumstances of the crime. The panel shall impose the middle base term reflected in the matrix unless the panel finds circumstances in aggravation or mitigation.
If the panel finds circumstances in aggravation or in mitigation as provided in §§2404 or 2405, the panel may impose the upper or lower base term provided in the matrix by stating the specific reason for imposing such a term. A base term other than the upper, middle or lower base term provided in the matrix may be imposed by the panel if justified by the particular facts of the individual case and if the facts supporting the term imposed are stated.
(b) Matrix of Base Terms for First Degree Murder committed on or after November 8, 1978.
CIRCUMSTANCES
(c) Matrix of Base Terms for Second Degree Murder committed on or after November 8, 1978.
CIRCUMSTANCES
SUGGESTED BASE TERM
(d) Matrix of Base Terms for Attempted Willful, Deliberate and Premeditated Murder committed on or after January 1, 1987.
CIRCUMSTANCES
(e) Matrix of Base Terms for Attempted Murder of a Peace Officer or Firefighter committed on or after January 1, 1995.
CIRCUMSTANCES
SUGGESTED BASE TERM
(f) Matrix of Base Terms for Attempted Willful, Deliberate and Premeditated Murder of a Peace Officer or Firefighter committed on or after January 1, 1998.
CIRCUMSTANCES
SUGGESTED BASE TERM
(g) Base Terms of Other Life Crimes.
In considering life crimes for which no matrix is provided, the panel shall impose a base term by comparison to offenses of similar gravity and magnitude in respect to the threat to the public, and shall consider any relevant Judicial Council rules and sentencing information as well as any circumstances in aggravation or mitigation of the crime.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 182, 3040 and 3041, Penal Code; In re Sims, Sacramento Superior Court Case No. 01F07562 (2002).
HISTORY
1. Editorial correction filed 10-8-81; effective thirtieth day thereafter (Register 81, No. 41).
2. Amendment of subsection (a) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
3. Change without regulatory effect amending subsection (a) to clarify the applicability of the matrices in subsections (b) and (c) when setting the base term for prisoners sentenced to prison for attempted murder, filed 2-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. Amendment of section and Note filed 5-13-2004 as an emergency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-14-2004 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and Note refiled 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-11-2005 or emergency language will be repealed by operation of law on the following day.
6. Amendment of section and Note refiled 1-6-2005 as an emergency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-11-2005 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-6-2005 order, including further amendment of subsections (d)-(f) and Note, transmitted to OAL 5-11-2005 and filed 6-22-2005 (Register 2005, No. 25).
§2404. Circumstances in Aggravation of the Base Term.
Note
(a) General. The panel may impose the upper base term or another term longer than the middle base term upon a finding of aggravating circumstances. Circumstances in aggravation of the base term include:
(1) The crime involved some factors described in the appropriate matrix in a category higher on either axis than the categories chosen as most closely related to the crime;
(2) The victim was particularly vulnerable;
(3) The prisoner had a special relationship of confidence and trust with the victim, such as that of employee-employer;
(4) The murder was committed to preclude testimony of potential or actual witnesses during a trial or criminal investigation;
(5) The victim was intentionally killed because of his race, color, religion, nationality or country or origin;
(6) During the commission of the crime the prisoner had a clear opportunity to cease but instead continued;
(7) The manner in which the crime was committed created a potential for serious injury to persons other than the victim of the crime;
(8) The murder was wanton and apparently senseless in that it was committed after another crime occurred and served no purpose in completing that crime;
(9) The corpse was abused, mutilated or defiled;
(10) The prisoner went to great lengths to hide the body or to avoid detection;
(11) The murder was committed to prevent discovery of another crime;
(12) The murder was committed by a destructive device or explosives;
(13) There were multiple victims for which the term is not being enhanced under Section 2407;
(14) The prisoner intentionally killed the victim by the administration of poison;
(15) The prisoner intentionally killed the victim by lying in wait;
(16) The prisoner occupied a position of leadership or dominance over other participants in the commission of the crime, or the prisoner induced others to participate in the commission of the crime;
(17) The prisoner has a history of criminal behavior for which the term is not being enhanced under Section 2407;
(18) The prisoner has engaged in other reliably documented criminal conduct which was an integral part of the crime for which the prisoner is currently committed to prison;
(19) The prisoner was on probation or parole or was in custody or had escaped from custody at the time the crime was committed;
(20) Any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3040 and 3041 Penal Code.
§2405. Circumstances in Mitigation of the Base Term.
Note • History
(a) General. The panel shall impose the lower base term or another term shorter than the middle base term upon a finding of mitigating circumstances. Circumstances in mitigation of the base term include:
(1) The crime involved some factors described in the appropriate matrix in a category lower on either axis than the categories chosen as most closely related to the crime;
(2) The prisoner participated in the crime under partially excusable circumstances which do not amount to a legal defense;
(3) The prisoner had no apparent predisposition to commit the crime but was induced by others to participate in its commission;
(4) The prisoner tried to help the victim or sought aid after the commission of the crime or tried to dissuade a crime partner from committing other offenses;
(5) The prisoner was a passive participant or played a minor role in the commission of the crime;
(6) The crime was committed during or due to an unusual situation unlikely to reoccur;
(7) The crime was committed during a brief period of extreme mental or emotional trauma;
(8) The prisoner has a minimal or no history of criminal behavior;
(9) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(10) Any specific factors in mitigation, including those listed in the Sentencing Rules for Superior Courts.
NOTE
Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sections 3040, 3041 and 4801, Penal Code.
HISTORY
1. New subsection (a)(9), subsection renumbering, and amendment of Note filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
§2406. Adjustment for Weapons, Great Loss and Prior Prison Terms.
Note
(a) General. Effective January 1, 1979, Penal Code Section 669 was amended to permit the court to impose enhancements under Penal Code Sections 12022, 12022.5, 12022.6 and 667.5 consecutive to a life sentence (Stats. 1978, Ch. 579). Since the court has discretion whether to impose or strike the punishment upon a finding that the prisoner used a deadly or dangerous weapon, was armed with a firearm, used a firearm, caused great loss or served prior prison terms, the board shall consider the court's action in determining the adjustment under this section.
(b) Punishment Imposed by the Court. If the court imposed the consecutive punishment for the enhancement, the board shall not add an additional adjustment for using a deadly or dangerous weapon, being armed with a firearm, using a firearm, causing great loss in committing the murder, or having served a prior prison term.
(c) Punishment Stricken by Court. If the court struck the punishment upon a finding of circumstances in mitigation, the board shall consider any circumstances in mitigation. The board may add an adjustment for using a deadly or dangerous weapon, being armed with a firearm, using a firearm, causing great loss or having served a prior prison term. The suggested adjustment is one-half the punishment that was stricken by the court.
(d) No Allegation or Finding. If the board finds that the prisoner used a deadly or dangerous weapon, was armed with a firearm, used a firearm, caused great loss or served a prior prison term although that fact was not found to be true at the time of the prisoner's conviction, the board may add an adjustment based on that finding. The adjustment should be less than the adjustment suggested in subdivision (c) of this section.
In adding adjustments for prior prison terms under this subsection, the panel should consider the length of time between the prisoner's release from custody and commission of a new offense.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 669, 3040, 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§2407. Adjustments for Other Offenses.
Note • History
(a) General. Effective January 1, 1979 Penal Code Section 669 was amended to permit the court to impose sentences for other crimes to be served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the court has discretion to order that the sentences for more than one crime be served consecutively, the board shall consider the court's action in determining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for which the prisoner has been pardoned or which have been reversed by an appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court imposed consecutive life sentences the board shall determine the base crime and base term as provided in Section 2403(a). The board shall add adjustments for the remaining life crimes. The adjustment for each remaining life crime shall be a period of time commensurate with the nature of the crime but no less than the period of parole ineligibility for the crime. In no case will the parole date for consecutive sentences be earlier than the parole date for concurrent sentences.
(3) Concurrent Life Sentences Imposed by the Court. If the court imposed concurrent life sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served on the nonbase life crime prior to reception on the base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree murder committed on or after November 8, 1978.
2. Second degree murder: 8 years for a second degree murder committed on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court imposed consecutive nonlife sentences the Board shall not add additional adjustment for the nonlife crime.
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court imposed concurrent nonlife sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served for the nonlife crime prior to reception on the life offense; or
(B) One-half the determinate term imposed by the court; or
(C) One-half the term that would be established under Section 2271(e) for crimes which carry a sentence of one year and one day.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 669, 1170, 3040 and 3041, Penal Code.
HISTORY
1. Amendment of subsection (b)(3)(B) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2408. Circumstances in Aggravation of the Adjustment for Other Crimes.
Note
Circumstances which may justify imposition of an adjustment for another crime higher than that suggested in Section 2407 include:
(a) Pattern of Violence. A victim was seriously injured or killed in the course of the other crime, or there was a substantial likelihood of serious injury or death resulting from the acts of the prisoner.
(b) Numerous Crimes. The other crime was one of a series of crimes which occurred during a single period of time, showing a pattern of similar conduct resulting in convictions, but not resulting in adjustments under Section 2407.
(c) Crimes of Increasing Seriousness. The prisoner has committed multiple crimes which indicate a significant pattern of increasingly serious criminal conduct.
(d) Independent Criminal Activity. The other crime and its objective were independent of the base crime or the other crime was committed at a different time and place, indicating a significant pattern of criminal behavior rather than a single period of aberrant behavior.
(e) Status. The prisoner was on probation or parole or was in custody or had escaped from custody when the crime was committed.
(f) Vulnerability. The victim was particularly vulnerable.
(g) Other. The other crime included any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 669, 1170, 3040 and 3041, Penal Code: Sentencing Rules for the Superior Courts.
§2409. Circumstances in Mitigation of the Adjustment for Other Crimes.
Note
Circumstances which may justify imposition of an adjustment for another crime lower than that suggested in Section 2407, or which may justify no adjustment, include:
(a) Successful Completion of Probation or Parole. The prisoner's performance on probation or parole for the other crime was good, and the prisoner was free of criminal convictions for a reasonable period of time following completion of probation or parole.
(b) Insignificant Prior Record. The other crime indicates an insignificant pattern of prior criminal behavior. For example, the other crime is unrelated to the principal offense in time, in the kind of criminal conduct involved, or in the apparent motivation or cause of the criminal conduct.
(c) Probation. The prisoner was granted probation after conviction of the other crime.
(d) Other. The other crime included any other circumstances in mitigation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 669, 1170, 3040 and 3041, Penal Code: Sentencing Rules for the Superior Courts.
Note • History
(a) General. Life prisoners may earn postconviction credit for each year spent in state prison from the date the life term starts. Prior to the initial parole consideration hearing life prisoners shall have documentation hearings as provided in Section 2269.1. At the documentation hearings, the board shall document the prisoner's performance, participation, behavior and other conduct as specified in subsection (c) of this section. Credit shall not be granted or denied at these hearings. The documentation shall be used by the panel which establishes a parole date to determine how much, if any, credit should be granted for the years served prior to the establishment of the parole date. Once a parole date is established, postconviction credit for time served since the last hearing shall be considered at the progress hearings scheduled as provided in Section 2269.
The board shall consider each case individually in determining the amount of credit. This section provides guidelines for granting credit but a panel may grant more or less credit as appropriate.
(b) Amount of Credit. Postconviction credit shall be granted to life prisoners in a manner which allows similar amounts of time to prisoners in similar circumstances. The suggested amount of postconviction credit is zero to 4 months for each year served since the date the life term started excluding any time during which service of the life term is tolled.
The board may grant more or less than 4 months annual postconviction credit when the prisoner's performance, participation or behavior warrants such adjustment of credit. Less than 4 months credit may be granted if the prisoner fails to meet the general expectations set forth in Section 2410(c). More than 4 months credit may be granted if the prisoner demonstrates exceptional performance in a work assignment, exceptional participation in self-help or rehabilitative programs, or other exemplary conduct. If the panel grants more than 4 months of postconviction credit for any year, the case shall be reviewed as provided in Sections 2041-2043.
Provided, however, postconviction credits which would advance the parole release date to less than 180 days from the date of the hearing shall not be granted unless or until the parole review authority of the Governor is exercised pursuant to Penal Code section 3041.1.
(c) Criteria. In determining the amount of postconviction credit to be granted, the panel shall consider the following:
(1) Performance in Institutional Work Assignments. All life prisoners are presumed to work and to perform satisfactorily in work assignments (see CDC Rules 3040 and 3041). Lack of a work assignment shall not necessarily prevent the granting of postconviction credit. The panel shall consider the nature and availability of work assignments at the institution, the prisoner's custody status, and any other impediments to the prisoner's receiving work assignment.
(2) Participation in Self-Help and Rehabilitative Programs. All life prisoners are presumed to participate in programs for self development (refer to CDC Rules 3040 and 3041). Lack of program participation shall not necessarily prevent the granting of postconviction credit. The panel shall consider the nature and availability of programs at the institution, the prisoner's custody status, and any other impediments to the prisoner's participation in programs.
(3) Behavior in the Institutional Setting. All life prisoners are presumed to behave in a disciplinary-free manner, in accordance with state law and departmental regulations (refer to CDC Rules 3000-3021). However, a minor disciplinary offense shall not necessarily prevent the granting of postconviction credit.
(d) Credit Not Granted. No annual postconviction credit shall be granted in the case of any prisoner who commits serious (as defined in 15 CCR Section 3315) or numerous (more than three) infractions of departmental regulations, violates any state law, or engages in other conduct which could result in rescission of a parole date (see Section 2451) unless the panel finds evidence in mitigation and supports such finding with a statement of its reasoning.
Consistent unsatisfactory performance in work assignments, consistent failure to engage in program participation, or consistent overall negative behavior demonstrated by numerous minor disciplinary reports may, individually or cumulatively, justify the withholding of annual postconviction credit which otherwise could have been granted.
(e) Change in Parole Date. Once postconviction credit is granted for particular year of imprisonment, the credit shall be applied to any new term established after rescission or reconviction after a reversal.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3040 and 3041, Penal Code. In re Stanley, 54 Cal.App.3d 1030 (1976).
HISTORY
1. Amendment of subsection (d) and Note filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
2. Amendment of subsections (b) and (c)(2) filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
Note • History
(a) Total Period of Confinement. The terms established for the base crime and any adjustments shall be added together resulting in a total period of confinement. The total period of confinement shall be reduced by any postconviction credit granted under Section 2410. This results in the adjusted period of confinement.
(b) Period of Prison Confinement. Any preprison credit shall be deducted from the total period of confinement as provided in Sections 2341-2345. This results in the total period of prison confinement. The total period of prison confinement shall be reduced by any postconviction credit granted under Section 2410. This results in the adjusted period of prison confinement.
(c) Release Date. The adjusted period of prison confinement and any time at large shall be added to the date the life term starts. This results in the parole date. For purposes of determining the parole date, the life terms starts on:
(1) Consecutive Life Sentences. The date the prisoner was received under Penal Code Section 2900 or 1203.2a for the earliest life sentence if the prisoner is sentenced to prison with consecutive life sentences.
(2) Concurrent Life Sentences. The date the prisoner was received under Penal Code Section 2900 or 1203.2a for the earliest life sentence used in calculating the parole date if the prisoner is sentenced to prison with concurrent life sentences.
(3) Consecutive Nonlife Sentences for Crimes or Enhancements. The date the prisoner completed serving the nonlife sentence or the sentence for the consecutive enhancement under Penal Code Section 669 if the prisoner is sentenced to prison with nonlife sentences which are consecutive to life sentence or with court imposed consecutive enhancements.
(4) Concurrent Nonlife Sentences. The date the prisoner was received for the life crime under Penal Code Section 2900 or 1203.2a, if the prisoner is sentenced to prison with nonlife sentences which are concurrent to the life sentences. If the panel added any adjustments for the nonlife crimes and the prisoner was received for those crimes prior to the date he was received for the life crime, the time served for those nonlife crimes prior to the date the life term starts shall be deducted from the adjustment for the nonlife crime.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 669, 1203.2a and 2900, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
Article 12. Parole Consideration Criteria and Guidelines for Habitual Offenders Sentenced to Life Terms Under Penal Code Section 667.7
Note • History
The criteria and guidelines in this article shall apply to prisoners sentenced to a term of 20 years to life as habitual offenders under Penal Code Section 667.7 for crimes committed on or after January 1, 1982. The guidelines in this article shall be construed to be based on the public's expressed intent in adding Section 667.7 to the Penal Code that a person convicted of a felony in which the person inflicts great bodily injury or who personally uses force likely to produce great bodily injury, and who has served two or more prior prison terms for specified crimes should be incarcerated for an extended period of time.
The general statement in Section 2400 regarding the differences between the minimum eligible parole date and the parole release date shall be complied with as if incorporated herein.
A prisoner committed as a habitual offender shall have his initial parole consideration hearing in the thirteenth month prior to the minimum eligible parole date. The prisoner shall have documentation hearings as provided in Section 2269.1, but no specific amount of postconviction credit shall be granted until the board has established a period of confinement.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 2930-2933, 3040 and 3041, Penal Code.
HISTORY
1. New Article 12 (Sections 2420-2429.1) filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
Note
A habitual offender shall be considered for parole for the first time at the initial parole consideration hearing. A parole date shall be denied if the prisoner is found unsuitable for parole under Section 2422(c). A parole date shall be set if the prisoner is found suitable for parole under Section 2422(d). A parole date set under this article shall be set in a manner that provides uniform terms for offenses of similar gravity and magnitude with respect to the threat to the public.
In setting the parole date the panel shall consider the Sentencing Rules for the Superior Courts. The panel shall also consider the criteria and guidelines set forth in this article for determining suitability for parole and the setting of parole dates, the circumstances of the crimes for which the prisoner was sentenced, and any circumstances in aggravation or mitigation.
In setting the base period of confinement, the panel shall consider the circumstances of the current and prior offenses resulting in the conviction as a habitual offender, including the number of prior prison terms for specified crimes and the extent of injury to the victim of the current offense. The panel may then make adjustments to the base period of confinement for other factors.
The circumstances tending to show suitability and unsuitability, and the circumstances in aggravation and mitigation contained in this article shall be construed as guidelines only. The panel may make findings outside the guidelines when warranted in the individual case and reasons are stated on the record.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 3040 and 3041, Penal Code.
§2422. Determination of Suitability.
Note
(a) General. The panel shall first determine whether the prisoner is suitable for release on parole. Regardless of the length of time served, a prisoner shall be found unsuitable for and denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
(b) Information Considered. At all parole consideration hearings for habitual offenders the panel shall consider the information described in Section 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel shall consider those circumstances listed in Section 2281(c) which the panel finds are appropriate to the case of a habitual offender. The panel may make other findings when warranted by the circumstances of an individual case and reasons are stated in the record.
(d) Circumstances Tending to Show Suitability. The panel shall consider those circumstances listed in Section 2281(d) which the panel finds are appropriate to the case of a habitual offender. The panel may make other findings when warranted by the circumstances of an individual case and reasons are stated in the record.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7 and 3041, Penal Code.
Note • History
(a) General. The panel shall set a base term for each habitual offender who is found suitable for parole. The base term shall be established based on the circumstances of the series of prior and current offenses which resulted in conviction as a habitual offender, considered as a whole.
The base term shall be established by utilizing the appropriate matrix of base terms provided in this section. The panel shall determine the category most closely related to the circumstances of the most serious of the series of prior and current offenses which resulted in commitment as an habitual offender. The panel shall impose the middle base term reflected in the matrix unless the panel finds circumstances in aggravation or mitigation.
If the panel finds circumstances in aggravation or in mitigation as provided in Sections 2424 or 2425, the panel may impose the upper or lower base term provided in the matrix by stating the specific reason for imposing such a term. A base term other than the upper, middle, or lower base term provided in the matrix may be imposed by the panel if justified by the particular facts of the individual case and if the facts supporting the term imposed are stated.
(b) Matrix of base terms for prisoners sentenced to terms of 20 years to life as habitual offenders under Penal Code Section 667.7 for crimes committed on or after January 1, 1982.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 667.7 and 3041, Penal Code.
HISTORY
1. Amendment of section and Note filed 3-15-93; operative 4-14-93 (Register 93, No. 12).
2. Editorial correction adding subsection (b) and matrix (Register 93, No. 17).
§2424. Circumstances in Aggravation of the Base Term.
Note
Circumstances in aggravation of the base term include but are not limited to:
(a) Criminal History.
(1) The current offense or offenses and the offenses underlying the prior prison terms are violent offenses as defined in Penal Code Section 667.5(c).
(2) The current offense or offenses and the offenses underlying the prior prison terms were committed within a relatively short time after release on parole.
(3) The prisoner has been convicted of other offenses during the periods between the commission of the current offense and the offenses underlying the prior prison terms.
(4) The prisoner has served more than two prior prison terms for offenses listed in Penal Code Section 667.7.
(b) Circumstances of Offenses.
(1) The current offense or offenses resulted in greater injury to one or more victims than is required for a finding under Penal Code Section 12022.7.
(2) The current offense or offenses or the offenses underlying the prior prison terms resulted in death to one or more victims.
(3) The circumstances of the current offense or offenses and the offenses underlying the prior prison terms indicate the prisoner preys on victims who are particularly vulnerable, or who occupy a position of trust in relation to the prisoner.
(4) The circumstances of the current offense or offenses and the offenses underlying the prior prison terms indicate a pattern of the commission of similar violent crimes; i.e., conviction for three or more sexual offenses, or three or more offenses involving use of a firearm.
(c) The Circumstances in Aggravation enumerated in Sections 2283, except subdivision (a)(1), and 2404, as appropriate to the case of a habitual offender.
(d) Any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 3040 and 3041, Penal Code.
§2425. Circumstances in Mitigation of Base Term.
Note
Circumstances in mitigation include but are not limited to:
(a) Criminal History.
(1) The current offense or offenses and the offenses underlying the prior prison terms are non-violent offenses not listed in Penal Code Section 667.5(c).
(2) There is a relatively long period of crime-free conduct, including successful completion of parole, between commission of the offenses resulting in commitment as a habitual offender.
(3) The prisoner has no other convictions for violent crimes as defined in Penal Code Section 667.5(c) other than those resulting in commitment as a habitual offender.
(b) Circumstances of Offenses.
(1) The great bodily injury to the victim in the current offense was no greater than that required for a finding under Penal Code Section 12022.7, and the prisoner did not personally inflict injury on any other victim of any offense of which he has previously been convicted.
(2) The current offense or offenses did not involve use of a firearm, and the offenses underlying the prior prison terms did not involve use of a firearm, or arming or use of a deadly or dangerous weapon.
(c) The Circumstances in Mitigation enumerated in Sections 2284, except subdivision (a)(1), and 2405, as appropriate to the case of a habitual offender.
(d) Any other circumstances in mitigation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: 5076.2, Penal Code. Reference: Sections 667.7, 3040 and 3041, Penal Code.
§2426. Adjustment for Weapons, Great Loss, Great Bodily Injury and Prior Prison Terms.
Note
(a) The panel shall consider the addition of adjustments for weapons, great loss, and prior prison terms as provided in Section 2406.
(b) The panel shall consider the addition of an adjustment for great bodily injury using the guidelines as provided in Section 2406 for the addition of adjustments for weapons, great loss, and prior prison terms.
(c) The panel shall not add adjustments for prior prison terms or findings of great bodily injury which resulted in the commitment as a habitual offender.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.5, 667.7, 3040, 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§2427. Adjustments for Other Offenses.
Note
(a) General. Effective January 1, 1979, Penal Code Section 669 was amended to permit the court to impose sentences for other crimes to be served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the court has discretion to order that the sentences for more than one crime be served consecutively, the board shall consider the court's action in determining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for which the prisoner has been pardoned or which have been reversed by an appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court imposed consecutive life sentences the board shall determine the base crime and base term. The board shall add adjustments for the remaining life crimes. The adjustment for each remaining life crime shall be a period of time commensurate with the nature of the crime but no less than the period of parole ineligibility for the crime. In no case will the parole date for consecutive sentences be earlier than the parole date for concurrent sentences.
(3) Concurrent Life Sentences Imposed by the Court. If the court imposed concurrent life sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served on the nonbase life crime prior to reception on the base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree murder committed on or after November 8, 1978.
2. Second degree murder: 8 years for a second degree murder committed on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court imposed consecutive nonlife sentences the board shall not add additional adjustments for the nonlife crimes.
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court imposed concurrent nonlife sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served for the nonlife crime prior to reception on the life offense; or
(B) One-half the determinate term imposed by the court; or
(C) One-half the term that would be established under Section 2271 for crimes which carry a sentence of a year and a day.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 669, 1170, 3040 and 3041, Penal Code.
§2428. Circumstances in Aggravation and Mitigation of the Adjustment for Other Crimes.
Note
(a) Circumstances in Aggravation. Circumstances which may justify imposition of an adjustment for another crime higher than that suggested in Section 2427 include:
(1) Pattern of Violence. A victim was seriously injured or killed in the course of the other crime, or there was a substantial likelihood of serious injury or death resulting from the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series of crimes which occurred during a single period of time, showing a pattern of similar conduct resulting in convictions but not resulting in adjustments under Section 2427.
(3) The prisoner has committed multiple crimes which indicate a significant pattern of increasingly serious criminal conduct.
(4) Independent Criminal Activity. The other crime and its objective were independent of the base crime or the other crime was committed at a different time and place.
(5) Status. The prisoner was on probation or parole or had escaped from custody when the other crime was committed.
(6) Vulnerability. The victim was particularly vulnerable.
(7) Other. The other crime included any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
(b) Circumstances in Mitigation. Circumstances which may justify imposition of an adjustment for another crime lower than that suggested in Section 2427, or which may justify no adjustment, include:
(1) Successful Completion of Probation or Parole. The prisoner's performance on probation or parole for the other crime was good, and the prisoner was free of criminal convictions for a reasonable period of time following completion of probation or parole.
(2) Probation. The prisoner was granted probation after conviction of the other crime.
(3) Other. The other crime included any other circumstances in mitigation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 669, 1170, 3040 and 3041, Penal Code; and Sentencing Rules for the Superior Courts.
Note
The application of postconviction credit shall be considered as provided in Section 2410.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 3040 and 3041, Penal Code; In re Stanley, 54 Cal.App.3d 1030 (1976).
§2429.1. Fixing a Parole Date.
Note
The parole date shall be determined as provided in Section 2411.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7, 669, 1203.2a and 2900, Penal Code.
Article 13. Parole Consideration Criteria and Guidelines for Sex Offenders Sentenced to Life Terms Under Penal Code Section 667.51
Note • History
The criteria and guidelines in this article shall apply to prisoners sentenced to a term of 15 years to life under Penal Code Section 667.51. The guidelines in this article shall be construed as based on the public's expressed intent in adding Section 667.51 to the Penal Code that a person convicted of lewd or lascivious acts committed against a child under the age of 14, and who has served two or more prior prison terms for specified sex crimes should be incarcerated for an extended period of time.
The general statement in Section 2400 regarding the differences between the minimum eligible parole date and the parole release date shall be construed as if incorporated herein.
A person committed under Penal Code Section 667.51 shall have his initial parole consideration hearing in the thirteenth month prior to the minimum eligible parole date. The prisoner shall have documentation hearings as provided in Section 2269.1, but no specific amount of postconviction credit shall be granted until the board has established a period of confinement.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 667.7, 2930-2933, 3040 and 3041, Penal Code.
HISTORY
1. New Article 13 (Sections 2430-2439.1) filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
Note
A sex offender shall be considered for parole for the first time at the initial parole consideration hearing. A parole date shall be denied if the prisoner is found unsuitable for parole under Section 2432(c). A parole date shall be set if the prisoner is found suitable for parole under Section 2432(d). A parole date set under this article shall be set in a manner that provides uniform terms for offenses of similar gravity and magnitude with respect to the threat to the public.
In setting a parole date the panel shall consider the Sentencing Rules for the Superior Courts. The panel shall also consider the criteria and guidelines set forth in this article for determining suitability for parole and the setting of parole dates, the circumstances of the crimes for which the prisoner was sentenced and any circumstances in aggravation or mitigation.
In setting a base period of confinement, the panel shall consider the circumstances of the current and prior offenses resulting in conviction under Penal Code Section 667.51.
The circumstances tending to show suitability and unsuitability, and the circumstances in aggravation and mitigation contained in this article shall be construed as guidelines only. The panel may make findings outside the guidelines when warranted in the individual case and reasons are stated on the record.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 3040 and 3041, Penal Code.
§2432. Determination of Suitability.
Note
(a) General. The panel shall first determine whether the prisoner is suitable for release on parole. Regardless of the length of time served, a prisoner shall be found unsuitable for and denied parole if in the judgement of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
(b) Information Considered. At all parole consideration hearings for sex offenders the panel shall consider the information described in Section 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel shall consider those circumstances listed in Section 2281(c) which the panel finds are appropriate to the case of a sex offender. The panel may make other findings when warranted by the circumstances of an individual case and reasons are stated in the record.
(d) Circumstances Tending to Show Suitability. The panel shall consider those circumstances listed in Section 2281(d) which the panel finds are appropriate to the case of a sex offender. The panel may make other findings when warranted by the circumstances of an individual case and reasons are stated in the record.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51 and 3041, Penal Code.
Note
(a) General. The panel shall set a base term for each sex offender who is found suitable for parole. The base term shall be established based on the circumstances of the series of prior and current offenses which resulted in conviction as a sex offender, considered as a whole. The panel shall set a base term which it finds to be appropriate in an individual case after consideration of the Circumstances in Aggravation listed in Section 2434 and the Circumstances in Mitigation listed in Section 2435, and any other circumstances which appear to be important in the judgment of the panel.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51 and 3041, Penal Code.
§2434. Circumstances in Aggravation of the Base Term.
Note
Circumstances in aggravation of the base term include:
(a) Criminal History.
(1) The current offense or offenses and the offenses underlying the prior prison terms are violent offenses as defined in Penal Code Section 667.5(c).
(2) The current offense or offenses and the offenses underlying the prior prison terms were committed within a relatively short time of each other.
(3) The prisoner has been convicted of offenses, misdemeanors or felonies, involving sexually aberrant behavior other than those resulting in the life sentence under Penal Code Section 667.51.
(4) The prisoner has served more than two prior prison terms for offenses listed in Penal Code Section 667.51.
(5) The current or prior commitments to state prison resulted from multiple convictions for sex and sex-related offenses.
(b) Circumstances of Offenses.
(1) The current offense or offenses or the offenses underlying the prior prison terms resulted in physical or psychological injury to the victim beyond that occasioned by the sex act.
(2) The current offense or offenses or the offenses underlying the prior prison terms involved arming or use of a firearm or deadly or dangerous weapon.
(3) The current offense or offenses and the offenses underlying the prior prison terms establish a pattern of sexual crimes against children.
(4) The circumstances of the current offense or offenses and the offenses underlying the prior prison terms indicate the prisoner preys on victims who are particularly vulnerable resulting from factors other than the age or sex of the victim, and/or who occupy a position of trust in relation to the prisoner.
(c) The Circumstances in Aggravation listed in Sections 2283, except subdivision (a)(1), and 2404, as appropriate to the case of a habitual sex offender.
(d) Any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 3040 and 3041, Penal Code.
§2435. Circumstances in Mitigation of the Base Term.
Note
Circumstances in mitigation of the base term include:
(a) Criminal History.
(1) The offenses underlying the prior prison terms were for non-violent offenses not listed in Penal Code Section 667.5(c).
(2) The prisoner has no other convictions for sex or sex-related offenses other than those resulting in commitment under Penal Code Section 667.51.
(3) The current and previous commitments resulted from a single sex offense committed against a single victim.
(b) Circumstances of Offense.
(1) The current offense or offenses and the offenses underlying the prior prison terms resulted in no physical or psychological injury to any victim beyond that directly resulting from the sex act.
(2) The current offense or offenses and the offenses underlying the prior prison terms did not involve arming or use of a firearm or deadly or dangerous weapon.
(3) The commission of the offenses resulting in commitment under Penal Code Section 667.51 appear to have resulted from a psychological condition for which the prisoner has voluntarily and continuously sought treatment.
(c) The Circumstances in Mitigation listed in Sections 2284, except (a)(1), and 2405, as appropriate to the case of a habitual sex offender.
(d) Any other circumstances in mitigation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 3040 and 3041, Penal Code.
§2436. Adjustment for Weapons, Great Loss, Great Bodily Injury and Prior Prison Terms.
Note
(a) The panel shall consider the addition of adjustments for weapons, great loss, and prior prison terms as provided in Section 2406.
(b) The panel shall consider the addition of an adjustment for great bodily injury using the guidelines as provided in Section 2406 for the addition of adjustments for weapons, great loss and prior prison terms.
(c) The panel shall not consider adjustments for prior prison terms which resulted in the commitment as a sex offender.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.5, 667.51, 3040, 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§2437. Adjustments for Other Offenses.
Note
(a) General. Effective January 1, 1979, Penal Code Section 669 was amended to permit the court to impose sentences for other crimes to be served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the court has discretion to order that the sentences for more than one crime be served consecutively, the board shall consider the court's action in determining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for which the prisoner has been pardoned or which have been reversed by an appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court imposed consecutive life sentences the board shall determine the base crime and base term. The board shall add adjustments for the remaining life crimes. The adjustment for each remaining life crime shall be a period of time commensurate with the nature of the crime but no less than the period of parole ineligibility for the crime. In no case will the parole date for consecutive sentences be earlier than the parole date for concurrent sentences.
(3) Concurrent Life Sentences Imposed by the Court. If the court imposed concurrent life sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served on the nonbase life crime prior to reception on the base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree murder committed on or after November 8, 1978.
2. Second degree murder: 8 years for a second degree murder committed on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court imposed consecutive nonlife sentences the board shall not add additional adjustments for the nonlife crimes.
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court imposed concurrent nonlife sentences, the board may add an adjustment because the prisoner has been convicted of more than one crime. The suggested adjustment is the greater of:
(A) Time served for the nonlife crime prior to reception on the life offense; or
(B) One-half the determinate term imposed by the court; or
(C) One-half the term that would be established under Section 2271 for crimes which carry a sentence of a year and a day.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 669, 1170, 3040 and 3041, Penal Code.
§2438. Circumstances in Aggravation and Mitigation of the Adjustment for Other Crimes.
Note
(a) Circumstances in Aggravation. Circumstances which may justify imposition of an adjustment for another crime higher than that suggested in Section 2437 include:
(1) Pattern of Violence. A victim was seriously injured or killed in the course of the other crime, or there was a substantial likelihood of serious injury or death resulting from the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series of crimes which occurred during a single period of time, showing a pattern of similar conduct resulting in convictions but not resulting in adjustments under Section 2437.
(3) The prisoner has committed multiple crimes which indicate a significant pattern of increasingly serious criminal conduct.
(4) Independent Criminal Activity. The other crime and its objective were independent of the base crime or the other crime was committed at a different time and place.
(5) Status. The prisoner was on probation or parole or had escaped from custody when the other crime was committed.
(6) Other. The other crime included any other circumstances in aggravation including those listed in the Sentencing Rules for the Superior Courts.
(b) Circumstances in Mitigation. Circumstances which may justify imposition of an adjustment for another crime lower than that suggested in Section 2437, or which may justify no adjustment, include:
(1) Successful Completion of Probation or Parole. The prisoner's performance on probation or parole for the other crime was good, and the prisoner was free of criminal convictions for a reasonable period of time following completion of probation or parole.
(2) Probation. The prisoner was granted probation after conviction of the other crime.
(3) Other. The other crime included any other circumstances in mitigation including those listed in the Sentencing Rules for the Superior Courts.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 669, 1170, 3040 and 3041, Penal Code; and Sentencing Rules for the Superior Courts.
Note
The application of postconviction credit shall be considered as provided in Section 2410.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 3040 and 3041, Penal Code; In re Stanley, 54 Cal.App.3d (1976).
The parole date shall be determined as provided in Section 2411.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 669, 1203.2a and 2900, Penal Code.
§2439.1. Fixing a Parole Date.
Note
The parole date shall be determined as provided in Section 2411.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51, 669, 1203.2a and 2900, Penal Code.
Chapter 4. Postponement or Rescission of Release
Article 1. Initiating Proceedings
Note • History
The ISL parole date of an ISL prisoner or the parole date of a life or non-life 1168 prisoner may be postponed or rescinded for good cause at a rescission hearing. Rescission proceedings refer to any proceedings which may result in the postponement or rescission of a release date.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 3041.5 and 3041.7, Penal Code.
HISTORY
1. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2451. Reportable Information.
Note • History
Department staff shall report to the Board at the central office calendar conduct which may result in rescission proceedings. The Board shall determine whether to initiate rescission proceedings. Examples of conduct which must be reported to the Board include:
(a) Disciplinary Conduct.
(1) Assault with a weapon.
(2) Escape.
(3) Physically assaultive behavior.
(4) Possession of a weapon without permission.
(5) Possession of controlled substances without a prescription.
(6) Attempt to escape.
(7) Urging others, with the intent to cause a riot, to commit acts of force or violence, at a time and place and under circumstances which produce a clear and present and immediate danger of a riot which results in acts of force or violence.
(8) Intentional destruction of state property valued in excess of $50.
(9) Falsification of a significant record or document.
(10) Possession of escape tools without permission.
(11) Manufacture or sale of intoxicants.
(12) Threatening the Board or Board staff.
(13) Other conduct which seriously disrupts institutional routine, or which strongly indicates that the prisoner is not ready for release, or which indicates that the prisioner is a danger to himself or others, or which Department staff believes should be reported to the Board.
(b) Psychiatric Deterioration. Any prisoner whose mental state deteriorates to the point that there is a substantial likelihood that the prisoner would pose a danger to himself or others when released, and who is within 90 days of release, shall be reported to the Board.
(c) Fundamental errors occurred, resulting in the improvident granting of a parole date.
(d) Other. Any new information which indicates that parole should not occur. Examples include: an inability to meet a special condition of parole, such as failure of another state to approve an interstate parole; or information significant to the original grant of parole was fraudulently withheld from the Board.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. Editorial correction (Register 79, No. 38).
2. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2452. Procedure for Reporting.
Note • History
(a) Reporting. Department staff shall report to the Board at the central office calendar any life, non-life 1168 or ISL prisoner who must be reported under §2451.
(b) Time of Report. All cases shall be reported to the Board prior to the prisoner's scheduled release date.
If the case has not been referred to the District Attorney for prosecution, the case shall be reported to the Board within 15 days of the conduct or the discovery of information leading to disciplinary charges.
If the case has been referred to the District Attorney for prosecution, the case should be reported to the Board on the earliest of the following dates:
(1) 60 days before the prisoner's parole date;
(2) Within 15 days of the date upon which the District Attorney notifies the Department that the county will not prosecute the case;
(3) Within 15 days of the date of the criminal prosecution. These time limits are directory only, and the Board may hold a rescission hearing if these time limits are not met in a particular case.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Repealer of subsections (c) and (d) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
3. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2453. Pre-Rescission Hearings.
Note • History
(a) Scheduling. If the prisoner is scheduled to be released within 20 days, a criminal prosecution is pending, and the criminal prosecution will not terminate before the scheduled release date, Department staff shall schedule a pre-rescission hearing. The prisoner may waive the pre-rescission hearing.
A prisoner who has had or has waived a pre-rescission hearing on any one charge which alone is sufficiently serious to postpone or rescind the release date, is not entitled to a pre-rescission hearing on any other charges.
(b) Time Limits. Pre-rescission hearings should occur before the scheduled release date. Any delay beyond the scheduled release date must be authorized by the Board at the central office calendar.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5 and 3060, Penal Code.
HISTORY
1. Amendment of section heading and section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2454. Scheduling Rescission Hearings.
Note • History
The time limits specified in this section are directory, and failure to meet the time limits does not deprive the Board of jurisdiction to hold the hearing. Department staff shall schedule rescission hearings as follows:
(a) New Commitment. If the prosecution terminates in a sentence to state prison prior to the scheduled rescission hearing, the rescission hearing shall be cancelled, and the prisoner shall be scheduled for a parole hearing as provided in § 2308(c).
If the prosecution terminates in a sentence to state prison after a rescission hearing, the action at the rescission hearing shall be vacated, and the prisoner shall be scheduled for a parole hearing as provided in § 2308(c).
(b) Definitions.
(1) Days. Time must be computed in calendar days. If a due date falls on a weekend or holiday, the due date will be the next working day.
(2) Termination of Criminal Prosecution. Criminal prosecution shall be considered terminated when any one or more of the following occur:
(A) The prisoner has been sentenced.
(B) The criminal charges are dismissed for any reason.
(C) The prisoner has been acquitted.
(D) The prisoner has been granted immunity from further prosecution.
(E) The prisoner is diverted under Penal Code section 1000.
(F) The prisoner is committed to the Department for diagnosis under Penal Code section 1203.03.
(G) The parolee is committed to CRC.
(3) Sentence. A sentence means a fine, a jail sentence, a prison sentence, a probationary sentence (regardless of whether judgment was entered) or any commitment to any agency for diagnosis or treatment (including a temporary commitment to the Department of Health).
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 1170.2 and 3041, Penal Code.
HISTORY
1. Amendment of subsection (c)(2) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Amendment of subsection (c) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
4. Repealer of subsections (a) and (b) and relettering of subsections (c) and (d) to subsections (a) and (b) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
5. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Article 2. Hearing Procedures
Note • History
At the rescission hearing, the prisoner shall have the rights specified in §§2245-2255, and the following rights:
(a) Notification of the Charges and the Supporting Evidence. The prisoner shall receive a copy of the charges, and any supporting evidence unless designated confidential pursuant to §2235.
(b) Attorney. A life prisoner has the right to be represented by an attorney at the rescission hearing. If the life prisoner is indigent, an attorney shall be appointed at state expense. An ISL or non-life prisoner has the right to request the assistance of an attorney. (See §§2690-2701.)
(c) Witnesses. The prisoner shall have the right to request the presence of evidentiary witnesses at a rescission hearing. The witnesses shall be called unless the hearing panel has specific reason to deny the request. Witnesses shall be screened in accordance with the procedures of §2668. The prisoner may request subpoenas or subpoenas duces tecum as provided in §§2675-2682. If denied, the specific reasons for denial shall be documented and a copy of the document given to the prisoner. During the hearing, the prisoner has the right, under the direction of the hearing panel, to question all witnesses.
(d) Notice of the Hearing. The prisoner shall be provided with notice of the hearing at least 30 days prior to the hearing date.
(e) Record. The record of the hearing shall be a stenographic transcript.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5, 3041.7 and 5076.3, Penal Code; In re Carroll (1978) 80 Cal. App. 3d 22.
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
6. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
§2466. Pre-Hearing Procedures.
Note • History
(a) General. Department staff shall ensure that the board at the central office calendar is notified of all cases which are within 20 days of the release date, and all cases of prisoners with criminal prosecution pending and which are held 90 days past the scheduled release date; final rescission hearings are scheduled; written demands for a final hearing are reported to the board at the central office calendar; the prisoner is advised of his rights; prisoner's requests for witnesses are screened; any necessary witnesses are obtained; all documentary and physical evidence is disclosed, unless designated confidential under §2235; requests for continuances are decided under § 2253; and the case is otherwise prepared for the hearing as necessary.
Life Prisoner Rescission. At least 30 days before a life prisoner rescission hearing, Department staff shall notify the district attorney of the county from which the prisoner was committed for the life offense that a representative of the district attorney's office may attend the hearing. If the prosecutor wishes to participate in the hearing, he shall notify the institution hearing coordinator at least 14 days before the hearing. Department staff shall notify the prisoner's attorney that a prosecutor will attend. The prosecutor may review the prisoner's central file and submit any relevant documents. The prosecutor shall submit any documents at least 14 days before the hearing and the institution hearing coordinator shall ensure that the prisoner and his attorney receive a copy ten days prior to the hearing. The institution hearing coordinator shall also forward to the prosecutor a copy of all documents provided to the prisoner's attorney.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.7, Penal Code.
HISTORY
1. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 0-27-78 (Register 78, No. 43).
3. Amendment of section heading, section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note • History
(a) Pre-rescission Hearing. The pre-rescission hearing shall be conducted by a deputy commissioner. The deputy commissioner shall decide whether there is probable cause to believe that the prisoner engaged in the conduct charged. Guilt, innocence, or possible punishment are not at issue at this hearing.
(b) Rescission Hearing. The rescission hearing for life prisoners shall be conducted by a panel of three, at least two of whom shall be commissioners. Rescission hearings for ISL prisoners shall be conducted by a panel of two deputy commissioners. The hearing panel shall decide whether the prisoner engaged in the conduct charged and, if so, what action should be taken. For life prisoners, the rescission hearing may be held in conjunction with a Department disciplinary hearing. For ISL prisoners with DSL release dates retroactively calculated, the hearing may be held in conjunction with a Department good time credit hearing, but only the ISL date may be rescinded. In such a combined hearing, the Board shall make any decision necessary to the rescission portion of the hearing, and the Department shall make any decisions necessary to the disciplinary or good time credit portion of the hearing. Both the Board and the Department may question any witnesses. A rescission hearing may be held without a disciplinary hearing, any time that the rescission charges are not based upon disciplinary charges or that the Board at the central office calendar orders an independent hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 5075 and 5076.1, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No. 5).
4. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2468. Procedures After Dismissal or Not Guilty.
Note • History
If the charges against the prisoner are dismissed, or if the prisoner is found not guilty of the charges, the prisoner shall be released on the scheduled release date. If the rescission proceedings result in the prisoner's being overdue for release, the prisoner shall be released immediately.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2932, Penal Code.
HISTORY
1. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2469. Procedures After Postponement.
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041, 3041.5, 3041.7, and 5076.1, Penal Code.
HISTORY
1. Amendment of subsection (c)(4) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(4) filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c)(2) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5. Repealer filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
§2470. Procedures After Rescission.
Note • History
Within ten days of any Board action resulting in the rescission of a parole date, the board shall send the prisoner a written statement setting forth the reasons for the rescission. Life and non-life 1168 prisoners shall also be notified that a parole consideration hearing will be held 12-60 months after the rescission hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3041.5, Penal Code.
HISTORY
1. Amendment of subsection (b)(3) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of section and Note filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
5. Amendment filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note • History
(a) Combined Hearing. If the hearing at which the parole date was postponed or rescinded was a combined hearing, the prisoner may appeal the decision under Department appeals procedures. The Department Chief, Appeals Section, shall coordinate the appeal with the second level of appeal of the Board.
(b) No Combined Hearing. If the hearing at which the release date was postponed or rescinded was not a combined hearing, the prisoner may appeal under the procedures of §§2050-2056.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code Reference: In re Muszalski, 52 Cal.App.3d 500 (1975).
HISTORY
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
3. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 2920-2926, Penal Code.
HISTORY
1. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
2. Repealer filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Article 3. Multi-Jurisdiction Regulations
Note • History
The rules contained in chapter 4, articles 1 and 2, shall apply to all multi-jurisdiction prisoners unless modified by the rules in this article. The Board at the central office calendar shall determine as specified in §2367(d) whether the multi-jurisdiction prisoner located outside California shall receive a telephone hearing or a hearing conducted in the incarcerating jurisdiction.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code Reference: Sections 1389.7 and 11193, Penal Code.
HISTORY
1. Amendment of article heading and section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2480. Pre-Rescission Hearing Procedures.
Note • History
(a) Multi-jurisdiction Prisoners Located in California. Pre-rescission hearings for multi-jurisdiction prisoners located in California shall be conducted as specified in §2467(a).
(b) Multi-jurisdiction Prisoners Located Outside California. Pre-rescission hearings for multi-jurisdiction prisoners located outside California shall be one of the following:
(1) Telephone Hearing. The pre-rescission hearing shall be conducted by a deputy commissioner who shall decide whether there is probable cause to believe the prisoner committed the violation charged. Guilt, innocence or possible punishment are not at issue in this hearing.
(2) Hearing Conducted in Incarcerating Jurisdiction. Hearings may be conducted for the Board by an official of the incarcerating jurisdiction. The official shall recommend to the Board whether there is probable cause to believe the prisoner committed the violation charged. Guilt, innocence or possible punishment are not at issue at this hearing. The official's recommendation and a record of the hearing shall be forwarded to the Board at the central office calendar where the final probable cause determination shall be made.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 5075, 5076.1 and 11193, Penal Code.
HISTORY
1. Amendment of subsection (b)(1) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
2. Amendment of section heading, section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2481. Rescission Hearing Procedures.
Note • History
(a) Multi-jurisdiction Prisoners Located in California. Rescission hearings for multi-jurisdiction prisoners located in California shall be conducted as specified in §2467(b).
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041 and 5076.1, Penal Code.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b)(1) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
3. Repealer of subsections (b)(1) and (b)(2) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
4. Amendment of section heading, section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
Note • History
(a) Multi-jurisdiction Prisoners Located in California. At any pre-rescission or rescission hearing the multi-jurisdiction prisoner located in California shall have the rights specified in §2465.
(b) Multi-jurisdiction Prisoners Located Outside California.
(1) Multi-jurisdiction Prisoners Receiving Telephone Hearings. At a pre-rescission or rescission telephone hearing the multi-jurisdiction prisoner located outside California shall have the rights specified in §2367, and the following rights:
(A) Notification of the Charges and the Supporting Evidence. The prisoner is entitled to receive a copy of the charges and the supporting evidence. (See §2465(a).)
(B) Witnesses. The prisoner shall have the right to request the presence of witnesses. (See §2465(c).)
(C) Notice of the Hearing. Notice of the hearing shall be given as soon as possible but no later than two weeks before the hearing.
(D) Record.
1. The record of the hearing for a life prisoner shall be a verbatim transcript.
2. The record of the hearing for a non-life 1168 or ISL prisoner shall be a tape recording.
(2) Multi-jurisdiction Prisoners Receiving Hearings in Incarcerating Jurisdictions. At any pre-rescission or rescission hearing held in the incarcerating jurisdiction the multi-jurisdiction prisoner shall have the rights specified in §2465.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041.5 and 3041.7, Penal Code.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2483. Postponement Review Hearing (Section 2469).
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041.5 and 3041.7, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (a) filed 5-1-80; effective thirtieth day thereafter.
3. Repealer filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2484. Postponement Review Hearing: Prisoner's Rights.
History
HISTORY
1. Repealer filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§2485. Rescission Rehearing: Prisoner Rights.
Note • History
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3041.7, Penal Code.
HISTORY
1. Amendment of subsection (b)(2) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of Section 2485 and renumbering of Section 2486 to Section 2485 filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18). For history of former section see Register 77, No. 44.
3. Repealer filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
Chapter 5. Parole Supervision
Article 1. Length and Conditions of Parole
Note • History
The prisoner shall be informed of the length and conditions of parole. The board shall establish and impose the special parole conditions and the length of parole within the statutory maximum for all life prisoners, nonlife 1168 prisoners, and ISL prisoners released on ISL parole dates. Under guidelines specified by the board the department shall establish and impose the special conditions of parole and the length of parole within the statutory maximum for all DSL prisoners and ISL prisoners released on DSL release dates as retroactively calculated. The department shall impose any special conditions recommended by the board for DSL prisoners and ISL prisoners released on DSL release dates.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000, 3052 and 3053, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Amendment of section heading, section and Note filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).
Note • History
(a) Definition. The notice of parole is a general description of rules and regulations governing parolees.
(b) Notice. The notice parole shall read as follows:
1. Release. You will be released on parole effective _______ for a period of _______. This parole is subject to the following notice and conditions. Should you violate any conditions of this parole, you are subject to arrest and the board may modify, suspend, or revoke your parole and/or order your return to custody. You have read or have had read to you these conditions of parole and you fully understand them. Whenever any problems arise or you do not understand what is expected of you, talk to your parole agent.
2. Extradition. You waive extradition to the State of California from any State or Territory of the United States, or from the District of Columbia. You will not contest any effort to return you to the State of California.
3. Psychiatric Returns. If the board determines that you suffer from a mental disorder which substantially impairs your ability to maintain yourself in the community or which makes you a danger to yourself or others, the board may order your placement in a community treatment facility or state prison, if necessary for treatment. The board may revoke your parole and order you returned to prison for psychiatric treatment if the necessary treatment cannot be provided in the community.
4. Search. You and your residence and any property under your control may be searched without a warrant at any time by any agent of the Department of Corrections or any law enforcement officer.
5. Detainer. If another jurisdiction has lodged a detainer against you, you may be released to the custody of that jurisdiction. Should you be released from their custody prior to the expiration of your California parole, or should the detainer not be exercised, you are to immediately contact the nearest Department of Corrections' Parole and Community Services Division Office for instructions concerning reporting to a parole agent.
6. Residence. The establishment and maintenance of a residence upon release from prison is critical to the successful reintegration of a parolee into society and is in the interest of the public.
7. Certificate of Rehabilitation. You have been informed and have received in writing the procedure for obtaining a Certificate of Rehabilitation.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3053, 3056, 3057 and 3060, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b)3. filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
3. Amendment of subsection (b)3. filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
4. New subsection (b)6. and renumbering filed 1-16-92; operative 2-17-92 (Register 92, No. 12).
5. Amendment of section heading, section and Note filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).
§2512. General Conditions of Parole.
Note • History
(a) The parole conditions are not a contract but are the specific rules governing all parolees whether or not the parolee has signed the form containing the parole conditions. A violation of any of these conditions of parole may result in the revocation of parole and the parolee's return to prison. The general conditions of parole shall read as follows:
``(1) Special conditions. Any special condition imposed by the department or the board.
(2) Release, Reporting, Residence and Travel. Unless other arrangements are approved in writing, you will report to your parole agent within 24 hours or the next working day if released on the day before a holiday or weekend. Your residence and any change of residence shall be reported to your parole agent in advance. You will inform your parole agent within 72 hours of any change of employment location, employer or termination of employment.
(3) Parole Agent Instructions. You shall comply with all instructions of your parole agent and will not travel more than 50 miles from your residence without his/her prior approval. You will not be absent from your county of residence for a period of more than 48 hours and not leave the State of California without prior written approval of your parole agent.
(4) Criminal Conduct. You shall not engage in criminal conduct. You shall immediately inform your parole agent if you are arrested for a felony or misdemeanor under federal, state, or county law.
(5) Weapons. You shall not own, use, have access to, or have under your control: (a) any type of firearm or instrument or device which a reasonable person would believe to be capable of being used as a firearm or any ammunition which could be used in a firearm; (b) any weapon as defined in state or federal statutes or listed in California Penal Code Section 12020 or any instrument or device which a reasonable person would believe to be capable of being used as a weapon; or (c) any knife with a blade longer than two inches, except kitchen knives which must be kept in your residence and knives related to your employment which may be used and carried only in connection with your employment; or (d) a crossbow of any kind.
(6) You shall sign the parole agreement containing the conditions of parole specified in this section and any special conditions imposed as specified in section 2513.”
NOTE
Authority cited: Sections 3000, 3052 and 5076.2, Penal Code; and Morrissey v. Brewer, 408 U.S. 471 (1972). Reference: Sections 3052, 3053, 3060.5 and 12020, Penal Code.
HISTORY
1. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
3. Amendment filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
4. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No. 24).
5. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
6. Amendment filed 3-11-87; effective thirtieth day thereafter (Register 87, No. 11).
7. Amendment of section filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
8. Amendment of subsection (a)(2) filed 1-16-92; operative 2-17-92 (Register 92, No. 12).
9. Amendment of subsection (a)(4) and Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
10. Change without regulatory effect amending subsection (a)(5) filed 5-21-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 21).
11. Repealer and new section and amendment of Note filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
12. Editorial correction restoring inadvertently omitted introductory paragraph (Register 2006, No. 36).
13. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).
§2513. Special Conditions of Parole.
Note • History
Special conditions may be established and imposed by the department or the board as provided in § 2510, and are in addition to the general conditions of parole. Special conditions include:
(a) “To participate in Psychiatric Treatment. You agree to participate in the psychiatric treatment program approved for you by the Parole and Community Services Division.” This special condition shall be imposed whenever the board, or the department psychiatric staff, have determined that treatment is required for successful adjustment on parole.
(b) “To abstain from Alcoholic Beverages. You agree to totally abstain from the use of any alcoholic beverages or liquors.” This special condition shall be imposed whenever the circumstances of the commitment offense are such that this condition is required by the provision of Penal Code section 3053.5. This special condition may also be imposed whenever the board or the department determines that such a condition is warranted by the circumstances of the case.
(c) “To Participate in Anti-Narcotic Testing. You agree to participate in anti-narcotic testing in accordance with instructions from a parole agent.” This special condition may be imposed if there is a documented or admitted history of controlled substances usage.
(d) “Residence. You shall maintain a residence with a street address or a dwelling location approved in writing by the Parole and Community Services Division.” This special condition shall be imposed on all parolees required to register under the provisions of Penal Code sections 290 and 457.1, and Health and Safety Code section 11590.
(e) “Gang Participation. You will not actively participate in, promote, further or assist in any prison gang, disruptive group, or criminal street gang activity as enumerated in Penal Code section 186.22(e), nor violate any gang abatement injunction, ordinance, or court order. You will not associate with any prison gang, disruptive group, or street gang member, nor wear or carry on your person, gang colors or any sign, symbol, or paraphernalia associated with gang activity.” These special conditions may be imposed if there is a history of street gang, disruptive group, or prison gang membership, affiliation, or association.
As used in title 15, division 2, a disruptive group is defined as any gang other than a prison gang; a prison gang is defined as any gang which originated and has its roots within the department or any other prison system; and a criminal street gang is defined as any formal or informal organization, association, or group of three or more persons having as one of its primary activities the commission of a criminal act enumerated in Penal Code section 186.22(e), or planning, organizing, threatening, financing, or soliciting such acts. A gang is also defined as a group having a common identifying sign or symbol, whose members individually or collectively engage in, or have engaged in, repetitive or escalating non-criminal activities which the board determines to be a threat to public safety.
Only those gang tattoos received prior to parole are not considered to be a violation of this special condition.
(f) A special condition of parole which requires the parolee to participate in a residential program shall not be imposed without a Special Condition/Placement Hearing by the Board conducted in accordance with due process as defined in revocation procedures, Title 15, Division 2, Chapter 6, Article 3.
(1) A parolee with parole revocation charges shall have the review for Special Condition/Placement conducted concurrently with the Revocation Hearing.
(2) A parolee without parole revocation charges shall be afforded appropriate notification per § 2643 prior to the Special Condition/Placement Hearing.
(3) Waiver. A parolee may waive his right to a Board hearing pursuant to § 2641. If the parolee waives his right to a Board hearing, the Board, upon receipt of notification, may impose the special condition of parole that the parolee must participate in the residential program up to the statutory maximum (see § 2515).
(g) Other. Any other condition deemed necessary by the Board or the Department due to unusual circumstances. This special condition shall be imposed whenever warranted by unusual circumstances. The reasons for its imposition shall be sufficiently documented in the parolee's case records to explain the need for imposition.
NOTE
Authority cited: Sections 3052, 3068 and 5076.2, Penal Code. Reference: Sections 186.22, 290, 457.1, 3052, 3053, 3053.2, and 3053.5, Penal Code; and Section 11590, Health and Safety Code.
HISTORY
1. Amendment of section title 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of subsection (d) and subsection relettering filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
3. Amendment of subsection (d), and renumbering and amendment of NOTE filed 1-16-92; operative 2-17-92 (Register 92, No. 12).
4. Amendment of subsection (d), new subsection (e), subsection relettering, and amendment of NOTE filed 9-5-97 as an emergency; operative 9-5-97 (Register 97, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 9-5-97 order, including additional amendment of subsection (a), transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
6. New subsections (f)-(f)(3), subsection relettering, amendment of newly designated subsection (g), and amendment of Note filed 2-16-99 as an emergency; operative 2-16-99 (Register 99, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-16-99 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-16-99 order transmitted to OAL 5-17-99 and filed 6-15-99 (Register 99, No. 25).
8. Change without regulatory effect amending subsection (e) filed 6-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
9. Amendment of section heading, section and Note filed 5-1-2006 as an emergency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Compliance must be transmitted to OAL by 8-29-2006 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (c)(2) (Register 2006, No. 36).
11. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2006, No. 43).
§2513.1. Special Conditions of Parole for Sex Offenders Undergoing Chemical Treatment.
Note • History
If an individual is undergoing chemical hormone treatment pursuant to Penal Code section 645, the Board shall require, and the Department shall institute, the following special condition:
“Sex Offender Chemical Treatment. Pursuant to court order, you shall undergo the medroxyprogesterone acetate (or its chemical equivalent) treatment program approved for you by the Department.”
NOTE
Authority cited: Sections 3052 and 5076.1, Penal Code. Reference: Section 645, Penal Code.
HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
§2513.2. Hearings for Sex Offenders Undergoing Chemical Treatment.
Note • History
Any sex offender convicted and sentenced under Penal Code section 645 shall begin medroxyprogesterone acetate (or its chemical equivalent) treatment one week prior to release from confinement in the state prison or other institution and shall continue treatments until the Department demonstrates to the Board that treatment is no longer necessary.
(a) If the Department determines that the parolee's medical condition requires the termination of the treatment, the Department will immediately transmit a written notification from a medical doctor so stating to the Chairman or the Executive Officer of the Board. The Chairman or the Executive Officer shall issue a temporary order to discontinue the treatment pending a parole revocation hearing.
(b) If the Department determines that treatment is no longer necessary, the Department shall send written notification to the Board. The Board will thereafter hold a hearing before a commissioner or deputy commissioner to determine whether the Department has demonstrated that treatment is no longer necessary.
NOTE
Authority cited: Sections 3052 and 5076.1, Penal Code. Reference: Section 645, Penal Code.
HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
Note • History
The board may, for good cause, waive parole and discharge any prisoner. An 1170 prisoner or the department may request waiver of parole under the procedures of Sections 2525-2526.
A prisoner whose parole date was set by the board and who desires a waiver shall request a waiver of parole to the hearing panel at the time of the board action setting or modifying the parole date.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Penal Code.
HISTORY
1. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
Note • History
(a) General. The department shall establish the length of parole for ISL prisoners released on retroactively calculated DSL release dates and for DSL prisoners. The board shall establish the length of parole for ISL prisoners released on ISL parole dates, non-life 1168 prisoners and life prisoners. The board may waive parole for any prisoner and may review, upon request, the length of parole set by the department (see § 2525-§ 2526).
The board shall discharge a prisoner who has a three-year period of parole within 30 days following one year on continuous parole, unless the board finds good cause to retain the parolee on parole. The board shall discharge a parolee who has a five-year period of parole within 30 days following three years on continuous parole, unless the board finds good cause to retain the parolee on parole. A parolee has been on continuous parole if he/she has not absconded parole supervision or had parole revoked since initial release on parole. Any time during which the parolee has absconded from supervision while on parole or during a period of revocation shall not be credited to the period of parole.
The parole period may be extended pursuant to revocation proceedings. The parole period shall be extended for an amount of time equal to that ordered as the revocation period. The extension of the period of parole pursuant to revocation shall not exceed the maximum period of parole.
(b) DSL and Non-life 1168 Prisoners: Offenses After January 1, 1979. A DSL or non-life 1168 prisoner who was sentenced to state prison for an offense committed on or after January 1, 1979, is subject to a three-year parole period, unless the board or the department sets a shorter period of parole. The maximum period of parole is four years.
(c) ISL, DSL and Non-life 1168 Prisoners: Offenses On or Before December 31, 1978. An ISL, DSL or non-life 1168 prisoner who was sentenced to prison for an offense committed on or before December 31, 1978, is subject to a one-year parole period, unless the board or the department sets a shorter period of parole. The maximum period of parole is eighteen months.
(d) Life Prisoners: Offenses After January 1, 1979. A life prisoner who was sentenced to state prison for an offense committed on or after January 1, 1979, is subject to a five-year parole period, unless the board sets a shorter period of parole. The maximum period of parole is seven years.
(e) Life Prisoners: Offenses On or Before December 31, 1978. A life prisoner sentenced to state prison for an offense committed on or before December 31, 1978, is subject to a three-year parole period, unless the board sets a shorter period of parole. The maximum period of parole is four years.
(f) Life Prisoners: Murder offense on or after January 1, 1983. A life prisoner who was sentenced to prison for a murder committed on or after January 1, 1983, is subject to a parole period of life.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3000.1, 3001, 3002, Penal Code (Stats. 1978, c. 582) and 3064, Penal Code; In re Thompson (1980) 104 Cal.App.3d 950; In re Harper (1979) 96 Cal.App.3d 138; and In re Carr (1995) 38 Cal.App.4th 209.
HISTORY
1. Amendment filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).
2. Certificate of Non-compliance reinstating section as it existed prior to emergency amendment transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Amendment filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsections (b) and (c) and new subsections (d), (e) and (f) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (a) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
9. New subsection (f) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections (a)-(c) and amendment of Note filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).
Article 2. Reconsideration of Length and Conditions of Parole
Note • History
For prisoners whose length and conditions of parole were imposed by the board, reconsideration of the length and conditions as originally imposed or later modified shall be by appeal as provided in Sections 2050-2056. For prisoners whose length and conditions of parole were imposed by the department, reconsideration of the length and conditions as originally imposed or later modified shall be as provided in this article.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000 and 5077, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of Article 2 (Sections 2525-2528) and new Article 2 (Sections 2525-2526) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
Note
Prisoners whose length and conditions of parole were established by the department shall first appeal through department appeal procedures (Title 15, California Administrative Code, Section 3003). When the department appeal is final, the prisoner may request board review by following the procedures in Sections 2050-2056.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000 and 5077, Penal Code.
History
A prisoner or parolee objecting to the decision after reconsideration may appeal the decision under the procedures of Section 2050-2057.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
Article 3. Discharge
Note • History
(a) General. At the discharge review the Board shall consider the parolee's adjustment in prison and on parole and any other information relevant to determining whether the parolee should be discharged or retained under parole supervision.
(b) Scheduling.
(1) Three-Year Parolees. The review for those parolees who are subject to a three-year parole period as provided in § 2515(b) shall be performed during the thirteenth month of continuous parole, except for those who were committed for violent felonies as listed in Penal Code section 667.5(c), in which case the review shall be performed during the twenty-fifth month of continuous parole.
(2) Five-Year Parolees. This review shall be performed during the 37th month of continuous parole for parolees subject to a five-year parole period as provided in Section 2515(d).
(3) Life Parolees. This review shall be performed during the 85th month of continuous parole for first degree murder parolees and during the 61st month of continuous parole for second degree murder parolees.
(4) Continuous Parole. A parolee has been on continuous parole if the parolee has not absconded parole supervision or had parole revoked since initial release on parole. A parolee has not been on continuous parole if he/she has been ordered returned to custody for psychiatric attention. A return to custody period for psychiatric attention which is added to the parole period shall change the parolee's discharge review date, but shall not affect the parolee's controlling discharge date.
(5) One- and Three-Year Parolees. Parolees who were sentenced to prison for offenses committed on or after July 1, 1977, but on or before December 31, 1978, shall not be scheduled for discharge review hearings. These parolees will discharge after one or three years on parole or at the expiration of the maximum period of parole (see § 2515(c) and (e)).
(c) Prisoner Rights. The prisoner does not have a right to a personal appearance during the review. The parolee shall receive a copy of the board's decision, including the reasons for a decision not to discharge the parolee. The parolee may appeal a refusal to discharge as provided in § 2050-§ 2056.
If the Board does not discharge the parolee, the Board shall review the case annually thereafter until discharge. Subsequent reviews shall be performed as provided in this section.
(d) Criteria. Factors tending to indicate there is good cause to retain a parolee on parole include:
(1) Commitment Offense. The parolee was committed to prison for several offenses, for an offense involving weapons or great bodily harm, for an offense which was part of large scale criminal activity or for an offense which caused considerable concern in the local community.
(2) Institutional Adjustment. While in prison the parolee was involved in serious gang activities or in general acts of violence.
(3) Parole Adjustment. While on parole the parolee has been involved in criminal activity even if that activity did not result in revocation of parole, has been using drugs, has been involved in gang activities, is currently undergoing criminal prosecution or is being investigated for possible prosecution. For parolees whose commitment offense is described in Penal Code section 1192.7(c), engaging in any criminal conduct or other conduct described in § 2616(a) or (b) at any time while on parole shall be deemed good cause to retain that parolee on parole. For any parolee, engaging in any conduct described in § 2616(a) at any time while on parole shall be deemed good cause to retain the parolee on parole.
(4) Placement Returns. The parolee has been returned to custody for controlled substance or psychiatric treatment.
(5) Supervision Needed. The parolee is in special need of continued supervision for the safety of the parolee or of the public.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000.1, 3001, Penal Code (Stats. 1978, c. 582 and Stats. 1982, c. 1406); In re Carr (1995) 38 Cal.App.4th 209.
HISTORY
1. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2537) filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52). For prior history, see Registers 78, No. 14 and 77, No. 44.
2. Certificate of Non-compliance reinstating Article 3 as it existed prior to emergency repealer transmitted to AH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections 2535-2536) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsection (c) filed 6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
8. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections (b)-(d) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
9. Amendment of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
11. Amendment of subsections (b)(1) and (d)(3) and Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
12. Amendment of section and Note filed 10-22-98 as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-19-99 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99 and filed 2-10-99 (Register 99, No. 7).
Note • History
A prisoner or parolee may request a period of parole shorter than the period of parole specified in § 2515. If the board sets the length of parole, the prisoner or parolee may request a shorter period of parole at a parole consideration or revocation hearing. If the department sets the length of parole, the prisoner or parolee may request a shorter period of parole from the department and may request subsequent review by the board (see Sections 2525-2526). The board may grant an early discharge upon its own motion.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Penal Code (Stats. 1978, c. 582).
HISTORY
1. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
2. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
§2536.1. Review of Parole Discharge Recommendation After 180 Days of Parole Supervision. [Repealed]
Note • History
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076, Penal Code. Reference: Section 3000, Penal Code
HISTORY
1. New section filed 10-9-2007 as an emergency; operative 10-9-2007 (Register 2007, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-7-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-27-2008 as an emergency; operative 3-27-2008 (Register 2008, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-25-2008 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2008, No. 39).
Note • History
If a parolee has not been discharged under Section 2535 or 2536, the parolee shall discharge after serving the maximum period of parole specified in Section 2515.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Penal Code.
HISTORY
1. New section filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
Article 4. Multijurisdictional Regulations
History
(a) Concurrent Parolees. All concurrent an California concurrent parolees may also have parole conditions established by the authorities of the incarcerating jurisdictions in addition to the California Notice and Conditions. Only the authorities of the incarcerating jurisdiction can modify the parole conditions they have established for concurrent and California concurrent parolees.
(b) Cooperative Parolees. Cooperative parolees shall be supervised in the receiving state by the authorities of the receiving state according to the same standards which prevail for its own parolees.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2546. Reconsideration of Length and Conditions of Parole.
Note • History
(a) Board Established Length and Conditions of Parole. For multijurisdiction prisoners and multijurisdiction parolees whose length and conditions of parole were set by the board, reconsideration shall be by appeal as provided in Sections 2073-2075. For multijurisdiction prisoners who are released to supervision in a California community, reconsideration shall be by appeal as provided in Sections 2050-2056.
(b) Department Established Length and Conditions of Parole. Multijurisdiction prisoners and parolees whose length and conditions of parole were set by the department must first appeal the department's decision through the department appeal process (See Title 15, California Administrative Code, Section 3003). The board will not consider the request until the department appeal is final. When the department appeal is final the prisoner may request board reconsideration of the department established length and conditions of parole. For multijurisdiction prisoners who are released to supervision in California community, board reconsideration of a department set length and conditions of parole shall be as specified in Sections 2525-2526.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5077, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
§2547. Filing the Request for Reconsideration.
Note • History
The multijurisdiction prisoner or parolee must file the request for reconsideration within 30 days of notice of the department's final decision. The request shall be prepared as specified in Section 2526.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5077, Penal Code.
HISTORY
1. Amendment filed 12-28-79 as procedural and organizational; designated effective 1-1-80 (Register 79, No. 52).
§2548. Submitting the Request.
The multijurisdiction prisoner or parolee shall submit the request to the person responsible for the prisoner's or parolee's first level of appeal as provided in § 2074. Department staff shall log the appropriate information when the request is received. This information shall include the name and number of the person filing the request, the date the request was received, and the date the request was forwarded to the board.
A multijurisdiction prisoner or parolee objecting to the decision on reconsideration may appeal the decision as provided in Sections 2074-2075.
Article 5. Mentally Disordered Offender Certification and Hearing Procedures
Note • History
For the purposes of this article the following terms mean:
(a) Certification Hearing: A hearing conducted by the board for the purpose of determining whether or not a prisoner meets the criteria to be treated as a mentally disordered offender pursuant to Penal Code section 2962.
(b) Independent Professional: Psychiatrists and Licensed Psychologists with a doctoral degree in psychology on lists submitted to the board by Department of Corrections and the State Department of Mental Health.
(c) Inpatient Treatment: Mental health treatment provided in a secure facility of the State Department of Mental Health.
(d) Mentally Disordered Offender: A prisoner who meets the criteria for mental health treatment as a condition of parole pursuant to Penal Code section 2962.
(e) Placement Hearing: A hearing conducted by the board to determine whether a prisoner shall be treated as an inpatient or an outpatient.
(f) Outpatient Treatment: Mental health treatment provided by a local outpatient program specified by the State Department of Mental Health.
(g) Remission: A finding that the overt signs and symptoms of the severe mental disorder are controlled either by psychotropic medication or psychosocial support.
(h) “Cannot Be Kept in Remission Without Treatment”: A person “cannot be kept in remission without treatment” if during the year prior to the question being before the board or a trial court, he or she has been in remission and he or she has been physically violent, except in self-defense, or he or she has made a serious threat of substantial physical harm upon the person of another so as to cause the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family, or he or she has intentionally caused property damage, or he or she has not voluntarily followed the treatment plan. In determining if a person has voluntarily followed the treatment plan, the standard shall be whether the person has acted as a reasonable person would in following the treatment plan.
(i) Serious Bodily Injury: “Serious Bodily Injury” means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussions; bone fracture; protracted loss or impairment of functions of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.
(j) Severe Mental Disorder: An illness or disease or condition which substantially impairs the person's thought, perception of reality, emotional process, or judgment; or which grossly impairs behavior; or which demonstrates evidence of an acute brain syndrome for which prompt remission in the absence of treatment is unlikely.
“Severe Mental Disorder” does not include a personality or adjustment disorder, epilepsy, mental retardation orother developmental disabilities, or addiction to or abuse of intoxicating substances.
(k) Annual Review Hearing. An annual hearing conducted by the board if the parolee is retained on parole under the provisions of Penal Code section 3001 to determine whether the parolee continues to meet the criteria set forth in Penal Code section 2962; and if the parolee is still an inpatient, whether he or she shall be treated as an inpatient or outpatient.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 243, 2962, 2964, 2966, 2978(a) and 3001, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. New subsection (k) and amendments to reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2571. Criteria for Certification as Mentally Disordered Offender.
Note • History
As a condition of parole, a prisoner who meets the following specified criteria shall be required to be treated by the State Department of Mental Health and the State Department of Mental Health shall provide the necessary treatment:
(a) The prisoner has a severe mental disorder.
(b) The mental disorder is not in remission, or cannot be kept in remission without treatment.
(c) The severe mental disorder was one of the causes of or was an aggravating factor in the commission of a crime for which the prisoner was sentenced to prison.
(d) The crime referred to in section 2571, subdivision (c), for which the prisoner was sentenced to prison, must have been a crime in which the prisoner used force or violence, or caused serious bodily injury, and must have occurred on or after January 1, 1986.
(e) The prisoner has been in treatment for the severe mental disorder for ninety (90) days or more within the year prior to the prisoner's parole or release.
(f) The prisoner represents a substantial danger of physical harm to others by reason of his or her severe mental disorder. Substantial danger of physical harm does not require proof of a recent overt act.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2962 and 2980, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (e) and new subsection (f) and amendments to reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note • History
(a) Prior to release on parole, or imposition of a special condition of mental health treatment under the provisions of Penal Code sections 2960 through 2980, the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Mental Health shall evaluate the prisoner at a facility of the Department of Corrections, and a Chief Psychiatrist of the Department of Corrections shall certify to the board that the prisoner has a severe mental disorder, that the disorder is not in remission, or cannot be kept in remission without treatment, that the severe mental disorder was one of the causes or was an aggravating factor in the prisoner's criminal behavior, that the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day, and that the prisoner used force or violence or caused serious bodily injury in committing the crime referred to in section 2571, the crime occurred on or after January 1, 1986, and that by reason of his or her severe mental disorder, the prisoner represents a substantial danger of physical harm to others.
(b) The certification shall contain a clear statement that the prisoner does or does not meet the criteria of Penal Code section 2962 and all supporting documentation leading to the conclusion shall be attached.
(c) The certification evaluations shall be conducted at a facility of the Department of Corrections or the State Department of Mental Health by the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of Mental Health or Department of Corrections. A Chief Psychiatrist of the Department of Corrections will complete the certification. For prisoners being treated by the State Department of Mental Health pursuant to Penal Code section 2684, the certification shall be by a Chief Psychiatrist of the Department of Corrections, and the evaluations shall be done at a state hospital by the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the Department of Corrections.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2962 and 2980, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (a) and reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2573. Board of Prison Terms' Review of Certifications.
Note • History
(a) The board's Central Office Calendar Deputy Commissioner shall review the Department of Corrections' certification to the board to ascertain if the psychiatrists or psychologists conducting the evaluation did or did not concur that:
(1) The prisoner has a severe mental disorder; or
(2) The disorder is not in remission or cannot be kept in remission without treatment; or
(3) That the severe mental disorder was a cause of, or aggravated the prisoner's criminal behavior.
The Deputy Commissioner shall also review the supporting documents to ascertain whether or not the conclusions are supported by the facts contained in the supporting documents.
(b) If it is ascertained that there was a difference of opinion concerning any of the above, the board shall appoint two (2) independent psychiatrists or licensed psychologists from the approved lists, provided by the State Department of Mental Health and the Department of Corrections to evaluate the prisoner to determine if he or she meets the criteria of Penal Code section 2962. Only if both independent professionals concur with the chief psychiatrist's certification, shall the provisions of Penal Code section 2962 be applicable to the prisoner.
Prior to release on parole, the board's Central Office Calendar shall review the certification to determine if the prisoner meets the criteria required for treatment as a mentally disordered offender.
(c) If the board finds that the criteria of Penal Code section 2962 are met it shall order the prisoner's treatment by the State Department of Mental Health as a condition of parole.
(d) The board shall notify the appropriate Department of Corrections Classification and Parole Representative prior to the prisoner's release date that either:
(1) It has ordered the prisoner be treated by the Department of Mental Health pursuant to Penal Code section 2962, or
(2) It does not find that the criteria of Penal Code section 2962 are met and the Department of Corrections is to proceed with normal parole procedures.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2962 and 2978, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment to reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2574. Notification to Prisoner/Parolee.
Note • History
Upon receipt of the board's certification review action by the Classification and Parole Representative, the Department of Corrections staff shall inform the prisoner of the decision. If treatment has been ordered as a condition of parole pursuant to Penal Code section 2962, the prisoner shall be served with conditions of parole which will reflect the special condition of treatment in addition to any others, be informed in writing of the right to request a hearing, and that he/she has the right to request an evaluation by two independent professionals from the approved lists provided by the State Department of Mental Health and the Department of Corrections. If applicable, the prisoner shall also be processed for transfer to a designated State Department of Mental Health facility.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 2966, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment to reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2575. Prisoner's Options Following Notification of Special Condition of Parole.
Note • History
Upon notification of the board ordered special condition of parole of treatment pursuant to Penal Code section 2962, the prisoner has the following options:
(a) Sign the special condition of parole imposed pursuant to Penal Code section 2962 and be transferred to a State Department of Mental Health facility.
(b) Refuse to sign the special condition of parole imposed pursuant to Penal Code section 2962 and be scheduled for a parole revocation hearing with counsel pursuant to Penal Code section 3060.5.
(c) Sign the special condition of parole imposed pursuant to Penal Code section 2962 and request a certification hearing before the board.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2962 and 3060.5, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (a) and reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note • History
(a) The purpose of a certification hearing is to determine whether or not the prisoner/parolee, in fact, meets the criteria required for treatment by the State Department of Mental Health as a condition of parole as set forth in Penal Code section 2962.
(b) (1) The standard of proof used by the board at this hearing shall be a preponderance of evidence standard.
(2) The burden of proof to establish that the prisoner meets the criteria set forth in Penal Code section 2962 shall be on the person or agency that so certified.
(3) The prisoner/parolee shall have the rights specified in §§2245-2256.
(4) An attorney shall be appointed or retained to represent the prisoner or parolee. Attorney waivers will not be accepted.
(5) The prisoner shall be informed that he/she has the right to request an evaluation by two independent professionals from the approved list provided by the State Department of Mental Health and the Department of Corrections. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as defined in Penal Code section 2978.
(6) The record of the hearing shall be a tape recording.
(7) Written Decision. The prisoner and his or her attorney shall receive a copy of the decision specifying the decision, the information considered, and the reasons for the decision.
(8) A prisoner may appeal a certification hearing decision pursuant to § 2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
(10) The prisoner shall be informed at the hearing of his or her right to request a trial on whether he or she meets the criteria of Penal Code section 2962.
(11) The board shall provide a prisoner who requests a trial a petition form and instructions for filing the petition.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2966 and 2978, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(5) and reference citation, and new subsection (b)(11) filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).
§2577. Mental Health Treatment Program.
Note • History
(a) The mental health treatment required as a condition of parole by the board shall be inpatient unless the State Department of Mental Health certifies to the board that there is reasonable cause to believe the parolee can be safely and effectively treated on an outpatient basis, in which case the board shall permit the State Department of Mental Health to place the parolee in an outpatient program specified by the State Department of Mental Health.
(b) Before deciding to seek revocation of the parole of a parolee receiving mental health treatment pursuant to Penal Code section 2962, and returning the parolee to prison, the parole agent shall consult with the Director of the parolee's outpatient program.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 2964, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment to reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
Note • History
(a) If the State Department of Mental Health has not placed a parolee on outpatient treatment within sixty (60) days after receiving custody of the parolee or after parole is continued pursuant to Penal Code section 3001, the parolee may request a hearing before the board to determine whether he or she shall be treated as an inpatient or an outpatient.
(b)(1) The standard of proof used at this hearing shall be a preponderance of the evidence standard.
(2) The burden of proof shall be on the State Department of Mental Health to establish that the prisoner requires inpatient treatment.
(3) The prisoner/parolee shall have the rights specified in §§2245-2256.
(4) An attorney shall be appointed or retained to represent the prisoner or parolee. Attorney waivers will not be accepted.
(5) Parolees shall be informed that they have a right to request evaluations by two (2) independent professionals from the approved list provided by the Department of Corrections and the State Department of Mental Health. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as defined in Penal Code section 2978.
(6) The record of the hearing shall be a tape recording.
(7) Written Decision--The parolee and his attorney shall receive a copy of the decision specifying the decision, the information considered and the reasons for the decision.
(8) A parolee may appeal a placement hearing decision pursuant to §2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 2964, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(4) and reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).
Note • History
Certification for mental health treatment pursuant to Penal Code section 2962 does not eliminate the requirement that P&CSD shall report behavior to the board as specified in section 2616(a), or violation of the board imposed special conditions of parole. This policy applies to parolees on inpatient or outpatient status.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 2962, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of reference citation filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
§2580. Discharge Review and Annual Review Hearings.
Note • History
(a) If the P&CSD at the time of the review required by § 2535 recommends that the parolee be retained on parole and to reaffirm the special condition of treatment by the State Department of Mental Health, and the decision of central office calendar is to retain and reaffirm, the parolee is entitled to an Annual Review Hearing conducted under the provisions of subdivision (b) of this section.
(b) The purpose of the hearing is to determine whether:
(1) The parolee has a severe mental disorder. The parolee's severe mental disorder is not in remission or cannot be kept in remission without treatment.
(2) The crime occurred on or after January 1, 1986.
(3) The prisoner represents a substantial danger of physical harm to others by reason of his or her severe mental disorder.
(4) The parolee can be safely and effectively treated on an outpatient basis if the parolee is still being treated as an inpatient.
(c)(1) The standard of proof used by the board at this hearing shall be a preponderance of the evidence standard.
(2) The burden of proof shall be on the State Department of Mental Health to establish that the parolee is not in remission or cannot be kept in remission without treatment and requires further treatment.
(3) The parolee shall have the rights specified in §§ 2245-2256.
(4) An attorney shall be appointed or retained to represent the parolee. Attorney waiver will not be accepted.
(5) The record of the hearing shall be a tape recording.
(6) Parolees shall be informed that they have a right to request evaluation by two (2) independent professionals from the approved list provided by the Department of Corrections and State Department of Mental Health. If the prisoner or any person appearing on his or her behalf at the hearing requests it, the board shall appoint two independent professionals as defined in Penal Code section 2978.
(7) The parolee and attorney shall receive a copy of the decision specifying the decision, the information considered, and the reasons for the decision.
(8) A parolee may appeal the decision pursuant to § 2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
(10) The parolee shall be informed at the hearing of his or her right to request a trial under the provisions of law.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2962, 2964, 2966, 2978 and 2980, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days of emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code section 11346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (b) and (c) and reference citations filed 2-4-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (a), (b)(1), (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emergency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-29-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL 10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).
Chapter 6. Parole Revocation
Article 1. Parole Hold Policy
Note • History
A parole agent may impose a parole hold only when the parole agent determines that the parolee falls within the criteria listed in Section 2601, and there is probable cause to believe the parolee has violated parole.
The hold decision must be made in every case regardless of the type of crime or parole violation with which the parolee is charged and regardless of whether another criminal justice agency is detaining the parolee.
A parole agent may place a parole hold on a parolee when he is already confined as the result of a new criminal charge or may arrest a parolee and place him in a local jail facility on a parole hold pending investigation of alleged parole violations.
The fact that a parolee has been released on bail or his own recognizance does not serve as a substitute for the parole agent's decision to place a hold. The board must consider the threat to the community. A case may be presented to the board at the central office calendar for a decision regarding the placement of a parole hold.
An absconder whose parole has been suspended and who has been subsequently apprehended, but who does not require the placement of a parole hold under one of the criteria listed in Section 2601 should be reported to the board at the central office calendar to be reinstated on parole pending further determination, and any outstanding warrants should be recalled.
The primary concern shall be for public safety.
NOTE
Authority cited: Section 3052, Penal Code. Reference: Sections 3000(b)(7) and 3060, Penal Code.
HISTORY
1. New final paragraph and Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
§2600.1. Sexually Violent Predator Screening, Holds, and Board Determinations.
Note • History
(a) Upon notification from the Division of Adult Institutions, Department of Mental Health, or Board of Parole Hearings (board) staff that either an inmate or parolee in revoked status may or does require a full evaluation pursuant to subdivisions (c) through (i) inclusive of Welfare and Institutions Code section 6601 to determine whether that person may be subject to commitment as a sexually violent predator, the board may order imposition of a temporary hold on the person for up to three (3) working days beyond their scheduled release date pending a good cause determination by the board pursuant to section 6601.3 of the Welfare and Institutions Code where exceptional circumstances preclude an earlier evaluation by the person pursuant to section 6601 of the Welfare and Institutions Code.
(b) Staff shall document that either inmates or parolees in revoked status subject to the temporary hold in subdivision (a) of this section either have been screened or are in the process of being screened as a person likely to be a sexually violent predator pursuant to Welfare and Institutions Code section 6601(b). The good cause determination by the board pursuant to subdivisions (c) and (d) of this section must occur within the time period of the temporary hold.
(c) Board determinations pursuant to Welfare and Institutions Code section 6601.3 shall be conducted by one commissioner or one deputy commissioner.
(d) For purposes of this section, good cause to place a 45-day hold pursuant to Welfare and Institutions Code section 6601.3 exists when either the inmate or parolee in revoked status is found to meet all the following criteria:
(1) Some evidence that the person committed a sexually violent offense by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person on, before, or after January 1, 1996, which resulted in a conviction or a finding of not guilty by reason of insanity of one or more felony violations of the following Penal Code Sections: 261, 262, 264.1, 269, 286, 288, 288(a), 288.5, 289 or any felony violation of sections 207, 209 or 220, committed with the intent to commit a violation of sections 261, 262, 264.1, 286, 288, 288a, or 289. The preceding felony violations must be against one or more victims.
If the victim of one of the felony violations listed above is a child under 14, then it is considered a sexually violent offense.
A prior finding of not guilty by reason of insanity for an offense described in this subdivision, a conviction prior to July 1, 1977 for an offense described in this subdivision, a conviction resulting in a finding that the person was a mentally disordered sex offender, or a conviction in another state for an offense that includes all of the elements of an offense described in this subdivision, shall also be deemed to be a sexually violent offense, even if the offender did not receive a determinate sentence for that prior offense.
(2) Some evidence that the person is likely to engage in sexually violent predatory criminal behavior.
(e) Holds imposed under this section shall start the day following the scheduled release date of the inmate or parolee in revoked status and will terminate no later than the 45th day following the scheduled release date. Holds shall terminate sooner if the person is not referred to the Department of Mental Heath as a result of the screening process or upon a determination by the Department of Mental Health that the person is not a sexually violent predator or upon superior court decisions pursuant to Welfare and Institutions Code sections 6601.5 or 6602.
(f) The parole period of any person found to be a sexually violent predator shall be tolled until that person is found no longer to be a sexually violent predator, at which time the period of parole or any remaining portion thereof shall begin to run.
NOTE
Authority cited: Section 12838.4, Government Code; and Sections 3052 and 5076.2 Penal Code. Reference: Sections 6600, 6600.1, 6601 and 6601.3, Welfare and Institutions Code; and Section 3000, Penal Code.
HISTORY
1. New section filed 12-26-95 as an emergency; operative 1-1-96 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-30-96 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-26-95 order transmitted to OAL 4-24-96 and filed 6-6-96 (Register 96, No. 23).
3. Amendment of subsections (b)-(c)(3) and (e), new subsection (f) and amendment of Note filed 1-24-97 as an emergency; operative 1-24-97 (Register 97, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-26-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-24-97 order, including further amendment of subsection (c)(1), transmitted to OAL 4-11-97 and filed 5-15-97 (Register 97, No. 20).
5. Amendment of section heading, section and Note filed 4-18-2007 as an emergency; operative 4-18-2007 (Register 2007, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2007 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-18-2007 order, including amendment of subsections (d) and (d)(1), transmitted to OAL 10-15-2007 and filed 11-29-2007 (Register 2007, No. 48).
§2601. Criteria for Placement of a Parole Hold.
Note • History
(a) A parolee suspected of a parole violation may be detained by a parole hold for any of the following reasons:
(1) He is a danger to himself.
(2) He is a danger to the person or property of another.
(3) He may abscond.
(b) In addition, a parole hold may be placed where the parolee is alleged to be a person described in Section 2616(a)(14).
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3056, Penal Code.
HISTORY
1. Amendment of section title filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
3. Change without regulatory effect amending subsection (b) filed 5-8-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 19).
Note • History
Examples of factors to be considered in deciding whether to place a parole hold include:
(a) The emotional or mental health of the parolee resulting in the parolee being a danger to self or others, or being unable to adequately take care of himself or herself.
(b) The presence of drug or alcohol abuse. If drug or alcohol abuse is the only factor warranting a parole hold, the parolee should be placed in jail on a parole hold only when there is no suitable alternative available, such as a hospital or detoxification center with adequate security.
(c) The seriousness of the alleged parole violation.
(d) Prior instances of assaultive behavior when the present violation relates to danger to others.
(e) Involvement in the transportation, sale, or distribution of narcotics or dangerous restricted drugs.
(f) Present threats of violence.
(g) Repeated unlawful conduct during the parolee's current parole in contrast to a “one-time” incident.
(h) Record of escapes from custody or absconding from parole, probation or bail.
(i) Nomadic geographical pattern of prior arrests.
(j) Employment history and stability.
(k) Residential pattern.
(l) Nature of family and community relationships.
(m) Necessary psychiatric treatment cannot be obtained in the community.
(n) Conduct indicating that the parolee's mental condition has deteriorated such that the parolee is likely to engage in future criminal behavior.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code; and Terhune v. Superior Court (Whitley), 65 Cal.App.4th 864. Reference: Section 3056, Penal Code.
HISTORY
1. Amendment of subsection (a) and new subsection (m) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
2. New subsection (n) and amendment of Note filed 8-26-98 as an emergency; operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-26-98 order transmitted to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).
§2603. Review of a Parole Hold.
(a) Initial Review. As soon as possible, but no later than 4 days after the placement of a parole hold, the parole agent must have a case conference with the unit supervisor to determine whether the parole hold should be continued.
(b) Replacing a Parole Hold. Once a parole hold is dropped, it should not be replaced unless new information has been received which indicates that the parolee falls within Section 2601. If the parole hold is replaced, the parolee shall be given the reasons in writing as provided in Section 2604.
(c) Later Removal of a Parole Hold. In appropriate cases, the district administrator may later remove a parole hold.
(d) Board Review. The board is authorized to order a parole hold placed, replaced, or removed at any time. The board decision regarding a parole hold is final. On a semi-annual basis the P&CSD shall provide the board information regarding the use of parole holds.
§2604. Reasons for Parole Hold.
History
In all cases, the parole agent must notify the parolee in writing of the reasons for the hold as soon as possible but no later than 7 days after placement of the parole hold. If the hold has been placed or replaced by the board, the board must notify the parolee in writing of the reasons for the hold. At the time the parolee is notified of the reasons for the parole hold P&CSD staff shall also notify the parolee of his right to appeal the decision and the procedure for filing the appeal.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
Note • History
Parolees on a parole hold only shall be retained in local custody pending a hearing.
(a) Medical Transfer. When a parolee presents a serious custodial risk and requires medical treatment necessitating hospitalization which cannot be provided locally because of lack of adequate detention facilities the parolee may be returned to prison upon written order of the judge of the superior court as provided in Penal Code section 4007.
(b) Emergency Transfer. A parolee may be returned to prison on an emergency basis if he cannot be physically retained in local custody pending a hearing, as certified in writing by the local detaining agency.
(c) Emergency Transfer: Psychiatric Treatment. A parolee may be returned to prison on an emergency basis if he is alleged to be an individual described in Section 2616(a)(14) and if he or she cannot receive necessary psychiatric treatment pending a hearing, as certified in writing by the Parole and Community Services Division.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3056, Penal Code.
HISTORY
1. New subsection (c) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
2. Change without regulatory effect amending subsection (c) filed 5-8-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 19).
Note • History
(a) Crimes Committed On or Before December 31, 1978. Unless otherwise provided by law and except as provided in subdivision (c), if the crime for which the parolee was committed to prison occurred on or before December 31, 1978, the parole hold shall not remain in effect for longer than six months.
(b) Crimes Committed On or After January 1, 1979. Unless otherwise provided by law and except as provided in subdivision (c), if the crime for which the parolee was committed to prison occurred on or after January 1, 1979, the parole hold shall not remain in effect for longer than one year.
(c) Parole Hold/Discovery Date On or After October 1, 2011. Unless otherwise provided by law, for all parolees with a parole hold/discovery date on or after October 1, 2011, the parole hold shall not remain in effect for longer than 180 days.
(d) Discovery Date. For purposes of this chapter, the discovery date is the date the parole supervising authority obtains knowledge that an alleged violation of parole has occurred.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3056, 3057 and 3060.5, Penal Code.
HISTORY
1. Amendment filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
3. Amendment of section and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Article 2. Parole Violations and Reports
Note • History
The board is authorized to revoke parole in any case where the parolee has violated parole. Parole violations listed in § 2616(a) and (b) must be reported to the board. The P&CSD is authorized to dispose of any other parolee misconduct.
NOTE
Authority cited: Section 3052, Penal Code. Reference: Sections 3060 and 3063, Penal Code.
HISTORY
1. Amendment of section and new Note filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
§2616. Reportable Information.
Note • History
(a) Behavior Which Must Be Reported. The P&CSD shall report to the board any parolee who is reasonably believed to have engaged in the following kinds of behavior:
(1) Any conduct described in Penal Code section 667.5(c), or any conduct described in Penal Code section 1192.7(c), or any assaultive conduct resulting in serious injury to the victim.
(2) Possession, control, use of, or access to any firearms, explosive or crossbow or possession or use of any weapon as specified in subdivision (a) of California Penal Code section 12020, or any knife having a blade longer than two inches, except as provided in § 2512.
(3) Involvement in fraudulent schemes involving over $1,000.
(4) Sale, transportation or distribution of any narcotic or other controlled substances as defined in division 10 of the California Health and Safety Code.
(5) A parolee whose whereabouts are unknown and has been unavailable for contact for thirty days.
(6) Any other conduct or pattern of conduct in violation of the conditions of parole deemed sufficiently serious by the P&CSD staff, including repetitive parole violations and escalating criminal conduct.
(7) The refusal to sign any form required by the Department of Justice explaining the duty of the person to register under Penal Code section 290.
(8) The failure to provide two blood specimens, a saliva sample, right thumb print impressions, and full palm print impressions of each hand as provided in Penal Code sections 295 through 300.3, requiring specified offenders to give samples before release.
(9) The failure to register as provided in Penal Code section 290, if the parolee is required to register.
(10) The failure to sign conditions of parole.
(11) Violation of the special condition prohibiting any active participation or assistance in, or promotion or furtherance of, prison gang, disruptive group, or criminal street gang activity, as enumerated in Penal Code section 186.22(e), if such condition was imposed.
(12) Violation of the special condition prohibiting any association with any member of a prison gang, disruptive group or criminal street gang, as defined in § 2513(e), or the wearing or displaying of any gang colors, signs, symbols, or paraphernalia associated with gang activity, if such condition was imposed.
(13) Violation of the special condition requiring compliance with any gang-abatement injunction, ordinance, or court order, if such condition was imposed.
(14) Conduct indicating that the parolee's mental condition has deteriorated such that the parolee is likely to engage in future criminal behavior.
(15) Violation of the residency restrictions set forth in Penal Code section 3003.5 for parolees required to register as provided in Penal Code section 290.
(b) In addition, for any parolee whose commitment offense is described in Penal Code section 1192.7(c), the P&CSD shall report to the board any such parolee who is reasonably believed to have engaged in the following kinds of behavior:
(1) Any behavior listed in paragraph (a).
(2) Any criminal conduct
(3) Any violation of a condition to abstain from alcoholic beverages.
(c) Behavior Which May be Reported. Any conduct which the parole agent, unit supervisor or district administrator feels is sufficiently serious to report, regardless of whether the conduct is being prosecuted in court.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code; and Terhune v. Superior Court (Whitley) (1998) 65 Cal.App.4th 864. Reference: Sections 186.22, 290, 295-300.3, 3000, 3003.5, 3053, 3056, 3057, 3060 and 3060.5, Penal Code; and Sections 11561 and 11563, Health and Safety Code.
HISTORY
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
3. New subsection (a)(8) filed 12-28-79 as an emergency; designated effective 1-1-80 (Register 79, No. 52). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-1-80.
4. Certificate of compliance filed 5-1-80 (Register 80. No. 18).
5. Amendment of subsection (a)(7) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
6. Amendment of subsection (a)(8) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
7. Amendment of section heading and subsection (a)(7) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
8. Amendment filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
9. Amendment of subsections (a)(1), (a)(2), (a)(4), (a)(6) and (a)(10), new subsections (a)(12)-(a)(14), and amendment of subsection (c) and NOTE filed 9-5-97 as an emergency; operative 9-5-97 (Register 97, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 9-5-97 order transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
11. New subsection (a)(15) and amendment of Note filed 8-26-98 as an emergency; operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-24-98 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 8-26-98 order transmitted to OAL 11-5-98 and filed 12-21-98 (Register 98, No. 52).
13. Repealer of subsection (a)(7) and subsection renumbering filed 5-10-99 as an emergency; operative 5-10-99 (Register 99, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-7-99 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 5-10-99 order transmitted to OAL 7-15-99 and filed 8-9-99 (Register 99, No. 33).
15. Change without regulatory effect amending subsections (a)(8) and (a)(11) and amending Note filed 6-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
16. New subsection (a)(15) and amendment of Note filed 6-28-2007 as an emergency; operative 6-28-2007 (Register 2007, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-26-2007 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 6-28-2007 order transmitted to OAL 11-8-2007 and filed 11-29-2007 (Register 2007, No. 48).
§2616.1. Reportable Information for Sex Offenders Undergoing Chemical Treatment.
Note • History
The Department shall report failure to report for or cooperate with scheduled sex offender chemical hormone treatment to the Board.
NOTE
Authority cited: Sections 3052 and 5076.1, Penal Code. Reference: Section 645, Penal Code.
HISTORY
1. New section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
A parole agent shall investigate all cases of a parolee suspected of a parole violation. All available facts relating to the charged violation shall be documented. If the parolee is suspected of a violation which is being investigated as a new crime by a police agency, the parole agent should obtain a copy of the arresting agency's arrest and investigation report. If the parolee is suspected of a violation which is not being investigated as a new crime by a police agency, the parole agent should interview all persons who have knowledge of the conduct and record their statements.
§2618. Parole Violation Report.
The parole violation report is a document prepared by the parole agent specifying the parole violation charges against a parolee, and containing or referring to the information known to the parole agent relevant to the charges. The parole violation report shall include a resume of the parolee's adjustment to community supervision. Any documents which relate to the parole violation shall be attached to the report or specifically identified in the report.
§2619. Supplemental Parole Violation Reports.
Note • History
A supplemental parole violation report may be submitted to: report significant new information or evidence which tends to prove or disprove the violations previously charged; note court actions on charges which are being prosecuted in a criminal proceeding; expand, clarify or correct information in an earlier report; add or amend charges before a hearing is scheduled; provide the board with information not related to the violation, but which may affect the board's decision regarding the appropriate disposition; provide additional information to the board at any time requested by the board; or change the P&CSD recommendation. A copy of the supplemental parole violation report shall be given to the parolee within 4 days after the report has been submitted to the Board.
NOTE
Authority cited: Section 576.2, Penal Code. Reference: Sections 3052, 3053 and 3063, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
Note • History
The P&CSD shall recommend the appropriate alternative necessary to deal with the violation charged. The primary concern shall be for the public safety. In a parole violation report the P&CSD may make the following recommendations:
(a) Continue on Parole. This recommendation may be used when the violation charged is not serious enough to warrant reimprisonment. A continue on parole recommendation may include a recommendation to delete, modify, or add special conditions of parole.
(b) Local Program. This recommendation may be used when the violation charged does not require reimprisonment of the parolee but does require treatment which can be obtained in a community facility or program.
(c) Schedule for Revocation Proceedings, Psychiatric Treatment. This recommendation shall be used only when a parolee's adjustment indicates the parolee may be suffering from a mental disorder which substantially impairs the parolee's ability to maintain himself or herself in the community, or which makes the parolee a danger to himself or herself or others, when necessary psychiatric treatment cannot be obtained in the community. The recommendation shall not be made when violations of another term or condition of parole are charged. When this recommendation is made a psychiatric report shall accompany the parole violation report and shall be made available to the hearing panel.
(d) Schedule for Revocation Proceedings. This recommendation may be used whenever the violation charged is so serious that reimprisonment is necessary whether or not the parolee is in need of medical or psychiatric treatment. This recommendation shall be used when a parolee who is required to register under Penal Code Section 290 fails to register within the time prescribed pursuant to Section 290(g) of the Penal Code.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 290, 3000, 3053, 3056, 3057, and 3060, Penal Code; Sections 11561 and 11563, Health and Safety Code.
HISTORY
1. Amendment of subsection (e) filed 12-28-79 as an emergency; designated effective 1-1-80 (Register 79, No. 52). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-1-80.
2. Certificate of Compliance filed 5-1-80 (Register 80, No. 18).
3. Amendment of subsection (d) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
4. Repealer of subsection (c) and amendment of subsection (e) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
5. Relettering and amendment of former subsections (d) and (e) to new subsections (c) and (d) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
6. Amendment of first paragraph filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
Article 3. Revocation Procedures
History
All revocation hearings should be held in the community near where the alleged violation occurred unless the parolee has been transferred to the department under Section 2605. The time limits of Section 2640 apply to all revocation hearings. Prerevocation hearings may be held as provided in Section 2644.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
Note • History
(a) General. Any period of confinement ordered pursuant to revocation of parole shall be added to the period of parole not to exceed the maximum period of parole specified in Section 2515. The revocation periods specified in this section apply if the parolee has not received a new commitment to prison.
(b) Crimes Committed On or Before December 31, 1978. Unless otherwise provided by law and except as provided in subdivision (d), if the crime for which the parolee was committed to prison occurred on or before December 31, 1978, confinement pursuant to parole revocation shall not exceed six months. Time in custody on a parole hold prior to the revocation hearing shall be credited to the revocation period.
(c) Crimes Committed On or After January 1, 1979. Unless otherwise provided by law and except as provided in subdivision (d), if the crime for which the parolee was committed to prison occurred on or after January 1, 1979, confinement pursuant to parole revocation shall not exceed one year. Time in custody on a parole hold shall be credited to the revocation period.
(d) Parole Hold/Discovery Date On or After October 1, 2011. Unless otherwise provided by law, for all parolees with a parole hold/discovery date on or after October 1, 2011, confinement pursuant to a parole revocation shall not exceed 180 days. Time in custody on a parole hold shall be credited to the revocation period.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. References: Sections 3056, 3057 and 3060.5, Penal Code.
HISTORY
1. New section filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).
2. Certificate of Non-compliance repealing section transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
3. New section filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsections (b) and (c), new subsection (d) and amendment of Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Note • History
(a) Case Conference. After placement of a parole hold or discovery of information indicating a possible violation of parole, a case conference shall be held to determine if the violation shall be reported to the board as required by Section 2616. If the decision is that the violation must be reported to the board, the parole agent shall prepare a parole violation report.
(b) Unit Supervisor Review. After preparation of a parole violation report, the unit supervisor shall review the report and either concur with the recommendation made or make an alternative recommendation. The unit supervisor shall submit the report to the District Administrator.
(c) District Administrator Review. The District Administrator shall review the parole violation report and either concur with the recommendation made or make an alternative recommendation.
(d) Notification to Board. The violation report shall be forwarded to the board at the central office calendar if the district administrator recommends any action other than schedule for revocation proceedings, if the parolee is in suspended status, if the parolee has an imminent discharge date or if the case requires any action other than schedule for revocation proceedings.
If the district administrator recommends that the parolee be scheduled for a prerevocation or revocation hearing and the case does not require any board action prior to the hearing, the district administrator shall notify the board hearing coordinator of the date the parolee was paroled, the date the parole hold was placed, and the need for a revocation hearing. The hearing coordinator shall schedule a revocation hearing based on that information and recommendation.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. Amendment of subsection (c) and new subsection (d) filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
§2637. Central Office Calendar.
Note • History
(a) General. The board at the central office calendar shall review the conduct and progress of parolees and consider parolees for the scheduling of revocation proceedings. The primary concern for the board at the central office calendar shall be for public safety as discussed in section 2646.
(b) Decisions. The board at the central office calendar may make any decisions that do not require hearings. Examples of central office calendar decisions include:
(1) To Suspend Parole Pending Further Determination. This decision shall be used for parolees who have absconded. The Board of Prison Terms may set the time of parole suspension from either the date of last contact with the parolee or, if contact has not been established, the date that the parolee failed to report as instructed. The parolee may produce evidence for reconsideration by the Board.
(2) To Issue Warrants. This decision shall be used following suspension of parole for parolees who have absconded parole, and any other time that a law enforcement agency requires a warrant to support the arrest of a parolee.
(3) To Order to Prison for Further Proceedings. This decision shall be used for parolees incarcerated by another state or the federal government.
(4) To Schedule for Pre-revocation Proceedings. This decision shall be used when a parolee is suspected of a serious violation of parole and is within 30 days of discharge from parole. This decision may be used at any other time as appropriate under the facts of the case.
(5) To Schedule for Limited Placement Proceedings. This decision shall be used for parolees charged with parole violations which, if true, would not appear sufficiently serious to warrant return to prison for an extended period, but who need placement in the Substance Abuse Treatment Control Unit (SATCU). The parolee will ordinarily be released within 90 days, but if further violations occur within the 90 days, full revocation proceedings may be scheduled.
(6) To Schedule for Revocation Proceedings: Psychiatric Treatment. This decision shall be used when facts are presented indicating that the parolee is suffering from a mental disorder which substantially impairs his or her ability to maintain himself or herself in the community, or which makes him or her a danger to himself/herself or others, when necessary psychiatric treatment cannot be obtained in the community. This decision shall be made only after receipt of a written statement from a mental health professional who has conducted a face-to-face evaluation of the parolee, and found that the parolee is an individual described in §2616(a)(14). This decision shall not be made when violations of another term or condition of parole are charged.
(7) To Schedule for Revocation Proceedings. This decision shall be used for parolees charged with parole violations which, if true, would appear sufficiently serious to warrant return to prison.
(8) To Dismiss Charge(s). This decision shall be used to dismiss charges which will not be considered at the scheduled hearing.
(9) To Continue on Parole. This decision shall be used to continue a parolee on parole. If done “pending further determination” it may be used for a previously suspended parolee who does not need to be in custody pending a hearing.
(10) Reinstate on Parole. This decision shall be made whenever a suspended parolee at large has been arrested in California, has been located in California or is available to return to California from another state or country. It indicates the date that the period of parole commences after having been tolled during the period the parolee was at large.
(11) To Vacate Early Discharge Date. This decision shall be used in conjunction with the decisions listed in subsections (b)(1)-(b)(7) when a parolee, who was previously granted a discharge date earlier than the statutory maximum discharge date, will discharge on the early discharge date before any action ordered by the board can be completed. If an early discharge date is vacated, the statutory maximum discharge date becomes the discharge date.
(12) Parole Period Extended Pending Revocation Hearing. This decision shall be used to retain jurisdiction when a parolee charged with a parole violation will discharge prior to a revocation hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3056, 3057, 3060 and 3064, Penal Code; Sections 11561 and 11563, Health and Safety Code.
HISTORY
1. Amendment of subsection (b) filed 10-7-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(8) and new subsections (c)(9) and (c)(10) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. New subsection (c)(11) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. New subsection (c)(6) and renumbering of subsections (c)(6) through (c)(11) to (c)(7) through (c)(12) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
5. Amendment of subsection (c)(5) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
6. Repealer of subsection (b) and relettering of subsection (c) to subsection (b) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
7. Amendment of subsection (b)(6) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
8. Amendment of subsection (a) filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
9. Amendment of section and Note filed 10-9-97 as an emergency; operative 10-9-97 (Register 97, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-6-98 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 10-9-97 order transmitted to OAL 1-7-98 and filed 2-2-98 (Register 98, No. 6).
11. Change without regulatory effect amending subsection (b)(6) filed 5-8-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 19).
§2638. P&CSD Hearing Coordinator.
History
The board at the central office calendar shall notify the P&CSD hearing coordinator of a decision to order a revocation hearing. The P&CSD hearing coordinator shall assure that all necessary prehearing procedures are followed including making an attorney determination under Chapter 6, Article 5 and screening witnesses under Chapter 6, Article 4.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
§2639. Central Office Hearing Coordinator.
History
The P&CSD hearing coordinator shall notify the central office hearing coordinator of the decision regarding an attorney and witnesses. The central office hearing coordinator shall schedule the hearing and assure that an attorney is appointed if necessary.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
Note • History
(a) General. The time limits specified in this section are intended to facilitate the timely completion of various segments of the revocation process in order to hold the revocation hearing within a reasonable time after the placement of the parole hold. These time limits are directory and do not affect the board's jurisdiction to hold a revocation hearing in the event of delay which does not prejudice the parolee.
In any case in which the chief deputy commissioner determines that the time limits have been exceeded and the delay may prejudice the parolee, the board's Central Office Calendar shall act to complete the revocation hearing process without further delay or to dismiss the parole violation charges and remove the parole hold.
These time limits shall be computed in calendar days. If a date falls on a weekend or holiday, the time limits shall be met on the next working day.
(b) Advice of Rights to Parolee.
(1) General. Upon notification that a revocation hearing has been ordered, the P&CSD hearing coordinator shall notify the parolee in writing of his rights within 24 days from the placement of the parole hold. In all cases the P&CSD hearing coordinator shall obtain a decision from the parolee regarding witnesses and an attorney within four days of serving the parolee with the notification of rights.
(c) Notification to Board. Within 23 days of the placement of the parole hold, the regional hearing coordinator shall notify the central office hearing coordinator that a revocation hearing should be scheduled, if that is the recommendation (see §2636). If P&CSD does not recommend a revocation hearing the violation report shall be forwarded to the central office calendar within 23 days of placement of the hold.
(d) Central Office Hearing Coordinator. Upon notification of the decision regarding an attorney or witnesses, the central office hearing coordinator shall appoint an attorney, if necessary, and shall schedule the revocation hearing to be held as provided in subsection (f). The central office hearing coordinator shall notify the P&CSD hearing coordinator of the date and time of the hearing.
(e) Hearing. The revocation hearing shall be held within a reasonable time after the placement of the parole hold, unless the parolee waives the hearing pursuant to §2641. The parole revocation hearing should be held within 45 days of the date the parole hold is placed.
(f) Revocation Hearing: Psychiatric Treatment. If the parole agent determines the parolee cannot be retained locally pending the revocation hearing due to acute psychosis, the parole agent may request authorization from the board at its Central Office Calendar for an emergency return pursuant to §2605(c). Transfer of the parolee in no way eliminates the responsibility of the parole agent or the Parole and Community Services Division to prepare and to insure timely conduct of the hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3053, 3056, 3057 and 3060, Penal Code; and Morrissey v. Brewer (1972) 408 U.S. 471.
HISTORY
1. Amendment of subsections (a) and (g) filed 10-5-89; operative 11-4-89 (Register 89, No. 41). For prior history, see Register 82, No. 52.
2. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Note • History
(a) Unconditional Waiver. A parolee may waive the revocation hearing. An unconditional waiver includes a waiver of any right to a personal appearance before the Board to contest the charges against the parolee, but shall not be an admission of guilt. Following an unconditional waiver, the Board may extend the period of parole up to the statutory maximum (see § 2515). The parolee may not later request a hearing, but may appeal the amount of time assessed by the Board.
(b) Optional Waiver. A parolee who is undergoing criminal prosecution may conditionally waive the revocation hearing, but retain the option to request a hearing as provided in this subsection. Upon receipt of a signed optional waiver, the Board at the central office calendar will determine whether there is good cause to revoke parole. This determination will be made without a hearing or personal appearance by the parolee.
If the Board orders parole revoked and the parolee returned to custody, the parolee then may request a revocation hearing. A hearing request must be received by the Board no more than 15 days following sentencing or final disposition at the trial court level in the criminal proceedings and no later than two months before expiration of the revocation period ordered by the Board at the central office calendar. Upon receipt of a hearing request, the Board shall schedule a revocation hearing. At the hearing the panel may take any appropriate action.
(c) Revocation Hearing: Psychiatric Treatment. A parolee who is scheduled for a revocation hearing for psychiatric treatment shall not be permitted to waive the revocation hearing.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000, 3053, 3056, 3057 and 3060, Penal Code.
HISTORY
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
3. Amendment of subsection (a) filed 12-29-78 as an emergency; effective upon filing (Register 78, No. 52).
4. Certificate of Non-compliance reinstating the language of subsection (a) as it existed prior to emergency amendment transmitted to OAH 3-14-79 and filed 3-20-79 (Register 79, No. 11).
5. Repealer of subsection (b) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
6. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
7. New subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
8. New subsection (c) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
9. Amendment of subsection (a) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
10. Amendment of subsection (c) filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
11. Amendment of subsection (b) filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
12. Editorial correction of subsection (b) (Register 95, No. 45).
13. Amendment of subsections (a) and (b) filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
The P&CSD hearing coordinator and the central office hearing coordinator shall assure that: time limits are met; the parolee is advised of his rights; the parolee's requests for witnesses are screened; any necessary witnesses are notified of the date, time and place of the hearing; all documentary and physical evidence is disclosed, unless designated confidential under Section 2235; requests for continuances are decided under Section 2253; necessary attorney representation is arranged; and the case is otherwise prepared for the hearing.
Note • History
(a) General. At the revocation hearing the parolee shall have the rights specified in §§2245-2255. The record of the hearing shall be a tape recording.
(b) Notification of the Charges and the Supporting Evidence. The parolee and his attorney, if he has one, shall receive copies of the parole violation report, any supplemental reports, and any evidence supporting the parole violation charges unless designated confidential pursuant to departmental regulations (see §2235). The parolee and his attorney shall receive copies of any police, arrest, or crime reports relevant to the parole violation charges. Any information which is confidential pursuant to the department rules shall not be disclosed, but the parolee and his attorney shall be notified that confidential information has been deleted from the report.
(c) Attorney Representation. The parolee is entitled to request the assistance of an attorney at any revocation hearing. If requested, an attorney determination shall be made pursuant to the procedures of Article 6 of this chapter. If the request for an attorney is granted, the parolee is entitled to retained counsel or appointed counsel if the parolee is indigent.
(d) Witnesses. The parolee is entitled to request the presence of evidentiary and/or dispositional witnesses at any revocation hearing. The witnesses shall be called unless the hearing panel has specific reason to deny the request. Witnesses shall be screened pursuant to the procedures of §2668. The parolee may request subpoena(s) or subpoena(s) duces tecum as provided in §§2675-2682. If denied, the specific reasons for denial shall be documented and a copy of the document given to the parolee. During the hearing the parolee has the right, under the direction of the hearing panel, to question all witnesses.
(e) Notice of the Hearing. At any hearing where witnesses are approved or an attorney is granted, notice of the hearing shall be given as soon as possible but no later than four days before the hearing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041, 3042, 3063.5, 3063.6, 5076.1 and 5076.3, Penal Code; Gagnon v. Scarpelli (1972) 411 U.S. 778.
HISTORY
1. Amendment of subsection (b) filed 9-21-78 as an emergency; designated effective 9-25-78. Filed in the week of Register 78, No. 38, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 12-29-78 (Register 78, No. 52).
3. Amendment of subsection (d) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
4. Amendment of subsection (c) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
5. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
§2644. Prerevocation Proceedings.
Note • History
(a) General. Prerevocation hearings may be held when a parolee is suspected of a serious violation of parole within 30 days of discharge from parole, and the board at the central office calendar has not taken an action to extend the parole period pending the revocation hearing. A prerevocation hearing should be held when a parolee is suspected of a serious violation of parole within 30 days of the parolee's maximum discharge date and is in custody on a parole hold. At the prerevocation hearing the only issue to be decided by the panel is whether there is probable cause to believe the parolee has violated parole as charged. Mitigating circumstances are not at issue at this hearing unless they are so bound up in the offense itself that they cannot be considered separately.
(b) Initiating Prerevocation Proceedings. When a parole agent determines that a prerevocation hearing may be necessary under Section 2637(c)(4) the parole agent shall immediately prepare a report specifying the charges and supporting evidence, including the reasons for requesting a prerevocation hearing. If the district administrator recommends that a prerevocation hearing should be scheduled the procedures of Section 2636(d) shall be followed.
(c) Oath. At the hearing witnesses shall be required to testify under oath.
(d) Parolee Rights. At a prerevocation hearing the parolee shall have the rights provided in Section 2643.
(e) Decision. The hearing panel shall make any disposition appropriate to the facts of the case including the following:
(1) No Probable Cause Found. If the hearing panel finds no probable cause, the parolee shall be continued on parole. The parole hold shall be removed immediately after the hearing. A hold may be retained until the end of the next working day after the hearing if the panel approves the retention and states its reasons.
(2) Charge Dismissed. The charge may be dismissed if there is insufficient information to determine whether there is probable cause or if the interest of justice requires.
(3) Probable Cause Found. If the hearing panel determines that there is probable cause, the hearing panel shall order a revocation hearing scheduled. If the board at the central office calendar had vacated the parolee's early discharge date (Section 2637(c)(10)) the hearing panel shall set the period of parole at the statutory maximum.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Penal Code.
HISTORY
1. Amendment of subsection (e) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (f)(3) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment of subsections (b) and (f)(1) filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
4. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
5. Repealer of subsection (c) and relettering of subsections (d)-(f) to subsections (c)-(e) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
§2645. Hearing Procedures: Revocation.
Note • History
(a) General. At the revocation hearing the hearing panel shall decide whether there is good cause to believe a condition of parole has been violated and, if so, the most appropriate disposition. The parolee may offer mitigating circumstances either to the violation charged or to the disposition during the appropriate part of the hearing.
If the facts of the violation charged have been settled against the parolee in a criminal prosecution or a probation revocation hearing, the parolee may not contest the facts settled against him but may contest: the fact of a post-parole conviction; whether the conviction violated a condition of parole (by law every conviction is a violation of parole); and whether the parolee suffered the conviction. If the facts against the parolee have not been settled in a criminal prosecution or probation revocation hearing, the parolee may contest the violation charged.
If the parolee is charged with failing to register under Penal Code section 290, the only factual issues at the revocation hearing are whether the parolee is required to register under Penal Code section 290 and whether the parolee failed to register.
(b) Oath. The hearing panel shall require all witnesses to testify under oath.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 290 (1979 Stats., Ch. 944), 3041, 3042, 3063.5, 3063.6, and 5076.1, Penal Code.
HISTORY
1. Amendment filed 9-21-78 as an emergency; designated effective 9-25-78. Filed in the week of Register 78, No. 38, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 12-29-78 (Register 78, No. 52).
3. Amendment of subsection (a) filed 12-28-79 as an emergency; designated effective 1-1-80 (Register 79, No. 52). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-1-80.
4. Certificate of Compliance filed 5-1-80 (Register 80, No. 18).
5. Repealer of subsection (b) and relettering of subsection (c) to subsection (b) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
Note • History
The hearing panel shall make a disposition appropriate to the facts of the case including consideration for public safety. Parole involves conditional liberty and a parolee who engages in violation of the condition(s) of parole may not be capable of successful reintegration into society and may compromise public safety. Nothing in this section shall prevent the board from imposing any of the following disposition alternatives when the board or the department seek criminal prosecution for conduct constituting a violation of the law. Disposition alternatives include the following:
(a) No Violation Found. If the hearing panel finds that the parolee did not commit the violation charged, the parolee shall be continued on parole. If the board at the central office calendar had extended the parole period pending the revocation hearing, the panel shall discharge the parolee effective the date of the hearing.
(b) Charge Dismissed. The charge may be dismissed if there is insufficient information to determine whether the charge is true, if the charge will not significantly affect the disposition, or if the interest of justice would be served.
If all the charges are dismissed in the case of a parolee whose parole period had been extended pending the revocation hearing the panel shall discharge the parolee effective the date of the hearing.
(c) Violation Found. If the hearing panel determines that the parolee committed the violation charged, the hearing panel shall make the appropriate decision necessary to handle the violation. Examples of disposition are:
(1) Continue on Parole. This disposition shall be used when the violation is not sufficiently serious to warrant reimprisonment. The decision to continue on parole may be accompanied by a decision to modify, add, or delete special conditions of parole. This decision cannot be used in the case of a parolee whose parole period had been extended pending the revocation hearing.
(2) Local Program. This disposition shall be used when the violation is not sufficiently serious to warrant reimprisonment but does indicate a need for treatment available in a community facility or program. This decision cannot be used in the case of a parolee whose parole period had been extended pending the revocation hearing.
(3) Return to Custody. This disposition shall be used when the violation is so serious that reincarceration is necessary or when the violation is the failure to register in a timely manner as required by Penal Code Section 290 or the failure to provide samples of blood and saliva pursuant to Penal Code section 3060.5, as provided in Penal Code sections 295 through 300.3. Any time in custody under a parole hold will be directed to the revocation confinement period.
(4) Return to Custody: Eligible for Work Furlough. This disposition shall be used in the following circumstances:
(A) the violation is so serious that reincarceration is necessary; and
(B) the parolee will be retained in a local facility which will permit parolee participation in work furlough; and
(C) the panel finds that the parolee may be permitted to participate in work furlough.
(5) Refix Discharge Date. If the board at the central office calendar had vacated the parolee's early discharge date the hearing panel shall set the period of parole at the statutory maximum.
(6) Discharge. If the board at the central office calendar had extended the period of parole pending the revocation hearing and the panel determines the violation does not warrant reimprisonment, the panel shall discharge the parolee effective the date of the hearing.
(d) Return to Custody: Psychiatric Treatment. This disposition shall be used when the sole finding of the panel is that the parolee has engaged in conduct indicating that his mental condition has deteriorated such that the parolee is likely to engage in future criminal behavior. This disposition shall only be used when the mental condition substantially impairs the parolee's ability to maintain himself or herself in the community and necessary treatment cannot be obtained in the community.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 290, 295-300.3, 3000, 3053, 3056, 3057, 3060 and 3060.5, Penal Code.
HISTORY
1. Amendment of subsection (c)(5) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(5) and new subsection (c)(6) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment of subsections (a), (b), (c)(1), (c)(2), (c)(3), (c)(4) and new subsection (c)(7) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. Editorial correction (Register 79, No. 14).
5. Amendment of subsection (c)(5) filed 12-28-79 as an emergency; designated effective 1-1-80 (Register 79, No. 52). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 5-1-80.
6. Certificate of Compliance filed 5-1-80 (Register 80, No. 18).
7. Amendment of subsection (c)(4) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
8. Renumbering of subsections (c)(6) and (c)(7) to subsections (c)(7) and (c)(8) and new subsection (c)(6) filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
9. Repealer of subsection (c)(3) and amendment of subsection (c)(5) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
10. Amendment of subsection (c) and new subsection (d), filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
11. Amendment of first paragraph and subsection (b) filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
12. Change without regulatory effect amending subsection (c)(3) and amending Note filed 6-28-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 26).
13. Amendment of first paragraph and subsections (a)(3), (a)(6) and (d) filed 11-20-2001; operative 12-20-2001 (Register 2001, No. 47).
§2646.1. Violations and Length of Confinement.
Note • History
The following are parole revocation assessment guidelines when good cause has been found on a single parole violation charge. The ranges represent the suggested period of confinement when a return to custody is imposed as a disposition for a violation of parole. The ranges are suggested for a parolee with no prior returns to custody. The assessment may be consecutive to or concurrent with other charges as long as the total period of confinement does not exceed the revocation period specified at § 2635.1. The hearing panel may impose a period of confinement that is outside the assessment range if justified by the particular facts of the individual case and if the facts supporting the term are stated on the record. This section is declaratory of existing board policy and is not intended to modify the authority of an individual hearing panel or the interests of a prisoner subject to a parole revocation.
Type I Violations
Assessment Range
(a) Technical Violations of Parole
For parolees with a parole hold/discovery date on or after October 1, 2011:
0 to 60 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
0 to 4 months
(1) Use of alcohol
(2) Failure to participate in testing for the presence of alcohol or any controlled substance, including marijuana
(3) Instructions: Changing employment without informing P&CSD
(4) Failure to inform P&CSD of criminal arrests
(5) Instructions: Leaving county of residence beyond 48 hours without P&CSD approval
(6) Instructions: Traveling beyond 50 miles from residence without P&CSD approval
(7) Failure to follow other instructions from P&CSD
(b) Controlled Substance Violations
For parolees with a parole hold/discovery date on or after October 1, 2011:
0 to 60 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
0 to 4 months
(1) Use of a controlled substance, including marijuana
(2) Possession of marijuana (1oz. or less)
(3) Under the influence of controlled substance, including marijuana
(4) Possession of controlled substance paraphernalia
(5) Presence in a place where a controlled substance is used, sold or given away
Type II Violations
Assessment Range
(c) Technical Violations of Parole
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Failure to attend Parole Outpatient Clinic
(2) Violations of other special conditions of parole
(3) Failure to report to P&CSD
(4) Absconding parole supervision
(5) Instructions: Changing residence without informing P&CSD
(6) Unauthorized possession of a knife with a blade exceeding two inches
(7) Access to a firearm
(8) Access to a deadly weapon
(9) Access to a simulated firearm
(10) Access to a stun gun or taser
(11) Access to a tear gas dispenser
(12) Access to a knife with a blade exceeding two inches
(13) Access to a crossbow
(14) Possession of ammunition
(15) Access to ammunition for a firearm
(d) Sex Offenses
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Consensual participation in oral copulation in a jail or prison
(2) Consensual participation in sodomy in a jail or prison
(3) Indecent exposure
(4) Pimping or pandering
(5) Prostitution
(6) Failure to register pursuant to Penal Code section 290
(7) Any other sex offense involving an adult victim where the offense is not accomplished against the victim's will
(e) Assault and Battery
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Assault
(2) Battery without injury
(f) Property Offenses
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Possession of burglary tools
(2) Tampering with an automobile
(3) Making, drawing, or delivering a check, draft or order with insufficient funds
(4) Operating a motor vehicle without owner's permission
(5) Petty theft
(6) Petty theft with a prior conviction or judicial/administrative adjudication
(7) Receiving or possession of stolen property
(8) Misappropriation of public money (less than $400)
(g) Controlled Substance Violations
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Possession of a controlled substance
(2) Possession of marijuana (over 1 oz.)
(3) Sale of substance in lieu of a controlled substance, including marijuana
(4) Forgery of a prescription
(h) Driving Violations
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) First offense driving under influence of alcohol/drugs
(2) Reckless driving with no personal injury
(3) Hit and run causing property damage
(4) Driving with revoked or suspended license
(5) Any other misdemeanor driving violation not listed in this section
(i) Miscellaneous Crimes Against Others and Property
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Threats or harassment not constituting terrorist threats
(2) Contributing to the delinquency of a minor
(3) Destroying public property
(4) Resisting arrest with no prior convictions or judicial/administrative adjudications
(5) Trespassing
(6) Vandalism or malicious mischief
(7) Refusal to sign parole conditions (maximum 6 months per Penal Code section 3060.5)
(8) Illegal entry into the United States
(j) Miscellaneous Violations of Law
For parolees with a parole hold/discovery date on or after October 1, 2011:
75 to 135 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
5 to 9 months
(1) Disturbing the peace
(2) Drunk in public
(3) Failure to register pursuant to Health and Safety Code 11590
(4) Providing false identification to a peace officer
(5) Failure to participate in or complete a batterer's program
(6) Incitement to riot
(7) Destroy or damage a prison or jail in the amount of $400 or less
(8) Any other felony that does not involve the use of force or violence or possession of a weapon
(9) Any other misdemeanor not listed in this section
(10) Any conspiracy to commit a Type II violation
(11) Any attempt to commit a Type II violation
(12) Any solicitation to commit a Type II violation
(13) Accessory to a Type II violation
Type III Violations
Assessment Range
(k) Technical Violations of Parole
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Association with persons prohibited by the board or P&CSD
(2) Being present in prohibited areas without permission
(3) Any violation of a condition involving gang participation or association
(l) Homicide
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Murder
(2) Voluntary manslaughter
(3) Involuntary manslaughter
(m) Robbery
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) All armed robberies
(2) All unarmed robberies
(3) Carjacking
(n) Sexual Offenses -- Major
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Rape
(2) Unlawful sexual intercourse or statutory rape
(3) Assault with intent to commit rape, sodomy, oral copulation, or mayhem
(4) Lewd and lascivious acts with a child under 14 years
(5) Oral copulation with a minor or an adult victim where the offense was accomplished against the adult victim's will
(6) Sodomy with a minor or an adult victim where the offense was accomplished against the adult victim's will
(7) Incest
(8) Annoying children in violation of Penal Code section 647.6
(9) Loitering around or within schools or playgrounds
(10) Penetration of the genital or anal openings by foreign object of a minor or an adult victim where the offense was accomplished against the adult victim's will
(11) Sexual battery
(12) Indecent exposure with a prior conviction or judicial/administrative adjudication
(13) Any other sexual offense involving minors not listed in this section
(14) Any other sexual offense against adult victims where the offense was accomplished against the victim's will not listed in this section
(o) Assault and Battery -- Major
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Assault with a deadly weapon
(2) Assault with a deadly weapon upon a peace officer
(3) Assault with a caustic substance
(4) Assault with the intent to commit murder
(5) Assault with force likely to produce great bodily injury
(6) Assault on a spouse or child
(7) Administration of poison
(8) Mayhem
(9) Battery upon a peace officer
(10) Battery upon a spouse or child
(11) Cruelty to a child
(12) Any other crime where bodily injury is inflicted not listed in this section
(13) Any other crime posing a major personal risk to the safety of others not listed in this section
(14) Drive-by shooting
(15) Threats to a Commissioner or Deputy Commissioner or their families
(p) Property Offenses -- Major
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) First degree burglary
(2) Second degree burglary
(3) Credit card theft or illegal use of a credit card
(4) Possession of counterfeit dies or plates
(5) Embezzlement
(6) Forgery
(7) Fraud
(8) Grand theft
(9) Grand theft automobile
(10) Extortion
(11) Misappropriation of public moneys (more than $400)
(q) Alcohol and Controlled Substance Violations -- Major
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Sale or furnish a controlled substance, including marijuana, to a minor
(2) Sale of a controlled substance, including marijuana
(3) Possession of a controlled substance, including marijuana, for sale
(4) Manufacture of a controlled substance
(5) Bringing a controlled substance, including marijuana, into a jail or prison
(6) Use of a controlled substance, including marijuana, in a jail or prison
(7) Possession of a controlled substance, including marijuana, in a jail or prison
(8) Bringing alcohol into a jail or prison
(9) Use of alcohol in a jail or prison
(10) Possession of alcohol in a jail or prison
(r) Weapons Offenses
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Manufacture/sale of a deadly weapon (other than a firearm)
(2) Possession of a deadly weapon
(3) Use of a deadly weapon
(4) Use of a deadly weapon in the commission of a crime
(5) Possession of a firearm
(6) Possession of a simulated firearm
(7) Use of a firearm
(8) Bringing a deadly weapon or firearm into a jail or prison
(9) Possession or manufacture of a deadly weapon or explosive device in a jail or prison
(10) Possession of a concealable firearm
(11) Possession of any firearm with prior firearm conviction
(12) Possession of non-concealable firearm without prior use conviction
(13) Armed with a firearm in the commission of a felony
(14) Possession of a crossbow
(15) Possession of a stun gun or taser
(16) Possession of a tear gas gun or dispenser
(17) Use of a stun gun or taser
(18) Use of tear gas gun or dispenser
(19) Brandish a weapon (other than a firearm)
(20) Brandish a firearm
(21) Other offenses involving the use/possession of a firearm or deadly weapon
(22) Other weapons violations
(s) Driving Violations -- Major
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Driving under the influence of alcohol/drugs with a prior conviction or judicial/administrative adjudication
(2) Reckless driving in willful or wanton disregard for the safety of others
(3) Driving under the influence of alcohol/drugs causing injury
(4) Vehicular manslaughter
(5) Any other felony driving violations not listed in this section
(t) Miscellaneous Major Crimes
For parolees with a parole hold/discovery date on or after October 1, 2011:
150 to 180 days
For parolees with a parole hold/discovery date prior to October 1, 2011:
10 to 12 months
(1) Child stealing
(2) False imprisonment
(3) Hostage taking
(4) Kidnapping
(5) Arson of inhabited dwelling
(6) Arson of other structure or forest land
(7) Escape from a jail or prison without force
(8) Escape from a jail or prison with force
(9) Destroy or injure a jail or prison (more than $400)
(10) Possession of caustic chemicals with intent to harm others
(11) Terrorist threats
(12) Stalking
(13) Commission of a serious felony as defined at Penal Code section 1192.7
(14) Commission of a violent felony as defined at Penal Code section 667.5
(15) Conspiracy to commit a Type III violation
(16) Attempt to commit a Type III violation
(17) Solicit another to commit a Type III violation
(18) Accessory to a Type III violation
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3056, 3057, 3060 and 3060.5, Penal Code.
HISTORY
1. New section filed 11-20-2001; operative 12-20-2001 (Register 2001, No. 47).
2. Amendment of section and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Note • History
In no case shall total time in custody before and after revocation proceedings exceed the revocation period specified in Section 2635.1.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3057 and 3060, Penal Code.
HISTORY
1. Renumbering of Section 2647 to Section 2648 and new Section 2647 filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
3. Renumbering of Section 2647 to Section 2648 and new Section 2647 filed 11-3-78 as an emergency; effective upon filing (Register 78, No. 44).
4. Certificate of Compliance filed 3-2-79 as to filing of 11-3-78 (Register 79, No. 9).
5. Amendment of subsection (a) filed 3-15-79 as an emergency; effective upon filing (Register 79, No. 11).
6. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
7. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 18).
8. Repealer of subsection (b) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
9. Amendment filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
§2647.1. Time in Custody Psychiatric Treatment.
Note • History
(a) If a parolee is ordered revoked and returned to custody, psychiatric treatment, the time in custody shall not be added to the parole period.
(b) If, during the revocation period, the parolee's condition changes so that he or she is no longer a person described in Section 2616(a)(14), department staff shall so certify and recommend release of the parolee to Central Office Calendar. The board at the Central Office Calendar shall take action on the recommendation within three working days of receipt of the recommendation.
(c) If the parolee is not being actively treated by the department in a psychiatric program or in a treatment program operated by the State Department of Mental Health, the department shall immediately submit the case to the Central Office Calendar with its recommendation.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3057 and 3060, Penal Code.
HISTORY
1. New section filed 10-5-89; operative 11-4-89 (Register 89, No. 41).
2. Change without regulatory effect amending subsection (b) filed 5-8-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 19).
§2648. Posthearing Procedures.
Note • History
(a) No Violation. If no violation is found, the parole hold shall be removed immediately after the hearing. The hold may be retained until the end of the next working day after the hearing if the panel approves the retention and states its reasons.
(b) Charges Dismissed. If the charges are dismissed, the parole hold shall be removed immediately after the hearing. The hold may be retained until the end of the next working day after the hearing if the panel approves the retention and states its reasons.
(c) Violation Found. If a parolee who is undergoing criminal prosecution is ordered returned to custody, the parolee shall be retained in local custody under a parole hold until termination of the prosecution. When the prosecution terminates the parolee shall be returned to prison or referred to the board at the central office calendar for modification of the revocation period if the revocation period is almost completed.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Penal Code; Section 11150, Health and Safety Code.
HISTORY
1. Amendment of subsection (c) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Renumbering of Section 2647 to Section 2648 filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Repealer filed 11-3-78 as an emergency; effective upon filing (Register 78, No. 44).
4. Renumbering from Section 2647 to Section 2648 filed 11-3-78 as an emergency; effective upon filing (Register 78, No. 44).
5. Certificate of Compliance filed 3-2-79 as to 11-3-78 filing (Register 79, No. 9).
§2649. Revoked Parolees with New Commitments.
Note • History
(a) If a parolee who was on parole from a term other than a statutory term of life, is returned to prison as a revoked parolee with a new commitment, department staff shall calculate the revocation release date and the release date for the new commitment. Except as hereinafter provided if the release date for the new commitment is later than the revocation release date, department staff shall discharge the former term, effective upon the revocation release date.
(b) Department staff shall not discharge a term imposed for:
(1) a crime in which the prisoner used force or violence or caused serious bodily injury as defined in paragraph (5) of subdivision (f) of section 243 of the Penal Code within the meaning of subdivision (e) of Penal Code section 2962; or
(2) an offense resulting in ineligibility for credits against confinement pursuant to a revocation of parole set forth in paragraph (2)(C) of subdivision (d) of section 3057 of the Penal Code.
(c) If the revocation release date is later than the release date for the new commitment, department staff shall refer the case to the board on the miscellaneous proceedings calendar. The board shall determine whether to discharge the former term.
(d) If the parolee was on parole from a statutory term of life the case will be placed on the miscellaneous proceedings calendar upon receipt of a new commitment to state prison. The board shall determine whether to discharge the former term. In determining whether to discharge the former term, the board shall consider the length of the term for the new commitment, the likelihood that the parole from the previous term will extend past the parole on the new term and the seriousness of any other parole violation charges which did not result in a new term.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3000 and 3057, Penal Code.
HISTORY
1. New section filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. New subsection (b), amendment of subsection (a) and Note filed 8-15-91; operative 9-16-91 (Register 91, No. 51).
Article 4. Evidence
All evidence relevant to the charges or disposition is admissible in parole postponement, rescission and revocation proceedings.
Note • History
Coordinator staff shall assure that all relevant documentary evidence is available at the hearing and has been made available to the parolee and his attorney prior to the hearing unless designated confidential pursuant to §2235. This evidence includes, but is not limited to, the violation report, arrest report, special services reports, psychiatric reports, and statements of witnesses. If relevant documentary evidence is not available, coordinator staff shall specify in writing what the evidence is and why it is unavailable. Any information from the prisoner or parolee supporting his request for an attorney shall be made available to the hearing panel.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3063.5, Penal Code; and Morrisey v. Brewer (1972) 408 U.S. 471.
HISTORY
1. Amendment of section and new Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Physical evidence should not ordinarily be required at a hearing. Coordinator staff may bring physical evidence to the hearing if: the prisoner or parolee has requested it or it appears necessary for the hearing; institutional security is not endangered; and there is no other means of presenting the information.
Note • History
(a) Request.
(1) Prisoner or Parolee Request. The prisoner or parolee may request either evidentiary or dispositional witnesses. The request must be made sufficiently ahead of the hearing to notify the witnesses and to make arrangements to have them present at the hearing. The request shall include the reason for requesting the witness and the expected testimony of the witness.
(2) Staff Request. If in reviewing the case prior to a hearing, coordinator staff determine that a particular witness is necessary to provide testimony regarding an event material to the proceeding, attendance of that evidentiary witness shall be requested even though the prisoner or parolee has not requested that witness. In these circumstances, staff shall notify the prisoner, parolee, or his attorney.
(b) Coordinator staff shall review the list of requested witnesses prior to the hearing and may refuse to notify or call witnesses. Coordinator staff shall document the reason for any refusal to notify or call a witness, and the parolee, prisoner, or attorney shall be told of the refusal prior to the hearing.
(1) Evidentiary Witnesses. Staff shall determine that the testimony of an evidentiary witness is clearly irrelevant before refusing to call the witness. (Examples of irrelevant witnesses include a public official having no knowledge of the violation or witness with no knowledge or evidence in mitigation). A requested evidentiary witness should ordinarily be notified to attend even though the testimony may be cumulative, such as where several persons witnessed the incident.
(2) Dispositional Witnesses. Staff may refuse to notify any dispositional witness whose testimony is clearly irrelevant or cumulative. The testimony of dispositional witnesses whose testimony is of a general nature may be presented by means of written statements, letters, or affidavits.
(c) Notification.
(1) Evidentiary Witnesses. Coordinator staff are responsible for making every effort to assure the attendance of any requested evidentiary witness deemed necessary.
(2) Dispositional Witnesses. If the prisoner or parolee is not represented by an attorney, coordinator staff shall provide any needed assistance in notifying dispositional witnesses. If assisted by an attorney, the attorney must be advised that he is responsible for notifying dispositional witnesses who are not confined in prison. The attorney shall notify coordinator staff of witnesses so that arrangements can be made to have them enter custodial facilities.
(3) Documentation. All efforts to locate evidentiary witnesses shall be documented. Any efforts made to locate dispositional witnesses for a prisoner or parolee unassisted by counsel shall also be documented.
If a witness is located, but refuses to attend, the reason for the refusal shall be documented to give the hearing panel sufficient information to determine whether it is reasonable to excuse the witness' attendance.
(d) Transportation. Evidentiary witnesses who need transportation should be transported to the hearing where feasible. Dispositional witnesses for a prisoner or parolee without counsel may be provided transportation.
(e) Fearful Witnesses. Evidentiary witnesses who refuse to attend the hearing either because they would be subject to risk of harm if their identities were disclosed or who, even if their identity is known, fear for their safety should they attend the hearing, shall be interviewed by coordinator staff prior to the hearing and their information documented in writing or on tape. The reasons for their fear shall also be documented. The hearing panel shall determine whether there is good cause to excuse a witness' attendance and shall document the decision, including the reasons.
(f) Interviewing Witnesses. A prisoner, parolee, or his attorney has a right to speak to possible witnesses, but it is within the discretion of an individual witness whether to speak to or disclose his whereabouts to a prisoner, parolee, or his attorney. Staff shall not attempt to influence the witness' decision.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Morrissey v. Brewer (1972) 408 U.S. 471.
HISTORY
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (a)(2) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Article 5. Subpoenas
Note • History
Subpoenas may be issued to require the attendance of witnesses or the production of documents at parole revocation or parole rescission hearings.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
HISTORY
1. Renumbering of Article 5 (Sections 2690-2701) to Article 6 and new Article 5 (Sections 2675-2682) filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
Note • History
(a) The parolee or prisoner, the parolee's/prisoner's attorney, P&CSD staff, and board staff may request that a subpoena be issued.
(b) Requests for subpoenas shall be made directly to the District Hearing Agent or to the Classification and Parole Representative or other staff, as appropriate, at least 10 working days prior to the scheduled hearing.
(c) Subpoena Duces Tecum. A supporting declaration shall accompany each request for a subpoena duces tecum. The declaration shall show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing, and that the requested witness has possession or control of the documentary evidence.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3, Penal Code; and In re Carroll (1978) 80 Cal.App. 3d 22.
HISTORY
1. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Note • History
(a) General. A subpoena or subpoena duces tecum shall be issued when it is necessary to secure the presence of a witness or the production of documents for a proceeding. Subpoenas shall be issued for evidence that is relevant and material. Each case shall be evaluated individually to make this determination, based upon the following factors:
(1) whether the person is an evidentiary or dispositional witness;
(2) the relevance and materiality of the testimony or documents to the issues to be decided during the fact finding (violation) phase of the hearing;
(3) the availability of the witness and/or the documents;
(4) whether the parolee/prisoner or the parolee's/prisoner's attorney has made reasonable efforts to produce an evidentiary witness;
(5) whether the witness resides more than 50 miles outside the county where the hearing will be held.
(b) Witnesses.
(1) General. Requests for subpoenas for witnesses shall be screened in accordance with the procedures of §2668. A request for a subpoena may be denied for any witness whose testimony is clearly irrelevant or cumulative.
(2) Evidentiary Witnesses. Requests for subpoenas for evidentiary witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an evidentiary witness shall be considered and may justify denial of a request for a subpoena. See §2668(e).
(3) Dispositional Witnesses. Normally only evidentiary witnesses will be subpoenaed. The testimony of dispositional witnesses whose testimony is of a general nature should be presented by means of written statements, letters, or affidavits. The parolee/prisoner or the parolee's/prisoner's attorney shall provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material, and non-cumulative.
(c) Documentary Evidence. Subpoenas duces tecum may be issued for documentary evidence that is relevant and non-cumulative and under the control of someone other than the parolee/prisoner, the parolee's/prisoner's attorney, P&CSD or the board. A declaration in support shall accompany the request for a subpoena duces tecum.
(d) At the Time of the Hearing. After the revocation or rescission hearing has commenced, the panel may request such subpoenas or subpoenas duces tecum as they deem necessary. The hearing shall be continued and rescheduled for a date at least 10 working days later.
(e) Denial. The reason for the denial of a request for a subpoena or a subpoena duces tecum shall be documented and a copy of the decision given to the parolee/prisoner or to the parolee's/prisoner's attorney.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3, Penal Code; and In re Carroll (1978) 80 Cal.App. 3d 22.
HISTORY
1. Amendment of subsection (a) filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
2. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Note • History
(a) Process. Service may be made by any person 18 years of age or older, in all parts of the state, no later than two days before the hearing, unless good cause for later service is shown.
(b) Subpoena. Except as provided in subdivision (c), service of a subpoena is completed by showing the original and delivering a copy to the witness personally.
(c) Subpoena for Peace Officer. When a peace officer designated in Penal Code section 830 is required as a witness in a proceeding relating to an event which he perceived or investigated in the course of his duties, a subpoena may be served by delivering a copy to the peace officer personally or by delivering two copies to his or her immediate superior or a designated agent. In those counties which have consented, delivery may be made by sending a copy electronically, including electronic mail, computer modem, facsimile, or other electronic means, to the immediate superior or designated agent who shall then deliver a copy of the subpoena to the peace officer as soon as possible and in no event later than a time which will enable the peace officer to comply with the subpoena.
(d) Subpoena Duces Tecum. Service of a subpoena duces tecum is completed by showing the original and delivering a copy to the person having possession or control of the documentary evidence. Service is invalid if the declaration in support is not served on the person at the same time as the subpoena duces tecum.
NOTE
Authority cited: Sections 5076.2 and 5076.3, Penal Code. Reference: Section 1328, Penal Code; and In re Carroll (1979) 80 Cal.App. 3d 22.
HISTORY
1. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
§2679. Witness Obligation to Comply.
Note
(a) General. A person is obliged to attend a parole revocation or parole rescission hearing as a witness pursuant to a subpoena or a subpoena duces tecum at any place within the county of the person's residence and at any place outside the county of residence which is less than 50 miles from the person's residence. Witnesses shall be paid fees and mileage at the rate provided in Government Code Section 68093.
(b) Custodian of Records.
(1) General. The custodian of records may, upon receiving a subpoena duces tecum, mail a true, legible, and durable copy of all the records described in the subpoena duces tecum. The records shall be accompanied by the affidavit of the custodian.
(2) Affidavit of Custodian. The affidavit shall state that the affiant is the custodian of the records and is authorized to certify the records; that the copy is a true copy of the records described in the subpoena duces tecum; and that the records were prepared in the ordinary course of business.
If the custodian has none or only part of the records described in the subpoena duces tecum, the custodian shall mail the affidavit and the available records.
(3) Attendance Required. The custodian of records shall attend the hearing and produce original records only when the subpoena duces tecum contains a clause to that effect.
(c) Failure to Comply. If a witness fails to comply with a subpoena or a subpoena duces tecum, the board may petition the Superior Court in the county in which the hearing is pending for an order compelling compliance.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
Note
(a) General. The board, upon request timely and reasonably made, may quash a subpoena or subpoena duces tecum entirely, modify it, or direct compliance with it upon terms or conditions. The request to quash shall be made to the Subpoena Coordinator at board headquarters and shall include specific reasons for the request.
(b) Criteria. The board shall consider the objections to a subpoena or a subpoena duces tecum in light of all available information. The guiding principles shall be to protect witnesses from unreasonable and oppressive demands and to ensure their safety.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
Note
The board has final responsibility for deciding whether to issue a subpoena or a subpoena duces tecum and whether to grant or deny a request to quash a subpoena or a subpoena duces tecum. The board may delegate these decisions to department staff.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
Note
There shall be no appeal of the denial of a request for a subpoena or a subpoena duces tecum or a denial or granting of a request to quash a subpoena or a subpoena duces tecum until after the parole revocation or parole rescission hearing.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80 Cal.App. 3d 22 (1978).
Article 6. Attorney Determinations
Note • History
Assistance of counsel during revocation and rescission proceedings shall be approved if a timely request is made by the prisoner or parolee and the need for counsel is established under sections 2692-2694. If counsel is approved, counsel shall be appointed for indigent prisoners and parolees.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. Renumbering of article 5 (sections 2690-2701) to article 6 filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
2. Editorial correction of printing error restoring missing article 6 heading (Register 91, No. 29).
3. Editorial correction of article 6 heading (Register 95, No. 14).
§2691. Request for an Attorney.
A prisoner or parolee desiring the assistance of counsel in revocation or rescission proceedings must make a request for the assistance of an attorney within four days of receiving the “Notice of Right to Hearing.”
A prisoner or parolee who initially waives counsel but then requests counsel shall be given an attorney determination. A prisoner or parolee who withdraws a request for counsel may not later request counsel.
The guiding principle in deciding whether the assistance of counsel is needed is fundamental fairness. This decision can only be made on a case by case basis, and cannot be stated in any flat policy or rule.
If in any case the prisoner or parolee needs assistance of counsel in order to be treated in a fundamentally fair manner in view of the charges brought and the individual's ability to respond to the charges, counsel should be granted, regardless of the presumption of need discussed in Section 2693.
(a) Presumption. A prisoner or parolee is presumably entitled to assistance of counsel if there is a colorable claim that the individual did not commit the violation (see subsection (b)), or if there are substantial mitigating circumstances (see subsection (c)). In either event, and particularly in close cases, the strength of the colorable claim or the mitigating circumstances must be weighed against the prisoner's or parolee's ability to speak for himself (see Section 2694).
(b) Colorable Claim. A prisoner or parolee who has a colorable claim that he is not guilty of the charges is presumably entitled to the assistance of counsel. “Colorable” is defined as seemingly valid or genuine; having an appearance of truth, right or justice; plausible. The claim should have an appearance of truth; it need not be probably true, but merely plausible.
Ordinarily, a mere denial of the charges without further information is insufficient to raise a colorable claim.
There can be no colorable claim of innocence if the prisoner or parolee has been convicted of the charge in court, or has been found guilty of the charge in probation revocation or disciplinary proceedings.
The strength of the colorable claim must be weighed against the prisoner's or parolee's ability to speak for himself. If he has a colorable claim of denial, he is presumably entitled to assistance of counsel unless he is particularly capable of speaking for himself.
(c) Mitigating Circumstances. If there are substantial reasons which justify or mitigate the violation and make revocation or rescission inappropriate and the reasons are complex or otherwise difficult to develop or present, the presumption is also raised.
(1) Substantial Reasons. Claims in justification or mitigation must not only be colorable, but also substantial. A substantial reason refers to one neither imaginary nor illusive but rather solid, of real worth, real.
(2) Makes Revocation or Rescission Inappropriate. The reasons put forward must not only be colorable and substantial but must be such that they make revocation or rescission inappropriate. A reason justifying or mitigating an alleged violation will only affect the decision on the need for counsel if proof of its existence will affect the decision whether or not to revoked or rescind.
(3) Complex or Otherwise Difficult to Develop or Present. The reasons offered in justification or mitigation must be examined to determine their complexity. If these reasons are not complex or otherwise difficult to develop or present, they do not support a presumption that counsel is needed.
There may be situations where circumstances aggravate the character of the violation. Disproving such aggravating circumstances must be considered a process of justification or mitigation. If such aggravating circumstances are complex or otherwise difficult for the prisoner or parolee to meet, it should be presumed that counsel is needed.
(4) Rescission and Revocation. Mitigating circumstances may be presented at the revocation or rescission hearing only.
§2694. Ability to Speak for Self.
In every case, the prisoner's or parolee's ability to speak for himself must be considered. A colorable claim of innocence or a claim of mitigating circumstances must be weighed against the ability to speak for oneself. Even where there is no colorable claim or substantial mitigating circumstances, a prisoner or parolee may be so incapable of speaking for himself that counsel ought to be granted.
The ability to speak must be evaluated in terms of the charges being alleged. Physical and mental disabilities, age, education, experience, and like factors may show need where ordinarily counsel is not required or may eliminate the need where ordinarily counsel should be provided.
§2695. Preliminary and Final Hearings.
Separate attorney determinations should be made for prerevocation and prerescission hearings and for revocation and rescission hearings. If an attorney is granted at the prerevocation or prerescission hearing, an attorney shall be allowed at the revocation or rescission hearing unless the prisoner or parolee is convicted of the charge before the final hearing.
§2696. Information Considered.
The interviewer shall consider all relevant information including: the reasons for the request; the report supporting the charges; and the cumulative case summary.
If the prisoner or parolee refuses to give reasons for the request, it should be explained that any information provided will not be given to the hearing panel and that the interviewer will not sit on the hearing panel. If the prisoner or parolee persists in his refusal, the determination shall be made on the basis of the information available.
If it is clear from a review of the documents that the prisoner or parolee is entitled to counsel, a personal interview need not be conducted.
The board has final responsibility for deciding whether the prisoner or parolee is to have the assistance of counsel. The board may delegate the initial decision to department staff.
§2698. Indigent Prisoner or Parolee.
Note • History
A written declaration of the prisoner's or parolee's inability to pay for any attorney shall be considered if a request for an attorney is granted. A prisoner or parolee shall be deemed indigent if he is financially unable to obtain assistance of counsel.
A prisoner or parolee is presumed able to afford an attorney if the prisoner or parolee has one thousand five hundred dollars ($1,500.00) or more in cash, institutional trust account, savings account, checking account or any combination of cash and accounts. A prisoner or parolee with one thousand five hundred dollars ($1,500.00) must show that he or she has been unable to obtain an attorney before an attorney will be appointed at state expense.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Gagnon v. Scarpelli, 411 U.S. 778 (1973).
HISTORY
1. Amendment filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
If request for attorney assistance is approved and indigency demonstrated, counsel shall be provided the prisoner or parolee at state expense. The central office hearing coordinator shall make arrangements for providing the attorney.
§2700. Hearing Panel Designation.
No person who participated in making an attorney determination or reviewing an appeal of a denial of a request for an attorney should be assigned to the hearing panel in that case.
History
HISTORY
1. Repealer filed 4-15-2004 as an emergency; operative 5-1-2004 (Register 2004, No. 16). A Certificate of Compliance must be transmitted to OAL by 8-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Repealer refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 12-27-2004 as an emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-26-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
Article 7. Warrants of Arrest
Note • History
The board may issue warrants ordering a parolee placed or retained in custody as provided in this article.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. Renumbering of Article 6 (Sections 2710-2714) to Article 7 filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
§2711. Warrants Based on Board Action.
Note • History
(a) Parole Suspended. When the Regional Administrator or the Interstate Unit submits a parole violation report charging that a parolee has absconded or otherwise violated the conditions of parole the board at the central office calendar may decide to order parole suspended. If parole is suspended, the board shall issue a warrant. The warrant shall be signed by a commissioner of the board.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3060, 5075 and 5076.1, Penal Code.
HISTORY
1. Amendment filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
2. Repealer of subsection (b) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
3. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
§2712. Warrants Based on Individual Member Action.
(a) General. A member may order a parolee placed or retained in custody when the member has good cause to believe the parolee has absconded or otherwise violated the conditions of parole. This warrant may be issued without any prior board action suspending or revoking parole.
(b) Procedure. The member may issue the warrant and notify appropriate law enforcement agencies of the issuance. Immediately after issuing the warrant the member shall forward the warrant, the reasons or basis for its issuance and a list of law enforcement agencies notified, if any, to the Executive Officer.
(c) Central Office Procedure. Upon receipt of the warrant the Executive Officer shall immediately notify the Parole and Community Services Division of the warrant and the reasons for the issuance. P&CSD shall investigate the basis for the warrant and submit a parole violation report to the board at the central office calendar. The board at the central office calendar may determine to suspend parole and continue the warrant or may determine not to suspend parole. If parole is not suspended the board at the central office calendar shall notify the Executive Officer who shall recall the warrant as provided in § 2713.
Note • History
(a) General. Board warrants remain in full force and effect until the Executive Officer recalls the warrant by removing it from the active warrant file and notifying appropriate law enforcement agencies that the warrant has been recalled.
(b) Arrest of Parolee. The Executive Officer shall recall warrants upon notification from the Regional Administrator that a parolee subject to a warrant has been taken into custody by the department.
(c) Discharge of Absconder. The Regional Administrator shall notify the board at the central office calendar of the case of any absconder who has been at large for five years and who has met the minimum term considering time in prison, on parole, and at large. The board at the central office calendar may determine to discharge the absconder. If the board at the central office calendar discharges the absconder it shall recall the warrant.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
§2714. State and National Warrant Systems.
Note • History
(a) California System. All warrants issued pursuant to §§2711 and 2712 for parolees whose whereabouts are unknown shall be entered in the California warrant system (Wanted Persons System).
(b) National Warrant System.
(1) Criteria for Entering Warrant in National System. Warrants issued pursuant to §§2711 and 2712 for parolees whose whereabouts are unknown shall be reviewed by the board at the central office calendar to determine if the warrant should be entered in the national warrant system (National Crime Information Center--“NCIC”). The factors to consider in determining whether to enter the warrant in NCIC include whether the parolee:
(A) Has a history of prior felony convictions for crimes of violence or for offenses involving weapons, great bodily injury, or sexual assaults;
(B) Is wanted by other state agencies;
(C) Was on parole from a term imposed for a violent crime or for multiple offenses;
(D) May remain on parole at least three months considering the amount of time his parole period can be extended;
(E) Was suspected of having committed other offenses at the time he absconded;
(F) Has family, employment, or residential ties with California;
(G) Is likely to have absconded to another state;
(H) Might be accepted for supervision in another state.
The board shall consider any other relevant information, including the expense of returning a parolee to California.
Whenever the board enters a warrant into the NCIC, the board's suspension order shall indicate the specific reasons the warrant has been entered in that system and include an action to return the parolee to California for revocation proceedings.
(2) Execution of Warrant. When the warrant is executed, the parolee shall be returned to California for revocation proceedings (see Chapter 6, Article 7) unless there are specific circumstances and substantial reasons that indicate a return would not be in the interests of justice.
(3) Purging Warrants. If the warrant has not been executed five years after entering it in the NCIC, the board shall review the case. If no other jurisdictions have issued warrants since the board issued its warrant, the board shall remove the warrant from the NCIC, unless reasons are stated for retaining the warrant.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Penal Code.
HISTORY
1. New section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24).
2. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 4).
Article 8. Multijurisdiction Regulations
§2730. Application of Article.
Note • History
The revocation procedures set forth in Articles 1-5 of this chapter apply to any parolee on parole from a California commitment who is located in California. Except as provided in this article, the revocation procedures set forth in Articles 1-5 in this chapter apply to any parolee on parole from a California commitment who is being supervised in another state or who absconds to another state.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057, 3059, 3060, 3064, Penal Code.
HISTORY
1. Repealer of Article 7 (Sections 2730-2756) and new Article 7 (Sections 2730-2733) filed 8-17-78; effective thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41). For prior history, see Register 77, No. 44.
2. Renumbering of Article 7 (Sections 2730-2733) to Article 8 filed 10-25-79; effective thirtieth day thereafter (Register 79, No. 43).
§2731. Absconders from California.
Note • History
(a) Reporting. P&CSD shall report to the local board at the central office calendar any parolee who absconds. A parolee absconds when the parolee leaves California without permission, does not return to California after leaving with permission or has not been available for contact for thirty days. An absconder report shall be submitted whenever P&CSD is aware that a parolee has absconded although the parolee may be in the custody of another jurisdiction and the parolee's location known at the time the report is submitted. The report shall indicate the date the parolee absconded or the date P&CSD determined the parolee absconded.
(b) Board Action. When an absconder report is submitted, the board at the central office calendar shall review the report and suspend parole. The date of suspension shall be the date the parolee left California, the date the parolee should have returned to California if out of state with permission, or the date P&CSD determined he absconded. The parole period stops running the date of suspension. The suspend action authorizes the board to issue a warrant for the parolee's arrest if the parolee's whereabouts are unknown or to place a California detainer if he is in the custody of another jurisdiction.
(c) Absconder Located.
(1) Reporting. P&CSD shall report to the board at the central office calendar when an absconder is located. If the absconder is located in California the report shall indicate the date the parolee was located or arrested, whichever is earlier, and the parole period will recommence on that date. If the absconder is located in another jurisdiction, the parole period will recommence as provided in subsection (c)(2).
(2) Board Action.
(A) Located in California. If the absconder is located in California the provisions of Articles 1-5 shall apply to the revocation procedures. The board shall reinstate parole effective the date the parolee is arrested or located, whichever is earlier. If the board orders parole revoked, the parolee shall receive credit on the revocation period for any time in custody after the date the parolee is arrested or located, whichever is earlier. If the parolee is arrested under an alias, the reinstatement and credit for time in custody shall commence on the date of arrest even if the Department is unaware of the arrest because of the parolee's use of an alias.
(B) Located Outside California.
1. General. If the absconder is located in another jurisdiction the board at the central office calendar shall determine whether the parolee should be discharged, referred for supervision in the other jurisdiction or scheduled for revocation proceedings as provided in this subsection. The department report may contain any of these as recommendations.
2. Discharge. After reviewing the case the board may decide to waive the remaining period of parole. This shall be accomplished by reinstating the parolee on parole the date of the board action and waiving the remaining period of parole.
3. Out of State Referral. In determining whether the absconder shall be referred for supervision in the other jurisdiction, the board shall consider the following information: the parolee's employment history and stability; the parolee's residential pattern; the parolee's family and community relationships; the parolee's record of absconding from parole.
If the parolee is referred for supervision in the other jurisdiction the parolee shall be reinstated and the parole period shall recommence on the date the board orders the parolee referred.
4. Revocation Proceedings Scheduled.
a. No Criminal Prosecution. If the parolee is not undergoing criminal prosecution in the other state the board shall order the parolee returned to California for revocation proceedings. The parolee shall be reinstated on parole effective the date the parolee waived extradition or the date the court ordered the parolee extradited if he contested extradition. The parole period commences on the effective date of reinstatement.
The parolee shall have a revocation hearing upon his return to California as provided in Article 3 of this Chapter. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
b. Criminal Prosecution. If the parolee is undergoing criminal prosecution in the other state and waives extradition, department staff shall notify him that he may unconditionally waive the revocation hearing (§ 2651). If the parolee waives the hearing the board action shall include a reinstate action to reinstate the parole period effective the date of the in absentia hearing. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
If the parolee does not waive extradition or does not waive the revocation hearing he shall have a revocation hearing upon return to California as provided in Article 3 of this Chapter. The board shall reinstate parole effective on the later of: the date the other jurisdiction notifies P&CSD that the parolee can be returned to California because the criminal prosecution has terminated; or the date the parolee waives extradition. The parole period commences on the effective date of reinstatement. If the board orders parole revoked the parolee shall receive credit on the revocation period for any time in custody after the effective date of reinstatement.
When the prosecution terminates, the board shall review the decision to revoke or to schedule for revocation in light of the disposition at the criminal proceedings. The board may reaffirm its earlier action, discharge the parolee, or modify the revocation period, if any.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057, 3059, 3060, and 3064, Penal Code.
HISTORY
1. Amendment of subsection (c)(2)(B) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment of subsections (c)(2)(A) and (c)(2)(B)4 filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 22).
§2732. Multijurisdiction Parolees Who Abscond.
Note
(a) Reporting. When the interstate unit receives information that a multijurisdiction parolee has absconded, a report shall be submitted to the board at the central office calendar.A multijurisdiction parolee absconds when he leaves the supervising state without permission, he does not return to the supervising state after leaving with permission, or he is unavailable for contact in the supervising state for more than thirty days.
An absconder report shall be submitted whenever it is clear that the parolee absconded although he is in custody or his location is known at the time the report is submitted. The report shall indicate the date the parolee absconded or the date the Interstate Unit determined he absconded.
(b) Board Action. When an absconder report is submitted, the board at the central office calendar shall review the report and suspend parole. The date of suspension shall be the date the parolee left the supervising state, the date the parolee should have returned to the supervising state if he was granted a temporary leave or the date the interstate unit determined he absconded. The parole period stops running on the date of the suspension. The suspend action authorizes the board to issue a warrant for the parolee's arrest if the parolee is in the custody of another jurisdiction.
(c) Absconder Located.
(1) Reporting. The interstate unit shall report to the board at the central office calendar when a multijurisdiction absconder is located.
(2) Board Action. If the parolee is located in the supervising state the board shall reinstate parole effective the date he was located. The parole period shall commence on the effective date of reinstatement. The board shall also determine whether to order revocation proceedings or continue the parolee on parole. If the board orders revocation proceedings the procedures in Section 2733 shall apply.
If the parolee is located in California, the board shall reinstate parole on the date of his arrest or location in California, whichever is earlier. All the procedures of Article 1-5 shall apply to revocation procedures in this case.
If the parolee is located in a state other than California or the supervising state the procedures of Section 2731(c)(2) shall apply.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057, 3059, 3060, 3064, Penal Code.
§2733. Multijurisdictional Parolees: Revocation.
Note • History
(a) General. The board may revoke the California parole of any cooperative or concurrent parolee. Unless otherwise provided by law, the 180-day or one year maximum confinement pursuant to revocation shall be computed from the date the other jurisdiction places a parole hold for California.
(b) Reporting Parole Violations. The interstate unit shall report to the board at the central office calendar any parolee who is reasonably believed to have engaged in any of the conduct listed in Section 2616 or who falls into the criteria of Section 2601. The provisions of Sections 2617-2620 apply to the submission of reports for multijurisdiction parolees.
(c) Board Action.
(1) Issue Warrant. The board shall review the information to determine if a warrant should be issued to place or retain the parolee in custody. In making the warrant decision the board shall consider the factors listed in Sections 2601 and 2602.
(2) Revocation Proceedings. The board shall review the information to determine whether the parolee should be scheduled for revocation proceedings or continued on parole.
If the parolee is scheduled for revocation proceedings the provisions of Section 2641 apply. If the parolee does not waive the revocation hearing or requests a hearing after a conditional waiver, the interstate unit will arrange for officials of the receiving state to conduct a revocation hearing. The receiving state's recommendations as to good cause shall be referred to the board. The receiving state may make any recommendation listed in Section 2645. The board shall review the other state's recommendation and make the decision concerning good cause.
If the decision is to return the parolee to custody, the parolee shall be returned to California as soon as possible if he is not undergoing criminal prosecution in the receiving state. If he is undergoing criminal prosecution, the parolee shall be retained in custody under a parole hold in the other state. When the criminal prosecution terminates, the board shall review the case to determine whether the parolee should be returned to California to complete any time remaining on the revocation time, the revocation order should be modified to the amount of time already served, or the parolee should be discharged. The California hold will be retained for no longer than 180 days or one year, as set forth in Section 2606, from the date the hold was placed.
NOTE
Authority cited: Sections 3040, 3052 and 5076.2, Penal Code. Reference: Sections 3056, 3057, 3060 and 3064, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
3. Amendment of subsections (a) and (c)(2) and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Article 9. Parole Revocation Extension Procedures
§2740. Parole Revocation Maximum Term.
Note • History
(a) Parole Hold/Discovery Date Prior to October 1, 2011. Confinement pursuant to a revocation of parole, in the absence of a new conviction and commitment under other provisions of law, shall not exceed 12 months, except as provided in Section 2742, or as otherwise provided by law.
(b) Parole Hold/Discovery Date On or After October 1, 2011. Confinement pursuant to a revocation of parole, in the absence of a new conviction under other provisions of law, shall not exceed 180 days, except as provided in Section 2742, or as otherwise provided by law.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3056, 3057, 3060 and 3060.5, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
4. Amendment of section and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Note • History
Following a return to custody term of confinement pursuant to a parole revocation or a parole revocation extension, and without a new commitment to prison, a parolee shall be released to parole for a period which shall not extend beyond that portion of the maximum statutory period of parole specified by Penal Code Section 3000 which was unexpired at the time of each revocation.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
§2742. Parole Violation Extension Procedures.
Note • History
(a) General. Notwithstanding the provisions of Section 2740, the board may extend the confinement pursuant to parole revocation for a maximum of an additional 12 months for subsequent acts of misconduct committed by the parolee while confined pursuant to that parole revocation.
(b) Reportable In-Custody Misconduct. Upon discovery of a parolee's misconduct, the institution or county jail/holding facility staff will determine whether or not the conduct is reportable to the Board of Prison Terms as conduct for which revocation custody time may be extended under Penal Code Section 3057(c).
(c) Reporting. CDC/county jail staff shall present the parolee's misconduct to the Board of Prison Terms. Reports of misconduct shall be forwarded whether or not the underlying conduct has been adjudicated by CDC.
Institutional staff shall prepare and present their cases to any available deputy commissioner or commissioner for screening and disposition of the case at the institution where the parole violator is housed.
County jail cases will be forwarded to the regional headquarters, P&CSD, where they will be presented to a deputy commissioner or commissioner for screening and disposition.
(d) Extension Pending Hearing. In any misconduct case in which the parolee is within 45 days of his/her re-release date, and where there is no deputy commissioner or commissioner personally available, staff shall report the misconduct by telecopier to the board central office calendar for immediate action requesting that the parolee's re-release date be extended for a period not to exceed 30 days for misconduct punishable as a serious disciplinary offense or for a period not to exceed 45 days for misconduct punishable as a misdemeanor or felony. The signature of one commissioner or deputy commissioner shall be required to order the extension pending revocation extension proceedings.
(e) Urgent Extension Pending Hearing. In those instances wherein the act of misconduct takes place immediately prior to release or during such time as the Board of Prison Terms is closed (holidays, weekends, evenings, etc.), and the release of the parolee/inmate would otherwise take place without an action by the board, staff may contact authorized BPT employees by phone and these persons may order that the parolee's release be extended without written order. Any telephonic extension so ordered shall be confirmed by the person ordering it in writing on the next working day.
(f) Screening. Screening (offering and accepting stipulated dispositions) shall be conducted by one deputy commissioner or commissioner and an extension period offered commensurate with the degree of seriousness of the misconduct. If the parolee accepts the revocation extension offer, he/she shall sign an unconditional waiver, under the provisions of section 2641(a). In cases where there is insufficient information to support a good cause finding but the reviewer believes that upon presentation of additional evidence a good cause finding could be made, the matter will be scheduled for a revocation extension hearing and the commissioner or deputy commissioner shall notify P&CSD that additional evidence must be obtained and provided for the revocation extension hearing.
(g) Optional Waivers. A parolee may sign an optional waiver under section 2641(b) in cases where criminal charges are pending relating to the same conduct. Upon disposition of the criminal charges, the parolee may request a hearing or sign an unconditional waiver.
(h) Scheduling. All cases requiring an extension hearing shall be scheduled promptly in order to maintain the availability of witnesses. When the revocation release date has been extended pending a hearing, the hearing shall be conducted prior to the extended revocation release date or the misconduct charges will be dismissed.
(i) Rights. Parolees pending a revocation extension hearing will be afforded the same rights as parolees pending revocation hearings.
(j) Transfer Pending Hearing. Parolees scheduled for revocation extension hearings shall not be transferred from the institution prior to the hearing.
(k) Disposition.
(1) Multiple Misconduct Charges. Multiple misconduct charges shall be assessed consecutive to each other, and shall not exceed 12 months for all misconduct during one parole revocation period.
(2) Disciplinary Rule Violation Schedule. When a hearing panel makes a good cause finding that a prisoner has committed an act of misconduct which is subject to punishment pursuant to Penal Code Section 3057, the hearing panel may assess additional time to the prisoner's parole revocation period in accordance with the following schedule:
(A) Felonies. Upon a finding of good cause that a prisoner, confined pursuant to a parole revocation, has committed an act of misconduct punishable as a felony, whether or not prosecution is undertaken, the board may assess from 0-180 days of additional revocation time.
Acts of misconduct which are punishable as felonies include the following:
1. Murder, manslaughter or attempted murder.
2. Aggravated assault by prisoner.
3. Possession or manufacture of any firearm, deadly weapon, or explosive device (includes any sharp instrument).
4. Battery on non-prisoner by prisoner.
5. Assault with a deadly weapon or caustic substance.
6. Rape, Sodomy or oral copulation accomplished against victim with force.
7. Arson involving the burning of a structure.
8. Possession of flammable explosive or combustible material with intent to burn any structure or property.
9. Solicitation of murder, assault with a deadly weapon by means of force likely to produce bodily injury, arson, or a forcible sex act.
10. Taking of a hostage.
11. Escape or attempted escape, with force.
12. Escape from any prison, institution, camp or re-entry facility.
13. Escape or attempted escape without force from a prison, institution, camp or re-entry facility.
14. Willful and intentional destruction of public property valued in excess of $400 in a state prison or county jail.
15. Conspiracy to commit any felony or misdemeanor offense.
16. Assault or battery on a peace officer, not involving the use of a weapon.
17. Furnishing equipment or aiding and abetting an escape or escape attempt.
18. Extortion.
19. Bribery.
20. Solicitation of extortion, bribery or forgery.
21. Arson of land or property of another not involving a structure.
22. Forgery, falsification or alteration of any official record or document prepared or maintained by the department which could affect a term of imprisonment.
23. Possession of any narcotic, drug or controlled substance in a re-entry facility.
24. Manufacture of alcohol.
25. Possession of any alcoholic beverage or intoxicating substance, in any prison, institution or camp including a re-entry facility.
26. Possession of any container, device, contrivance, instrument or paraphernalia intended for unlawfully injecting or consuming narcotics, drugs or alcoholic beverages.
27. Commission of any felony offense not otherwise mentioned in this schedule.
(B) Misdemeanors. Upon a finding of good cause to believe that a prisoner, confined pursuant to a parole revocation, has committed an act of misconduct punishable as a misdemeanor, whether or not prosecution is undertaken, the board may assess from 0-90 days of additional revocation time.
Acts of misconduct which are punishable as misdemeanors include the following:
1. Participating in a riot, rout or unlawful assembly.
2. Inciting a riot.
3. Indecent exposure.
4. Battery on a prisoner in which no serious bodily injury is inflicted and no weapon is used.
5. Theft or embezzlement involving funds or property with a value less than $400.
6. Intentional destruction of state property valued at less than $400.
7. Consensual participation in an act of sodomy or oral copulation.
8. Gambling in any prison, institution, camp or re-entry facility.
9. Commission of any misdemeanor offense not otherwise mentioned in this schedule.
(C) Serious Disciplinary Offenses. Upon a finding of good cause to believe that a prisoner, confined pursuant to a parole revocation, has committed an act of misconduct defined as a serious rule violation pursuant to Section 3315, the board may assess from 0-30 days of additional revocation time.
Serious disciplinary offenses include but are not limited to the following:
1. Any act committed by a prisoner is a serious disciplinary offense if the act or action of the prisoner is an act of force or violence against another person, a breach of or presents a threat to institution security, a serious disruption of institution operations, the introduction or use of dangerous contraband or controlled substances or an attempt to commit any such act coupled with a present ability to carry out the threat or attempt if not prevented from doing so.
2. Any act of misconduct which is reportable to the Board of Prison Terms.
3. Intentional destruction of state property valued at $50 or more, or intentional damage to state property requiring more than $50 to repair or replace.
4. Hideout or preparation to escape.
5. Possession of escape paraphernalia.
6. Possession of money in an amount of five dollars or more without proper authorization.
7. Acts of disobedience or disrespect which by reason of intensity or context create a potential for violence or mass disruptive behavior.
8. Willfully inciting or attempting to incite other persons to commit an unlawful act of force or violence.
9. Refusal or failure to perform work or participate in programs as ordered or assigned.
10. Participation in a strike or work stoppage.
11. Mail or visiting violations that create a threat to the safety of any individual or to institutional security, including the introduction of dangerous contraband or a controlled substance, or the obtaining or attempt to obtain a family visit by falsification of information.
12. The throwing of any liquid or solid substance on a nonprisoner.
13. Unauthorized possession of official departmental records or documents which could affect any prisoner's sentence.
14. Refusal to submit to a test for controlled substances.
15. Late return or failure to return from authorized temporary release.
16. A pattern of administrative rule violations indicating significant maladjustment, which violations are of increasing seriousness or are of special significance in light of an existing release date.
17. Involvement in a conspiracy to do any or all of the above.
NOTE
Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
Article 10. Worktime Credits
Note • History
(a) Parole Revocation Terms: Parole Hold/Discovery Date Prior to October 1, 2011 with a Revocation Period.
(1) Except for those parolees falling within the guidelines of Section 2744, any revocation period imposed pursuant to Section 2740 may be reduced in the same manner and to the same extent as the term of imprisonment may be reduced by worktime credits under Penal Code Section 2933. Worktime credit must be earned and may be forfeited pursuant to the provisions of Penal Code Section 2932.
(2) Worktime credit forfeited shall not be restored.
(3) Detention in a county jail facility or community correctional facility shall result in the application of time credits equal to those provided in Penal Code Section 2931.
(b) Parole Revocation Terms: Parole Hold/Discovery Date On or After October 1, 2011 with a Revocation Period Where the Parolee is Housed in a City or County Facility. On and after October 1, 2011, except for those parolees falling under the guidelines of subdivision (c), for parolees housed in a county or city jail, industrial farm, or road camp, a revocation period imposed pursuant to Section 2740 may be reduced in credits under Penal Code Section 4019.
(c) Parole Revocation Terms: Parole Hold/Discovery Date On or After October 1, 2011 with a Revocation Period for Life Inmates. Except for those parolees falling within the guidelines of Section 2744, any revocation period imposed pursuant to Section 2740 for an inmate with a life term housed in state prison may be reduced in the same manner and to the same extent as the term of imprisonment may be reduced by worktime credit under Penal Code Section 2933. Worktime credit must be earned and may be forfeited pursuant to the provisions of Penal Code Section 2932. This shall apply to life inmates who do not meet the criteria for a hearing pursuant to Penal Code Section 3000.1. This shall also apply to life inmates who do meet the criteria for a hearing pursuant to Penal Code Section 3000.1, but only in the event the disposition of the 3000.1 hearing is for a specific parole revocation period.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 2932, 2933, 3000.1, 3056, 3057 and 4019, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
4. Editorial correction adding HISTORY Nos. 2 and 3 (Register 89, No. 30)
5. Amendment of section and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
§2744. Non-Eligibility for Worktime Credits.
Note • History
In addition to and in accordance with Section 2733, parolees with a Parole Hold/Discovery Date prior to October 1, 2011, and life term inmates on and after October 1, 2011, who meet the following criteria are not eligible for worktime credits:
(a) parolees who are sentenced under Penal Code Section 1168 with a maximum term of life imprisonment.
(b) parolees who violate a condition of parole relating to association with specified persons, entering prohibited areas, attendance at parole out-patient clinic, or psychiatric attention.
(c) parolees who were revoked for conduct described in, or that could be prosecuted under, any of the following sections whether or not prosecution is undertaken: Penal Code Section 189, Section 191.5, subdivision (a) of Section 192, subdivision (a) of Section 192.5, Sections 203, 207, 211, 215, 217.1 or 220, subdivision (b) of Section 241, Section 244, paragraph (1) or (2) of subdivision (a) of Section 245, paragraph (2) or (6) of subdivision (a) of Section 261, paragraph (1) or (4) of subdivision (a) of Section 262, Section 264.1, subdivision (c) or (d) of Section 286, Section 288, subdivision (c) or (d) of Section 288a, subdivision (a) of Section 289, 347, or 404, subdivision (a) of Section 451, Sections 12022, 12022.5, 12022.53, 12022.7, 12022.8, or 25400, Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6, any provision listed in Section 16590, or Section 664 for any attempt to engage in conduct described in or that could be prosecuted under any of the above-mentioned sections.
(d) parolees who were revoked for any reason if they had been granted parole after conviction of any of the offenses specified in Section 2744(c).
(e) parolees who the Board of Prison Terms finds at a revocation hearing to be unsuitable for reduction of the period of confinement because of the circumstances and gravity of the parole violation, or because of prior criminal history.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section 3057, Penal Code.
HISTORY
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87, No. 50). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
4. Amendment of section and Note filed 8-29-2012; operative 9-28-2012 (Register 2012, No. 35).
Chapter 7. Executive Clemency
Article 1. Certificate of Rehabilitation
HISTORY
1. Repealer of Article 1 (Sections 2800-2807) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
Article 2. Traditional Pardon Procedures
History
The procedures in this article apply to persons sentenced to life imprisonment without possibility of parole, to persons residing outside of California, and to persons discharged or released on parole before May 13, 1943.
§2816. Application Direct to Governor.
(a) Persons Eligible. The following persons shall apply directly to the Governor: persons residing outside California, persons discharged or released on parole prior to May 13, 1943, and persons serving sentences of life imprisonment without possibility of parole who have suffered more than one felony conviction.
(b) Board Investigation. Upon request of the Governor the board shall investigate and report on any application for reprieves, pardons and commutations of sentence. The board shall consider the application, the transcripts of judicial proceedings and all documents submitted with the application. Investigators for the board may take testimony, examine witnesses under oath and take all action necessary to conduct a full and complete investigation of the application. The board may require the court in which the conviction was had or the district attorney who prosecuted the action, to furnish it immediately with a summary of the facts proved at trial, any other facts relevant to issuing or denying the pardon, and any recommendations, including the reasons, concerning granting or denying the pardon.
§2817. Board Referral to Governor.
Note • History
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 4801 and 5076.1, Penal Code.
HISTORY
1. Amendment of subsections (e) and (f) and new subsection (g) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (b) filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
3. Repealer of subsection (c) and relettering of subsections (d)-(g) to subsections (c)-(f) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).
4. Repealer of subsection (f) filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
5. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No. 46).
6. Amendment of subsections (a) and (b) and Authority Note, repeal and new subsections (c)-(e), and new subsections (f)-(h) filed 11-26-90; operative 12-26-90 (Register 91, No. 2).
7. Repealer filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
§2817.1. Board Hearing, Clemency.
Note • History
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 4801 and 5076.1, Penal Code.
HISTORY
1. New section filed 11-26-90; operative 12-26-90 (Register 91, No. 2).
2. Repealer filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
Note • History
Prior to en banc consideration the executive officer shall assign a deputy commissioner or the chief investigator or his or her designee to complete a background investigation and submit a written report.
In all cases referred to the board for investigation by the Governor, the full board shall consider the recommendation to be made to the Governor regarding pardon and/or commutation. The recommendation of a majority of the full board shall be the board's recommendation to the Governor. If the case was referred by a hearing panel and the board does not recommend pardon, the board shall not refer the case to the Governor but shall provide the prisoner with its reasons for not recommending pardon.
NOTE
Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 4801 and 5076.1, Penal Code.
HISTORY
1. New undesignated first sentence and NOTE filed 11-26-90; operative 12-26-90 (Register 91, No. 2).
2. Amendment filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
History
HISTORY
1. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
Article 3. Battered Woman Syndrome; Commutation or Court Referral
§2830. Recommendation to Governor or Other Action.
Note • History
Upon referral from the Executive Officer, a Commissioner, or a Deputy Commissioner, the Board shall investigate cases with information or evidence that the prisoner suffered Battered Woman Syndrome (BWS), as defined in section 2000(b), to determine whether the criminal behavior was the result of that victimization. If the investigation substantiates that the criminal behavior was the result of that victimization, the Board shall then decide whether further action, which may include a recommendation to the Governor that the prisoner's sentence be commuted pursuant to Penal Code section 4801, or a referral of the case back to the court pursuant to Penal Code section 1170(d), is appropriate. Board staff shall document the results of investigations from all referrals.
NOTE
Authority cited: Sections 3052 and 5076.2(a), Penal Code. Reference: Sections 1170(d), 4801, 5075.5 and 5076.1, Penal Code.
HISTORY
1. New article 3 (section 2830) and section filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 2001, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-16-2001 order transmitted to OAL 7-16-2001 and filed 8-20-2001 (Register 2001, No. 34).
Chapter 10. Foreign Prisoner Transfer
§2870. Foreign Prisoner Transfer.
Note • History
The Chairman of the Board of Prison Terms, as the Governor's designee, has been given the authority to approve or disapprove foreign prisoner transfers under the Convention on the Transfer of Sentenced Persons pursuant to Government Code section 12012.1. Any prisoner wishing to transfer to his/her country of citizenship must submit a written request to the Chairman.
(a) Requests. As a part of the request for transfer, the prisoner must request that the receiving nation submit a letter directly to the Chairman stating an intention to accept the transferred prisoner and indicating the receiving nation's intentions regarding the incarceration of the prisoner. These indications should include such information as the intended duration of the prisoner's sentence in that country and the parole programs available for the prisoner upon his release. Once the Chairman has received the prisoner's written request and the receiving nation's letter of intent, the following factors will be considered and a decision rendered.
(b) Factors Considered. In making a decision on the transfer of a sentenced person, factors to be considered include, but are not limited to, the following:
(1) The possibility of the transfer contributing to the prisoner's social rehabilitation;
(2) The gravity of the commitment offense;
(3) The prior criminal history of the prisoner;
(4) The health of the prisoner;
(5) The family, social, or other ties of the prisoner to the sentencing state and the receiving nation; and
(6) The relevant law within the receiving nation for the criminal offense committed by the prisoner, including sentencing guidelines.
NOTE
Authority cited: June 9, 1999 Delegation of Authority from Governor Davis to Chairman James Nielsen and the Board of Prison Terms. Section 12012.1, Government Code. Reference: Section 12012.1, Government Code. The Convention on the Transfer of Sentenced Persons, 22 I.L.M. 530 (1983).
HISTORY
1. New chapter 10 (section 2870) and section filed 6-18-99 as an emergency; operative 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-18-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-18-99 order transmitted to OAL 8-24-99 and filed 10-5-99 (Register 99, No. 41).
Division 3. Adult Institutions, Programs and Parole
Chapter 1. Rules and Regulations of Adult Operations and Programs
HISTORY
1. Change without regulatory effect repealing preface filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
Article 1. Behavior
Note • History
The following are definitions of terms as used in these regulations:
Accessory means a person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that the principal may avoid punishment, and has knowledge that said principal committed the felony.
Administrative Officer of the Day (AOD) means an administrative staff member possessing managerial experience and authority to make decisions in the absence of an Institution Head.
Adverse Witness means a person who has given or will give information against a prisoner or parolee. For the purpose of conducting parole revocation hearings, adverse witness means a person whose expected testimony supports the violation charged.
Alternative Custody Program (ACP) means a voluntary program developed for female inmates whose current commitment offense is neither violent nor serious and whose prior or current commitment offense is not a registerable sex offense pursuant to PC section 1170.05 that allows eligible inmates committed to state prison to serve their sentence in the community in lieu of confinement in state prison. Provisions for ACP are located in Title 15, Division 3, Chapter 1, Article 6.8 commencing with section 3078.
Alternative Custody Program Participant means any offender who is approved for and placed in the Alternative Custody Program as defined in this section.
Appeal means a formal request for, or the act of requesting, an official change of a decision, action, or policy.
Architectural and Engineering Services means those services procured outside of the State's Civil Service procedures and which are rendered by an architect or engineer, but may include ancillary services logically or justifiably performed in connection therewith.
Arrest means the taking of a person into custody, in a case and in a manner authorized by law.
Asylum State means the state other than California in which a parolee-at-large is in custody.
Attempted Escape means an unsuccessful effort to breach a secured perimeter or the use of force against a person to attempt access into an unauthorized area. Some progress toward implementing an escape must be made to implement a plan. This includes, but is not limited to the following overt acts: acquiring unauthorized clothing or identification, preparing a hiding place in an unauthorized area, lying in wait for a potential hostage, attempting access to a perimeter that was unsupervised, unlawfully obtaining tools to aid in an escape, manufacturing a likeness of a person in order to substitute for the inmate's presence, or receiving assistance from other conspirators who acted upon an escape plan, e.g. a plan to escape uncovered from verbal, telephone or mail communication.
Automated Needs Assessment Tool means a systematic process which consists of a series of questions and a review of the inmate's criminal data in order to establish a baseline for the offender's criminogenic needs to assist in determining appropriate placement in a rehabilitative program.
Behavior Management Unit is alternate general population housing and programming which is designed to reduce inmate's continuing involvement in disruptive behavior, violence, or noncompliance with CDCR rules and regulations, allowing non-disruptive inmates in the general population the opportunity to program without continual interruption due to the behavior of a smaller, more disruptive segment of the inmate population.
Board of Parole Hearings (Board) means the state agency which is responsible for the administration of parole for those persons committed to the department under Penal Code section 1168 and those committed under Penal Code section 1170 who also meet the criteria found in Penal Code section 2962.
California Agency Parolee means a person released from department facility to parole supervision in a California community who subsequently is within the custody of any California agency, or subdivision thereof, except the department.
California Agency Prisoner means a prisoner who has been transferred from the custody of the department to the custody of any other California agency or subdivision thereof.
California Concurrent Parolee means a person on parole for a California sentence and a sentence of another jurisdiction who is being supervised in a California community pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
California Out-of-State Correctional Facility (COCF). The COCF is a program through which male CDCR inmates are transferred to out-of-state correctional facilities that have contracted with the CDCR to provide housing, security, health care and rehabilitative programming services to CDCR inmates.
Case Conference Review means a documented review of the progress made in the Case Plan and the effectiveness of the current plan to determine necessary modifications. It will also include a review to determine if the parole supervision/case management expectations have been met.
Case records file means the file which contains the information concerning an inmate which is compiled by the department pursuant to Penal Code Section 2081.5 and includes such components as the central file, education file, visiting file and parole field file.
Central File (C-File) means a master file maintained by the department containing records regarding each person committed to its jurisdiction.
Central Office Calendar means the calendar which is composed of administrative hearing officers as designated by the deputy director, parole hearings division. They are authorized to make decisions regarding matters reported to the parole hearings division, including the decision to order a hearing scheduled.
Central Office Hearing Coordinator means the parole hearings division employee at headquarters who is responsible for hearing schedules, attorney appointments, and other hearing-related services.
Certification means that a business concern has obtained verification that it meets the definition of disabled veteran business enterprise pursuant to Military and Veterans Code section 999(g) from an agency that has been authorized by law to issue such certification.
Chaplain means an individual duly designated by a religious denomination to discharge specified religious duties, including a native American Indian spiritual leader.
Child means a person under the age of 18 years.
Chronological History means a CDC Form 112 (Rev. 9/83), Chronological History, prepared for each inmate, upon which significant dates and commitment information affecting the inmate are logged.
Classification and Parole Representative (C&PR) means the department employee designated at each institution to be that institution's liaison with releasing boards and parole staff.
Collateral Contact means any communication between a Division of Adult Parole Operations staff and another person concerning a parolee.
Concurrent Parolee means a person on parole for a California sentence and a sentence of another jurisdiction who is being supervised in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
Conditions of Parole mean the specific conditions under which a prisoner is released to parole supervision.
Confinement to Quarters (CTQ) means an authorized disciplinary hearing action whereby an inmate is restricted to their assigned quarters for a period not to exceed five days for administrative rule violations and ten days for serious rule violations.
Contraband means anything which is not permitted, in excess of the maximum quantity permitted, or received or obtained from an unauthorized source.
Control Service means the middle supervision category of a person on parole.
Controlled Substance means any substance, drug, narcotic, opiate, hallucinogen, depressant, or stimulant as defined by California Health and Safety Code section 11007. Also included are prescribed medications containing any of the substances identified in the H&SC section above.
Cooperative Parolee means a person on parole for a California sentence who is under parole supervision in a state other than California pursuant to the Uniform Act for Out-of-State Parole Supervision (Penal Code sections 11175-11179).
Course of conduct means two or more acts over a period of time, however short, evidencing a continuity of purpose.
Court Order means a custody determination decree, judgment, or order issued by a court of competent jurisdiction, whether permanent or temporary, initial or modified, that affects the custody or visitation of a child, when issued in the context of a custody proceeding. An order, once made, shall continue in effect until it expires, is modified, is rescinded, or terminates by operation of law.
Criminal Identification and Investigation (CI&I) Report means the report defined by Penal Code section 11105, commonly referred to as “Rap Sheet”.
Criminogenic Need means an attribute of the inmate that is directly linked to criminal behavior.
Cumulative Case Summary means the cumulative summary of specific portions of the record maintained by the department regarding each prisoner from reception to discharge.
Custody of the department means the inmate is in the physical custody of the department. The inmate would be considered out of the custody of the department when; out to court and housed in a County or Federal facility, escaped and not returned to departmental custody, in a non-departmental mental health facility, and in a medical facility under non-departmental supervision.
Dangerous contraband means materials or substances that could be used to facilitate a crime or could be used to aid an escape or that have been altered from their original manufactured state or purpose and which could be fashioned into a weapon. Examples would include, but not be limited to, metal, plastic, wood, or wire. Also included are: sharpened objects such as scissors or other tools not authorized to be in the inmate's possession, as well as poison, caustic substances, flame producing devices i.e. matches or lighters or cellular telephones or wireless commuication devices or any components thereof, including, but not limited to, a subscriber identity module (SIM card), memory storage device, cellular phone charger.
Deadly weapon means any weapon identified in Penal Code section 4502. Any item or substance not readily identified as a weapon becomes a deadly weapon when used in a manner that could reasonably result in serious bodily injury or death.
Department means the California Department of Corrections and Rehabilitation.
Deputy Regional Parole Administrator means the department's administrator within a Division of Adult Parole Operations region.
Detainer means a written document received from an official representing a district attorney office, court, or correctional or law enforcement agent which indicates that an inmate is wanted by that office and the basis for the detainer.
Determinate Sentencing Law (DSL) Prisoner means a person sentenced to prison under Penal Code section 1170 for a crime committed on or after July 1, 1977.
Direct and Constant Supervision means an inmate shall be monitored and observed by CDC staff, either custody staff or work supervisor as indicated in these regulations, sufficiently to account for the specific whereabouts of the inmate at all times.
Director means the director of the department of corrections.
Disabled Veteran Business Enterprise means a business concern as defined in Military and Veterans Code section 999(g).
Disabled Veteran Business Enterprise focus paper means a publication that meets all of the following criteria: (1) has an orientation relating to the disabled veteran business enterprise; (2) is known and utilized by members of the disabled veteran business enterprise community; (3) primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at disabled veteran business enterprises; and (4) is readily available within the geographical area for which the advertisement is placed and for which the services are to be performed.
Disabled Veteran Business Enterprise focus paper and trade paper means a publication that meets all of the criteria of a disabled veteran business enterprise focus paper and all of the criteria of a trade paper.
Disciplinary Detention means a temporary housing status which confines inmates so assigned to designated rooms or cells for prescribed periods of time as punishment for serious rule violations.
Disciplinary Free means without any finding of guilt of a disciplinary infraction filed on a CDC Form 115, Rule Violation Report, classified as either administrative or serious.
Disciplinary Free Period means the period that commences immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation classified as serious.
Disruptive Behavior means behavior which might disrupt orderly operations within the institutions, which could lead to violence or disorder, or otherwise endangers facility, outside community or another person as defined in sections 3004(b), 3005(a) and 3023(a).
Disruptive Group 1 -- means any gang, other than a prison gang.
Distribution means the sale or unlawful dispersing, by an inmate or parolee, of any controlled substance; or the solicitation of or conspiring with others in arranging for, the introduction of controlled substances into any institution, camp, contract health facility, or community correctional facility for the purpose of sales or distribution.
District Administrator means the department's administrator of a Division of Adult Parole Operations unit, district, or geographical area.
Drug paraphernalia means any device, contrivance, instrument, or paraphernalia intended to be used for unlawfully injecting or consuming into the human body a controlled substance as identified in Health and Safety Code section 11007.
Drugs means substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease, and as defined in Health and Safety Code section 11014.
Effective communication means providing the inmate, to the extent possible, the means to understand and participate in the disciplinary process to the best of their ability. This may be accomplished through reasonable accommodation or assignment of a staff assistant. If the inmate's Test of Adult Basic Education (TABE) score is 4.0 or lower, employees are required to query the inmate to determine whether or not assistance is needed to achieve effective communication. The employee is required to document on appropriate CDCR forms his/her determination of whether the inmate appeared to understand, the basis for that determination and how it was made. For contacts involving due process, employees shall give priority to the inmate's primary means of communication, which may include but is not limited to; auxiliary communication aids, sign language interpreter, and bilingual interpreter.
Escape History refers to any reliable information or inmate self-admission in the central file to an escape, attempted escape, walkaway, or plan to escape. The available information describing the circumstances of the escape or attempted escape shall be evaluated in determining the level of risk to correctional safety and security posed by the inmate.
Examinee means a person who voluntarily takes a polygraph examination.
Exceptional Circumstances means circumstances beyond the control of the department or the inmate that prevent the inmate or requested witnesses from participating in the disciplinary hearing within established time limitations. Examples of this as applied to an inmate would include a serious temporary mental or physical impairment verified in writing by a licensed clinical social worker, licensed psychologist, psychiatrist, or physician. Some examples of exceptional circumstances preventing staff witnesses, to include the reporting employee, from attending the disciplinary hearing would be extended sick leave, bereavement leave, personal emergency, or extended military duty. Exceptional circumstances, as described above, would allow for suspension of time limitations pending resolution of the instances.
Ex-Offender means a person previously convicted of a felony in California or any other state, or convicted of an offense in another state which would have been a felony if committed in California.
Face-to-Face Contact means an in-person contact with a parolee, or an Alternative Custody Program Participant, by a CDCR parole agent.
Facility means any institution; community-access facility or community correctional facility; or any camp or other subfacility of an institution under the jurisdiction of the department.
Facility Security Perimeter is any combination of living unit, work area and recreation area perimeters that is set aside to routinely restrict inmate movement based on custody level. This perimeter will contract and expand depending upon the weather, lighting conditions and hours of operation.
Federal Consecutive Prisoner means a California prisoner who is also under sentence of the United States and is confined in a federal correctional facility, and whose California term shall commence upon completion of the United States' sentence.
Felony means a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
Field Contact means face-to-face contact by Division of Adult Parole Operations staff with a parolee away from the parole office or office parking area.
Firm means any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management.
Force, as applied to escape or attempted escape refers to physical contact or threat of physical harm against a person to enable or attempt the escape.
Frequent and Direct Supervision means that staff supervision of an inmate shall be sufficient to ensure that the inmate is present within the area permitted.
Friendly Witness means any witness who is not an adverse witness.
Gang means any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing threatening, financing, soliciting, or committing unlawful acts or acts of misconduct classified as serious pursuant to section 3315.
General Chrono means a CDC Form 128-B (Rev. 4-74) which is used to document information about inmates and inmate behavior. Such information may include, but is not limited to, documentation of enemies, records of disciplinary or classification matters, pay reductions or inability to satisfactorily perform a job, refusal to comply with grooming standards, removal from a program, records of parole or social service matters.
General Conditions of Parole mean general rules regarding behavior required or prohibited during parole for all parolees.
Goal means a numerically expressed disabled veteran business enterprise objective as set out in Public Contract Code section 10115(c), that awarding departments and contractors are required to make efforts to achieve.
Good Cause means a finding based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.
Good Faith Effort means a concerted effort on the part of a potential contractor to seek out and consider disabled veteran-owned and operated business enterprises as potential contractors, and/or subcontractors in order to meet the program participation goals.
Great bodily injury (GBI) means any bodily injury that creates a substantial risk of death.
Grievance means a complaint about a decision, action, or policy which an inmate, parolee or staff wish to have changed.
Harassment means a willful course of conduct directed at a specific person, group, or entity which seriously alarms, annoys, or terrorizes that person, group, or entity and which serves no legitimate purpose.
Hearing Committee means a panel of three certified Senior Hearing Officers comprised of: one Correctional Lieutenant or Correctional Counselor II, one Facility/Correctional Captain or Correctional Counselor III, and one staff member at the level of Associate Warden or above, or any combination thereof.
High Control means the highest supervision category of a person on parole.
Hold means to retain an inmate or parolee, who is under the Secretary's jurisdiction, in custody at an institution or a local detention facility in response to the legal request of a law enforcement or correctional agency representative.
Immediate Family Members means legal spouse; registered domestic partner, natural parents; adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration; step-parents or foster parents; grandparents; natural, step, or foster brothers or sisters; the inmate's natural and adoptive children; grandchildren; and legal stepchildren of the inmate. Aunts, uncles and cousins are not immediate family members unless a verified foster relationship exists.
Incarcerating Jurisdiction means the jurisdiction where an Interstate or Western Interstate Corrections Compact, federal contract, federal concurrent, or concurrent prisoner is incarcerated.
Indecent Exposure means every person who willfully and lewdly, either: exposes his or her person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, procures, counsels, or assists any person so to expose him or her self or take part in any model artist exhibition, or to make any other exhibition of him or her self to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts.
Indeterminate Sentence Law (ISL) means a person sentenced to prison for a crime committed on or before June 30, 1977, who would have been sentenced under Penal Code section 1170 if he/she had committed the crime on or after July 1, 1977.
Indigent Inmate means an inmate who is wholly without funds at the time they were eligible for withdrawal of funds for canteen purchases.
Inmate means a person under the jurisdiction of the Secretary and not paroled. Inmate and prisoner are synonymous terms.
Inmate Match means a one-on-one match of a citizen volunteer and an inmate who receives few or no visits to establish a relationship which encourages positive inmate behavior and programming.
Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.
Institution Head means a warden, regional parole administrator, or designated manager of a facility housing inmates.
Interstate Unit means the office of the parole and community services division which coordinates the supervision of California cooperative parolee and the return of parolees-at-large from asylum states. The unit is responsible for Interstate and Western Interstate Corrections Compacts, federal contrast, federal concurrent, and consecutive prisoners and multijurisdiction parolees incarcerated in the prison of another jurisdiction.
Intoxicant not identified as a controlled substance means toluene or any bi-product i.e. paint thinners, paint, fingernail polish, lacquers, gasoline, kerosene, adhesives or other substance that markedly diminishes physical and/or mental control.
Joint Venture Employer (JVE) means any public entity, nonprofit or for profit entity, organization, or business which contracts with the director for the purpose of employing inmate labor.
Joint Venture Program (JVP) means a contract entered into between the director and any public entity, nonprofit or for profit entity, organization, or business for the purpose of employing inmate labor.
Laboratory means any toxicological or forensic laboratory which has been recognized by the state, other certifying agency, or which is accepted by any local, county, or state prosecuting authority to provide evidence as to the presence of controlled substances in human body fluids or confirm that a substance is or contains any controlled substance.
Legal process means a writ, summons, warrant or mandate issued by a court.
Legal Status Sheet (LSS) means a CDC Form 188, Legal Status Summary, containing the commitment and release status of an inmate.
Life Prisoner means a prisoner whose sentence includes a term of life.
Lockdown means the restriction of all inmates to their cells/dormitory beds encompassing no less than a Facility. True lockdowns are rare occasions, generally following very serious threats to institutional security and the safety of staff and inmates. The movement of any inmate to an assignment or resumption of any program would change the lockdown status of the program, returning the institution/facility to a diminished level of modified program or to normal program.
Lockout means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees.
Manuscript means any written, typed or printed articles of fiction and nonfiction; poems; essays; gags; plays; skits; paintings; sketches; drawings; or musical compositions created by an inmate.
Material Evidence means evidence which has a substantial bearing on matters in dispute and legitimate and effective influence on the decision of a case.
Medical Parolee means a person released from confinement pursuant to Penal Code section 3550.
Minimum Eligible Parole Date (MEPD) means the earliest date on which an Indeterminate Sentence Law or life prisoner may legally be released on parole.
Modified Program means the suspension or restriction of inmate program activities and/or movement that impacts less than all programs or less than all inmates. A Modified Program may either occur independently in response to an incident or unusual occurrence or may occur as a facility transitions from a lockdown to regular programming. Imposed restrictions may fluctuate as circumstances dictate with the goal of resuming regular programming as soon as it is practical. Modified programming will last no longer than necessary to restore institutional safety and security or to investigate the triggering event, and shall not target a specific racial or ethnic group unless it is necessary and narrowly tailored to further a compelling government interest. For those inmates whose movement has been restricted, movement may be authorized on a case-by-case basis for essential or emergency services such as medical, dental, mental health or law library visits. The routine and/or temporary restrictions on inmate movement or yard activities, which do not last longer than 24 hours, are not considered a program modification.
Multijurisdiction Parolee means any concurrent, California concurrent, California agency, or cooperative parolee.
Multijurisdiction Prisoner means any federal contract, federal concurrent, federal consecutive, concurrent, consecutive, California agency, Interstate or Western Interstate Corrections Compact prisoner.
Non-Revocable Parole is a form of unsupervised community release pursuant to the provisions of Penal Code section 3000.03, wherein the parolee is not subject to placement of a parole hold, revocation, or referral to the Board of Parole Hearings for violation of any condition of parole.
Non-secure Facility means any of the following Departmental facilities: Minimum Support Facilities, Camps and Community Correctional Centers (i.e. Community Correctional Reentry Centers, Restitution Centers, Community Correctional Facilities, Drug Treatment Furlough, halfway back facilities, etc.); and comparable facilities in another law enforcement jurisdiction (i.e. county road camps, county detoxification center, etc.)
Our Hold Only (OHO) means a parolee is in custody under a Penal Code section 3056 parole hold and has no other charges or detainers pending.
Out-to-Court means an inmate is temporarily removed from a facility to be brought before a court to be tried for an offense, to be examined by a grand jury or magistrate, or for any other court proceedings.
Parole Agent means an employee and his/her supervisors in the department who are assigned to supervise those persons released from incarceration to the supervision of the Division of Adult Parole Operations.
Parolee Field File means a file maintained by a parole unit office containing information about a parolee and his or her current parole.
Parole Hearings Division means the division of the department which is responsible for the department's administration of paroles for those persons committed to the department under Penal Code section 1170, except those who also meet the criteria of Penal Code section 2962.
Parole Hold means authorization by a departmental employee to hold a parolee in custody pursuant to section 3056 of the Penal Code.
Parole Violation means conduct by a parolee which violates the conditions of parole or otherwise provides good cause for the modification or revocation of parole.
Parole Violation Extension means an extension of return-to-custody time for a parolee in revoked status.
Parole Violator means a parolee who is found to have violated parole and who may be returned to custody pursuant to Penal Code section 3057.
Parolee means an offender placed on supervised or non-revocable parole by the department.
Parolee-at-Large means an absconder from parole supervision, who is declared a fugitive by releasing authority action suspending parole.
Polygraph Examination means the procedure by which a polygraph examiner renders an opinion as to the veracity of statements made by an examinee.
Polygraph Examiner means a person who purports to be able to determine the truthfulness of statements through the use of a polygraph instrument.
Possession is defined as either actual possession or constructive possession of an object. Actual possession exists when a person has physical custody or control of an object. Constructive Possession exists where a person has knowledge of an object and control of the object or the right to control the object, even if the person has no physical contact with it.
Postrelease Community Supervision is a form of supervision provided after a period of incarceration wherein the inmate is released to the jurisdiction of a county agency pursuant to the Postrelease Community Supervision Act of 2011.
Preprison Credit means credit for time in custody as certified by the court and provided for in Penal Code section 2900.5.
Principal means any person involved in the commission of a crime, felony or misdemeanor, whether they directly commit the act constituting the offense, or aid and abet in its commission, or not being present, have advised and encouraged its commission, or who, by threats, menaces, command or coercion, compel another to commit any crime.
Prison Gang -- means any gang which originated and has its roots within the department or any other prison system.
Prisoner means a person in custody of the Secretary and not paroled. Prisoner and inmate are synonymous terms.
Probation Officer's Report means a CDC Form 174 (Rev. 3/87), Probation Officer's Report, prepared by the probation officer in the county where the offense was committed.
Program failure means any inmate who generates a significant disciplinary history within the last 180 days from the current date. A guilty finding for two serious Rules Violation Reports or one serious and two administrative Rules Violation Reports within that 180 day time period is reasonable evidence of a significant disciplinary history and may be considered a program failure.
Project, as used in sections 3475 through 3478, means a proposal of something to be done for which a contract has not yet been awarded.
Public Interest Case describes an inmate whose crime/criminal history, public recognition, family ties, career or behavior in custody has resulted in extensive media coverage beyond the closest large city and its surrounding areas.
Public official means any person identified in Penal Code Section 76. CDCR staff are considered the staff of an exempt appointee of the Governor.
Received Date means the date an inmate is initially received into a facility of the department.
Receiving State means the state which supervises a cooperative parolee or a concurrent parolee.
Regional Parole Administrator means the department's administrator of a Division of Adult Parole Operations region.
Released on Parole means released from custody to a term of parole supervision and includes: initial releases from custody; parolees released after having served a period of parole revocation; parole violators with a new term; parolees released from any other jurisdiction, for example, federal custody; and offenders ordered directly to parole by a sentencing court, also referred to as “court walkovers.”
Relevant Evidence means evidence which tends to prove or disprove an issue or fact in dispute.
Religious Artifact means any bag, cross, medallion, totem, bible, pipe, or other item in which the possessor places religious or spiritual significance.
Religious Review Committee (RRC) means a committee formed and maintained at each institution that reviews and reaches a decision regarding requests for reasonable accommodation and/or access to religious services.
Residence means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
Residential Facility means a property that is operated for the purpose of providing lodging and services for two or more persons. Residential facilities include sober living facilities and transitional housing facilities that provide services such as money management, substance abuse prevention, relationship and self-esteem workshops, skills for employment stability, job training, and referrals to local community, social, and health services.
Responsible Bidder means, in addition to other State contracting requirements, a bidder who has either met the disabled veteran business enterprise goal or who has demonstrated that a good faith effort was made to meet the goal.
Restricted or controlled inmate movement means that the affected inmates are not permitted normal release schedules and that all or specified movement may require a greater degree of supervision than normal. Such restriction may include, but is not limited to controlled feeding, a section at a time, rather than the entire unit or sub-facility being released. Such restrictions do not constitute a State of Emergency as determined in Section 3383.
Room and Board means all that the department provides for the inmate's care, housing and retention.
Screening means evaluation by staff to ascertain that specified requirements or criteria are met.
Secure Perimeter means the largest Security Perimeter that physically retains inmates in custody on facility property.
Security Concern means the inmate does not otherwise meet the Close Custody case factor criteria established in section 3377.2(b); however, based upon an Institution Classification Committee (ICC) review of all available case factors and disciplinary history, the inmate demonstrates an ongoing heightened security risk that potentially threatens institution safety and security and thereby warrants the direct and constant supervision provided by a Close Custody designation.
Security Perimeter means any unbroken physical barrier or combination of physical barriers that restricts inmate movement to a contained area without being processed through a door, gate, or sallyport.
Senate Bill (SB) 618 Participant means an adult inmate who is deemed eligible and agrees to participate in a SB 618 Program, as defined in section 3000, which includes that prior to reception by the California Department of Corrections and Rehabilitation, the inmate will be assessed and classified at the county in which he or she is adjudged to have committed his or her crime.
Senate Bill (SB) 618 Program means a program developed for nonviolent felony offenders pursuant to SB 618 (2005/2006 session), which added Penal Code section 1203.8, which provides in part that programs shall be available for inmates, including vocational and educational programs that are designed to prepare nonviolent felony offenders for successful reintegration back into the community.
Serious bodily injury (SBI) means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring suturing; and disfigurement.
Serious Offense, for the purpose of conducting parole revocation hearings, refers to any felony listed in section 1192.7(c) of the Penal Code.
Sexual Activity means any behavior of a sexual nature between an inmate and a visitor including, but not limited to:
(1) Sexual intercourse, oral copulation, or masturbation.
(2) The rubbing or touching of breast(s), buttock(s) or sexual organ(s) for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.
(3) Exposure of breast(s), buttocks or sexual organ(s) for the purpose of arousing, appealing to, or gratifying lust, passions, or sexual desires.
Sexual Disorderly Conduct means every person who touches, without exposing, his or her genitals, buttocks or breasts in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense, and that any reasonable person would consider this conduct offensive.
Single Family Dwelling means a real property improvement, such as a house, apartment, or mobile home that is used or is intended for use as a dwelling for one family.
Small Business Firm means a business in which the principal office is located in California and the officers of such business are domiciled in California which is independently owned and operated and which is not dominant in its field of operation. The maximum dollar volume that a small business may generate shall vary from industry to industry to the extent necessary to reflect differing characteristics of such industries.
Special Assignment means a departmentally-approved special program, temporary or short-term assignment for departmental convenience, or medical or psychiatric treatment category with exceptional credit-earning provisions.
Special Conditions of Parole means conditions of parole placed by the Board of Parole Hearings or Division of Adult Parole Operations and restricted to the individual.
Street gang refers to a gang as defined herein except that it is not a prison gang.
Strike means any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer, other than work stoppages based on conflicting union jurisdictions or work stoppages unauthorized by the proper union governing body.
Subcontractor means any person or entity that enters into a subcontract with a prime contractor for work, materials, supplies and/or labor.
Sweat Lodge means a native American Indian ceremonial hut.
Terminal illness means an incurable disease process with progression unresponsive to medical intervention where a medical doctor estimates that death will occur within a six-month period.
Time Computation means the department's uniform method for calculating an inmate's term and minimum and maximum release dates as governed by law.
Time Served means that time an inmate is imprisoned with the department between their received date and a given date.
Trade Paper means a publication that meets all of the following criteria: (1) has a business orientation relating to the trade or industry for which the advertisement is being placed; (2) is known and utilized by members of that trade or industry; (3) primarily offers articles, editorials (if any), and advertisements of business opportunities aimed at that trade or industry; and (4) is readily available within the geographical area for which the advertisement is placed and for which the services are to be performed.
Transient Sex Offender means a parolee who has a statutory requirement to register as a sex offender and who has no residence.
Transitional Housing Unit is a general population program designated for the observation phase of the Prison Gang Debriefing process. This program houses those inmates that are in the second phase of the debriefing process.
Under the influence of alcohol, any drug, controlled substance, toluene or any combination thereof means being in a condition that he/she is unable to exercise care for his/her safety or the safety of others pursuant to Penal Code 647(f) and confirmed by a positive test from a departmentally approved testing method, to include field sobriety testing.
Unit Supervisor means a supervisor of case-carrying parole agents in the Division of Adult Parole Operations.
Vexatious Litigant means a person who does any of the following: (1) in the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (a) finally determined adversely to the person or; (b) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing; (2) after a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate in propria persona either; (a) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or; (b) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined; (3) in any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; (4) has previously been declared to be a vexatious litigant by any state or federal court of record in any actions or proceeding based upon the same or substantially similar facts, transaction, or occurrence. Pursuant to In re Bittaker, Writs of Habeas Corpus are not included under vexatious litigation.
Violent Offense, for the purpose of conducting parole revocation hearings, refers to any felony listed in section 667.5(c) of the Penal Code.
Work Change Area means a portal controlled by staff and/or locking gates that is used to control access and includes the area where staff search inmates prior to permitting inmates in or out of adjacent areas such as Prison Industry Authority yards.
Worktime Credit means credit towards a prisoner's sentence for satisfactory performance in work, training or education programs.
Writ means a court order in writing, requiring the performance of a specified act, or giving authority to have it done.
NOTE
Authority cited: Sections 2717.3, 3000.03, 5058, 5058.3 and 1170.05, Penal Code; Section 10115.3(b), Public Contract Code; and Sections 4525(a), 4526 and 14837, Government Code. Reference: Sections 186.22, 243, 314, 530, 532, 646.9, 653m, 832.5, 1170.05, 1203.8, 1389, 2080, 2081.5, 2600, 2601, 2700, 2717.1, 2717.6, 2932.5, 3003.5(a), 3020, 3450, 3550, 4570, 4576, 5009, 5054, 5068, 7000 et seq. and 11191, Penal Code; Sections 1132.4 and 1132.8, Labor Code; Sections 10106, 10108, 10108.5, 10115, 10115.1, 10115.2, 10115.3 and 10127, Public Contract Code; and Section 999, Military and Veterans Code; Section 391, Code of Civil Procedure; Section 297.5, Family Code; Section 8550 and 8567, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; In re Bittaker, 55 Cal.App. 4th 1004, 64 Cal. Rptr. 2d 679; Section 11007, Health and Safety Code; and Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH).
HISTORY
1. Amendment of subsection (a)(19) filed 12-1-78 as an emergency; designated effective 1-1-79 (Register 78, No. 48). For prior history, see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment filed 11-20-79 as an emergency; designated effective 1-1-80 (Register 79, No. 47). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-20-80.
4. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
5. Amendment filed 3-2-83: effective thirtieth day thereafter (Register 83, No. 12).
6. Change without regulatory effect repealing and adopting new section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
7. Amendment filed 11-28-90 as an emergency; operative 11-28-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91 or emergency language will be repealed by operation of law on the following day.
8. Amendment adding definitions of “disruptive group,” “gang,” and “prison gang” filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
9. Amendment adding definition for “Media representative” filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4).
10. Amendment adding definitions for “Disciplinary Free,” “Inmate Match,” and “Special Assignment” and amending Note filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
11. Amendment adding definition for “Case records file” and amendment of Note filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
12. Amendment adding definition for “Detainer” and amendment of Note filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
13. Amendment adding definitions for “Received Date,” “Time Computation,” and “Time Served” filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of “Firm” and “Grievance” filed 12-20-91; operative 12-20-91 (Register 92, No. 4).
15. Amendment adding definition for “Terminal illness” filed 5-20-92; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
16. Editorial correction of printing error restoring inadvertently deleted definitions originally filed 12-20-91 (Register 92, No. 24).
17. Certificate of Compliance as to 12-20-91 order adding definition for “case records file” transmitted to OAL 4-15-92 and filed 5-27-92 (Register 92, No. 24).
18. Certificate of Compliance as to 12-29-91 order adding definitions for “Disciplinary Free,” “Inmate Match,” and “Special Assignment” transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
19. Certificate of Compliance as to 12-19-91 order adding definition of “Detainer” transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
20. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
21. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
22. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
23. Amendment adding definition for “Terminal illness” refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
24. Amendment adding “Cumulative case summary,” “Chronological history,” “Legal status sheet,” “Probation officer's report” and “Criminal identification and investigation report” and amendment of Note filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
25. Change without regulatory effect amending “Immediate Family Members” filed 1-26-93 pursuant to section 100, title 1, California Code of Regulations (Register 93, No. 5).
26. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
27. Amendment adding “Harassment” and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93 or emergency language will be repealed by operation of law on the following day.
28. Amendment filed 9-3-93; operative 9-3-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 36).
29. Amendment of “Good Faith Effort,” “Minority Business Enterprise,” “Responsible Bidder” and “Women Business Enterprise” and Note and new definitions “Disabled Veteran Business Enterprise,” “Goal,” “Minority and/or Women and/or Disabled Veteran Business Enterprise focus paper,” “Minority and/or Women and/or Disabled Veteran Business Enterprise focus paper and trade paper,” “Project,” “Subcontractor,” and “Trade Paper” filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
30. Definitions added for “Chaplain,” “Religious Artifact,” and “Sweat Lodge” and amendment of Note filed 11-1-93; operative 12-13-93 (Register 93, No. 45).
31. Amendment adding “Ex-Offender” filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
32. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).
33. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
34. Amendment of “Inmate”, new definition “Serious injury”, and amendment of Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
35. Amendment of “Institution Head” filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
36. Amendment adding definition of “Certification” filed 11-22-96 as an emergency; operative 11-22-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
37. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
38. Certificate of Compliance as to 11-22-96 order, including amendment of definition of “Certification,” transmitted to OAL 3-20-97 and filed 5-1-97 (Register 97, No. 18).
39. Amendment adding definitions of “Lockdown” and “Restricted or controlled inmate movement” filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
40. Amendment adding definition of “Program failure” filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-98 or emergency language will be repealed by operation of law on the following day.
41. Amendment adding definition of “Vexatious Litigant” and amending Note filed 11-12-97 as an emergency; operative 11-12-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-98 or emergency language will be repealed by operation of law on the following day.
42. Editorial correction of definition of “Vexatious Litigant” and Histories 40 and 41 (Register 98, No. 18).
43. Amendment adding definition of “Vexatious Litigant” and amending Note refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergency language will be repealed by operation of law on the following day.
44. Certificate of Compliance as to 10-16-97 order, including removal of definition of “Program failure” to section 3062(n), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
45. Certificate of Compliance as to 4-29-98 order, including further amendment of definition of “Vexatious Litigant” and Note, transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98, No. 30).
46. Amendment adding new definitions of “Controlled Medication,” “Controlled Substance,” “Distribution” and “Laboratory” and amendment of Note filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
47. Amendment filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
48. Amendment adding new definitions of ``Controlled Medication,” ``Controlled Substance,” ``Distribution” and ``Laboratory” and amendment of Note refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
49. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
50. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
51. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be repealed by operation of law on the following day.
52. Amendment of definition of ``Chronological History” filed 8-28-2000; operative 9-27-2000 (Register 2000, No. 35).
53. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000; disapproval and order of repeal and deletion reinstating section as it existed prior to emergency amendment by operation of Government Code 11346.1(f) filed 10-18-2000 (Register 2000, No. 42).
54. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code section 5058(e); operative 10-19-2000 (Register 2000, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
55. Amendment adding definition of ``General Chrono” filed 11-16-2000; operative 12-16-2000 (Register 2000, No. 46).
56. Certificate of Compliance as to 10-19-2000 order, including further amendment of definitions of ``Execution Type Murder,” ``High Notoriety” and ``Public Interest Case,” transmitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
57. Amendment of definitions of “Firm” and “Small Business Firm” and amendment of Note filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
58. Amendment adding definition of ``Street gang” and amendment of Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
59. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
60. Amendment adding definitions of “Program failure” and “Significant work related disciplinary history” filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
61. Amendment adding definitions of “Program failure” and “Significant work related disciplinary history” refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
62. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
63. New definition of “Religious Review Committee (RRC)” filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
64. Amendment of definition of “Program failure” filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
65. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
66. Change without regulatory effect amending division heading and chapter heading filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
67. New definitions of “Indecent Exposure” and “Sexual Disorderly Conduct” and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
68. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
69. New definitions of “Non-serious offender” and “Non-violent offender” filed 10-1-2007 as an emergency; operative 10-1-2007 (Register 2007, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-10-2008 or emergency language will be repealed by operation of law on the following day.
70. Amendment of definition of “Immediate Family Members” and amendment of Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
71. New definitions of “Non-serious offender” and “Non-violent offender” refiled 2-25-2008 as an emergency; operative 2-25-2008 (Register 2008, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-26-2008 or emergency language will be repealed by operation of law on the following day.
72. Reinstatement of section as it existed prior to 10-1-2007 emergency amendment by operation of Government Code section 11346.1(f) (Register 2008, No. 22).
73. New definitions of “Behavior Management Unit” and “Disruptive Behavior” filed 7-8-2008 as an emergency; operative 7-8-2008 (Register 2008, No. 28). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 12-15-2008 or emergency language will be repealed by operation of law on the following day.
74. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
75. Repealer of definition of “Media representative” filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
76. New definition of “California Out-of-State Correctional Facility” and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
77. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
78. New definitions of “Behavior Management Unit” and “Disruptive Behavior” refiled 12-15-2008 as an emergency; operative 12-15-2008 (Register 2008, No. 51). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 3-16-2009 or emergency language will be repealed by operation of law on the following day.
79. New definitions of “Senate Bill (SB) 618 Participant” and “Senate Bill (SB) 618 Program” and amendment of Note filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
80. Certificate of Compliance as to 12-15-2008 order transmitted to OAL 2-23-2009 and filed 4-2-2009 (Register 2009, No. 14).
81. Certificate of Compliance as to 10-30-2008 order transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
82. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
83. New definition of “Sexual Activity” filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
84. New definition of “Transitional Housing Unit” filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
85. New definition of “Non-Revocable Parole,” amendment of definition of “Parolee” and amendment of Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
86. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
87. New definitions of “Administrative Officer of the Day,” “Facility,” “Great Bodily Harm” and “Institution” and amendment of definition of “Serious Bodily Injury” and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
88. Repealer of definition of “Appeal Form” filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
89. New definition of “Medical Parolee” and amendment of Note filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
90. Repealer and new definition of “Lockdown” and new definition of “Modified Program” filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
91. New definitions of “Released on Parole,” “Residential Facility,” “Single Family Dwelling” and “Transient Sex Offender” and amendment of Note filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
92. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
93. Change without regulatory effect amending definition of “Modified Program” filed 8-3-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 31).
94. New definitions of “Alternative Custody Program” and “Alternative Custody Program Participant” and amendment of definitions of “Case Conference Review” and “Face-to-Face Contact” and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
95. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
96. Reinstatement of section as it existed prior to 6-15-2011 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 48).
97. New definitions of “Released on Parole,” “Residential Facility,” “Single Family Dwelling” and “Transient Sex Offender” and amendment of Note refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
98. Amendment of definition of “Dangerous Contraband,” new definition of “Possession” and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
99. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
100. New definitions of “Alternative Custody Program” and “Alternative Custody Program Participant” and amendment of definitions of “Case Conference Review” and “Face-to-Face Contact” and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
101. Certificate of Compliance as to 12-1-2011 order transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
102. New definitions of “Automated Needs Assessment Tool” and “Crimogenic Need” and amendment of Note filed 5-10-2012 as an emergency; operative 5-10-2012 (Register 2012, No. 19). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-17-2012 or emergency language will be repealed by operation of law on the following day.
103. Certificate of Compliance as to 12-9-2011 order, including further amendment of definition of “Possession,” transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
104. New definition of “Postrelease Community Supervision” filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
105. Repealer of definitions of “Designated Level II Housing,” “Execution Type Murder,” “High Notoriety,” “Management Concern,” “Multiple Murders” and “Unusual Violence,” amendment of definitions of “Force,” “Life Prisoner” and “Public Interest Case” and new definitions of “Non-secure Facility” and “Security Concern” filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
106. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
107. New definitions of “Alternative Custody Program (ACP)” and “Alternative Custody Program Participant,” amendment changing definition of “Case Conference” to \\Case Conference Review” (with further revisions), amendment of definition of “Face-to-Face Contact” and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2013 or emergency language will be repealed by operation of law on the following day.
108. New definitions of “Automated Needs Assessment Tool” and “Crimogenic Need” and amendment of Note refiled 10-17-2012 as an emergency; operative 10-17-2012 (Register 2012, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-15-2013 or emergency language will be repealed by operation of law on the following day.
109. Editorial correction of History 108 providing corrected Certificate of Compliance date (Register 2012, No. 44).
110. Certificate of Compliance as to 6-26-2012 order referenced in History 104 transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
111. Editorial correction of History 110 (Register 2013, No. 3).
112. Certificate of Compliance as to 6-26-2012 order referenced in History 105 transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3000.5. Rules of Construction.
Note • History
The following rules of construction apply to these regulations, except where otherwise noted:
(a) The enumeration of some criteria for the making of discretionary decisions does not prohibit the application of other criteria reasonably related to the decision being made.
(b) The order in which criteria are listed does not indicate their relative weight or importance.
(c) “Shall” is mandatory, “should” is advisory, and “may” is permissive.
(d) The past, present, or future tense includes the others.
(e) The masculine gender includes the feminine gender; the singular includes the plural.
(f) The time limits specified in these regulations do not create a right to have the specified action taken within the time limits. The time limits are directory, and the failure to meet them does not preclude taking the specified action beyond the time limits.
NOTE
Authority cited: Section 5058, Penal Code; and Stats. 1992, chapter 695, section 45. Reference: Sections 3000 and 5054, Penal Code.
HISTORY
1. New section filed 9-3-93; operative 9-3-93 pursuant to Government Code section 11346.2(d) (Register 93, No. 36).
§3001. Subject to Regulations.
Note • History
Regardless of commitment circumstances, every person confined or residing in facilities of the department is subject to the rules and regulations of the Secretary, and to the procedures established by the warden, superintendent, or regional parole administrator responsible for the operation of that facility. Persons on parole or civil addict outpatient status are subject to such Secretary's rules, regulations and parole region procedures as may be applicable to such persons.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3001.5. Assignment to Caseworker.
Note • History
Upon reception at a facility, each inmate shall be assigned a caseworker.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY
1. New section filed 10-15-92; operative 11-16-92 (Register 92, No. 42).
§3002. Notice of Program, Behavioral, and Participation Expectations.
Note • History
(a) Within 14 days of reception by the Department of Corrections or upon return to confinement in a departmental institution or facility, every inmate or parolee shall be issued a copy of the Rules and Regulations of the Director of Corrections and copies of all rule changes that have occurred since the last complete reprinting and reissue of the rules and regulations. Each inmate and parolee shall sign a receipt for the rules. The receipt shall be filed as a permanent record in the inmate's central file. In addition:
(1) Spanish language copies of the rules and regulations of the director shall be maintained at each reception center, institution and facility where inmates are confined. Notice shall be given in Spanish that a Spanish version of the rules is available for inspection. These rules shall be made available for review by Spanish speaking inmates who cannot read English.
(2) Within 14 days of transfer to another departmental institution or facility, the new arrival shall be given a written summary of local procedures governing the conduct and activities of inmates confined at that location and a summary of the range of work and training programs offered by and available at that institution or facility. The summary or summaries shall also include: procedures governing mail and visiting, the inmate's right to appeal and appeal procedures, the facility's basic daily schedule, and where and how additional procedural information of interest may be obtained. New arrivals shall also be given verbal staff instructions regarding the procedures.
Staff instructions shall also be given to newly received inmates regarding the possibility of receiving a one-third reduction of their sentence or minimum eligible parole date for refraining from acts or activities of misbehavior and by participating in assigned work and program activities.
(b) During regularly scheduled institution and reception center inmate orientation sessions each inmate or parolee shall be advised of the following:
(1) The ability to earn credits by participating in assigned work and program activities; and,
(2) The availability of work and program activities; and,
(3) The possible loss of credits resulting from acts or activities of misbehavior; and,
(4) The availability of and procedures for access to health care including daily sick call procedures.
(5) Reception centers shall incorporate the inmate's acknowledgement of the receipt of the summary of reception center work and program activities in the same form used as a receipt for issue of the rules and regulations to the inmate.
(6) When inmates are placed in specialized housing with specialized or limited program options and opportunities to participate, the initial classification committee shall explain the options and opportunities available to the inmate within that specialized unit. A copy of the committee's chrono reflecting the discussion shall be given to the inmate and a copy placed in the inmate's central file.
(7) The facility location where Board of Prison Terms' Rules may be reviewed by the inmate.
(8) Available institution social services.
(c) The issuance of rules and regulations and program information, summaries, and the inmate's receipt for same is required in order to comply with Sections 2080 and 2930 of the Penal Code. An inmate's refusal to sign a receipt for the issue of rules and regulations, work and program summaries, or work and program agreements or understandings, shall be noted by staff, and the receipt shall be filed in the inmate's central file. Refusal or failure to acknowledge the receipt of information shall not relieve the inmate from any responsibility to behave and participate as expected nor from the consequence for misbehavior or refusal or failure to participate.
(d) Each institution and reception center shall provide a means of advising inmates who cannot read English of the expectations contained in this section. The provisions shall include communication of the expectations to those inmates who also have impaired hearing.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2080, 2930, 2931 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 19).
4. Amendment of subsections (a), (b) and new subsection (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing errors in subsections (a)(1) and (b)(3) (Register 92, No. 5).
6. New subsections (b)(7)-(8) filed 10-15-92; operative 11-16-92 (Register 92, No. 42).
§3003. Threats Against Public Officials.
Note • History
Any inmate away from a secure perimeter facility or parolee who makes a written or verbal threat against the life of any official specified in Penal Code section 76 with the intent and apparent ability to carry out the threat shall immediately be placed in custody at a jail or secure perimeter facility pending disposition of the charges.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 76, 3056, 5054 and 6253, Penal Code.
HISTORY
1. New section filed 10-18-93; operative 11-17-93 (Register 93, No. 43). For prior history, see Register 89, No. 41.
§3004. Rights and Respect of Others.
Note • History
(a) Inmates and parolees have the right to be treated respectfully, impartially, and fairly by all employees. Inmates and parolees have the responsibility to treat others in the same manner. Employees and inmates may use first names in conversation with each other when it is mutually acceptable to both parties.
(b) Inmates, parolees and employees will not openly display disrespect or contempt for others in any manner intended to or reasonably likely to disrupt orderly operations within the institutions or to incite or provoke violence.
(c) Inmates, parolees and employees will not subject other persons to any form of discrimination because of race, religion, nationality, sex, political belief, age, or physical or mental handicap.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of subsection (a) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. New subsection (c) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
Note • History
(a) Inmates and parolees shall obey all laws, regulations, and local procedures, and refrain from behavior which might lead to violence or disorder, or otherwise endangers facility, outside community or another person.
(b) Obeying Orders. Inmates and parolees must promptly and courteously obey written and verbal orders and instructions from department staff, and from employees of other agencies with authorized responsibility for the custody and supervision of inmates and parolees.
(c) Refusing to Accept Assigned Housing. Inmates shall not refuse to accept a housing assignment such as but not limited to, an integrated housing assignment or a double cell assignment, when case factors do not preclude such.
(d) Force or Violence.
(1) Inmates shall not willfully commit or assist another person in the commission of an assault or battery to any person or persons, nor attempt or threaten the use of force or violence upon another person.
(2) Inmates shall not, with the intent to cause a riot, willfully engage in conduct that urges a riot, or urges others to commit acts of force or violence at a time and place under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property.
(3) Inmates shall not participate in a riot, rout, or unlawful assembly.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 242, 295-300.3, 404-409, 2931 and 5054, Penal Code.
HISTORY
1. Repealer and new section (b) filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. New subsection (c) filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment of subsection (c) filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
4. Amendment of subsection (c) filed 9-29-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 40).
5. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
6. Change without regulatory effect amending subsection (a) filed 6-5-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 31).
7. Amendment of subsection (c) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
8. Amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
10. Amendment of subsection (c) and amendment of Note filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (c) and amendment of Note refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
13. New subsection (c) and subsection relettering filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
14. Amendment of subsection (d), new subsections (d)(1)-(3) and amendment of Note filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
Note • History
Inmates may possess only the personal property, materials, supplies, items, commodities and substances, up to the maximum amount, received or obtained from authorized sources, as permitted in these regulations. Possession of contraband as defined in section 3000 may result in disciplinary action and confiscation of the contraband.
(a) Dangerous Property. Inmates may not possess or have under their control or constructive possession any weapons, explosives, explosive making material, poisons or any distructive devices, nor shall they possess or assist in circulating any writing or voice recording which describes the making of any weapons, explosives, poisons, destructive devices, or cellular telephones or wireless communication devices or any component thereof including, but not limited to, a subscriber identity module (SIM card) or memory storage devices and cellular phone chargers.
(b) Money. Inmates may not possess money. If an inmate finds money and voluntarily surrenders it, and the rightful owner does not claim it within 30 days, it will be credited to the inmate's trust account.
(c) Except as authorized by the institution head, inmates shall not possess or have under their control any matter which contains or concerns any of the following:
(1) Any matter of a character tending to incite murder; arson; riot; or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.
(2) Blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Plans to escape or assist in an escape.
(5) Plans to disrupt the order, or breach the security, of any facility.
(6) Plans for activities which violate the law, these regulations, or local procedures.
(7) Coded messages.
(8) A description of the making of any weapon, explosive, poison or destructive device.
(9) Illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.
(10) Diskettes.
(11) Catalogs, advertisements, brochures, and material whose primary purpose is to sell a product(s) or service(s) and when taken as a whole, lacks serious literary, artistic, political, educational, or scientific value.
(12) Maps depicting any area within a ten mile radius of a facility.
(13) Gambling or a lottery.
(14) Markings on the envelope which are obscene in nature as described in subsection (15) below.
(15) Obscene material and mail containing information concerning where, how, or from whom obscene material may be obtained.
(A) Obscene material means material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest; and is material which taken as a whole, depicts or describes sexual conduct; and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(B) When it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it appeals to deviant sexual groups.
(C) Material subject to the tests in paragraphs (A) or (B) includes, but is not limited to material that:
(1) Depicts, displays, or describes penetration of the vagina or anus, or contact between the mouth and the genitals.
(2) Depicts, displays, or describes bestiality, sadomasochism, or an excretory function including urination, defecation, or semen.
(3) Portrays the nudity of a minor, or person who appears to be under 18 years old.
(4) Portrays conduct which appears to be non-consensual behavior.
(5) Portrays conduct which is or appears to be forceful, threatening, or violent.
(6) Portrays conduct where one of the participants is a minor, or appears to be under 18 years old.
(16) Material that is reasonably deemed to be a threat to legitimate penalogical interests.
(17) Sexually explicit images that depict frontal nudity in the form of personal photographs, drawings, magazines, or other pictorial format.
(A) Sexually explicit material shall be defined as material that shows the frontal nudity of either gender, including the exposed female breast(s) and/or the genitalia of either gender.
(B) The following sexually explicit material shall be allowed:
1. Departmentally purchased or acquired educational, medical/scientific, or artistic materials, such as books or guides purchased by the department for inclusion in institution libraries and/or educational areas; or
2. Educational, medical/scientific, or artistic materials, including, but not limited to, anatomy medical reference books, general practitioner reference books and/or guides, National Geographic, or artistic reference material depicting historical, modern, and/or post modern era art, purchased or possessed by inmates and approved by the institution head or their designee on a case-by-case basis.
(18) Any tobacco product, or tobacco cessation product, that contains nicotine.
(d) Anything in the possession of an inmate which is not contraband but will, if retained in possession of the inmate, present a serious threat to facility security or the safety of inmates and staff, shall be controlled by staff to the degree necessary to eliminate the threat.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601, 2772, 2790, 4574, 4576, 5030.1, 5054 and 5057, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
2. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
3. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
4. New subsection (c) and subsection relettering, renumbering and amendment of former subsections 3136 (a)-(h) to subsections 3006(c)(1)-(8), new subsections 3006(c)(9)-(15), and amendment of newly designated subsection (d) and Note 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.
5. New subsection (c) and subsection relettering, renumbering and amendment of former subsections 3136(a)-(h) to subsections 3006(c)(1)-(8), new subsections 3006(c)(9)-(15), and amendment of newly designated subsection (d) and Note refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-20-95 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95, No. 52).
7. Amendment of section and Note filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-25-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-27-95 order including amendment of subsections (c), (c)(3), and (c)(9), new subsection (c)(10) and subsection renumbering, amendment of newly designated subsections (c)(11), (c)(14) and (c)(15), new subsections (c)(15)(A)-(c)(15)(C), amendment of newly designated subsections (c)(15)(C)(1) and subsection renumbering, amendment of subsection (d) and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
9. New subsections (c)(17)-(c)(17)(B)2. filed 9-30-2002 as an emergency pursuant to Penal Code section 5058.3; operative 9-30-2002 (Register 2002, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-10-2003 pursuant to Penal Code section 5058.3 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 9-30-2002 order transmitted to OAL 2-3-2003 and filed 3-18-2003 (Register 2003, No. 12).
11. Amendment of first paragraph filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
13. New subsection (c)(18) and amendment of Note filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
15. New subsection (c)(19) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
16. Amendment of subsection (a), repealer of subsection (c)(19) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
Inmates may not participate in illegal sexual acts. Inmates are specifically excluded in laws which remove legal restraints from acts between consenting adults. Inmates must avoid deliberately placing themselves in situations and behaving in a manner which is designed to encourage illegal sexual acts.
Comment: Former DR-1105, sexual behavior.
Note • History
Inmates shall not openly or publicly display photographs, pictures, drawings, or other pictorial representations of persons engaged in sexual acts, actual or simulated, masturbation, excretory functions or lewd exhibitions of the genitals which are obscene as defined in Section 311 of the Penal Code.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
2. Certificate of Compliance as to 12-27-95 order including amendment of section and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
3. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
History
Inmates shall not participate in any form of gambling or bookmaking. Comment: Former DR-1107, gambling and bookmaking.
HISTORY
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
History
Inmates may not ask for or accept any gift of money, property, material or substance from institution visitors, employees or other persons, and may not give any person a gift or promise of one, except as provided for by law, approved institution procedures, or as specifically authorized by the warden or superintendent. Institution procedures established under this section should be directed toward control of property, safety of persons and institution security.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
Note • History
Inmates shall not intentionally destroy, damage, or deface, state property or another person's property. To do so shall be cause for disciplinary action and the inmate may be charged for the cost of repair or replacement, including materials. Intentional destruction of property may result in a credit loss as specified in Section 3323(c)(3), 3323(d)(6), or 3323(g)(1) of these regulations. Intentional damage to property valued at four hundred dollars or more may result in criminal prosecution and an additional term of imprisonment in addition to any credit loss resulting from the disciplinary action. Intentional damage to property valued at less than four hundred dollars may result in a misdemeanor conviction in addition to any credit loss resulting from the disciplinary action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 594(a), 2932, 4600 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 12-1-78 as an emergency; designated effective 1-1-79 (Register 78, No. 48).
3. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
5. OAL Notice of Erroneous Filing filed 7-29-85; purported Order of Repeal of Section 3011(a) filed in error on 6-3-85 is null and void and text of subsection (a) as filed with Secretary of State on 12-1-78 remains in effect uninterrupted (Register 85, No. 31).
6. Amendment filed 12-16-88; operative 1-15-89 (Register 88, No. 53).
7. Change without regulatory effect amending section filed 11-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 47).
8. Amendment of section and Note filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
9. Amendment of section and Note filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
History
Inmates shall not obtain anything by theft, fraud or dishonesty.
Comment: Former DR-1110, stealing and dealing.
HISTORY
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
History
Inmates shall not attempt to gain special consideration or favor from other inmates, employees, institution visitors or any other person by the use of bribery, threat or other unlawful means.
Comment: Former DR-1111, improper influence.
HISTORY
1. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
History
Inmates must respond promptly to notices given in writing, announced over the public address system, or by any other authorized means.
Comment: Former DR-1113, answering calls and passes.
HISTORY
1. Repealer of Section 3014 and renumbering of Section 3015 to Section 3014 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40). For former section 3014, see Register 77, No. 9.
§3015. Unauthorized Areas and Facility Boundaries.
Note • History
(a) Every area of a facility which is out of bounds to inmates or which is only out of bounds at specified times shall be clearly designated. Inmates shall not enter such areas unless specifically authorized to do so by staff.
(b) Inmates assigned to a work detail or project off their facility's property shall not go beyond the geographical limits established by their staff escort.
(c) Except as provided in sections 3080 through 3083, Title 15, California Code of Regulations, inmates shall not travel past the boundaries of a facility unless escorted by authorized staff. Inmates shall not be escorted from a facility except in an emergency or when authorized for the purpose of a work or project assignment, transfer to another facility, or temporary community leave or removal.
(d) Inmates shall not escape, attempt to escape or conspire with others to escape from the custody of the department. Inmates shall not solicit or coerce others to aid or assist in an escape.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering of Section 3016 to Section 3015 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment of section heading and newly designated subsection (a), new subsection (b), renumbering and amendment of former section 3444 to new subsection (c), and new Note filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
3. New subsection (d) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3016. Controlled Substances, Drug Paraphernalia, and Distribution.
Note • History
(a) Inmates shall not inhale, ingest, inject, or otherwise introduce into their body; use, possess, manufacture, or have under their control any controlled substance, medication, or alcohol, except as specifically authorized by the institution's/facility's health care staff.
(b) Inmates shall not possess, exchange, manufacture, or have under their control any paraphernalia as defined by Health and Safety Code section 11014.5, or device related to the use, injection, or manufacture of any controlled substance, except as specifically authorized by the institution's/facility's health care staff.
(c) Inmates shall not distribute, as defined in section 3000, any controlled substance.
(d) Inmates shall not possess medication in quantities exceeding the dosage specifically authorized by the institution's/facility's health care staff, nor may an inmate possess medication prescribed to another inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 4573, 4573.6 and 5054, Penal Code; and Sections 11014.5, 11350-11383, Health and Safety Code.
HISTORY
1. Renumbering of Section 3017 to Section 3016 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
3. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
6. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-21-96 order including amendment of section heading and section transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
8. Amendment of section heading, section and Note filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
9. Amendment of section heading, section and Note refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
11. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3017. Responsibility for Counts.
History
Inmates must be present at designated times and places for counts, and must present themselves for count in the manner set forth in institution procedures.
Comment: Former DR-1116, responsibility for count.
HISTORY
1. Renumbering of Section 3018 to Section 3017 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
History
Inmates may not use institution telephones or public coin operated telephones located on institution property except as specifically authorized and as described in section 3282. An inmate must identify himself or herself as an inmate when answering or making an interinstitution telephone call.
Comment: Former DR-1117, use of telephones.
HISTORY
1. Renumbering of Section 3019 to Section 3018 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
Note • History
Inmates must carry on their person any identification card issued for identification purposes, in accordance with institution procedures. Inmates must not mutilate or destroy such cards nor possess the card of another inmate. An inmate must surrender his or her identification card or cards at the request of any employee. Unless a card is being officially recalled, the card(s) will be promptly returned to the inmate when staff's use of the card has been accomplished. An inmate may be charged for replacement of a deliberately mutilated, lost or destroyed card in accordance with section 3011. An inmate may also be charged for replacement of a card if a physical change in the inmate's appearance is a matter of his or her own choice and the change occurs within six months of the issue of a new or replacement card. An inmate will not be charged for replacement of a card because of a physical change in the inmate's appearance over which the inmate has no control.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Renumbering of Section 3020 to Section 3019 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment of section and new Note filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).
§3020. Inmate Activity Groups.
Note • History
(a) Inmates may not establish or participate in the establishment or activities of any inmate club, inmate activity group, or any association or organization of inmates within the institution except as specifically approved by the warden or superintendent, as provided in Sections 3233-3235.
(b) Inmate participation in an approved activity group will not be cause to deny or restrict regular correspondence and visitation rights with persons who are approved to attend and participate in such inside inmate group activities.
Comment: Former DR-1119, unauthorized organizations.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and 5054, Penal Code.
HISTORY
1. Amendment of subsection (a) filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Renumbering of Section 3021 to Section 3020 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment of subsection (a) filed 2-22-79; effective thirtieth day thereafter (Register 79, No. 8).
4. Amendment of subsection (b) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
§3021. Falsification of Records or Documents.
Note • History
Inmates and parolees must not intentionally enter or introduce false information into or upon any record or document maintained by the Department of Corrections. Inmates and parolees must not destroy, delete, remove or otherwise intentionally cause any record or document maintained by the Department of Corrections to be a false or incomplete record or document by reason of such action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Renumbering of Section 3022 to Section 3021 filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
Note • History
No inmate or group of inmates will be given or be permitted to assume control over other inmates. This does not preclude the use of inmates as aides or lead persons on work and training assignments when the activity is directed and supervised by responsible employees.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
Note • History
(a) Inmates and parolees shall not knowingly promote, further or assist any gang as defined in section 3000.
(b) Gangs, as defined in section 3000, present a serious threat to the safety and security of California prisons.
(c) For the purpose of specific gang participant identification, the department categorizes gangs into prison gangs and disruptive groups as defined in section 3000.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 186.22 and 5054, Penal Code.
HISTORY
1. New section filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. New subsection (b) and subsection relettering filed 1-21-99 as an emergency; operative 1-21-99 (Register 99, No. 4). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-30-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-21-99 order transmitted to OAL 6-30-99 and filed 8-12-99 (Register 99, No. 33).
§3024. Business Dealings by Inmates.
Note • History
(a) Inmates shall not engage actively in a business or profession except as authorized by the institution head or as provided in Section 3104. For the purpose of this section, a business is defined as any revenue generating or profit making activity. An inmate who is engaged in a business or profession prior to commitment to the department shall assign authority for the operation of such business or profession to a person in the community.
(b) Inmate mail may be rejected by an institution head or designee for reasons which include, but are not limited to, the mail relates to the direction of an inmate's business or profession. This does not, however, prohibit mail necessary to enable an inmate to protect property and funds that were legitimately the inmate's at the time of commitment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; Turner v. Safley 482 US 78 (1987).
HISTORY
1. New section 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.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 30).
3. New section filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-25-95 order including amendment of section transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
Article 1.5. DNA and Forensic Identification
§3025. Department of Justice DNA and Forensic Identification Database and Data Bank Program.
Note • History
(a) All inmates and parolees, including juveniles, committed to the custody of the department after having been convicted of, found guilty of, having pled guilty or no contest to, or having been found not guilty by reason of insanity for, any offense listed in Penal Code (PC) section 296(a), or whose records indicate a prior conviction for such an offense, shall provide all of the following required specimens, to be forwarded to the Department of Justice (DOJ) as soon as administratively practicable:
(1) Buccal Swab Samples.
(2) Right Thumbprint Impressions.
(3) Full Right and Left Palm Print Impressions.
(4) Writer's Palm Print Impression.
(5) Any Blood Specimens or other Biological Samples required.
(b) The listed specimens shall be provided under the following circumstances, unless the inmate's central file or other records indicate that all required specimens have already been obtained:
(1) Whether or not the offense predated the enactment of the DNA and Forensic Identification Database and Data Bank Act of 1998, or any amendments to it; including the DNA, Fingerprint, Unresolved Crime and Innocence Protection Act.
(2) Whether or not the court advised the convicted person of this requirement;
(3) If the inmate or parolee was convicted of a state or federal offense in another state which would constitute an offense as listed in PC section 296(a);
(4) If notification is received from the DOJ that an inmate's or parolee's specimens already taken for any purpose are not usable for any reason.
(c) DOJ DNA laboratory may obtain blood specimens from qualifying persons as defined in PC section 296(a) when it is determined that such specimens are necessary in a particular case or would aid the DOJ in obtaining an accurate forensic DNA profile for identification purposes. Cases requiring blood specimens include, but are not limited to, buccal swab samples that cannot be properly identified or analyzed by DOJ, or if the inmate refuses to submit to DNA buccal swab collection, and/or print impressions.
(d) Newly committed inmates and persons returned to custody based upon a violation of parole, furlough or any other type of release, who meet the criteria established in PC section 296(a), shall, provide the required specimens, samples and print impressions during the reception center process or reasonably promptly after their transfer to an institution/facility.
(e) Parolees identified as meeting the criteria established in PC section 269(a) for present and past qualifying offenses, shall provide the required specimens, samples and print impressions within five days of notification by the court, or by parole unit staff at a collection location designated in accordance with PC section 296.1(a)(3)(B).
(f) Only medical staff trained and certified to do so shall draw blood for collection of specimens; in accordance with standard medical practices. The specimens, samples, and print impressions collected pursuant to Penal Code, Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections 295 et seq.), shall be forwarded promptly to the DOJ. The collection kit, including all blood specimen vials, buccal swab collectors, mailing tubes, labels and instructions for the collection shall be provided by the DOJ. A right thumbprint, a full palm print impression of each hand, and the writers palm print impression shall be taken on forms prescribed by the DOJ. The palm print forms shall be forwarded to and maintained by the Bureau of Criminal Identification and Information of the DOJ. If a blood specimen is necessary pursuant to subsection (c), right thumbprints shall be taken at the time of the collection of samples and specimens, and shall be placed on the samples and specimen containers and forms as directed by DOJ. The samples, specimens and forms shall be forwarded to and maintained by the DNA Laboratory of the DOJ.
(g) Only trained, designated medical, custody, parole staff and/or local law enforcement shall handle forms or specimens after their collection.
(h) If a person has been convicted of a state or federal offense which would constitute an offense as listed in PC section 296(a) and is transferred or paroled from another state into California, an agreement to provide these specimens shall be made a condition of acceptance for supervision in this state.
(i) Any inmate or parolee who refuses to provide any or all of the following; blood specimens, buccal swab samples, or thumb or palm print impressions as required by Penal Code, Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections 295 et seq.), after he or she has received written notice that he or she is required to provide specimens, samples, and print impressions is guilty of a misdemeanor. An inmate who refuses shall also be subject to progressive discipline pursuant to California Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5 (section 3310 et seq.).
(j) The use of reasonable force, as defined in section 3268(a)(1), shall not be authorized without the prior written authorization at the level of Facility/Correctional Captain or higher, or the administrative officer on duty. The authorization shall include information that reflects the fact that the offender was asked to provide the requisite specimen, sample, or impressions as required by law, and that he or she refused to do so.
(k) The use of reasonable force, as defined in section 3268(a)(1), shall be preceded by efforts to secure voluntary compliance.
(l) If the use of reasonable force to obtain DNA includes a cell extraction, the extraction shall be videotaped. The videotaping shall depict all correctional personnel directly involved and the advisement to the inmate that the requisite specimen, sample or impressions is required. All incidents that required the use of reasonable force to obtain DNA samples shall be tracked and maintained by the institutional DNA coordinator and forwarded to the Assistant Secretary, Office of Correctional Safety.
(m) Any person described in section 3025(a), pursuant to PC section 298.2, who engages or attempts to engage in any of the following acts is guilty of a felony:
(1) Knowingly aids in the wrongful collection of a required specimen, sample, or print impression, with the intent to deceive as to the origin of a DNA profile.
(2) Knowingly tampers with any specimen, sample, print impressions, or the collection container, with the intent to deceive as to the identification of the person.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 295-300.3 and 5054, Penal Code.
HISTORY
1. New article 1.5 (section 3025) and section filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
3. Amendment filed 10-4-2002 as an emergency pursuant to a certificate of operational necessity under Penal Code section 5058.3; operative 10-4-2002 (Register 2002, No. 40). Pursuant to Penal Code section 5058.3, this filing is deemed an emergency and a Certificate of Compliance must be transmitted to OAL by 3-13-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-4-2002 order, including further amendment of subsections (e) and (i), transmitted to OAL 3-12-2003 and filed 4-8-2003 (Register 2003, No. 15).
5. Amendment filed 8-23-2005; operative 8-23-2005. Submitted to OAL for printing only pursuant to Penal Code section 295(h)(2) (Register 2005, No. 34).
6. Amendment of subsection (l) filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
Article 2. State-Issued Inmate Clothing and Linen
§3030. Issuance and Possession of State Clothing and Linen.
Note • History
(a) Each inmate shall be provided state clothing and linen pursuant to this section. Each item issued shall remain state property for which the inmate shall be accountable. State items shall be recalled and exchanged as directed by the institution head.
(b) Inmates shall possess only those items of state clothing and linen issued to them. Below are the standard inmate issues:
(1) Each inmate shall be issued:
(A) Work shoes, one pair.
(B) Sheets, two.
(C) Pillow case, one.
(D) Towels, two.
(E) Blankets, two.
(F) The distinctive, protective and/or extra clothing required by the climate and/or the inmate's job assignment.
(2) In addition to the items in (1) above, each male inmate shall be issued:
(A) Jeans, blue denim, three pair.
(B) Shirts, blue chambray, three.
(C) Undershirts, white, four.
(D) Socks, six pair.
(E) Undershorts, white, four pair.
(F) Jacket, blue denim, one.
(G) Belt, web, one.
(3) In addition to the items in (1) above, each female inmate shall be issued:
(A) Blouses/T-shirts, three.
(B) Slacks, three pair.
(C) Bras, three each six months.
(D) Dress, muumuu, robe or duster; one.
(E) Coat, one.
(F) Panties, five pair each six months.
(G) Nightgown, one.
(H) Socks, six pair.
(I) Pregnant inmates shall be issued one additional, larger pair of shoes.
(c) Inmates shall possess only those items of personal clothing specifically authorized by the institution head and acquired pursuant to these regulations.
(d) During interdepartmental transportation, male inmates shall wear a red, one-piece outer garment and female inmates shall wear an orange, two-piece outer garment; and all shall wear state-issued shoes, socks, and underclothes; and may possess one handkerchief.
(e) Inmates transported for appearance in court shall wear clean state-issued clothing, unless otherwise ordered by the court.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY
1. Amendment of article heading, section heading, and newly designated subsection (a), renumbering and amendment of former subsection 3032(a) to 3030(b), renumbering and amendment of former subsection 3032(b) to 3030(c), and new subsections (d) and (e) and Note filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
2. Amendment of subsections (b)(3)(C)-(D) and new subsection (b)(3)(I) filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
§3031. Neatness and Laundry Exchange.
Note • History
Inmates shall be appropriately clothed at all times consistent with the specific unit, work or program activities and as directed by staff. Inmate clothing shall be worn in the manner in which it was manufactured to be worn.
(b) Each inmate shall maintain issued clothing and linen as neat and clean as conditions permit. Weekly laundry exchange shall be provided on a one-for-one basis limited as follows;
(1) Shirts or blouses, two.
(2) Jeans or slacks, two pair.
(3) Undershirts, three.
(4) Undershorts, or panties, three pair.
(5) Sheets, two.
(6) Pillow case, one.
(7) Socks, three pair.
(8) Towels, two.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading, section and new Note filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
§3032. Alteration of Clothing.
Note • History
(a) Inmates shall not alter or dispose of damaged or worn out personal or state-issued clothing or linen in any manner without specific authority to do so. If the regular issue of clothing or linen does not meet an inmate's special physical/health needs, the chief medical officer may authorize a special issue to that inmate based upon a medical necessity as defined in section 3350(b)(1). Upon staff verification, a state-issued item which is lost or damaged through no fault of the inmate shall be replaced without charge to the inmate.
(b) An inmate shall not alter personally owned clothing in any manner that would change its characteristics or style from that originally approved by the institution head.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former subsection 3032(a) to 3030(b), and former 3032(b) to 3030(c), and renumbering and amendment of former section 3033 to 3032 filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
2. Amendment of subsection (a) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of subsection (a) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of subsection (a) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3033. Alteration. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Editorial correction of printing error (Register 92, No. 5).
2. Renumbering of former section 3033 to 3032 filed 7-9-92; operative 8-10-92 (Register 92, No. 28).
Article 3. Work and Education
Note • History
(a) Every able-bodied person committed to the custody of the Secretary of the Department of Corrections and Rehabilitation is obligated to work as assigned by department staff and by personnel of other agencies to whom the inmate's custody and supervision may be delegated. Assignment may be up to a full day of work, education, or other programs, or to a combination of work and education or other programs.
(b) Inmates assigned to a physical fitness program as part of a work incentive program shall be held to the same obligations/participation requirements governing other vocational, educational, or work assignments.
(c) Except as provided in section 3040(e), a classification committee shall assign each inmate to an appropriate work, education, vocation, therapeutic or other institution program, taking into account the:
(1) Inmate's expressed desires and needs.
(2) Inmate's eligibility for and availability of the desired work or program activity.
(3) Institution's security and operational needs.
(4) Safekeeping of the inmate.
(5) Safety of persons and the general public.
(d) Despite an inmate's assignment to a program mutually agreed upon in a classification committee hearing, or pending such a hearing, or pending assignment to a designated program, or during any period when the designated program is temporarily suspended, or in the absence of the inmate's agreement to participate in any programs, any able-bodied inmate may be assigned to perform any work deemed necessary to maintain and operate the institution and its services in a clean, safe and efficient manner. Operational needs may always override a program assignment.
(e) Inmates assigned to clerical duties and office work positions, requiring an extensive amount of staff/inmate interaction, such as clerks and teachers' aides, shall be rotated at regular intervals to other positions within the institution even though that may result in lower pay, or no pay at all, to the inmate being rotated out of the position. The institution head shall determine the rotation schedule based upon security needs of the institution. Assignments to such positions shall not exceed a two-year period. Routine rotation shall not affect the inmates' work/training group designation, although it may divest the inmate of a paid position.
(f) Any staff request for removal of an inmate from a program shall be submitted to the inmate's correctional counselor on a CDC General Chrono Form. The counselor shall refer the request to a classification committee for consideration and action. If a request is for cause, defined as behavior that would result in loss of participation credit pursuant to section 3043.2(a), the inmate may be temporarily relieved of the position and denied pay (if a paid position), pending classification committee action.
(g) Work assignments, in lieu of enrollment and participation in education, vocational, therapeutic or other institution program assignments, may be made with or without the inmate's consent by a classification committee, a staff member designated as an inmate assignment lieutenant, or by any staff member responsible for the supervision of an unassigned inmate.
(h) Inmates who have a history of computer fraud or abuse, including documented institutional disciplinary action involving computer fraud or abuse, shall not be placed in any vocational or work assignment that provides access to a computer.
(i) A job description shall be developed for each inmate work/training position, establishing the minimum standards of acceptable participation and performance and the possible consequences of failure or refusal to meet the standards. The inmate shall sign a copy of the job description, indicating acceptance of the conditions of employment, and shall receive a copy.
(j) The allocation of paid inmate work/training assignments on an institution-specific basis shall be made by the institution's inmate pay committee. Each institution shall administer an inmate pay program consistent with the budget allotted for such assignments. As directed and in accordance with section 3380, Department and institutional inmate pay committees shall administer inmate rate and wage matters subject to these regulations.
(k) An inmate's assignment to a paid position is a privilege dependent on available funding, job performance, seniority and conduct. These factors shall be criteria considered in determining an inmate's eligibility for pay earning status and rate of pay.
(l) The following inmate assignments shall not be considered paid work/training assignments.
(1) Inmate advisory council members (except the chairperson and secretary).
(2) Vocational student assignments (however, exceptions may be made where the inmate is enrolled in a bona fide apprenticeship program or performs work that provides a benefit to the institution and/or public).
(3) Academic student assignments.
(4) Substance abuse or therapeutic program assignments.
(5) Any other specific work/training assignment deemed “non-pay” by the inmate pay committee of the institution/facility.
NOTE
Authority cited: Sections 2700, and 5058, Penal Code. Reference: Section 1182, Labor Code; and Sections 502, 2079, 2702, 2933, 5054 and 5068, Penal Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
3. New subsection (e) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. New subsection (e) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. New subsection (e) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
8. Editorial correction of HISTORY 7. only changing Register 88, No. 16 to Register 88, No. 24 (Register 88, No. 34).
9. Certificate of Compliance as to 6-2-88 order transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
10. Amendment of subsection (b), new subsection (d) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-20-92 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
12. Renumbering and amendment of former section 3220.2 to subsection 3040(b) and subsection redesignation filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
14. New subsection (g), subsection relettering, and amendment of Note filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
15. New subsection (e) and subsection relettering filed 2-13-2001; operative 3-15-2001 (Register 2001, No. 7).
16. Amendment of subsections (a)-(c), (d)-(f) and (i), new subsections (j)-(l)(5) and amendment of Note filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
17. Amendment of subsections (a), (c) and (e) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
18. Amendment of subsections (a), (c), (d) and (g) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3040.1. Substance Abuse Programs for Inmates.
Note • History
(a) Prisons may establish substance abuse programs (SAP) to provide addiction and recovery treatment services to qualifying inmates.
(1) Except as provided in subsection (a)(2), a SAP is not intended to provide medical or mental health treatment. Available services and duration of programs may vary, as determined by CDCR Adult Program staff consistent with institutional security and available resources.
(2) Inmates enrolled in the Enhanced Outpatient Program (EOP) who have a co-occurring dual diagnosis of substance abuse may be considered for assignment to a SAP where it is a component of the mental health program.
(b) A classification committee shall consider inmates who have a documented history of substance abuse for assignment to a SAP; assignment may be voluntary or involuntary.
(c) Inmates with the following case factors shall not be placed in an SAP:
(1) Inmates who have been housed in a Security Housing Unit at any time during the preceding 12 months as a result of a guilty finding in a disciplinary action for assault and/or battery with force sufficient to cause serious injury or other rule violations classified as Division A-1, as listed in Section 3323(b);
(2) Inmates who have been housed in a Protective Housing Unit at any time during the preceding 12 months;
(3) Inmates who are currently members or associates of a prison gang, as certified by a Institution Gang Investigator;
(4) Inmates who have active or potential felony holds from any jurisdiction which could result in an increase in sentence length;
(5) Inmates who have active or potential United States Immigration and Naturalization Service holds;
(6) Inmates who are enrolled in Inpatient or Enhanced Outpatient Program (EOP) services, except as provided in subsection (a)(2).
(d) Inmates who meet the initial screening requirements for placement in an SAP shall be identified in the department's data processing system record by the placement of an “S” in the Eligibility Identifier field of the database.
(e) Final consideration prior to assignment to an SAP:
(1) Inmate's classification score and administrative determinants, established in accordance with section 3375, shall be appropriate to the facility where the SAP is located;
(2) Inmate's remaining time to serve shall be within the minimum length of participation required for the SAP as established at that institution.
(f) Inmates assigned to an SAP are subject to the program participation requirements listed in Section 3040, and the performance requirements of section 3041, and shall be placed in a work/training incentive group consistent with the provisions of section 3044. Inmates who fail to comply with program participation and/or performance requirements shall be subject to the methods of discipline defined in section 3312.
(g) Inmates who participate in an SAP shall not be eligible for placement in a Community Correctional Reentry Facility unless that facility provides a continuation of SAP activities.
(h) Inmates eligible for SAP placement who are housed in Conservation Camps or Minimum Support Facilities shall participate in an SAP only if one is available at that facility.
(i) A community services plan shall be developed by SAP staff for each inmate being paroled from an SAP.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 8-28-98 as an emergency; operative 8-28-98 (Register 98, No. 35). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-4-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-28-98 order, including amendment of section, transmitted to OAL 2-2-99 and filed 3-18-99 (Register 99, No. 12).
3. Amendment of subsection (c)(3) filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
4. Amendment of subsections (a) and (b) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
6. Amendment of subsection (a), new subsections (a)(1)-(2) and amendment of subsection (c)(6) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
§3040.2. Bridging Education Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058, Penal Code. Reference: Sections 2933 and 5054, Penal Code.
HISTORY
1. New section filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
2. Repealer filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
Note • History
(a) Inmates must perform assigned tasks diligently and conscientiously. Inmates must not pretend illness, or otherwise evade attendance or avoid performance in assigned work, education and programs, or encourage others to do so.
(b) Inmates must report to their place of assignment at the time designated by the institution's schedule of activities and as instructed by their assignment supervisor. Inmates may not leave an assignment without permission to do so.
(1) Time and payroll credits for paid inmate workers shall be documented on timekeeping logs maintained by work supervisors in accordance with section 3045.
(2) The duration of an unauthorized absence from a compensated assignment shall be documented and under no circumstances shall an inmate be paid under the authority of section 3041.2 for time not worked.
(c) Inmates must perform their work and program assignments in a safe manner, using safety equipment as instructed by their assignment supervisor.
(d) Inmates assigned to educational, vocational, or other training programs must cooperate with the instructor or the person in charge, and must comply with instructions, and all requirements for participation in the assigned activity.
(e) Inmates in assignments where they will type, file, or otherwise handle any nonconfidential information pertaining to another inmate shall comply with all state Information Practices Act (Civil Code Sections 1798, et seq.) requirements.
(1) For purposes of this section inmates in such assignments are designated “special agents” of the Department of Corrections as defined in Civil Code Section 2297, for the limited purposes of typing, filing, and handling information under the supervision of employees of the Department, and for no other purpose.
(2) Pursuant to Civil Code Section 2318 inmate “special agents” are specifically deprived of the authority to disobey instructions as described in Civil Code Section 2320.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 2297, 2318, 2320 and 1798 et seq., Civil Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. New subsections (e)-(e)(2) and Note filed 2-22-95; operative 3-24-95 (Register 95, No. 8).
3. Amendment of subsection (a) and new subsections (b)(1)-(2) filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
4. Amendment of subsection (b)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
5. Amendment of subsection (a) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3041.1. Paid Inmate Work/Training Assignment Criteria.
Note • History
(a) Inmate work/training supervisors, in accordance with section 3040(d), shall fill vacant paid inmate assignments based on the following criteria:
(1) Skill level evidenced by the inmate's technical expertise, ability, and knowledge.
(2) Behavior and relationships with others evidenced by the inmate's ability to deal with staff and other authority figures, work/training supervisors, and other inmates.
(3) Attitude and adaptability evidenced by the inmate's willingness to learn and to take directions.
(4) Work/training habits evidenced by the inmate's punctuality, dependability, care of equipment, and safety practices.
(5) Formal education and training evidenced by the inmate's preparation for the assignment and ability to read, write, and speak effectively.
(6) Mission and physical plant of the institution/facility.
(7) Ethnic balance. Ethnic balance is achieved by having the facility's White, Black, Hispanic, American Indian, and other identified ethnicities in the inmate population proportionately represented in the number of paid assignments at the facility.
(b) Each institution/facility shall establish an application process for selection of skilled workers to fill paid positions.
(c) Inmates assigned to paid positions will be paid from the fund or allotment of the institution's/facility's support budget.
(d) All paid work/training assignments shall be ranked in sequential order of technical skill required. The United States Department of Labor Dictionary of Occupational Titles (DOT) shall be used to maintain consistency throughout the Department when determining skill levels.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
§3041.2. Inmate Pay Rates, Schedule and Exceptions.
Note • History
(a) Pay rates at each facility for paid inmate assignments shall be commensurate with the level of skill and productivity required and shall be set with the assistance of the Institutional Inmate Pay Committee. Pay rates shall be in accord with the Following general pay schedule adopted and revised by the Director purusant to the Administrative Procedures Act.
(1) Pay Schedule
Minimum/Maximum Minimum/Maximum
Skill Level Hourly Monthly
Level 1 DOT Skill Level 9
Lead Person $0.32-$0.37 $48-$56
Level 2 DOT Skill Levels 7-8
Special Skill $0.19-$0.32 $29-$48
Level 3 DOT Skill Levels 5-6
Technician $0.15-$0.24 $23-$36
Level 4 DOT Skill Levels 3-4
Semi-Skilled $0.11-$0.18 $17-$27
Level 5 DOT Skill Levels 1-2
Laborer $0.08-$0.13 $12-$20
(2) Monthly rates shall apply to full time employment in the job classifications and shall be paid from the support budget or inmate welfare funds. Hourly rates shall apply to half time and partial full time paid employment.
(b) Exceptions to the above schedule may be made in extraordinary circumstances. A wage comparable to that paid to inmates in the Prison Industry Authority inmate pay program may be paid for special projects or assignments that require a high degree of skill or expertise. Other exceptions may also be made in order to fill positions when recruitment or retention of inmate workers is a problem. Any exceptions based upon this subsection shall require approval, review and justification on an annual basis by the institution head or designee.
(c) Pay increases shall not be automatic or based on the inmate's longevity in an assignment. Increases or reductions in the pay rate shall be based on the work/training supervisor's recommendation, the inmate's work/training performance reports, subject to review and approval of the inmate assignment authority.
(d) Inmates may receive a pay increase only on a quarterly basis and only until the maximum pay rate for that assignment is obtained.
(e) Inmate performance rating and total hours in job categories shall be reviewed when changes in job classifications are being considered. Inmates approved for advancement to a higher skill classification shall enter the new classification at a pay grade equal or greater to their previous pay grade in the lower skill, unless the new assignment is to a non-paid position.
(f) The reason for any reduction in an inmate's pay rate, including either removing the pay status or decreasing the pay level from an assigned position or reassigning the inmate to a non-paid or lower paid position, shall be documented in the inmate's central file as follows:
(1) When the reason for a pay reduction is misconduct, including the inmate's willful refusal or failure to work as directed, the matter shall be reported in accordance with Sections 3314 and 3315 as appropriate.
(2) When the reason for a pay reduction is not the fault of the inmate, including their inability to satisfactorily perform the required duties after a reasonable effort to do so, the matter shall be documented on a CDC General Chrono.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2811 and 5054, Penal Code.
HISTORY
1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment of section heading, section and Note filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
3. Change without regulatory effect amending subsection (e) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
4. Amendment filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3041.3. Inmate/Parolee Access to Computers.
Note • History
(a) Inmates shall not access any computer outside of their authorized work, vocational, or educational assignment, or as needed for legal research on the Law Library Electronic Delivery System, except as authorized by the department's Information Security Officer (ISO).
(b) Inmates shall not access any computer connected to a local area network (LAN), except as approved by the ISO; nor shall inmates access any computer which has any type of direct, outside communication capability, except as provided in section 3370(b).
(c) Only those computer programs developed by inmates that are written in a programming language approved by the ISO shall be authorized for use.
(1) The use of inmates as programmers and system experts shall be prohibited where there is a risk to the information assets of the department or the public, as determined by the institution head or the ISO. Inmates shall not be used as programmers or system experts for departmental business applications, systems, and data.
(2) Inmates assigned to one computer for work, vocation or education shall not be assigned to, or permitted to use, any other computer, except as approved by the ISO.
(d) Areas where inmates are authorized to work on computers shall be posted as such. Each computer in a facility shall be labeled to indicate whether or not inmates are authorized access to that computer.
(e) Inmates shall not access any computer that contains or is capable of accessing sensitive or confidential information or is connected to, other computers containing sensitive or confidential information, except as provided in section 3370(b).
(f) Inmates shall not use or be informed of any computer password, except when issued by the supervising staff. The supervising staff and not the inmate must always retain the ability to change the password.
(g) Inmates shall not have access to diskettes or any other electronic storage media, except within an area approved by the institution head.
(h) Inmates shall not possess a computer as part of their personal property.
(i) Inmates shall not access or use any computer-based tool or program that is capable of destroying or corrupting stored data, except as provided in sections 3041.3(m) and 3370(c).
(j) Inmates who have a record of computer fraud or abuse shall not have access to a computer.
(k) No external communication capabilities; e.g., telephone lines with connectivity outside the inmate facility, data lines, data punch panels, or telephone access punch panels, shall be permitted in any area where inmates are allowed to access computers, except as approved in writing by the ISO. The local Information Security Coordinator must keep a copy of the written exception on file for post audit.
(l) Inmates shall not directly access or alter any computer's operating system, except as provided in sections 3041.3(m) and 3370(b), or authorized by the ISO.
(m) Inmate refurbishing of computers shall be permitted only as part of a program that has been approved, and subject to all requirements established, by the institution head and ISO. An unclothed body search shall be conducted on each inmate prior to their exiting any area where a computer refurbishing program exists.
(n) Each parole office shall ensure the security of computers, LANs, and modems or other communication devices used in that office from unauthorized access by parolees. The unit supervisor of each parole office shall be responsible for enforcement of this subsection.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 502, 502.7 and 2702, Penal Code.
HISTORY
1. New section filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
2. Amendment of section heading and new subsection (n) filed 1-31-2002; operative 3-2-2002 (Register 2002, No. 5).
3. Change without regulatory effect amending subsection (b) filed 5-6-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).
4. Amendment of subsection (n) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
5. Amendment of subsections (a), (d)-(f) and (k) filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
Article 3.5. Credits
§3042. Penal Code 2933 Credits.
Note • History
(a) Except where otherwise prohibited by law, effective January 25, 2010, for every six months of continuous incarceration from the date of sentencing to the Department of Corrections and Rehabilitation, an eligible inmate shall be awarded six months reduction in term of imprisonment. A lesser amount of credit based on this ratio shall be awarded for any lesser period of continuous imprisonment. Under no circumstances shall any inmate receive more than six-months credit reduction for any six-month period under this section.
(1) Inmates who have waived their right to credits under Penal Code section 2931, as provided in Penal Code section 2934, may, pursuant to PC section 2933, be eligible for a reduction in their term of imprisonment from the date of reception by the department on the effective date of the waiver.
(2) Inmates who have received involuntary civil commitment for narcotic addiction for an offense perpetrated on or after January 1, 1983 are not entitled to PC 2933 credits. Time shall be calculated in accordance with the entire sentence imposed by the court including any presentence or postsentence credits which have been granted.
(3) Civil Addict Commitments received prior to August 31, 1995 who are confined at California Rehabilitation Center (CRC) or a branch of CRC and are within 90 days of reaching their Custody Expiration Date (CED) which precedes their Program Expiration Date (PED); outpatients who are returned to CRC or a branch of CRC; and outpatient violators received prior to August 31, 1995 who have not previously elected to continue participation in the Civil Addict program shall be given two options:
(A) Remain in the Civil Addict Program, or
(B) Request exclusion from the Civil Addict Program and referral to the committing court for the vacating of Civil Addict Commitment and further proceedings on the criminal charges.
(4) The inmate's choice shall be indicated and signed utilizing the CDC Form 1840 (Rev. 12/95).
(5) PC 2933 Credits awarded may be denied or forfeited due to disciplinary action.
(b) Credits for interstate transfer inmates. The Western Interstate Corrections Compact and the Interstate Corrections Compact Agreement enable the Department to transfer and exchange prisoners with other states.
(1) Inmates who agree to serve their term in another state or a federal institution, or who are serving a concurrent term in another jurisdiction, shall be eligible to earn credits as authorized under the provisions of Penal Code sections 2933 and 2933.05.
(2) Before such credit can be awarded, the inmate's credits must be verified by a delegated official of the host institution and reported to the department.
(c) Life-term inmates.
(1) Pursuant to PC section 2933, credits shall be applied to reduce the minimum terms of life inmates sentenced only under PC sections 191.5(d), 217.1(b), 667.7(a)(1) and PC 667.75.
(2) Inmates sentenced to life terms with determinate sentence law (DSL) enhancements or with a consecutive DSL term shall, except where otherwise prohibited by law, be eligible to receive credits on such terms pursuant to PC section 2933.
(d) Case records staff shall process and calculate inmate credits and release dates based upon information provided by the courts and program staff.
(1) Any classification or inmate appeal action affecting an inmate's release date, including a change in work group status or credit forfeitures and restorations, shall be forwarded to case records staff. Inmates shall be provided a copy of any change in their release dates.
(2) Case records staff shall compute credits. The resultant new legal status summary (LSS) shall be forwarded to the inmate.
NOTE
Authority cited: Sections 2700 and 5058, Penal Code. Reference: Sections 2931, 2933, 2933.05, 2935, 5054, 6260, 11189 and 11190, Penal Code; Section 3201, Welfare and Institutions Code; In re Monigold, 205 Cal. App. 3d 1224; and People v. Jones, 44 Cal. Rptr. 2d 164 (Cal. 1995).
HISTORY
1. New section filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 88, No. 38.
2. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
Note • History
Presentence. Credit for time served on a term prior to sentencing shall be awarded by the sentencing court pursuant to sections 2900.1, 2900.5 and 4019 of the Penal Code.
(a) Behavior. All inmates serving a determinate term of imprisonment for a crime committed before January 1, 1983, who have not waived the time credit provisions of Penal Code section 2931, shall be credited with a one-fourth reduction on their term of imprisonment, unless all or part of such good behavior credit is denied or forfeited as the result of disciplinary action in the amounts listed in section 3323. Such credit shall be calculated from July 1, 1977 or the date of reception by the department, whichever is later.
(1) Except where otherwise prohibited by law, inmates sentenced under Penal Code section 190 to an indeterminate term of 15 years-to-life or 25 years-to-life and received by the department on or after May 27, 1987 shall be credited with a one-fourth reduction on their minimum eligible parole date, unless all or part of such good behavior credit is denied or forfeited as the result of disciplinary action in the amounts listed in section 3323.
(b) Participation. All inmates described in subsection (a) shall be credited with a one-twelfth reduction on their term unless all or part of such participation credit has been denied or forfeited as the result of disciplinary action for failure or refusal to participate and perform work and/or program assignments as ordered or directed.
(c) Milestone completion credits.
(1) Milestone means the achievement of a distinct objective of a rehabilitative program as established by CDCR in the Milestone Completion Credit Schedule (see 3043(c)(6)). If an inmate is eligible for program credits pursuant to PC section 2933.05, reaching a milestone allows for awarding of such credits.
(A) Milestone completion credits for GED academic achievements shall not be awarded to inmates already possessing a GED, high school equivalency/diploma or college degree.
(B) All inmates must sign the CDCR Form 2233 (Rev. 06/11), Inmate Declaration Of General Education Development (GED) Eligibility, which is hereby incorporated by reference, prior to taking any portion of the GED exam.
(2) In addition to any credit awarded pursuant to section 3042, credit reductions to reduce an eligible inmate's term of confinement may be awarded in increments of not less than one week, but no more than six weeks in a twelve-month period for achievement of specific program performance milestones concluding with the successful completion of in-prison or Alternative Custody Program (ACP), pursuant to Chapter 1, Article 6.8, section 3078, rehabilitative programs approved and listed by CDCR on the Milestone Completion Credit Schedule (see 3043(c)(6)). One week is equivalent to 7 calendar days.
(3) Inmates who have received involuntary civil commitment for narcotic addiction for an offense perpetrated on or after January 1, 1983 are not entitled to milestone completion credits as defined in subsection 3043(c)(1).
(4) For the purposes of this section, in-prison or ACP rehabilitative programs shall include, but are not limited to academic programs, vocational training programs, substance abuse programs and other core programs such as anger management and social life skills.
(5) Each program milestone shall identify the applicable credit reduction, and shall specify the performance measurement necessary for attainment. Performance measurements include the mastery/understanding of course curriculum demonstrated by completion of assignments, instructor evaluation and standardized testing.
(6) Specific milestone completions and credits awarded are established by Adult Programs on the Milestone Completion Credit Schedule (Rev. 05/11), which is hereby incorporated by reference. All changes to the Milestone Completion Credit Schedule shall be adopted in accordance with rulemaking requirements of the Administrative Procedures Act (Government Code sections 11340 through 11364).
(7) Program milestones earned in excess of six weeks within a twelve-month period shall be applied at the beginning of the next twelve-month period of continuous incarceration.
(A) For the purposes of this section, the 12-month period shall begin on the date when the first milestone completion credits are completed and verified by the Inmate Assignment Lieutenant. For ACP Participants, the 12-month period shall begin on the date when the first milestone completion credits are completed and verified by the ACP Program Manager or designee.
(B) Within 3 business days of completion of an approved performance milestone, the approved program instructor will certify completion of a milestone via a CDC Form 128-B (Rev. 4/74), General Chrono and forward the document to the Inmate Assignment Office. ACP Participants shall notify the ACP Case Manager or designee of completion of an approved performance milestone in writing and provide documentation of completion. The ACP Case Manager or designee will verify completion of the performance milestone and, upon verification, notify the ACP Program Manager of completion of a performance milestone within 3 business days via a CDCR Form 1502 Activity Report (Rev. 10/06).
(C) Upon receipt of General Chrono, within 3 business days, the inmate assignment lieutenant or custody staff member not less than the rank of lieutenant, or the ACP Program Manager or designee, will verify the inmate's eligibility for milestone completion credits and complete a CDC Form 128-G (Rev. 10/89), Classification Chrono and forward to Case Records.
(8) No milestone completion credits shall be awarded for incomplete performance milestones under any circumstances.
(9) Milestone completion credits awarded may be denied or forfeited due to disciplinary action.
(10) Inmates shall not be eligible for program milestone completion credits that result in an inmate being overdue for release.
(11) Upon parole or discharge, any program milestone completion credits unapplied shall be voided.
(d) Inmates assigned to the Western Interstate Corrections Compact or the Interstate Corrections Compact Agreement are eligible to earn Milestone Completion Credits in accordance with section 3042(b).
(e) Jail confinement. A reentry inmate who is confined in a local jail pending an investigation or disciplinary action, shall be classified and placed in an appropriate work group pursuant to section 3045.1.
(f) Return from work furlough. An inmate returned to an institution due to disciplinary action or refusal to participate in assigned work, education or vocational assignment shall be placed in work group A-2, or to workgroup C (non-credit earning) by a re-entry classification committee.
(g) Heroic acts and exceptional assistance. Up to 12 months reduction of sentence may be awarded for the following acts:
(1) Acts preventing loss of life or injury to the public, staff, or other inmates.
(2) Acts preventing significant loss or destruction of property.
(3) Providing sworn testimony in judicial proceedings involving prosecution of a felony offense which occurred within the prison.
(h) Case records staff shall process and calculate inmate Milestone Completion Credits in accordance with subsection 3042(d).
NOTE
Authority cited: Sections 2700, 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05, 2931, 2933, 2933.05, 2935, 5054, 6260, 11189 and 11190, Penal Code; Section 3201, Welfare and Institutions Code; In re Monigold, 205 Cal. App. 3d 1224, and People v. Jones, 44 Cal.Rptr.2d 164 (Cal. 1995).
HISTORY
1. Change without regulatory effect amending subsections (a) , (c) (1) and NOTE pursuant to section 100, title 1, California Code of Regulations filed 12-28-89 (Register 90, No. 1). For prior history, see Register 88, No. 50.
2. Amendment of subsection (c) and redesignated subsection (e), new subsection (d) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Certificate of Compliance as to 12-20-91 order including amendment of subsection (d)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
5. Editorial correction of subsection (c)(2)(A) (Register 95, No. 42).
6. New subsections (c)(1)-(3) and subsection renumbering, and amendment of Note filed 2-20-96 as an emergency; operative 2-20-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 7-29-96 pursuant to Penal Code Section 5058(e) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-20-96 order transmitted to OAL 6-17-96 and filed 7-23-96 (Register 96, No. 30).
8. Amendment of subsections (a)(1), (c)(4), (c)(5), (c)(5)(B), (d)(1), (g) and (g)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
9. Amendment filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
11. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
12. New subsections (c)(1)(A)-(B) and amendment of subsection (c)(6) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
13. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
14. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
16. Amendment of subsections (c)(2), (c)(4) and (c)(7)(A)-(C) and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
Note • History
(a) Inmates serving a determinate term of imprisonment may waive the right to receive credit and thereafter be eligible to earn milestone completion credits in the amounts provided for in section 3043 (c).
(1) Inmates serving an indeterminate term of imprisonment of 15 years-to-life, or 25 years-to-life shall not be entitled to waive their right to behavior and participation credits to earn Penal Code section 2933 worktime credits to reduce their minimum eligible parole dates.
(2) Inmates sentenced under Penal Code section 190 to an indeterminate term of imprisonment of 15 years-to-life or 25 years-to-life received by the department prior to May 27, 1987, who waived their right to behavior and participation credits shall not be entitled to earn Penal Code section 2933 worktime credits after February 15, 1989 to reduce their minimum eligible parole date.
(b) All credit attributable to the portion of the inmate's sentence served prior to the effective date of the waiver shall be retained by the inmate unless such credit has been forfeited for a disciplinary offense. This credit includes all presentence custody and good behavior credit; credit granted under Penal Code Section 4019; post-sentence credit; actual days in custody from date of reception and behavior and participation credit attributable to that actual custody.
(c) Eligible inmates wishing to receive credits pursuant to PC sections 2933 and 2933.05 shall present a signed, CDCR Form 916 (Rev. 09/09), Time Credit Waiver, which is hereby incorporated by reference, to their caseworker who shall:
(1) Verify the qualifying program.
(2) Enter the effective date of the waiver upon the credit waiver form.
(3) Forward the form to the facility's records office for placement into the inmate's central file.
(d) The credit waiver shall be effective on January l, 1983 if signed on or prior to that date. If signed at a later date, such waiver shall be effective on the date the inmate's assignment to a credit qualifying program is verified. In instances where any inmate serving a sentence prior to January 1, 1983 was not provided with an opportunity to sign a credit waiver, the waiver shall be effective on the date the inmate would otherwise have been eligible because of a qualifying work/training assignment. Accepted waivers shall be irrevocable.
(e) A waiver shall not be accepted from an inmate within 30 days of their release date or if the waiver is retroactive and recomputation of sentence credits would make the inmate overdue for release, or if granting the credit waiver will prevent notification to local law enforcement officials of the release of inmates described in section 3327(c)(2) in the 45-day time frame required by law.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5, 832.5, 2933, 2933.05, 2933.6, 2934, 3058.6, 3058.9 and 5054, Penal Code.
HISTORY
1. Certificate of Compliance including amendments transmitted to OAL, 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (c) and new subsection (d) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 83, No. 16).
4. Amendment of subsection (c) and new subsection (d) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsection (c) and new subsection (d) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Change without regulatory effect of subsection (a) pursuant to section 100, title 1, California Code of Regulations filed 12-28-89 (Register 90, No. 1) .
9. New subsection (c), amendment of redesignated (d) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of printing errors (Register 92, No. 4).
11. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
12. Amendment of subsection (e) and Note filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
13. Amendment of subsections (a), (c) and (e) and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3043.2. Loss of Participation Credit.
Note • History
(a) Any inmate who accumulates participation credit as described in Section 3043(b) may be denied or may forfeit such credit for failure or refusal to perform assigned, ordered, or directed work or program activities, as described in section 3040. Any serious disciplinary offense committed while participating in such prison work or program activities shall be deemed a failure to participate.
(b) Not more than 30 days of participation credit may be denied or forfeited for any single failure or refusal to participate which occurred on or after January 1, 1983.
(c) Failure to work or participate in program activities for reasons which are beyond the inmate's control shall not be cause for denial or forfeiture of participation credit. Such circumstances may include but are not limited to:
(1) The inmate has not been given instructions or an order or an assignment to perform or participate in work or program activities.
(2) The inmate's work or program assignment has been temporarily suspended or permanently terminated, and no other work or program assignment has been ordered.
(3) The inmate is medically excluded or restricted from work or program activities, either on a temporary basis because of illness or injury, or on a permanent basis because of medically diagnosed physical or mental inability to participate.
(4) The inmate has failed to perform or participate after demonstrating a reasonable effort in the specified activity.
(5) The inmate is restricted from reporting to or participating in an assigned work or program activity by an order or action of institution staff.
NOTE
Authority cited: Sections 2931 and 5058, Penal Code. Reference: Sections 2931 and 5054, Penal Code.
HISTORY
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
§3043.3. Loss of Behavior, PC 2933, or PC 2933.05 Credit.
Note • History
(a) As used in these regulations, “forfeiture” of credits means loss of credits previously earned or to be earned. Behavior, PC 2933 or PC 2933.05 credit may be denied or forfeited for the commission of any felony or misdemeanor, whether prosecuted or not, serious rule violation committed after January 1, 1983, or court judgment pursuant to Penal Code sections 2932.5 and 2933(c).
(1) Not more than 360 days of credit shall be denied or forfeited for any act specified as a division A-1 offense in section 3323(c), of these regulations.
(2) Not more than 180 days shall be denied or forfeited for any act specified as a division A-2 offense in section 3323(d) of these regulations or for any other felony not cited in subsection (a) (1).
(3) Not more than 90 days shall be denied or forfeited for commission of any misdemeanor.
(4) Not more than 30 days shall be denied or forfeited for any single act described as a serious rule violation in these regulations, unless such act is a misdemeanor or felony offense.
(5) An inmate found by a court to be a vexatious litigant as defined in section 3000 shall be denied or lose 30 days of credit.
(b) No behavior credit attributable to any portion of a sentence served prior to January 1, 1983 shall be forfeited for any criminal or disciplinary offense occurring on or after January 1, 1983.
(c) Credit loss shall be assessed in accordance with the schedule provided in section 3323. The inmate shall be notified of the change in his or her anticipated release date due to the denial or forfeiture of credits.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 2932.5 and 5054, Penal Code.
HISTORY
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (a) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment of subsection (a) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsection (a) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Editorial correction of printing error in History 1. (Register 92, No. 5).
9. Amendment of subsection (a), new subsection (a)(5) and amendment of Note filed 11-12-97 as an emergency; operative 11-12-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-98 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 98, No. 18).
11. Amendment of subsection (a), new subsection (a)(5) and amendment of Note refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-29-98 order transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98, No. 30).
13. Amendment of subsection (a)(4) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
14. Amendment of section heading and subsections (a) and (a)(5) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
Note • History
An inmate eligible to earn credit who refuses a full-time qualifying assignment, or is placed on non-credit earning status (Work Group C) by a classification committee for frequent work/training violations due to serious disciplinary infractions, shall not receive earned credit.
(a) Inmates placed in SHU, PSU, BMU, or ASU for misconduct due to a serious disciplinary infraction are ineligible to earn credits for a period not to exceed the number of disciplinary credits forfeited.
(b) An inmate who is placed in SHU, PSU, or ASU for misconduct described in subsection (c) or upon validation as a prison gang member or associate is ineligible to earn credits pursuant to section 2933 or 2933.05 during the time he or she is in the SHU, PSU, or ASU for that misconduct.
(c) The following offenses shall exclude an inmate from earning credit:
(1) Murder, attempted murder, and solicitation of murder. For purposes of this paragraph, solicitation for murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other non-prisoner which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, or attempted oral copulation accomplished against the victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to burn any structure of property.
(13) Solicitation of assault with a deadly weapon or assault by means of force likely to produce great bodily injury, arson, or a forcible sex act.
(14) Intentional destruction of state property in excess of four hundred dollars ($400) during a riot or disturbance.
(d) If a Rules Violation Report (RVR) finding of the misconduct is not guilty or dismissed, or if the inmate is criminally prosecuted for the misconduct and is found not guilty, the inmate may remain eligible for credit earning.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 2932, 2933, 2933.05, 2933.6, 5054 and 5068, Penal Code.
HISTORY
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83 and filed 4-27-83 (Register 83, No. 18).
2. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88; operative 10-26-88 (Register 88, No. 50).
8. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
9. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
Note • History
(a) Special assignments include:
(1) Inmate advisory council. The positions of chairperson and secretary of an institution's inmate advisory council may be full-time positions in Work Group A-1.
(2) Prerelease program. Assignment to an approved full time pre--release program shall qualify as full time assignment in Work Group A-1.
(b) Medical/psychiatric inpatient hospitalization (29 calendar days or less). Inmates determined by medical/psychiatric staff to need short-term inpatient care shall retain their existing credit earning category. Inmates requiring longer periods of inpatient care shall be referred by the attending physician/psychiatrist to a classification committee. The classification committee shall confirm the inmate's unassigned inpatient category and change the inmate's work/training group status as follows:
(1) General population inmates shall be placed in Work Group A-2, effective the thirtieth day of unassignment.
(2) Segregation inmates who are in Work Group A-1 or B shall be placed in Work Group D-1, effective the first day of placement into Administrative Segregation.
(3) Segregation inmates in Work Group D-1 or D-2 shall retain their Work Group status.
(c) Long term medical/psychiatric unassigned status. In cases where the health condition necessitates that the inmate becomes medically unassigned for 30 calendar days or more, the physician shall specify an anticipated date the inmate may return to work. The classification committee shall review the inmate's medical or psychiatric unassigned status and change the inmate's Work Group status as follows:
(1) An inmate in the general population shall be changed to Work Group A-2, involuntary unassigned, to be effective the thirtieth day of unassignment.
(2) An inmate in a lockup unit who is in Work Group A-1 or B shall be changed to Work Group D-1 to be effective the first day of placement into Administrative Segregation.
(3) An inmate in a lockup unit who is in Work group D-1 or D-2 shall be retained in their respective Work Group.
(d) Medical/psychiatric health care status determination:
(1) When an inmate has a disability that limits his/her ability to participate in a work, academic, vocational or other such program, medical/psychiatric staff shall document the nature, severity, and expected duration of the inmate's limitations on a CDC Form 128-C (Rev. 1/96), Chrono-Medical, Psychiatric, Dental. The medical/psychiatric staff shall not make program assignment recommendations or decisions on the form. The CDC Form 128-C shall then be forwarded to the inmate's assigned correctional counselor who will schedule the inmate for a classification committee review. The classification committee shall have the sole responsibility for making program assignment and work group status decisions. Based on the information of the CDC Form 128-C and working in conjunction with staff from the affected work area, academic/vocational program, and the Inmate Assignment Lieutenant, the classification committee shall evaluate the inmate's ability to participate in work, academic, vocational, or other programs and make a determination of the inmate's program assignment and work group status.
(2) Only when the inmate's documented limitations are such that the inmate, even with reasonable accommodation, is unable to perform the essential functions of any work, academic, vocational or other such program, will the inmate be placed in one of the two following categories by a classification committee:
(A) Temporary medical/psychiatric unassignment. Except as provided in section 3043.5(e)(2)(A), when a disabled inmate is unable to participate in any work, academic, vocational or other program, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to last for less than six months, the classification committee shall place the inmate on temporary medical/psychiatric unassignment. Inmates on temporary medical/psychiatric unassignment status shall be scheduled for classification review any time there is a change in his/her physical/mental impairment or no less than every six months for reevaluation. The credit earning status of an inmate on temporary medical/psychiatric unassignment for less than six months shall be in accordance with section 3044(b)(3), Work Group A-2. If the inmate's condition lasts six months and the classification committee still cannot assign the inmate due to his/her impairment, the credit earning status shall be changed to be in accordance with section 3044(b)(2), Work Group A-1 and appropriate privilege group retroactive to the first day of the temporary medical/psychiatric unassignment.
(B) Medically disabled. When an inmate is unable to participate in any assigned work, academic, vocational, or other such program activity, even with reasonable accommodation, because of a medically determinable physical or mental impairment that is expected to result in death or last six months or more, the classification committee shall place the inmate on medically disabled status. The inmate credit earning status shall be in accordance with section 3044(b)(2), Work Group A-1 and Privilege Group A.
(e) Medical/psychiatric special assignments:
(1) Light duty: Inmates determined to have long-term medical or psychiatric work limitations shall be processed in the following manner:
(A) A medical or psychiatric evaluation of the inmate shall be made to determine the extent of disability and to delineate capacity to perform work and training programs for either a full or partial workday. If the inmate is deemed capable of only a partial work program, full credit shall be awarded for participation in such a program.
(B) A classification committee shall review the evaluation and determine the inmate's assignment.
1. A committee concurring with an evaluation's light duty recommendation shall refer the matter to the facility's assignment office which shall attempt to provide an assignment within the inmate's capabilities. Inmates assigned to such light duty shall be scheduled for semi-annual review.
2. A committee disagreeing with an evaluation's light duty recommendation shall refer the matter back to the medical department, describing the difference of opinion or rationale for requesting a second medical evaluation. If the committee disagrees with the second medical evaluation it shall refer the matter to the institution classification committee for final determination.
(2) Short-term medical/psychiatric lay-in or unassignment. Inmates who are ill or otherwise require a medical/psychiatric lay-in or unassignment for 29 days or less shall be processed in the following manner:
(A) Only designated medical/psychiatric staff are authorized to approve such lay-ins and unassignments. Reasons for the approval and the expected date of return to their regular assignment shall be documented by the medical/psychiatric staff making the decision.
(B) Inmates shall notify their work or training supervisor of their lay-in or unassignment status. The work or training supervisor shall record each day of the inmate's approved absence as an “E”.
(C) Medical/psychiatric staff determining an inmate should continue on lay-in or unassigned status for more than 29 days shall refer the case to a classification committee.
(D) The inmate shall continue to use ETO time while on short-term medical/psychiatric lay-in or unassigned status.
(f) On-the-job injuries. The chief medical officer shall document inmate injuries occurring on the job. With the exception of inmates assigned to Work Group F, such injured inmates shall retain their existing work group status until medically approved to return to their work assignment. Inmates assigned to Work Group F shall revert to Work Group A-1 effective on the date the chief medical officer determines the on-the-job injury excludes the inmate from conservation camp placement providing the chief medical officer's exclusion determination is within 29 days following the date of the inmate's removal from the conservation camp assignment. If the chief medical officer's exclusion determination is not within 29 days following the date of the inmate's removal from the conservation camp assignment, the inmate shall revert to Work Group A-1 effective the 30th day following the date of the inmate's removal from the conservation camp assignment.
(g) Medical or psychiatric treatment categories “H”, “I”, and “N”. An inmate assigned to category “H”, “I”, or “N” is not capable of performing a work or training assignment and shall, except where otherwise prohibited by law, be placed in Work Group A-1.
(h) Department of Mental Health (DMH) Penal Code (PC) sections 1364, 2684 and 2690 placements. An inmate transferred to DMH pursuant to PC sections 1364, 2684 or 2690 shall be placed in a work group as provided in section 3043.6(b).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of subsection (b), repealer of subsection (c)(4), and new subsections (d)-(g) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of subsection (a)(2) (Register 92, No. 4).
9. Certificate of Compliance as to 12-20-91 order including amendment of subsection (f) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
10. Amendment of subsection (c) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (c) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
13. Amendment of subsection (c) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
15. Amendment of subsection (e) and amendment of Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
17. Amendment of subsection (a)(1) filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
18. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
19. Amendment of section heading, repealer of subsection (a)(3) and amendment of subsection (d)(1) and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3043.6. Impact of Transfer on Credit Earning.
Note • History
(a) Non-adverse transfers.
(1) A non-adverse transfer is movement of an inmate to a less restrictive institution or program where the security level is the same or lower, movement to a secure perimeter from a non-secure camp or Level 1 (Minimum Support Facility) setting by order of the prison administration for non-adverse reasons or transfers from reception centers.
(2) With the exception of inmates assigned to Work Group F, an inmate transferred for non-adverse reasons shall retain their work and privilege group status. Inmates assigned to Work Group F shall revert to Work Group A-1 effective the date removed from camp or institution fire fighter assignment.
(3) An inmate in a work assignment at the sending institution shall be placed on an existing waiting list at the receiving institution. If eligible, inmates on waiting lists at sending institutions shall be merged into the receiving institution's waiting list based on credit earning status, release date, and the length of time they have spent on the sending institution's waiting list. Inmates who are day-for-day eligible per Penal Code section 2933 shall be given priority for assignment with the exception of Senate Bill (SB) 618 Participants who, as defined in section 3000, pursuant to the provisions of subsection 3077.3(b)(1), and subject to the provisions of 3077.3(f), shall be placed at the top of an institution's waiting list and given priority for assignment. Inmates shall be merged into the receiving institution's waiting list in the following manner:
(A) First, SB 618 Participants. Those SB 618 Participants having the earliest release date shall be given first priority.
(B) Second, those inmates who are day-for-day credit eligible, approved for the program and are not assigned, Work Group A-2. Inmates eligible to earn credits per Penal Code section 2933 shall be given second priority for placement on waiting lists and the inmate with the earliest release date shall be given priority.
(C) Third, inmates who are day-for-day credit eligible and are already designated Work Group A-1. Inmates eligible to earn credits per Penal Code section 2933 shall be given next priority for placement on waiting lists and the inmate with the earliest release date shall be given priority.
(D) Fourth, those inmates who are not Penal Code section 2933 day-for-day credit eligible and are already designated Work Group A-1. Inmates will be placed on waiting lists based upon the work group effective date.
(E) Fifth, those inmates who are not Penal Code section 2933 day-for-day credit eligible and are not assigned, Work Group A-2. Inmates will be placed on waiting lists based upon the work group effective date.
(4) An inmate in an OCE approved academic, vocation program, or SAP at the sending institution shall be placed on the waiting list for the same or similar program, at the receiving institution if available. If the receiving institution's program is unavailable, the inmate shall be placed on an existing waiting list at the receiving institution. California Static Risk Assessment (CSRA) as described in Section 3768.1 shall be the primary determination for priority placement. Inmates with a CSRA of moderate to high shall take priority over those with a low risk assessment. Inmates shall be merged into the receiving institution's waiting list based on their CSRA and in accordance with subsection (3) above.
(b) Transfers to Department of Mental Health (DMH).
(1) Penal Code (PC) sections 2684 and 2690 transfers. An inmate transferred to the DMH pursuant to PC sections 2684 and 2690 is not capable of performing a work or training assignment. Such an inmate shall be classified by the sending facility before the transfer and placed in Work Group A-1.
(2) Penal Code section 1364 transfers. An inmate transferred to DMH to participate in the voluntary experimental treatment program pursuant to Penal Code section 1364 shall participate in a full-time credit qualifying work/training assignment in order to earn full worktime credit.
(c) Adverse transfers.
(1) Adverse transfers are defined as a transfer resulting from any in-custody documented misbehavior or disciplinary that may or may not have resulted in an inmate's removal from current program.
(2) If an inmate is removed from a program for adverse reasons and is subsequently exonerated of the charges, the credit earning status shall be designated as though the inmate had not been removed from the assignment.
(3) Effective on the date of transfer an inmate in Work Group A-1 or F who receives an adverse transfer shall be reclassified to Work Group A-2 by the sending institution. The inmate shall remain in Work Group A-2 until reclassified by the receiving institution.
(4) An inmate in Work Group A-2, C or D at the time of transfer shall be retained in that group status until reclassified at the receiving institution.
(d) Reception center or layover status.
(1) Inmates being processed in reception centers, who are ineligible to earn day-for-day credits per Penal Code section 2933, can be assigned to half-time assignments. Inmates on layover (en route) status in any institution shall only be assigned to half-time assignments. Exception to this policy requires approval from the director, division of adult institutions.
(2) An inmate's participation in a full or half-time assignment while undergoing reception center processing shall be recorded on timekeeping logs. The inmate's timekeeping log shall be completed by the work supervisor on a daily basis. A copy shall be issued to the inmate upon written request.
(e) Special housing unit transfers.
(1) Inmates found guilty of a credit loss offense which could result in a security housing unit (SHU) determinate term shall be evaluated for SHU assignment by a classification committee.
(2) Inmates placed in a SHU, PSU, or in ASU for reasons specified in section 3043.4 shall be placed in workgroup D-2. All other inmates in SHU, PSU, or ASU shall be placed in Work Group D-1. BMU inmates shall be placed in the appropriate workgroup, as designated by committee. The effective date of both workgroups shall be the first day of placement into SHU, PSU, BMU or ASU.
(f) Community Correctional Center (CCC) transfers. Transfers of inmates approved for a CCC program are considered non-adverse. With the exception of inmates assigned to Work Group F, inmates shall retain their current work group status while en route to a program. Inmates assigned to Work Group F shall revert to Work Group A-1 effective the date removed from the camp or institution fire fighter assignment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8, 1364, 2684, 2690, 2933, 2933.05, 2933.3, 2933.6, 5054 and 5068, Penal Code.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. New subsection (a)(4), amendment of subsection (b)(1) and new subsections (e)-(f) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of subsection (b)(1) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Change without regulatory effect amending subsection (c)(1) filed 2-5-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 6).
10. Amendment of section and Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
13. Amendment of subsection (a)(3), new subsection (a)(3)(A), subsection relettering, amendment of newly designated subsections (a)(3)(C)-(E) and amendment of Note filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
15. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
17. Amendment of subsection (a)(3) and new subsection (a)(4) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
§3043.7. Impact of 45-Day Notification on Credit Earnings.
Note • History
Inmates shall not be placed in a greater credit earning category if it prevents notification to local law enforcement officials of the release of inmates described in Section 3327(c)(2) in the 45-day time frame, as required by Penal Code Sections 3058.6 and 3058.9.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3058.6, 3058.9 and 5054, Penal Code.
HISTORY
1. New section filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
Note • History
(a) Full-time and half-time defined.
(1) Full-time work/training assignments normally mean eight (8) hours per day on a five day per week basis, exclusive of meals.
(2) Half-time work/training assignments normally mean four (4) hours per day on a five day per week basis, exclusive of meals.
(b) Consistent with the provisions of section 3375 of these regulations, all assignments or reassignments of an inmate to a work group shall be by a classification committee action in accordance with this section.
(1) Work Group F: Full-time conservation camp worker, or correctional institution inmate firefighter who has completed training for an assignment to a conservation camp or correctional institution inmate firefighter. Inmates eligible to earn day-for-day credits under Penal Code section 2933 shall be awarded two days credit for each day of qualifying performance. An inmate's ability to earn two-for-one credit shall not begin until he/she has completed conservation camp training or is assigned as an institutional firefighter. Pursuant to Penal Code section 2933.3, effective July 1, 2009, inmates eligible and assigned as institutional firefighters shall receive two-for-one credit. Conservation camp and correctional institution firefighter inmates eligible for two-for-one credit, as defined in this section, may be eligible for Work Group F credit during temporary removals from the conservation camp or correctional institution inmate firefighter setting. Inmates who become ineligible for continued conservation camp placement or as a correctional institution inmate firefighter for any reason shall be removed from Work Group F and assigned to an appropriate Work Group consistent with the remaining provisions of this section.
(2) Work Group A-1: Full-time assignment. Inmates eligible to earn Penal Code section 2933 credits shall be awarded one day credit for each day assigned to this work group. The work day shall not be less than 6.5 hours of work participation and the work week no less than 32 hours of work participation, as designated by assignment. Those programs requiring an inmate to participate during other than the normal schedule of eight-hours-per-day, five-days-per-week (e.g., 10-hours-per-day, four-days-per-week) or programs that are scheduled for seven-days-per-week, requiring inmate attendance in shifts (e.g., three days of 10 hours and one day of five hours) shall be designated as “special assignments” and require departmental approval prior to implementation. “Special assignment” shall be entered on the inmate's timekeeping log by the staff supervisor.
(A) Full-time substance abuse programs (SAP), educational and training program. SAP, educational and vocational training programs shall not be less than 3 hours of work participation per day and no less than 15 hours of work participation per week, as designated by assignment.
(B) Combination programs qualifying as full-time. Any combination of half-time work, educational or training program resulting in full-time assignment requires the same minimum participation as a regular full-time work assignment. Each combination half-time assignment requires the same minimum participation as a half-time work assignment.
(C) A full-time college program may be combined with a half-time work or vocational training program equating to a full-time assignment. The college program shall consist of 12 units in credit courses only leading to an associate degree in two years or a bachelor's degree in four years.
(D) An inmate diagnosed by a physician and/or psychiatrist as totally disabled and therefore incapable of performing an assignment, shall remain in Work Group A-1 throughout the duration of their total disability.
(E) An inmate when diagnosed by a physician and/or psychiatrist as partially disabled shall be assigned to an assignment within the physical and/or mental capability of the inmate as determined by the physician and/or psychiatrist, unless changed by disciplinary action.
(3) Work Group A-2: Involuntarily unassigned.
An inmate willing but unable to perform in an assignment shall be placed in Work Group A-2. Inmates eligible to earn Penal Code section 2933 credits shall be awarded one day credit for each day assigned to this work group, in the following status:
(A) The inmate is placed on a waiting list pending availability of an assignment.
(B) An unassigned inmate awaiting adverse transfer to another institution.
(4) Work Group B: Half-time assignment. Half-time programs shall normally consist of an assignment of four hours per workday, excluding meals, five-days-per-week, or full-time enrollment in college consisting of 12 units in credit courses leading to an associate or bachelor's degree. Inmates eligible to earn Penal Code section 2933 credits shall be awarded one day credit for each day assigned to this work group. The work day shall be no less than three hours and the work week no less than 15 hours.
(5) Work Group C: Disciplinary unassigned. Zero credit.
(A) Any inmate who refuses to accept or perform in an assignment, or who is deemed a program failure as defined in section 3000, shall be placed in Work Group C for a period not to exceed the number of disciplinary credits forfeited due to the serious disciplinary infraction(s).
(B) An inmate shall remain in zero credit earning status, not to exceed the amount of disciplinary credits forfeited, and shall revert to his/her previous workgroup upon completion of the credit forfeiture. Inmates shall be returned to a classification committee for placement on an appropriate waiting list.
(6) Work Group D-1: Lockup status. Inmates assigned to a segregated housing program, except for reasons specified within section 3043.4, shall be awarded one day credit for each day assigned to this work group. Segregated housing shall include, but not be limited to, the following:
(A) Administrative Segregation Unit (ASU).
(B) Security Housing Unit (SHU).
(C) Psychiatric Services Unit (PSU).
(7) Work Group D-2: Lockup Status. Inmates placed in SHU, PSU, or ASU for disciplinary related offenses described in Penal Code section 2933.6 or upon validation as a prison gang member or associate are ineligible to earn credits during placement in SHU, PSU, or ASU. Inmates placed in SHU, PSU, or ASU following the commission of any other serious disciplinary infraction(s) are ineligible to earn credits for a period not to exceed the number of disciplinary credits forfeited. Zero credit.
(A) An inmate assigned to a determinate SHU term which included a forfeiture of credits shall not be placed in a credit earning assignment during the period of credit forfeiture or 180 days, whichever is less, starting from the date of change in custodial classification. An inmate confined in a secure housing unit for a division A-1 offense, as designated in section 3323(c) of these regulations, and which included great bodily injury on a non-prisoner shall not receive participation or work-time credits for up to 360 days. Upon completion of the period of credit forfeiture, the inmate shall be re-evaluated by a classification committee.
(B) An inmate's status in Work Group D-2 may be extended, in up to six-month increments, by a classification committee in unusual cases where no credit qualifying program can be assigned the inmate without causing a substantial risk of physical harm to staff or others. At the end of the designated period (six months or less), the determination shall be reviewed by an institution classification committee.
(C) An inmate in, ASU, SHU, or PSU, on indeterminate or determinate lockup status, who is deemed a program failure as defined in section 3000, may be assigned Work Group D-2 by a classification committee. An inmate assigned to Work Group C at the time of placement in ASU, SHU, or PSU, or who refuses to accept or perform work assignments, shall be assigned Work Group D-2. An inmate released from ASU, SHU, or PSU may be placed back into Work Group C by a classification committee not to exceed the remaining number of disciplinary credits forfeited due to the serious disciplinary infraction(s).
(D) If the administrative finding of the misconduct is overturned or if the inmate is criminally prosecuted for the misconduct and is found not guilty, credit earning status shall be restored to the inmate's previously-designated workgroup at the time of placement into segregated housing.
(8) Work Group U: Unclassified. An inmate undergoing reception center processing is in this status from the date of their reception until classified at their assigned institution. Inmates eligible to earn Penal Code section 2933 credits shall be awarded one day credit for each day assigned to this work group.
(c) Privileges. Privileges for each work group shall be those privileges earned by the inmate. Inmate privileges are administratively authorized activities and benefits required of the secretary, by statute, case law, governmental regulations, or executive orders. Inmate privileges shall be governed by an inmate's behavior, custody classification and assignment. A formal request or application for privileges is not required unless specified otherwise in this section. Institutions may provide additional incentives for each privilege group, subject to availability of resources and constraints imposed by security needs.
(1) To qualify for privileges generally granted by this section, an inmate shall comply with rules and procedures and participate in assigned activities.
(2) Privileges available to a work group may be denied, modified, or temporarily suspended by a hearing official at a disciplinary hearing upon a finding of an inmate's guilt for a disciplinary offense as described in sections 3314 and 3315 of these regulations or by a classification committee action changing the inmate's custody classification, work group, privilege group, or institution placement.
(3) Disciplinary action denying, modifying, or suspending a privilege for which an inmate would otherwise be eligible shall be for a specified period not to exceed 30 days for an administrative rule violation or 90 days for a serious rule violation.
(4) A permanent change of an inmate's privilege group shall be made only by classification committee action under provisions of section 3375. Disciplinary or classification committee action changing an inmate's privileges or privilege group shall not automatically affect the inmate's work group classification.
(5) No inmate or group of inmates shall be granted privileges not equally available to other inmates of the same custody classification and assignment who would otherwise be eligible for the same privileges.
(6) Changes in privilege group status due to the inmate's placement in lockup:
(A) An inmate housed in an ASU, SHU, or PSU shall be designated Privilege Group D.
(7) An inmate in a re-entry furlough assignment shall be eligible for available privileges subject to working eight-hours-per-day and shall not require a privilege group designation. A re-entry inmate placed in a county facility shall be entitled to the same privileges accorded count prisoners and provided for under terms of the department's contract with the county facility.
(8) An inmate's privileges shall be conditioned upon each of the following:
(A) The inmate's compliance with procedures governing those privileges.
(B) The inmate's continued eligibility.
(C) The inmate's good conduct and satisfactory participation in an assignment.
(9) Inmates returned to custody from parole may be eligible to receive privileges based upon their satisfactory participation in an assignment.
(d) Privilege Group A:
(1) Criteria:
(A) Full-time assignment as defined in section 3044(a).
(B) An inmate diagnosed by a physician and/or psychiatrist as totally disabled shall remain in Privilege Group A unless changed by disciplinary action.
(C) An inmate designated by a physician and/or psychiatrist as partially disabled pursuant to section 3044(a) shall remain in Privilege Group A unless changed by disciplinary action.
(2) Privileges for Privilege Group A are as follows:
(A) Family visits limited only by the institution/facility resources, security policy, section 3177(b), or other law.
(B) Visits during non-work/training hours, limited only by availability of space within facility visiting hours, or during work hours when extraordinary circumstances exist as defined in section 3045.2(e)(2).
(C) Maximum monthly canteen draw as authorized by the secretary.
(D) Telephone access during the inmate's non-work/training hours limited only by institution/facility telephone capabilities.
(E) Access to yard, recreation and entertainment activities during the inmate's non-working/training hours and limited only by security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds maximum weight each, per year; exclusive of special purchases.
(e) Privilege Group B:
(1) Criteria, any of the following:
(A) Half-time assignment as defined in section 3044(a) or involuntarily unassigned as defined in section 3044(a) or involuntarily unassigned as defined in section 3044(b).
(B) A hearing official may temporarily place an inmate into the group as a disposition pursuant to section 3314 or 3315.
(2) Privileges for Privilege Group B are as follows:
(A) One family visit each six months, unless limited by section 3177(b) or other law.
(B) Visits during non-work/training hours, limited only by availability of space within facility visiting hours, or during work hours when extraordinary circumstances exist, as defined in section 3045.
(C) One-half the maximum monthly canteen draw as authorized by the secretary.
(D) One personal telephone access period per month.
(E) Access to yard, recreation, and entertainment activities during the inmate's non-working/training hours and limited only by institution/facility security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds maximum weight each, per year, exclusive of special purchases.
(f) Privilege Group C:
(1) Criteria, any of the following:
(A) The inmate who refuses to accept or perform in an assignment or is deemed a program failure as defined in section 3000.
(B) A hearing official may temporarily place an inmate into the group as a disposition pursuant to section 3314 or 3315.
(C) A classification committee action pursuant to section 3375 places the inmate into the group. An inmate placed into Privilege Group C by a classification committee action may apply to be removed from that privilege group no earlier than 30 days from the date of placement. Subsequent to the mandatory 30 days placement on Privilege Group C, if the inmate submits a written request for removal, a hearing shall be scheduled within 30 days of receipt of the written request to consider removal from Privilege Group C.
(2) Privileges and non-privileges for Privilege Group C are as follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined by institution/facility staff.
(D) Yard access limited by local institution/facility security needs. No access to any other recreational or entertainment activities.
(E) No personal property packages.
(g) Privilege Group D:
(1) Criteria: Any inmate housed in a special segregation unit, voluntarily or under the provisions of sections 3335-3345 of these regulations who is not assigned to either a full-time or half-time assignment.
(2) Any inmate removed from the general population due to disciplinary or administrative reasons, shall forfeit their privileges within their general population privilege group pending review by a classification committee.
(3) Privileges and non-privileges for Privilege Group D are as follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined by institution/facility staff.
(D) Yard access limited by local institution/facility security needs. No access to any other recreational or entertainment activities.
(E) The receipt of one personal property package, 30 pounds maximum weight, per year, exclusive of special purchases as provided in Section 3190. Inmates shall be eligible to acquire a personal property package after completion of one year of Privilege Group D assignment.
(h) Privilege Group U:
(1) Criteria: Reception center inmates under processing.
(2) Privileges and non-privileges for Privilege Group U are:
(A) No family visits.
(B) Canteen Purchases. One-half of the maximum monthly canteen draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined by institution/facility staff.
(D) Yard access, recreation, and entertainment limited by local institution/facility security needs.
(E) Excused time off as described in section 3045.2.
(F) No personal property packages.
NOTE
Authority cited: Sections 2700, 2701 and 5058, Penal Code. Reference: Sections 2932, 2933, 2933.05, 2933.3, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal.App.3d 1224 (1988).
HISTORY
1. Change without regulatory effect of subsection (c)(1) and NOTE pursuant to section 100, title 1, California Code of Regulations filed 12-28-89 (Register 90, No. 1). For prior history, see Register 88, No. 50.
2. Relocation of (a) to section 3045, amendment of redesignated (c)(4)-(f), new subsections (c)(8)-(9) and (i) and subsection renumbering filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Editorial correction of printing error in subsection (b)(1) (Register 92, No. 5).
5. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
6. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 2-27-95 as an emergency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 11-6-95 or emergency language will be repealed by operation of law on the following day.
7. New subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment of Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (d)(3)(A) and (e)(3)(A) refiled 11-7-95 as an emergency; operative 11-6-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 4-14-96 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
10. Editorial correction of History 8 (Register 96, No. 21).
11. Reinstatement of subsections (d)(3)(A) and (e)(3)(A) as they existed prior to emergency amendment filed 5-30-95 pursuant to Government Code section 11349.6(d) (Register 96, No. 21).
12. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 6-7-96 as an emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-7-96 or emergency language will be repealed by operation of law on the following day.
13. Change without regulatory effect amending subsection (e)(2) filed 7-16-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 29).
14. Certificate of Compliance as to 6-7-96 order transmitted to OAL 10-3-96 and filed 11-18-96 (Register 96, No. 47).
15. Repealer of subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment of Note filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and filed 7-21-98 (Register 98, No. 30).
17. Repealer of printed inmate time card, new subsection (b)(1), subsection renumbering and amendment of Note filed 10-23-2003 as an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004 or emergency language will be repealed by operation of law on the following day.
18. Change without regulatory effect amending subsections (d)(3)(A) and (e)(3)(A) filed 12-1-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 49).
19. Amendment of section and Note filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
20. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 10-23-2003 order transmitted to OAL 3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
22. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
23. Amendment of section and Note, including relocation of former subsection 3044(g)(4)(G) to new section 3190(i)(3), filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
24. Amendment of section, including further amendments, refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
26. Certificate of Compliance as to 6-17-2004 order, including further amendment of subsection (b)(5)(B), transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
27. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
28. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
30. Amendment of subsections (b)(5)(A) and (b)(7), new subsection (b)(7)(C), subsection relettering and amendment of subsection (d)(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
31. Repealer of subsection (c)(6)(B), amendment of subsection (c)(8)(B), repealer of subsections (d)(2), (e)(2), (f)(2), (g)(2) and (h)(2), subsection renumbering, amendment of newly designated subsection (g)(2) and repealer of subsection (i) filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).
§3045. Timekeeping and Reporting.
Note • History
(a) Inmate timekeeping logs. The attendance and/or participation of each assigned inmate shall be recorded on an approved timekeeping log. If the assignment began or ended during the reporting month, the date(s) of such activity shall be recorded on the timekeeping log. Only the symbols designated on the timekeeping log shall be used to document the inmate's attendance. The symbol(s) and applicable hours for each day shall be recorded in the space corresponding to the calendar day. This log shall be the reference for resolving complaints or appeals and shall be retained at a secure location designated by the facility management for a period of 4 years from the date of completion.
(1) Staff shall record the work or training time and absences of each inmate assigned to their supervision as they occur. At intervals designated by the institution head, the supervisor shall:
(A) Enter the totals, hours worked and ETO hours used in the designated columns of timekeeping log.
(B) Sign the log to authenticate the information.
(C) Forward the log to the division head for review and approval.
(2) Mismanagement or falsification of an inmate timekeeping log may result in adverse action and/or prosecution.
(b) Security of timekeeping logs. Inmates shall not have unauthorized access to any timekeeping logs.
NOTE
Authority cited: Sections 2700, 2701 and 5058, Penal Code. Reference: Sections 2932, 2933, 2933.05, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal.App.3d 1224.
HISTORY
1. New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer and new section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 ordered transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
8. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Renumbering and amendment of former section 3045 to section 3045.2, relocation and amendment of former section 3044(a) and adoption of subsections (b) and (c) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
11. Editorial correction deleting language previously transferred to section 3045.2 (Register 93, No. 50).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
13. Amendment of subsections (a)-(a)(1) and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
§3045.1. Timekeeping for Inmates in Administrative Segregation.
Note • History
(a) A classification committee shall evaluate the reasons for an inmate's administrative segregation (ASU) placement to ensure appropriate credits are awarded the inmate. If the placement was for:
(1) A disciplinary infraction for which the finding was not guilty or pending an investigation where the inmate was released, the inmate shall retain their work group status at the time of their placement in ASU unless otherwise impacted by a classification or disciplinary action.
(2) A disciplinary infraction for misconduct described in section 3043.4 for which the finding was guilty, the inmate shall remain in Work Group D-2 for the period of the credit loss assessment effective the date of their placement in ASU, whether or not a SHU term was assessed.
NOTE
Authority cited:Sections 2700, 2701 and 5058, Penal Code. Reference: Sections 2932, 2933, 2933.05, 2933.6, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold, 205 Cal. App. 3d 1224.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section 3045.3 and adoption of new section 3045.1 filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of subsection (a)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Repealer of subsection (b) filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsection (a)(1) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
12. Amendment of section and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
14. Amendment of subsection (a)(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).
§3045.2. Excused Time Off (ETO).
Note • History
(a) It is the policy of the California Department of Corrections and Rehabilitation that inmates assigned to work groups A-1 and B may use excused time off (ETO) during approved absences from their assignment in the manner set forth in this article.
(b) ETO shall be authorized by the work supervisor/employer in no less than 15-minute increments. The inmate shall not be required to use excused time off for any service that the department requires. An inmate who is ill and requires a medical lay-in or is short term medically unassigned for 29 days or less shall use ETO.
(c) Inmates who are ill may use ETO, but will be responsible for notifying the work/training supervisor. Sick time must be approved/authorized by the appropriate institution medical authority. Upon becoming capable of performing medically unrestricted work activities the inmate will be given priority to resume his/her previous assignment. If the assignment is not immediately available, the inmate will be placed in an assignment in his/her previous work group category.
(d) Authorized uses of ETO. Excused time off may be approved by work/training supervisors only for the below stated reasons. A proposal to use ETO for any other reason requires approval by the secretary.
(1) Family visiting. An inmate scheduled for a family visit may be permitted to visit in the visiting room (regular visit) on the first day of a family visit while awaiting processing, and on the last day of the family visit.
(2) Regular visiting under extraordinary circumstances. Following are extraordinary circumstances for which use of ETO is authorized:
(A) Out-of-state visitors. Upon substantiation that the visitor(s) resides out-of-state and is in California for a temporary stay of 30 days or less, and the visitor(s) has not visited with the particular inmate for four months. No more than two such visits shall be permitted for each such occurrence.
(B) Excessive distance. When a visitor must travel a distance of 250 miles or more, and has not visited the inmate within the last 30 days.
(C) Weddings. When an inmate marries, the inmate may, with five working days prior approval, use ETO for a visit on the wedding day.
(D) Handicapped. When a visitor is handicapped as defined by California law and must rely on special transportation to the institution. Approval is required five working days prior to the visit.
(E) Family emergencies. When death, serious illness or injury occurs to an inmate's immediate family member as defined in Section 3000, clergymen, family members or close friends may visit the inmate to offer condolences or inform the inmate of the occurrence.
(F) Infrequent visits. When a visitor unexpectedly arrives who has not visited in the last six months, the visit will be considered an infrequent visit.
(G) Visiting during authorized absence. An inmate shall be permitted to visit using ETO during approved periods away from assignment involving circumstances beyond the inmate's control. (Refer to section 3045.3 of these regulations.)
(H) Work assignment conflicts. When the inmate has not received a visit in the last 30 days and would otherwise be prohibited from visiting because of a conflict in work, training, or education assignment.
(3) Temporary community leave.
(4) Attendance at approved religious services or approved religious functions. For routine religious services, the use of ETO shall be limited to instances where it is unduly burdensome to change the conflicting work/education assignment.
(5) Non-routine recreation and entertainment activities.
(6) Emergency telephone access.
(e) Excused time off applies only to authorized time away from an assignment.
(f) An inmate shall receive pay only for actual hours worked, and not for excused time off.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2620, 2621, 2931, 2933 and 5054, Penal Code.
HISTORY
1. New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Repealer and new section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 ordered transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. Amendment of subsection (c), repealer and new subsection (e) and new subsection (i) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
8. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Renumbering of former section 3045 to section 3045.2 and amendment of subsections (b) and (f) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
11. Change without regulatory effect amending subsection (e)(2)(G) filed 11-27-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 48).
12. Amendment of subsection (e)(2)(F) and new subsection (e)(2)(H) filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
13. Amendment of subsection (a), repealer of subsections (b), (f) and (g), subsection relettering and amendment of newly designated subsections (b)-(d) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
14. Amendment of subsection (d)(2)(E) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
15. Repealer and new subsection (d)(4) filed 10-14-2009; operative 11-13-2009 (Register 2009, No. 42).
16. Amendment of subsections (a), (c) and (e) filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 1-25-2010 order, including further amendment of subsection (a), transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
Note • History
(a) “S” time shall be noted on timekeeping documents for an authorized absence from the inmate's assignment by order of the prison administration. The inmate shall receive sentence-reducing credit commensurate with their designated work group. Inmates who are removed from their assignment for the reasons noted below, shall retain their existing work group status unless otherwise impacted by a classification committee or disciplinary action.
(b) “S” time shall be authorized only for the following:
(1) Institutional lockdown or modified program.
(2) Emergency recall.
(3) Attorney visits.
(4) Fog or inclement weather conditions.
(5) Work/training supervisor's absence when no relief supervisor is provided.
(6) Removed to out-to-court status.
(7) Three working days prior to transfer to another institution.
(8) Ten working days prior to parole or discharge, including institution base camps. Conservation camp inmates shall receive 15 days “S” time prior to release.
(9) Thirty working days prior to parole or discharge of an inmate serving a term in another jurisdiction.
(10) Appearances at classification hearings or casework interviews which cannot be reasonably conducted during the inmate's off-duty hours.
(11) Staff interviews with inmates regarding a death or emergency involving a member of their immediate family as defined in section 3000.
(12) Emergency or life-threatening medical or dental treatment.
(13) A temporary interruption or delay in the inmate's assignment which is no fault of the inmate.
(14) Medical consultant appointments with other than state employees.
(15) Inmate match job development and initial screening interview.
(16) Board of Prison Terms' hearings.
(17) Interviews with representatives of other governmental agencies.
(18) Delay in reporting to an assignment because of delayed meal schedule, unlocks, and clearing of the institutional count.
(19) Interview for staff preparation of a Penal Code Section 1170(d) report to the court.
(20) Temporary leave processing for a family emergency.
(21) A serious disciplinary hearing if overtime would be required for a staff witness to attend the hearing.
(22) Authorizations for any reason not listed in this section shall be considered on a case-by-case basis and require approval of the secretary or their designee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 673, 1170, 2690, 2933, 2933.05, 2933.6 and 5054, Penal Code.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section 3045.3 filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
9. Amendment of subsections (a) and (b), repealer of subsection (b)(4), subsection renumbering and amendment of newly designated subsection (b)(22) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
10. Amendment of subsections (a), (b)(13) and (b)(18) and Note filed 1-25-2010 as an emergency; operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-23-2010 and filed 8-4-2010 (Register 2010, No. 32).
12. Amendment of subsection (b)(1) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
§3046. Workers' Compensation for Inmates.
Note • History
Inmates are eligible for workers' compensation benefits for injuries sustained while performing assigned work while imprisoned. They are not eligible for benefits for injuries resulting from an assault in which the inmate was found to be the aggressor; an intentional act of self-inflicted injury; nor injuries sustained while assigned to academic and vocational education programs. The department is not liable for injuries sustained while a person is on parole or escape status.
(a) Inmates should immediately report any injury to their supervisor so that prompt medical attention can be given if needed, and for the supervisor's information and initiation of necessary reports.
(b) Inmates will have access to, and be given a copy upon request, of the department's guidelines covering workers' compensation for inmates. Such guidelines will be available at each institution's inmate assignment office or the office of the official responsible for inmate assignments; the inmate law libraries; each camp; and at or near the inmate's work location through the inmate's work supervisor.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601(i), 5054 and 5069, Penal Code; and Sections 3370 and 3351, Labor Code.
HISTORY
1. New section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 78, No. 33.
§3047. Unemployment Compensation and Disability Benefits. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Sections 1480-1481, Unemployment Insurance Code.
HISTORY
1. New section filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8). For prior history, see Register 78, No. 33.
2. Change without regulatory effect repealing Section 3047 (Register 87, No. 24).
Article 4. Food Services
Note • History
(a) Each inmate shall be provided a wholesome, nutritionally balanced diet. Nutrition levels shall meet the Recommended Dietary Allowances and Dietary Reference Intakes as established by the Food and Nutrition Board of the Institute of Medicine, National Academy of Science.
(1) Inmates confined in segregated housing shall be served food representative of that being served to general population inmates. Food shall not be withheld nor standard menu varied as a disciplinary sanction for any inmate.
(2) Inmates shall be provided three meals each day, two of which shall be served hot. Variations to the two hot meals per day requirement may be allowed to accommodate religious observances, religious meal programs, and institution emergencies. The breakfast meal shall be served not more than 14 hours following the previous day's evening meal.
(3) Pregnant inmates shall receive two extra eight ounce cartons of milk or a calcium supplement if lactose intolerant, two extra servings of fresh fruit, and two extra servings of fresh vegetables daily. A physician may order additional nutrients as necessary.
(b) Facility menus shall be prepared at least one week in advance and posted in locations accessible to all general population inmates. Inmates in segregation housing shall, upon request, be provided a weekly menu.
NOTE
Authority cited; Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Amendment of article heading and section filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of History 2. (Register 92, No. 4).
5. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
6. Amendment of subsection (a)(2) filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
7. Amendment of subsection (a) and new subsection (a)(3) filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
§3051. Use of Pork or Pork Derivatives.
Note • History
(a) Pork or Pork derivatives may be part of meals within camp settings outside Institutions.
(b) Each menu food item containing pork or prepared in or seasoned with a pork derivative (including use of a shortening containing a pork product) shall be identified on the menu with a “P”. Unless it can be determined with certainty that a food item does not contain pork or a pork derivative, that item shall be identified with an asterisk (*). A pork-free protein alternate shall be offered to those inmates who do not eat pork because of religious reasons.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and 5054, Penal Code.
HISTORY
1. Amendment of section filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of subsection (c) (Register 95, No. 42).
4. Amendment of section and Note filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
§3052. Health and Safety Standards.
Note • History
(a) Standards for sanitation shall meet the requirements set forth in Health and Safety Code (H&SC) Sections 113945 through 114259.4 (California Retail Food Code (CFC)).
(b) An inspection of the food service area of each institution/camp shall be conducted at least once a year by the Department Food Administrator, Central Office, and/or a Department of Health Services' Environmental Health Specialist.
(c) The institution head or their designee shall conduct sanitation inspections of the institution/camp kitchens at least once a month to ensure compliance with the standards set forth in this section.
(d) Cooks and culinary officers shall conduct daily sanitation inspections of all workers who handle food to ensure cleanliness, proper attire, and the absence of open sores or any condition that may contaminate food.
(e) No person shall be assigned to handle food until instructed on the standards for sanitation as set forth in CFC, and on all requirements of this section.
(f) Food handlers shall keep their hands and fingernails clean, wear nets or caps entirely covering their hair and/or facial hair, wear clean garments, and conform to and comply with CFC. A hand washing requirement sign shall be posted in each restroom used by on-duty food service workers.
(g) No inmate shall be assigned to the food service area until medically cleared to handle food.
(h) An inmate food handler with any condition which may contaminate food shall be referred to the medical department for examination and shall not return to work in the food service area until medically cleared.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 113945 through 114259.4, Health and Safety Code.
HISTORY
1. Amendment of section filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading, section and Note filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
4. Amendment of subsections (a)-(c) and (e)-(f) and Note filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
5. Change without regulatory effect amending subsections (a), (e) and (f) and amending Note filed 12-18-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 51).
6. Amendment of subsection (f) filed 12-22-2011; operative 1-21-2012 (Register 2011, No. 51).
§3053. Food for Religious Events.
Note • History
(a) Inmate religious groups shall not be permitted more than two events each year where foods with religious significance are provided by the institution in place of the regularly planned meal. These event meals must be approved and sponsored by a Chaplain. For the purposes of this article, Chaplain means a local Institution Chaplain, or their designee representing the religious group.
(b) A Chaplain shall decide the two religious events when religious meals are provided. The religious group's request for ceremonial foods shall be directed to the institution head, or designee by the Chaplain at least 30 days, but no more than 90 days before the event, and shall include the following:
(1) Date and location of the event.
(2) Proposed menu.
(3) Number of inmates and/or guests to be served.
(4) Specific ceremonial foods.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3053 to section 3055 and adoption of new section 3053 filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading and section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
4. Change without regulatory effect amending subsection (b)(3) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
§3054. Religious Diet Program.
Note • History
(a) Each institution shall make reasonable efforts, as required by law, to accommodate those inmates who have been determined, pursuant to CCR, Title 15, subsection 3054.4(b)(1), to require a religious diet.
(b) Each institution shall provide ongoing religious awareness training for custody and food service staff, and anyone involved in the Religious Diet Program.
(c) Within an institution, religious meals shall not be restricted from inmates, based on their classification or housing placement. Inmates who are transferred shall have the ability to continue participating in their current Religious Diet Program at the receiving institution, barring medical needs or other extraordinary circumstances.
(d) Medical diets shall take precedence over religious diets.
(e) There shall be at least three distinct religious diet options:
(1) Vegetarian.
(2) Jewish kosher.
(3) Religious meat alternate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY
1. New section filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of History Note 1 (Register 95, No. 9).
4. Renumbering of former section 3054 to new section 3056 and new section filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
5. Amendment of section heading, section and Note filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
6. Amendment of subsections (a), (c) and (e) and new subsection (e)(3) filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
Note • History
Vegetarian meals shall be available at all institutions. Inmates with determined religious, personal, or ethical dietary needs and showing a CDCR Form 3030-B (09/05), Religious Diet Card, which is incorporated by reference, shall be provided with an approved vegetarian protein alternative(s), often from that same day's scheduled meal.
NOTE
Authority cited: Sections 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Change without regulatory effect amending section filed 12-18-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 51).
3. Amendment section heading and section filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
Note • History
(a) Jewish kosher meals shall be available at designated institutions. Jewish inmates may participate in the program, as determined by a Jewish Chaplain.
(b) Jewish inmates with unmet kosher dietary needs may, when classification is appropriate, be considered for transfer to another institution that can provide the Jewish inmate with a kosher diet.
(c) Jewish inmates shall not give away, trade, or sell a sack meal. Doing so may result in a compliance violation of the Religious Diet Program Agreement.
(d) All institutions will adhere to standardized departmental Jewish kosher diet program menus and approved procedures for purchasing, preparing, and serving kosher meals.
(e) Observance of Passover constitutes a single religious event, requiring kosher for Passover foods to be provided during the eight days of observance.
(f) Each institution shall arrange for ongoing and appropriate training for all inmate workers, and custody and food service employees involved in the supervising, ordering, preparation, and serving of kosher meals.
(g) The Jewish kosher diet program shall be administered in accordance with the provisions of this Article. A Jewish Chaplain shall:
(1) Determine inmate entry into the Jewish kosher diet program, oversee the program, and determine Jewish inmate compliance violations.
(2) Review each institution's Jewish kosher diet program annually and provide results of the review to the Correctional Food Manager (CFM).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Amendment of subsection (g)(2) filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
§3054.3. Religious Meat Alternate Program.
Note • History
(a) Religious meat alternates (meat that has been certified as halal) shall be available at all institutions. Muslim inmates may participate in the program, as determined by a Muslim Chaplain or designee Chaplain. Non-Muslim inmates with a religious dietary need may seek participation in the program by submitting to any appropriate Chaplain a CDCR Form 3030 (Rev. 08/09), Religious Diet Request, which is incorporated by reference, for determination by the Religious Review Committee (RRC).
(b) All institutions will adhere to standardized departmental halal meat alternates, and approved procedures for procuring and serving halal meats.
(c) Each institution shall arrange for ongoing and appropriate training for all inmate workers, custody, and food service employees involved in the supervising, ordering, and serving of halal meats.
(d) The religious meat alternate program shall be administered in accordance with the provisions of this Article. A designee Chaplain shall:
(1) Oversee the program and determine inmate compliance violations.
(2) Review each institution's religious meat alternate program annually and provide results of the review to the Correctional Food Manager (CFM).
NOTE
Authority cited: Sections 5058, Penal Code. Reference: Sections 383b, 383c, 5009 and 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Renumbering of former section 3054.3 to section 3054.4 and new section 3054.3 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
§3054.4. Participation in a Religious Diet Program.
Note • History
(a) Any inmate who claims to require a religious diet shall be responsible for completing a CDCR Form 3030, Religious Diet Request, and submitting it to the appropriate institution's Chaplain. No more than 30 calendar days shall pass from the day the Chaplain receives the completed CDCR Form 3030, Religious Diet Request, which results in a determination of program eligibility, to the day an accepted inmate begins receiving the religious meals requested.
(b) The Chaplain shall:
(1) Interview the inmate to explain the three religious diet options, including what the meals consist of.
(2) Determine the inmate's religious diet eligibility, except that the RRC shall determine the eligibility of a non-Muslim inmate to participate in the religious meat alternate program. When a non-Muslim inmate seeks the religious meat alternate program, the Chaplain shall forward the CDCR Form 3030, Religious Diet Request, to the RRC for consideration.
(3) When religious diet program eligibility is determined, explain the department's Religious Diet Program Agreement.
(4) When applicable, have the inmate sign the CDCR Form 3030-A (Rev. 08/09), Religious Diet Program Agreement, which is incorporated by reference, the CDCR Form 3030, Religious Diet Request, and the CDCR Form 3030-D (Rev. 08/09), Religious Diet Program Cancellation Request, which is incorporated by reference. Document an inmate's refusal to sign any religious diet departmental forms.
(5) Complete and distribute the CDCR Form 3030, Religious Diet Request and/or the CDCR Form 3030-A, Religious Diet Program Agreement, within two working days.
(6) Notify the inmate of the decision in writing by copy of their CDCR Form 3030, Religious Diet Request.
(7) Enter pertinent information for each inmate approved to participate in a religious diet program onto a religious diet participant list within 24 hours of approval. Maintain, update the list every 30 days, and provide the CFM with a copy of the list of those inmates who have been determined eligible to receive a religious diet, and which diet they will receive.
(8) Regularly monitor the religious diet lists with Food Service staff to ensure that all inmate religious diet program participants are served their religious dietary meals with minimal delay.
(9) Coordinate with the CFM to determine which dining area will provide the inmate his/her meals.
(10) Provide each approved inmate with a CDCR Form 3030-B, Religious Diet Card. Collect Religious Diet Cards that are no longer valid.
(11) Meet with inmates, giving them the opportunity to respond to allegation(s) of Religious Diet Program Agreement compliance violations, prior to making a determination of continuing eligibility.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 383b, 5009 and 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Renumbering of former section 3054.4 to section 3054.5 and renumbering and amendment of section 3054.3 to section 3054.4 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
§3054.5. Monitoring for Religious Diet Program Inmate Compliance.
Note • History
Any incident of an alleged inmate Religious Diet Program Agreement compliance violation shall be reported using CDC Form 128-B, General Chrono, citing CCR, Title 15, section 3054. All reports shall be sent to the appropriate Chaplain, who shall consult with the inmate, make the final determination of continuing eligibility, and complete a CDCR Form 3030-C (09/05), Religious Diet Program Agreement-Notice of Non-Compliance, which is incorporated by reference. A copy of the completed CDCR Form 3030-C shall be provided to the inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Renumbering of former section 3054.5 to section 3054.6 and renumbering of section 3054.4 to section 3054.5 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
§3054.6. Meals Served to Non-Inmates.
Note • History
The meal charge for state employees and persons other than official guests in state-operated dining rooms maintained and operated for inmates shall be $1.00 plus sales tax. The meal charge for institution-operated employee dining rooms shall be in accordance with this article.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 17).
2. Renumbering of former section 3054.6 to section 3054.7 and renumbering and amendment of section 3054.5 to section 3054.6 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
§3054.7. Reimbursement for State Purchased Food.
Note • History
Outside guests attending inmate banquets, luncheons, or other special events where state-purchased food is provided shall be charged a minimum of $1.00 plus sales tax per meal, per guest. Funds collected in excess of $1.00 plus sales tax, for the event shall be accompanied by a statement, signed by a non-inmate representative of the group, which reads: “We donate the sum of $_________ to the Inmate Welfare Fund.” If the cost of the meals exceeds the allowance of $1.00 per meal, an additional charge to the inmate group's trust account shall be made in accordance with this article.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3054.6 to new section 3054.7 filed 2-2-2010; operative 2-2-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 6).
Note • History
Inmates shall not steal, waste, or contaminate food or equipment used in preparing, processing or serving food. Inmates shall not remove any food from the dining room, kitchen, or food storage areas except as specifically authorized by facility staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3053 to section 3055 filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
§3056. Meals Served to Non-Inmates.
Note • History
Guests at an inmate banquet, luncheon or other special event shall be charged for state-purchased food. If funds collected from guests for a meal are not the same as the allowed cost per meal, any excess shall be donated to the Inmate Welfare Fund; any deficiency shall be charged to the inmate group's trust account.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 19822, Government Code.
HISTORY
1. Renumbering of former section 3054 to new section 3056 filed 9-12-95; operative 10-12-95 (Register 95, No. 37).
Article 5. Personal Cleanliness
Institutions will provide the means for all inmates to keep themselves and their living quarters clean and to practice good health habits.
Comment: Former DP-1501, policy, general.
Inmates must keep themselves clean, and practice those health habits essential to the maintenance of physical and mental well-being.
Comment: Former DR-1501, personal hygiene.
§3062. Inmate Grooming Standards.
Note • History
(a) An inmate's hair and facial hair shall be clean, neatly styled, and groomed, as specified in these regulations, when he/she is away from the immediate area of his/her quarters.
(b) An inmate's hair and facial hair shall have no lettering, numbering, or designs of any kind cut, shaved, dyed, painted or in any way placed in the hair or on the scalp or face of the inmate.
(c) An inmate shall not alter the appearance of his/her hair or facial hair by changing its natural color.
(d) An inmate shall not possess a wig or hairpiece unless deemed medically necessary by the Chief Medical Officer and authorized, in writing, by the appropriate division of adult institutions' associate director.
(e) An inmate's hair or facial hair may be any length but the inmate's hair shall not extend over the eyebrows or cover the inmate's face. The hair and/or facial hair shall not pose a health and safety risk. If hair or facial hair is long, it shall be worn in a neat, plain style, which does not draw undue attention to the inmate.
(f) An inmate may possess and use approved hair and/or facial hair holding devices based on Section 3190.
(g) An inmate with hair/facial hair styles, including but not limited to braids, cornrows, ponytails, or dreadlocks, shall be required to unbraid, undo, or take down their hair, as applicable for thorough inspections, as instructed by custody staff to ensure hair and/or facial hair is free of contraband.
(h) Facial hair, including beards, mustaches, and sideburns are permitted for male inmates and shall be maintained in a manner as defined in this section.
(i) An inmate who is assigned to work in food preparation, processing or serving areas, and/or around machinery, or in high fire hazard areas, may be required, for safety and sanitation reasons, to further limit his/her grooming in order to properly wear such health and safety equipment as is deemed necessary by staff, including but not limited to, hair nets, safety head coverings, etc.
(j) An inmate's fingernails shall not extend more than 1/4 inch beyond the tips of the fingers. Nails shall be neat and clean. Female inmates may be permitted to wear only clear nail polish.
(k) An inmate may not pierce any part of his/her body for the purpose of wearing an earring or other jewelry. A male inmate may not possess or wear earrings. A female inmate may wear authorized earrings with only one matching earring worn in each ear. An inmate shall not possess or wear any type of jewelry or other object intended to be worn as a body piercing adornment.
(l) A female inmate may wear cosmetics that blend with or match the natural, non-ruddy skin tone. False eyelashes are not permitted.
(m) An inmate who fails to comply with these grooming standards may be deemed a program failure, pursuant to Section 3062, subject to progressive discipline and classification committee review for appropriate housing and program placement. Physical force shall not be used to enforce compliance with these regulations, except as permitted by existing law or with a court order.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sukhjinder S. Basra v. Matthew Cate, Case No.: CV11-01676 SVW(FMOx), June 2011, Warsoldier v. Woodford, Case No.: 04-55879, DC No. CV-04-02233-RSWL, (July 2005); and In re Corey Williams, Case No.: SC133840A, (February 2004).
HISTORY
1. Amendment of section heading and section and new Note filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (e) (Register 98, No. 19).
3. Certificate of Compliance as to 10-16-97 order, including amendment of subsection (m) and relocation and amendment of definition of “Program failure” from section 3000 to new subsection (n), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
4. Amendment of subsection (h)(2) filed 8-25-2000; operative 9-24-2000 (Register 2000, No. 34).
5. Repealer of subsection (n) filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
6. Repealer of subsection (n) refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
8. Amendment of section and Note filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
10. Amendment of subsections (a)-(c) and (e)-(h) and amendment of Note filed 12-22-2011; operative 1-21-2012 (Register 2011, No. 51).
Note • History
Inmates shall not tattoo themselves or others, and shall not permit tattoos to be placed on themselves. Inmates shall not remove or permit removal of tattoos from themselves or others.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 653 and 2082, Penal Code.
HISTORY
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
. 2.. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment filed 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of section transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
Inmates must keep their quarters and surroundings neat, clean and sanitary. Inmates may not alter their quarters or equipment without specific authorization to do so.
Comment: Former DR-1504, care of quarters.
Article 6. Camp Assignment [Repealed]
HISTORY
1. Repealer of article 6 (sections 3070-3073) and section filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
Article 6.1. Alternative Sentencing Program [Repealed]
§3074. Alternative Sentencing Program Establishment. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1173, et seq. and 5054, Penal Code; Chapter 1063, Statutes of 1992, Section 4.
HISTORY
1. New article heading and section filed 10-30-92 as an emergency; operative 10-30-92 (Register 92, No. 44). A Certificate of Compliance must be transmitted to OAL 3-1-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-30-92 order transmitted to OAL 2-9-93 and filed 3-12-93 (Register 93, No. 11).
3. Repealer filed 1-8-2002; operative 2-7-2002 (Register 2002, No. 2).
Article 6.3. The Family Foundations Program
§3074.3. The Family Foundations Program.
Note • History
(a) The Family Foundations Program (FFP) is a 12-month residential substance abuse treatment program for pregnant and/or parenting female inmates who have been determined by the court to benefit from participation, recommended by the court for placement, and are accepted by the Department to participate. Female inmates in the program will be placed in a Family Foundations facility in the community as an alternative to serving their prison term in a State prison institution.
(b) Eligibility. To be eligible, a female inmate shall be sentenced to serve a term of not more than 36 months and be recommended by the court to participate, must have an established history of substance abuse, and be either pregnant or the parent of a child under the age of six years. Medical/dental and mental health evaluations shall be performed prior to placement to determine the existence of health care conditions that would affect participation in the program or require a reasonable accommodation be provided to the participant.
(c) Ineligibility. Female inmates who have been convicted of violent crimes and other offenses enumerated in Penal Code section 1174.4 are excluded from the program. In addition, a woman is ineligible for the program if she has an active or potential United States Immigration and Naturalization hold, felony hold; her child is a dependent of the court and it has been determined by the representative of the appropriate county agency that it is not in the best interest of the child; she is determined by the Department to pose an unreasonable risk to the public; a staff physician or psychiatrist has determined that the inmate's medical or psychiatric condition is likely to cause an adverse effect upon the inmate or upon other persons if the inmate is placed in the program; or she is not willing to sign a CDC Form 1890, Voluntary Placement Agreement, (4/99), which is incorporated by reference, and outlines the obligations and responsibilities of program participants.
(d) Credit earnings and losses, including pre-sentence, behavioral, participation and work time credits shall not be applied while a woman is in the program. Participants who fail to complete the 12-month residential program shall have credit earnings and losses applied for time served in the program. Participants who fail the program for reasons identified in (e) below, shall be delivered to State prison where they shall serve the remainder of their original sentences. A classification committee hearing shall precede a participant's delivery to State prison.
(e) Adverse reasons for failure to complete the program include:
(1) Program participant fails to participate in programming activities; or,
(2) Program participant fails to comply with facility rules as presented in orientation; or,
(3) Program participant fails to participate in vocational/educational activities; or,
(4) Program participant fails urinalysis/drug or alcohol testing; or,
(5) Program participant demonstrates violent or disruptive behavior.
(f) Program participants may be removed from the program because of a health care condition that cannot be adequately managed in the FFP facility. Behavioral credit loss shall not be applied in such cases.
(g) Individualized treatment plans shall be developed for each participant and her child. The treatment plan shall be formulated as a result of an individual assessment performed by a program counselor. Each plan shall address the specific treatment needs of the participant and child including the treatment needs necessary for transitioning the participant to parole and/or another treatment program, and shall describe treatment goals for both mother and child and specific activities and services to achieve these goals. Changes to this plan may occur throughout the course of treatment and must be relevant to the participant's progress toward treatment goals. Individualized treatment plans shall address a full range of problems including those directly and indirectly related to:
(1) Substance abuse.
(2) Physical and mental health.
(3) Social services.
(4) Parenting skills.
(5) Vocational and educational skills.
(6) Long-term treatment goals.
(7) Treatment methods and resources.
(h) Early childhood care and development plans shall be developed for each child and shall address issues including, but not limited to:
(1) Immunizations and communicable diseases.
(2) Pediatric medical care.
(3) Nutrition.
(4) Psychological interventions.
(5) Communication skills.
(6) Motor skill development.
(7) Play therapies.
(i) Each participant shall be provided all of the following:
(1) Intensive substance abuse education classes and relapse prevention counseling.
(2) Classes, as appropriate, on topics such as domestic violence, incest survivors, family relationships, co-dependency, living with AIDS, child custody issues, and legal issues.
(3) Individual counseling sessions.
(4) Group counseling.
(5) HIV-AIDS counseling for pre- and post-HIV testing.
(6) Classes on parenting skills.
(7) Early childhood care and development services.
(8) Educational, vocational, and life skills training.
(9) Medically necessary health services pursuant to section 3350 et seq.
(j) Each participant shall be assigned a case manager and casework team, comprised of a social worker, facility manager, counselor, child development specialist, child care worker, nurse, and departmental custody staff person. The casework team will manage the participant's intake, orientation and treatment program for the duration of the 12 months.
(k) Transition planning for the participant's release from the facility to parole, shall begin in the first six months of the program with a written Transition Services Plan for each participant to be developed no later than the seventh month. Each participant's Transition Services Plan shall be initiated after nine months of participation in the program. Transition Services Plans shall consist of, but are not limited to, transitional housing, job placement or assistance, identification of available social services, etc.
(l) An outpatient transitional services program shall be developed for each participant and shall include a twelve month period of intensive parole supervision pursuant to Penal Code Section 1174.2.
(m) The FFP shall maintain a zero tolerance for drugs and/or alcohol use. Frequent and random urine testing shall be conducted to detect any illegal drug use.
(n) Each facility shall maintain a library containing a variety of reference, fiction, self-help and children's books for use by participants and their children.
(o) Facilities shall accommodate requests for voluntary participation in religious programs.
(p) Facilities shall post visiting hours and conditions in English and Spanish and maintain a weekly visiting schedule for six hours on Saturday and six hours on Sunday of each week.
NOTE
Authority cited: Sections 1174.8(a) and 5058, Penal Code. Reference: Sections 1174-1174.9 and 5054, Penal Code.
HISTORY
1. New article 6.3 (section 3074.3) and section filed 8-18-99 as an emergency; operative 8-18-99 (Register 99, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-25-2000 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-99 order, including further amendment of subsection (l) and Note, transmitted to OAL 12-2-99 and filed 1-13-2000 (Register 2000, No. 2).
Article 6.5. Intake, Release and Discharge of Inmates
Note • History
(a) Inmates received by the department shall be accompanied by either a copy of the minute order or an abstract of the judgment certified by the clerk of the court or judge. The inmate's identity shall be verified by staff to prevent inadvertent acceptance of a person not legally committed to the department.
(b) Upon staff's receipt of an inmate's cash, personal securities and property, a CDC Form 104 (Rev. 4/77), Inmate Property and Cash Receipt -- Arrival, shall be completed.
(c) Each inmate shall be photographed and an identification card prepared. The identification photo shall be updated every five years or when there is a distinct change in the inmate's physical appearance. An inmate who noticeably changes his/her appearance will be charged for the cost of the updated identification photo/card, if the distinct change occurs anytime within the five year period.
(d) Each inmate shall be informed of the departmental grooming standards and afforded an opportunity to comply prior to being photographed. Each inmate will be advised that failure to comply with departmental grooming standards may result in the issuance of an administrative rule violation report and that a repeated pattern of administrative rule violations, may result in the inmate being deemed a program failure pursuant to Section 3000. The processing officer will document on a CDC 128-B, General Chrono, the inmate's refusal to comply with the departmental grooming standards. The CDC 128-B will be forwarded to records for the inmate's initial classification committee review.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1216, 2081.5, 2901, 3058.5, 4537 and 5054, Penal Code.
HISTORY
1. Article 6.5 heading and new section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order including amendment of Note transmitted to OAL 4-15-92 and filed 5-28-92 (Register 92, No. 22).
3. New subsection (d) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-16-97 order, including further amendment of subsection (d), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
5. Amendment of subsection (c) filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (d) filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
7. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
Note • History
(a) A CDC Form 188-L (Rev. 3/89), Cumulative Case Summary, shall be prepared for each inmate committed to the department and shall include:
(1) CDC Form 188, Legal Status Summary.
(2) CDC Form 112 (Rev. 9/83), Chronological History.
(3) CDC Form 174 (Rev. 3/87), Probation Officer's Report (POR).
(4) Criminal Identification and Investigation (CI&I) Report.
(5) A psychiatric/psychological evaluation, when completed pursuant to (c) below.
(6) The Institutional Staff Recommendation Summary (ISRS) described in (h), below.
(7) CDC Form 816 (Rev. 02/03), Reception Center Readmission Summary.
(8) A summary of the inmate's social factors regarding the inmate's: religion; driver's license number; social security number; and the names, birthdays, addresses and occupations of parents and siblings; dates and status of marriages; names, birthdays and custody of children; and family arrest history.
(b) Information affecting an inmate's conditions of confinement or parole and sentence shall be solicited from sources outside the department, with or without the inmate's consent, and shall include California Youth Authority commitment history within the last five years and history of any federal, state or local commitment.
(c) A psychiatric or psychological evaluation shall be prepared for each inmate whose behavior or background information causes staff to believe a serious mental problem may exist.
(d) Casework information and documents important to the placement and supervision of the inmate shall include:
(1) CDC Form 127 (Rev. 5/00), Notification in Case of Inmate Death, Serious Injury, or Serious Illness.
(2) CDC Form 128-O (8/92), Document Receipt.
(3) CDC Form 345 (Rev. 5/95), Authorization for the Director to Maintain Trust Account.
(e) All questionable information shall be verified to the extent possible.
(f) Information obtained from other documents shall indicate the source. Unverified information affecting an inmate's conditions of confinement or parole and sentence shall be noted as unverified.
(g) Each inmate shall before initial classification be provided a copy of their CDC Form 188-L from which the CI&I Report and CDC Form 112 have been removed.
(h) An ISRS shall be prepared for each person committed with or returned as a parole violator with a new life term.
(1) The ISRS shall state the sources of information used and summarize the inmate's history of or status concerning: type of confidential information on file; holds or detainers; medical and dental requirements or limitations; results of a psychiatric or psychological referral; work experiences and skills; narcotics, drugs and alcohol use; escapes; arson offenses; sex-related offenses; academic and vocational needs or interests; necessary casework follow-up; the counselor's evaluation of the inmate; reentry plans if the inmate has six months or less to release; classification score and custody designation suffix; community correctional facility eligibility; and recommended facility placement.
(2) An ISRS prepared for a Penal Code section 1203.03 (referred to as a presentence diagnostic) case shall:
(A) Address the inmate's past criminal behavior.
(B) Include in the counselor's evaluation of the inmate a sentencing recommendation to the court.
(C) If the court commits the inmate to the department, include a supplemental report of any changes affecting the inmate's conditions of confinement or parole and sentence since the presentence summary and a recommended facility placement.
(i) A CDC Form 816, Reception Center Readmission Summary, shall be completed for parole violators who are returned to custody with new terms other than a life sentence.
(j) Information affecting an inmate's conditions of confinement or parole and sentence and received after completion of the ISRS or CDC Form 816 shall be incorporated into the inmate's file.
(1) If the information is received after a transfer recommendation endorsement, or the nature of the information indicates a proposed classification action inappropriate, the case shall be referred to a classification committee for reconsideration.
(2) Information received after the inmate has been transferred shall be forwarded to the inmate's new facility.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1203.01, 1203.03, 2930, 3002, 5054, and 5068, Penal Code.
HISTORY
1. New section filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
2. Change without regulatory effect amending subsection (d)(3) and adding new form filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).
3. Amendment of subsections (a), (a)(2) and (d)(1) filed 8-28-2000; operative 9-27-2000 (Register 2000, No. 35).
4. Change without regulatory effect amending subsection (a)(7) filed 8-21-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 34).
Note • History
(a) Day of release. Inmates, except as otherwise provided by applicable law and regulations, shall be released on their scheduled release date. Inmates shall not be retained beyond their discharge date.
(b) Release Instructions.
(1) Notification of registration requirements:
(A) An inmate required to register pursuant to Penal Code sections 290 or 457.1 or Health and Safety Code section 11590 shall be notified of the requirement before being released from custody.
(B) Such inmates shall complete a SS Form 8047, Notice of Registration Requirement, acknowledging notification of the requirement.
(2) Reporting instructions for inmates being released to parole, except for inmates released to non-revocable parole as provided in section 3505:
(A) The CDCR Form 611 (Rev. 8/12), Release Program Study, which is incorporated by reference; CDCR Form 1515 (Rev. 07/12), Notice and Conditions of Parole, which is incorporated by reference; CDCR Form 1570 (Rev. 1/06), Guidelines for Parole, which is incorporated by reference; and reporting instructions shall be explained to the inmate at least 45 days before their scheduled release to parole or, if less than 45 days remain as a result of a change in the inmate's legal status, as soon as possible.
(B) The CDCR Form 611 shall specify a date, time, place and official to whom a newly released inmate shall report.
(C) Authorized delay in reporting. Any delay in reporting shall be in writing. The assigned parole agent may authorize a delay in reporting of no more than seven days from the parolee's scheduled reporting date. A delay of more than seven days shall require the authorization of a unit supervisor or higher staff. Parolees designated as high control cases shall not be granted a delay in reporting to their assigned parole agent.
(3) Notice and conditions of parole requirements, except for inmates released to non-revocable parole.
(A) The CDC Form 1515 shall be interpreted or otherwise communicated to any parolee who does not understand or read English.
(B) A unit supervisor or higher level staff may place an inmate or parolee refusing to sign the CDC Form 1515 into custody pending a revocation hearing.
(C) Any special conditions of parole imposed by the department shall be related to the inmate's commitment offense or to conduct that may reasonably lead to future criminal behavior.
(D) When a department-imposed special condition no longer applies to a parolee, a unit supervisor or higher level staff may remove or modify any but the following department-imposed special conditions:
1. A prohibition on the use of alcoholic beverages pursuant to Penal Code section 3053.5 and 15 CCR 3901.9.4(b).
2. A requirement to participate in psychiatric treatment, unless parole outpatient clinic staff have recommended, in writing, that the treatment be discontinued.
(E) Within five days after verbally requiring or prohibiting specific behavior of a parolee, staff shall give the parolee written confirmation of such instructions.
(4) Notice of non-revocable parole requirements:
(A) Inmates who are approved for non-revocable parole shall have a CDCR Form 1515-A (01/10), Notification of Non-Revocable Parole Requirements, which is incorporated by reference, effectively communicated to them at least 45 days prior to their scheduled release to parole, or as soon as possible if less than 45 days prior to release remain. The CDCR Form 1515-A shall document the offender's understanding of requirements including, but not limited to, the following:
(1) Return to the county of last legal residence prior to incarceration pursuant to Penal Code 3003(a).
(2) Obligation to register with local law enforcement as ordered by law.
(3) Obligation to pay outstanding restitution balances while on non-revocable parole.
(4) Search and seizure requirements pursuant to Penal Code section 3067.
(B) Inmates and parolees who refuse to sign the CDCR Form 1515-A shall be denied non-revocable parole pursuant to the provisions of Penal Code section 3000.03.
(C) Parolees on non-revocable parole are not assigned to a parole agent and have no requirement to report to a parole office upon release.
(5) Reporting instructions and notice of conditions of release for inmates released to Postrelease Community Supervision as provided in section 3079:
(A) The CDCR Form 611 (Rev. 8/12), Release Program Study; and the CDCR Form 1515-CS (Rev. 08/12), Notice and Conditions of Postrelease Community Supervision, which is incorporated by reference, and any additional reporting instructions or conditions received by the supervising county shall be explained to the inmate at least 45 days before their scheduled release date or, if less than 45 days remain as a result of a change in the inmate's legal status, as soon as possible.
(B) The CDCR Form 611 shall specify, at minimum, a place and official to whom a newly released inmate shall report.
(c) Release Clearances.
(1) Before release, an inmate shall be provided a CDC Form 162 (Rev. 1/66), Inmate Release Clearance, to obtain the signature indicating the release clearance of the facility officials as designated thereon, and return the form to the facility's receiving and release office.
(2) The original CDC Form 122 (Rev. 12/85), Property Receipt-Release, which is completed by receiving and release staff, shall be provided to the inmate before release.
(3) At time of release, the inmate shall sign a CDC Form 102 (Rev. 5/92), Release Statement and Clothing Authorization, acknowledging receipt of any cash, checks, and clothing.
(d) Release Allowances. A release allowance is a sum of money intended for the rehabilitative purpose of assisting in an inmate/parolee's reintegration into society, and shall only be provided to an inmate who is released from CDCR facilities to the direct supervision of a parole agent in the community, is placed on non-revocable parole, is released to Postrelease Community Supervision, or is discharged from the jurisdiction of the Department of Corrections and Rehabilitation. Except as stipulated below, inmates with six months or more served on a sentence or parole violation shall be given $200, less the costs of clothing and public transportation provided by the facility in connection with their release. Parolees who willfully abscond shall forfeit any remaining release allowance otherwise due them. Parolees placed in custody and released from county jail as a result of a parole violation are not eligible for CDCR release allowance.
(1) A release allowance shall not be provided to an inmate released to the custody of the federal government or another state unless the inmate is released from custody and available for parole supervision in California or a state under the interstate compact (Article 3 (commencing with Section 11175) and Article 3.5 (commencing with Section 11180) of Chapter 2 of Title 1 of Part 4 of the Penal Code)). Inmates released to the custody and supervision of the U.S. Immigration and Naturalization Service and awaiting a deportation hearing date are not entitled to receive a release allowance.
(2) Inmates who are released to the custody of local law enforcement as a result of a detainer or hold are ineligible to receive a release allowance until the inmate is released from custody to direct parole supervision or Postrelease Community Supervision. This includes a detainer or hold pursuant to commitment proceedings as a sexually violent predator (Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare & Institutions Code)). If the local custody detainer or hold results in a new commitment, the inmate will be ineligible for release funds for the prior prison term(s).
(3) Work furlough inmates:
(A) Work furlough inmates may receive an advance of up to $100 of their release allowance.
(B) A work furlough inmate subject to Penal Code section 1168 and returned to the institution and whose parole date is rescinded shall receive $200 if six months or more has been served since rescission, or up to $200, as determined by the assigned parole agent, if less than six months has been served.
(C) A work furlough inmate subject to Penal Code section 1170 and returned to the institution for administrative reasons shall receive $200 upon release, less any amount previously advanced during work furlough.
(D) Release funds shall not be used to repay facility program costs.
(4) Parole violators returned-to-custody and serving:
(A) Six consecutive months or more shall receive $200.
(B) Less than six consecutive months shall receive $1.10 for each day or fraction thereof in custody or revocation status up to a maximum of $200.
(C) A local concurrent sentence exceeding the Board of Prison Terms' ordered revocation time shall receive funds only upon completion of the local concurrent term and after their release from jail.
(5) California Youth Authority wards confined in department facilities, and released:
(A) Within the state shall be given up to $10 cash in addition to transportation expenses and, if necessary, clothing which shall not exceed $20 in value.
(B) To independent placement may receive no more than $25 cash.
(6) Upon release from a revocation unit, parolees or civil addict parolees shall be provided bus transportation to their residence area plus $10 cash if the distance to their residence is less than 200 miles or $15 cash if such distance is 200 miles or more, if release is for one of the following reasons:
(A) Charges against the parolee were dismissed.
(B) Charges against the parolee were not substantiated.
(C) The parolee was continued on parole and a revocation term was not assessed.
(7) Inmates or parole violators transferred to the custody and supervision of the Department of Mental Health shall not be provided a release allowance until they are released to the community and are either under the direct supervision of a parole agent, or discharged to the community and no longer under the jurisdiction of the Department of Corrections.
(8) Alternative Custody Program (ACP) Participants:
(A) Upon approval by the ACP Program Manager or designee, an ACP Participant may receive an advance of up to $100 of their release allowance upon release and placement to ACP.
(B) An ACP Participant shall receive $200 upon release to parole, less any amount previously advanced.
(e) Transportation Arrangements.
(1) An inmate's transportation upon release shall be arranged by the facility, unless a private party has contacted the facility at least three days before the inmate's scheduled release, has offered to provide transportation, and the facility has approved the arrangement.
(2) Any transportation costs paid by the state shall be deducted from the inmate's release allowance.
NOTE
Authority cited: Sections 2713.1, 3000.03, 5058 and 5058.3, Penal Code. Reference: Sections 290, 457.1, 1168, 1170, 1170.05, 2713.1, 2901, 2962, 3053.5, 3067, 3450, 3452, 3453, 3454, 5054, 11175, 11176 and 11180, Penal Code; Section 11592, Health and Safety Code; and Sections 6601 and 6604, Welfare and Institutions Code.
HISTORY
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsections (d) and (d)(1), new subsections (d)(2) and (d)(7), repealer of subsection (d)(4), subsection renumbering, amendment of newly designated subsection (d)(3)(C) and amendment of Note filed 1-21-2003; operative 2-20-2003 (Register 2003, No. 4).
3. Amendment of section and Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
5. New subsections (d)(8)-(d)(8)(B) and amendment of Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
7. New subsections (d)(8)-(d)(8)(B) and amendment of Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (b)(2)-(b)(2)(B), new subsections (b)(5)-(b)(5)(C) and amendment of subsections (d) and (d)(2) and Note filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
10. New subsections (d)(8)-(d)(8)(B) and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-26-2012 order, including further amendment of subsections (b)(2)(A) and (b)(5)(A), repealer of subsection (b)(5)(C) and amendment of Note, transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
§3075.3. Discharge Certificates.
Note • History
(a) CDCR Form 163 (Rev. 10/06), Certificate of Discharge, which is incorporated by reference, shall be issued to each person who has completed their commitment to the department.
(b) Such certificate shall be issued to the inmate before release and mailed to parolees after their discharge date.
(c) Parolees on non-revocable parole, as provided in section 3505, must submit a written request to the department upon or after their discharge date to receive a CDCR Form 163 (Rev. 10/06), Certificate of Discharge.
(d) Inmates who are discharged due to release to Postrelease Community Supervision shall not be issued discharge certificates.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3000.03, 3450 and 5054, Penal Code.
HISTORY
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsection (a) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
3. New subsection (c) and amendment of Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
5. Amendment of subsection (c), new subsection (d) and amendment of Note filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
§3075.4. Earned Discharge From Parole. [Repealed]
Note • History
NOTE
Authority cited: Section 5058.3, Penal Code. Reference: Sections 667.5(c), 1192.7 and 5054, Penal Code.
HISTORY
1. New section filed 10-1-2007 as an emergency; operative 10-1-2007 (Register 2007, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-10-2008 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-25-2008 as an emergency; operative 2-25-2008 (Register 2008, No. 9). A Certificate of Compliance must be transmitted to OAL by 5-26-2008 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2008, No. 22).
§3076. Recall of Commitment Recommendation Circumstances.
Note • History
(a) The Secretary, or designee, may recommend at any time to the sentencing court the recall of an inmate's commitment pursuant to Penal Code section 1170(d), if the inmate is not sentenced to death, for one or more of the following reasons:
(1) It is evident from the inmate's exceptional behavior that is so extraordinary beyond simply complying with all regulations and procedures during incarceration that they have changed as a person and would be a positive asset to the community.
(2) Information which was not made available to the court in pronouncing the inmate's sentence is brought to the attention of the Secretary, who deems the information would have influenced the sentence imposed by the court.
(3) The Secretary deems that circumstances have changed to the extent that the inmate's continued incarceration is not in the interest of justice.
(b) The Secretary, or designee, may recommend at any time to the sentencing court the recall of an inmate's commitment pursuant to PC section 1170(e), if the inmate is not sentenced to death or to a term of life without the possibility of parole, for one or more of the following reasons:
(1) The inmate is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as determined by a physician employed by the California Department of Corrections and Rehabilitation.
(2) The inmate is permanently medically incapacitated with a medical condition, that renders him or her permanently unable to perform activities of basic daily living, and results in the inmate requiring 24-hour total care, including, but not limited to coma, persistent vegetative state, brain death, ventilator dependency, loss of control of muscular or neurological function, and that incapacitation did not exist at the time of the original sentencing. Activities of basic daily living are breathing, eating, bathing, dressing, transferring, elimination, arm use, or physical ambulation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d), 1170(e) and 5054, Penal Code.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (b) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section and Note filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
§3076.1. Recall of Commitment Recommendation Consideration Factors for Penal Code Section 1170(d).
Note • History
For inmates meeting one or more of the recall eligibility requirements of section 3076(a), the Classification and Parole Representative, shall consider the following factors as may be applicable when recommending recall of commitment consideration for an inmate:
(a) The inmate's commitment offense.
(b) Whether the inmate has a history of affiliation with organized criminal activity, including, but not limited to, any known disruptive group, street gang, prison gang, terrorist group, or racketeering enterprise.
(c) The inmate is or is not designated as a Public Interest Case by the Classification Staff Representative, or their placement has or has not been ordered by the Departmental Review Board because of an unusual threat to the safety of persons or public interest in the inmate's case.
(d) Whether the inmate's prior criminal history includes violent acts against persons pursuant to Penal Code (PC) section 667.5(c) or PC section 1192.7(c), or registerable offenses pursuant to PC section 290.
(e) Whether there exists a documented victim or next of kin of the inmate's commitment offense in the community who would suffer fear from the release of the inmate back into the community.
(f) Whether the inmate's documented institutional behavior reflects a history of offenses involving force, violence, assault, arson or predatory sexual behavior.
(g) Whether the inmate has committed any other criminal acts, either prior to or during the current period of incarceration, that indicate he or she would be a danger to the public if released.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d), 3043 and 5054, Penal Code.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first paragraph and subsection (c) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section heading and section filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. Amendment of subsection (c) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3076.2. Recall of Commitment Processing for Penal Code Section 1170(d).
Note • History
(a) Requests for consideration which are initiated by the facility at any time or by the sentencing court more than 120 days after the date of the inmate's commitment shall be referred to the Classification and Parole Representative (C&PR).
(b) Upon receipt of the request, the C&PR shall consider the factors listed in section 3076.1 and review the inmate's central file to determine if the inmate is sentenced to death.
(1) If the inmate is sentenced to death, the C&PR shall document the reason for the ineligibility on a CDC Form 128-B (Rev. 04/74), General Chrono. The original CDC Form 128-B shall be filed in the inmate's central file and a copy, excluding any confidential material as defined in section 3321, sent to the inmate. A formal, written response shall be provided to the sentencing court or the Secretary, including the reason the inmate is not eligible for Penal Code (PC) section 1170(d) recall.
(2) If the inmate is not sentenced to death, the C&PR shall submit the request to the inmate's caseworker. The inmate's caseworker shall have five working days to prepare an evaluation report, noting the inmate's case factors as listed in section 3076.1, and include the following information and attachments:
(A) The inmate's cumulative case summary including, but not limited to the following information:
1. Inmate's name and CDC number.
2. Current commitment offense, brief description of the crime, and sentence.
3. County of commitment.
4. Prior juvenile and adult criminal history.
5. Active or potential holds, warrants, detainers.
6. Institutional adjustment, including rules violation reports, counseling chronos, pending disciplinary actions, gang/disruptive group information, placement score, current housing assignment, work and education assignments, and participation in self-help activities.
7. Mental health and developmental disability status.
(B) A list of any victim notification or other special notification requirements.
(C) The inmate's post-release plan.
(D) Abstract of Judgment for the inmate's current commitment offense.
(E) Probation Officer's Report for the inmate's current commitment offense.
(F) Institutional Staff Recommendation Summary.
(G) Legal Status Summary.
(H) CDC Form 112 (Rev. 09/83), Chronological History.
(I) The inmate's most recent Board of Parole Hearings Parole Consideration Report with the Lifer Parole Hearing Decision Face Sheet containing the Board of Parole Hearings' disposition (applies only to inmates who are sentenced to an indeterminate term).
(c) The C&PR shall review and forward the evaluation report to the warden or chief deputy warden within three working days.
(d) The warden or chief deputy warden shall review and sign the evaluation report and ensure it is forwarded to California Department of Corrections and Rehabilitation headquarters within three working days.
(e) The evaluation report for a PC section 1170(d) recall shall be referred to the Secretary, or designee, for review and consideration.
(1) If a positive recommendation for recall is made, and the inmate is sentenced to a determinate term, the Secretary, or designee's, recommendation shall be referred directly to the sentencing court.
(2) If the inmate is sentenced to an indeterminate term, the Secretary or designee's recommendation, whether positive or negative, shall be referred to the Board of Parole Hearings for review and consideration.
(f) When the court requests a post-sentence report within 120 days of the inmate's sentencing, the inmate's caseworker shall evaluate all available information, and assess the inmate's potential for completing probation or other alternate sentencing, and the threat posed to the community if the inmate fails to realize that potential. The inmate's caseworker shall complete an evaluation report, as described in subsection 3076.2(b)(2), and forward the report to the C&PR within five working days.
(g) The C&PR shall have three working days to review the evaluation report and forward it to the warden or chief deputy warden.
(h) The warden or chief deputy warden shall review and sign the evaluation report and submit it directly to the sentencing court within three working days.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d), 3043 and 5054, Penal Code.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of subsections (a)(1), (a)(3)-(5) and (b)(2) transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Amendment of section heading and section filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
§3076.3. Recall of Commitment Recommendation Consideration Factors for Penal Code Section 1170(e).
Note • History
For inmates meeting one or more of the recall eligibility requirements of section 3076(b), the Classification and Parole Representative (C&PR), shall consider the following factors as may be applicable when recommending recall of commitment consideration for an inmate:
(a) The inmate's commitment offense.
(b) Whether the inmate has a history of affiliation with organized criminal activity, including, but not limited to, any known disruptive group, street gang, prison gang, terrorist group, or racketeering enterprise.
(c) The inmate is or is not designated as a Public Interest Case by the Classification Staff Representative, or their placement has or has not been ordered by the Departmental Review Board because of an unusual threat to the safety of persons or public interest in the inmate's case.
(d) Whether the court was aware of the inmate's medical condition at the time of sentencing.
(e) Whether the inmate's prior criminal history includes violent acts against persons pursuant to Penal Code (PC) section 667.5(c) or PC section 1192.7(c), or registerable offense pursuant to PC section 290.
(f) Whether there exists a documented victim or next of kin of the inmate's commitment offense in the community who would suffer fear from the release of the inmate back into the community.
(g) Whether the inmate's documented institutional behavior reflects a history of offenses involving force, violence, assault, arson, or predatory sexual behavior.
(h) Whether there are verifiable community resources appropriate, sufficient, and immediately available to provide support and sustenance and to meet the inmate's medical and/or psychological needs upon release.
(i) Whether the inmate has committed any other criminal acts, either prior to or during the current period of incarceration, that indicates he or she would be a danger to the public if released.
(j) Whether the inmate retains the capacity to commit or to influence others to commit criminal acts that endanger public safety.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.
HISTORY
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; disapproved by OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Register 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant to Government Code section 11346.1(h) (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).
5. Renumbering of former section 3076.3 to section 3076.5 and new section 3076.3 filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2011 order transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
7. Amendment of subsection (c) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3076.4. Recall of Commitment Processing for Penal Code Section 1170(e).
Note • History
A physician employed by the California Department of Corrections and Rehabilitation (CDCR) who determines an inmate meets the eligibility requirements described in Subsection 3076(b), shall initiate the recall process on behalf of the inmate. The inmate or his or her family member or designee may also independently request Penal Code (PC) section 1170(e) recall consideration by contacting the institution's Chief Medical Officer (CMO) or Chief Medical Executive (CME), or the Secretary.
(a) The physician shall document on a CDC Form 128-C (Rev. 01/96), Chrono -- Medical-Psychiatric-Dental, the inmate's illness, functional status, including the inmate's abilities or limitations in performing activities of daily living, ambulatory status, the reason why the inmate has six months or less to live or is permanently medically incapacitated, and his or her desire to participate in the recall process.
(b) The CMO or CME, Deputy Medical Executive, and Statewide Chief Medical Executive, California Prison Health Care Services, shall have five working days to review and sign the CDC Form 128-C, approving the physician's prognosis. The signed CDC Form 128-C shall be submitted to the C&PR within three working days following the Statewide Chief Medical Executive's approval.
(1) If the CMO or CME, or the Deputy Medical Executive, or the Statewide Chief Medical Executive do not concur with the physician's prognosis, the recall of commitment process shall be terminated.
(c) The C&PR shall review the CDC Form 128-C and the inmate's central file.
(1) If the inmate is sentenced to death or to life without the possibility of parole, the Classification and Parole Representative (C&PR) shall document the reason for the ineligibility on a CDC Form 128-B (Rev. 04/74), General Chrono, and file the original in the inmate's central file. A copy of the CDC Form 128-B excluding any confidential information, as defined in section 3321, shall be sent to the inmate and the inmate's physician.
(2) If the inmate is not sentenced to death or to life without the possibility of parole, medical staff shall explain the recall of commitment process to the inmate within 48 hours of notification and arrange for the inmate to designate a family member or other outside agent on CDCR Form 7385 (Rev. 09/09), Authorization for Release of Information, which is incorporated by reference. The inmate's designee shall be informed about the recall of commitment process and the inmate's medical condition. If the inmate is mentally unfit to designate a family member or other outside agent, medical staff shall contact the inmate's emergency contact listed on the CDC Form 127 (Rev. 06/01), Notification in Case of Inmate Death, Serious Injury, or Serious Illness, which is incorporated by reference, and advise them of the recall process.
(d) The C&PR shall submit the CDC Form 128-C to the inmate's caseworker. The inmate's caseworker shall have five working days to prepare an evaluation report noting the inmate's case factors as listed in section 3076.3, which consists of the following information and attachments:
(1) CDC Form 128-C.
(2) The inmate's cumulative case summary, including, but not limited to the following information:
(A) Inmate's name and CDC number.
(B) Current commitment offense, brief description of the crime, and sentence.
(C) County of commitment.
(D) Prior juvenile and adult criminal history.
(E) Active or potential holds, warrants, detainers.
(F) Institutional adjustment, including rules violation reports, counseling chronos, pending disciplinary actions, gang/disruptive group information, placement score, current housing assignment, work and education assignments, and participation in self-help activities.
(G) Mental health and developmental disability status.
(3) A list of any victim notification or other special notification or registration requirements.
(4) The inmate's post-release plan.
(5) CDCR Form 7385 (Rev. 09/09), Authorization for Release of Information.
(6) CDCR Form 3038 (12/10) Notification to Inmate/Inmate Designee -- Recall and Re-sentencing Procedure, which is incorporated by reference.
(7) CDCR Form 3039 (12/10), Waiver of Defendant's Personal Presence at the Recall and Re-sentencing Hearing, which is incorporated by reference.
(8) Abstract of Judgment for the inmate's current commitment offense.
(9) Probation Officer's Report for the inmate's current commitment offense.
(10) Institutional Staff Recommendation Summary.
(11) Legal Status Summary.
(12) CDC Form 112 (Rev. 09/83) Chronological History.
(13) The inmate's most recent Board of Parole Hearings Parole Consideration Report with the Lifer Parole Hearing Decision Face Sheet containing the Board of Parole Hearings' disposition (applies only to inmates who are sentenced to an indeterminate term).
(e) The C&PR shall review and forward the evaluation report to the warden or chief deputy warden within three working days.
(f) The warden or chief deputy warden shall review and sign the evaluation report and ensure it is forwarded to CDCR headquarters within three working days.
(g) The evaluation report for a PC section 1170(e) recall shall be referred to the Secretary, or designee, for review and consideration.
(1) If a positive recommendation for recall is made, and the inmate is sentenced to a determinate term, the recommendation shall be referred directly to the sentencing court and shall include one or more medical evaluations, the findings of which must determine the inmate meets the criteria set forth in PC section 1170(e)(2), and a post-release plan.
(2) If the inmate is sentenced to an indeterminate term, the Secretary or designee's recommendation, whether positive or negative, shall be referred to the Board of Parole Hearings for review and consideration.
(h) Pursuant to PC section 1170(e)(9), if the sentencing court grants the recall and resentencing application, the inmate shall be released by the department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the inmate or ordered by the court. If the inmate has agreed to waive the 48-hour release requirement, the department shall request the sentencing court include in its order that the inmate shall be released within 30 calendar days to allow for the coordination of his or her housing and medical needs in the community to a location where access to care is available.
(i) If the Division of Adult Parole Operations (DAPO) is coordinating the inmate's placement within the community, the C&PR shall provide a copy of the release order to DAPO upon receipt from the sentencing court.
(j) At the time of release, medical staff shall ensure the inmate has each of the following in his or her possession; a discharge medical summary, full medical records, State identification, parole medication, and all property belonging to the inmate. After discharge, any additional records shall be sent to the inmate's forwarding address.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(e), 3043 and 5054, Penal Code; and Martinez v. Board of Parole Hearings (2010) 183 Cal.App.4th 578.
HISTORY
1. New section filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-7-2011 order, including amendment of subsection (c)(2), transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
§3076.5. Victim Notification for Recall of Commitment Recommendations.
Note • History
When informed by department headquarters or the Board of Parole Hearings that an inmate's commitment has been recommended for recall to the sentencing court, the Classification and Parole Representative shall notify any victim of a crime committed by the inmate, or the victim's next of kin, provided that the victim or the victim's next of kin has formally requested notice about the status of the inmate in prison, including, but not limited to, notification of release, escape, or death, or of any hearing to review or consider the release or parole suitability or the setting of a parole date for the inmate, in writing; either by submitting a signed letter or a completed CDCR Form 1707 (Rev. 10/11), Request For Victim Services, which is incorporated by reference, to the Office of Victim and Survivor Rights and Services, and the requesting party has kept the department or the Board of Parole Hearings apprised of their current mailing address. The notification shall include the name and address of the court that will consider the recall of the inmate's commitment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d), 1170(e), 3043 through 3043.3 and 5054, Penal Code.
HISTORY
1. Renumbering of former section 3076.3 to section 3076.5, including amendment of section and Note, filed 7-7-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 7-7-2011 (Register 2011, No. 27). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 12-14-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 7-7-2011 order, including amendment of section, transmitted to OAL 12-5-2011 and filed 1-19-2012 (Register 2012, No. 3).
Article 6.7. Transfer of Inmate Assessment Responsibility
§3077. County Assessment Program.
Note • History
The California Department of Corrections and Rehabilitation (CDCR), pursuant to the provisions in sections 3375 through 3379, provides upon reception, an assessment and classification process to each person committed to the custody of the CDCR. Exception to this are Senate Bill (SB) 618 Participants, as defined in section 3000, who will be participating in a SB 618 Program, as defined in section 3000. Pursuant to the authority and process as described in this section, SB 618 Participants, prior to reception by the CDCR, shall be assessed by the county in which the offender is adjudged to have committed his or her crime.
(a) Assessment transfer authority. Pursuant to Penal Code (PC) section 1203.8, the CDCR is authorized to enter into an agreement with up to three counties in the State of California to carry out the assessment of nonviolent felony offenders and to develop a multi-agency plan (MAP).
(1) The MAP shall be developed at the participating county and subject to the approval of the CDCR, will be the general plan and agreement permitting the transfer of the assessment responsibility to the county. The MAP shall be developed by and have the concurrence of the following local county representatives or their designees, which shall include:
(A) The presiding judge.
(B) The chief probation officer.
(C) The district attorney.
(D) The county defense agency.
(E) The local custodial agency (e.g. sheriff).
(2) The MAP shall be submitted to the Board of Supervisors for approval.
(b) Inmate eligibility. An eligible offender may voluntarily participate in a SB 618 Program. To be eligible, the offender must meet the following criteria:
(1) Is convicted in the current case of a non-violent felony.
(2) Must be in custody to participate with no convictions under PC section 667.5(c) except as provided in subsection 3077(d)(1).
(3) Is a legal resident of the participating county at the time of his or her conviction (county of last legal residence).
(4) Is sentenced to a state prison for a period of 7 and 72 months with time to serve remaining to permit commencement and completion of programming of no more than 36 months or less than 4 months.
(5) Is able to live independently in the General Population (GP) of the participating institution independent of housing designation.
(6) Has a classification score below 52 points.
(c) Exclusionary criteria. An offender is excluded from participating in the SB 618 Program if he or she:
(1) Is a documented and validated prison gang, or disruptive group member or associate.
(2) Has a prior conviction where the offender's victim(s) suffered death, disability, or serious injury.
(3) Has any history of sex or arson offenses subject to registration pursuant to PC sections 290 and 457.1.
(4) Has a United States Immigration and Customs Enforcement hold from countries without immigration treaties.
(5) Possesses outstanding or active felony holds from other jurisdictions.
(6) Qualifies for participation in a drug treatment program as defined in PC section 1210(b).
(7) Repeat offenders with a new sentence and who are offered a probationary sentence are not automatically excluded from consideration for participation in the SB 618 Program upon approval of the court.
(d) Discretionary factors. The following are discretionary factors that will be taken into consideration when determining on a case-by-case basis, SB 618 Program eligibility:
(1) Prior convictions for PC section 667.5(c). Where a defendant has been out of custody for no less than five years and has committed no other violent felony as defined under Penal Code section 667.5(c), prior convictions for violent felonies under Penal Code section 667.5(c) that do not involve death, great bodily injury or permanent disability will be screened for SB 618 eligibility on a case-by-case basis.
(2) Repeat offenders as described in 3077(d)(1) with a new offense who pick up a new prison term are not automatically excluded from consideration for participation in the SB 618 Program upon recommendation of the court with concurrence of CDCR.
(3) Parole violators with a new term, who before parole were SB 618 Participants, are automatically excluded from consideration for participation in the SB 618 Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY
1. New article 6.7 (sections 3077-3077.4) and section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
§3077.1. Senate Bill 618 Program Participant Determination, Assessment, and Processing.
Note • History
(a) When an offender is arrested and charges filed, the participating county district attorney (DA) will conduct preliminary screening for Senate Bill (SB) 618 Program eligibility utilizing the criteria provided in subsections 3077(b), (c) and (d). If the offender is identified as a possible SB 618 Participant, as defined in section 3000, the DA, defense attorney, and court shall affirm eligibility for the SB 618 Program, as defined in section 3000. If eligibility for participation is approved by the court, the offender will be petitioned to voluntarily participate in the SB 618 Program. If the offender agrees, the court will refer the case to county probation for pre-sentence investigation, multidisciplinary assessment, and the development of a Life Plan, as described in subsection 3077.1(b). Within 3 working days of the court referral, the offender will be transported to a predetermined county site for assessment by a Multi-Disciplinary Team (MDT).
(1) The MDT shall include the following:
(A) County Probation Officer.
(B) Community Case Manager (CCM) who will assist the SB 618 Participant in the community to which he/she is released and will help to develop a community reentry plan with the SB 618 Participant, his/her family, treatment and social service providers, and community support persons.
(C) Correctional Counselor (CC) I. The CCI shall make appropriate placement recommendations to a primary California Department of Corrections and Rehabilitation (CDCR) institution/facility and an alternate CDCR institution/facility. The Participant's Life Plan and available Substance Abuse Treatment programs, and Academic and Vocational programs to advance the Participant's Life Plan, shall be used in consideration of the institution/facility recommendation.
(D) Prison Case Manager (PCM). The PCM shall be a licensed Clinical Social Worker, or other professional social work classification such as a Bachelor or Master's degree in Social Work. The PCM will work with the SB 618 Participant from time of assessment at the county facility to parole release. The PCM is a member of the CDCR institution's Multidisciplinary Team.
(2) The MDT may also include the following:
(A) An education specialist who is a subject matter expert on educational and vocational assessment, testing and programs.
(B) A licensed mental health clinician who is a subject matter specialist on mental health and substance abuse screenings, assessments and treatments.
(C) Medical staff, which will include but not be limited to, doctors, nurse practitioners, nurses, dentists, optometrists, and medical technical assistants. Medical staff may perform medical assessments pursuant to the provisions of section 3077.2.
(b) The Life Plan. The SB 618 Participant's Life Plan will be a plan based on the assessed needs of the offender which shall outline the inmate's specific programming needs and act as a guide for the SB 618 Participant from sentence and incarceration through release on supervised parole. The Life Plan, which may be referenced differently at each participating county (e.g. Case Plan, Participant Plan, etc.), shall be developed by and have the concurrence of the participating county's MDT.
(1) The Life Plan shall:
(A) Include, but not be limited to, the SB 618 Participant's court recommended behavioral health treatment, education literacy, and vocational needs.
(B) Include a recommendation for completion while in state prison, all programs to address those needs identified in the assessment.
(2) The CDCR, to the extent feasible, shall provide to the SB 618 Participant, all programs pursuant to the Life Plan recommendations.
(c) Within 23 days of the court referral, the following will occur:
(1) The SB 618 Participant's Life Plan, as described in subsection 3077.1(b), shall be developed.
(2) The county probation officer will include the Life Plan with the pre-sentence report and return it to the court.
(d) Within 28 working days post conviction, the court will affirm the Life Plan recommendations and sentence the Participant to state prison.
(e) Within 14 working days after sentencing, the SB 618 Participant shall be transported to the appropriate CDCR institution for placement.
(f) All SB 618 Participants in substance abuse programs will be subject to random drug testing pursuant to the provisions of section 3290.
(g) Upon the SB 618 Participant's arrival at the institution's reception center (RC), the SB 618 RC CCI will review the SB 618 Participant's Life Plan, complete the casework and recommend endorsement for placement into the General Population. The case will be presented to a Classification Staff Representative for endorsement with the SB 618 Participant in RC status.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of subsections (a)(1)(C) and (d), transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
§3077.2. Senate Bill 618 Participant Medical, Dental, and Mental Health Assessments.
Note • History
(a) For each county participating in the Senate Bill (SB) 618 Program, as defined in section 3000, and pursuant to California Department of Corrections and Rehabilitation (CDCR) and Division of Correctional Health Care Services medical, dental, and mental health court or Receiver ordered requirements, regulations, policies and procedures, the following assessments may be performed at an appropriate county facility for each SB 618 Participant, as defined in section 3000:
(1) Medical assessments. As permitted by the Medical Care Receiver, all applicable medical tests and assessments, including tuberculosis and other tests as necessary relating to communicable diseases and other medical conditions, may be performed by one or more of the following:
(A) CDCR medical staff.
(B) County medical staff.
(C) County contract medical staff.
(2) Dental screening, as permitted by the court, may be performed by one or more of the following:
(A) CDCR dental staff.
(B) County dental staff.
(C) County contract dental staff.
(3) Dental training. The CDCR Dental Quality Management Assessment Team staff or designee shall schedule and provide any necessary training for county dental staff or county contract dental staff on-site at the appropriate county correctional facility. Any necessary materials or supplies, as needed, shall also be provided to county dental staff or county contract dental staff.
(4) Mental health evaluations, as permitted by the court, may be performed by one or more of the following:
(A) CDCR mental health staff.
(B) County mental health staff.
(C) County contract mental health staff.
(b) After the arrival of the SB 618 Participant at the appropriate CDCR institution's reception center, CDCR medical staff shall:
(1) Complete as necessary, the medical history and physical exam.
(2) Complete all required medical, dental, and mental health assessments within mandatory time frames.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code; Title 15, CCR, Section 3350(b)(1); Title 15, CCR, Article 8, Medical and Dental Services; Title 15, CCR, Article 9, Mental Health Services; Coleman v. Schwarzenegger (No. S90-0520 LKK JFM P) U.S. District Court, Eastern District of California; Plata v. Schwarzenegger (No. C01-1351 TEH), U.S. District Court, Northern District of California; and Settlement Agreement, Perez v. Tilton, et al., Case No. C05-5241 JSW, U.S. District Court, Northern District of California.
HISTORY
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of Note, transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
§3077.3. Senate Bill 618 Participant Institutional Programming.
Note • History
(a) The Senate Bill (SB) 618 Participant, as defined in section 3000, shall be delivered to a Departmental RC as arranged between the respective county Sheriff's personnel and CDCR's Transportation Unit. The RC shall expedite the RC processing of the SB 618 Participant and present the Participant's case to the Classification Staff Representative (CSR) within 30 days of arrival at the RC. The CSR shall endorse the case for placement at an appropriate institution/facility in consideration of the SB 618 Participant's Life Plan. The Departmental Transportation Unit shall expedite movement of SB 618 Participants to the endorsed institution/facility utilizing existing resources when possible. Within 14 days from the time the Senate Bill (SB) 618 Participant, as defined in section 3000, arrives at the endorsed institution, the SB 618 Participant shall be seen by the Initial Classification Committee to ensure that the SB 618 Participant is assigned to appropriate programming according to his or her Life Plan as described in subsection 3077.1(b).
(b) Upon completion of the Initial Classification Committee, the Inmate Assignment Office shall assign the SB 618 Participant into assignments that correspond with his or her Life Plan.
(1) If there are no vacancies available in appropriate work/training assignments, the SB 618 Participant shall be placed at the top of the waiting list for assignment. SB 618 Participants having the earliest release date shall be given priority.
(2) A Classification Committee action shall be required to place SB 618 Participants onto a waiting list or remove them from a waiting list.
(c) A Classification Committee shall review the SB 618 Participant's progress and case factors at least once a year.
(d) The Prison Case Manager (PCM), as described in subsection 3077.1(a)(1)(D), shall:
(1) Monitor, track, record, and evaluate the SB 618 Participant's participation and completion in the assigned programs.
(2) Attend the SB 618 Advisory Committee meetings to report program status and to make any recommendations for changes in the SB 618 Participant's Life Plan, if appropriate.
(3) Assist the SB 618 Participant in meeting their Life Plan needs and goals.
(e) Six months prior to release, the PCM, the SB 618 Participant, parole representative, and the CCM will meet and revise the Life Plan with an emphasis on the community reentry plan for housing, transportation, and immediate enrollment in community support programs which include, but are not limited to, substance abuse and mental health services, work readiness training and placement.
(f) A SB 618 Participant who no longer wishes to participate in the SB 618 Program or is no longer eligible for retention at the SB 618 programming institutions, will be seen by an SB 618 Advisory Group in the institution or while on parole in the community. Reasons for being determined ineligible while in the program may include, but are not limited to, rule violations in prison with a guilty finding, archive information which if known prior to entry into the program, such as past violence, would have precluded the SB 618 Participant from the program, not following program requirements, and parole violations subsequent to parole. The respective Advisory Group will make a determination regarding the SB 618 Participant's continued participation in the SB 618 Program.
(1) The Advisory Group at the institution shall include:
(A) Associate Warden or designee.
(B) Classification representative or designee.
(C) PCM Coordinator or designee.
(D) SB 618 Participant's assigned PCM or designee.
(E) Division of Community Partnership (DCP) analyst or designee.
(2) The Advisory Group in the parole community shall include:
(A) SB 618 Participant.
(B) SB 618 Participant's assigned:
1. Parole Agent or designee.
2. Community Case Manager or designee.
(C) DCP analyst or designee.
(3) The respective Advisory Group's findings shall be documented on a CDC Form 128-B, (4/74) General Chrono, as described in section 3000 under General Chrono, with a copy placed in the SB 618 Participant's Central File.
(4) An SB 618 Participant who is determined to no longer be eligible for the SB 618 Program, may appeal the Advisory Group decision by utilizing the inmate appeal process as provided in the California Code of Regulations, Title 15, Chapter 1, Article 8, sections 3084 through 3085.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 667.5(c), 1203.8 and 5054, Penal Code.
HISTORY
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order, including amendment of subsections (a) and (c), transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
§3077.4. Senate Bill 618 Participant Community Services.
Note • History
(a) To meet the objective of providing a state and local response that will support and sustain the Senate Bill (SB) 618 Participant, as defined in section 3000, with his or her rehabilitative efforts, community services, which may be subject to available state and local funding, may be made available to the SB 618 Participant.
(b) The community services which are designed to maintain the SB 618 Participant through discharge from parole or 18 months from release from parole, whichever is the longest period of time, may include, but are not limited to:
(1) Transitional or step-down housing.
(2) Occupational development and job placement.
(3) Outpatient mental health services.
(4) Substance abuse treatment services.
(5) Education.
(6) Life skills counseling.
(7) Restitution and community services.
(8) Case management.
(9) Intermediate sanctions for technical violations of conditions of parole.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1203.8 and 5054, Penal Code.
HISTORY
1. New section filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
Article 6.8. Alternative Custody Program [Repealed]
§3078. Alternative Custody Program Definitions.
Note • History
For the purposes of the ACP, the following definitions shall apply:
(a) Alternative Custody Program (ACP) Case Manager means a designated Division of Adult Parole Operations (DAPO) employee who is assigned to supervise those persons released to ACP while in the community.
(b) ACP Program Manager means a department employee who is responsible for the overall coordination of the ACP and the ACP Participants within the community.
(c) Residential Home means a structure in an area that is zoned for residential habitation, and can be located and identified by a street number and street name.
(d) Transitional Care Facility means an approved facility located in a structure in an area that is zoned for residential habitation, and can be located and identified by a street number and street name and which assists in the transition from a custody or treatment environment to an independent living environment.
(e) Residential Drug or Treatment Program means an approved program located in a structure in an area that is zoned for residential habitation, that can be located and identified by a street number and street name, and which provides substance abuse or other treatment.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New article 6.8 (sections 3078-3078.6) and section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New article 6.8 (sections 3078-3078.6) and section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealer of article 6.8 (sections 3078-3078.6) and section by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.1. Alternative Custody Program General Policy.
Note • History
(a) Pursuant to Penal Code section 1170.05, the Secretary of the Department of Corrections and Rehabilitation (department) is authorized to offer a program under which eligible female inmates who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison.
(b) An Alternative Custody Program (ACP) Participant's confinement in the community shall consist of restriction to one of the following:
(1) A Residential Home during the hours designated by the department, or
(2) A transitional care facility that offers appropriate services during the hours designated by the department, or
(3) A Residential Drug or Treatment Program during the hours designated by the department.
(c) One day of participation in the ACP shall be in lieu of one day of incarceration in state prison. Participants in the program shall receive any sentence reduction credits that they would have received pursuant to section 3043 had they served their sentence in state prison and shall be subject to denial and loss of credit pursuant to PC section 2932(a).
(d) The secretary or his or her designee shall have the sole discretion concerning whether to permit program participation as an alternative to custody in state prison.
(e) Each inmate released for placement in the ACP shall be subject to applicable rules and regulations governing inmates pursuant to the California Code of Regulations, Title 15, Division 3.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.2. Alternative Custody Program Eligibility Criteria.
Note • History
(a) To be eligible to participate in the Alternative Custody Program (ACP), the inmate must volunteer and be female.
(b) The inmate shall have no more than 24 months and no less than 45 days left to serve at the time of placement into the ACP.
(c) The inmate does not meet any of the exclusionary criteria as provided for in section 3078.3.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.3. Alternative Custody Program Exclusionary Criteria.
Note • History
(a) Exclusionary criteria includes, but is not limited to:
(1) Current conviction of any of the crimes listed as a violent felony in Penal Code (PC) section 667.5(c) including stayed counts and enhancements.
(2) Current conviction of any of the crimes listed as a serious felony in PC sections 1192.7(c) and 1192.8 including stayed counts and enhancements.
(3) Current or prior conviction for an offense that requires the person to register as a sex offender pursuant to PC section 290.
(4) High risk to commit a violent offense as determined by the department using the California Static Risk Assessment tool, as provided in section 3768.1.
(5) History of escape within the last 10 years from a facility while under juvenile or adult custody, including, but not limited to any detention facility, camp, jail, or state prison facility or inmates that have been reviewed for escape and have been assessed an administrative determinant of ESC, as provided in subsection 3375.2(b)(9).
(6) Active or potential misdemeanor or felony holds, warrants, or detainers.
(7) Active or potential United States Immigration and Customs Enforcement holds, warrants, or detainers.
(8) Active restraining order.
(9) In-custody misconduct equivalent to a Divisions “A-1” through “C” offense, as defined in section 3323, during the last 24 calendar months, except for physical possession of alcohol.
(10) Security Housing Unit or Psychiatric Services Unit terms in the last 12 calendar months.
(11) Current Close or Max Custody, as defined in section 3377.2.
(12) Current or prior conviction for a sexually violent offense, as defined in Welfare and Institutions Code section 6600(b).
(13) Validated active or inactive prison gang members or associates, as defined in subsection 3378(c). Does not exclude validated prison gang dropouts or street gang/disruptive groups.
(14) Current probable/good cause finding by the Board of Parole Hearings (BPH), as defined in section 3000, for a violation of a condition of parole for a serious or violent offense.
(15) Probable/good cause finding by BPH for absconding parole within the last 24 calendar months.
(16) Current Parole Violator Return to Custody or pending revocation status.
(b) Additional exclusionary criteria shall be reviewed on a case-by-case basis, including but not limited to:
(1) Current or prior sexual offense convictions not requiring PC section 290 registration.
(2) Current psychiatric or medical condition that requires ongoing care.
(3) Current or prior child abuse arrest(s) or conviction(s), probable/good cause finding by BPH or conviction(s) where the offense was related to abuse or neglect of a child.
(4) Current or prior conviction(s) or probable/good cause finding(s) by BPH for a violation of a condition of parole for stalking.
(5) Prior ACP participation that resulted in a return to an institution.
(6) Upon review of all case factors, no appropriate placement is available in the community.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 290, 667.5(c), 1170.05, 1192.7(c), 1192.8 and 5054, Penal Code. Section 6600(b), Welfare and Institutions Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.4. Alternative Custody Program Processing.
Note • History
(a) Screening and Assessment.
(1) Every inmate shall be afforded the opportunity to sign and submit to their assigned Correctional Counselor a CDCR Form 2234 (07/12), ACP Application and Voluntary Agreement, which is incorporated by reference.
(2) Upon receipt of a CDCR Form 2234, the Correctional Counselor shall complete a preliminary screening for Alternative Custody Program (ACP) eligibility utilizing the criteria provided in section 3078.2 on a CDCR Form 2235 (09/12), Alternative Custody Program Screening Form, which is incorporated by reference.
(3) An assessment of the inmate's predictive factors shall be completed using the California Static Risk Assessment, as provided in section 3768.1. The result of the assessment shall facilitate decisions regarding the placement, supervision and case-management of an offender in a community setting.
(b) Individualized Treatment and Rehabilitation Plan.
(1) Based on the assessment completed in (a)(3) above and a review of the inmate's central file, an Individualized Treatment and Rehabilitation Plan (ITRP) shall be prepared by designated institution staff. The ITRP shall address a full range of issues including those directly and indirectly related to the specific needs of the potential ACP Participant. The ITRP shall describe specific activities and services needed to achieve identified goals. The ITRP shall address, but is not limited to the following factors:
(A) Housing.
(B) Employment plans.
(C) Transportation.
(D) Substance abuse treatment.
(E) Parenting and life skills.
(F) Anger management and criminal thinking.
(G) Vocational and educational needs.
(H) Social services needs, e.g., Veteran's Affairs benefits, general assistance, social security.
(I) Medical, dental, and mental health needs.
(2) Institution staff shall coordinate with the ACP Program Manager, as defined in section 3078, to identify appropriate placement consistent with the offender's needs and availability of appropriate program(s). When available and appropriate, the department shall prioritize the use of evidence based programs and services. Other factors to be considered include but are not limited to:
(A) Child dependency issues wherein the court and/or a representative of the appropriate county agency has determined that a potential participant's inclusion in the program is not in the best interest of the child.
(B) Placement resulting in a potential participant residing in close proximity to any person that was the victim of the potential participant's crime.
(3) The participant shall agree to fill out and sign forms pertaining to any county, state, or federal medical benefit program(s) for which the participant is eligible.
(4) The participant shall sign the CDCR Form 1516-ACP (06/11), Requirements of the Alternative Custody Program, which is incorporated by reference, agreeing to comply with the requirements of participation in ACP.
(c) Classification and Case Records
(1) The ITRP and all other pertinent information will be presented to the Institution Classification Committee (ICC), as provided in subsection 3376(c)(2), for program participation consideration. The ICC will consider the totality of the information along with input from the inmate prior to recommendation for ACP placement.
(2) Upon recommendation of ICC for ACP placement, the case will be referred to a Classification Staff Representative (CSR) for endorsement.
(3) Upon the endorsement of an ACP Participant, Case Records shall be notified to ensure the ACP release process is completed. Victim notification shall be made at least 45 days prior to the participant's release to ACP.
(4) Prior to release to ACP, Case Records shall notify local law enforcement of the jurisdiction in which the ACP Participant will reside, providing the following information:
(A) The participant's name, address, and date of birth.
(B) The current offense committed by the participant.
(C) The estimated duration of time the participant will be in the community under ACP.
(5) Case Records functions of inmates on ACP shall be managed by the location designated by the Director, Division of Adult Institutions.
(6) While in the ACP, the participant's annual classification review, pursuant to subsection 3376(d)(2), shall be suspended.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency, including amendment of subsection (a)(4); operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.5. Alternative Custody Program Participant Case Management and Supervision.
Note • History
(a) Each Alternative Custody Program (ACP) Participant shall be assigned to the supervision of a designated Division of Adult Parole Operations (DAPO) staff who shall function as the case manager. The designated DAPO staff shall:
(1) Monitor, track, record, evaluate, and provide guidance to ACP Participants and their progress in meeting their Individualized Treatment and Rehabilitation Plan (ITRP) goals and objectives.
(2) Act as a liaison with the ACP Program Manager to ensure tracking and administrative processes are completed including but not limited to:
(A) Case Records, including such things as providing proposed address during the release process, reviewing and completing forms and documents regarding residence verification and reporting instructions, etc.
(B) Disciplinary process, including such things as obtaining copies of police reports, providing information regarding witnesses and witness testimony, curfew violation reports, positive anti-narcotic test reports, etc.
(C) Return to institution process.
(D) Transitioning from ACP to parole or post-release community supervision.
(b) Level of supervision will be determined by DAPO staff based on prior criminal history, case factors, risk factors and participant's current behavior. Supervision includes but is not limited to:
(1) Electronic monitoring, consistent with section 3540.
(2) Anti-narcotic testing, if applicable.
(3) Face-to-Face Contacts, as defined in section 3000.
(c) The participant and their residence shall be subject to search and seizure by a peace officer at any time of the day or night, with or without a warrant and with or without cause, for the purpose of verifying compliance with the requirements of the ACP.
(d) Subsequent residential and/or program changes after initial ACP placement shall require coordination between designated DAPO staff, involved relevant staff from the participant's program, if applicable, and the ACP Program Manager. Any such changes that involve movement into or between any combination of Transitional Care Facilities or Residential Drug or Treatment Programs, as defined in section 3078(d) and (e), must be coordinated between designated DAPO staff and the ACP Program Manager.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3078.6. Alternative Custody Program Return to Institution.
Note • History
(a) An Alternative Custody Program (ACP) Participant may be returned to state prison to serve the remainder of their original sentence, with or without cause, pursuant to the provisions of subsections (b)-(b)(7) below.
(b) Division of Adult Parole Operations staff shall conduct a Case Conference Review, as defined in section 3000, regarding whether a participant should be returned to prison. Reasons for return to prison may include, but are not limited to:
(1) Reasonable suspicion that the participant is not complying with the terms or requirements of the program exists.
(2) The participant for any other reason no longer meets the established criteria pursuant to section 3078.2.
(3) The electronic monitoring device is unable for any reason to properly perform its function at the designated place of detention.
(4) The participant's needs can no longer be met by existing community programs.
(5) Local law enforcement has identified the participant as a suspect in new criminal activity that if charged and found guilty would result in a misdemeanor and/or felony conviction.
(6) A felony hold, warrant or detainer is received by the department after an inmate is placed in the ACP.
(7) The participant requests voluntary return.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-5-2012 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
3. New section refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2012, No. 28).
5. New section filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
Article 6.9. Postrelease Community Supervision
§3079. Postrelease Community Supervision.
Note • History
(a) Pursuant to the provisions of the Postrelease Community Supervision Act of 2011, enacted in Penal Code section 3450, all offenders released from a CDCR facility on or after October 1, 2011, may be eligible for Postrelease Community Supervision (PRCS).
(b) Inmates released to PRCS are discharged from the department's custody and placed under the jurisdiction of a county agency.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 3451 and 5054, Penal Code.
HISTORY
1. New article 6.9 (sections 3079-3079.1) and section filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
§3079.1. Postrelease Community Supervision Exclusionary Criteria.
Note • History
The following shall make an inmate ineligible for Postrelease Community Supervision:
(a) An inmate serving a current term for a serious felony, as described in Penal Code (PC) Section 1192.7(c) or 1192.8.
(b) An inmate serving a current term for a violent felony described in PC section 667.5(c).
(c) An inmate serving a life term.
(d) An inmate who is determined by the California Department of Corrections and Rehabilitation to be a High Risk Sex Offender, as defined in section 3582.
(e) Any inmate who is determined to require a condition of parole as a Mentally Disordered Offender, pursuant to PC section 2962.
(f) The inmate is subject to a period of parole exceeding three years at the time they committed their current offense, pursuant to PC section 3000.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3451 and 5054, Penal Code.
HISTORY
1. New section filed 6-26-2012 as an emergency; operative 6-26-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-3-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 11-5-2012 and filed 12-20-2012 (Register 2012, No. 51).
Article 7. Furloughs and Temporary Leave
Institution and parole division staff will administer inmate work and educational furloughs and temporary community release programs in a prudent manner, and in keeping with the basic need for public protection.
Comment: Former DP-1701, policy, general.
Note • History
Inmates who are granted a furlough or temporary leave must comply with all departmental rules and regulations governing such programs; with any conditions for approval; and, with all applicable laws; and must meet eligibility requirements in accordance with departmental procedures and Sections 2690, 2691, 6250 et seq., 6263 of the Penal Code and Section 3306 of the Welfare and Institutions Code.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 6250-6253 and 6260, Penal Code; and Section 3306, Welfare and Institutions Code.
HISTORY
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
Note • History
Temporary leaves will be granted only for inmates who meet the criteria for such leaves, as prescribed in guidelines established by the director, for the following reasons:
(a) Family Emergency. Emergency leaves will normally be considered only for attendance at services for deceased members of the inmate's immediate family, and for visits to critically ill members of the inmate's immediate family. Immediate family members are defined in section 3000.
(b) Prerelease Planning. Prerelease planning leaves may be considered for the purpose of employment interviews, making residential plans and for other reasons closely connected to release programs. A prerelease leave will not normally be granted earlier than 63 days before the inmate has an established or reasonably anticipated release date nor any earlier than is required to accomplish the purpose of a prerelease leave.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2690 and 5054, Penal Code.
HISTORY
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
4. Change without regulatory effect amending subsection (a) filed 12-2-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 49).
§3083. Court Hearing on Inmate's Children.
History
Upon a court order, inmates will be released to the custody of the sheriff for appearance in court in actions concerning termination of parental rights of an inmate or other parental or marital rights.
HISTORY
1. Editorial correction of printing error (Register 92, No. 5).
Article 8. Appeals
Note • History
For the purpose of Article 8, the following definitions shall apply:
(a) Appellant means an inmate or parolee who has submitted an appeal.
(b) General allegations means allegations that lack specificity or factual evidence to support them.
(c) Material adverse effect means a harm or injury that is measurable or demonstrable, or the reasonable likelihood of such harm or injury. In either case, the harm or injury must be due to any policy, decision, action, condition, or omission by the department or its staff.
(d) Modification order means an order by the institution, parole region, or third level Appeals Chief directing a previous decision to be modified.
(e) Remedy means a process or means to address an issue or correct a wrong.
(f) Reviewer means the individual with signature authority for the approval or disapproval of an appeal response at any level.
(g) Staff misconduct means staff behavior that violates or is contrary to law, regulation, policy, procedure, or an ethical or professional standard.
(h) Supporting documents means documents that are needed to substantiate allegations made in the appeal including, but not limited to, classification chronos, property inventory sheets, property receipts, disciplinary reports with supplements, incident reports, notifications of disallowed mail, trust account statements, memoranda or letters, medical records and written requests for interviews, items or services. Supporting documents do not include documents that simply restate the matter under appeal, argue its merits, or introduce new issues not identified in the present appeal form.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 6.
2. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Note • History
The appeal process is intended to provide a remedy for inmates and parolees with identified grievances and to provide an administrative mechanism for review of departmental policies, decisions, actions, conditions, or omissions that have a material adverse effect on the welfare of inmates and parolees. All appeals shall be processed according to the provisions of Article 8, Appeals, unless exempted from its provisions pursuant to court order or superseded by law or other regulations.
(a) Any inmate or parolee under the department's jurisdiction may appeal any policy, decision, action, condition, or omission by the department or its staff that the inmate or parolee can demonstrate as having a material adverse effect upon his or her health, safety, or welfare.
(b) Unless otherwise stated in these regulations, all appeals are subject to a third level of review, as described in section 3084.7, before administrative remedies are deemed exhausted. All lower level reviews are subject to modification at the third level of review. Administrative remedies shall not be considered exhausted relative to any new issue, information, or person later named by the appellant that was not included in the originally submitted CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, which is incorporated by reference, and addressed through all required levels of administrative review up to and including the third level. In addition, a cancellation or rejection decision does not exhaust administrative remedies.
(c) Department staff shall ensure that inmates and parolees, including those who have difficulties communicating, are provided equal access to the appeals process and the timely assistance necessary to participate throughout the appeal process.
(d) No reprisal shall be taken against an inmate or parolee for filing an appeal. This shall not prohibit appeal restrictions against an inmate or parolee abusing the appeal process as defined in section 3084.4, nor shall it prohibit the pursuit of disciplinary sanctions for violation of department rules.
(e) The department shall ensure that its departmental appeal forms for appeal of decisions, actions, or policies within its jurisdiction are readily available to all inmates and parolees.
(f) An inmate or parolee has the right to file one appeal every 14 calendar days unless the appeal is accepted as an emergency appeal. The 14 calendar day period shall commence on the day following the appellant's last accepted appeal.
(g) An appellant shall adhere to appeal filing time constraints as defined in section 3084.8.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; and Wolff v. McDonnell (1974) 418 U. S. 539, 558-560.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89. For prior history, see section 3003.
2. Certificate of Compliance as to 5-18-89 order including a clarifying change of subsection (b) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsection (a) filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
4. Amendment of subsections (a) and (d), new subsection (e), and amendment of Note filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsections (a) and (d), new subsection (e), and amendment of Note refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of History 5 (Register 97, No. 24).
7. Certificate of Compliance as to 5-29-97 order, including amendment of subsections (a) and (e), transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
8. Amendment of subsection (c) filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
9. Amendment of subsection (e) and amendment of Note filed 11-3-2006 as an emergency; operative 11-3-2006 (Register 2006, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-12-2007 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-3-2006 order transmitted to OAL 3-12-2007 and filed 4-19-2007 (Register 2007, No. 16).
11. Amendment of section and Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 12-13-2010 order, including amendment of Note, transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.2. Appeal Preparation and Submittal.
Note • History
(a) The appellant shall use a CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, to describe the specific issue under appeal and the relief requested. A CDCR Form 602-A (08/09), Inmate/Parolee Appeal Form Attachment, which is incorporated by reference, shall be used if additional space is needed to describe the issue under appeal or the relief requested.
(1) The inmate or parolee is limited to one issue or related set of issues per each Inmate/Parolee Appeal form submitted. The inmate or parolee shall not combine unrelated issues on a single appeal form for the purpose of circumventing appeal filing requirements. Filings of appeals combining unrelated issues shall be rejected and returned to the appellant by the appeals coordinator with an explanation that the issues are deemed unrelated and may only be submitted separately.
(2) The inmate or parolee is limited to the space provided on the Inmate/Parolee Appeal form and one Inmate/Parolee Appeal Form Attachment to describe the specific issue and action requested. The appeal content must be printed legibly in ink or typed on the lines provided on the appeal forms in no smaller than a 12-point font. There shall be only one line of text on each line provided on these forms.
(3) The inmate or parolee shall list all staff member(s) involved and shall describe their involvement in the issue. To assist in the identification of staff members, the inmate or parolee shall include the staff member's last name, first initial, title or position, if known, and the dates of the staff member's involvement in the issue under appeal. If the inmate or parolee does not have the requested identifying information about the staff member(s), he or she shall provide any other available information that would assist the appeals coordinator in making a reasonable attempt to identify the staff member(s) in question.
(4) The inmate or parolee shall state all facts known and available to him/her regarding the issue being appealed at the time of submitting the Inmate/Parolee Appeal form, and if needed, the Inmate/Parolee Appeal Form Attachment.
(b) The inmate or parolee shall submit the signed original appeal forms and supporting documents. If originals are not available, copies may be submitted with an explanation why the originals are not available. The appeals coordinator shall have the discretion to request that any submitted copy is verified by staff.
(1) Only supporting documents, as defined in subsection 3084(h), necessary to clarify the appeal shall be attached to the appeal. Attachments shall not raise new issues, but shall only serve to clarify the present appeal issue and action(s) requested as stated in Parts A and B of the Inmate/Parolee Appeal form. New issues raised in the supporting documents shall not be addressed and any decision rendered will pertain only to the present appeal issue and requested action(s).
(2) Inmates or parolees shall submit their appeal documents in a single mailing and shall not divide their appeal documents into separate mailings.
(3) Inmates or parolees shall not deface or attach dividers or tabs to their appeal forms.
(4) Inmates or parolees shall not contaminate or attach physical/organic objects or samples to their appeal documents. Examples of these objects or samples include, but are not limited to, food, clothing, razor blades, books, magazines, tape, string, hair, blood, and/or bodily fluids/excrement.
(c) First and second level appeals as described in section 3084.7 shall be submitted to the appeals coordinator at the institution or parole region for processing.
(d) If dissatisfied with the second level response, the appellant may submit the appeal for a third level review, as described in section 3084.7, provided that the time limits pursuant to section 3084.8 are met. The appellant shall mail the appeal and supporting documents to the third level Appeals Chief via the United States mail service utilizing his or her own funds, unless the appellant is indigent in which case the mailing of appeals to the third level of review shall be processed in accordance with indigent mail provisions pursuant to section 3138.
(e) If the appeal has been accepted and processed as an emergency appeal and the appellant wishes a third level review, the appellant must forward the appeal to the appeals coordinator who shall electronically transmit it to the third level Appeals Chief. The third level review shall be completed within five working days.
(f) An inmate or parolee or other person may assist another inmate or parolee with preparation of an appeal unless the act of providing such assistance would create an unmanageable situation including but not limited to: acting contrary to the principles set forth in sections 3163 and 3270, allowing one offender to exercise unlawful influence/assume control over another, require an offender to access unauthorized areas or areas which would require an escort, or cause avoidance or non-performance in assigned work and program activities. Inmates or parolees shall not give any form of compensation for receiving assistance or receive any form of compensation for assisting in the preparation of another's appeal. The giving or receiving of compensation is considered misconduct and is subject to disciplinary action.
(g) An inmate or parolee shall not submit an appeal on behalf of another person.
(h) Group appeal. If a group of inmates/parolees intend to appeal a policy, decision, action, condition or omission affecting all members of the group, one CDCR Form 602, Inmate/Parolee Appeal, shall be submitted describing the appeal issue(s) and action requested, accompanied by a CDCR Form 602-G (08/09), Inmate/Parolee Group Appeal, which is incorporated by reference, with the legible name, departmental identification number, assignment, housing, and dated signature of the inmate or parolee who prepared the appeal. Each page of the CDCR Form 602-G must contain the appeal issue, action requested, and a statement that all the undersigned agree with the appeal issue/action requested.
(1) The legible names of the participating inmates/parolees, departmental identification numbers, assignments, housing, and dated signatures shall be included in the space provided on the Inmate/Parolee Group Appeal form and no other signature page shall be accepted by the appeals coordinator.
(2) The inmate or parolee submitting the appeal shall be responsible for sharing the appeal response with the inmates or parolees who signed the appeal attachment.
(3) If the inmate or parolee submitting the appeal is transferred, released, discharged, or requests to withdraw from the group appeal, responses shall be directed to the next inmate or parolee listed on the appeal attachment who remains at the facility/region, and who shall be responsible for sharing the response with the other inmates or parolees identified on the appeal.
(4) An appeal shall not be accepted or processed as a group appeal if the matter under appeal requires a response to a specific set of facts (such as disciplinary and staff complaint appeals) that are not the same for all participants in the appeal. In such case, the group appeal shall be screened out and returned to the inmate or parolee submitting the appeal with directions to advise all those who signed the appeal attachment to submit individual appeals on their separate issues.
(5) Every inmate or parolee who signs a group appeal is ineligible to submit a separate appeal on the same issue.
(6) A group appeal counts toward each appellant's allowable number of appeals filed in a 14 calendar day period.
(i) Multiple appeals of the same issue. When multiple appeals are received from more than one inmate or parolee on an identical issue, each such appeal shall be individually processed. However, if other issues in addition or extraneous to the multiple appeal issue are contained in the submitted appeal, this particular complaint shall not be processed as a multiple appeal, but will be subject to processing as a separate, individual appeal.
(1) The original inmate or parolee, and as needed for clarification of issues, one or more of the other inmates or parolees, shall be interviewed.
(2) The appellant shall be provided with an appeal response. A statement shall be included in the response indicating that the appeal has been designated as one of multiple identical appeals for processing purposes and the same response is being distributed to each appellant.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 832.5(a) and 5054, Penal Code; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; and Section 35.107, Title 28, Code of Federal Regulations.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. New subsection (g) filed 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL 8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsection (a) and Note filed 4-7-95 as an emergency pursuant to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A Certificate of Compliance must be transmitted to OAL by 9-14-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and filed 7-25-95 (Register 95, No. 30).
7. Amendment of subsections (a)(1), (a)(2), (c) and (f)(1) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (a)(1), (a)(2), (c) and (f)(1) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of History 8 (Register 97, No. 24).
10. Certificate of Compliance as to 5-29-97 order, including amendment of subsection (c), transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
11. Amendment of section heading, repealer and new section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 12-13-2010 order, including amendment of subsections (b), (e)-(f) and (h)(6), transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.3. Supporting Documents.
Note • History
(a) An inmate or parolee shall obtain and attach all supporting documents, as described in section 3084(h), necessary for the clarification and/or resolution of his or her appeal issue prior to submitting the appeal to the appeals coordinator.
(b) The inmate or parolee shall not delay submitting an appeal within time limits established in section 3084.8 if unable to obtain supporting documents, but shall submit the appeal with all available supporting documents and in Part B of their CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, provide an explanation why any remaining supporting documents are not available. Time limits for filing an appeal are not stayed by failure to obtain supporting documentation and commence as set forth in subsection 3084.8(b).
(c) Failure to attach all necessary supporting documents may result in the appeal being rejected as specified in subsection 3084.6(b)(7). The appeals coordinator shall inform the inmate or parolee that the appeal is rejected because necessary supporting documents are missing. The appellant shall be allowed an additional 30 calendar days to secure any missing supporting documents and resubmit the appeal.
(d) The appeals coordinator may grant additional time extensions beyond the initial 30 calendar day extension if the inmate or parolee submits a reasonable explanation of why the supporting documents still are not available.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsection (b) and new subsections (b)(1)-(2) filed 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL 8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsection (a) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Cer-- tificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (a) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 6 (Register 97, No. 24).
8. Certificate of Compliance as to 5-29-97 order transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
9. Repealer and new section heading and section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-13-2010 order, including amendment of subsection (b), transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Note • History
(a) The following are deemed misuse or abuse of the appeals process and may lead to appeal restriction as described in subsection 3084.4(g).
(1) The submittal of more than one appeal for initial review within a 14 calendar day period is considered excessive, unless the inmate or parolee is submitting an emergency appeal.
(2) The repeated filing of appeals that have been cancelled pursuant to subsection 3084.6(c).
(3) The appeal submission contains information the appellant knows to be false or consists of a deliberate attempt at distorting the facts.
(4) The appeal contains threatening, grossly derogatory, slanderous or obscene statements and/or organic contamination is included in or makes up any part of the appeal package.
(5) The description of the problem and/or requested action deliberately exceeds the space provided on the 602 forms or the appeal is intentionally filed contrary to instructions.
(b) When an inmate or parolee submits appeals as described above in subsections 3084.4(a)(1)-(a)(5):
(1) The first appeal received shall be screened for routine processing.
(2) All subsequent non-emergency appeals submitted by that individual shall be screened and the appeals coordinator shall begin documenting any abuse as evidenced by the screening results.
(c) If an inmate or parolee persists in submitting excessive, demonstrably false, noncompliant or abusive appeals, as described in subsection 3084.4(a), he or she shall receive a warning letter from the appeals coordinator that will document the history and nature of appeal system abuse.
(d) If the abuse of process continues after the issuance of a warning letter, the appeals coordinator shall meet with the inmate or parolee in a timely manner before imposition of any restriction to provide instruction for the appropriate use of the appeals process and to rule out any unintended basis for non-compliance. If a face-to-face meeting is not possible, an agent acting on behalf of the appeals coordinator shall conduct the meeting.
(e) Excessive, demonstrably false, noncompliant or abusive appeals, as described in subsection 3084.4(a), submitted by an inmate or parolee after the issuance of a warning letter, pursuant to subsection 3084.4(c) above, shall be screened by the appeals coordinator to ensure they do not contain qualifying emergency issues.
(1) If the appeal contains emergency issues, as described in subsection 3084.9(a)(1), it shall be processed as an emergency appeal.
(2) If no such issue is determined to be present, the appeal shall be retained by the appeals coordinator pending placement of the appellant on appeal restriction by the third level Appeals Chief. The appellant shall be informed in writing why the appeal constitutes abuse of the appeal process and informed that appeal processing has been suspended pending determination of appeal restriction status.
(f) If the appeal abuse continues after the issuance of a warning letter and a face-to-face meeting, the request for placement on restriction shall be referred to the third level Appeals Chief for approval.
(g) Upon confirmation of continued abuse and verification that a face-to-face interview and warning letter have occurred, the third level Appeals Chief shall have the discretion to authorize preparation of a notice by the Appeals Coordinator restricting the inmate or parolee to one non-emergency appeal every 30 calendar days for a period of one year. Any subsequent violation of the appeal restriction shall result in an extension of the restriction for an additional one-year period upon approval by the third level Appeals Chief.
(h) If the third level Appeals Chief makes a decision not to place the inmate or parolee on appeal restriction, any appeal submitted by the inmate or parolee and retained pursuant to subsection 3084.4(e)(2) shall be returned to the inmate or parolee who may then resubmit a returned appeal if he or she desires to do so. Resubmitted appeals are not exempt from the standard submittal requirements set forth in this Article, except that the appellant's original submittal date of the appeal may serve to satisfy filing time requirements.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 148.6(a), 832.5(c) and 5054, Penal Code.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order including a clarifying change of subsections (a) and (b) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsections (a), (a)(1) and (a)(3), repealer and new subsection (a)(4), and amendment of subsections (b) and (d) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (a), (a)(1) and (a)(3), repealer and new subsection (a)(4), and amendment of subsections (b) and (d) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment of subsection (d), transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
7. Repealer and new section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-13-2010 order, including amendment of subsection (a)(3), transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.5. Screening and Managing Appeals.
Note • History
(a) Each institution head and parole region administrator shall designate an appeals coordinator at a staff position level no less than a Correctional Counselor II or Parole Agent II.
(b) The appeals coordinator or a delegated staff member under the direct oversight of the coordinator shall screen all appeals prior to acceptance and assignment for review.
(1) When an appeal indicates the inmate or parolee has difficulty describing the problem in writing or has a primary language other than English, the appeals coordinator shall ensure that the inmate or parolee receives assistance in completing and/or clarifying the appeal.
(2) When an appeal is received as an emergency appeal that does not meet the criteria for an emergency appeal as defined in subsection 3084.9(a), the appellant shall be notified that the appeal does not meet the criteria for processing as an emergency appeal and has been either accepted for regular processing or is rejected for the specific reason(s) cited.
(3) When an appeal is not accepted, the inmate or parolee shall be notified of the specific reason(s) for the rejection or cancellation of the appeal and of the correction(s) needed for the rejected appeal to be accepted.
(4) When an appeal is received that describes staff behavior or activity in violation of a law, regulation, policy, or procedure or appears contrary to an ethical or professional standard that could be considered misconduct as defined in subsection 3084(g), whether such misconduct is specifically alleged or not, the matter shall be referred pursuant to subsection 3084.9(i)(1) and (i)(3), to determine whether it shall be:
(A) Processed as a routine appeal but not as a staff complaint.
(B) Processed as a staff complaint appeal inquiry.
(C) Referred to Internal Affairs for an investigation/inquiry.
(5) If an appeal classified as a staff complaint includes other non-related issue(s), the provisions of 3084.9(i)(2) shall apply.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 832.5, 832.7, 832.8, 5054 and 5058.4(a), Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; and Section 35.107, Title 28, Code of Federal Regulations.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89. For prior history, see section 3003(a) and (b).
2. Certificate of Compliance as to 5-18-89 order including amendment of subsections (a) and (g) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. New subsection (a)(3)(F), amendment of subsection (b), new subsections (g) and (h), and relettering of subsection (g) to (i) filed 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL 8-31-92 and filed 10-7-92 (Register 92, No. 41).
5. New subsection (a)(3)(G) filed 2-1-93 as an emergency; operative 2-1-93 (Register 93, No. 6). A Certificate of Compliance must be transmitted to OAL 6-1-93 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-1-93 order transmitted to OAL 5-20-93 and filed 6-8-93 (Register 93, No. 24).
7. New subsection (a)(3)(H) and amendment of Note filed 4-7-95 as an emergency pursuant to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A Certificate of Compliance must be transmitted to OAL by 9-14-95 or emergency language will be repealed by operation of law on the following day.
8. New subsection (b)(4) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
9. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and filed 7-25-95 (Register 95, No. 30).
10. Amendment of subsections (c), (d) and (e)(1) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsections (c), (d) and (e)(1) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
12. Editorial correction of History 11 (Register 97, No. 24).
13. Certificate of Compliance as to 5-29-97 order transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
14. Repealer and new section heading and section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.6. Rejection, Cancellation, and Withdrawal Criteria.
Note • History
(a) Appeals may be rejected pursuant to subsection 3084.6(b), or cancelled pursuant to subsection 3084.6(c), as determined by the appeals coordinator.
(1) Unless the appeal is cancelled, the appeals coordinator shall provide clear and sufficient instructions regarding further actions the inmate or parolee must take to qualify the appeal for processing.
(2) An appeal that is rejected pursuant to subsection 3084.6(b) may later be accepted if the reason noted for the rejection is corrected and the appeal is returned by the inmate or parolee to the appeals coordinator within 30 calendar days of rejection.
(3) At the discretion of the appeals coordinator or third level Appeals Chief, a cancelled appeal may later be accepted if a determination is made that cancellation was made in error or new information is received which makes the appeal eligible for further review.
(4) Under exceptional circumstances any appeal may be accepted if the appeals coordinator or third level Appeals Chief conclude that the appeal should be subject to further review. Such a conclusion shall be reached on the basis of compelling evidence or receipt of new information such as documentation from health care staff that the inmate or parolee was medically or mentally incapacitated and unable to file.
(5) Erroneous acceptance of an appeal at a lower level does not preclude the next level of review from taking appropriate action, including rejection or cancellation of the appeal.
(b) An appeal may be rejected for any of the following reasons, which include, but are not limited to:
(1) The appeal concerns an anticipated action or decision.
(2) The appellant has failed to demonstrate a material adverse effect on his or her welfare as defined in subsection 3084(c).
(3) The inmate or parolee has exceeded the allowable number of appeals filed in a 14 calendar day period pursuant to the provisions of subsection 3084.1(f).
(4) The appeal contains threatening, obscene, demeaning, or abusive language.
(5) The inmate or parolee has attached more than one CDCR Form 602-A (08/09), Inmate/Parolee Appeal Form Attachment.
(6) The appeal makes a general allegation, but fails to state facts or specify an act or decision consistent with the allegation.
(7) The appeal is missing necessary supporting documents as established in section 3084.3.
(8) The appeal involves multiple issues that do not derive from a single event, or are not directly related and cannot be reasonably addressed in a single response due to this fact.
(9) The appeal issue is obscured by pointless verbiage or voluminous unrelated documentation such that the reviewer cannot be reasonably expected to identify the issue under appeal. In such case, the appeal shall be rejected unless the appellant is identified as requiring assistance in filing the appeal as described in subsection 3084.1(c).
(10) The inmate or parolee has not submitted his/her appeal printed legibly in ink or typed on the lines provided on the appeal forms in no smaller than a 12-point font or failed to submit an original.
(11) The appeal documentation is defaced or contaminated with physical/organic objects or samples as described in subsection 3084.2(b)(4). Appeals submitted with hazardous or toxic material that present a threat to the safety and security of staff, inmates, or the institution may subject the appellant to disciplinary action and/or criminal charges commensurate with the specific act.
(12) The appellant has attached dividers or tabs to the appeal forms and/or supporting documents.
(13) The appeal is incomplete; for example, the inmate or parolee has not provided a signature and/or date on the appeal forms in the designated signature/date blocks provided.
(14) The inmate or parolee has not submitted his/her appeal on the departmentally approved appeal forms.
(15) The inmate or parolee has submitted the appeal for processing at an inappropriate level bypassing required lower level(s) of review, e.g., submitting an appeal at the third level prior to lower level review.
(16) The appeal issue or complaint emphasis has been changed at some point in the process to the extent that the issue is entirely new, and the required lower levels of review and assessment have thereby been circumvented.
(c) An appeal may be cancelled for any of the following reasons, which include, but are not limited to:
(1) The action or decision being appealed is not within the jurisdiction of the department.
(2) The appeal duplicates an inmate or parolee's previous appeal upon which a decision has been rendered or is pending.
(3) The inmate or parolee continues to submit a rejected appeal while disregarding appeal staff's previous instructions to correct the appeal including failure to submit necessary supporting documents, unless the inmate or parolee provides in Part B of the CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, a reasonable explanation of why the correction was not made or documents are not available.
(4) Time limits for submitting the appeal are exceeded even though the inmate or parolee had the opportunity to submit within the prescribed time constraints. In determining whether the time limit has been exceeded, the appeals coordinator shall consider whether the issue being appealed occurred on a specific date or is ongoing. If the issue is ongoing, which may include but is not limited to, continuing lockdowns, retention in segregated housing, or an ongoing program closure, the inmate or parolee may appeal any time during the duration of the event; however, the inmate or parolee is precluded from filing another appeal on the same issue unless a change in circumstances creates a new issue.
(5) The appeal is submitted on behalf of another person.
(6) The issue is subject to a department director level review independent of the appeal process such as a Departmental Review Board decision, which is not appealable and concludes the appellant's departmental administrative remedy pursuant to the provisions of section 3376.1.
(7) The appellant is deceased before the time limits for responding to an appeal have expired and the appeal is not a group appeal.
(8) The appellant refuses to be interviewed or to cooperate with the reviewer.
(A) The appellant's refusal to be interviewed or to cooperate with the reviewer shall be clearly articulated in the cancellation notice.
(B) If the appellant provides sufficient evidence to establish that the interviewer has a bias regarding the issue under appeal, the appeals coordinator shall assign another interviewer.
(9) The appeal is presented on behalf of a private citizen.
(10) Failure to correct and return a rejected appeal within 30 calendar days of the rejection.
(11) The issue under appeal has been resolved at a previous level.
(d) Group appeals shall not be cancelled at the request of the submitting individual unless all of the inmate signatories are released, transferred, or agree to withdraw the appeal.
(e) Once cancelled, an appeal shall not be accepted except pursuant to subsection 3084.6(a)(3); however, the application of the rules provided in subsection 3084.6(c) to the cancelled appeal may be separately appealed. If an appeal is cancelled at the third level of review, any appeal of the third level cancellation decision shall be made directly to the third level Appeals Chief.
(f) An appeal may be withdrawn by the appellant by requesting to have the processing stopped at any point up to receiving a signed response. The request for the withdrawal shall identify the reason for the withdrawal in section H of the CDCR Form 602, Inmate/Parolee Appeal and shall be signed and dated by the appellant. If there is an agreed upon relief noted in writing at the time of a withdrawal and the relief is not provided when and as promised, then the failure to provide the agreed upon relief may be appealed within 30 calendar days of the failure to grant the promised relief. The withdrawal of an appeal does not preclude further administrative action by the department regarding the issue under appeal. A withdrawn staff complaint shall be returned to the hiring authority to review for possible further administrative action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and 5054, Penal Code; Sections 19570, 19575.5, 19583.5 and 19635, Government Code.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order including amendment of subsection (b) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsections (b)(1)-(5), repealer and new subsection (b)(6)(D), amendment of subsections (b)(7) and (c), and repealer of subsections (c)(1) and (c)(2) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b)(1)-(5), repealer and new subsection (b)(6)(D), amendment of subsections (b)(7) and (c), and repealer of subsection (c)(1) and (c)(2) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment, transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
7. Repealer and new section heading and section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.7. Levels of Appeal Review and Disposition.
Note • History
(a) All appeals shall be initially submitted and screened at the first level unless the first level is exempted. The appeals coordinator may bypass the first level for appeal of:
(1) A policy, procedure or regulation implemented by the department.
(2) A policy or procedure implemented by the institution head.
(3) An issue that cannot be resolved at the division head level such as Associate Warden, Associate Regional Parole Administrator, PIA manager or equivalent.
(4) Serious disciplinary infractions.
(b) The second level is for review of appeals denied or not otherwise resolved to the appellant's satisfaction at the first level, or for which the first level is otherwise waived by these regulations. The second level shall be completed prior to the appellant filing at the third level as described in subsection 3084.7(c).
(1) A second level of review shall constitute the department's final action on appeals of disciplinary actions classified as “administrative” as described in section 3314, or of minor disciplinary infractions documented on the CDC Form 128-A (rev. 4-74), Custodial Counseling Chrono, pursuant to section 3312(a)(2), and shall exhaust administrative remedy on these matters.
(2) Movies/videos that have been given a rating of other than “G”, “PG”, or “PG-13” by the Motion Picture Association of America are not approved for either general inmate viewing pursuant to section 3220.4 or for viewing within the classroom, and will not be accepted for appeal at any level. The first level shall be waived for appeals related to the selection or exclusion of a “G”, “PG”, or “PG-13” rated or non-rated movie/video for viewing and the second level response shall constitute the department's final response on appeals of this nature.
(3) Civil addict/releasee exclusion appeals. Civil addicts or releasees may appeal a staff recommendation for exclusion from the civil addict program, unless the recommendation is based upon a commitment to prison, deportation, or releasee-at-large status. A second level review shall constitute the department's final response on appeals of this type.
(c) The third level is for review of appeals not resolved at the second level, or:
(1) When the inmate or parolee appeals alleged third level staff misconduct or appeals a third level cancellation decision or action.
(2) In the event of involuntary psychiatric transfers as provided in subsection 3084.9(b).
(d) Level of staff member conducting review.
(1) Appeal responses shall not be reviewed and approved by a staff person who:
(A) Participated in the event or decision being appealed. This does not preclude the involvement of staff who may have participated in the event or decision being appealed, so long as their involvement with the appeal response is necessary in order to determine the facts or to provide administrative remedy, and the staff person is not the reviewing authority and/or their involvement in the process will not compromise the integrity or outcome of the process.
(B) Is of a lower administrative rank than any participating staff. This does not preclude the use of staff, at a lower level than the staff whose actions or decisions are being appealed, to research the appeal issue.
(C) Participated in the review of a lower level appeal refiled at a higher level.
(2) Second level review shall be conducted by the hiring authority or designee at a level no lower than Chief Deputy Warden, Deputy Regional Parole Administrator, or the equivalent.
(3) The third level review constitutes the decision of the Secretary of the California Department of Corrections and Rehabilitation on an appeal, and shall be conducted by a designated representative under the supervision of the third level Appeals Chief or equivalent. The third level of review exhausts administrative remedies; however, this does not preclude amending a finding previously made at the third level.
(e) At least one face-to-face interview shall be conducted with the appellant at the first level of review, or the second level if the first level of review is bypassed, unless:
(1) The appellant waives the interview by initialing the appropriate box on the CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal. An appellant's waiver of the interview shall not preclude staff from conducting an interview in the event of staff determination that an interview is necessary.
(2) The reviewer has decided to grant the appeal in its entirety.
(3) The appeal is a request for a Computation Review Hearing, in which case the initial interview shall occur at the second level of review.
(4) The appellant is not present at the institution or parole region where the appeal was filed.
(A) In such case, a telephone interview with the appellant shall meet the requirement of a personal interview. If the appeal concerns a disciplinary action, the telephone interview may be waived if the appeals coordinator determines an interview would not provide additional facts.
(B) The response must note that the interview was conducted by telephone, explain the extraordinary circumstances that required it, and state why a face-to-face interview was not possible under the circumstances.
(C) If the appellant is not available for a telephone interview, the reviewer may request that a suitable employee in the jurisdiction where the appellant is located complete the interview and provide a report.
(f) An interview may be conducted at any subsequent level of review when staff determine that the issue under appeal requires further clarification.
(g) When a group or multiple appeal is received, one or more of the participating inmates/parolees shall be interviewed to clarify the issue(s).
(h) At the first and second level of review, the original appeal, within the time limits provided in section 3084.8, shall be returned to the appellant with a written response to the appeal issue providing the reason(s) for each decision. Each response shall accurately describe the matter under appeal and fully address the relief requested. If the decision is a partial grant, the response shall clarify for each requested action whether it is granted, granted in part, or denied, and shall also state the action taken.
(i) Modification orders issued by the institution, parole region, or by the third level of review shall be completed within 60 calendar days of the appeal decision which determined the need for a modification order. Reasonable documented proof of completion of the modification order shall accompany the completed order, or a statement shall be added by the responder clarifying the action taken and why documentation is not available.
(1) If it is not possible to comply with the modification order within 60 calendar days, staff responsible for complying with the modification order shall advise the local appeals coordinator every 30 calendar days of the reason for the delay and provide a projected date of completion. If the modification order was imposed by the third level of review, the local appeals coordinator shall notify the third level Appeals Chief every 30 calendar days of the reason for the delay and provide a projected date of completion.
(2) When it is clear that the modification order cannot be completed in the allotted time, the appeals coordinator shall advise the appellant of the reason for the delay and the anticipated date of completion. This process shall occur every 30 calendar days until the modification order is completed. All time constraints for an appellant to submit an appeal to the next level are considered postponed up to 120 days until the completion of a previous level modification order. Thereafter, the appellant must submit his/her appeal to the next level within 30 calendar days of receiving the modification order response.
(3) If the modification order is not completed after 120 calendar days of the issuance, the appellant may submit the appeal to the next level for administrative review within 30 calendar days.
(4) If the appellant transfers prior to the completion of the modification order, the originally assigned institution or parole region shall retain responsibility for completion of the modification order as specified in subsection 3084.7(i), including cases where the receiving institution or parole region provides the actual relief.
(5) In cases where a modification order is issued on an emergency appeal, the order shall specify the timeframe for the completion of the action granted. The appeals coordinator, if granted at the second level of review, and the third level Appeals Chief or designee, if granted at the third level of review, shall notify the hiring authority by electronic transmission of the emergency timeframe for completion of the granted action.
NOTE
Authority cited: Section 5058 and 10006(b), Penal Code. Reference: Sections 5054 and 10006(b), Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; and Section 35.107, Title 28, Code of Federal Regulations.
HISTORY
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89. For prior history, see section 3325(c).
2. Certificate of Compliance as to 5-18-89 order including amendment of subsections (a) and (d) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
3. Editorial correction of printing errors in subsections (f)(1)(B) and (g)(2) (Register 92, No. 5).
4. Amendment of subsection (e)(4) and new subsections (h)(3), (i)(2)(c)1. and 2., and (k) filed 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-6-92 order including amendment of subsections (e)(4) and (i)(2)(C)1. transmitted to OAL 8-31-92 and filed 10-7-92 (Register 92, No. 41).
6. New subsection (l) and amendment of Note filed 4-7-95 as an emergency pursuant to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A Certificate of Compliance must be transmitted to OAL by 9-14-95 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and filed 7-25-95 (Register 95, No. 30).
8. New subsections (m)-(m)(3) and amendment of Note filed 6-28-96 as an emergency; operative 6-28-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 1-6-97 or emergency language will be repealed by operation of law on the following day.
9. Editorial correction of subsection (m)(3) (Register 96, No. 51).
10. New subsections (m)-(m)(3) and amendment of Note refiled 12-19-96 as an emergency; operative 12-19-96 (Register 96, No. 51). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-28-97 or emergency language will be repealed by operation of law on the following day.
11. Repealer of subsection (a)(1)(D), amendment of subsections (a)(2)(A), (b)(2), (d)(4), (d)(4)(A) and (e)(1), repealer of subsections (h) and (h)(1), renumbering of old subsections 3084.7(h)(2) and (h)(3) to new subsections 3391(b) and (c), subsection relettering, and amendment of newly designated subsection (k) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 12-19-96 order, incorporating relettering from 12-23-96 order and further amending section and Note, transmitted to OAL 4-14-97 and filed 5-23-97 (Register 97, No. 21).
13. Repealer of subsection (a)(1)(D), amendment of subsections (a)(2)(A), (b)(2), (d)(4), (d)(4)(A) and (e)(1), repealer of subsections (h) and (h)(1), renumbering of old subsections 3084.7(h)(2) and (h)(3) to new subsections 3391(b) and (c), subsection relettering, and amendment of newly designated subsection (k) refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of subsection (j)(1) and History 13 (Register 97, No. 24).
15. Certificate of Compliance as to 5-29-97 order, including amendment of subsections (b)(2) and (k), transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
16. New subsections (m)-(m)(4) and amendment of Note filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
17. Repealer and new section heading and section and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Note • History
(a) Time limits for reviewing appeals shall commence upon the date of receipt of the appeal form by the appeals coordinator.
(b) An inmate or parolee must submit the appeal within 30 calendar days of:
(1) The occurrence of the event or decision being appealed, or;
(2) Upon first having knowledge of the action or decision being appealed, or;
(3) Upon receiving an unsatisfactory departmental response to an appeal filed.
(c) All appeals shall be responded to and returned to the inmate or parolee by staff within the following time limits, unless exempted pursuant to the provisions of subsections 3084.8(f) and (g):
(1) First level responses shall be completed within 30 working days from date of receipt by the appeals coordinator.
(2) Second level responses shall be completed within 30 working days from date of receipt by the appeals coordinator.
(3) Third level responses shall be completed within 60 working days from date of receipt by the third level Appeals Chief.
(d) Exception to the time limits provided in subsection 3084.8(c) is authorized only in the event of:
(1) Unavailability of the inmate or parolee, or staff, or witnesses.
(2) The complexity of the decision, action, or policy requiring additional research.
(3) Necessary involvement of other agencies or jurisdictions.
(4) State of emergency pursuant to subsection 3383(c) requiring the postponement of nonessential administrative decisions and actions, including normal time requirements for such decisions and actions.
(e) Except for the third level, if an exceptional delay prevents completion of the review within specified time limits, the appellant, within the time limits provided in subsection 3084.8(c), shall be provided an explanation of the reasons for the delay and the estimated completion date.
(f) An appeal accepted as an emergency appeal shall be processed within the time frames set forth in subsections 3084.9(a)(4) and (a)(5).
(g) An appeal of the involuntary psychiatric transfer of an inmate or parolee shall be made directly to the third level pursuant to subsection 3084.9(b), within 30 calendar days of receipt of the hearing decision on the need for involuntary transfer.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; and Section 35.107, Title 28, Code of Federal Regulations.
HISTORY
1. New section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3084.9. Exceptions to the Regular Appeal Process.
Note • History
(a) Emergency appeals. Emergency appeals should not be used by inmates or parolees as a substitute for verbally or otherwise informing staff of an emergency situation requiring immediate response.
(1) When circumstances are such that the regular appeal time limits would subject the inmate or parolee to a substantial risk of personal injury or cause other serious and irreparable harm, the appeal shall be processed as an emergency appeal. Emergency circumstances include, but are not limited to:
(A) Threat of death or injury due to enemies or other placement concerns.
(B) Serious and imminent threat to health or safety.
(2) An emergency appeal shall be submitted directly to the appeals coordinator and shall include a clear description of the circumstances warranting emergency processing. A request for emergency processing of an appeal that clearly does not meet the criteria for emergency processing or is made for the purpose of circumventing normal procedures or obtaining an expedited response may be considered misuse or abuse of the appeals process.
(3) If the appeals coordinator determines emergency processing is unwarranted, the inmate or parolee shall be notified and the appeal shall be processed pursuant to subsection 3084.5(b)(2).
(4) If emergency processing is warranted, the first level shall be waived and the second level review shall be completed within five working days.
(b) Involuntary psychiatric transfers. An inmate or parolee may appeal the written decision of an involuntary psychiatric transfer, pursuant to subsection 3379(d), directly to the third level. A copy of the hearing decision shall be attached to the CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, but the absence of such documentation shall not be cause for rejection of the appeal.
(c) Joint Venture Program (JVP) employer related grievances.
(1) Any current or former Joint Venture inmate-employee who believes he/she has a grievance regarding a wage and hour or retaliation claim against a JVP employer shall submit the written grievance to the JVP Chief.
(2) The JVP Chief shall attempt to resolve all complaints.
(3) Time frames for filing grievances will be governed by the Division of Labor Standards Enforcement's (DLSE) statutes of limitations, including but not limited to, Labor Code section 98.7 and Code of Civil Procedure sections 337, 338, and 339, for the appropriate type of complaint.
(4) If the inmate is dissatisfied with the JVP Chief's decision, the inmate may file a complaint with the Labor Commissioner.
(d) Parole period and term computation appeals. Parole period and term computation appeals shall be reviewed at the first level by the department's records staff. The inmate or parolee must state in detail the alleged error or reason for disputing the calculation of his or her release date.
(1) Records staff shall research the relevant case factors and document the findings. If the appeal is denied, the denial shall be delivered by records staff or by the appropriate caseworker to the appellant who shall sign and date a CDC Form 1031 (8-88), Acknowledgement of Receipt.
(2) The inmate or parolee may request a Computation Review Hearing that constitutes the second level review. The inmate or parolee shall be notified at least 24 hours prior to the hearing via the CDC Form 1032 (12/86), Notice of Time, Date, and Place of Computation Review Hearing, but may sign a voluntary waiver of such notice.
(3) The inmate or parolee shall be provided a copy of the CDC Form 1033 (8-88), Computation Review Hearing Decision, at the conclusion of the hearing.
(e) California Prison Industry Authority (CALPIA) health and safety complaints.
(1) A health and safety complaint should not be used by inmates as a substitute for verbally or otherwise informing staff of an urgent health or safety situation requiring immediate response.
(2) Pursuant to Labor Code and Industrial Relations regulations, an inmate who believes a health or safety hazard exists in a CALPIA operation shall deposit a written complaint in a readily accessible complaint box or give the complaint to any CALPIA staff member who shall submit it to the CALPIA health and safety committee for review and response. The committee shall undertake all authorized levels of review and referral.
(f) Property appeals. All property loss or damage arising from the same event or action for a single appellant shall be included in one appeal.
(1) An inmate or parolee who is appealing missing/damaged property that he or she believes occurred as a result of an error made by the receiving entity or by the transportation unit during the transfer of his/her property shall submit the appeal to the appeals coordinator of the receiving institution/region.
(2) An inmate or parolee who is appealing missing/damaged property that he or she alleges occurred as a result of an error made by the sending entity during the transfer from one institution/region to another institution/region, shall submit the appeal to the appeals coordinator of the receiving institution/region who will forward it to the sending institution/region for processing.
(3) The appeals coordinator shall process the appeal for a first level response.
(A) An attempt shall be made by staff to assess the damaged property and/or conduct a thorough search to locate the missing property.
(B) An attempt shall be made by staff to research the appellant's claim utilizing departmental inmate property records.
(4) If an administrative decision is made that the department is responsible for loss or damage to the appellant's property pursuant to section 3193, an attempt by staff to use donated property to substitute for or replace lost property at no cost to the state, or any effort to repair damaged property at institution expense, will be made prior to awarding monetary compensation for the loss.
(5) An appellant's refusal to accept repair, replacement, or substitution of like items and value shall be cause to deny the appeal. When denying an appeal on this basis, the reviewer must state why the replacement offered to the appellant is considered an equivalent item and value.
(6) The provisions of subsection 3193(b) shall apply when monetary compensation is determined to be the appropriate remedy.
(7) Before payment of any granted claim, the inmate or parolee shall discharge the state from further liability for the claim if required pursuant to Government Code section 965.
(8) The document denying a property claim appeal shall inform the appellant of the right to submit a claim directly with the Victim Compensation and Government Claims Board and shall provide the mailing address for such filing.
(9) An inmate or parolee who intends to submit a claim with the Victim Compensation and Government Claims Board shall adhere to the rules and timeframes governing those claims, which may be more restrictive than those of the CDCR appeals process.
(g) Disciplinary Appeals.
(1) A disciplinary action cannot be appealed until the hearing process is completed, including any re-hearing.
(2) Inmates who wish to exhaust their administrative remedies for “serious” disciplinary issues pursuant to section 3315 must appeal through the third level of review.
(h) Transfer Appeals. A decision for transfer to another institution may be appealed by the affected inmate after the transfer endorsement by the classification staff representative.
(1) Filing of an appeal of a transfer decision shall not normally be cause to stay or delay a transfer except in extraordinary circumstances and at the discretion of the Warden or designee.
(2) Regular transfer appeals:
(A) The first level of appeal shall be waived.
(B) If the appeal is granted at second level, the appellant's case shall be presented to a second classification staff representative for reconsideration.
(C) If the second classification staff representative disagrees with institution's recommendation, the institution head may submit the case to the departmental review board for final decision.
(D) If the appeal is denied at second level or the institution head does not refer the case to the departmental review board, the appellant may appeal at the third level.
(3) Reception center transfer appeals:
(A) First level review shall be conducted by the reception center's correctional administrator.
(B) If the appeal is granted, the appellant may be retained at the reception center until the case is presented to a second classification staff representative only if the proposed transfer poses a threat to the health or safety of the appellant.
(C) If the second classification staff representative disagrees with the first level appeal decision, the appellant may resubmit the appeal for second level review.
(D) Second level review shall be conducted by the institution head, who may retain the appellant at the reception center as a second level review action and refer the appeal to the departmental review board for resolution. The board's decision shall constitute final review.
(i) Staff complaints. A staff complaint filed by an inmate or parolee shall be processed as an appeal pursuant to this Article, not as a citizen's complaint. However, any appeal alleging misconduct by a departmental peace officer as defined in subsection 3291(b) shall be accompanied by the subsection 3391(d) Rights and Responsibility Statement.
(1) An inmate or parolee alleging staff misconduct by a departmental employee shall forward the appeal to the appeals coordinator. Only after the appeal has been reviewed and categorized as a staff complaint by the hiring authority or designee at a level not below Chief Deputy Warden, Deputy Regional Parole Administrator, or equivalent level shall it be processed as a staff complaint. If the hiring authority makes a determination that the complaint shall not be accepted as a staff complaint, it shall be processed as a routine appeal pursuant to subsection 3084.5(b)(4)(A).
(2) When an appeal is accepted alleging staff misconduct that also includes any other issue(s), the appeals coordinator at the time the appeal is accepted as a staff complaint shall notify the inmate or parolee that any other appeal issue(s) may only be appealed separately and therefore resubmission of those issues is required if the intention is to seek resolution of such matters. Upon receiving such a notice, the inmate or parolee has 30 calendar days to submit separate appeal(s) regarding the other issue(s).
(3) All appeals alleging staff misconduct will be presented by the appeals coordinator to the hiring authority or designee within five working days. The hiring authority will review the complaint and determine if:
(A) The allegation warrants a request for an Internal Affairs investigation as the alleged conduct would likely lead to adverse personnel action. The case will be referred for an Internal Affairs investigation as instructed by the hiring authority.
(B) The allegation does not warrant a request for an Internal Affairs investigation in which case a confidential inquiry shall be completed by the reviewer. An inquiry shall be conducted whenever the appeal is designated as a staff complaint but is not referred to the Office of Internal Affairs (OIA) or when the matter is declined by the OIA.
1. A confidential report shall summarize the review and include a determination of the findings concerning the allegation. This document shall not be provided to the appellant. It shall be kept in the appeal file in the Appeals Office and no other copies shall be kept or maintained except as herein described or as needed for Third Level review or litigation. This document is strictly confidential to all inmates and any staff except those involved in the inquiry process or litigation involving the department.
2. The accused staff may review the confidential report in the appeals office upon approval of the litigation coordinator, but if any information relating to other staff is contained in the confidential document, a copy shall be made and that information redacted prior to the review. Neither the original nor the copy shall leave the appeals office except as required for litigation and any redacted copy shall be placed with the original after review.
3. The assigned reviewer will interview the appellant and as many witnesses as necessary to reach a determination concerning the allegation. The subject(s) of the staff complaint may be interviewed by a person trained to conduct administrative interviews and will be given notice of the interview at least 24 hours prior to the interview. If the subject chooses to waive the 24-hour requirement, he/she must indicate this at the time they are given notice. If waived, the subject may be interviewed immediately.
4. A confidential inquiry shall review the information available to determine whether policy was violated.
(4) The institution's appeal response to a staff complaint shall inform the appellant of either:
(A) The referral for investigation and the status of the investigation. Additionally, the appellant shall be notified of the outcome at the conclusion of the investigation.
(B) The decision to conduct a confidential inquiry and whether the findings determined that the staff in question did or did not violate departmental policy with regard to each of the specific allegation(s) made.
(5) A staff complaint alleging excessive or inappropriate use of force shall be addressed pursuant to the procedures described in sections 3268 through 3268.2.
(6) An appeal alleging staff misconduct by an appeals coordinator shall be reviewed by the hiring authority for determination of processing.
NOTE
Authority cited: Section 5058, Penal Code; and Section 6304.3, Labor Code. Reference: Sections 148.6, 832.5, 832.7, 832.8, 5054 and 5058.4, Penal Code; Sections 935.6, 965, 3300-3313, 19570-19575.5, 19583.5 and 19635, Government Code; Sections 98.7 and 6304.3, Labor Code; Sections 337, 338 and 339, Code of Civil Procedure; Sections 344.40, 344.41, 344.42 and 344.43, Title 8, Industrial Relations, California Code of Regulations; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; Wolff v. McDonnell (1974) 418 U. S. 539, 558-560; and Vasquez v. State of California, 105 Cal.App.4th 849 (2003) as implemented by the Stipulated Injunction and Order entered by the Superior Court of San Diego County in Case No.GIC-740832.
HISTORY
1. New section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-13-2010 order, including repealer of subsection (a)(5), transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3085. Americans With Disabilities Act.
History
Explanation: Departmental compliance with the Americans with Disabilities Act (ADA) is currently under the supervision of federal courts as specified in Court Ordered Remedial Plans articulated in the Armstrong v. Schwarzenegger (previously: Armstrong v. Davis) case. Accordingly, departmental ADA practices, including offender ADA appeal rights are currently carried out in accordance with an Armstrong Remedial Plan (ARP) established by the court of jurisdiction.
Note: Armstrong v. Schwarzenegger (2002) USDC-ND (No. C-94- 2307-CW); Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328.
HISTORY
1. New section and forms filed 4-7-95 as an emergency pursuant to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A Certificate of Compliance must be transmitted to OAL by 9-14-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and filed 7-25-95 (Register 95, No. 30).
3. Repealer of section and Form CDC 1824, new explanatory paragraph and amendment of Note filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Article 8.5. Written Request Process
§3086. Inmate/Parolee Request for Interview, Item or Service.
Note • History
(a) Inmates and parolees may request interviews with staff and/or request items and services via a written request process. The objectives of timely resolution of routine matters through an effective and non-conflictive communication process shall be facilitated by the practices set forth in this article, which shall be henceforth applied uniformly toward that end. Department staff shall attempt to resolve inmate and parolee issues expeditiously.
(b) The written request process may be used when the inmate or parolee seeks a response to an issue or concern related to his or her confinement or parole.
(c) The department shall ensure that inmates and parolees will have access to the CDCR Form 22 (10/09), Inmate/Parolee Request for Interview, Item or Service, which is incorporated by reference. This form shall be made readily available in:
(1) All inmate housing units, general or segregated.
(2) All institutional libraries.
(3) Any facility under the department's jurisdiction, whether residential or medical, where inmates are required to remain more than 24 hours.
(4) All parole field offices.
(d) The Inmate/Parolee Request for Interview, Item or Service form will provide:
(1) A written method for an inmate or parolee to address issues and concerns with staff and/or to request items and services.
(2) A record of the date the form was first presented to staff, and the date of each staff response.
(e) When seeking response to a written request for an interview, item, or service, the inmate or parolee shall complete the Request for Interview, Item or Service form to describe his or her request. The inmate shall deliver or mail via institutional mail the completed form to any staff member who is able to respond to the issue. The parolee shall deliver or mail via the United States Postal Service the completed form to his or her parole agent, who shall respond to the issue or, as appropriate, route the form to another staff member who is able to respond to the issue.
(1) If the inmate or parolee mails the form, the receipted copy of their request may also be returned by staff via the mail.
(2) As the written request process does not stay the time constraints for filing an appeal, the inmate or parolee is not precluded from filing an appeal on the same issue prior to receiving a response to their written request. However, the appeal may be rejected by the appeals coordinator or designee with instructions to complete the request form process before resubmitting the appeal.
(f) Upon receipt of an inmate or parolee completed Request for Interview, Item or Service form, the employee shall:
(1) Accept, date and sign the form.
(2) Provide to the inmate or parolee the bottom copy of the employee signed form, which shall serve as the inmate's or parolee's receipt to verify the date of submittal. The employee, at his or her discretion, can respond to the request at this time or wait until he or she has more time to respond within the constraints of this article.
(3) The receipt of an inmate- or parolee-completed form does not preclude a staff member from forwarding the document to a more appropriate responder; however, employees shall either deliver the form to the staff member or place it in institutional mail addressed to the intended staff member within 24 hours.
(4) Within three working days after receipt of the form, the responding employee shall:
(A) Note his or her decision or action on the form.
(B) Sign and date the form.
(C) Retain a copy for his or her records.
(D) Return the original and remaining copy of the form to the inmate or parolee.
(g) If the inmate or parolee is dissatisfied with or disagrees with the staff member's response, he or she may submit the Request for Interview, Item or Service form to the employee's supervisor for review, while retaining a copy for his or her records. Only in the absence of the staff member's supervisor may the inmate or parolee submit the form to another supervisor of the office or unit in question.
(h) Within seven calendar days of receipt of the Request for Interview, Item or Service form, the supervisor shall:
(1) Indicate a decision or action on the form.
(2) Sign and date the form.
(3) Ensure a copy is made and retained in the facility records for a period no less than prescribed for inmate correspondence in the approved departmental records retention schedule.
(4) Return the original to the inmate or parolee.
(i) An inmate or parolee's documented use of a Request for Interview, Item or Service form does not constitute exhaustion of administrative remedies as defined in subsection 3084.1(b).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 148.6, 832.5 and 5054, Penal Code; Section 19583.5, Government Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Civil Rights of Institutionalized Persons Act; Title 42 U.S.C. Section 1997 et seq., Public Law 96-247, 94 Stat. 349; Section 35.107, Title 28, Code of Federal Regulations; and Wolff v. McDonnell (1974) 418 U. S. 539, 558-560.
HISTORY
1. New article 8.5 (section 3086) and section filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Subchapter 2. Inmate Resources
Article 1. Canteens
§3090. Inmate Canteen Establishment and Draw Limits.
Note • History
(a) Each facility shall establish an inmate canteen pursuant to penal code section 5005 enabling inmate purchases of approved merchandise. Facility staff shall consult with representatives of the inmate population when determining items to be stocked in the canteen for resale to the inmates.
(b) The maximum monthly canteen draw authorized by the Secretary is $220.00. An inmate's regular canteen purchase shall not exceed the limits specified in section 3044 or the inmate trust account balance, whichever is less.
(c) Inmates shall be permitted to deduct from their trust accounts for canteen purchases by signing a canteen sales receipt.
(d) An inmate's trust account deductions for canteen purchases shall not be restricted beyond limits established by the Secretary for all inmates in like work groups, except by formal disciplinary action for a violation involving canteen or the intentional or negligent destruction, damage, or misuse of state property, or in accordance with subsections 3315(f)(5)(K) and 3315(f)(5)(M).
(e) Trust account statements showing current balances shall be issued to those inmates submitting written requests, provided 90 days have elapsed since their previous request.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5005 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
4. Amendment of subsections (a) and (c) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
5. Amendment of section heading, text and Note filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
6. Amendment of subsection (b) filed 3-8-2001; operative 4-7-2001 (Register 2001, No. 10).
7. Amendment of subsections (b) and (c) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
8. Amendment of subsection (d) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
§3091. Inmate Canteen Operation.
Note • History
(a) A current list of approved available merchandise, the price of each item, and the canteen operating hours shall be conspicuously posted at each canteen. Copies shall be made available to inmates denied direct access to the canteen.
(b) Canteen draw schedules shall:
(1) Be published at least once every six months.
(2) Be posted in each housing unit at each facility and camp.
(3) Include no less than three canteen draw dates each month based on the last two digits of the inmate's department identification number.
(4) Each inmate shall be entitled to no less than one draw each month.
(c) When purchasing merchandise, inmates shall be required to:
(1) Complete an itemized order list prior to purchasing canteen items.
(2) Place a clear thumbprint or three fingerprints on the canteen sales receipt.
(3) Sign the canteen sales receipt to authorize the Trust Account withdrawal and verify the amount purchased.
(4) Segregated inmates shall sign the approved canteen shopping list prior to submitting it to the segregation unit staff authorizing the Trust Account withdrawal, and upon receipt of the merchandise, shall sign the approved institution distribution forms to verify the amount purchased and received.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5005, 5006 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of section heading, text and Note filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
3. Repealer of subsection (b)(2), subsection renumbering, amendment of newly designated subsection (b)(3), new subsection (b)(4), amendment of subsections (d)(2)-(3) and repealer and new subsection (d)(4) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
4. Repealer of subsection (c) and subsection relettering filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).
§3092. Special Inmate Canteen Purchases. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5006 and 5054, Penal Code.
HISTORY
1. Amendment of section heading and text and new Note filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
2. Amendment relocating former section 3092 to section 3190(e)-(f) filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
3. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
4. Amendment relocating former section 3092 to section 3190(h) and (p) filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3093. Canteen Yard and Cash Register Cards.
Note • History
(a) Facilities may issue IWF Form 22, Canteen Yard Cards (Rev. 8/90), for inmate use in making canteen purchases. Inmates shall not alter such card, nor possess or control another inmate's card or other approved means of canteen purchase.
(b) A transferring inmate's IWF Form 22 shall be returned to the canteen cancelled and its value credited to the inmate's trust account.
(c) Annually on May 31, IWF Form 22 of a color different from that currently used shall be issued and the previous color no longer honored. The facility shall post, in conspicuous locations available to every inmate, a written notice of the IWF Form 22 exchange. Inmates may, before June 30, exchange their old IWF Form 22 for new or for credit to their trust account. Exception: IWF Form 22 of the previous color may be exchanged after June 30 for inmates who were out-to-court or in any inpatient medical or mental health facility during the exchange period.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5005, 5006 and 5054, Penal Code.
HISTORY
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Amendment of section heading, text and Note filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
3. Amendment of subsections (b) and (c) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
§3094. Exceeding Inmate Canteen Limits.
Note • History
Inmates shall not possess canteen items and IWF Form 22, Canteen Yard Card (Rev. 8/90), with a combined value exceeding the monthly canteen limit established in section 3044. Excess canteen items and IWF Form 22 shall be confiscated and stored in a secure area pending a disciplinary hearing and resolution of any appeal of the matter.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5005, 5006 and 5054, Penal Code.
HISTORY
1. Amendment of section heading and text and new Note filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
§3095. Nonroutine Canteen Draws.
Note • History
(a) A newly arrived inmate may within 30 days of arrival be permitted to make purchases at the canteen during any scheduled draw. Such exceptions shall not be made for the inmate's subsequent draws.
(b) Conservation camp inmates shall submit their request for canteen draw to the camp lieutenant or designee.
(c) Segregated inmates shall not be permitted to go to the canteen and shall submit their canteen shopping list to the segregation unit staff.
(d) Infirmary patients shall submit their requests for canteen purchases to the infirmary unit staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5005 and 5054, Penal Code.
HISTORY
1. Repealer and new section filed 10-14-93; operative 11-15-93 (Register 93, No. 42).
2. Amendment of subsections (a)-(c) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
Article 1.5. Inmate Wages and Deductions
§3097. Inmate Restitution Fine and Direct Order Collections.
Note • History
(a) When an inmate owes any obligation pursuant to a direct order of restitution imposed by a court, the department shall deduct 30 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits, regardless of the source of such income, subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 33 percent. A maximum deduction of 33 percent shall remain in effect through December 31, 2004 at which time subsection (b) shall take effect.
(b) Effective January 1, 2005, when an inmate owes any obligation pursuant to a direct order of restitution imposed by a court, the department shall deduct 40 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits regardless of the source of such income, subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 44 percent. A maximum deduction of 44 percent shall remain in effect through December 31, 2006 at which time subsection (c) shall take effect.
(c) Effective January 1, 2007 and thereafter, when an inmate owes any obligation pursuant to a direct order of restitution imposed by a court, the department shall deduct 50 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits regardless of the source of such income, subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 55 percent.
(d) When an inmate owes any obligation pursuant to a restitution fine imposed by a court, the department shall deduct 30 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits, regardless of the source of such income, subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 33 percent. The amount deducted, less the administrative fee, shall be transferred to the California Victim Compensation and Governing Claims Board for deposit in the Crime Victims' Restitution Fund in the State Treasury. The inmate shall be credited for the amount deducted, less the administrative fee, against the amount owing on the fine. A maximum deduction of 33 percent shall remain in effect through December 31, 2004 at which time subsection (e) shall take effect.
(e) Effective January 1, 2005, when an inmate owes any obligation pursuant to a restitution fine imposed by a court, the department shall deduct 40 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits regardless of the source of such income subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 44 percent. The amount deducted, less the administrative fee, shall be transferred to the California Victim Compensation and Government Claims Board for deposit in the Crime Victims' Restitution Fund in the State Treasury. The inmate shall be credited for the amount deducted, less the administrative fee, against the amount owing on the fine. A maximum deduction of 44 percent shall remain in effect through December 31, 2006 at which time subsection (f) shall take effect.
(f) Effective January 1, 2007 and thereafter, when an inmate owes any obligation pursuant to a restitution fine imposed by a court, the department shall deduct 50 percent or the balance owing, whichever is less, from the inmate's wages and trust account deposits regardless of the source of such income subject to the exemptions enumerated in subsection (j). In addition, an administrative fee of 10 percent of the deduction shall be deducted to reimburse the department for its administrative costs, for a maximum deduction of 55 percent. The amount deducted, less the administrative fee, shall be transferred to the California Victim Compensation and Government Claims Board for deposit in the Crime Victims' Restitution Fund in the State Treasury. The inmate shall be credited for the amount deducted, less the administrative fee, against the amount owing on the fine.
(g) When an inmate owes both a restitution fine and a direct order of restitution from a sentencing court, the department shall collect on the direct order(s) of restitution first. Upon satisfaction of the direct order(s) of restitution, collection of any unsatisfied restitution fine(s) shall commence until paid in full.
(h) Fines and direct orders of restitution shall be collected from inmates/parolees who owe restitution while the inmate/parole violator remains under the jurisdiction of the department, with certain exceptions, set out in subsection (j).
(i) Fines and direct orders of restitution may be collected from inmates and parole violators housed in a Reception Center, Community Correctional Center, Community Correctional Facility, Community Correctional Reentry Center, Restitution Community Correctional Center or Return to Custody Substance Abuse Treatment Facility. Fines and direct orders of restitution may also be collected from inmates in the Community Prisoner Mother, Family Foundations Programs and the Alternative Custody Program.
(j) Joint Venture Program deposits, funds designated to pay the costs of a family visit (“family visit funds”), Temporary Community Leave funds, federal disability payments, veteran benefits, any reimbursement to an inmate as a result of a claim for lost or damaged property, or money reimbursed to an inmate due to a failed attempt to purchase merchandise are exempt from deductions for fines and direct orders of restitution enumerated in subsections (a), (b), (c), (d), (e), and (f).
(k) Family visit funds and Temporary Community Leave funds shall be so designated by the sender on Form 1839 (Rev. 5/97), Exemption of Family Visit/Temporary Community Leave Funds From Restitution Fines/Orders, to be completed in its entirety and returned to staff with the appropriate funds. Any funds received for either of these two purposes that are not accompanied by the prescribed form, properly completed, shall be deposited in the inmate's trust account and shall be subject to a deduction for restitution pursuant to subsections (a), (b), (c), (d), (e), and (f).
(l) Existing funds from the inmate's trust account can be used to pay for a family visit or a Temporary Community Leave. Upon the inmate's request, a hold will be placed on a specified portion of these funds to pay for the upcoming family visit or Temporary Community Leave. The inmate shall not use these designated funds for any other purpose other than the planned family visit or Temporary Community Leave. Should the family visit or Temporary Community Leave not take place then the hold previously placed on the funds shall be removed and no restitution deduction shall be made.
(m) If the family visit does not occur, then the funds designated for the family visit on Form 1839 (Rev. 5/97), shall have a permanent hold placed on them in the inmate's trust account for a future family visit or until the inmate is released on parole. Should the inmate transfer to another institution, the hold shall be removed, the funds deposited into the inmate's trust account, and no restitution deduction shall be made.
(n) If the Temporary Community Leave does not occur, then the funds designated for the leave on Form 1839 (Rev. 5/97), shall be refunded to the sender.
(o) Any remaining balance on the Temporary Community Leave fund for a Temporary Community Leave that took place shall be refunded to the sender.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05, 2085.5 and 5054, Penal Code.
HISTORY
1. New section filed 9-16-92 as an emergency; operative 9-16-92 (Register 92, No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-24-92 and filed 2-8-93 (Register 93, No. 7).
3. Amendment of section filed 10-17-95 as an emergency pursuant to Penal Code section 5058(e); operative 10-17-95 (Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL by 3-25-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance, including amendment of section, as to 10-17-95 order transmitted to OAL 3-15-96 and filed 4-24-96 (Register 96, No. 17).
5. Editorial correction of subsection (a) (relettered to subsection (b)) (Register 98, No. 9).
6. Amendment of section heading, new subsections (a), (c), and (e), subsection relettering, and amendment of newly designated subsections (b), (d), and (f)-(j) filed 2-26-98 as an emergency pursuant to Penal Code section 5058(e); operative 2-26-98 (Register 98, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-5-98 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section heading, new subsections (a), (c) and (e), subsection relettering, and amendment of newly designated subsections (b), (d) and (f)-(j) refiled 8-11-98 as an emergency pursuant to Penal Code section 5058(e); operative 8-11-98 (Register 98, No. 33). A Certificate of Compliance must be transmitted to OAL by 1-19-99 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-11-98 order, including further amendment of subsections (a) and (b), transmitted to OAL 9-25-98 and filed 11-4-98 (Register 98, No. 45).
9. Amendment of section and Note filed 5-27-2003; operative 7-1-2003 (Register 2003, No. 22).
10. Amendment of section and Note filed 6-18-2004 as an emergency; operative 6-18-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-29-2004 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-18-2004 order transmitted to OAL 11-16-2004 and filed 12-30-2004 (Register 2004, No. 53).
12. Amendment of subsection (i) and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
14. Amendment of subsection (i) and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
15. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
16. Amendment of subsection (i) and Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3099. Inmate Trust Account Interest.
Note • History
(a) Beginning January 1, 2009, interest earned on Inmate Trust Account deposits shall be distributed to qualifying inmates' trust accounts based upon the average daily balance in their trust account. A qualifying inmate is one who has provided a Social Security Account Number or a Taxpayer ID Number and that number has been validated with either the Social Security Administration or Internal Revenue Service.
(b) Interest will be distributed in whole penny increments. (Interest will not be rounded up to the next penny).
(c) Inmate Trust Account funds shall be deposited into an interest bearing account within the California State Treasury.
(d) The State Treasury account bears interest quarterly. Operational costs shall be deducted from the interest earned on that account prior to disbursal of the remainder to qualifying inmate trust accounts on a monthly basis. The interest rate paid to inmates will be determined by reducing the rate earned to a rate that will allow maximum distribution of available interest to qualifying inmates. The rate paid will not exceed the rate earned.
(e) Inmates with validated U. S. Social Security Account numbers or validated Tax ID numbers shall be eligible to receive interest.
(f) Inmates who have received $10 or more interest during a tax year shall have a Form 1099INT filed by CDCR.
(g) Interest distribution shall occur monthly and be subject to all normal debts and obligations including restitution.
(h) Costs for providing interest such as charges by Social Security Administration for validation of Social Security Numbers, cost of forms for reporting, and mailing costs will be deducted from the interest earned prior to distribution to inmates.
(i) The balance of the interest earned is the amount remaining after distribution of whole penny increments plus interest earned on non-qualifying inmate trust accounts less cost of providing interest. The balance of interest earned remaining at the end of a fiscal year shall be deposited into the Inmate Welfare Fund for the benefit of all inmates.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5008 and 5054, Penal Code.
HISTORY
1. New section filed 12-16-2008 as an emergency; operative 12-16-2008 (Register 2008, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-26-2009 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-16-2008 order transmitted to OAL 5-22-2009 and filed 6-17-2009 (Register 2009, No. 25).
Article 2. Handicraft
§3100. Handicraft Program Participation.
Note • History
(a) Each institution or their designee may establish a handicraft program based on, but not limited to, the following conditions:
(1) possible threat to facility security,
(2) space availability,
(3) sufficient staffing, and
(4) available funding.
(b) Only those inmates in Privilege Groups A and B are eligible to apply for participation in the handicraft program and must submit CDC Form 165 (Rev 7/95), Application for Handicraft Privilege.
(c) Approval may be granted to those inmates whom, in the judgement of the institution head or their designee, intend serious participation and have the skills or the potential and an interest to develop the skills required for the craft.
(d) The reason(s) for denying an inmate handicraft privileges shall be documented on Form 165 (Rev 7/95), Application for Handicraft Privilege, and returned to the inmate with their application.
(e) An inmate's right to own, sell or convey personal property, including all written and artistic material produced or created by that inmate shall be governed by Section 2601 of the Penal Code.
(f) Handicraft projects or tools necessary for completion of handicraft projects shall be restricted to the extent necessary to provide for the reasonable security of the facility and the protection of persons and shall be subject to review by the institution head or their designee.
(g) Only those items approved by the institution head or their designee shall be manufactured. A project shall not be approved under any one or more of the following circumstances:
(1) The size of the materials would exceed the limits established pursuant to section 3101.
(2) The proposed quantities of the finished item for sale would exceed probable demands.
(3) The inmate's loan request for the cost of materials exceeds the limit established by the institution head or their designee.
(h) Handicraft projects, tools, and materials within a designated handicraft area, shall be controlled by staff and may be stored in a designated secured storage area of the facility, dependant upon space availability at the institution/facility.
(i) Inmates shall not work on a project or participate in any other handicraft activity during their scheduled work/training assignment hours.
(j) Supplies and materials for a project shall not be ordered until the project is approved by the institution head or their designee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2600, 2601, 5006 and 5054, Penal Code.
HISTORY
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Amendment of section heading, section and Note filed 3-20-96; operative 4-19-96 (Register 96, No. 12).
3. Amendment of subsection (h) filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
Note • History
Inmates assigned to handicraft programs may possess handicraft articles and materials in their quarters/living area. Any authorized handicraft items in excess of six cubic feet of space shall be confiscated and disposed of in accordance with Section 3191(c).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3102. Suspension or Termination.
(a) Violation of institution handicraft procedures may result in the inmate being denied participation in the program. Such denial through disciplinary action will be for a specific period of time in keeping with the seriousness of the violation. Participation in handicraft programs or in specific handicraft projects may be terminated or suspended as a result of classification committee action which changes the inmate's custodial classification, housing, or other circumstances which preclude handicraft or specific kinds of handicraft activity.
(b) Upon suspension or termination of handicraft through disciplinary action, classification committee action, or upon the inmate's voluntary termination of handicraft activity, all personally-owned handicraft tools and materials will be placed in institution storage, or at the inmate's option and own expense, shipped to any person designated by the inmate. If placed in institution storage, tools and materials will be returned to the inmate no later than the time of release from the institution.
Comment: Former DP-2203, suspension of privilege.
Inmates may give gifts of handicraft items produced by themselves to any correspondent or visitor, subject to institution procedures for doing so. No limitation will be placed upon the number of gifts or estimated value of gifts that may be given in total or to any one person, except that no gift may be given to or be accepted by an employee of the Department of Corrections.
Comment: Former DP-2204, handicraft gifts.
§3104. Inmate Handicraft Sales.
Note • History
(a) Handicraft items may be sold to the public only at the facility and as otherwise may be specifically authorized by the institution head.
(b) The sale price of handicraft items shall be set by the inmate. An additional 10 percent mark up shall be added to the price of all articles placed for sale.
(1) One percent of the mark up shall be given to the inmate for the purpose of refunding duplicate sales tax paid on raw materials used in the handicraft articles sold.
(2) Nine percent of the mark up shall be deposited into the Inmate Welfare Fund for the purpose of offsetting administrative costs.
(c) Inmate handicraft items shall not be sold or given to other persons for the purpose of resale, except as set forth in subsection (a).
Comment: Former DP-2205, dealing in handicraft.
Former DP-2206, sales of handicraft.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2812 and 2813, Penal Code.
HISTORY
1. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
2. Amendment of section heading and subsection (a), new subsection (b), subsection relettering, and amendment of newly designated 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.
3. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
4. Amendment of section heading and subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (c) filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
6. Amendment of subsection (b), new subsections (b)(1)-(2) and amendment of Note filed 5-6-2002; operative 6-5-2002 (Register 2002, No. 19).
§3105. Handicraft Program Assistance to Indigent Inmates.
Note • History
The institution head or their designee may authorize loans from the inmate welfare fund (IWF) to help indigent inmates purchase materials for their initial or continued participation in the handicraft program. The institution head or their designee shall establish a limit on the dollar amount of IWF loans. A hold for the amount of the loan shall be placed on the trust account of such an inmate until the loan is fully repaid.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2813, 5006 and 5054, Penal Code.
HISTORY
1. Amendment of section heading, section and new Note filed 3-20-96; operative 4-19-96 (Register 96, No. 12).
Inmates must use only materials purchased from their own funds or approved for their use by the institution's designated supervisor of the handicraft program in the manufacture of handicraft articles.
Comment: Former DR-2201, source of handicraft materials.
§3107. Donating Items to the Institution.
Note • History
Inmates may donate handicraft items, articles, tools, and materials to the institution for use by other inmates who are properly enrolled in approved handicraft programs. Such donations shall be recorded by the institution's supervisor of handicraft programs.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY
1. Amendment of section heading and section and new Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
History
(a) Inmates may not employ another inmate or inmates in the manufacture of any handicraft article.
(b) Inmates may collaborate in the manufacture of handicraft articles only with the prior and specific approval of the institution's designated supervisor of the handicraft program. All inmates involved in such joint productions or creations shall be given recognition if the article is disposed of as a gift by or through the institution. If sold, all inmates involved in its production or creation are to share in any profit as determined by the institution's supervisor of the handicraft program.
Comment: Former DR-2203, subcontracting handicraft production.
HISTORY
1. Amendment of subsection (b) filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
§3109. Business Dealings. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2812, Penal Code.
HISTORY
1. Repealer and new section filed 10-7-82, effective thirtieth day thereafter (Register 82, No. 41).
2. Editorial correction filed 2-19-85 (Register 85, No. 8).
3. Repealer 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.
4. Reinstatement of section as it existed prior to emergency repeal filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
5. Repealer filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
Article 3. Library
§3120. Inmate Library Requirements.
Note • History
(a) Each warden shall ensure a library, law library and related services are maintained for the benefit of all inmates in their facility, including those inmates confined to segregated housing units. A library access schedule shall be approved by the warden and posted throughout the facility.
(b) Material that contains any of the characteristics listed in sections 3006(a) and (c) shall be prohibited from inmate libraries unless specifically authorized by the institution head.
(c) To check out material from a library, each inmate shall:
(1) Present photo identification card as required.
(2) Sign a trust account withdrawal order.
(3) Display the materials to staff when leaving the library.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601 and 5054, Penal Code; Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); and Bounds v. Smith, 97 S.Ct. 1491 (1977), 430 U.S. 817.
HISTORY
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Amendment filed 6-30-93; operative 7-30-93 (Register 93, No. 27).
3. Certificate of Compliance as to 12-27-95 order including amendment of subsection (b) and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
4. Amendment of subsection (c)(1) and Note filed 10-22-2012; operative 11-21-2012 (Register 2012, No. 43).
§3121. Library Restrictions and Penalties.
Note • History
(a) No books or other reference material shall be removed from an inmate library without the librarian's authorization.
(b) Books or other library material checked out to an inmate shall not be loaned to or borrowed by another inmate, and shall be returned to the library as required.
(c) Inmates whose checked out library material is lost, damaged, or stolen shall be subject to disciplinary actions and may also be charged for the costs of repair or replacement of the material and may be denied or have restrictions placed upon their library privileges.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Editorial correction of printing error in Note (Register 92, No. 5).
3. Renumbering and amendment of former section 3122 to section 3121 and renumbering and amendment of former section 3121 to section 3122 filed 6-30-93; operative 7-30-93 (Register 93, No. 27).
Note • History
(a) Each facility shall provide legal materials through its law library to provide inmates with meaningful access to the courts.
(b) Inmates who have established court deadlines may apply for Priority Legal User (PLU) status to the prison law libraries. Inmates who are granted PLU status based on their application shall receive higher priority to prison law library resources than other inmates. All inmates who are not on PLU status are on General Legal User (GLU) status.
(1) An established court deadline may be either a court imposed deadline for an active case or a statutory deadline. Inmates who apply for PLU status based on a court imposed deadline must show documentation from the court to verify that deadline. Inmates who apply for PLU status based on a statutory deadline must identify the legal rule that compels the deadline.
(2) An inmate who is represented by an attorney for a case shall not be eligible for PLU status for any established court deadline pertaining to that case. An inmate with attorney representation for the established court deadline shall be entitled to GLU status only.
(3) Inmates shall complete and sign a CDCR Form 2171 (Rev. 9/09), Priority Library User (PLU) Request and Declaration, which is incorporated by reference, to apply for PLU status. The Form 2171 shall include check boxes for inmates to designate their established court deadlines. The Form 2171 shall also include a check box for inmates to confirm that they do not have attorney representation for their listed deadline.
(4) Except under extraordinary circumstances beyond staff control, law library staff shall have seven calendar days after receipt of the completed and signed Form 2171 to process an inmate's application for PLU status and make a decision to approve or disapprove the application. Staff members who disapprove an inmate's application shall provide the reasons for their disapproval on the form and shall provide a copy of that document to the inmate.
(5) An inmate who is found to have provided false information on his or her application for PLU status shall be guilty of an administrative rule violation and shall not be able to obtain PLU status based on that application.
(6) An inmate may receive PLU status within 30 calendar days of his or her established court deadline unless the inmate can demonstrate need for a longer period of PLU status based on extraordinary circumstances beyond the inmate's control.
(7) PLU status is intended to assist inmates to do legal work in a quiet law library setting. An inmate on PLU status who, while in the law library, is observed by staff to act in an unreasonably disruptive manner or to engage in non-legal work shall be removed from the PLU list and shall be dismissed from the library for that day. Inmates who are removed from the PLU list for these reasons shall be ineligible to reapply for PLU status for 30 calendar days, but may continue to use the law library on GLU status.
(c) Inmates may not in any way trade, transfer, or delegate their PLU status to other inmates. An inmate who assists another inmate in the preparation of legal documents, as described in section 3163, may not use the PLU status of the inmate being assisted.
(d) An inmate in a facility without a law library and requesting access to such resources shall be transferred to a facility with a law library of departmental choosing for the period of time needed to complete legal work.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (N.D. Cal. 1970); Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report of the Monitor, August 19, 1987; and Toussaint v. Rowland, USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor, June 30, 1988: Zatko v. Rowland, 835 F.Supp. 1174 (N.D. Cal. 1993); Lewis v. Casey, 518 U.S. 343 (1996).
HISTORY
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Renumbering and amendment of former section 3121 to section 3122 and renumbering and amendment of former section 3122 to section 3121 filed 6-30-93; operative 7-30-93 (Register 93, No. 27).
3. Amendment of subsection (a), new subsections (b)-(c), subsection relettering and amendment of Note filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
§3123. Access to Law Libraries.
Note • History
(a) Physical law library access means physical entry into a facility law library for the purpose of using its legal resources. A facility law library includes, but is not limited to, a print law library or the Law Library Electronic Delivery System (LLEDS) with any necessary print supplements.
(b) All inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts. Inmates on PLU status may receive a minimum of 4 hours per calendar week of requested physical law library access, as resources are available, and shall be given higher priority to the law library resources. Inmates on GLU status may receive a minimum of 2 hours per calendar week of requested physical law library access, as resources are available.
(c) When unable to physically access the law library, an inmate may request access to legal material through delivery of those materials to the inmate by library staff. This process is referred to as law library paging. An inmate shall not be limited to law library paging for access to legal materials except under extraordinary circumstances including, but not limited to, the following:
(1) The inmate is directly under a prison lockdown or modified program.
(2) The inmate is under restricted movement due to his or her medical status.
(3) The inmate has been suspended from physical access to the law library pending investigation of a serious rule violation.
(d) Inmates who are limited to law library paging due to a lockdown or modified program shall, whenever possible, have their law library access restored within 16 calendar days unless a high security risk continues to exist to prohibit physical law library access.
(e) When inmates are limited to law library paging for any reason as described in section 3123(c), law library staff must deliver the requested legal material to their cells as soon as possible, but no later than 16 calendar days from the date of the paging request.
(f) Disciplinary action for an inmate who is found to be guilty of a serious rule violation pertaining to law library resources, facilities, or staff may include a suspension of all physical law library access for up to 90 calendar days. This action does not preclude an inmate from pursuing legal research through the reasonable use of law library paging, beginning three calendar days after the date of suspension until the suspension period ends.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (N.D. Cal. 1970); Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report of the Monitor, August 19, 1987; Toussaint v. Rowland, USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor, June 30, 1988; Zatko v. Rowland, 835 F.Supp. 1174 (N.D. Cal. 1993); Lewis v. Casey, 518 U.S. 343 (1996).
HISTORY
1. New section filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
2. Amendment of subsections (c)(1) and (d) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
§3124. Content of Law Libraries.
Note • History
(a) Each institution shall maintain at least one law library for the use of inmates, in print and/or by means of the Electronic Law Library Delivery System with any necessary print supplements. Except for items that are out of print, the law library collection shall include, but shall not be limited to, the following current and updated legal materials or their equivalents from other publishers:
(1) West's Annotated California Codes.
(2) West's California Digest (latest edition).
(3) West's California Reporter, volumes 1 to 286.
(4) West's California Reporter, Second Series, volumes 1 to 135.
(5) West's California Reporter, Third Series, volumes 1 to date.
(6) Witkin and Epstein, California Criminal Law (latest edition).
(7) Continuing Education of the Bar, California Criminal Law Procedure and Practice (latest edition).
(8) Continuing Education of the Bar, Appeals and Writs in Criminal Cases (latest edition).
(9) United States Code Annotated.
(10) West's Federal Practice Digest (latest edition).
(11) Supreme Court Reporter, volumes 70 to date.
(12) Federal Reporter, Second Series, volumes 176 to 999.
(13) Federal Reporter, Third Series, volumes 1 to date.
(14) Federal Supplement, volumes 180 to 999.
(15) Federal Supplement, Second Series, volumes 1 to date.
(16) United States Law Week (newspaper), one year backfile.
(17) Shepard's United States Citations.
(18) Shepard's Federal Citations.
(19) Shepard's California Citations.
(20) A recognized law dictionary, such as Black's or Ballantine's (latest edition).
(b) Each institution shall also make supplemental legal materials available to inmates from an outside source. Except for items that are out of print, the supplemental legal materials shall include, but shall not be limited to, the following legal materials or their equivalents from other publishers:
(1) Federal Supplement, volumes 1 to 179.
(2) United States Supreme Court Reports, Lawyers' Edition, First Series, volumes 1 to 93.
(3) California Reports, First Series.
(4) California Reports, Second Series.
(5) California Appellate Reports, First Series.
(6) Federal Rules Decisions.
(7) Corpus Juris Secundum.
(8) California Jurisprudence (latest edition).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Gilmore v. Lynch, 319 F.Supp. 105 (N.D. Cal. 1970); Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C 73-1422 SAW, First Special Report of the Monitor, August 19, 1987; Toussaint v. Rowland, USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report of the Monitor, June 30, 1988; Zakto v. Rowland, 835 F.Supp. 1174 (N.D. Cal. 1993); Lewis v. Casey, 518 U.S. 343 (1996).
HISTORY
1. New section filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
Article 4. Mail
Note • History
The California Department of Corrections and Rehabilitation (CDCR) encourages correspondence between inmates and persons outside the correctional facility. The sending and receiving of mail by inmates shall be uninhibited except as specifically provided for in this article. The Regulations contained in this article shall provide for the orderly processing of inmate mail and to give direction to staff, inmates, and their correspondents concerning facility mail requirements. Mail shall be delivered to inmates, regardless of housing, unless it is contraband pursuant to section 3006, or is disturbing or Offensive Correspondence pursuant to section 3135.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(d) and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY
1. Repealer of Article 4 (Sections 3130-3143) and new Article 4 (Sections 3130-3147) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41). For prior history, see Registers 78, No. 33; 78, No. 12; 77, No. 40; 77, No. 20; 77, No. 9 and 76, No. 31.
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
Note • History
Each warden or head of a correctional facility shall prepare and maintain a plan of operation for the sending and receiving of mail for all inmates housed in the facility. Procedures of the correctional facility shall conform to the policies, regulations and the provisions of law made reference to and shall apply to all inmates of the facility. Correctional staff shall promptly inform each newly received inmate of all department regulations and local procedures governing inmate mail.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2080, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3132. Responsibility and Compliance.
Note • History
(a) Correspondents are personally responsible for the content of each item of mail they send into or out of a correctional facility. All persons corresponding with inmates must comply with existing laws, regulations and local rules. Any violation of laws governing mail will be referred to postal authorities and to appropriate criminal authorities. Violations of law, the policies and regulations set forth in this article, or of approved facility mail procedures may result in the temporary suspension or denial of correspondence between the persons involved.
(b) Departmental employees, inmates and persons corresponding with inmates must comply with the regulations set forth in this article and with approved facility mail procedures. Failure to do so may result in legal or administrative measures against the person or persons involved.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 2930, 5054 and 5058, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY
1. Amendment of subsection (a) filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3133. Definitions and Disposition of Mail.
Note • History
(a) Definitions:
(1) First-Class Mail is all mail wholly or partly in writing or typewriting, all actual and personal correspondence, all bills and statements of account, and all matter sealed or otherwise closed against inspection. The maximum weight for a First-Class letter is 13 ounces. All First-Class Mail shall be delivered to the inmate as soon as possible, but not later than seven calendar days from receipt of the mail at the facility mailroom.
(2) Standard Mail, formerly called Bulk Mail, is used for advertising mail, catalogues, and newsletters of a non-personal nature that are not required to be mailed as First-Class Mail. The maximum weight for Standard Mail is 16 ounces.
(3) Periodicals are a class of mail consisting of magazines, newspapers or other publications formed of printed sheets that are published at least four times a year at regular, specified intervals from a known office of publication. The known office of publication must be a public office for transacting the business of the publication during normal business hours, and must also be the office where the publication's circulation records are available for USPS examination.
(4) Package Services are Parcel Post, bound Printed Matter, Media Mail, and Library Mail. With the exception of parole clothes and third party special purchase health appliances, inmates shall not be allowed to receive package services directly from personal correspondents. Packages containing parole clothes or third party special purchase health care appliances must be clearly marked with either “Parole Clothes” or “Health Care Appliance” on the outside of the package. Personal correspondents do not include the Courts, Law Firms, County, State and Federal Agencies, Publishers, Bookstores, Book Distributors, Religious Organizations that provide written materials only, etc.
(5) For purposes of this article, the definition of indigent inmate is an inmate who has $1.00 or less in their Inmate Trust Account for 30 consecutive days.
(b) All incoming and outgoing mail shall be handled in accordance with the following:
(1) All incoming mail shall be properly addressed. Appropriately addressed mail shall include the inmate's name and department identification number. The mail should also include the address designated by the institution for inmate mail. The receiving institution is required to update any mail piece that does not reflect accurate housing or institutional location. Standard Mail must be addressed to an individual inmate, showing their name, CDCR number and the address for the applicable institution.
(2) All outgoing mail shall be properly addressed, and shall be marked indicating that it originated from a California State Correctional Facility. If addressed to an inmate, it must contain the sender's name, department identification number and the return address designated by the institution for inmate mail, including housing. It shall also contain the recipient's name, address, city, state, and zip code.
(3) All incoming packages and non-confidential mail addressed to an inmate will be opened and inspected before delivery to the inmate. The purpose of inspection will be to receive or receipt any funds enclosed for deposit to the inmate's trust account, to verify and record the receipt of permitted personal property, and to prevent the introduction of contraband. All non-confidential inmate mail, incoming or outgoing, is subject to being read in its entirety by designated staff. All non-confidential inmate mail that is “returned to sender” shall be opened and inspected before being returned to the inmate.
(4) Facilities shall not require incoming books, magazines or newspapers to have an institution pre-approved “vendor approved” label affixed to the packaging. A departmentally approved vendor is any publisher, book store, or book distributor, that does mail order business. Books, periodicals or other publications that are mailed from a religious organization shall be considered as coming from an authorized vendor.
(c) Confidential Mail with Inmate Trust Account Withdrawals. Inmate confidential mail submitted with a CDC Form 193, Inmate Trust Withdrawal (Rev. 1/88), to pay for filing fees or other costs may be left unsealed so that the voucher (check) can be enclosed after the trust account withdrawal has been processed. Inmates who do not wish to forward this type of mail unsealed should attach a stamped, appropriately addressed envelope to the confidential mail so the check can be enclosed and forwarded in the extra envelope.
(d) Undelivered Mail. All undelivered letters and packages returned to a facility by the post office shall be opened and inspected before being returned to the inmate. This inspection is to determine if the content originated with the inmate sender identified on the letter or package, and to prevent the transmission of contraband, material, substances, and property that an inmate is not authorized to possess in the correctional facility. The inspection of returned mail includes regular mail and letters that were mailed as confidential correspondence. In the case of returned confidential correspondence, the envelope shall be opened in the presence of the inmate. It shall be examined and read to the degree necessary to determine if it was sent by the inmate and opened or tampered with before its return to the facility. Upon completion of this examination, the returned correspondence shall be given to the inmate. Any contraband found in the returned correspondence shall be confiscated and processed, and appropriate disciplinary action taken.
(e) Unmailed Correspondence. If any First-Class Mail is not accepted for mailing, or is accepted for mailing but is not properly mailed, the inmate shall be notified in writing of the reason for refusal to accept or to promptly mail the item(s). When the delay in mailing exceeds 5 business days, the notice shall be sent and include the disposition of such mail. Unless retention of such mail is required in administrative, legal, or disciplinary proceedings against the inmate or other persons, it shall be promptly mailed or returned to the inmate.
(f) Forwarding Mail. Mail received for an inmate who has been transferred from the facility where the mail is received shall be immediately forwarded to the facility or agency that has current custody of the inmate. Mail addressed to an inmate who has been transferred or released shall not be returned to the sender as “Addressee Unknown” unless the individual has been discharged from CDCR. First-Class Mail and Periodicals addressed to an inmate who has been transferred within the CDCR shall have a label affixed with the current address and shall be forwarded via the USPS. For inmates who have paroled, the affixed label shall state “Paroled Region #____”, and shall show that Parole Regions' address. Standard Mail with a “Mailer Endorsement” that was appropriately addressed, but is undeliverable because the inmate is no longer housed at the facility, shall be returned to the USPS for processing. Mailroom staff shall affix a label to the Standard Mail piece showing the correct address before returning it to the USPS for processing. For inmates who have paroled, the label affixed to the Standard Mail piece shall state “Paroled Region #____” and shall show that Parole Regions' address. The Mailer Endorsement will appear either near the address block or below the return address in the top left corner of the mail piece. A Mailer Endorsement may read “Address Service Requested”, or “Forwarding Service Requested”, or “Change Service Requested”, or “Return Service Requested”. Staff may dispose of any Standard Mail piece that does not have a Mailer Endorsement, and is undeliverable because the inmate is not currently housed at the institution. Daily newspapers that are delivered by courier will not be forwarded nor will they be held for an inmate who is temporarily away from the facility for longer than 72 hours. Exceptions will be made when the absence results from the inmate's participation in facility approved activities such as a community release program, firefighting or other disaster control assignments. Newspapers that are delivered by the USPS will have a forwarding address affixed and shall be returned to the USPS for processing.
(g) Forwarding Confidential Correspondence. All confidential correspondence for inmates that must be forwarded will be done on a daily basis. If delivery of confidential correspondence from the courts is impeded because the addressee's name and CDCR number do not conform to each other, the mailroom will contact the Litigation Coordinator who will telephone the court to clarify the identification of the addressee in order to expedite delivery of confidential correspondence. Staff will document their efforts to identify the addressee when confidential correspondence from the courts cannot be delivered.
(h) Temporary Absence. Mail shall be held for an inmate who is temporarily away from the facility when the inmate's return is anticipated within one week.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
HISTORY
1. Repealer of former section 3133 and renumbering of former section 3147 to new section 3133, including amendment of section heading and repealer and new section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3134. General Mail Regulations.
Note • History
(a) First-Class Mail can have the following items enclosed, including but not limited to:
(1) Photographs, with the exception of photographs with attached backing, framed photographs that cannot be searched, Polaroid's, negatives, and slides.
(2) Calendars.
(3) Blank greeting cards (No 3-dimensional attachments or stamps).
(4) Postage embossed envelopes, up to forty.
(5) Blank envelopes.
(6) Writing paper/tablets (white or yellow lined only -- no cotton paper).
(7) Typing paper (no cotton paper).
(8) Legal paper, to include colored paper required by court rules (no cotton paper).
(9) Children's drawings.
(10) Newspaper clippings, Internet downloaded articles, photocopies of clippings/articles, or electronic mail (e-mail). Prior to issuance they shall be reviewed to ensure that they comply with sections 3006 and 3135.
(11) Forty postage stamps. If there is a rate change, then forty stamps at the old rate, and 40 stamps at the amount needed to equal the new rate. No personalized postage stamps will be allowed.
The weight limit for First-Class Mail is 13 ounces, and for Standard Mail is 16 ounces. Photo albums can be obtained by the inmate from the canteen and the Vendor Package Program. Any unacceptable mail shall be immediately returned to the sender with the envelope annotated “Unauthorized Mail, Return to Sender”. Inmates shall be noticed pursuant to section 3136.
(b) Metered Envelopes. Metered reply envelopes sent in with correspondence must adhere to the following conditions:
(1) The postage amount must be enough to prepay the postage in full.
(2) Indicia may be printed directly on the mail piece or on a label and must be positioned appropriately.
(3) Indicia used to prepay reply postage must not show the date.
(4) The words “NO POSTAGE STAMP NECESSARY POSTAGE HAS BEEN PREPAID BY” must be printed above the address.
(c) Inspection of Incoming and Outgoing Packages will occur as follows:
(1) Facilities will establish and make available to all inmates procedures for shipping packages to their correspondents.
(2) Facilities will make available to all inmates local procedures for the receipt of packages from their correspondents in accordance with limits set for their assigned inmate work/training incentive group. A facility may refuse to deliver the package if the inmate is not qualified to receive it. If the package is in excess of the 30-pound limit, or is damaged, the package shall be returned to the vendor at the vendor's expense.
(3) All incoming packages addressed to an inmate shall be opened and inspected in the presence of the inmate. The contents of the package are inspected to record authorized personal property, and to prevent the introduction of contraband.
(4) Delivery by staff of packages, special purchases, and all publications, shall be completed as soon as possible but not later than 15 calendar days, except during holiday seasons such as Christmas, Easter, and Thanksgiving, and during lockdowns or modified programs of affected inmates.
(5) All packages shall be processed and issued from a designated distribution area. All outgoing packages shall be inspected for contraband prior to being sealed and mailed.
(d) Contests. Inmates shall not participate in any contest when a financial obligation is involved or when such participation shall result in expense to the facility beyond the cost of processing mail. If lottery tickets, lottery scratchers, or other contest materials, are discovered in incoming mail, the entire envelope and its contents shall be returned to sender with a pre-printed notice to the sender which states: “Unauthorized item”.
(e) Inmate Manuscripts. Manuscripts include, but are not limited to, written, typed or printed articles of fiction and nonfiction, poems, essays, gags, plays, skits, paintings, sketches, drawings, or musical compositions created by an inmate. Any manuscript remains the property of the inmate who created it. It may be retained in the inmate's possession, unless it violates sections 3006 or 3135. If unauthorized state materials have been used in the creation of a manuscript, the item shall be confiscated pending disciplinary action and reimbursement by the inmate for the state materials. Incoming and outgoing manuscripts shall be processed as regular mail in accordance with the provisions of this article.
(f) There shall be no limitations placed on the number of persons with whom an inmate may correspond.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct. 1861.
HISTORY
1. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
2. Editorial correction deleting duplicate sentence (Register 91, No. 11).
3. Editorial correction of printing error in Note (Register 92, No. 5).
4. Amendment filed 11-18-96; operative 12-18-96 (Register 96, No. 47).
5. Renumbering of former section 3134 to section 3138 and renumbering of former section 3138 to section 3134, including repealer and new section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
6. Amendment of subsection (c)(4) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
§3134.1. Processing of Publications.
Note • History
(a) Publications. Inmates may subscribe to, purchase, or have items sent in to them such as newspapers, periodicals, magazines or books. If subscriptions or books are purchased for the inmate by a third party or donated to an inmate, they must be mailed directly from a book store, book distributor, or publisher. Personal correspondents cannot mail books, periodicals, or other publications directly to inmates and state that they are a donation. There shall be no “Approved Vendor Lists” for any publications.
(b) Processing and Inspection of Incoming Magazines and Newspapers. All magazines and newspapers shall be inspected prior to issuance to ensure that they comply with sections 3006, 3134, and 3135. Attached free CD's and packaged samples of perfume, lotion, moisturizers, stickers, or any item deemed to be contraband, contained in magazines shall be removed; notification of such to the inmate is not required. No other items shall be removed from a magazine or other publication in order to issue it to an inmate.
(c) Processing and Inspection of Incoming Books. All incoming paperback and hardback books and any enclosures within them shall be inspected prior to issuance to ensure they comply with sections 3006, 3134, and 3135. For hardback books staff shall allow the inmate to determine whether to accept the book with the cover removed or, if that option is declined, decide how the book is to be disposed of per section 3191(c). If the inmate chooses to accept the book, staff shall insure the book does not violate any other departmental regulation, and then shall remove the entire cover in front of the inmate. Should such removal render the book unstable, staff shall take measures to ensure the book remains intact.
(d) Notification to Publisher for Disapproval of Publication. When incoming books, magazines, or publications to an inmate are withheld or disallowed, a letter shall be sent by the institution to the publisher explaining why the item was denied. A book, magazine, or publication denied to an inmate(s) based on a violation of departmental regulation or policy, and that has not previously been included on a centralized list of banned publications pursuant to subsection 3134.1(e), shall only require one notification letter per institution to be sent to the publisher. At a minimum the letter must include the reason why the book, magazine, or publication was denied, the names and CDCR number for all inmates, the applicable CCR section that the publication violates, and a notice to the Publisher of their right to appeal per section 3137(c). The letter must be sent within 15 calendar days of the determination to disallow the book, magazine or publication, with a copy of the notification letter and supporting documents to be retained by the facility for a minimum of seven years. The institution shall also notice the Division of Adult Institutions to request inclusion of the disallowed publication on the centralized list of banned publications. When incoming or outgoing publications addressed to or being sent by an inmate are withheld or disallowed, the inmate shall be informed via CDC Form 1819, Notification of Disapproval-Mail/Packages/Publications (Rev.-6/98) of the reason, disposition, name of official disallowing the publication, and the name of the official to whom an appeal can be directed.
(e) Centralized List Of Disapproved Publications. The Division of Adult Institutions shall distribute to each institution a centralized list of disapproved publications that are prohibited as contraband. Examples of publications that would be included on the centralized list would include, but not be limited to, publications that contain sexual content or nudity, warfare or weaponry, bomb making instructions, etc. Publications that are enumerated on this centralized list are not allowed in any institution. Local institutions may not add items to the centralized list. When a publication is placed on the centralized list, the Division of Adult Institutions shall send a letter to the publisher explaining why the publication was excluded. At a minimum, the letter must include the reason why the publication is excluded, the applicable CCR section that the publication violates, and a notice to the Publisher of its right to appeal per CCR subsection 3137(c). The letter must be sent within 15 calendar days of the determination to disapprove the publication, with a copy of the notification letter and supporting documents to be retained by the facility for a minimum of seven years.
NOTE
Authority cited: section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct. 1861.
HISTORY
1. New section filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3135. Disturbing or Offensive Correspondence.
Note • History
(a) Non-confidential correspondence may be disallowed if the text of such correspondence presents a danger, or a threat of danger, to any person. The authority to disallow such correspondence shall not be delegated below the staff level of Correctional/Facility Captain.
(b) Disagreement with the sender's or receiver's morals, values, attitudes, veracity, or choice of words will not be cause for correctional staff to disallow mail. Correctional staff shall not challenge or confront the sender or receiver with such value judgments.
(c) Certain correspondence, including but not limited to the following, is disallowed, regardless of values or morals, in order to ensure the safety and security of the institution/facility:
(1) Any mail of a character tending to incite murder, arson, a riot, or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.
(2) Threatens blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Concerns plans to escape or assist in an escape.
(5) Concerns plans to disrupt the order, or breach the security, of any institution/facility.
(6) Concerns plans for activities which violate the law, these regulations or local procedures.
(7) Contains coded messages.
(8) Describes the making of any weapon, explosive, poison, or destructive device.
(9) Contains illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.
(10) Contains maps depicting any area within a ten-mile radius of an institution/facility.
(11) Contains gambling or lottery information or paraphernalia.
(12) Contains material obscene in nature.
(13) Contains human or animal hair, substances, or fluids.
(d) Inmates shall not possess or have under their control obscene material and/or mail containing information concerning where, how, or from whom obscene material may be obtained. Obscene material means catalogs, advertisements, brochures, and/or material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest. It is material which taken as a whole, depicts or describes sexual conduct, and lacks serious literary, artistic, political, or scientific value. Additionally, material is considered obscene when it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it appeals to deviant sexual groups. Material subject to the test of the above includes, but is not limited to:
(1) Portrays sexually explicit materials, which are defined as materials that show frontal nudity including personal photographs, drawings, and magazines and pictorials that show frontal nudity.
(2) Portrays, displays, describes, or represents penetration of the vagina or anus, or contact between the mouth and genitals.
(3) Portrays, displays, describes, or represents bestiality, sadomasochism, or an excretory function, including urination, defecation, or semen.
(4) Portrays, displays, describes, or represents the nudity of a minor, or person who appears to be under 18 years old.
(5) Portrays, displays, describes, or represents conduct that appears to be non-consensual behavior.
(6) Portrays, displays, describes, or represents conduct that appears to be forceful, threatening, or violent.
(7) Portrays, displays, describes, or represents sexual conduct where one of the participants is a minor, or appears to be under 18 years old.
(e) If the receiver of any mail, confidential or nonconfidential, directs a written complaint to administrative staff of the department or to facility officials, consideration will be given to any reasonable remedy sought by the individual. This may include discussion of the complaint with the inmate in an attempt to resolve the matter, reading of all mail, including confidential mail, addressed to the individual, and either disallowing only that which appears to perpetuate the problem, or disallowing all mail to the individual. Complaints and requests for actions which would, if approved, restrict an inmate's correspondence, and any action taken in response to such complaints or requests, will be fully documented on a CDC Form 128B (Rev. 4-74). The inmate shall receive a copy of the documentation and the original shall be placed in the inmate's C-file.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY
1. Change without regulatory effect amending subsection (a) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3136. Disapproval of Inmate Mail.
Note • History
(a) Disapproval of inmate mail that is in clear violation of CCR sections 3006 or 3135 shall be referred to staff not below the level of Correctional/Facility Captain for determination and appropriate action. Disapproval of inmate mail that is not in clear violation of CCR sections 3006 or 3135 shall be referred to the Warden, but not lower than the Chief Deputy Warden, for determination and appropriate action. When incoming or outgoing mail/packages/publications addressed to or being sent by an inmate are withheld or disallowed, the inmate shall be informed via CDC Form 1819, Notification of Disapproval-Mail/Packages/Publications (Rev.-6/98) of the reason, disposition, name of official disallowing the mail/package/publication, and the name of the official to whom an appeal can be directed
(b) When inmate mail is disapproved based on the criteria established in this section, a copy of the CDC Form 1819 and the supporting document(s) shall be retained by each facility for a minimum of seven years.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601(d), Penal Code.
HISTORY
1. Amendment of section heading and section, and redesignation of former subsections 3136(a)-(h) to subsections 3006(c)(1)-(8) 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.
2. Editorial correction of History 1 (Register 95, No. 24).
3. Amendment of section heading and section, and redesignation of former subsections 3136(a)-(h) to subsections 3006(c)(1)-(8) refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-20-95 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95, No. 52).
5. Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-25-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-27-95 order including amendment of subsection (b) transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
7. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3137. Appeals Relating to Mail and Correspondences.
Note • History
(a) Inmates, their correspondents, and publishers may appeal departmental rules, regulations, policies, approved facility procedures and their application relating to mail and correspondence.
(b) Inmates shall use the established inmate appeal procedures as provided in section 3084, et seq. An inmate's submittal of an appeal within 30 calendar days of a notice that mail is being designated as undelivered will postpone any disposition of the mail until an appeal decision is made at the third level of appeal review. If the inmate's appeal is denied at the third level of appeal review, the item of mail shall be disposed of as provided in subsection 3191(c).
(c) Persons other than inmates should address any appeal relating to department policy and regulations to the Director of the Division of Adult Institutions (DAI). Appeals relating to a specific facility procedure or practice should be addressed in writing to the Warden, or Associate Director of the facility where the appeal issue arises. A written response shall be provided within 15 working days. Appeals that are not satisfactorily resolved at this level may be forwarded in writing to the Director of the DAI who shall provide a written response within 20 working days.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code; and In re Muszalski, 52 Cal App. 3rd 500.
HISTORY
1. Amendment of section heading, renumbering and amendment of former subsection 3147(a)(5)(C) to section 3137 subsection (b), and amendment of Note filed 6-6-96; operative 6-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
2. Amendment of section heading and section filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
3. Amendment of subsection (b) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Note • History
(a) Upon an indigent inmate's request, writing paper, envelopes, a writing implement, and the postage required for five 1-ounce First-Class letters per week shall be supplied. Inmates are not allowed to trade, transfer, or swap indigent inmate supplies with another inmate.
(b) Except as provided in subsection 3138(h) for mail to the courts or to the Attorney General, indigent inmates may request to mail any type of correspondence that weighs more than one ounce. Indigent inmates must relinquish the appropriate number of indigent envelopes to either their assigned Correctional Counselor or housing unit staff with the item to be mailed. If the item to be mailed weighs more than five ounces, the indigent inmate must relinquish all five indigent envelopes. Staff must forward the indigent envelopes with the item to be mailed to the mailroom with the notation that it is to be mailed for the indigent inmate. In order to facilitate this mailing, if requested, staff shall provide the indigent inmate with one appropriately sized envelope.
(c) Foreign mail requiring postage in excess of the minimum required for First-Class Mail shall be limited to two of the five letters.
(d) Indigent envelopes issued to an inmate become their property. The inmate shall be allowed to utilize the envelopes regardless of current financial status. A charge shall not be placed against future deposits to the inmate's trust account to recover the cost of materials and postage provided, while the inmate was indigent as defined in subsection 3133(a)(5).
(e) All inmate requests for indigent envelopes shall be authorized by the Institutional Inmate Trust Account Office.
(f) Any inmate attempting to use a State issued envelope intended for another inmate who is indigent shall receive progressive discipline pursuant to CCR section 3312.
(g) Indigent inmates desiring to correspond with their attorney or any other confidential correspondent shall be required to utilize their weekly allotment of indigent supplies to send such correspondence.
(h) In addition to indigent writing supplies and postage for the five (5) one (1) ounce letters per week, indigent inmates shall have free and unlimited mail to any court or the Attorney General's Office.
(1) Upon request, institutions shall also provide indigent inmates free copying of the legal documents limited to the number of copies of a document required by the court, plus one copy for the opposing party and one copy for the inmate's records.
(2) If the case is accepted by the court, the need for future copies of legal documents and necessary postage will be evaluated on a case-by-case basis.
(3) A charge shall not be placed against future deposits to the inmate's trust account to recover the cost of materials, copying and postage provided, while the inmate was indigent.
(i) Each institution shall establish local procedures for the issuance of writing supplies to indigent inmates.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; and Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolfish, 99 S. Ct. 1861.
HISTORY
1. 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.
2. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
3. Amendment of subsections (a)-(c) filed 7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
5. Renumbering of former subsections 3147(a)(9)(G) through (a)(9)(J) to newly designated subsections 3138(d) through (g), amendment of newly designated subsections (d)(1), (f)(1)-(f)(2), (g) and Note filed 6-6-96; operative 6-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
6. Amendment of subsection (d)(1) filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
7. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (d)(1) and Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
10. Renumbering of former section 3138 to section 3134 and renumbering of former section 3134 to new section 3138, including repealer and new section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3139. Correspondence Between Inmates, Parolees, and Probationers.
Note • History
Inmates shall obtain written authorization from the Warden/Regional Parole Administrator or their designee/assigned probation officer, person in charge of the County Jail and/or other State Correctional Systems, at a level not less than Correctional Captain/Facility Captain or Parole Agent III, to correspond with any of the following:
(1) Inmates under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.
(2) Persons committed to any county, state or federal program as a civil addict.
(3) Persons on parole or civil addict outpatient status under the jurisdiction of any county, state or federal, juvenile or adult correctional agency.
(4) Persons on probation.
(b) Inmates may initiate requests to correspond with the above by contacting their Correctional Counselor I (CCI). Parolees may initiate request by contacting their Parole Agent (PA).
Inmates may be allowed to correspond with the persons described in subsections 3139(a)(1) through (4) provided those persons meet the criteria of approval of no known gang affiliation, or involvement with a known terrorist group or racketeering enterprise.
(c) The CCI/PA shall interview the inmate/parolee and/or review their C-file/Field File to obtain the information required to process an inmate's Request for Correspondence Approval, CDC Form 1074 (Rev. 08/87). If an inmate's request to correspond with another inmate/parolee is denied, the CCI/PA shall advise the inmate in writing.
(1) When reviewing the initiating inmates C-file, staff shall ascertain whether prior approval exists. If prior approval exists, a copy of the previously approved CDC Form 1074 shall be forwarded to both institutional mailrooms.
(2) When an initiating inmate's request to correspond with another inmate meets the criteria for approval per section 3139(b), and no prior approval exists, the CCI/PAI shall ensure that a CDC Form 1074 is completed.
(3) If the request is approved, staff shall retain the fifth page in the C-File/Field/File at the requesting institution/parole office. The remaining four pages shall be forwarded, intact, to the institution/parole office/probation office/other county, state or federal facility where the other requested correspondent is housed. Neither a photocopy of the CDC Form 1074, nor the fifth page, shall be forwarded to the C-File or mailroom while the correspondence approval is pending.
(4) If the request to correspond is denied at the institution/parole office/probation office/other state correctional facility, the reason for denial shall be annotated on the CDC Form 1074, and it shall be returned, in its entirety, to the sending institution/ parole office.
(5) Copies/photocopies shall not be delivered to the requested inmate, the receiving institutions mailroom, or the housing unit.
(6) Upon receipt of the disapproved CDC 1074, staff at the sending institution/field office shall ensure that the 2nd page is returned to the initiating inmate.
(7) If correspondence is approved at the institution/parole office, staff shall ensure that the CDC Form 1074 is completed. They shall retain the third and fourth pages for distribution. If the third page and fourth pages are not legible, the CCI/PAI shall make photocopies of the first page prior to forwarding the completed CDC Form 1074 to the sending institution. The approved CDC Form 1074 will be distributed as directed on the form.
(8) Photocopies of the CDC Form 1074 shall not be made for the housing unit(s). The housing units shall not keep records of approved correspondents.
(9) The mailroom supervisor shall establish and maintain a record of approved CDC Form 1074s.
(10) When a CDCR inmate requests to correspond with an inmate in a county, state, or federal facility, or if the request is from a county, state, or federal inmate, the CCI shall ensure that a CDC Form 1074 is completed along with a cover letter that thoroughly explains the need for the CDC Form 1074. If the request is denied, the CCI shall ensure that a letter is forwarded to the requesting agency thoroughly explaining the denial.
(d) There shall be no limits set on the number of times approved inmates/parolees/probationers can correspond with one another unless revoked. The approval to correspond may be revoked due to disciplinary violations involving correspondence between the inmates/parolees or as a result of a classification action based on safety and security. Any such restriction, or revocation of approval, shall be communicated to inmate(s)/parolee(s) and to the warden(s)/parole administrator(s) of the institution/facility where the inmate(s)/parolee(s) are housed.
(e) Wardens at institutions where there are segregated housing units such as, but not limited to, Security Housing Units (SHU), Administrative Segregation Units (ASU), and Psychiatric Services Units (PSU), shall outline in their local procedure any further restrictions on correspondence due to safety and security concerns, limited to those specific housing units.
(f) The most restrictive a facility can be with respect to inmate mail privileges is to limit correspondence between inmates to only the following:
(1) Immediate Family Members as defined in section 3000.
(2) Co-litigants on active cases, until the case is resolved.
(3) Incarcerated natural parent of the inmate's child.
A facility may not restrict mail privileges between an inmate and any of the above three types of correspondents, unless the inmate or the correspondent violates section 3006 or other CCR section.
(g) Approval to correspond shall remain in effect upon transfer to another departmental facility or another parole office.
(h) If an inmate's transfer is based on case factors that create security concerns, such as, but not limited to, placement in SHU, ASU, or PSU, a reexamination by committee of all approved correspondence shall be conducted. The CCI shall review and recommend to committee whether to continue approval of the correspondence.
(i) If an institution/parole office receives mail from an unapproved inmate/parolee correspondent, staff shall mark the envelope with “Not an Approved Correspondent” or equivalent language and return it to the sender.
(j) Inmates confined in departmental facilities may correspond with former inmates. Prior approval of the warden, superintendent, or person in charge of the correctional facility is required if the person was discharged from a facility within the past twelve months.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99 S. Ct 1861.
HISTORY
1. Change without regulatory effect amending first paragraph and subsection (b) filed 4-4-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
2. Amendment of section heading and section, including renumbering and amendment of former section 3140 to new subsection 3139(j), filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3140. Funds Enclosed in Correspondence.
Note • History
(a) Funds may be mailed to an inmate in the form of a money order, certified check, personal check, or any other negotiable means except cash and Travelers Checks.
(1) The check or money order shall be made payable to the California Department of Corrections and Rehabilitation with the inmate's last name and departmental identification number. This information shall be on the face of the check or money order.
(2) Funds from other inmates/parolees shall be only accepted from approved correspondents, pursuant to section 3139, who are members of the same family, or the parent of the inmate's child(ren).
(3) Funds received in the mail shall be removed from the envelope by mailroom staff, and the envelope shall be imprinted with a stamp that reads “Funds Enclosed.” The date, amount, and initials of the person processing the funds shall be recorded on the envelope before it is forwarded to the inmate. The stamped envelope is the inmate's receipt for the funds.
(4) Cash received in incoming mail will be returned to the sender. Mailroom staff shall notify the inmate in writing, informing them that cash was received and will be returned to sender. The envelope containing the cash and two copies of the memo will be forwarded to the Inmate Trust Office to be returned to the sender.
(5) Mailroom staff shall arrange the day's remittances in numerical order. The remittances shall be listed in sequence on the report of collections. This report shall include each inmate's name, departmental identification number, type of payment amount and the total received.
(b) Generally, inmates are not eligible to receive Supplemental Security Income (SSI) checks from the Social Security Administration, Veteran Affairs Benefits, or Welfare checks from the California Department of Social Services/County Welfare agencies. Depending upon eligibility, inmates may be allowed to receive tax refund checks.
(1) A facility representative shall be appointed by the Associate Warden, Business Services, to assist outside agencies in determining an inmate's eligibility.
(2) Mailroom staff shall deliver all received SSI, Veteran Affairs Benefits, and/or welfare and/or tax refund checks to the Inmate Trust Office. The Accounting Officer shall notify the facility representative that checks are being held pending determination of eligibility of the inmates to receive the checks. The facility representative shall notify the appropriate agency.
(3) Unauthorized checks shall be returned to the appropriate agency.
(c) When a U.S. Government check is received for an inmate who is deceased or discharged from CDCR, the check and envelope shall be returned to the sending agency with the necessary information shown as to the inmate being deceased or discharged.
(1) If an inmate has been transferred to another facility, the check shall be forwarded including a note requesting the inmate to notify the state or federal agency of their change of address.
(2) Mail received for inmates who have been paroled shall be forwarded to the office of the parole region to which the inmate was released, or if unable to locate the parolee, the check should be returned to the originating state or federal agency.
(d) Funds not in the form of certified checks shall not be released for spending by the inmate for thirty (30) days from the date of deposit into the inmate trust account and must have cleared the bank upon which they were drawn. When personal checks or money orders are received, the face of the envelope in which the funds were received shall be imprinted with a stamp indicating the funds have been accepted at this time. This stamp is not intended to indicate that the funds are immediately available for inmate use, but only that the funds were accepted for processing by the department.
(e) No foreign currency shall be accepted. If foreign currency is received, the entire envelope and its contents shall be returned to sender with a pre-printed notice to the sender which states it is unauthorized.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code.
HISTORY
1. Renumbering of former section 3140 to subsection 3139(j) and new section 3140 filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
2. Amendment of subsection (d) filed 6-27-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 6-27-2011 (Register 2011, No. 26). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 12-5-2011 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-27-2011 order, including further amendment of subsection (d), transmitted to OAL 11-21-2011 and filed 1-5-2012 (Register 2012, No. 1).
§3141. Confidential Correspondence.
Note • History
(a) Confidential correspondence is a right guaranteed by law. Using confidential correspondence for personal non-business correspondence, the transmission of contraband items, or the smuggling of letters and other communications to be forwarded to persons not listed in subsection (c) is an abuse of this right and such proven abuse may be subject to disciplinary action as described in Sections 3314 and 3315.
(b) Confidential mail will not be limited to First Class mail standards. Mail received from confidential correspondents will be processed regardless of weight or postage class.
(c) Persons and employees of persons with whom inmates may correspond confidentially and from whom inmates may receive confidential correspondence include:
(1) All state and federal elected officials.
(2) All state and federal officials appointed by the governor or the President of the United States.
(3) All city, county, state and federal officials having responsibility for the inmate's present, prior or anticipated custody, parole or probation supervision.
(4) County agencies regarding child custody proceedings, as clearly identified in the communication and listed on the envelope.
(5) All state and federal judges and courts.
(6) An attorney at law, on active status or otherwise eligible to practice law, listed with a state bar association.
(7) All officials of a foreign consulate.
(8) The Secretary, Undersectary, Chief Deputy Secretaries, Executive Director, Assistant Secretaries, Division Directors, Deputy Directors, Associate Directors, the Chief, Inmate Appeals, and the Lead Ombudsman's Office of the Department.
(9) A legitimate legal service organization that consists of an established group of attorneys involved in the representation of offenders in judicial proceedings including, but not limited to:
(A) The American Civil Liberties Union.
(B) The Prison Law Office.
(C) The Young Lawyers Section of the American Bar Association.
(D) The National Association of Criminal Defense Lawyers.
(E) California Appellate Project.
(d) All incoming confidential mail from an attorney or legal service organization shall include the attorney's name, title, and return address of their office. Institution mailroom staff shall contact the CDCR Office of Legal Affairs Division at Headquarters if there is any question regarding the legitimacy of a legal service organization.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974); and King v. Borg, USDC-ED Case No. CIV. S-87-0519 LKK/PAN/P.
HISTORY
1. Editorial correction of subsection (a) filed 2-19-85 (Register 85, No. 8).
2. Change without regulatory effect adopting new subsection (c)(8) and amending Note filed 8-19-93; operative 8-19-93 (Register 93, No. 34).
3. Repealer of subsection (c)(6) and subsection renumbering filed 4-8-96 as an emergency; operative 4-8-96 (Register 96, No. 15). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-15-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Repealer of subsection (c)(6) and subsection renumbering filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 4-6-97 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL 3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. New subsection (c)(4), subsection renumbering, and amendment of Note filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 7-28-97 order, including further amendment of subsection (c)(4), transmitted to OAL 12-2-97 and filed 1-15-98 (Register 98, No. 3).
9. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3142. Processing of Outgoing Confidential Mail.
Note • History
In order to be accepted and processed as confidential correspondence, an inmate's letter shall comply with the following requirements:
(a) The letter must be addressed to a person or to the office of a person listed in Section 3141. The address of an attorney must match the address listed with the State Bar.
(b) The inmate's full name, department identification number, and the address of the facility shall be included in the return address appearing on the outside of the envelope.
(c) The word ''confidential'' shall appear on the face of the envelope. Failure to do this will result in the letter being processed as regular mail or being returned to the inmate if for any reason the mail cannot be processed as regular mail.
(d) Inmates shall post confidential mail by presenting the mail unsealed to designated staff. In the presence of the inmate, the staff shall remove the contents of the envelope upside down to prevent reading of the contents. Staff shall remove the pages and shake them to ensure there is no prohibited material, consistent with these regulations. If no prohibited material is discovered, the contents shall be returned to the envelope and sealed. Staff shall place their signature, badge number and date across the sealed area on the back of the envelope. Staff shall then deposit the confidential mail in the appropriate depository.
(e) If prohibited material is found in the confidential mail, the prohibited material shall be confiscated; however, the letter may be returned to the inmate or mailed following the process outlined above. If the prohibited material indicates a violation of the law or intent to violate the law, the matter may be referred to the appropriate authorities for possible prosecution. Administrative and/or disciplinary action shall also be taken against all parties involved.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code.
HISTORY
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3143. Processing Incoming Confidential Mail.
Note • History
Incoming letters must show the name, title, return address and the office of persons listed in Section 3141 on the outside of the envelope to be processed as confidential correspondence. An attorney's return address must match the address listed with the State Bar. A notice or request for confidentiality is not required on the envelope. Correspondence that is appropriately addressed with a return address that indicates it may be confidential shall be processed and treated as confidential correspondence whether or not it is stamped as such.
(a) Designated staff shall open the letter in the presence of the addressed inmate at a designated time and place. Staff shall not read any of the enclosed material. Staff shall remove the pages and shake them to ensure the absence of prohibited material.
(b) Inmates shall sign for all confidential mail at the time of delivery. This shall be accomplished by use of a permanent logbook or use of receipts. If receipts are used, the receipts shall be forwarded to the mailroom for filing. The log book at a minimum must record the date of delivery, the inmates name and departmental identification number, and the senders name and address.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code.
HISTORY
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3144. Inspection of Confidential Mail.
Note • History
Confidential mail will be opened and inspected for contraband in the presence of the inmate addressee. Inspecting correctional officials will not read any of the contents of the confidential mail. Confidential mail may be further inspected, for cause only.
(a) Cause may include, but is not limited to, the reasonable belief by correctional officials that the letter is not addressed to or is not from an official or office listed in Section 3141 or when other means of inspection indicates the presence of physical contraband in the envelope. In such instances the mail will be opened in the presence of the inmate for determination.
(b) Administrative action may be taken to restrict, for cause, the confidential mail privileges afforded to an attorney pursuant to this Article.
(1) A first offense of a non-serious mail rule violation of the department's mail regulations shall result in a written warning or up to a six-month suspension of the attorney's confidential mail privileges. A non-serious mail violation means a violation of the inmate regulations that is not chargeable as a felony but is nevertheless unlawful, such as an enclosure of contraband into the confidential mail, or a misrepresentation of the sender or addressee's identity.
(2) A second offense of a non-serious mail rule violation shall result in modification/suspension of confidential mail privileges for a period of up to twelve months.
(3) A third offense of a similar nature and/or a first offense that could be charged as a felony that jeopardizes the safety of persons, or the security of the facility, shall result in confidential mail privileges being suspended from one year up to an indefinite period of time.
(4) The attorney must petition the Warden or Director of the Division of Adult Services (DAI) for reinstatement of confidential mail privileges.
The confidential mail privilege may be a statewide suspension for any offense that could be prosecuted as a felony. Only the Director of the DAI or designee shall issue a statewide suspension of confidential mail privileges.
(c) Upon determining that the envelope contains prohibited material or that there is a misrepresentation of the sender's or the addressee's identity the letter and any enclosures may be examined and read in its entirety to determine the most appropriate of the following actions:
(1) When the prohibited material or misrepresentation of identity indicates a violation of the law or an intent to violate the law, the matter will be referred to the appropriate criminal authorities for possible prosecution. Any case referred to criminal authorities will be reported to the Director of the DAI. When a case is referred to criminal authorities and the determination is made not to prosecute, the fact of the referral and the determination made will be reported to the inmate and to the inmate's correspondent. The Director of the DAI will be informed of the outcome of all referrals to criminal authorities.
(2) When an inmate's action or complicity indicates a violation of law; the regulations set forth in this article; or approved facility mail procedures; the matter may also be handled by appropriate disciplinary action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal Code; and Wolff v. McDonald, 94 S. Ct. 2963 (1974).
HISTORY
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3145. Enclosures in Confidential Mail.
Note • History
When the inspection of confidential correspondence discloses written or printed enclosures, the enclosures will be treated in the same manner as confidential correspondence. The inmate will not be given the enclosures or be allowed access to the enclosures except as authorized in the following subsections:
(a) The inmate may consent to an immediate examination of the enclosure by staff who issues mail. Such examination will be limited to the extent necessary to determine if the enclosure may be safely admitted into the facility under the standards of Penal Code Section 2601. The conclusion of the examiner will be written on the enclosure, and be dated and signed by the examiner. If the enclosure can be safely admitted into the facility, it will be given to the inmate. If in the examiner's opinion the enclosure does not meet the standards of Penal Code Section 2601 and cannot be safely admitted into the facility, it will be referred to staff at not less than the Correctional/Facility Captain level, for final determination. If not released to the inmate at this level, the inmate will be allowed access to the enclosure only as authorized in subsection (b).
(b) The inmate may decline to consent to examination of enclosures in confidential mail by any staff. When this occurs, the enclosure will be immediately placed in a separate envelope and the envelope will be sealed in the presence of the inmate. The separate envelope will, at the inmate's choosing, be returned to the sender with the mailing cost charged to the inmate's trust account, or disposed of pursuant to section 3191(c). The inmate is entitled to keep the letter or correspondence and the envelope it came in.
(c) Any person who examines the content of mail under the authority of this article or in connection with an appeal by an inmate of a ruling under this article, must keep the content of the material which was examined in strict confidence. No original, copy, excerpt, or summary of personal correspondence to or from an inmate shall be made or be placed in an inmate's C-file unless such correspondence is or has been the subject of:
(1) Legal, disciplinary, criminal investigation, or casework determination and actions affecting the inmate.
(2) When the recipient of an inmate's disturbing or offensive mail corresponds with the facility and requests administrative action, subject to section 3135.
(3) If an inmate requests that a copy of personal correspondence be placed in their C-file and the inmate's caseworker deems it appropriate to do so based on the relationship of the correspondence to the inmates incarceration.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 2600, Penal Code; and In re Jordan, 12 CA 3rd 575 (1974).
HISTORY
1. Change without regulatory effect amending subsection (a) filed 4-3-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 14).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3146. Mail in Languages Other Than English.
Note • History
Mail may be subject to a delay for translation of its contents by staff. When such delay exceeds normal mail processing by five business days, the inmate shall be notified in writing of the delay, the reason for the delay, and subsequent determinations and actions regarding that item of mail. If staff are unable to translate the letter and its contents within 20 business days of notice to the inmate, then the letter shall be delivered to the inmate untranslated.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 2601, Penal Code.
HISTORY
1. 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.
2. Amendment refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-20-95 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95, No. 52).
4. Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-25-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-27-95 order including amendment of section transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
6. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
§3147. Definition and Disposition of Mail. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2080, 2600, 2601, 4570 and 5054, Penal Code; Procunier v. Martinez, (1974) 416 U.S. 396; Bell v. Wolfish, (1979) 99 S. Ct. 1861; Thornburgh v. Abbott (1989) 109 S. Ct. 1874; Turner v. Safely (1987) 107 S. Ct. 2256; and Sections C031.3.0 and C031.5.4, Domestic Mail Manual, issue 46 7/1/93, U.S. Postal Regulations.
HISTORY
1. Amendment of subsection (a)(9)(G) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Editorial correction of subsection (a)(9)(G) filed 2-17-83 (Register 83, No. 8).
3. Editorial correction of printing error in subsection (a)(5)(A) (Register 92, No. 5).
4. Amendment of subsection (a)(2) and Note filed 6-17-94 as an emergency; operative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment of subsection (a)(9)(I) and Note 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. Amendment of subsections (a)(9)(I)1.-5. and Note refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-20-95 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to emergency amendment filed 12-27-95 by operation of Government Code section 11346.1(f). Certificate of Compliance as to 6-13-95 order transmitted to OAL 11-9-95; disapproved by OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95, No. 52).
9. Amendment filed 12-27-95 as an emergency pursuant to Government Code section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-25-96 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 12-27-95 order including amendment of subsections (a)(5) and (a)(5)(A), relocation of former subsection (a)(5)(C) to section 3137(b), redesignation and amendment of former subsection (a)(6) to subsection (a)(5)(B), repealer of former subsections (a)(6)(A) through (a)(6)(D) and subsection renumbering, amendment of newly designated subsections (a)(6), (a)(7), (a)(8)(C) through (a)(8)(E), and relocation of former subsections (a)(9)(G) through (a)(9)(J) to section 3138(d) through (g) transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
11. Renumbering of former section 3147 to new section 3133 filed 7-17-2008; operative 7-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 29).
Article 5. Inmate Manuscripts
§3150. Definitions. [Repealed]
History
HISTORY
1. Change without regulatory effect repealing section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
History
Any manuscript as defined in section 3000 remains the property of the inmate who created it. It may be retained in the inmate's possession except as otherwise described in section 3152.
Comment: Former DP-2502, possession of manuscripts.
HISTORY
1. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
§3152. Unauthorized or Dangerous Material.
Note • History
(a) If unauthorized state materials have been used in the creation of a manuscript, the item may be impounded pending disciplinary action and reimbursement by the inmate for materials used.
(b) An inmate will not be permitted to retain in his or her personal possession manuscripts which violate the provisions of Section 3006. Any such manuscript will be confiscated and disposed of in accordance with the provisions of Section 3006(c), or providing there is no conflict with the regulations governing mail and handicraft as set forth in Subchapter 1, Articles 2 and 4 of these regulations, the manuscript and related material may be sent to a person outside the correctional facility as designated by the inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601 and 5054, Penal Code.
HISTORY
1. Repealer and new subsection (b) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Note • History
Incoming and outgoing manuscripts will be processed as regular mail in accordance with the provisions of Sections 3136 and 3138.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5055, Penal Code.
HISTORY
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
Article 6. Legal Documents
§3160. Inmate Access to Courts.
Note • History
(a) Inmate access to the courts shall not be obstructed. Staff shall assist illiterate inmates or those physically incapable of preparing forms adopted under rules of the United States courts and the Judicial Council of California for petitions for habeas corpus or modification of custody if such an inmate requests assistance. Staff shall not in any way retaliate against or discipline any inmate for initiating or maintaining a lawsuit.
(b) In addition to any other court costs, filing fees, or procedures, an inmate initiating a state civil action shall pay a three-dollar ($3) filing fee to the Department.
(1) Civil actions are defined as any non-criminal actions. For the purposes of this regulation, habeas corpus actions are not considered civil actions.
(2) The filing fee shall be charged against the inmate's trust account.
(3) If the inmate is without sufficient funds at the time of the charge, the civil action shall be allowed to be transmitted to the courts, and the inmate shall not be charged for any remaining balance of the filing fee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2601, Penal Code.
HISTORY
1. Amendment of section heading and text and new Note filed 10-19-93; operative 11-18-93 (Register 93, No. 43).
2. Newly designated subsection (a), new subsections (b)-(b)(2) and amendment of Note 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. Reinstatement of section as it existed prior to emergency amendment filed 7-25-95 by operation of Government Code section 11346.1(f) (Register 95, No. 30).
4. New emergency amendment filed 7-25-95; operative 7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 9-7-95 and filed 10-16-95 (Register 95, No. 42).
§3161. Inmate-Owned Legal Materials.
Note • History
Inmate-owned legal materials/documents, law books and papers shall be limited to the availability of space authorized by section 3190(b) for personal property in the inmate's quarters/living area except as specified in this section. Inmates may possess up to one cubic foot of legal materials/documents related to their active cases, in excess of the six cubic feet of allowable property in their assigned quarters/living area. Legal materials/documents, law books and papers in excess of this limitation shall be disposed of pursuant to section 3191(c). Inmates may request the institution/facility store excess legal materials/documents related to their active cases(s) when such materials/documents exceed this one cubic foot additional allowance. Inmate-owned law books in excess of the additional allowance shall not be stored by the institution/facility.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and text and new Note filed 10-19-93; operative 11-18-93 (Register 93, No. 43).
2. Amendment filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3162. Legal Forms and Duplicating Services.
Note • History
(a) For purposes of this article, an indigent inmate means an inmate who currently has and for the previous 30 consecutive days has maintained $1.00 or less in his or her inmate trust account.
(b) Legal duplication services may be provided to inmates for the purposes of initiating or maintaining a court action. The printed forms required by state and federal courts shall be made available to inmates. An inmate shall be required to pay for the duplication of printed forms and other written or typed materials, and for any special paper and envelopes required for mailing to the courts so long as the inmate has more than $1.00 in his or her trust account or the inmate has attorney representation for the court action. An inmate who is indigent and is without attorney representation for the court action may receive legal duplicating services without charge subject to subsection (d).
(c) A legal document to be duplicated for any inmate, including all exhibits and attachments, shall be limited to the maximum number of pages needed for the filing, not to exceed 50 pages in total length, except when necessary to advance litigation. The inmate shall provide to designated staff a written explanation of the need for excess document length.
(d) Subject to the length requirements of subsection 3123(c), an indigent inmate who does not have attorney representation may receive duplication services without charge for the following legal documents to a court:
(1) Petition for a writ of habeas corpus.
(2) Traverse, Reply Pleading, and other documents in support of a petition for writ of habeas corpus, as authorized by the court or as required by statute or court rule.
(3) Appeal from the denial of a writ of habeas corpus.
(4) Summons and Complaint for a civil action.
(5) Documents in support of a civil action, as authorized by the court or as required by statute or court rule.
(6) Petition for a hearing in an appellate court.
(7) Appellant's Brief, Reply Brief, and other documents in support of an appeal, as authorized by the court or as required by statute or court rule.
(8) Petition for a writ of certiorari to the Supreme Court.
(9) Motion to proceed in forma pauperis (as an indigent person).
(10) Additional documents that are necessary to advance litigation. The inmate shall provide to designated staff a written explanation of the need for additional documents.
(e) The authority to place restrictions on duplication services for any reason as described in this section shall not be delegated to staff below the level of correctional captain unless the person is designated by the Warden. The reasons for any restrictions on the services provided an inmate shall be documented on a CDC Form 128-B (Rev. 4.74), General Chrono, and placed in the inmate's central file.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
3. Amendment of section heading and text filed 10-19-93; operative 11-18-93 (Register 93, No. 43).
4. Amendment filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
5. Amendment of subsection (e) filed 9-13-2012; operative 10-13-2012 (Register 2012, No. 37).
§3163. Assisting Other Inmates.
Note • History
One inmate may assist another in the preparation of legal documents, but shall not receive any form of compensation from the inmate assisted. Legal papers, books, opinions and forms being used by one inmate to assist another may be in the possession of either inmate with the permission of the owner. All papers must be returned to the respective owners when either inmate is transferred to another institution or when other administrative action prevents direct communications between the inmates. An inmate may be barred from giving legal assistance to other inmates when violations of regulations and established procedures relate directly to such activities. An inmate will not be barred from giving or receiving legal assistance for violations of regulations and procedures which are unrelated to providing or receiving legal assistance. However, no otherwise prohibited contacts or access to prohibited areas will be permitted because of this regulation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Johnson v. Avery, 89 S. Ct. 747 (1969).
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
§3164. Administrative Segregation.
Note • History
(a) Inmates confined in administrative segregation for any reason will not be limited in their access to the courts.
(b) During a period of disciplinary detention, as described in Section 3330, legal resources may be limited to pencil and paper which will be provided upon request for correspondence with an attorney or the preparation of legal documents for the courts. Other legal material in the inmate's personal property may be issued to an inmate in disciplinary detention if litigation was in progress before the inmate's placement in disciplinary detention and legal due dates are imminent.
(c) Inmates who are housed in any restricted unit and who are not serving a period of disciplinary detention may possess and have access to any legal resource material available to the general population and may assist each other in their legal work to the extent compatible with institution security. For the purpose of this subsection, restricted units include reception centers, institution reception or orientation units, controlled housing and security housing units.
(d) An inmate in a restricted housing unit may have access to an inmate law library subject to the provisions of section 3123.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
2. Repealer and new subsection (d) filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
§3165. Mailing Legal Documents.
Note • History
(a) The mailing of legal documents to courts and claims to the Board of Control (BOC) is the inmate's responsibility. Mail designated by the inmate as legal mail will be delivered to the facility mail room for inspection, pursuant to Sections 3144 and 3145, and mailing in accordance with local facility mail procedures. The mail room shall maintain a current address list of federal, state, county, appellate, and district courts. The mail room will send mail out each working day.
(b) With each transmittal of mail to a court or claim filed with the BOC requiring the addition of postage, the inmate must submit a signed CDC Form 193, Trust Account Withdrawal Order. The mail room will remove the trust account withdrawal order, enter the amount of postage required, and forward the order to the trust office for processing. Mail addressed to a court or claims addressed to the BOC will be posted on the inmate's CDC Form 119, Mail Record.
(c) Notarization of legal documents is not normally required by the courts and will not be provided as a free service to any inmate, indigent or not. Inmates must pay the established notary fee for such service.
(d) The cost of postage for mailing documents to the courts will be charged against an inmate's trust account unless the inmate was indigent, as defined in subection 3162(a), at the time the documents were submitted for mailing.
NOTE
Authority cited: Section 5058, Penal Code. Reference: In re Jordan, 7 Cal. 3rd 930 (1972).
HISTORY
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. New subsection (d) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
3. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
4. Amendment of subsections (a) and (b) and amendment of Note filed 11-18-96; operative 12-18-96 (Register 96, No. 47).
5. Amendment of subsection (d) filed 11-24-2009; operative 12-24-2009 (Register 2009, No. 48).
Article 7. Visiting
Note • History
(a) These regulations are made in recognition and consideration of the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. It is the intent of these regulations to establish a visiting process in the institutions/facilities of the department that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of the institution/facility, and required prison activities and operations.
(b) The privacy of inmates and their visitors shall be respected subject to the need to verify the identity of an inmate or visitor; enforce laws, regulations, and procedures; and/or ensure the safety of persons and institution/facility security. Video-recording devices may be utilized in visiting areas, excluding family visiting units or confidential attorney consultation areas.
(c) Visits with inmates may, without prior notification, be terminated, temporarily suspended, or modified in response to an institution/facility emergency as determined by the institution head or designee. Emergency modifications of the visiting schedule shall be posted at the institution/facility as soon as practical and will be included in the automated telephonic visiting information system.
(d) Devices that do not allow physical contact between inmates and visitors shall not normally be used, except as provided in section 3170.1 or as necessary in the following circumstances:
(1) Physical contact with a visitor(s), or with other inmates, will seriously endanger the safety of persons or the security of the institution/facility,
(2) As a temporary measure for willful failure or refusal to abide by visiting regulations.
(e) Each inmate and visitor is responsible for his or her own conduct during visits. Any violation of laws, regulations, or local procedures governing visits may result in termination, suspension, revocation, or denial of visiting with the person or persons involved, as described in section 3176. Such violation may also result in exclusion from the facility, as described in section 3176.3.
(f) Reasonable accommodation shall be afforded visitors and inmates with disabilities to facilitate their full participation in contact, non-contact, or family visiting as provided in these rules.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 5054 and 6400, Penal Code; and In re French, 164 Cal Rptr. 800 (1980).
HISTORY
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
3. Amendment of subsection (d) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
4. Amendment of subsections (a), (c) and (e) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
5. Editorial correction of printing error restoring subsection (g) (Register 94, No. 2).
6. Repealer of former article 7 (sections 3170-3179) and new article 7 (sections 3170-3179) and repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
7. Change without regulatory effect amending subsection (e) filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
§3170.1. General Visiting Guidelines.
Note • History
(a) Visiting is permitted only in designated areas and at designated times.
(b) Inmates shall not be permitted to visit during the hours of their assignment to work, training, vocational and/or academic education, except as provided in section 3045.2.
(c) No limitations shall be placed on the number of visitors approved to visit an inmate. However, limitations on the length and frequency of visits may be imposed to avoid overcrowding or the inequitable allocation of visiting time or for other reasons as provided in section 3176.
(1) An inmate shall not be permitted a contact visit with more than five persons, including minors, at the same time. Groups of visitors in excess of five may be accommodated only once per visit by means of rotation through the visiting area. Such rotation shall be considered a single visit in the event it is necessary to terminate a visit in progress in accordance with 3176(a)(9) and (10).
(2) An inmate shall not be permitted a non-contact visit with more than three persons, including minors, at the same time. Groups of visitors in excess of three may be accommodated only one per visit by means of rotation through the visiting area. Such rotation shall be considered a single visit in the event it is necessary to terminate a visit in progress in accordance with 3176(a)(9) and (10).
(d) Visiting with more than one inmate at the same time, shall require that both inmates are approved to visit in the same visiting room, and that either:
(1) The visitors and inmates are immediate family members as defined in Section 3000; or
(2) The visitor(s) has prior written approval from the institution/facility head or designee.
(e) Inmates undergoing reception center processing shall be limited to non-contact visiting. If non-contact visiting cannot be accommodated because of physical plant limitations, the institution head shall take such limitations into account in establishing an alternative visiting plan. Inmates with disabilities, who remain at the reception center for extended stays (exceeding 60 days) due to their disability, shall be authorized regular visiting privileges.
(f) Inmates assigned to Administrative Segregation and Security Housing Units shall be eligible for non-contact visits only. On a case-by-case basis, the institution head or designee may allow contact visits for administratively segregated inmates. Visitors who have made appointments in advance for non-contact Administrative Segregation and Security Housing Unit visits shall be given priority. Non-contact visits shall be scheduled in one-hour increments and may be extended based on space availability. When overcrowding occurs, those who have visited at least one-hour and who have been visiting for the longest time may have their visits terminated as outlined in sections 3176(a)(9) and (10).
(g) During contact visits, the inmate and visitor may pass, exchange, or examine any items of property or consume any items of food or beverage that either party is permitted to bring into or purchase in the visiting area, except for items that are contraband under section 3006. Neither the inmate nor the visitor shall take any property items out of the visiting area that were passed or exchanged from the other party, except for legal documents as provided in section 3178 and photographs that were taken during the visit. Neither the inmate nor the visitor shall take any food or beverage items out of the visiting area.
(h) Possession and/or use of a cell phone, wireless communication device or their components thereof is prohibited within the secure perimeter of the institution without authorization. Any such unauthorized device is subject to confiscation and the visitor may be subject to penalties allowed by law. Any visitor who brings such devices inside the secure perimeter is deemed to have consented to the department to preventing electronic communications to and from the device. Notice shall be posted in areas where visitors are searched.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601(c)(2), 4570, 4576 and 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending subsection (c)(1) and amending Note filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
3. Amendment of subsection (d)(1) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
4. Amendment of subsection (g) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
5. New subsection (h) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
§3170.5. Child Victim Visiting Restrictions. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1202.05, 5054 and 5054.2, Penal Code; and Section 362.6, Welfare and Institutions Code.
HISTORY
1. New section filed 8-12-93; as an emergency; operative 8-12-93 (Register 93, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-93 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-12-93 order including amendments transmitted to OAL 11-20-93 and filed 1-11-94 (Register 94, No. 2).
3. Repealer filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
Note • History
(a) The institution head shall maintain visiting procedures for inmate visiting at each institution/facility. All local visiting procedures must conform to and shall not conflict with the rules and regulations set forth in this article. The degree of informality of inmate visiting will be consistent with the security requirements of each institution/facility.
(b) Inmates shall be informed of local visiting procedures and shall be given a written summary of all rules, regulations and procedures governing visiting at the institution/facility. Additional copies shall be readily available for inmates to give or send to their visitors. The written summary shall include the institution/facility visiting schedule. This same summary will be conspicuously displayed in all public entrances to the institution/facility and will be available to any interested person. Institutions/facilities shall have the visiting days and hours, as well as appropriate dress standards, clearly published in the visiting centers and in the visitor processing area.
(c) Inmates may refuse to see a visitor. Such refusal shall not result in removal of the visitor from the inmate's visitor list. To remove a visitor from their approved visitor list, inmates shall submit a written request to the visiting staff. After six months, the inmate may make a written request to have the visitor placed back on their approved visitor list. At this time, the visitor shall reapply for approval to visit by submitting a visiting questionnaire.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2080, 2086, 2930 and 5054, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 8-27-82; effective thirtieth day thereafter (Register 82, No. 35).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Change without regulatory effect amending Note filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
§3172. Applying to Visit an Inmate.
Note • History
(a) It is the inmate's responsibility to forward a visiting questionnaire to any prospective visitor.
(b) All adults seeking to visit an inmate shall provide a completed visiting questionnaire and obtain institution/facility approval before they may be permitted to visit with an inmate.
(1) An emancipated minor shall apply as an adult visitor, and shall provide a certified copy of the court order granting emancipation.
(2) A minor legal spouse of an inmate may apply to visit the inmate as an adult visitor with a certified copy of their marriage license.
(c) Minor visitors shall have prior written approval from a parent or legal guardian unless the minor applies as an adult as provided in (b) above. Except when prior approval has been obtained from the institution head or designee for an inmate to visit with his or her unchaperoned minor children or siblings, visitors under 18 years of age shall be accompanied by an adult who is also approved to visit.
(d) It is a felony for any former prison inmate to come on institution/facility property for any reason, without prior approval of the institution head or designee. Requests must be made in writing and include a visiting questionnaire and a Certificate of Discharge. Parolees and prospective visitors under probation or civil addict outpatient supervision shall provide written proof of permission to make such a visit from their case supervisor.
(e) The visiting approval application process shall include an inquiry of personal, identifying, and the arrest history information of the prospective visitor sufficient to complete a criminal records clearance and a decision by the institution/facility designated staff to approve or disapprove based upon the information provided. This information is subject to periodic review by designated staff. Any change in the visitor's name, address, telephone number, or arrest history must be reported and may require submission of an updated questionnaire in order to retain the status of an approved visitor.
(f) Previously approved visitors shall submit a new visiting questionnaire prior to visiting any inmate who has been returned to an institution/facility from parole or admitted into a substance abuse treatment control unit while on parole. The visitor shall not be allowed to visit prior to obtaining the institution/facility approval.
(g) The applicant shall return the completed questionnaire to the institution/facility via common carrier or personal delivery (except as provided in subsection (d) above) addressed to the attention of “Visiting”. Any questionnaire received by the visiting office directly from an inmate shall be disapproved. Approved visitors required to update information in accordance with (e) above, shall, absent information which would warrant immediate disapproval, be allowed to continue to visit pending review and approval/disapproval of the questionnaire.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and 5054, Penal Code.
HISTORY
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Change without regulatory effect amending Note filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
§3172.1. Approval/Disapproval of Prospective Visitors.
Note • History
(a) The authority to approve or disapprove prospective visitors may be delegated by the institution head. This authority shall not be delegated below the level of a correctional sergeant or parole agent II.
(b) Reasons for disapproving a prospective visitor include but are not limited to the following:
(1) The prospective visitor has outstanding arrests/warrants including a Department of Motor Vehicles Failure to Appear notice with no disposition from the court.
(2) The prospective visitor has one felony conviction within the last three years or two felony convictions within the last six years or three or more felony convictions during the last ten years.
(3) The prospective visitor has any one conviction of the following types of offenses:
(A) Distributing a controlled substance into or out of a state prison, correctional institution/facility or jail.
(B) Transporting contraband (weapons, alcohol, escape and drug paraphernalia, cell phones or other wireless communication devices or the components thereof etc.) in or out of a state prison, correctional institution/facility or jail.
(C) Aiding or attempting to aid in an escape or attempted escape from a state prison, correctional institution/facility or jail.
(D) The prospective visitor is a co-offender of the incarcerated inmate.
(4) The prospective visitor is a former prison inmate who has not received the prior written approval of the institution head or designee. After one year from the date of a former inmate's discharge from an institution/facility, or after discharge from parole or outpatient status, the institution head will only deny visiting by a former prison inmate for reasons that would apply to any other person as set forth in this article.
(5) The prospective visitor is a supervised parolee, probationer, or on civil addict outpatient status and has not received written permission of his or her case supervisor and/or the prior approval of the institution head.
(6) The identity of the prospective visitor or any information on the visiting questionnaire, is omitted or falsified.
(A) If the prospective visitor has omitted information, the request to visit shall be reconsidered when the information is provided.
(B) If the applicant has falsified information no other request to visit shall be considered until six months after the date of disapproval.
(C) When positive identity cannot be established or clearing the criminal history of the prospective visitor is not possible due to inadequate or conflicting information, the visiting request will be reconsidered when positive identity is established.
(c) The documentation of the approval or disapproval of an application to visit shall be in writing.
(1) If the application is approved, inmates shall be notified in writing and are responsible for informing their prospective visitor(s) of the institution/facility decision to approve the application.
(2) If disapproved, the prospective visitor and inmate shall both be notified in writing. The prospective visitor's notification shall include the specific reason(s) for disapproval and instructions regarding the process for reconsideration.
(d) The prospective visitor may appeal the disapproval by following the established visitor appeal process described in section 3179.
(e) Approval to visit an inmate is conditioned upon compliance with all laws, regulations, and procedures governing visitor conduct on institution/facility property.
(f) There are no restrictions on the number of inmates that a visitor may be approved to visit at one or more institution/facility.
(g) Any visitor approved for visiting at one institution/facility shall be approved to visit the same inmate upon transfer to another institution/facility provided the visitor's approval status remains unchanged.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4576 and 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsection (b)(3)(B) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
§3172.2. Minimum Visiting Days and Hours.
Note • History
(a) Each institution/facility shall provide visiting for no less than 12 hours per week. Any reduction of an institution/facility visiting schedule below 12 hours shall require the prior approval of the director or designee. Regular visiting days shall be consecutive and include Saturday and Sunday.
(b) Each institution head shall develop an operational supplement that includes the respective visiting schedules as follows:
(1) Regular Visiting Days: Four days (Thursday through Sunday); or Three days (Friday through Sunday); or Two days (Saturday and Sunday); and
(2) Holiday Visiting Days: New Year's Day; Independence Day; Thanksgiving Day; Christmas Day.
(3) Visiting Appointments: The institution/facility shall specify procedures and criteria for scheduling visiting appointments for non-contact visits in accordance with the provisions of this article.
(c) When a holiday listed in (b)(2) occurs on a day not regularly scheduled for visiting, each institution/facility shall provide the same number of hours of visiting on that holiday as for any single regularly scheduled visiting day.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; and In re French, 164 Cal. Rptr. 800 (1980).
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsection (b)(2) filed 4-9-2012; operative 5-9-2012 (Register 2012, No. 15).
§3173. Processing of Approved Visitors.
Note • History
(a) Approved visitors shall complete a visitor pass upon their arrival at the institution/facility visitor processing center and their approval to visit shall be verified.
(b) All adult visitors shall present picture identification before being permitted to visit. For each minor, a certified record of birth (official birth certificate, or county embossed abstract of birth) shall be presented during each visit.
(c) Acceptable proof of picture identification for visitors may be, but is not restricted to, the following valid documents:
(1) Driver's license with picture,
(2) Department of Motor Vehicles identification card with picture,
(3) Picture passport,
(4) Armed forces identification card with picture,
(5) Picture identification cards issued by the United States Department of Justice--Immigration and Naturalization Service, or
(6) Picture identification issued by the Mexican Consulate.
(d) Minors may be allowed to visit an inmate subject to the restrictions of section 3173.1. If the accompanying adult is not the parent or legal guardian of the minor, a notarized written consent shall be required from a person with legal custody of the minor, authorizing the minor to visit while accompanied by a designated adult.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and 5054, Penal Code.
HISTORY
1. Amendment of subsections (h) and (p) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34). For prior history, see 78, No. 33; 78, No. 30; 78, No. 12; 77, No. 40; 77, No. 20, and 77, No. 9.
2. Amendment of subsection (m) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
3. Amendment of subsections (b), (g) and (k) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
4. Amendment of subsection (f) filed 8-27-82; effective thirtieth day thereafter (Register 82, No. 35).
5. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
6. Editorial correction of printing errors in subsections (f), (g) and (h) (Register 92, No. 5).
7. New subsections (p) and (q) filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-4-98 and filed 6-16-98 (Register 98, No. 25).
9. Change without regulatory effect amending subsection (f) filed 12-18-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 51).
10. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
11. Change without regulatory effect amending Note filed 5-22-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 21).
§3173.1. Visiting Restrictions with Minors.
Note • History
(a) For inmates convicted of Penal Code (PC) Section(s) 261, 264.1, 266c, 269, 285, 286, 288, 288a, 288.5, or 289 when the victim is a minor, visitation with the minor victim shall be prohibited, except as authorized by an order of the juvenile court pursuant to Welfare and Institutions Code Section 362.6. Visitation pursuant to such an order shall be limited to non-contact status.
(b) For inmates convicted of PC Section(s) 261, 264.1, 266c, 285, 286, 288, 288a, 288.5, or 289 when the victim is a minor, visitation with any minor who is not the victim of the crime shall be limited to non-contact status except as authorized by the Institution Classification Committee.
(c) For inmates convicted of PC Section(s) 273a, or 273d, visitation with the minor victim shall be limited to non-contact status.
(d) For inmates convicted of violating PC Section(s) 187, 269, 273a, 273ab, or 273d, when the victim is a minor, visitation with any other minor shall be limited to non-contact status except as authorized by the Institution Classification Committee.
(e) When an inmate has been arrested, but not convicted, of any crime involving a minor victim included in this Section, a classification committee shall determine whether all visitation with a minor(s) is to be limited to non-contact status.
Unless otherwise prohibited, the inmate's visiting status shall be unrestricted until a classification committee has done the following:
(1) Made a case-by-case determination whether the inmate poses a threat of harm to minor visitors in contact visitation.
(2) Considered the circumstances of the misconduct involving a minor victim in determining whether the inmate poses a threat of harm to minor visitors in contact visitation. In making its determination, the classification committee shall consider, but is not limited to, arrest reports, probation officer reports, court transcripts, parole revocation transcripts.
(f) If a classification committee, when making a decision regarding the visiting status of an inmate described in (e) above, determines that the inmate will pose a threat of harm to minor visitors in contact visitation, it will order all the inmate's visitation with minors be restricted to non-contact visiting status.
(g) If an inmate disagrees with the decision of a classification committee, the inmate may file an inmate grievance via the CDCR Form 602 appeal process as outlined in sections 3084 through 3084.9.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 1202.05, 5054 and 5054.2, Penal Code; Section 362.6, Welfare and Institutions Code; and People v. Glass (2004) 114 Cal. App. 4th 1032.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Repealer and new section and amendment of Note filed 12-5-2005 as an emergency; operative 12-5-2005 (Register 2005, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-15-2006 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-5-2005 order, including amendment of subsections (f) and (g), transmitted to OAL 4-24-2006 and filed 6-6-2006 (Register 2006, No. 23).
4. Amendment of subsections (a)-(c) and amendment of Note filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
5. Amendment of subsection (g) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3173.2. Searches and Inspections.
Note • History
(a) Any person coming onto the property of an institution/facility shall be subject to inspection as necessary to ensure institution/facility security including prevention of the introduction of contraband. Inspections may include a search of the visitor's person, personal property and vehicle(s) when there is reasonable suspicion to believe the visitor is attempting to introduce or remove contraband or unauthorized items or substances into, or out of, the institution/facility.
(b) Visitors shall not be forcibly searched unless institution/facility officials possess a court issued warrant to conduct the search, or are being detained for unlawful actions or activities in accordance with section 3292.
(c) Visitors shall be required to submit to contraband and/or metal detection device(s), and a thorough search of all personal items, including inspection of a wheelchair, implant, prosthesis or assistive device, prior to being allowed to visit with an inmate.
(d) Visitors with medically implanted or prosthetic devices:
(1) Visitors with temporary or permanent medically implanted or prosthetic device(s) who cannot clear the metal detection device and/or visitors who require the use of a wheelchair or other assistive devices for mobility impairment shall present a letter of verification signed by their physician, physiatrist, prosthetist, or orthotist. The letter must confirm the mobility impairment, and/or the nature of the medically implanted or prosthetic device and its specific location in/on the body, and the need for any assistive device.
(2) Visitors with a temporary medically implanted or prosthetic device(s) shall be required to renew the verification letter, as described in subsection 3173.2(d)(1), every two years.
(3) Visitors with a permanent medically implanted or prosthetic device(s) shall be required to update the verification letter, as described in subsection 3173.2(d)(1), to coincide with any changes to the device(s).
(e) Visitors who require the use of a wheelchair shall temporarily transfer to a designated institution/facility wheelchair, when available, while visiting staff conduct an inspection of the visitor's wheelchair. Visitors who present a letter signed by their physician that confirms the need for using a battery powered or custom designed wheelchair shall be exempt from the requirement of transferring from their personal wheelchair. In such cases, the visitor shall permit an inspection of the personal wheelchair and allow a hand held metal detection device to be used.
(f) Except as provided in subsection (b), if the search of any visitor's person, property or vehicle exceeds that which is normally required for all visitors, the visitor shall be informed in writing of the reason for the search and the name of the official ordering the search. Consent shall be obtained from the visitor prior to the search.
(g) A visitor who refuses to be searched shall be denied visiting for that day.
(h) Any person who brings an unauthorized cell phone or wireless communication device within the secure perimeter of the California Department of Corrections and Rehabilitation facility is deemed to have given consent to the department to prevent wireless communication using available technology.
(1) The inmate and the visitor who refused to be searched shall be notified in writing as described in section 3176(a)(3).
(2) Future visits may be conditioned upon the visitor's willingness to submit to a search prior to each visit for as long as institution/facility officials have reasonable suspicion to believe that the visitor will attempt to introduce contraband or unauthorized substances into the institution/facility.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4576 and 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsections (a) and (g)(2) filed 4-7-2008; operative 5-7-2008 (Register 2008, No. 15).
3. Amendment of subsection (d) and new subsections (d)(1)-(3) filed 5-25-2010; operative 6-24-2010 (Register 2010, No. 22).
4. New subsection (h) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
§3174. Standards of Dress for Inmate Visitors.
Note • History
(a) Visitors are expected to dress appropriately and maintain a standard of conduct during visiting that is not offensive to others. Consistent with the goal of making visiting a safe, positive, constructive time for families and staff, the following standards shall apply:
(1) Visitors shall remain fully clothed at all times in the visiting room.
(2) Appropriate attire includes undergarments; a dress or blouse/shirt with skirt/pants/ or shorts; and shoes or sandals.
(3) For security reasons, no brassiere will have metal underwires.
(b) Prohibited attire consists of:
(1) Clothing that resembles state-issued inmate clothing (blue denim or blue chambray shirts and blue denim pants);
(2) Clothing that resembles law enforcement or military-type clothing, including rain gear;
(3) Clothing or garments that:
(A) Expose the breast/chest area, genitals or buttocks;
(B) By design, the manner worn, or due to the absence of, excessively allows the anatomical detail of body parts or midriff to be clearly viewed;
(C) Are sheer, transparent or excessively tight;
(D) Expose more than two inches above the knee, including slits when standing.
(E) Undergarments shall be worn beneath translucent clothing, under all circumstances.
(4) Clothing or accessories displaying obscene or offensive language, drawings or objects.
(5) Gloves, head coverings (except clear, see-through rain gear), and readily removable wigs or hairpieces. The institution head or designee may grant an exception for a visitor to wear gloves, head coverings, and/or readily removable hairpieces or wigs, based upon verification of need. Written approval shall be required prior to visiting and subject to staff inspection during any visit. The institution head or designee may also grant a general exception allowing visitors to wear gloves and head coverings based upon weather conditions at the institution/facility.
(6) Any other clothing, garment or accessory when worn in a manner that would be prohibited in (b)(1) through (5) above.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of subsection (d) filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of subsection (e) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
4. Amendment of subsection (e) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
5. Amendment of subsection (e) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
6. New subsection (f) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
7. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
8. New subsections (e)(1)-(2) and amendment of Note filed 2-27-95 as an emergency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance must be transmitted to OAL by 11-6-95 or emergency language will be repealed by operation of law on the following day.
9. New subsections (e)(1)-(2) and amendment of Note refiled 11-7-95 as an emergency; operative 11-7-95 (Register 95, No. 45). A Certificate of Compliance must be transmitted to OAL by 4-14-96 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 96, No. 21).
11. Repealer of subsections (e)(1) and (e)(2) and reinstatement of Note as it existed prior to emergency amendment filed 5-30-95 pursuant to Government Code section 11349.6(d) (Register 96, No. 21).
12. New subsections (e)(1) and (e)(2) and amendment of Note filed 6-7-96 as an emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-7-96 or emergency language will be repealed by operation of law on the following day.
13. Editorial correction of subsection (e)(2) (Register 96, No. 40).
14. Change without regulatory effect amending Note filed 10-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 40).
15. Certificate of Compliance as to 6-7-96 order transmitted to OAL 10-3-96 and filed 11-18-96 (Register 96, No. 47).
16. Editorial correction of History 9 (Register 99, No. 4).
17. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§3175. Standards of Conduct for Inmates and Their Visitors.
Note • History
(a) Inmates and visitors shall comply with all laws, regulations, and institution/facility procedures. Any violation may result in denial, termination, suspension, restriction, or revocation, of visiting as described in section 3176.
(b) Accompanying adults shall ensure that minors remain under their constant control and supervision.
(c) Nursing mothers shall be discreet and covered when breast-feeding their children in the visiting area. Failure to do so shall result in termination of visiting for that day.
(d) Inmates and their visitors may hold hands.
(e) At the beginning and end of each visit, inmates and their visitors may briefly embrace and/or kiss.
(f) An inmate may hold his or her minor children. Inmates may also hold minor children accompanied by an adult.
(g) Except as provided in this section, no other bodily contact shall be permitted.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of subsections (h) and (i) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Amendment of subsection (g)(1) filed 2-7-83 as an emergency; effective upon filing (Register 83, No. 7).
4. Order of Repeal of 2-7-83 emergency order filed 2-10-83 by OAL pursuant to Government Code Section 11349.6 (Register 83, No. 7).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§3176. Denial, Restriction, Suspension, Termination or Revocation of Visits and Exclusion of a Person.
Note • History
The terms “approve,” “disapprove” “deny,” “restrict,” “suspend,” “terminate,” “revoke,” and “reinstate” as used in this article apply to actions which may be taken by the institution head or designee for the administration of visiting. The director or institution head may, for cause, exclude a person from entering institutions/facilities of the Department. All such actions are subject to the provisions set forth in this article.
(a) The official in charge of visiting may deny an approved visitor access to an institution/facility, terminate, or restrict a visit in progress for the following reasons:
(1) The visitor appears to be under the influence of alcohol, drugs or other substance to the extent that his or her presence in the institution/facility would pose an undue threat to his or her safety or the safety of others, or to the security of the institution/facility.
(2) The visitor does not provide the identification and/or documentation required as set forth in these regulations.
(3) The visitor refuses to submit to a search and inspection of his/her person or vehicles and property brought onto the institution/facility grounds.
(A) Visitors who refuse to submit to an unclothed body search, where probable cause exists, shall have their visiting privileges denied for that day. Future visits may be conditioned upon the visitor's willingness to submit to an unclothed body search prior to being allowed to visit. Such searches may be repeated on subsequent visits for as long as institution/facility officials have probable cause to believe that the visitor will attempt to introduce contraband or unauthorized substances or items into the institution/facility.
(B) The willingness or unwillingness of the visitor to submit to a search shall not affect conditions or restrictions placed on an inmate's visiting privileges by a disciplinary or classification committee unless the inmate is found in a subsequent disciplinary hearing to have been a conspirator to smuggle contraband into or out of the institution/facility.
(4) Conduct in violation of institution/facility procedures, including excessive physical contact, refusal to follow staff instructions, disruption of the visiting/processing area, destruction/alteration of visiting documents, or any other behavior that would constitute a misdemeanor or felony or repetition of less serious violations and disregard for a warning about such violations.
(5) The visitor is not appropriately dressed.
(6) The visitor is under 18 years of age and the conditions prescribed in section 3173(b) have not been met.
(7) The visitor has a medically implanted or prosthetic device, cannot clear the contraband or metal detection devices, and does not provide the written verification required in section 3173.2(d).
(8) The visitor requires the use of a wheelchair or other assistive device(s) for mobility impairment, but does not provide the written verification as required in section 3173.2(e), or refuses to temporarily transfer to a designated institution/facility wheelchair while the visitor's personal wheelchair is being inspected.
(9) The maximum capacity of the visiting area has been reached and to allow others to visit it is necessary to terminate the visits of those persons who have been visiting for the longest period of time. Exceptions shall include, but are not limited to the following:
(A) Excessive Distance: The visitor has traveled a distance of 250 miles or more, and has not visited within the last 30 days. This exception applies to two consecutive days of visiting.
(B) Weddings: When an inmate and the visitor's marriage ceremony occurred on that day.
(C) Disabled: A disabled visitor who must rely on special transportation to the institution/facility.
(D) Family Emergencies: When death, serious illness or injury occurs to an inmate's immediate family as defined in Section 3000. Clergy or approved visitors may visit the inmate to offer condolences or inform the inmate of the occurrence.
(E) Infrequent Visits: When the visitor has not visited the inmate in the last six months.
(10) When the overcrowding situation persists, visits of those remaining will be terminated as necessary.
(b) Written notification shall be provided to the visitor when action is taken by the official in charge of visiting to deny, terminate or restrict a visit. The written notification shall contain information instructing the visitor how to appeal the action as outlined in section 3179.
(c) The institution head or designee may revoke or suspend an approved visitor's future visits for a specified period of time for the following reasons:
(1) Information, which would have resulted in disapproval of visits in section 3172.1, becomes known after approval to visit has been granted.
(2) The visitor has been involved in a serious violation or multiple less serious violations of CDC regulations.
(3) Visitors who participate in Sexual Activity in a visiting room may have their access to the visiting program suspended for up to 6 months. A second violation may result in a suspension of up to one year. A third or subsequent violation may result in exclusion.
(d) The ranking custody officer on duty or the official in charge of visiting may restrict visits, but may not deny visiting, as a temporary security measure when an inmate is scheduled for a hearing on a serious rules violation or for classification on an order for placement in administrative segregation. Subsequent disciplinary or classification committee action will supersede any such temporary action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Editorial correction of printing error in subsection (c) (Register 92, No. 5).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Amendment of subsection (a)(9)(D) filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
4. New subsection (c)(3) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
§3176.1. Visitor Violation Process.
Note • History
Any person seeking entry into an institution/facility for the purpose of visiting an inmate shall be subject to all applicable laws, rules and regulations. Any person violating a law, rule or regulation while visiting shall be subject to warning, termination, suspension, and/or revocation as described below:
(a) Warning. Visitors may be verbally warned about violations of applicable law, rules, regulations or of local procedures governing visits. When a verbal warning achieves corrective action, a written report of the misconduct or warning is not necessary.
(b) Termination. When verbal warnings and/or restrictions fail to achieve compliance, or fail to deter conduct by a visitor that if committed by an inmate would constitute a serious rules violation, the visit shall be terminated and documented in writing.
(c) Suspension up to six months. For serious or repeated violations of the rules, regulations, or procedures, and/or upon belief of the visitor's involvement in a criminal act and pending the outcome of an investigation, the official in charge of visiting may impose a suspension of the visitor's access to the visiting program for up to 6 months. The length of suspension shall be commensurate with the seriousness of the violation.
(d) Suspension up to 12 months. The institution head or designee may impose a suspension of visiting for up to 12 months when a visitor is involved in criminal activity on institution/facility property which constitutes a misdemeanor.
(e) Suspension up to 24 months. The director or designee may impose a suspension of visiting privileges up to 24 months when a visitor is involved in criminal activity on institution/facility property that constitutes a felony.
(f) Revocation. Subsequent discovery of information that would have resulted in disapproval or disqualifying conduct are grounds for revocation of the previously granted permission to visit an inmate.
(g) The visitor and the inmate shall be notified in writing of all formal warnings, terminations, suspensions and revocations. The notice shall clearly state the reason for the action and length of time any sanction will apply. The notification shall also include the signature of the official taking the action and advise the visitor of the right to appeal in accordance with section 3179. The notification shall be provided to the visitor at the time of the action or mailed to the visitor's last known address within five working days of the action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§3176.2. Violation of State Law on Institution/Facility Property.
Note • History
Any violation of state law, misdemeanor, or felony committed on institution/facility grounds or property by a visitor may be referred to prosecuting authorities.
(a) Upon determination by the official in charge of visiting that a violation of state law has occurred, the visitor's access to the visiting program shall be suspended pending investigation, prosecution, and service of any sentence ordered by the court.
(1) If the individual is not prosecuted, or upon completion of any court ordered sentence, approval to visit shall be reconsidered upon the visitor's written request.
(2) If a court finds the individual not guilty, a prior approval to visit shall be reinstated upon written request of the visitor.
(b) Regardless of the outcome of any referral to prosecuting authorities, future visits are subject to restrictions as provided in section 3176.1.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§3176.3. Exclusion of a Person from Institutions/Facilities.
Note • History
(a) The term “exclusion” as used in this article describes an administrative action by the director or institution head to bar, for cause, a person from entering institutions/facilities of the department, when that person would otherwise be permitted to enter. The director may delegate the authority for exclusion no lower than the rank of deputy director. The institution head may delegate the exclusion authority not lower than the chief deputy warden. Any person, including employees of the department, attorneys, attorney representatives, representatives of the news media, and delivery persons, may be excluded. The exclusion of a person is effected by issuance of an exclusion order.
(b) Exclusion orders shall be issued only when the director or institution head determines one or more of the following:
(1) The person's presence in the institution/facility presents a serious threat to security.
(2) The person is charged with a felony.
(3) The person is under investigation for a felony committed on institution/facility property.
(4) The person's purpose for entering an institution/facility is no longer valid or has been lawfully terminated.
(5) The person has committed any offense described in subsection 3178(s)(3) for which exclusion is an appropriate penalty.
(6) The person has violated subsection 3176(c)(3) for which exclusion is an appropriate penalty.
(c) A temporary exclusion may be ordered pending investigation and/or verification of the cause for exclusion.
(d) The director or designee may exclude a person from any or all institutions/facilities. An institution head or designee may issue an order to exclude a person only from the institution/facility within his/her jurisdiction.
(e) When the institution head's exclusion order affects an inmate's attorney, or when the matter may have department wide significance, an immediate telephone report will be made to the director. In all instances of exclusion a written report will be made to the director or designee within two working days of the effective date of the order.
(f) The person excluded shall be provided with written notification of the action taken. The notification shall advise the person that, upon request, a meeting with the official who ordered the exclusion may be arranged at the convenience of both parties, and that he/she may bring other persons to the meeting, including an attorney, and any information or evidence to support his/her position. Following the meeting, the person shall be provided the official's written decision within 20 working days.
(1) If the exclusion is modified to permit the person's entry only under special conditions, the reasons shall be given.
(2) If an institution head ordered the exclusion, the person shall also be informed that the decision may be appealed to the director.
(3) A copy of the letter to the person shall be forwarded to the director or designee and a copy shall be retained in the institution/facility files.
(4) If the exclusion letter is rescinded in full, notice of the rescission will be given in writing to the person, with a copy to the director or designee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending subsection (b)(5) filed 3-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 13).
3. New subsection (b)(6) filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
§3176.4. Restriction, Revocation or Suspension of an Inmate's Visits.
Note • History
(a) Designated staff, not below the rank of correctional lieutenant or parole agent II, may temporarily impose non-contact visiting restrictions as a necessary security measure for an inmate who is pending a serious disciplinary hearing for the distribution and/or possession/control of a controlled substance, possession of money or other dangerous contraband that has been introduced into the institution/facility, or for other violations related to visiting.
(b) Pursuant to section 3314, a hearing officer conducting an administrative rules violation hearing may restrict an inmate's visiting privileges for up to 30 days when the inmate is found guilty of visiting related misconduct.
(c) Upon a finding of guilt of a drug related offense, as described in subsections 3323(c)(6) and/or 3323(d)(7), the official conducting a disciplinary hearing, shall suspend and restrict an inmate's visiting privileges pursuant to subsections 3315(f)(5)(H) and 3315(f)(5)(I).
(d) Pursuant to section 3315, the official conducting a disciplinary hearing may suspend or restrict an inmate's visiting privileges for up to 90 days, when the inmate is found guilty of any of the following serious rule violations:
(1) Possession of $5.00 or more without authorization.
(2) Visiting related violations presenting a threat as described in section 3315(a)(2).
(3) Serious or repeated violations of visiting regulations or procedures.
(e) Suspension and or restriction of visiting may be imposed by a classification committee for a specific period of time when there is substantial reason(s) to believe that the inmate poses a threat to the security of the institution/facility and or safety of persons.
(1) Separate from the disciplinary authority of the senior hearing officer as provided in section 3315, a classification committee may suspend and restrict the visiting privileges of an inmate found guilty of multiple visiting related violations as described in section 3176.4(d). The committee may impose the following suspensions and restrictions:
(A) Suspension of visiting privileges for up to 90 days, to be followed by non-contact visiting for up to 180 days for any second offense which occurs within two years from the date of a previous offense.
(B) Suspension of visiting privileges for up to 180 days, to be followed by non-contact visiting for up to 180 days for any third offense which occurs within two years from the date of a first offense.
(2) A classification committee may impose a loss of visits for 180 days, to be followed by non-contact visits for 180 days, for escape or attempted escape when the inmate is found guilty by a disciplinary hearing officer or court.
(f) When the inmate's visiting privilege status has been modified or changed, the inmate shall be responsible for promptly notifying his or her visitor(s) of the action taken.
(g) Any suspensions under this section shall not apply to attorney visits including visits by attorney representatives.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2086, 2772, 2790, 4502, 4535, 4571, 4573, 4573.5, 4573.6 and 5054, Penal Code; and In re French, 106 Cal.App.3d 74 (1980).
HISTORY
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsection (c) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
§3177. Family Visiting (Overnight).
Note • History
Institution heads shall maintain family visiting policies and procedures. Family visits are extended overnight visits, provided for eligible inmates and their immediate family members as defined in Section 3000, commensurate with institution security, space availability, and pursuant to these regulations. Each institution shall provide all necessary accommodations, except for food, at no cost to the inmates and their visitors. Institutions shall require eligible inmates to purchase all food for the family visit through the institution family visiting coordinator. Each institution family visiting menu shall provide a balanced variety of nutritional selections. At all CDC conservation camps, the visitors shall be required to bring all food for the visit.
Only those immediate family members as defined in Section 3000, including registered domestic partners, are authorized for family visits.
(a) When a bonafide and verified foster relationship exists between an inmate and another person, by virtue of being raised in the same foster family, the person may be approved for family visiting with the prior approval of the institution head or designee.
(b) Family visiting is a privilege. Eligibility for family visiting shall be limited by the assignment of the inmate to a qualifying work/training incentive group as outlined in section 3044.
(1) Family visits shall not be permitted for inmates convicted of a violent offense involving a minor or family member or any sex offense, which includes but is not limited to the following Penal Code sections: 187 (when the victim is a family member as defined in Section 3000 or minor); 192 (when the victim is a family member or minor); 243.4; 261; 261.5, 262; 264.1; 266c; 266j; 273a; 273d; 273.5; 273.6; 285; 286; 288; 288a; 288.2; 288.5; 289; 289.5; 311.1; 311.2; 311.3; 311.4; 313.1; 314; or 647.6.
(A) Inmates may be prohibited from family visiting where substantial documented evidence or information of the misconduct described in section 3177(b)(1) exists, without a criminal conviction. The evidence or information appropriate for the purpose of this regulation shall include rule violation reports as well as the standard described in section 3173.1.
(B) Family visiting shall be restricted as necessary to maintain order, the safety of persons, the security of the institution/facility, and required prison activities and operations, pursuant to section 3170.
(2) Family visits shall not be permitted for inmates who are in any of the following categories: sentenced to life without the possibility of parole; sentenced to life, without a parole date established by the Board of Prison Terms; designated Close A or Close B custody; designated a condemned inmate; assigned to a reception center; assigned to an administrative segregation unit; assigned to a security housing unit; designated “C” status; guilty of one or more Division A or Division B offense(s) within the last 12 months; or guilty of narcotics distribution while incarcerated in a state prison.
(3) Family visits shall be permitted only in CDC institutions and conservation camps.
(c) Unescorted minors of the inmate's immediate family shall not participate in family visits. Exceptions include an inmate's legal spouse, the inmate's children or legal stepchildren and the inmate's own brothers or sisters when the institution head or designee approves such unchaperoned visits.
(d) Inmates shall not be eligible for a family visit while any action that restricts, suspends, or denies their contact with a visitor or visitors during regular visiting is in effect. Family visits may be revoked or suspended without such action affecting an inmate's eligibility for contact or non-contact visits.
(e) Each inmate shall be subject to disciplinary action, which may include suspension or exclusion from participation in the family visiting program, for any willful damage of the unit and/or furnishings or for failure to maintain the cleanliness of the family visiting program unit.
(f) Visitors failing to report to the visitor processing area by 11:00 a.m. without the notification and approval of the family visiting coordinator are subject to cancellation of the visit and suspension of family visiting program privileges for six months.
(g) Inmates with a disability requiring an accommodation for family visits shall give 72 hours notice of any request for accommodation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 297.5, Family Code; and Section 5054, Penal Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment of subsection (c)(4) and new subsection (c)(13) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (c)(11)(C) filed 4-18-80; effective thirtieth day thereafter (Register 80, No 16).
5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
6. Amendment of subsections (c)(11)(B) and (c)(12) filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 35).
7. Amendment of subsection (c)(3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
8. Change without regulatory effect amending subsection (c)(9)(C) filed 9-26-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 39).
9. New subsections (c)(11)(D) and (E) and subsection relettering filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-4-98 and filed 6-16-98 (Register 98, No. 25).
11. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
12. Change without regulatory effect amending subsection (b)(1) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
13. Amendment of first two paragraphs, subsection (b)(1) and Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
§3178. Attorney Visitations and Consultation.
Note • History
(a) The provisions of this section apply to any attorney or legal service organization as identified in section 3141(c)(8) authorized to practice law in California, another state, or the District of Columbia.
(b) A private consultation between an inmate and his or her attorney or attorney representative is known as an attorney visit. Attorney visits shall be conducted in a confidential area specified by the institution/facility. Attorney visiting shall normally be accommodated during the institution/facility regularly scheduled visiting days and hours. Where regular visiting is scheduled on both weekdays and weekends, the scheduling preference will be on weekdays because of the personnel and resources needed for the greater volume of weekend visits by friends and relatives.
(1) When an institution/facility visiting schedule only provide(s) for visiting on weekends an attorney visit shall be scheduled during normal weekday business hours upon written request of the attorney or attorney representative.
(2) The institution head or the official in charge of visiting has the discretion to authorize a contact attorney visit for an inmate on non-contact visiting status.
(3) If an attorney, or attorney representative, does not desire private accommodations, the attorney or attorney representative may visit the inmate on any scheduled visiting day and shall be provided the same accommodations including the schedule, as a regular visitor.
(c) An attorney or court may designate other persons to act on their behalf as attorney representatives.
(1) Attorney representatives must be one of the following:
(A) A private investigator licensed by any state and sponsored by the attorney or appointed by the court.
(B) An investigator who is employed by a government agency, public agency or public institution.
(C) A law student sponsored by the attorney.
(D) A legal para-professional sponsored by the attorney or appointed by the court.
(E) An employee of an attorney, legitimate legal service organization, or licensed private investigator who is sponsored by the attorney or licensed private investigator.
(2) Personnel retained by an attorney or attorney representative, including, but not limited to certified sign language interpreters, certified language interpreters and court reporters may accompany the attorney or attorney representative during the private consultation and are required to provide the information requested in (c)(3) below. Licensed mental or medical health care professionals may also serve as attorney representatives and do not have to be accompanied by the attorney.
(3) The designation shall be in writing and signed by the attorney and/or judge, and shall contain the following:
(A) The designee's name and position of employment or title.
(B) The designee's date of birth, driver's license and social security number.
(C) Certification, in the form of a license that the representative is a licensed private investigator retained by the attorney or appointed by the court; or valid identification that the investigator is employed by a government agency, public agency, or public institution; or a letter in the form of a declaration, that the attorney representative is being sponsored by the attorney and that the attorney accepts responsibility for all actions taken by the attorney representative.
(D) The name and CDC number of the inmate(s) to be visited.
(E) The designation shall be presented by the representative at the time of the visit and shall be subject to verification by institution/facility staff.
(4) Attorney representatives shall be afforded the same accommodations and services and are subject to the same rules and regulations, as an attorney providing all other requirements of this article are met.
(d) An attorney who wishes to consult in person with an inmate shall contact the institution/facility at which the inmate is housed. The request shall be made by calling or writing (including via facsimile) the staff designated (usually the litigation coordinator) in the institution/facility operational supplement. In order to obtain approval/clearance, the attorney shall provide the following personal and professional information in writing (including via facsimile): name; mailing address; date of birth, valid driver's license or state-issued identification card number; proof of current registry and good standing with a governing bar association; and indication of the jurisdiction(s) licensed to practice law. Requesting attorneys must also report any prior felony convictions, explain any prior suspension or exclusion from a correctional facility and declare one or more of the following:
(1) They are the inmate's attorney either by appointment by the court or at the inmate's request;
(2) They have been requested by a judge to interview a named inmate for purposes of possible appointment as counsel by the same court;
(3) They are requesting to visit an inmate who may be a witness directly relevant to a legal process, purpose, or proceeding;
(4) They are seeking to interview a named inmate, at the request of the inmate, for the purpose of representation of the inmate in a legal process, for a legal purpose or in a legal proceeding.
(5) They have been requested by a third party to consult with the inmate when the inmate cannot do so because of a medical condition, disability, or other circumstance.
(e) Any false statement or deliberate misrepresentation of facts specific to the information requested in subsection (d) above shall be grounds for denying the request and/or cause for subsequent suspension or exclusion from all institutions/facilities administered by the department.
(f) Upon receipt of the information specified in (d) above, a California Law Enforcement Telecommunications System check of the attorney through the Department of Justice and verification of the attorney's credential through the governing state bar will be conducted. Once the clearance and state bar verification have been obtained and approved, the attorney shall be contacted to schedule the initial in-person visit with the specified inmate(s). Attorneys and attorney representatives must report any change in personal or professional information, arrest history and declarations made in subsections (c) and (d) above to retain their approval/clearance.
(g) While five days notice to schedule an attorney visit is requested an approved attorney or approved attorney representative shall provide the institution/facility with no less than two business days notice to schedule a private consultation with an inmate. In an emergency, appointment requests may be cleared through the institution head or designee.
(h) Upon arrival at the institution/facility, the approved attorney shall be processed into the institution/facility in the same manner and under the same restrictions as regular visitors. Attorneys shall also be required to present their state bar card or other similar documentation that they are currently registered in good standing with a state bar association.
(i) To follow-up on information obtained during a private consultation with an inmate, attorneys or attorney representatives may request to visit inmates other than those already formally represented. Such requests shall be considered subject to reasonable operational limitations. If the request imposes an unreasonable burden on staffing or unduly disrupts an institutional function, e.g., interferes with count or feeding, it will be deemed unreasonable and the request will be denied.
(j) When there is cause to believe an attorney or a legal service organization is abusing the privilege of private consultation with the inmate, the institution head is authorized to:
(1) Require proof that the inmate and attorney are involved in active litigation or have a legitimate legal reason for contact.
(2) Initiate an investigation of the facts and circumstances of the situation.
(k) An attorney request for the deposition of an inmate shall be made in writing to the institution head. The request shall include:
(1) The name and CDC number of the inmate.
(2) The name and other identifying information of the court reporter.
(3) The specific date and time requested for taking the deposition.
(l) Not more than two attorneys or attorney representatives may visit privately with an inmate or witness at the same time. Exceptions may be authorized by the official in charge of visiting commensurate with space and staff availability.
(m) Conversations between an inmate and an attorney and/or attorney representative shall not be listened to or monitored, except for that visual observation by staff which is necessary for the safety and security of the institution/facility.
(n) All items, including legal documents permitted into the security area, shall be inspected for contraband and/or unauthorized items or substances. The inmate may retain and take from the visiting area any legal documents given to him or her by the attorney or attorney representative, providing the inmate consents to staff examination of the documents for contraband or unauthorized items or substances.
(1) Staff may open and inspect but shall not read any part of written or printed materials without the expressed consent of the attorney/attorney representative and inmate.
(2) Any and all items including written and printed material that an inmate and an attorney wish to exchange during the visit must be presented to the official in charge of visiting for inspection before it is brought into the visiting area. The purpose of this inspection is to ensure the contents pose no threat to the security or safety of the institution/facility, including the introduction of unauthorized drugs, controlled substances, and contraband as defined in section 3006.
(3) If the inmate does not consent to an inspection of the contents of a document given to the inmate by the attorney/attorney representative, it shall be returned to the attorney/attorney representative.
(o) After proper inspection, written and printed material may be exchanged. The attorney or attorney representative may retain and take from the visiting area and from the institution/facility any legal written or printed documents given to them by the inmate and not otherwise prohibited by law or these regulations.
(p) An attorney or attorney representative may be permitted, with the inmate's consent, to audio record the inmate's interview.
(1) The institution/facility shall make audio recording equipment available for such use. The interviewer may use personal recording equipment providing the equipment can be thoroughly inspected by staff before entry into the institution/facility.
(2) The attorney or attorney representative must provide a factory sealed audiotape/compact disc(s).
(q) The institution head or designee may authorize video recording of inmate interviews, with the inmate's consent.
(1) Video recording equipment provided by the attorney shall be thoroughly inspected by staff before entry into the institution/facility and searched for contraband.
(2) If the attorney's or attorney representative's video equipment cannot be thoroughly searched without an undue risk of damage, the equipment shall be permitted only if the attorney or attorney representative agrees to pay for staff to escort and control the equipment while inside the institution/facility. The pay for such staff escorts shall be at the state established hourly wage, including rates for overtime when necessary.
(3) The attorney or attorney representative must provide factory sealed videotape(s).
(r) Attorneys shall not be permitted to attend or participate in any conference or committee meeting of staff and the inmate concerned, except as may be authorized in these regulations.
(s) Administrative action may be taken by the institution/facility head or designee to restrict, where cause exists, the confidential privileges, including confidential visiting, mail and/or telephone privileges, and/or normal visiting privileges afforded an attorney or attorney representative based upon the schedule contained in this section:
(1) A written warning notifying the attorney or attorney representative that the offender's confidential legal privileges are subject to modification/suspension and that the offender will be subject to exclusion for a minimum of six months. Written warnings are appropriate for minor infraction or violations of the institution/facility regulations, i.e., violations that cannot be prosecuted as either a misdemeanor or felony.
(2) Modification, suspension, or exclusion of visiting privileges for a period of at least six months shall occur in the event that the written warning above fails to deter or correct the offending behavior.
(3) Committing an act that jeopardizes the life of a person, violates the security of the facility, constitutes a misdemeanor or a felony, or is a reoccurrence of previous violations shall result in a one-year to lifetime exclusion depending on the severity of the offense in question. Exclusions shall be made in accordance with section 3176.3 and the appeal process in section 3179.
(t) The director or designee shall be notified in writing within 48 hours when administrative action is taken to restrict visiting privileges of an attorney or attorney representative.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601, 4570.5 and 5054, Penal Code; and Procunier v. Martinez, 94 S. Ct. 1800 (1974).
HISTORY
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Repealer and new section filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No. 28).
4. Change without regulatory effect amending subsection (a) filed 1-12-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 3).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§3179. Appeals Relating to Visiting.
Note • History
(a) Inmates, and approved inmate visitors, and visiting applicants may appeal in writing department policies, staff decisions, and institution/facility procedures relating to visiting.
(1) Inmates shall use the established inmate appeal procedures as provided in section(s) 3084 through 3084.9.
(2) All appeals by approved inmate visitors and visiting applicants related to visiting shall be submitted to the institution head.
(b) Visitor appeals related to institution/facility procedures or staff decisions shall be addressed to the institution head. A written response shall be provided within 15 working days from receipt of the appeal. If dissatisfied with the institution/facility response or action, the appellant may refer the appeal, with a copy of the institution/facility decision, to the director or designee.
(c) Appeals related to visiting shall be addressed to the director. A written response to appeals addressed to the director shall be provided within 20 working days from the date of receipt.
(d) All subsequent decisions made as the result of an appeal and the reasons for the decisions shall be documented with a copy to the appellant and/or inmate. Visiting privileges shall be promptly approved or restored when an investigation concludes that no violation of rules, regulations, or procedures took place.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former section 3182 to section 3179 filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
3. Amendment of subsection (a)(1) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3182. Minimum Visiting Days and Hours. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 2601 and 5054, Penal Code. In re French, 164 Cal. Rptr. 800 (1980).
HISTORY
1. New section filed 1-13-93 as an emergency; operative 1-13-93 (Register 93, No. 3). A Certificate of Compliance must be transmitted to OAL 5-13-93 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-93 as an emergency; operative 5-21-93 (Register 93, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-93 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-21-93 order transmitted to OAL 9-14-93; disapproved by OAL on 10-13-93 (Register 93, No. 42).
4. New section refiled 10-14-93 as an emergency; operative 10-14-93 (Register 93, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-11-94 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction adding History 2 (Register 93, No. 42).
6. New section refiled 3-9-94; operative 3-9-94 (Register 94, No. 10).
7. Change without regulatory effect renumbering former section 3182 to section 3179 filed 6-28-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 26).
Article 8. Tobacco
Note • History
(a) The terms below are defined for the purposes of this section:
(1) Smoke or Smoking means the inhaling, exhaling, burning, or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product.
(2) Use means the use of any tobacco product.
(3) Residential Space means the private living areas of staff. Residential Space does not include the living areas of inmates or family visiting areas. Residential space includes, but is not limited to, residential areas at institutions, correctional training academies, and conservation camps.
(4) Facility means any building, areas of any building, or group of buildings owned, leased, or utilized by the Department. This shall include, but not be limited to, institutions, conservation camps, community correctional facility, and reentry furlough, and restitution centers.
(b) No person shall smoke within 20 feet of any operative window of, entrance/exit to, or within the interior of any state owned or state occupied building, with the following exceptions:
(1) Residential spaces of staff excluding correctional training academies, Staff Quarters at conservation camps, and designated non-smoking housing on institutional grounds. For these excluded areas, smoking will be permitted for staff in designated areas at designated times.
(2) In areas designated by each institution head for the purpose of approved inmate religious ceremonies as specified.
(c) In addition to (b), no person shall smoke in any area that may pose a safety or security risk, e.g., within any fire hazardous areas.
(d) Signs shall be posted at entrances of all areas designated no smoking and, as necessary, any other outside areas of a facility not designated for smoking, along with a citation of the authority requiring such prohibition.
(e) No person shall smoke in any vehicle that is state-owned or -leased by the state.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Sections 7596-7598 and 19994.30-19994.32, Government Code.
HISTORY
1. Renumbering of former section 3188 to new section 3187, including amendment of section and Note, filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day. For prior history of article 8 (sections 3180-3181), see Register 90, No. 6 and Register 91, No. 6.
2. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2006 (Register 2006, No. 4).
3. Editorial correction of Histories 1 and 2 (Register 2008, No. 21).
4. Change without regulatory effect amending subsection (b)(1) filed 4-11-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 15).
Note • History
(a) The terms below are defined for the purposes of this section:
(1) Advertise means the display or posting of any poster, sign, or other written or visual material that serves to communicate commercial information or images to the public.
(2) Tobacco product means any product that contains tobacco, the prepared leaves of any plant belonging to the nicotiana family, which shall include, but not be limited to, cigarettes, loose tobacco, cigars, snuff, chewing tobacco, or any other preparation of tobacco, tobacco substitutes, smoking paraphernalia, and all other items developed or processed for the primary purpose of facilitating the use or possession of tobacco or tobacco related products as well as packaging material. Packaging material includes, but is not limited to, snuff or cigarette containers.
(b) No tobacco product shall be advertised in any department- owned or -occupied facility with the exception of advertisements contained in a program, leaflet, newspaper, magazine, or other written material lawfully sold, bought, or distributed within a facility.
(c) Staff shall not use or possess tobacco products in the presence of inmates. No person shall possess or use tobacco products on the grounds of any institution/facility that houses or detains inmates, under the jurisdiction of the Department, except for the following:
(1) The use of tobacco products may be departmentally approved in inmate religious ceremonies.
(2) Tobacco products for personal use off facility grounds are permitted when secured in a locked private vehicle.
(3) Tobacco products for personal use are permitted in residential spaces of staff where inmates are not present. Use of tobacco products in residential space at correctional training academies, and in Staff Quarters at conservation camps, will be permitted only in designated areas with designated times to be determined by local operational procedures.
(4) Tobacco cessation products such as a patch, inhaler, or lozenges are permitted for use by staff, and must be for immediate personal use only.
(d) On July 1, 2005 and thereafter, smoking, possession, or use of tobacco products by inmates under the jurisdiction of the Department, or any other persons where inmates are housed or detained, except as provided in (c), is prohibited and tobacco products will be considered contraband in accordance with section 3006.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code; Section 19994.35, Government Code.
HISTORY
1. New section filed 8-18-94 as an emergency; operative 8-18-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-16-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-94 order, including amendment of subsections (b) and (d), and amendment of Note transmitted to OAL 12-16-94 and filed 1-26-95 (Register 95, No. 4).
3. Editorial correction of Reference cite (Register 95, No. 32).
4. Amendment of section and Note filed 1-14-97 as an emergency pursuant to Penal Code section 5058(e); operative 1-14-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-23-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-14-97 order transmitted to OAL 4-22-97 and filed 5-27-97 (Register 97, No. 22).
6. Amendment of subsection (a)(3) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).
8. Renumbering of former section 3188 to new section 3187 and renumbering of former section 3189 to section 3188, including amendment of section and Note, filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
10. Change without regulatory effect amending subsection (c)(3) filed 4-11-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 15).
§3189. Inmate Violations and Cessation Assistance.
Note • History
(a) Inmates violating the provisions of sections 3187 and/or 3188 on July 1, 2005 and thereafter shall be subject to the inmate disciplinary methods, administrative and serious rule violation provisions of sections 3312, 3314 and 3315.
(b) Tobacco use cessation assistance may include, but is not limited to the following:
(1) Tobacco use cessation classes,
(2) Distribution of printed tobacco cessation material.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
HISTORY
1. New section filed 8-18-94 as an emergency; operative 8-18-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-16-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-18-94 order transmitted to OAL 12-16-94 and filed 1-26-95 (Register 95, No. 4).
3. Amendment of section heading and new subsection (c) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).
5. Renumbering of former section 3189 to section 3188 and new section 3189 filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
Article 9. Personal Property
Note • History
(a) Inmates shall be permitted to possess in their quarters/living area, state-issued property items, and authorized personal property items based upon privileges in section 3044 and/or assigned security level and/or institution mission, and subject to disciplinary provisions in sections 3314 and 3315.
(b) Specific items of personal property shall be established by a consensus of individual facilities within each of five mission-based regions of the Division of Adult Institutions. A list of allowable property shall be developed and updated by each mission-based region no more frequently than twice yearly. Local exceptions to the individual mission-based property lists shall also be identified. All changes to the Authorized Personal Property Schedule shall be adopted in accordance with the rulemaking requirements of the Administrative Procedure Act (Government Code Sections 11340 through 11364).
The following five mission-based regional property lists are incorporated by reference:
(1) Authorized Personal Property Schedule -- Reception Centers (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) California Institution for Men -- Reception Center and Administrative Segregation Unit Housing only.
(B) Deuel Vocational Institution -- Reception Center and Administrative Segregation Unit Housing only.
(C) North Kern State Prison -- Reception Center and Administrative Segregation Unit Housing only.
(D) Richard J. Donovan Correctional Facility -- Reception Center and Administrative Segregation Unit Housing only.
(E) San Quentin State Prison -- Reception Center and Administrative Segregation Unit Housing only.
(F) Wasco State Prison -- Reception Center and Administrative Segregation Unit Housing only.
(G) California Correctional Institution -- Reception Center Housing only.
(H) California State Prison, Los Angeles County -- Reception Center Housing only.
(I) High Desert State Prison -- Reception Center Housing only.
(2) Authorized Personal Property Schedule -- Levels I, II, III, Male Conservation Camps, California Out Of State Facilities (COCF) and Community Correctional Facilities (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) Avenal State Prison -- Levels I and II General Population and Administrative Segregation Unit Housing.
(B) California Correctional Center -- Levels I, II, III General Population, Administrative Segregation Unit Housing and Male Conservation Camps.
(C) California Institution for Men -- Level I General Population Housing only.
(D) California Rehabilitation Center -- Levels I and II General Population and Administrative Segregation Unit Housing.
(E) California State Prison, Solano -- Levels II and III General Population and Administrative Segregation Unit Housing.
(F) Correctional Training Facility -- Levels, I, II, and III General Population and Administrative Segregation Unit Housing.
(G) Chuckawalla Valley State Prison -- Levels I and II General Population and Administrative Segregation Unit Housing.
(H) Deuel Vocational Institution -- Levels I and II General Population Housing only.
(I) Folsom State Prison -- Levels I, II, and III General Population and Administrative Segregation Unit Housing.
(J) Ironwood State Prison -- Levels I and II General Population and Administrative Segregation Unit Housing.
(K) Pleasant Valley State Prison -- Level I General Population Housing only.
(L) California Substance Abuse Treatment Facility and State Prison, Corcoran -- Levels I and II General Population Housing only.
(M) North Kern State Prison -- Levels I and II General Population Housing only.
(N) Richard J. Donovan Correctional Facility -- Levels I and III General Population Housing only.
(O) San Quentin State Prison -- Levels I and II General Population Housing only.
(P) Sierra Conservation Center -- Levels I, II and III General Population, Administrative Segregation Unit Housing and Male Conservation Camps.
(Q) Wasco State Prison -- Levels I and III General Population Housing only.
(R) Calipatria State Prison -- Level I General Population Housing only.
(S) Centinela State Prison -- Level I General Population Housing only.
(T) California Men's Colony -- Levels I and II General Population Housing only.
(U) California Medical Facility -- Levels I and II General Population Housing only.
(V) California State Prison, Los Angeles County -- Level I General Population Housing only.
(W) Mule Creek State Prison -- Levels I and II General Population Housing only.
(X) California Correctional Institution -- Levels I and II General Population Housing only.
(Y) Corcoran State Prison -- Level I General Population Housing only.
(Z) High Desert State Prison -- Levels I and II General Population Housing only.
(AA) California State Prison, Sacramento -- Levels I and II General Population Housing only.
(BB) Pelican Bay State Prison -- Level I General Population Housing only.
(CC) Kern Valley State Prison -- Level I General Population Housing only.
(DD) Salinas Valley State Prison -- Levels I and II General Population Housing only.
(3) Authorized Personal Property Schedule -- Levels III and IV (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) Calipatria State Prison -- Level IV General Population and Administrative Segregation Unit Housing only.
(B) Centinela State Prison -- Level III General Population and Administrative Segregation Unit Housing only.
(C) California Men's Colony -- Level III General Population and Administrative Segregation Unit Housing only.
(D) California Medical Facility -- Level III General Population and Administrative Segregation Unit Housing only.
(E) California State Prison, Los Angeles County -- Level IV General Population and Administrative Segregation Unit Housing only.
(F) Mule Creek State Prison -- Levels III and IV General Population and Administrative Segregation Unit Housing only.
(G) Pleasant Valley State Prison -- Levels III and IV General Population and Administrative Segregation Unit Housing only.
(H) California Substance Abuse Treatment Facility and State Prison, Corcoran -- Levels III and IV General Population and Administrative Segregation Unit Housing only.
(I) Richard J. Donovan Correctional Facility -- Level IV General Population Housing only.
(4) Authorized Personal Property Schedule -- High Security and Transitional Housing (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) California Correctional Institution -- Level IV General Population, Administrative Segregation Unit and Security Housing Unit Housing only.
(B) Corcoran State Prison -- Levels III and IV General Population, Administrative Segregation Unit and Security Housing Unit Housing only.
(C) High Desert State Prison -- Levels III and IV General Population, and Administrative Segregation Unit Housing only.
(D) Kern Valley State Prison -- Level IV General Population and Administrative Segregation Unit Housing only.
(E) Pelican Bay State Prison -- Level IV General Population, Administrative Segregation Unit and Security Housing Unit Housing only.
(F) California State Prison, Sacramento -- Level IV General Population and Administrative Segregation Unit Housing only.
(G) Salinas Valley State Prison -- Levels III and IV General Population and Administrative Segregation Unit Housing only.
(5) Authorized Personal Property Schedule -- Female Offenders Programs (Rev. 2/1/08). This personal property schedule applies to the following facilities:
(A) Central California Women's Facility -- Levels I, II, III and IV General Population, Administrative Segregation Unit and Reception Center Housing.
(B) California Institution for Women -- Levels I, II and III General Population, Administrative Segregation Unit and Reception Center Housing.
(C) Valley State Prison for Women -- Levels I, II, III and IV General Population, Reception Center, Administrative Segregation Unit and Security Housing Unit Housing.
Facilities are subject to the Authorized Personal Property Schedule exemptions that have been granted to particular institutions and which are identified at the beginning of each of the property lists referenced in subsections 3190(b)(1) through 3190(b)(5) above.
(c) The combined volume of state-issued and allowable personal property items shall not exceed six cubic feet, except as specifically allowed in these regulations.
(d) Upon an inmate's transfer between institutions of the department, the sending institution shall inventory the inmate's property and, pursuant to section 3191 ensure the proper disposition of property not allowed at the receiving institution as a result of privilege group, and/or security level, and/or institution mission changes.
(e) Inmates may acquire authorized personal property packages based upon their privilege group, pursuant to section 3044. Personal property packages shall be ordered by inmates or their correspondents via a departmentally-approved vendor. All packages shall be shipped to the inmate's institution/facility by the departmentally-approved vendor in a sealed container.
(f) Inmates may possess allowable food and personal care/hygiene items, and personal clothing in their quarters/living areas, subject to section 3190(a), unless otherwise prohibited by these regulations. The total volume of canteen merchandise retained in possession of an inmate shall be pursuant to section 3094. Inmates shall be required to maintain their purchase receipt to verify purchases until such items are expended.
(g) Inmates shall be restricted to only clear (see-through) personal care/hygiene items encased in clear containers or tubing based upon industry availability. An exemption shall be authorized by the institution's health care manager or chief medical officer when an exemption to the clear item and/or clear case requirement is deemed medically necessary by a physician. Such exemption shall not exceed one (1) year. If the condition persists, the inmate shall submit another exemption request.
(h) Inmates shall only be permitted to possess state-issued clothing and authorized personal clothing subject to section 3190(a).
(i) Inmates shall be allowed special purchases of authorized personal property items from locally-approved special purchase vendors (except as provided for publications (including books and subscriptions to periodicals) in Sections 3190(i)(2) and 3190(i)(7) below). The institution head or designated staff shall ensure approved vendor catalogs and order forms are available to inmates who qualify. Special purchases shall only include the following:
(1) Health Care Appliances, subject to prescription by health care staff and approval by designated custody staff, shall be excluded from the six cubic foot limitation of section 3190(c).
(2) Legal Material, including legal reference material, books, and legal pads not available in the institution canteen, pursuant to section 3161. There shall be no “Approved Vendor Lists” for any legal publications. Inmates may receive legal publications from any publisher, book store or book distributor that does mail order business.
(3) Correspondence Courses, subject to approval by supervisor of correctional education programs and designated custody staff.
(4) Religious Items, subject to approval by institutional chaplain and designated custody staff.
(5) Handicraft Material, subject to approval by handicraft manager and designated custody staff.
(6) Entertainment Appliances and Musical Instruments, subject to qualifying privilege group and/or security level/institution mission.
(7) All publications, including books and subscriptions to periodicals, subject to section 3006. There shall be no “Approved Vendor Lists” for any publications. Inmates may receive publications from any publisher, book store or book distributor that does mail order business.
(j) Inmates may be allowed to possess appliances and one musical instrument as follows:
(1) Inmates assigned to Privilege Groups A or B may possess up to three approved appliances in their quarters/living area and shall not exceed the six cubic feet maximum limitation. One musical instrument with case not exceeding 46" x 24" x 12" may be substituted as one of the three appliances.
(2) Inmates assigned to Privilege Group C may not possess entertainment appliances and/or a musical instrument. Inmates placed on Privilege Group C pursuant to a classification committee action, shall be required to dispose of the entertainment appliance(s) and/or musical instrument in accordance with section 3191(c).
(3) Inmates assigned to Security Housing Unit/Psychiatric Services Unit (SHU/PSU) may possess or acquire one television or one radio or one television/radio combination unit. Inmates assigned to Privilege Group D shall not possess a musical instrument.
(4) Inmates assigned to Privilege Group U shall not possess any appliances or musical instruments.
(5) Inmates housed at conservation camps shall not possess a television or television/radio combination.
(k) All appliances shall be sealed by staff by covering exterior pieces of the appliance that may be used to access the interior of the appliance with hotglue.
(l) Inmates who break or tamper with the seal of an appliance(s) may be subject to disciplinary action and confiscation of the item.
(m) Inmates ordering new or replacement appliances shall be required to purchase clear-case appliances, as they become available.
(n) Inmate correspondents shall be permitted to purchase appliances for qualifying inmates, including health care and entertainment appliances and/or musical instruments from a locally-approved vendor, pursuant to section 3044.
(o) In addition to the six cubic feet limitation of authorized property, inmates who participate in institution academic or vocational educational programs shall be allowed to possess, in their quarters/living area, state provided textbooks/materials necessary to complete their education requirements. In accordance with section 3011, inmates who do not return state textbooks in serviceable condition, may be charged a replacement fee, as determined by the supervisor of correctional education programs.
(p) Inmates may acquire and possess correspondence course materials, including textbooks, in their quarters/living area as approved by the supervisor of correctional education programs and designated custody staff pursuant to limitations in section 3190(b). Correspondence courses requiring tools, construction kits, or other materials that may pose a threat to the institution's security or the safety of persons shall not be allowed.
(q) The amount charged an inmate for a special purchase or personal property package shall include normal taxes and a 10% service charge based upon the purchase price. Service charges shall be deposited in the inmate welfare fund. Exception: The 10% service charge shall not be added to purchases of health care appliances, correspondence courses, nonfiction books, religious items, and legal materials.
(r) Inmates shall not possess any membership cards, identification cards, or service-type cards other than those issued by the department.
(s) All allowable inmate property shall be inventoried, documented, and stored for inmates transferred Out-to-Medical or Out-to-Court, or placed in segregated housing, a Correctional Treatment Center, or an Outpatient Housing Unit, until the inmate returns.
(t) Privilege Group A or B inmates placed in administrative segregation (AD SEG) shall have their property inventoried and stored pending the outcome of Initial Classification Committee review. If the inmate is released to general population and maintains their Privilege Group A or B assignment, all allowable property shall be returned. If the inmate is retained in AD SEG, all allowable property as determined by current departmental regulations shall be reissued to the inmate. If the inmate received a SHU term, the inmate shall be required to dispose of unallowable property due to privilege group and/or security level and/or institution mission change in accordance with section 3191(c).
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2086, 2601, 5006 and 5054, Penal Code; In re Alcala, Marin County Superior Court, No. 117925, December 20, 1984 and Armstrong v. Davis Court Ordered Remedial Plan, Amended January 3, 2001; In re Armstrong, N.D. Cal, No. C 94-02307, March 20, 1998.
HISTORY
1. Amendment filed 3-6-85 as an emergency; effective upon filing (Register 85, No. 12). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-3-85. For prior history, see Register 84, No. 47.
2. Order of Repeal of 3-6-85 emergency order filed 8-1-85 by OAL pursuant to Government Code Section 11349.6(b) (Register 85, No. 31).
3. Amendment filed 8-2-85 as an emergency; effective upon filing (Register 85, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-2-85.
4. Certificate of Compliance transmitted to OAL 12-2-85 and filed 12-23-85 (Register 85, No. 52).
5. Amendment of subsections (a) and (c), new subsection (d), relocation and amendment of former section 3092(a) to section 3190(e), new subsections (e)(1)-(7), relocation and amendment of former section 3092(b) to section 3190(f) and amendment of Note filed 12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emergency language will be repealed by operation of law on the following day.
6. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
7. Amendment of section and Note, including relocation and amendment of former subsection 3092(a) to section 3190(h), relocation and amendment of former section 3044(g)(4)(G) to section 3190(i)(3) and relocation and amendment of former section 3092(b) to section 3190(p), filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
9. Amendment of section and Note filed 8-13-2007 as an emergency; operative 8-13-2007 (Register 2007, No. 33). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-22-2008 or emergency language will be repealed by operation of law on the following day.
10. Amendment of section and Note refiled 1-23-2008 as an emergency; operative 1-23-2008 (Register 2008, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-22-2008 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 1-23-2008 order, including further amendment of section and Note, transmitted to OAL 4-22-2008 and filed 6-4-2008 (Register 2008, No. 23).
12. Amendment filed 5-12-2009; operative 5-12-2009 (Register 2009, No. 20).
§3191. Property Registration and Disposition.
Note • History
(a) Registerable personal property must be registered under the inmate's name and number in the institution's inmate property records.
(b) Inmates are required upon request by institution staff to properly account for all registerable personal property registered in their name and number. An inmate's failure to possess or properly account for personal property registered in the inmate's name and number, or possession of property which is not registered in the inmate's name and number will be cause for disciplinary action, including confiscation of the unregistered property. In all instances of confiscation, every reasonable effort will be made to determine the rightful owner of the property. The property will be returned to its rightful owner unless, as the result of disciplinary action for misuse of property, the inmate's approval to possess the property is rescinded.
(c) Inmate personal property not meeting the criteria in section 3190, shall be disposed of in accordance with this section. An inmate shall select one of the methods listed in sections 3191(c)(1) through 3191(c)(5) below for disposing of non-allowable personal property which is unauthorized pursuant to subsection (b) and section 3190. If the inmate makes no selection or has insufficient funds, staff shall document that fact and determine the method of disposition. Property that is considered contraband pursuant to section 3006(a) or (c) shall be retained by staff as may be required by ongoing investigation or court order. Following the completion of all disciplinary, investigative, or court requirements, the contraband property shall be disposed of according to institutional/facility procedures.
(1) Mail the item to an address of an individual willing to accept the personal property, provided by the inmate, via USPS or common carrier at the inmate's expense. This option is not available for inmates with insufficient trust account funds.
(2) Return the item to the sender via USPS or common carrier at the inmate's expense. This option is not available for inmates with insufficient trust account funds.
(3) Donate the item to a charitable organization as designated by the institution/facility.
(4) Donate the item to the institution/facility.
(5) Render the item useless and dispose of it according to institution/facility procedures.
(d) Inmates shall not send personal property to any state agency or agent of the state. Failure to comply may result in disciplinary action, and confiscation and/or disposal of the property.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. New subsection (c) and Note filed 6-26-92; operative 7-27-92 (Register 92, No. 26).
4. Amendment of section and Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
6. Amendment of subsection (c) and amendment of Note filed 8-13-2007 as an emergency; operative 8-13-2007 (Register 2007, No. 33). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 1-22-2008 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (c) and amendment of Note refiled 1-23-2008 as an emergency; operative 1-23-2008 (Register 2008, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-22-2008 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-23-2008 order, including further amendment of subsection (c), transmitted to OAL 4-22-2008 and filed 6-4-2008 (Register 2008, No. 23).
§3192. Possession and Exchange.
Note • History
An inmate's right to inherit, own, sell or convey real and/or personal property does not include the right to possess such property within the institutions/facilities of the department. An inmate may not exchange, borrow, loan, give away or convey personal property to or from other inmates. Violation(s) of this rule may result in disciplinary action, and confiscation and/or disposal of the personal property.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code.
HISTORY
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
2. Amendment of section and new Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
Note • History
(a) In permitting inmates to possess items of personal property while they are incarcerated, the department does not accept liability for the theft, loss, damage or destruction of such property resulting from the intentional or careless act or activities of any inmate. The department does not accept liability for the loss or destruction of personal property in the inmate's possession or control at the time of any willful act by the inmate, such as escape, which exposes such property to loss or theft before it can be recovered and controlled by staff.
(b) The department shall accept liability for the loss or destruction of inmate personal property when it is established that such loss or destruction results from employee action. Inmates shall utilize the inmate appeal process if unable to resolve a personal property claim pursuant to section 3084.1. Upon acceptance of liability, the department shall provide to the inmate similar items of equal or greater value when such items are available via donated property items consistent with sections 3084.9 and 3191(c). If donated items are not available, monetary compensation to the inmate for such loss shall not exceed either the dollar value assigned to the item or items at the time the inmate received authorization to possess the property; the cost of the item, verified by receipt; or the replacement value for the item or a similar item, as determined by the department. Staff recommendations to the Victim Compensation and Government Claims Board regarding monetary reimbursement will be made accordingly.
(c) The department shall not assume responsibility for property abandoned by an escapee until such time as the escape is discovered and the property is inventoried. Inventoried property shall be stored and final disposition of the property shall be pursuant to Penal Code 5062 and 5063.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2085, 2600, 2601, 5062 and 5063, Penal Code.
HISTORY
1. New section filed 5-13-77: effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
4. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
5. Amendment of section and Note filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
7. Amendment of subsection (b) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3194. Extradition Inmate Property.
Note • History
(a) Inmates or parolees requiring extradition transport from any state or territory of the United States are personally responsible for the disposition of their personal property. Inmates shall arrange with the holding agency for the disposal or storage or mailing of personal property prior to being transported by California state agents. State agents shall not be responsible for personal property remaining at the sending agency/institution. At no time shall inmate personal property be checked onto airplanes or transported in the aircraft's baggage compartment. The only exception shall be wheelchairs or other health care appliances.
(b) Inmates extradited to the custody of the department shall not retain any property on their person except prescribed eyeglasses or health care appliances. Only authorized property that can fit into a 10” x 12” clasp envelope, including, but not limited to prescription medication, jewelry, wallet, watch, family pictures, or printed material, shall be allowed to be transported. Inmate property shall be inventoried, recorded, and secured in the agent's carry-on baggage or secured compartment in a transportation vehicle. Inmates may wear his/her own clothing and shoes if deemed appropriate for transport purposes by the assigned state agents.
(c) Inmates extradited or transferred from the department to other jurisdictions, states or territories of the United States may be allowed to retain all or a portion of their property as determined by the transporting extradition agent. In cases where the transportation of personal property is not permitted, inmates shall dispose of the property pursuant to subsection 3191(c)(3) through (5) or be provided the opportunity to select from the following options for the disposition of property:
(1) Inmates permanently transferring to the custody of another agency shall be provided the opportunity to send all property to an address of their choosing via USPS or common carrier at the inmate's expense.
(2) Indigent inmates permanently transferring to the custody of another agency may send their personal property to an individual willing to accept the personal property at the expense of the department.
(3) Inmates temporarily transferring out-to-court or other temporary transfers out-of-state shall have property stored at the institution/facility pending their return to custody, parole or discharge. Disposition of unclaimed property shall be in accordance with PC 5062, 5063 and 5064.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 5062, 5063 and 5064, Penal Code.
HISTORY
1. New section filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
Note • History
Inmates scheduled for release and placement to the Alternative Custody Program (ACP), parole or awaiting discharge may receive a release clothing package via U.S. Postal Service or common carrier no earlier than 30 days prior to their scheduled release to ACP, parole or discharge date. Inmate release clothing packages, limited to one set of clothing, shall be retained in a secure location by the department until their release.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Section 1170.05 and 5054, Penal Code.
HISTORY
1. New section filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-3-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
3. Amendment of section and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
5. Amendment of section and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
7. Amendment of section and Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
Article 10. Inmate Privileges [Repealed]
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New Article 10 (Section 3195) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Amendment of subsections (d)-(f) filed 10-7-82; effective thirtieth day thereafter (Register 82, No. 41).
3. Repealer of Article 10 (Section 3195) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
Subchapter 3. Inmate Activities [Repealed]
§3200. General Policy. [Repealed]
Note • History
HISTORY
1. Repealer filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
Article 1. Religious Program
§3210. Establishment of Religious Programs.
Note • History
(a) Institution heads shall make every reasonable effort to provide for the religious and spiritual welfare of all interested inmates, including, but not limited to, affording inmates a reasonable accommodation to attend a scheduled Religious Service if they are unable to do so due to conflicting work/education assignments. Reasonable accommodation may include, but is not limited to, modified work schedule, use of accrued time or allowable breaks, granting of a job/assignment change, changes of regular days off, etc. Use of reasonable accommodation shall in no way adversely impact an inmate's credit earning status.
(b) Depending upon the number of inmates of the various faiths, chaplains may be employed or their services may be accepted on a nonpaid volunteer basis. When feasible, separate space for services of the faith groups represented by a substantial number of inmates shall be provided. However, in some facilities, such as camps, it shall be necessary for the various faith groups to share such space as is available for religious services.
(c) Reasonable time and accommodation shall be allowed for religious services in keeping with facility security and other necessary institutional operations and activities. Insofar as possible, other facility activities shall be planned so as not to conflict with or disrupt scheduled religious services.
(d) A request for a religious service accommodation that requires a specific time, location and/or item(s) not otherwise authorized, will be referred to a Religious Review Committee (RRC) for review and consideration. The RRC shall be comprised of designated chaplains, and a correctional captain or their designee. Accommodation for religious services that are not granted, shall be for reason(s) which would impact facility/unit safety and security, and orderly day to day operations of the institution.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§2000cc, et seq.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
3. Amendment of article heading, section heading, text, and Note filed 11-1-93; operative 12-1-93 (Register 93, No. 45).
4. Amendment of section and Note filed 1-17-2006 as an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-17-2006 order transmitted to OAL 6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
Note • History
(a) When a chaplain of a particular faith cannot be obtained to conduct services within a facility housing inmates of that faith, the institution head may at their discretion and subject to such controls reasonably required for facility security, designate a qualified inmate to minister to the religious needs of inmates for that specific faith. In determining the qualifications of an inmate to conduct such services, the institution head will, whenever possible, seek the advice and counsel of outside religious leaders of that faith.
(b) An inmate shall not be assigned as a minister on a full-time basis in lieu of a regular inmate work/training incentive program assignment, be considered as a state employee, or be paid by the state for their services.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
3. Amendment of section heading, text, and Note filed 11-1-93; operative 12-1-93 (Register 93, No. 45).
Note • History
Information received by chaplains when performing their duties shall be privileged except when the nondisclosure of such information to facility staff would jeopardize the safety of any person or the security of the facility.
NOTE
Authority cited. Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Sections 912, 917 and 1030-1034, Evidence Code.
HISTORY
1. Amendment of section heading and text, and addition of Note filed 11-1-93; operative 12-1-93 (Register 93, No. 45).
§3213. Stipulations Regarding Religious Artifacts, Sanctuaries, and Sacramental Wine.
Note • History
(a) Prior written approval of the institution head or their designee shall be required for the following:
(1) For any person to bring sacramental wine or any religious artifact into a facility.
(2) For an inmate to be provided any religious artifact.
(3) For an inmate to wear or carry an approved religious artifact at any time other than during their regular religious or sweat events, or facility-approved special events.
(b) Medicine bags shall be constructed of soft leather or other natural material without a lining and shall not exceed 1-1/2 inches in diameter. The bag shall, in the presence of staff, either be closed with a drawstring or sewn shut in such a manner as to permit subsequent searches of the bag's contents by staff.
(c) All religious artifacts shall be subject to searches by staff.
(d) Sanctuaries, sweat lodges, and other areas designated for religious or spiritual use shall be subject to searches by staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code; and Section 1996, Title 42, United States Code.
HISTORY
1. Amendment of section heading, repealer of text, and new subsections (a)-(d) and Note filed 11-1-93; operative 12-1-93 (Register 93, No. 45).
Article 1.5. Inmate Marriages
Note • History
(a) Inmate marriages shall be permitted in accordance with the provisions of law and these regulations.
(b) The inmate's marriage request shall be processed by the inmate's caseworker or other staff person designated by the institution head who shall provide all necessary information to the office of the county clerk or clergyperson.
(c) Inmate marriages shall be solemnized at the institution/facility by an individual authorized to solemnize marriages, as designated in Family Code Sections 400 and 402.
(d) For the purpose of this section, a chaplain shall mean those persons defined in section 3000. Institution/facility chaplains may solemnize inmate marriages. Institution/facility chaplains, if designated, shall be required to process the request or facilitate a marriage. Institution/facility chaplains shall establish religious criteria to be met by the inmates and this criteria shall be provided by the chaplains to their supervisors.
(e) Attendance at a marriage ceremony shall be limited to the bride, groom, two inmate guests, the official solemnizing the ceremony, and ten non-inmate guests. Inmate guests may attend only if their Inmate Work Incentive Program schedules are not interrupted.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f) and 5054, Penal Code; and Sections 300, 350-359, 400-402 and 500, Family Code.
HISTORY
1. New article 1.5 (section 3216) and section filed 1-11-99; operative 2-10-99 (Register 99, No. 3).
Article 2. Recreational and Physical Education Programs
§3220. Recreational and Physical Education Program Participation.
Note • History
(a) Interested inmates shall be provided an equal opportunity to participate in constructive recreational and physical education programs under safe and secure conditions, consistent with the inmate's custodial classification, work/training assignment, privilege group and security requirements.
(b) The recreation program may operate seven days a week with specific program, gymnasium and/or yard schedules established by the institution head. Notices of tournaments and special events shall be posted in locations accessible to all inmates.
(c) Employees shall not participate in inmate contests, except as a coach, instructor or official, unless authorized to do so by the institution head.
(d) Prizes and trophies may be purchased using inmate welfare funds and awarded to inmates participating in activities and contests. An award, prize, trophy or certificate of participation in a recreation or physical education event shall be delivered to the participant inmate as soon as possible following approval by the coordinator of the activity or event involved.
(e) Competition between outside public teams and inmate teams may be permitted only within the facility and under the direct supervision of staff.
(f) Inmates may voluntarily participate only in those contests, games, and/or athletic activities which have been specifically authorized by the institution head or the institution head's designee.
(g) Inmate weight lifting programs and equipment shall not be permitted at departmental institution/facilities. Exceptions shall be permitted as specifically authorized by the director, in compliance with Penal Code Section 5010.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5010 and 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
3. Amendment of subsection (b), renumbering and amendment of former section 3220.3 to new subsection 3220(f) and amendment of Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
5. New subsection (g) filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and filed 7-21-98 (Register 98, No. 30).
7. Amendment of article heading, section heading and subsections (a) and (d) filed 7-24-2002; operative 8-23-2002 (Register 2002, No. 30).
§3220.1. Recreation and Physical Education Program Safety.
Note • History
(a) Grudge fights, games, contests or other recreation or physical education activities, which involve unusual danger or potential for injury, are prohibited.
(b) Inmates shall not be allowed to participate in the boxing program without written medical clearance.
(c) Martial arts may be practiced only with specific approval from the institution head and under the direct supervision of staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3221 to section 3220.1 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Designation of subsections (a)-(c), new subsections (d)-(e) and amendment of Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-30-95 order transmitted to OAL 11-22-95 and filed 1-8-96 (Register 96, No. 2).
4. Repealer of subsections (d) and (e) and amendment of Note filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and filed 7-21-98 (Register 98, No. 30).
6. Amendment of section heading and subsection (a) filed 7-24-2002; operative 8-23-2002 (Register 2002, No. 30).
Note • History
All academic recreation, physical education and physical fitness training programs provided at departmental institutions/facilities shall be based upon curriculum frameworks adopted by the Board of Education. Lesson plans, competency testing, standards, course outlines, teacher/inmate enrollment ratios, instructional specialization and all related academic and educational requirements shall be in accordance with the appropriate curriculum framework.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 60200-60206, Education Code; and Section 5054, Penal Code.
HISTORY
1. New section filed 7-24-2002; operative 8-23-2002 (Register 2002, No. 30). For prior history, see Register 98, No. 30.
§3220.3. Conservation Camp Programs.
Note • History
Conservation camps shall provide recreation and physical education program opportunities for their respective inmate populations. These opportunities shall be compatible with camp operations, staffing and the geographic location of the camp.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 7-24-2002; operative 8-23-2002 (Register 2002, No. 30). For prior history, see Register 96, No. 2.
§3220.4. Movies/Videos for Inmate Viewing.
Note • History
(a) Only movies/videos approved by the institution head or his/her designee (reviewer) may be scheduled for viewing by inmates.
(b) Only those movies/videos which have been given a rating of “G,” “PG,” or “PG-13” by the Motion Picture Association of America (MPAA) or that have been placed on the department's discretionary showing list may be considered for viewing. Movies/videos which have been given a rating of other than “G,” “PG,” or “PG-13” by the Motion Picture Association of America shall not be approved for general inmate viewing. Regardless of their rating or listing, movies/videos which, in the opinion of the reviewer, glorify violence or sex, or are inflammatory to the climate of the facility shall not be shown.
(c) The selection or exclusion of a movie/video by a facility may be challenged by members of the public by writing to the director, appealed by inmates by following the appeal process as stated in section 3084 et seq., and grieved by staff by pursuing grievance procedures in accordance with their collective bargaining unit's contract and/or memorandum of understanding.
(d) At the discretion of the director, a movie/video review shall be done by the movie review committee, composed of staff named by the director. Movies may be submitted for consideration as follows:
(1) Movies/videos which have not been rated may be submitted to the director for the committee's consideration for general inmate viewing.
(2) Movies/videos which have an MPAA rating of other than “G,” “PG,” or “PG-13,” or have not been rated by the MPAA, may be submitted to the director by the facility reviewer or a contract vendor for the committee's consideration for specified limited inmate viewing purposes (e.g., education or contracted service vendor programs).
(3) Movies which are challenged by the public, appealed by inmates, and grieved by staff pursuant to subsection (c) of this section shall be reviewed by the committee at the director's discretion.
(e) The committee may determine a movie/video to be unacceptable for inmate viewing, acceptable for general inmate viewing, or acceptable for specified limited inmate viewing purposes.
(f) The committee will place movies/videos on a statewide “discretionary showing list” under the category of “approved for all purposes,” or under the category of “approved for specified limited inmate viewing purposes” (specifying the limited or special purpose for which the movie is being approved), or under the category of “unacceptable for inmate viewing.” A movie/video's placement on the list as approved will not require that it be shown by a facility.
NOTE
Authority cited: Section 5058 and 10006(b), Penal Code. Reference: Sections 2601(c), 5054 and 10006(b), Penal Code.
HISTORY
. 1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Amendment of newly designated subsections (a) and (b), new subsections (c)-(d)(4) and amendment of Note filed 6-28-96 as an emergency; operative 6-28-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted to OAL by 1-6-97 or emergency language will be repealed by operation of law on the following day.
3. Amendment of newly designated subsections (a) and (b), new subsections (c)-(d)(4) and amendment of Note refiled 12-19-96 as an emergency; operative 12-19-96 (Register 96, No. 51). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-28-97 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-19-96 order, including further amendment of section, transmitted to OAL 4-14-97 and filed 5-23-97 (Register 97, No. 21).
5. Amendment of subsection (c) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
§3220.5. State-Owned Television Sets.
Note • History
(a) State-owned television sets provided for inmate viewing shall be moved only by designated staff.
(b) Except to change the channel to a scheduled program, television channel changes and receiver adjustments shall be made only by staff.
(c) The viewing schedule for each state-owned television set shall be determined under the supervision of staff by a vote of the inmates using the set. Program viewing schedules shall be displayed next to the television set and shall be removed or changed only by staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
. 1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Renumbering and amendment of former section 3221 to section 3220.1 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3222. Physical Fitness. [Renumbered]
History
HISTORY
1. Renumbering and amendment of former section 3222 to section 3220.2 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3223. Unauthorized Activity. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Renumbering and amendment of former section 3223 to section 3220.3 filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
Article 3. Inmate Councils, Committees, and Activity Groups
§3230. Establishment of Inmate Advisory Councils.
Note • History
(a) Each warden shall establish an inmate advisory council which is representative of that facility's inmate ethnic groups. At the discretion of the warden, subcommittees of the council may also be established to represent subfacilities or specialized segments of the inmate population.
(1) Council members shall serve to advise and communicate with the warden and other staff those matters of common interest and concern to the inmate general population.
(2) The council shall operate only under the constitution and by-laws as prepared by the council's inmate representatives, with the advice and guidance of designated staff and approved by the warden.
(3) Local exceptions to this regulation may be permitted with the approval of the director.
(b) An inmate's eligibility for nomination, election and retention as an inmate advisory council representative shall be limited only by the inmate's ability to effectively function in that capacity as determined by the warden.
(1) Upon the inmate's request, that inmate shall be provided, in writing, the reasons for the determination of ineligibility.
(2) A disciplinary infraction shall not necessarily bar an inmate from serving as a council representative unless the infraction is determined by the warden to be detrimental to the council's effectiveness.
(3) A representative's misbehavior while conducting council business or acting under the guise of conducting council business shall be cause for disciplinary or other action.
(4) The membership of representatives or the activities of the entire council may be suspended when the warden determines that the representative or council presents a threat to facility security or the safety of persons, or that the representative's or council's actions are counterproductive to the best interest and welfare of the general inmate population. If a council's activities are suspended, the warden shall notify the general inmate population of that action and the reasons therefor.
(c) Only inmates shall nominate and elect inmate advisory council representatives.
(1) Each inmate shall have an equal vote in the election of their council representatives.
(2) When an election is by written ballot, the election shall be conducted under the direct supervision of staff who shall distribute and collect the ballots and tabulate the results.
(3) All written ballots shall be retained for 30 days after the close of the election.
(4) If it is determined that any coercion, duress, threats of reprisal or other irregularities were present in an election, the warden may declare the election invalid and require a new ballot.
(5) Only council representatives shall elect a temporary representative to fill a vacancy for up to a maximum of 30 days.
(d) Inmate advisory council representatives shall not, as a council representative, become involved with inmate appeals unless the matter affects the general inmate population and such involvement is authorized by the warden.
(1) No appeal concerning an employee shall be discussed by representatives with any employee below the level of correctional lieutenant.
(2) Representatives shall not attempt to influence the decisions of staff by threatening to seek review by a higher authority.
(3) Representatives shall not negotiate with nonsupervisory staff who do not have the authority to act on the specific matter.
(4) Representatives shall not attempt to directly enforce staff's compliance with any higher level decisions.
(e) Each inmate advisory council shall maintain a permanent record of formal meetings, whether staff were present or not.
(1) The minutes of meetings shall contain the date and time of the meeting, names and titles of those present and absent, subjects discussed, decisions made and actions taken.
(2) Before being distributed, minutes of meetings and any other council material shall require the approval of the warden or designee.
(f) Inmate advisory council representatives may, through designated staff and with the approval of the wardens of both facilities, correspond and exchange copies of meeting agenda and minutes with councils at other department facilities. The warden denying such exchanges shall provide the originating council chairperson with written reasons for the denial.
(g) The inmate advisory council shall be provided, when available, adequate facilities, equipment and supplies to carry out its approved activities and functions.
(1) Each council shall be provided with the following:
(A) Office space and furniture.
(B) Access to a typewriter and duplicating equipment.
(C) Office supplies and stationery.
(D) Bulletin boards in locations frequented by the represented inmate population.
(E) Copies of Notices of Change to Director's Rules, Administrative Bulletins, and other nonconfidential directives and announcements which concern the general inmate population.
(2) A means for distributing approved council materials to the general inmate population shall be established. Wardens may permit such means to include the use of facility publications and radio systems.
(3) The council shall obtain staff's authorization before using any resources which were not specifically provided for the council.
(h) A staff person at the level of a program administrator or higher shall be designated as the inmate advisory council coordinator.
(1) Facility Captains shall be directly involved in council activities within their respective programs and may delegate specific aspects of supervision, direction and responsibilities for council activities within their unit to subordinate unit supervisors.
(2) Other staff may, as deemed necessary by the warden, be involved with the council in resolving issues.
(3) The routine supervision and direction of council activities may be delegated to staff at the level of a correctional lieutenant or higher.
(4) Correctional lieutenants and sergeants in charge of inmate living areas on each watch shall work directly with council representatives on issues and concerns resolvable at their level of authority.
(i) The warden or their designate shall meet with the inmate advisory council representatives at least once each calendar month. Apart from the warden's meeting, coordinators shall also meet with council representatives at least once each calendar month.
(1) Proposed agenda items with a summary of the council's efforts to resolve the items at a lower level shall be submitted by the council to the warden and, when required by the coordinator, to the coordinator one week prior to their scheduled meeting.
(2) Emergency issues may be brought to the attention of the warden or coordinator without a prearranged agenda.
(3) The warden and staff delegated the authority to act on formal agenda items shall provide the council with a timely written response which shall indicate what action (including any referral and no action) was taken, the reasons for the action and, when applicable, the manner and appropriate time of implementing the action.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without regulatory effect amending subsection (h)(1) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
§3231. Special Inmate Committees.
Note • History
An institution head may appoint committees of inmates or parolees representative of the inmate or parolee population to perform special services or act as a representative group for special purposes and under the conditions specified in the appointment document. Such committees, unless composed exclusively of inmate advisory council representatives, shall not be affiliated with a facility's inmate advisory council.
NOTE
Authority cited: Section 5058 and 6252, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
3. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3232. Inmate Participation in Committees.
History
Inmate participation as a council representative or special committee member shall be voluntary. Each inmate who volunteers for such an assignment shall comply with all department and facility requirements governing such participation.
HISTORY
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3233. Inmate Leisure Time Activity Groups.
Note • History
Institution heads may permit the formation of inmate leisure time activity groups which promote educational, social, cultural and recreational interests of participating inmates. Group activities which violate or advocate violating the law, regulations or local procedures are prohibited.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3234. Establishment of Inmate Leisure Time Activity Groups.
Note • History
(a) Each institution head shall provide for the formation of inmate leisure time activity groups within the facility. No activity group shall be formed or operated without the written approval of the institution head or their designee.
(b) Inmates proposing to form an activity group shall submit a proposed plan of operation for the institution head's or designee's approval. The proposed plan of operation shall include the following:
(1) The proposed name of the group, which shall reflect the general nature and interest of the group.
(2) The purpose of the group with an explanation of the expected benefits to the inmate participants and to the facility, justifying the use of state resources to accommodate the group.
(3) Membership criteria. Membership to an activity group shall not be denied on the basis of an inmate's race, creed, color, age, national origin, ancestry, gender, marital status, disability, religious or political affiliation, sexual orientation, or on the inmate's inability or refusal to pay membership fees, dues or donations to the group.
(4) Frequency and type of meetings.
(5) Limitations on number of members.
(6) Outside affiliations.
(7) Structure of the group's governing body.
(8) Provision for annual update of bylaws for the institution head's or designee's approval.
(9) An agreement signed by an employee volunteer willing to serve as the group's sponsor. Only a permanent full-time employee shall serve as a group sponsor. Cosponsors may be required if the group cannot be controlled by a single volunteer.
(c) When the institution head or designee approves a group's proposed plan of operation, the plan shall constitute the group's bylaws and shall be so titled prior to distribution.
(1) Any change in bylaws shall require the institution head's or designee's written approval prior to implementation.
(2) Continuing operation of a group is contingent upon the institution head's or designee's annual review and reapproval of the bylaws.
(d) No activity group shall meet unless the group's sponsor or cosponsor is present for such meeting.
(e) Each approved group may be allowed one banquet per year subject to security considerations, availability of facilities and resources, and the group's ability to pay any additional costs incurred by the state.
(f) The institution head shall dispose of any undisbursed funds and property of a disbanded activity group and in determining the method of disposal shall consider all written requests by former group members and other interested persons.
(1) Funds shall be disbursed by either of the following methods:
(A) Deposited into the inmate welfare fund account.
(B) Donated to a recognized charitable organization.
(2) Property shall be disposed of by any one or more of the following methods:
(A) Placed on the inmate welfare fund property inventory.
(B) Donated to another inmate activity group.
(C) Sold to another inmate activity group. Proceeds of such sales shall be deposited into the inmate welfare fund account.
(D) Donated to a recognized nonprofit organization.
(E) Used for facility needs.
(g) The bylaws for any approved group shall be accessible to all inmates in the facility. A copy shall be given to any requesting member of the public.
NOTE
Authority cited: Sections 5058 and 6252, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
4. Repealer and new section heading, designation and amendment of subsection (a), new subsections (b)-(f)(2)(E), and redesignation and amendment of former subsection 3235(a) to new subsection (g) filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
§3235. Termination of an Inmate Leisure Time Activity Group.
Note • History
(a) The activities of a group may be temporarily suspended or terminated by the official in charge of the facility, if either of the following conditions exist:
(1) The group's activities threaten facility security or the safety of staff, inmates or the public.
(2) The group is violating these regulations, local procedures or its approved bylaws.
(b) After review and evaluation of the reason for such action, the institution head shall either allow the group to continue or order termination of the group.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Editorial correction of NOTE filed 8-16-82 (Register 82, No. 34).
4. Editorial correction of printing error in subsection (d)(1) (Register 92, No. 5).
5. Amendment for section heading, redesignation of former subsection (a) to subsection 3234(g), repealer of subsections (b)-(d)(3), redesignation and amendment of subsections, and amendment of Note filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
§3236. Attendance at Group Activities.
Note • History
Attendance at a group's activities by inmates who are not members, by members who are not inmates, or by guests or spectators may be permitted if requested by the group's employee sponsor and approved by the institution head or designee. The number of such persons permitted to attend may be restricted for security reasons or if facility resources cannot accommodate the additional attendance.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering of former section 3236 to section 3237 and renumbering and amendment of former section 3237 to section 3236 filed 10-13-94; operative 11-14-94 (Register 94, No. 41). For prior history, see Register 81, No. 3.
§3237. Inmate Membership in Outside Organizations.
Note • History
(a) Inmates may obtain and retain membership in outside organizations and associations provided such membership does not threaten facility security or the safety of staff, inmates, or the public; and creates no financial burden on the state.
(b) An inmate's membership in an outside organization shall not entitle any member to conduct the organization's activities within a facility, or to inmate members in department or facility matters, except as specifically approved by the institution head or the director.
(c) Unless such an act would jeopardize facility security or safety of persons, inmate members of outside organizations shall be permitted to possess membership cards and to wear membership buttons and lapel pins of such organizations. The official denying such items shall provide the affected inmates with written notice of the reasons for the denial.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering of former section 3237 to section 3236 and renumbering and amendment of former section 3236 to section 3237 filed 10-13-94; operative 11-14-94 (Register 94, No. 41). For prior history, see Register 82, No. 29.
Article 4. Inmate Fund Raising Campaigns and the Inmate Welfare Fund
§3240. Inmate Fund-Raising Campaigns.
Note • History
(a) Institution heads may authorize for each approved inmate activity group up to three campaigns annually for one or more of the following:
(1) Generally recognized nonprofit charitable causes.
(2) General fund-raisers.
(b) Each approved inmate group may raise funds by soliciting inmate donations or selling approved products, commodities, or services to general population inmates.
(1) Only inmates shall be solicited for contributions unless the institution head approves solicitation of staff.
(2) Fund-raising activities shall be conducted only during inmate and staff sponsor off-duty time.
(c) No form of coercion shall be used on any inmate or parolee to participate in a campaign or fund-raiser, or to make a nonvoluntary donation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Amendment of article heading, section heading and text filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
Note • History
Inmates may with permission of the institution head make voluntary donations from their trust account funds for any approved reason or cause. Permission shall be denied if any of the following exist:
(a) There is evidence of coercion.
(b) The inmate's trust account balance is less than the amount of the proposed donation.
(c) The inmate is mentally incompetent.
(d) The proposed amount of the donation is less than one dollar.
(e) The reason or cause advocated could jeopardize facility security or the safety of persons.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3241 to section 3240.1 filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
§3240.2. Inmate Welfare Fund Processing Fees.
Note • History
(a) Ten percent shall be deducted from inmate donations for deposit in the inmate welfare fund to offset trust office transaction processing costs.
(b) Monies collected from sales of products, commodities, or services shall be subject to the deduction based on gross sales.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
§3241. Donations. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. Renumbering of former section 3241 to section 3240.1 filed 10-13-94; operative 11-14-94 (Register 94, No. 41).
Article 5. Institution Publications
Note • History
(a) As used in this article, an inmate publication means any journal, magazine, bulletin, newsletter, newspaper, or other material published by inmates.
(b) Inmates may participate in the publication and distribution of an inmate publication only with the institution head's specific approval.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Repealer of section 3250 and renumbering and amendment of former section 3251 to section 3250 filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§3250.1. Material Prohibited from Inmate Publications.
Note • History
(a) Inmate publications shall not contain material the institution head determines to be a threat to facility security or the safety of persons, or deterimes that it:
(1) Offends any race, gender, nationality, religious faith, or sexual preference.
(2) Is lewd, pornographic, sexually suggestive, libelous, has profane or vulgar terminology, or otherwise is prohibited pursuant to section 3006.
(3) Attacks any individual.
(4) Serves as a conveyance for individual complaints or substitute for the department's appeal process.
(b) The names or photographs of inmates or staff shall not be used without the individual's written permission.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; In re Williams (1984) 159 C.A. 3d 600, 205 Cal.Rptr. 903; Bailey v. Loggins (1982) 32 C.3d 907, 187 Cal.Rptr. 575; Diaz et al. v. Watts (1987) 189 Cal.App.3d 657, 234 Cal.Rptr. 334; and Miller v. California (1973) 413 U.S. 15, 93 S.Ct. 2607, rehg. den 414 U.S. 881, 94 S.Ct. 26.
HISTORY
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
2. Amendment of subsections (a), (a)(2), (a)(4) and (b) filed 6-6-96; operative 6-6-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 23).
§3250.2. Inmate Publication Disclaimer and Editing Authority.
Note • History
(a) Inmate publications shall include a disclaimer that the opinions expressed therein are the author's and do not necessarily represent the position of the facility or department.
(b) The institution head shall designate an administrative editor and a supervising editor who shall oversee the editorial correctness of the inmate publication and ensure compliance with relevant laws and regulations.
(c) The administrative editor shall be at the level of an associate warden or assistant regional parole administrator, public information officer, or administrative assistant.
(d) The supervising editor shall be an instructor in journalism or other qualified employee appointed by the institution head and shall approve or reject articles, illustrations, and layouts proposed for publication by the inmates.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§3250.3. Resolution of Inmate Publication Editing Disagreements.
Note • History
Disagreements about language, content, or acceptability of a proposed article or edition shall be resolved as follows:
(a) Any unresolved disagreement between the supervising editor and inmate publication staff shall be referred to the administrative editor for resolution. The administrative editor shall render a decision, which may include reasonable editorial changes, within three working days.
(b) If unable to effect a satisfactory resolution, the administrative editor shall forward the material to the institution head who may either make a decision or transmit the matter to the assistant director, communications, for a decision, within three working days of receipt of the disputed material.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§3250.4. Termination of an Inmate Publication.
Note • History
The termination of any inmate publication for other than the temporary suspension of publication during a lockdown, modified program or other declared emergency shall require the director's approval.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
2. Amendment filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
§3251. Participation. [Renumbered]
History
HISTORY
1. Renumbering and amendment of former section 3251 to section 3250 filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
Subchapter 4. General Institution Regulations
Article 1. Public Information and Community Relations
§3260. Public Access to Facilities and Programs.
Note • History
Correctional facilities and programs are operated at public expense for the protection of society. The public has a right and a duty to know how such facilities and programs are being conducted. It is the policy of the department to make known to the public, through the news media, through contact with public groups and individuals, and by making its public records available for review by interested persons, all relevant information pertaining to operations of the department and facilities. However, due consideration will be given to all factors which might threaten the safety of the facility in any way, or unnecessarily intrude upon the personal privacy of inmates and staff. The public must be given a true and accurate picture of department institutions and parole operations.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
§3260.1. Public Records Duplication Services.
Note • History
The Department shall charge a requester a fee of 12 cents per page, plus postage, to duplicate and mail a public record as defined in the California Public Records Act, Government Code Sections 6250 et seq.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054, Penal Code; and Section 6250 et seq., Government Code.
HISTORY
1. New section filed 1-13-2003; operative 2-12-2003 (Register 2003, No. 3).
§3261. Moviemakers, Broadcasters, Writers. [Renumbered]
History
HISTORY
1. Renumbering and amendment of former section 3261 to section 3261.1 filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
§3261.1. Media Access to Facilities.
Note • History
(a) Access to a department facility or contract facility for a news media representative, as defined in subsection 3261.5(a)(1), shall require prior approval of either the institution head or the Assistant Secretary of Communications or designee. Access to a department facility for a non-news media representative, as defined in subsection 3261.5(a)(2), shall require prior approval of both the institution head and the Assistant Secretary of Communications or their designees. For each request for access from a news media representative or a non-news media representative, the institution head or the Office of Public and Employee Communications shall provide an initial response back within two (2) working days. In order to deny an access request for a news media or a non-news media representative, the institution head shall secure advance authorization from the Secretary of the California Department of Corrections and Rehabilitation (CDCR) or designee.
(1) Facilities, on-duty staff, inmates or records under control of the department shall not be used in conjunction with film making, radio or television programs, or the writing of books, magazine articles or syndicated stories without prior approval of the Secretary of the CDCR or designee.
(2) Should any news media or non-news media representative(s) access to a facility constitute an immediate threat to safety and security, or generate serious operational problems, the institution head or designee may impose limitations on or set conditions for such access.
(b) Except as provided by subsection 3261.5(b), news media and non-news media representatives within a facility shall be under the direct supervision of the facility's or regional Public Information Officer or their designee as determined by the institution head.
(c) News media and non-news media representatives shall not enter condemned units, the execution chamber, or any area currently affected by an emergency situation without approval of the Secretary of the CDCR or designee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and sections 1798.20, 1798.30 and 1798.40-42, Civil Code.
HISTORY
1. Renumbering and amendment of former section 3261 to section 3261.1 filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Editorial correction of Reference cite (Register 95, No. 14).
4. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
§3261.2. Authorized Release of Information.
Note • History
(a) Only an employee designated by the institution head shall inform the media regarding a facility incident or newsworthy event.
(b) Except as provided by applicable federal and state law, no person shall disclose any protected health information that identifies an individual without a valid written authorization from the individual.
(c) Information pertaining to a Division of Juvenile Justice ward shall not be released to the media or the public, except as provided in subsection 3261.7(c)(3).
(d) Information derived from a person's Criminal Identification and Investigations Report shall not be provided to the media or to the public.
(e) Including the limitations of (c) and (d) above, the only inmate or parolee data which may be released without a valid written authorization from the inmate/parolee to the media or to the public includes the inmate's or parolee's:
(1) Name.
(2) Age.
(3) Birthplace.
(4) Place of previous residence.
(5) Commitment information obtained from their adult probation officer's report.
(6) Facility assignments and behavior.
(7) General state of health, given in short and non-medical terms such as good, poor, or stable.
(8) Cause of death.
(9) Sentencing and release actions.
(f) The only employee data which may be released to the media or to the public by other than the employee concerning their involvement in a facility incident or newsworthy event includes:
(1) Name.
(2) Civil service classification.
(3) Age.
(4) Work assignment.
(5) Length of service with the department and/or current division or unit.
(6) Past work assignments.
(7) Role or function in a newsworthy event.
(g) Information endangering an employee or concerning an employee who is a crime victim shall not be released to the media.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 56.10, 1798.20, 1798.30 and 1798.40-42, Civil Code; Sections 6250-6276.48, Government Code; and Code of Federal Regulations, Title 45, Parts 160 and 164.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of section and Note filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
§3261.3. Notifying Media of Escapes.
Note • History
(a) In the event of an actual or suspected escape, the facility or regional public information officer, or off-duty hours designee, shall notify radio and television stations and newspapers in the surrounding communities and the missing inmate's home community.
(1) The missing inmate's physical description, estimated time of disappearance and other pertinent details shall be provided.
(2) The media shall be informed of the facility's search efforts and cooperation with local law enforcement agencies.
(b) When available, the missing inmate's identification photograph or short escape bulletin shall be furnished to the notified television stations and newspapers. If a photograph or short escape bulletin are not available for distribution, the media shall be informed that one is posted at the facility's front entrance where they will be permitted to take a picture of it for their use.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
Note • History
(a) Media inquiries shall be given high priority; facts shall be gathered as quickly as possible and provided to the inquirer. If the requested facts are not known or are otherwise unavailable, the inquirer shall be so informed and the reasons therefore.
(b) No information developed to answer a media person's inquiry nor the fact that an inquiry was made shall be volunteered to another media person.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a) filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
§3261.5. Routine Media Interviews.
Note • History
(a) Definitions.
(1) “News media representative” means a journalist who works for, or is under contract to, a newspaper, magazine, wire service, book publisher, or radio or television program or station or who, through press passes issued by a governmental or police agency, or through similar convincing means, can demonstrate that he or she is a bona fide journalist engaged in the gathering of information for distribution to the public.
(2) “Non-news media representatives” means individuals in the publishing and broadcasting media not included in subsection 3261.5(a)(1), and may include editorial researchers, freelance writers, authors of books and independent film makers involved with the production of broadcast or print endeavors including, but not limited to, features, documentaries, commercials, and pilots for proposed news, or entertainment programs.
(b) News media and non-news media representatives shall be allowed to interview inmates in person in accordance with the visiting requirements of sections 3170 through 3176.3.
(1) No inmate or parolee may have his or her visitation limited or revoked solely because of a visit or potential visit from a news media or non-news media representative, nor may an inmate or parolee be punished, reclassified, disciplined, transferred to another prison against his or her wishes, or otherwise retaliated against, solely for participating in a visit by, or communicating with, a news media or non-news media representative.
(2) During an interview conducted pursuant to subsection 3261.5(b), news media and non-news media representatives shall be allowed to bring up to three (3) pens, three (3) pencils and one (1) pad of paper into the facility. These items shall be searched to protect against an immediate and direct threat to the security of the institution.
(c) Inmate telephone calls to news media and non-news media representatives shall be allowed in accordance with section 3282 and may be recorded by the media representative with the inmate's consent.
(d) Except as provided by subsection 3261.5(b), access by news media and non-news media representatives to department institutions, contract facilities and equipment requires prior approval pursuant to the provisions in subsection 3261.1(a).
(1) Non-news media representatives must provide proof of employment by a bona fide publication or production company, or have evidence that such a company has contracted to purchase the completed project prior to approval.
(2) Non-news media representative requests for access to departmental facilities, on-duty staff or inmates shall include project and production details as necessary to determine security and operational impacts. (3) Non-news media representative film productions require a California Film Commission permit, along with evidence of financial responsibility and liability insurance of at least $1 million indemnifying and defending the State of California, its offices, employees and agents against any lawsuits.
(e) News media and non-news media representatives may be allowed access to security housing units and administrative segregation with the prior approval of the institution head.
(1) Access to any secured area where lethal weapons are maintained requires the prior approval of the institution head.
(2) The institution head may allow access to an area outside the secure perimeter of a facility to news media representatives.
(f) News media and non-news media representatives may be permitted random face-to-face interviews with inmates or parolees housed in facilities under the jurisdiction of the department, and random or specific-person face-to-face interviews with staff. Such interviews shall be conducted as stipulated by the institution head, including restricting the time, place and duration of interviews, and size of technical crews.
(1) Random interviews of individuals involved in a specific activity or program, or encountered while covering a facility activity or event shall be limited to the time, areas and segments of the facility population designated by the institution head.
(2) Inmates may not participate in specific-person face-to-face interviews except as provided in subsection 3261.5(b).
(g) Use of cameras or recording equipment shall require prior approval of the institution head or designee. Photographs, films or video recording of inmates shall be allowed in accordance with section 3261.7.
(h) The news media and non-news media representatives or their organization(s) may be required to pay the security or escort costs provided for the interview.
(i) No inmate, parolee or staff shall be interviewed against their will.
(j) CDCR Form 146 (Rev. 06/08), Inmate Declaration To News Media Contact, shall be completed whenever an inmate is the subject of an interview, still photograph, motion picture or other recording intended for use by a television or radio station, or newspaper, magazine or other publication.
(k) One employee shall witness the inmate's signature on the completed CDCR Form 146.
(l) Inmates under 18 years of age shall not be photographed, filmed or video recorded.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and 5054, Penal Code, and Pell v. Procunier, 94 S.Ct. 2800 (1974).
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a), repealer and new subsection (a)(2), amendment of subsection (d), repealer of subsection (e)(1) and subsection relettering, new subsection (f) and amendment of Note filed 4-8-96 as an emergency; operative 4-8-96 (Register 96, No. 15). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-15-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and disapproved 10-28-96 (Register 96, No. 44).
5. Amendment of subsection (a), repealer and new subsection (a)(2), amendment of subsection (d), repealer of subsection (e)(1) and subsection relettering, new subsection (g) and amendment of Note filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 4-6-97 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL 3-3-97 and filed 4-14-97 (Register 97, No. 16).
7. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
§3261.6. Seriously or Terminally Ill Inmate Media Interviews.
Note • History
(a) Media interviews shall not be permitted with an inmate suffering from a mental illness when, in the opinion of a psychiatrist or psychologist, the inmate is not capable of giving informed consent or their condition may be worsened by such an interview.
(b) Controlled access may be permitted to seriously or terminally ill patients and their housing areas. Random interviews in such unit shall be closely monitored and shall be terminated if a majority of the unit's inmates object.
(c) No more than two visits per calendar month to a unit housing seriously or terminally ill inmates shall be allowed. Visits shall be on a first-come, first-served basis with a waiting list to be maintained by the facility's public information officer. A “pool” of no more than ten media persons per visit shall be permitted.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 1798.41 and 1798.42, Civil Code.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
§3261.7. Cameras and Other Audio or Visual Recording Devices.
Note • History
(a) Staff cannot prohibit a person who is not on facility property from photographing, filming, videotaping or otherwise recording any department facilities, employees, inmates, parolees or equipment.
(b) Persons are prohibited from interrupting, interfering or communicating with an inmate being transported or working off facility grounds without prior authorization of the staff person in charge or institution head.
(c) Photographs, films or videotapes for other than department purposes which reveal an inmate's identity may be taken within a facility subject to the following conditions:
(1) A CDCR Form 146 (Rev. 06/08) shall be completed for each inmate before a photograph, film or videotape identifying the inmate may be taken.
(2) An inmate's consent is not required where individuals in such settings as an exercise yard or dining hall are not singled out or where the inmate's identity is not revealed; however, before such shots are taken, inmates shall be advised so those who do not want to be recognized may turn away or leave the area.
(3) Photographs, films or videotapes revealing the identity of an inmate committed to the Division of Juvenile Justice shall not be made available other than for official purposes such as an escape.
(d) Unless there is a specified threat of imminent danger to an inmate or parolee by releasing their departmental identification photograph, news media representatives as defined in subsection 3261.5(a)(1) and non-news media representatives as defined in subsection 3261.5(a)(2) shall be permitted access to photographs without the inmate's or parolee's consent.
(1) News media and non-news media representatives shall pay for the facility's cost to provide such requested departmental identification photographs.
(2) Current departmental identification photographs of escaped inmates and parolees at large shall be provided without charge.
(e) Possession of any camera or other recording device within a facility is prohibited unless specifically authorized by the institution head.
(f) No camera or other recording device shall be permitted within the execution chamber area.
(1) Photographs or any other audio or visual recordings of an execution are prohibited.
(2) Media photography, filming or videotaping of the execution chamber is prohibited; however, stock department photographs and videotapes of the area are available upon request.
(g) Before photographers and camera operators enter a facility, they shall be informed of any restrictions, including that photographs or recordings are prohibited of: persons without their consent; and procedures, equipment or structures which will comprise security.
(h) Any photographs, film, video tape or other recording taken within facilities in violation of these regulations shall be seized and placed undamaged, undeveloped and unviewed in a secure area. The news media or non-news media representative's supplies and equipment shall not be damaged.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 4570, 4570.1 and 5054, Penal Code.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
3. Amendment filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
Note • History
Visitors may be permitted to attend athletic games and other types of entertainment held at facilities only under conditions that will not jeopardize facility security and the visitor's safety. Visitor attendance shall be by invitation only. Attendance of visitors shall not deprive inmates of attendance or adequate seating at such events. Admission fees shall not be charged.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
Note • History
Visits to a facility by interested groups may be permitted under conditions not jeopardizing facility security or the safety of persons. Visitors shall be escorted through the facility as specified by the institution head. Tours shall be conducted in a manner avoiding embarrassment of inmates or visitors, and disruption of normal activities.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section filed 12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error (Register 92, No. 4).
3. Editorial correction of printing error (Register 92, No. 5).
4. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92 and filed 5-26-92 (Register 92, No. 22).
Note • History
Employees requesting to bring visitors into a facility shall first obtain authorization from the institution head.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
§3265. Arts and Crafts Exhibits.
Note • History
(a) The public may be permitted to attend displays of inmate-made articles provided:
(1) Facility security shall not be jeopardized.
(2) Adequate facilities and staff are available to control against unauthorized visiting and introduction of contraband.
(3) The activity does not interfere with the normal facility operation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 24).
§3266. Inmate Contacts with the Public.
Note • History
Inmates shall not initiate any personal contact with the public except as specifically authorized. This does not preclude an inmate's courteous and appropriate response when contact is initiated by a member of the public.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4570 and 5054, Penal Code.
HISTORY
1. Renumbering of former section 3072 to new section 3266, including amendment of section heading and text, and new Note filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
§3267. Access of Public Officials to Facilities.
Note • History
(a) A public official, except as provided in (b) below, of another governmental department or agency who needs to interview staff or inmates or to conduct an inspection shall request permission of the institution head at least 24 hours before the date and time of their desired arrival, stating the purpose of the proposed visit. Upon their arrival, the official's access shall be subject to the following requirements:
(1) The official shall be required to produce their picture identification and consent to a search.
(2) The official shall be escorted by staff at all times within the facility's security area.
(3) Any equipment required by the official shall be searched and under the control of staff while it is within the facility's security area.
(b) An elected state official's access may be denied only during an emergency with the approval of the Secretary of the California Department of Corrections and Rehabilitation. Access by the guests or staff of such officials may be denied when they have not been previously approved by the institution head.
(c) In cases of immediate need, and upon notification by the Secretary in writing, any prohibitions regarding access to inmates by public officials, their guests or staff may be suspended to assist in the interest of public understanding of departmental operations and responsibilities.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 11-5-92; operative 12-7-92 (Register 92, No. 45).
2. Amendment of subsection (b) and new subsection (c) filed 8-29-2008; operative 9-28-2008 (Register 2008, No. 35).
Article 1.5. Use of Force and Restraining Devices.
Note • History
The purpose of this Section is to set forth Department of Corrections and Rehabilitation (CDCR) policy governing the use of force. The policy has its foundation in California Penal Code statutes and relevant case decisions.
(a) Definitions.
(1) Reasonable Force:
The force that an objective, trained and competent correctional employee, faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
(2) Unnecessary Force:
The use of force when none is required or appropriate.
(3) Excessive Force:
The use of more force than is objectively reasonable to accomplish a lawful purpose.
(4) Immediate Use of Force:
The force used to respond without delay to a situation or circumstance that constitutes an imminent threat to security or the safety of persons.
(5) Controlled Use of Force:
The force used in an institution/facility setting, when an inmate's presence or conduct poses a threat to safety or security and the inmate is located in an area that can be controlled or isolated.
(6) Non-Conventional Force:
Force that utilizes techniques or instruments that are not specifically authorized in policy, procedures, or training. Depending on the circumstances, non-conventional force can be necessary and reasonable; it can also be unnecessary or excessive.
(7) Non-Deadly Force:
Any use of force that is not likely to result in death.
(8) Deadly Force:
Any use of force that is likely to result in death. Any discharge of a firearm other than the lawful discharge during weapons qualifications, firearms training, or other legal recreational use of a firearm, is deadly force.
(9) Response Supervisor:
The Response Supervisor is the first line supervisor in an institution/facility responsible for the area where an incident occurs.
(10) Responding Supervisor:
The Responding Supervisor is the first line supervisor responsible for the employee involved in an incident.
(11) Incident Commander:
The Incident Commander is the second line supervisor in an institution/facility responsible for the area where an incident occurs or an allegation of excessive or unnecessary force is received.
(12) First Level Manager:
A First Level Manager in an institution/facility is a Facility Captain/Correctional Captain.
(13) First Line Manager:
A First Line Manager is a Parole Administrator, District Administrator, Special Agent-In-Charge, or Senior Special Agent.
(14) Second Level Manager:
A Second Level Manager in an institution/facility is an Associate Warden.
(15) Second Line Manager:
A Second Line Manager is a Deputy Regional Parole Administrator or Chief.
(16) Deadly Force Review Board (DFRB) means the board responsible for conducting a full and complete review of all incidents involving a use of deadly force (except those meeting the criteria set forth in 3268(a)(20)) and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting. The DFRB shall be composed of at least four members. Three shall be non-departmental law enforcement professionals. One shall be a Division, Parole Region, or Institution/Facility Manager (i.e. Associate Director, Division of Juvenile Justice (DJJ) Superintendent, Chief or designee) from outside the chain of command of the involved employee(s). Additional members may be designated by the Secretary or designee.
(17) Institutional Executive Review Committee (IERC):
The IERC is a committee of institution staff chaired by the respective Institution Head tasked with reviewing all uses of force and every allegation of excessive or unnecessary force.
(18) Department Executive Review Committee (DERC):
Department Executive Review Committee (DERC) is a committee of staff selected by, and including, the Associate Director who oversees the respective institution/facility Mission-based group. The DERC shall review all incidents involving deadly force, serious injury, great bodily injury or death. The DERC shall also review those incidents referred to the DERC by the IERC Chairperson or otherwise requested by the DERC.
(19) Field Executive Review Committee (FERC):
The FERC is a committee of field staff chaired by the respective Regional Parole Administrator, Assistant Secretary, or Chief tasked with reviewing all uses of force and every allegation of excessive or unnecessary force.
(20) Deadly Force Investigation Teams (DFIT):
DFIT is a team of trained department investigators that shall conduct criminal and administrative investigations into every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force, except the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm. Although defined as deadly force DFIT need not investigate the discharge of a warning shot inside an institution/facility if an Investigative Services Unit Sergeant or above, or an uninvolved Correctional Lieutenant or above confirms that the discharge of deadly force was a warning shot and that no injuries were caused by the shot. All warning shots shall be reported to the Office of Internal Affairs/DFIT and the Bureau of Independent Review (BIR).
(21) Joint Use Committee (JUC):
The JUC is a committee of field staff from the department tasked with reviewing and evaluating recommended revisions to the department's Use of Force Regulations and Procedures.
(22) Holding Cells:
A holding cell is a secure structure located within a building or sheltered area that is without running water, a toilet, or sleeping facilities, and is designed for the interim placement of one or more offenders.
(b) It is the policy of the Department of Corrections and Rehabilitation (CDCR) to accomplish the departmental functions with minimal reliance on the use of force. Employees may use reasonable force as required in the performance of their duties, but unnecessary or excessive force shall not be used.
(c) Use of Force Options. Use of Force options do not have to be utilized in any particular sequence, but should be the force option staff reasonably believes is sufficient. Whenever possible, verbal persuasion or orders shall be issued prior to resorting to force and are required to be provided before controlled force is used. The unresisted searching or escorting of a person and the unresisted application of authorized restraint equipment is not a use of force. Use of force options include but are not limited to:
(1) Chemical agents.
(2) Hand-held batons.
(3) Physical strength and holds. A choke hold or any other physical restraint which prevents the person from swallowing or breathing shall not be used unless the use of deadly force would be authorized.
(4) Less-lethal weapons: A less-lethal weapon is any weapon that is not likely to cause death. A 37mm or 40mm launcher and any other weapon used to fire less-lethal projectiles is a less-lethal weapon.
(5) Lethal weapons: A lethal weapon is any weapon that is likely to result in death. A firearm is a lethal weapon because it is used to fire lethal projectiles.
(d) The CDCR recognizes the sanctity of human life. Therefore, deadly force will only be used when it is reasonably necessary to:
(1) Defend the employee or other persons from an immediate threat of death or great bodily injury.
(2) Prevent an escape from custody.
(3) Stop acts such as riots or arson that constitute an immediate jeopardy to institutional security and, because of their magnitude, are likely to result in escapes, great bodily injury, or the death of other persons.
(4) Dispose of seriously injured or dangerous animals when no other disposition is practical.
(e) In facilities contracted to house CDCR inmates outside of California, the use of deadly force shall only be applied in accordance with applicable law in the state where the facility is located.
(f) A firearm shall not be discharged if there is reason to believe that persons other than the intended target will be injured.
(g) Firearms may be discharged as a warning only in an institutional/facility setting and only when deadly force is permitted under Section 3268(d).
(h) Immediate Use of Force. A verbal warning shall be given before force is used unless the circumstances requiring the immediate force preclude such a verbal warning.
(i) Controlled Use of Force. In an institution/facility setting, controlled use of force may be used when time and circumstances permit advance planning, staffing and organization. A controlled use of force requires authorization and the presence of a First or Second Level Manager, or during non-business hours, an AOD and must be documented on a CDCR Form 3037 (Rev. 6/09), Controlled Use of Force Manager/AOD Report, which is hereby incorporated by reference.
(j) Tactical Use of Force. In a field or community setting, the tactical use of force is part of an operation plan at a predetermined location with intended targets. All use of force options available shall be considered. The Tactical Use of Force shall require prior supervisory approval during the operation planning.
(k) Chemical Agents. Departmentally approved chemical agents include, but are not limited to the following: oleoresin capsicum (OC), chloroacetophenone (CN), and orthochlorobenzalmalononitrile (CS).
(l) Decontamination from Chemical Agents. Any person exposed to a chemical agent shall be afforded an opportunity to decontaminate as soon as practical. If the person refuses to decontaminate, no other action is necessary. If an inmate was exposed in a cell and not removed from the cell where the exposure occurred, in-cell decontamination shall be afforded to the inmate, to include but not be limited to:
(A) Health care staff advising the inmate how to self decontaminate in the cell.
(B) Health care staff monitoring the in-cell inmate at least every 15 minutes for a period not less than 45 minutes.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2651, 2652 and 5054, Penal Code; Section 50, Civil Code; Whitley v. Albers (1985) 475 U.S. 312, 106 S.Ct. 1078; and Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH).
HISTORY
1. New article 1.5 (sections 3268-3268.2) and section 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 of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order, including amendment of first paragraph, transmitted to OAL 9-8-99 and filed 10-20-99 (Register 99, No. 43).
4. Amendment of section and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
§3268.1. Reporting and Investigating the Use of Force for Institution/Facility Staff.
Note • History
(a) Use of Force-Reporting Requirements. Every staff use of force is an incident that shall be reported.
(1) Any employee who uses force or observes a staff use of force shall report it to a supervisor as soon as practical and submit the appropriate documentation, prior to being relieved from duty. In an institution/facility setting the documentation shall be on a CDCR Form 837-A (Rev. 7/05), Crime/Incident Report Part A-Cover Sheet, CDCR Form 837-A1 (Rev. 7/05), Crime/Incident Report Part A1-Supplement, CDCR Form 837-B1 (Rev. 7/05), Crime/Incident Report Part B1-Inmate, CDCR Form 837-B2 (Rev. 7/05), Crime/Incident Report Part B2-Staff, CDCR Form 837-B3 (Rev. 7/05), Crime/Incident Report Part B3-Visitor/Other, CDCR Form 837-C (Rev. 7/05), Crime/Incident Report Part C-Staff Report, CDCR Form 837-C1 (Rev. 7/05), Crime/Incident Report Part C1-Supplement, CDCR Form 837-C2 (Rev. 7/05), Crime/Incident Report Part C2-Review Notice, which are hereby incorporated by reference.
(2) The supervisor shall document his or her review on a CDCR Form 3010 (Rev.6/09), Incident Commander's Review/Critique Use of Force Incidents, which is hereby incorporated by reference, and forward it with the employee's document through the designated chain of command, to the institution head for approval or follow-up action.
(b) Additional Reporting Requirements for Use of Deadly Force.
(1) An employee who intentionally or accidentally uses deadly force, whether on or off duty, shall ensure that a supervisory employee is notified of the incident without delay. This reporting is not required for the lawful discharge of a firearm during weapons qualifications, firearms training, or other legal recreational use of a firearm.
(2) The response supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical and security measures are initiated.
(A) If the incident is in an institution/facility, the response supervisor shall obtain a public safety statement(s) (oral statement) from the staff employing deadly force and shall document the essence of the oral statement in writing and submit it to the incident commander. Providing a public safety statement does not relieve the staff of the responsibility to submit a written report in accordance with 3268.1(a), or within 24 hours after the incident.
(B) For incidents occurring in a community setting, the on-duty supervisor shall ensure local law enforcement is contacted.
(3) The incident commander shall notify the Office of Internal Affairs (OIA) and the Bureau of Independent Review (BIR) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death or GBI that could have been caused by a staff use of force.
(c) Any employee who observes a use of force that is unnecessary or excessive shall attempt to stop the violation. Any employee who becomes aware of an allegation of unnecessary or excessive use of force, whether it occurs during a reportable incident or not, shall verbally report the allegation to a custody supervisor as soon as possible, followed by the submission of the appropriate documentation.
(d) Video Recording Requirements.
(1) A video recording is required for all Controlled Uses of Force occurrences. A video recording of the inmate is also required following a use of force occurrence resulting in SBI or GBI to the inmate.
(2) A video recording of the inmate shall be made when the inmate has made an allegation of an unnecessary or excessive use of force and shall be documented on a CDCR Form 3013 (Rev. 02/10), Inmate Interview Guidelines and a CDCR Form 3014 (Rev. 6/09), Report of Findings -- Inmate Interview, which are hereby incorporated by reference.
(e) Reviewing Use of Force Requirements.
(1) For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the staff's actions prior to, during, and subsequent to the force used was in compliance with regulations, procedure and applicable law and determine if follow-up action is necessary.
(2) Use of Force levels of review include the following:
(A) Incident Commander Review, CDCR Form 3010 (Rev. 6/09), Incident Commander's Review/Critique Use of Force Incidents.
(B) First Level Manager Review, CDCR Form 3011 (Rev. 6/09), Manager's Review -- First Level Use of Force Incidents, which is hereby incorporated by reference.
(C) Second Level Manager Review, CDCR Form 3012 (Rev. 6/09), Manager's Review -- Second Level Use of Force Incidents, which is hereby incorporated by reference.
(D) Use of Force Coordinator Review. The Use of Force Coordinator shall normally schedule all logged use of force cases for review within 30 days of their logged occurrence. The Use of Force Coordinator shall document their review on a CDCR Form 3034 (6/09), IERC Allegation Review, and a CDCR Form 3036 (6/09), IERC Critique and Qualitative Evaluation, which are hereby incorporated by reference.
(E) Institutional Executive review Committee (IERC). Normally, the IERC is comprised of the following staff:
1. Institution Head or Chief Deputy Warden, as chairperson and final decision maker,
2. At least one other manager assigned on a rotational basis,
3. In-Service Training Manager,
4. One health care practitioner or clinician, and
5. A Use of Force Coordinator.
6. Other designated supervisors and rank and file staff may also attend, as determined by the Institution Head. A representative of the BIR may also attend and monitor IERC meetings.
7. The IERC shall meet to review its cases on at least a monthly basis, or on a schedule to ensure all cases are reviewed within 30 days. The IERC shall document their review on a CDCR Form 3035 (6/09), IERC Use of Force Review & Further Action Recommendation, which are hereby incorporated by reference.
(F) Department Executive Review Committee (DERC).
(f) Investigating Deadly Force and Any Use of Force that could have caused Death or Great Bodily Injury.
(1) Every use of deadly force (except those meeting the criteria set forth in 3268(a)(20)) and every death or great bodily injury that could have been caused by a staff use of force will be investigated by the Deadly Force Investigation Team (DFIT) and reviewed by the Deadly Force Review Board (DFRB).
(2) DFIT shall conduct criminal and administrative investigations of every death or great bodily injury that could have been caused by a staff use of force and every use of deadly force, except those meeting the criteria set forth in 3268(a)(20), the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm.
(3) DFRB shall conduct a full and complete review of all incidents involving a use of deadly force (except those meeting the criteria set forth in 3268(a)(20)) and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.
(g) Use of Force Joint Use Committee (JUC). The Use of Force JUC shall review and evaluate recommended revisions to the CDCR's Use of Force Regulations and Procedures. The JUC shall be comprised of the following field staff:
(1) At least one Institution Head, as chairperson,
(2) At least one staff member from each DAI mission based region, at the level of Lieutenant or Captain,
(3) At least one Use of Force Coordinator,
(4) At least three representatives from the California Correctional Peace Officer Association (CCPOA), as designated by the CCPOA,
(5) The Chief of BIR, or designee, and
(6) Others as needed and assigned by the Deputy Director, DAI.
The JUC shall meet quarterly as necessary, but not less than annually, to review recommended revisions.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2651, 2652 and 5054, Penal Code; Section 50, Civil Code; and Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH).
HISTORY
1. New section 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 of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order, including amendment of subsections (a)(1) and (b)(2), transmitted to OAL 9-8-99 and filed 10-20-99 (Register 99, No. 43).
4. Amendment of section heading, section and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
Note • History
(a) Only state issued restraint gear and equipment that has been authorized by the CDCR for use at the discretion of staff shall be issued/assigned to an employee or carried/used by an employee while on duty. Any use of unauthorized restraint gear or equipment or use of approved restraint gear or equipment in a manner other than specified in (b) shall require a pre-approval in writing by the Hiring Authority of the institution/facility/unit that is making the request.
(b) Mechanical means of physical restraint may be used only under the following circumstances:
(1) When transporting a person between locations.
(2) When a person's history, present behavior, apparent emotional state, or other conditions present a reasonable likelihood that he or she may become violent or attempt to escape.
(3) When directed by licensed health care clinicians, to prevent a person from attempting suicide or inflicting injury to himself or herself.
(c) Mechanical restraints shall not be:
(1) Used as punishment.
(2) Placed around a person's neck.
(3) Applied in a way likely to cause undue physical discomfort or restrict blood flow or breathing. e.g., hog-tying.
(4) Used to secure a person to a fixed object except, as a temporary emergency measure. However, a person who is being transported shall not be locked in any manner to any part of the transporting vehicle.
(5) Placed on an inmate during labor, including during transport to a hospital, during delivery, and while in recovery after giving birth, unless circumstances exist that require the immediate application of mechanical restraints to avoid the imminent threat of death, escape, or great bodily injury, and only for the period during which such threat exists.
(d) When mechanical restraint is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. However, additional mechanical restraint, including leg irons, additional chains, straight jackets, leather cuffs, or other specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices will provide. The unresisted application of authorized restraint equipment in not a use of force.
(e) Use of mechanical restraints on persons confirmed, or suspected by health care staff to be pregnant shall be subject to the following requirements:
(1) No leg restraints or waist chains shall be applied.
(2) If handcuffs are applied, the person's arms shall be brought to the front of her body for application.
(3) When transporting a pregnant inmate off institutional grounds, the application of restraint gear shall be restricted to handcuffs to the front of the inmate only. If the pregnant inmate is in labor, the rules provided in subsection 3268.2(c)(5) shall also be followed.
(f) Use of restraint equipment by direction of licensed health care clinicians shall be fully documented in the medical file of the restrained inmate parolee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054, Penal Code; and Madrid v. Cate (U.S.D.C. N.D. Cal. C90-3094 TEH).
HISTORY
1. Renumbering of former section 3280 to new section 3268.2, including amendment of section heading, section and Note, 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 of History 1 (Register 99, No. 24).
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).
4. New subsections (b)(5) and (d)(1)-(3), subsection relettering and amendment of Note filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
5. Amendment of section and Note filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
§3268.3. Reporting and Investigating the Use of Force for Field Staff.
Note • History
(a) Use of Force-Reporting Requirements. Every staff use of force is an incident that shall be reported.
(1) Any employee who uses force or observes CDCR staff use of force in a community or field setting shall report it to a supervisor as soon as practical and submit the appropriate documentation, prior to being relieved from duty. The documentation shall be on a CDCR Form 1662-A (Rev. 9/09), Field Incident Report Part A-Cover Sheet, CDCR Form 1662-B (Rev. 9/09), Field Incident Report Part B-Summary Information, CDCR Form 1662-C (Rev. 9/09), Field Incident Report Part C-Employee Report, CDCR Form 1662-C1 (Rev. 9/09), Field Incident Report Part C1-Supplement Page, which are hereby incorporated by reference.
(2) Any employee not assigned to an institution/facility who uses force or observes CDCR staff use of force in an institution/facility environment, shall report it to a supervisor as soon as practical and follow up with appropriate documentation as required in section 3268.1(a)(1). A copy of the report shall be provided to the employee's supervisor and the original shall be retained by the institution/facility Incident Commander.
(3) The supervisor shall document his or her review on a CDCR Form 3010-A (Rev. 9/09), Field: Use of Force Incident -- Supervisor Review/Critique, which is hereby incorporated by reference, and forward it with the employee's document through the designated chain of command, to the regional parole administrator for approval or follow-up action.
(b) Additional Reporting Requirements for Use of Deadly Force.
(1) An employee who intentionally or accidentally uses deadly force, whether on or off duty, shall ensure that a supervisory employee is notified of the incident without delay. This reporting is not required for the lawful discharge of a firearm during weapons qualifications, firearms training, or other legal recreational use of a firearm.
(2) A supervisor shall ensure that the chain of command is notified and all necessary health and safety, medical and security measures are initiated.
(A) The responding supervisor shall obtain a public safety statement(s) (oral statement) from the staff employing deadly force and shall document the essence of the oral statement in writing and submit it to the incident commander. Providing a public safety statement does not relieve the staff of the responsibility to submit a written report in accordance with 3268.3(a), or within 24 hours after the incident.
(B) The responding supervisor shall ensure local law enforcement is contacted.
(3) The incident commander or responding supervisor shall notify the Office of Internal Affairs (OIA) and the Bureau of Independent Review (BIR) as soon as possible, but no later than one hour from the time the incident is discovered, of any use of deadly force and every death or GBI that could have been caused by a staff use of force.
(c) Any employee who observes a use of force that is unnecessary or excessive shall attempt to stop the violation. Any employee who becomes aware of an allegation of unnecessary or excessive use of force, shall report the allegation verbally to a supervisor as soon as possible, followed by the submission of the appropriate documentation.
(d) Video Recording Requirements.
(1) A video recording is required for Uses of Force which result in serious bodily injury or great bodily injury, except when video recording is prohibited in a local jail or custody location.
(2) A video recording of a person shall be made when the person has made an allegation of an unnecessary or excessive use of force, except when video recording is prohibited in a local jail or custody location. All allegations shall be documented on a CDCR Form 3013-A (Rev. 02/10), Field: Supervisory Use of Force Interview Guide and a CDCR Form 3014-A (Rev. 9/09), Field: Supervisory Use of Force Interview Findings Report, which are hereby incorporated by reference.
(e) Reviewing Use of Force Requirements.
(1) For reported incidents, a good faith effort must be made at all levels of review in order to reach a judgment whether the staff's actions prior to, during, and subsequent to the force used was in compliance with regulations, procedure and applicable law and determine if follow-up action is necessary.
(2) Use of Force levels of review include the following:
(A) Incident Commander Review, CDCR Form 3010-A (Rev. 9/09), Field: Use of Force Incident -- Supervisor Review/Critique.
(B) First Line Manager Review, CDCR Form 3011-A (Rev. 9/09), Field: Use of Force Incident -- Manager Review/Critique, which is hereby incorporated by reference.
(C) Second Line Manager Review, CDCR Form 3012-A (Rev. 9/09), Field: Executive Review of Use of Force Critique and Qualitative Evaluation/Analysis, which is hereby incorporated by reference.
(D) Regional Use of Force Coordinator Review. The Use of Force Coordinator shall normally schedule all logged use of force cases for review within 30 days of their logged occurrence. The Regional Use of Force Coordinator shall document their review on a CDCR Form 3034-A (9/09), Field: Executive Review Committee -- Use of Force/Misconduct Allegation, and a CDCR Form 3036-A (9/09), Field: Executive Review Committee Critique and Qualitative Evaluation/Analysis, which are hereby incorporated by reference.
(E) Field Executive Review Committee (FERC). Normally, the FERC is comprised of the following staff:
1. Regional Parole Administrator, Chief, or Assistant Secretary as chairperson and final decision maker,
2. At least one other manager,
3. Supervising Regional Training Coordinator,
4. A Use of Force Coordinator.
5. Other designated supervisors and rank and file staff may also attend, as determined by the Regional Parole Administrator. A representative of the BIR may also attend and monitor FERC meetings.
6. The FERC shall meet to review its cases on at least a monthly basis, or on a schedule to ensure all cases are reviewed within 30 days. The FERC shall document their review on a CDCR Form 3035-A (9/09), Field: Executive Review Committee/Further Action Recommendation-Use of Force/Misconduct Allegation, which is hereby incorporated by reference.
(F) Department Executive Review Committee (DERC).
(f) Investigating Deadly Force and Any Use of Force that could have caused Death or Great Bodily Injury
(1) Deadly Force Investigation Team (DFIT). The following instances shall be referred to the DFIT for investigation:
(A) Every use of deadly force; except the lawful discharge of a firearm during weapons qualifications or firearms training, or other legal recreational uses of a firearm.
(B) Every use of force incident that resulted in death.
(C) Every incident resulting in great bodily injury that could have been caused by a staff use of force.
(2) The Deadly Force Review board (DFRB) is responsible for conducting a full and complete review of all incidents involving a use of deadly force and every death or great bodily injury that could have been caused by a staff use of force, regardless of whether the incident occurs in an institutional or community setting.
(3) Every use of deadly force and every death or great bodily injury that could have been caused by a staff use of force will be investigated by the DFIT and reviewed by the DFRB.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a, 2651, 2652 and 5054 Penal Code; and Section 50, Civil Code.
HISTORY
1. New section filed 8-19-2010; operative 8-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
Article 1.6. Inmate Housing
§3269. Inmate Housing Assignments.
Note • History
Inmates shall accept Inmate Housing Assignments (IHAs) as directed by staff. It is the expectation that all inmates double cell, whether being housed in a Reception Center, General Population (GP), an Administrative Segregation Unit (ASU), a Security Housing Unit (SHU), or specialty housing unit. If staff determines an inmate is suitable for double celling, based on the criteria as set forth in this section, the inmate shall accept the housing assignment or be subject to disciplinary action for refusing. IHAs shall be made on the basis of available documentation and individual case factors. Inmates are not entitled to single cell assignment, housing location of choice, or to a cellmate of their choice.
(a) Upon arrival at an institution, facility, or program reception center, a designated custody supervisor shall screen an inmate for an appropriate housing assignment. The screening authority involved in the review and approval of an inmate's housing assignment must evaluate all factors to be considered, including but not limited to:
• Length of sentence.
• Enemies and victimization history.
• Criminal influence demonstrated over other inmates.
• Reason(s) for prior segregation.
• History of “S” suffix determination pursuant to CCR subsection 3377.1(c).
• History of in-cell assaults and/or violence.
• Prison gang or disruptive group affiliation and/or association.
• Nature of commitment offense.
• Documented reports from prior cellmate(s) that the inmate intimidated, threatened, forced, and/or harassed him or her for sex.
• Documentation that the cellmate(s) refused to return to a cell occupied by the inmate because of fear, threats, or abuse perpetrated by the inmate.
• Documentation that the inmate has been the victim of a sexual assault.
• Adjudicated Department Rules Violations Reports (RVR) where the inmate was found guilty as a perpetrator in an act of physical abuse, sexual abuse, sodomy, or other act of force against a cellmate.
(b) The screening authority shall complete a CDCR Form 1882 (rev. 2/07), Initial Housing Review, stating if the inmate is suitable for dorm/cell housing with or without special restrictions. Restrictions are any case factors which may limit the inmate's housing placement options such as, but not limited to:
• Security issues including ASU and SHU placement.
• Request for Protective Custody.
• Medical or mental health issues.
• Integrated Housing Code.
Staff shall ensure that the housing policies regarding special category inmates covered under specific litigation remain in place during the housing assignment.
(c) Upon placement in an ASU or SHU, inmates shall be screened for an appropriate cell assignment using the same criteria as inmates being screened for housing in the general population. The reason for ASU or SHU placement shall also be taken into consideration.
Based on available information and the inmate interview, the screening authority shall determine if the inmate is suitable for single or double celled housing, and shall complete a CDC Form 114-A1 (rev. 10/98), Inmate Segregation Profile. Unless approved for single cell assignment, an inmate in ASU or SHU is expected to share a cell with another inmate.
(d) Single cell status shall be considered for those inmates who demonstrate a history of in-cell abuse, significant in-cell violence towards a cell partner, verification of predatory behavior towards a cell partner, or who have been victimized in-cell by another inmate. Staff shall consider the inmate's pattern of behavior, not just an isolated incident. An act of mutual combat in itself does not warrant single cell status. The following factors must be considered when evaluating single cell status, noting these factors are not exclusive of other considerations:
(1) Predatory behavior is characterized by aggressive, repeated attempts to physically or sexually abuse another inmate.
(2) Documented and verified instances of being a victim of in-cell physical or sexual abuse by another inmate.
(e) Should the screening authority determine that single cell designation is appropriate, the inmate's case factors shall be reviewed by a classification committee for determination of appropriate housing and designation for an “S” suffix. A classification committee may consider whether an inmate with single cell designation has since proven capable of being double-celled.
(f) In cases where single cell status is recommended by clinical staff due to mental health or medical concerns, a classification committee shall make the final determination of an inmate's cell assignment. The classification committee shall consider the clinical recommendations made by the evaluating clinician with assistance from the clinician who participates in the committee and review the inmate's case factors when determining the housing assignment. Single cell status based upon clinical recommendation is usually a temporary short-term measure and must be periodically reviewed, minimally at an inmate's annual review or more frequently at the inmate's/clinician's request.
(g) If an inmate refuses to be housed as determined to be appropriate to this section, the inmate shall be subject to the disciplinary process, with the potential to be housed in alternative and more restrictive housing. Refusal to participate will result in the issuance of a Rules Violation Report (RVR) for Conduct, subsection 3005(c), Refusing to Accept Assigned Housing, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the performance of Duty (CCR subsection 3323(f)(6)). Subsequent acts of the above listed offense will result in the issuance of additional disciplinary reports and consideration for placement in more restrictive housing such as an ASU or a SHU.
NOTE
Authority cited: Section 5058, Penal Code. Reference: 5054, Penal Code.
HISTORY
1. New section filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-18-2008 order, including amendment of subsection (f), transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
3. Change without regulatory effect amending subsection (a) filed 3-28-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 13).
Note • History
An inmate's race will not be used as a primary determining factor in housing an institution's inmate population. Inmate housing assignments shall be made on the basis of available documentation and individual case factors to implement an Integrated Housing Policy (IHP). Individual case factors include, but are not limited to, such factors as:
(1) History of racial violence.
(2) Commitment offense/time to serve.
(3) Classification score.
(4) Custody level.
(5) Education.
(6) Disciplinary history.
The IHP is set forth in these regulations. Housing assignments will be determined in a manner that will ensure that the safety, security, treatment, and rehabilitative needs of the inmate are considered, as well as the safety and security of the public, staff and institutions. Upon adoption of these regulations in 2007, the department will begin to update a computer tracking system to include the assignment of an Integrated Housing Code (IHC) as set forth in subsection (b) that will be used to identify each inmate's ability to integrate. On January 1, 2008, actual implementation of the IHP will commence at designated facilities. On January 1, 2009, the IHP will begin to be implemented at all remaining institutions.
(a) The department's housing protocol will require male inmates to be housed in an appropriate bed, based on each inmate's Integrated Housing Code (IHC) and/or individual case factors. The department will utilize a computer tracking system to identify, track, and monitor an inmate's eligibility to integrate when being housed.
(b) Based on a review of an inmate's individual case factors and a personal interview with an inmate, an IHC will be assigned. The appropriateness of an inmate's IHC will be assessed at least at an inmate's Annual Review, or as case factors may change, and adjusted as necessary. An IHC that may be assigned are detailed as follows:
(1) RE, Racially Eligible. An inmate that has not been a victim or perpetrator of a racially motivated crime and can live with members of any race. It is the expectation of the department that all inmates will be coded RE, unless certain case factors dictate otherwise.
(2) RP, Restricted Partially. An inmate that may be considered ineligible to live with inmates of a particular race. Ineligibility to live with someone of another race could be based on a racially motivated incident, where racial beliefs or attitudes were the cause of the incident.
(3) RO, Restricted to Own (Race). An inmate that has been the victim and/or perpetrator of a racially motivated crime. Inmates who are coded RO Restricted to Own will not be precluded from integration in other aspects of institutional operation, such as a school or work assignment. Inmates coded as RO are not precluded from racially integrated housing for the entire duration of their sentence.
(4) RT, Restricted Temporarily by Custody. Inmates with insufficient information or documentation for the designated custody supervisor to make an objective determination shall be coded RT for Restricted Temporarily Restricted by Custody. This code may be used when conflicting information arrives with the inmate or when questionable statements or behavior by the inmate are observed that are not consistent with the inmate's claim of eligibility.
(5) RR, Restricted by Refusal. Inmate is otherwise eligible for integrated housing but refuses to participate. Refusal to accept an integrated housing assignment, when all available documentation and information does not preclude such, shall result in disciplinary action with the potential to be housed in alternative and more restrictive housing, such as an Administrative Segregation Unit (ASU) or a Security Housing Unit (SHU).
(c) Inmates arriving in a facility Receiving and Release will be interviewed in accordance with the established process for intake. The designated custody supervisor will use the information provided during the interview as well as the supporting documents received to determine the inmate's eligibility for an integrated housing assignment.
(d) New arrivals at a facility or inmates who require a bed assignment change will be housed in the first available and appropriate bed, taking into consideration all relevant case factors. Staff will also consider other available information that would indicate or present an immediate risk or safety concern for the inmate such as, but not limited to:
(1) Security issues including ASU placement.
(2) SHU.
(3) Request for Protective Custody.
(4) Prison gang or disruptive group affiliation or association.
(5) Medical or mental health issues.
(6) Length of term.
(7) Height, weight, and age.
Staff will continue to ensure that current housing policies regarding special category inmates covered under specific litigation remain in place during the housing process.
(e) If an inmate refuses to be housed in appropriately determined housing, he shall be subject to the disciplinary process, with the potential to be housed in alternative and more restrictive housing. Refusal to participate will result in the issuance of a Rules Violation Report (RVR) for Conduct, section 3005(c), Obeying Orders, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the Performance of Duty (CCR subsection 3323(f)(6)), and shall be considered after the first RVR for placement in more restrictive housing such as an ASU or a SHU. At any time during this process the inmate may elect to participate in the IHP.
(f) Disciplinary restrictions will be applied as a result of a disciplinary process where inmates are afforded due process. The suspension of privileges based on a finding of guilt in a disciplinary hearing shall be assessed as set for the in CCR subsections 3315(f)(5)(M)1. and (M)2.
(g) In the event that facility management determines that a temporary suspension of assignments within a unit to integrated beds is warranted, the Warden or designee shall request approval from their mission based Associate Director for a temporary suspension of integrated housing assignments consistent with the lockdown or modified program. Regular housing assignment procedures shall be resumed in accordance with the Integrated Housing policy upon resolution of the incident.
NOTE
Authority cited: Section 5058, Penal Code. Reference: 5054, Penal Code; Johnson v. California (2005) 543 U.S. 499 [125 S. Ct. 1141], remand of Johnson v. California, (9th Cir. 2007) [Dock. No. CV 95-1192 CBM(BQR)].
HISTORY
1. New article 1.6 (section 3269.1) and section filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
2. Amendment of subsection (g) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
Article 2. Security
The primary objectives of the correctional institutions are to protect the public by safely keeping persons committed to the custody of the Director of Corrections, and to afford such persons with every reasonable opportunity and encouragement to participate in rehabilitative activities. Consistent effort will be made to insure the security of the institution and the effectiveness of the treatment programs within the framework of security and safety. Each employee must be trained to understand how physical facilities, degree of custody classification, personnel, and operative procedures affect the maintenance of inmate custody and security. The requirement of custodial security and of staff, inmate and public safety must take precedence over all other considerations in the operation of all the programs and activities of the institutions of the department.
Comment: Former DP-4201, policy, general.
§3270.1. Lethal Electrified Fences.
Note • History
(a) For the purposes of this section, a lethal electrified fence is a high voltage fence installed for the lethal infliction of injury to escaping inmates.
(b) Safety precautions shall be instituted to prevent accidental electrocution. These precautions shall include, but are not limited to, the following:
(1) The posting of warning signs on the inner and outer perimeters of the facility informing staff, inmates, and the public of the presence of a lethal electrified fence.
(2) A visual inspection of the lethal electrified fence area at least once per shift.
(3) Regular inspections by an outside patrol of the perimeter areas.
(4) The presence of a staff person trained in energizing and deenergizing the fence prior to any authorized person entering the lethal electrified fence area.
(5) Inspections of lethal electrified fences as specified by a routine maintenance schedule.
(6) The insulation of lethal electrified fences between two security fences.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2052 and 5054, Penal Code.
HISTORY
1. New section filed 12-15-93 as an emergency; operative 12-15-93 (Register 93, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-25-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-15-94 as an emergency; operative 4-25-94 (Register 94, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-23-94 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 94, No. 37).
4. New section, including amendments, refiled 9-15-94; operative 9-15-94 (Register 94, No. 37).
§3271. Responsibility of Employees.
Every employee, regardless of his or her assignment, is responsible for the safe custody of the inmates confined in the institutions of the department.
Comment: Former DP-4202, responsibility of employees.
§3272. Custody Classification.
The classification committee at each institution must assign a custodial classification to each inmate, in accordance with the custodial classifications prescribed by the department. The senior custodial officer on duty may temporarily increase the custodial classification of an inmate at any time he or she believes such action is necessary to protect the security and good order of the institution. Such action is subject to classification committee review at the next regular meeting. Any reduction of an inmate's custody classification must be by classification committee action.
Comment: Former DP-4203, custody classification.
§3273. Acceptance and Surrender of Custody.
Wardens and superintendents must not accept or surrender custody of any prisoner under any circumstances, except by valid court order or other due process of law.
Comment: Former DP-4204, acceptance and surrender of custody.
§3274. Inmate Count and Movement.
Note • History
(a) Inmate count. Every institution head shall maintain a system to account at all times for inmates under their jurisdiction. A physical count of all inmates shall be taken at least four times during each calendar day unless otherwise authorized in writing by the director. No inmate activity shall be scheduled at a time which would disrupt a facility count.
(1) Standing count. At least one daily count shall be a standing count wherein inmates shall stand at their cell door or, in a dormitory, shall sit on their assigned bed during the designated count time.
(2) Emergency count. If staff determines an inmate may be missing, an emergency count shall be conducted to determine whether an escape has occurred and, if so, the identity of the escapee. When an emergency count is announced, inmates shall return to their assigned housing, except in a medical emergency or other exception specifically authorized by the official in charge.
(b) Inmate movement. Each facility shall establish a schedule of routine inmate movement to and from the facility's activities and assignments such as work and education, and the gym or exercise yard.
(1) Appointments. A CDC Form 129 (Rev. 7/88), Inmate Pass, shall be issued to an inmate approved for movement to a scheduled non-routine appointment. Medical service and case work appointments shall not be scheduled during an inmate's work or program hours unless an inmate cannot otherwise obtain the service or case work.
(2) Unscheduled movement. If unscheduled movement of an inmate is necessary, such movement shall not take place unless the inmate is escorted by staff, or a pass has been issued by staff authorizing the movement.
(3) Routine movement. A gate pass shall be maintained for each inmate assigned to work outside a facility's security area. The gate pass shall:
(A) Not be handled by any inmate.
(B) Include the inmate's identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes.
(C) Be rescinded by staff at the level of correctional lieutenant or higher, pending a classification committee review whenever:
1. A hold or detainer against an inmate's release, or notice thereof, is received by the facility.
2. Staff determines from the inmate's behavior that the inmate may require increased supervision.
3. Staff receives information indicating an inmate's increased escape potential.
(c) Lockdown or Modified Program. Facility procedures governing the restriction of inmate movement during a lockdown or modified program shall be established and updated daily during any lockdown or modified program.
(d) Limited visibility. When visibility at a facility is severely restricted or a state of emergency is declared, inmates shall be confined to their housing units, except as otherwise authorized by the official in charge. In such circumstances, all inmate movement shall be under the direct and constant supervision of staff.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and 5054, Penal Code.
HISTORY
1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-17-92 and filed 6-1-92 (Register 92, No. 23).
4. Amendment of subsection (c) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
Note • History
(a) Only such weaponry as has been approved by the director 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 director.
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 803.5, 5054, 4574, Penal Code.
HISTORY
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).
Note • History
(a) Only peace officers who have satisfactorily completed firearms training and who are currently qualified in the firing of departmental firearms shall be assigned to armed posts or otherwise be authorized to possess, carry or use a departmental firearm. Exceptions are only authorized in extreme emergencies when peace officers are not available in sufficient numbers or in time to stop or control a situation which warrants the immediate use of force, as described in section 3268.
(b) An employee appointed to a peace officer position wherein the specifications of the position include the carrying and use of firearms shall be given a reasonable time to complete firearms training and to qualify in the firing of departmental firearms. Persistent failure or refusal to satisfactorily complete firearms training and to qualify in the firing of departmental firearms shall be cause for dismissal from employment as a peace officer.
(c) Employees shall not have accessible, carry or use privately owned firearms or ammunition while on duty, except as authorized by the director or his/her designee. For the purpose of this section “on duty” means any time which is compensable as actual time worked.
(d) Employees who are ordered to carry a concealable firearm while on duty away from facilities where inmates/parolees are located shall keep the firearm concealed at all times except when use of the firearm is necessary. Employees on duty on the grounds of, and in, facilities where inmates/parolees are located shall not carry a concealed firearm unless ordered to do so by the official in charge.
(e) Each facility where inmates/parolees are located which maintains an unissued supply of firearms, ammunition, and other lethal weaponry as described in Section 3275, shall provide for its long-term storage in a physically secure armory. Armories shall be located so as to be under 24-hour-a-day coverage of an armed post and away from areas that are open to traffic by unsupervised inmates/parolees and the public. At camps or other locations where these armory requirements cannot be met, arrangements shall be made for the long-term storage of such equipment off the grounds. Community Correctional Facility armories shall be exempt from the armed coverage requirement, but they shall be under 24-hour-a-day observation by staff directly, or by video surveillance, and shall be equipped with audible electronic alarms.
(f) Each facility where inmates/parolees are located shall provide a physically secure locked container, located outside the security areas, for the temporary storage of firearms, ammunition and other weaponry of employees and officials who must come on the grounds or enter the facility in the course of their employment or official business.
(g) Employees and others who live on the grounds of facilities where inmates/parolees are located, and any guests or visitors of such persons, shall not bring to, maintain, store or keep any firearms or ammunition in such residences at any time. Arrangements shall be made for the use of storage facilities described in subsections (e) and (f).
(h) Firearms and ammunition shall not be left in an unattended vehicle at any time upon the grounds of facilities where inmates/parolees are located. Exceptions are authorized only when the vehicle is securely locked and under the direct observation of staff who are aware that the vehicle contains firearms or ammunition, or when the vehicle is equipped with a departmentally approved secure container for such equipment. Merely out of sight storage such as in the spare tire well, trunk or glove box does not meet the requirements for a secure container.
(i) The loss or theft of departmentally issued/authorized firearms/duty weapons or related equipment shall be immediately reported to the responsible employee's supervisor, and through the supervisor to the administrator of the jurisdiction of employment, and/or to the attention of the administrator in which the loss or theft occurred, if in a different jurisdiction. Local law enforcement agencies shall be notified, and a written report shall be made to the deputy director/assistant director within whose jurisdiction the loss or theft occurred.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 830, 830.5, 832, 4574 and 5054, Penal Code.
HISTORY
1. Repealer and new section filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
2. Amendment of subsection (a)(6) filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
3. 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.
4. Amendment of subsections (b) and (b)(5) 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.
5. Certificate of Compliance as to orders of 1-3-95 and 3-28-95 including amendment of section and Note transmitted to OAL 6-12-95 and filed 7-24-95 (Register 95, No. 30).
6. Amendment 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).
7. Editorial correction amending History 6 (Register 99, No. 26).
8. Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and filed 10-20-99 (Register 99, No. 43).
9. Amendment of subsections (c) and (i) filed 4-17-2002; operative 5-17-2002 (Register 2002, No. 16).
10. Amendment of subsection (e) filed 5-2-2007; operative 6-1-2007 (Register 2007, No. 18).
§3277. Use of Tear Gas. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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).
§3278. Control of Inmates and Parolees.
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 director.
Comment: Former DP-4209, control of inmates.
§3279. Use of Force. [Repealed]
History
HISTORY
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).
§3280. Mechanical Restraint. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2650, 2652 and 5054, Penal Code.
HISTORY
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).
§3281. Corporal Punishment. [Repealed]
History
HISTORY
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).
§3282. Use of Telephones by Inmates.
Note • History
(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.
(b) Facilities shall provide inmate telephones for use by general population inmates. Inmates may place collect telephone calls to persons outside the facility at designated times and on designated telephones, as set forth in local procedures. Limitations may be placed on the frequency and length of such calls based on the inmate's privilege group as outlined in section 3044, and to ensure equal access. Telephone calls requiring the use of a Telecommunication Device for the Deaf (TDD) or voice relay service shall have extended time scheduled due to the time delay which results from the TDD relay process.
(c) An inmate shall not:
(1) Use an intrafacility telephone except as specifically required or authorized by staff.
(2) Use a telephone capable of direct-dial connection with a public telephone system, except as authorized by staff.
(3) Charge a call to a credit card.
(4) Place a third party call.
(5) Ask the operator for an emergency interruption.
(6) Place a call to an “800,” “900,” “976,” “911,” “411,” or other special service number. Inmates that have a verified need to utilize the (1-800) TDD or relay service shall notify the correctional staff to facilitate the (1-800) TDD call.
(7) Place a call to an inmate at any other facility.
(8) Place calls to victims, peace officers, or other persons who have made an official written request not to receive telephone calls.
(9) Knowingly participate in a forwarded, transferred, or three-party call on an inmate telephone.
(d) Except as provided in this section, no limitation shall be placed on the identities or relationships of persons to whom an inmate may place a collect call.
(e) All inmate calls placed on intrafacility and inmate telephones may be subject to monitoring and recording at any time by institution staff.
(f) A conspicuous notice in English and Spanish shall be posted at each inmate telephone capable of recording and monitoring stating in both languages: All numbers dialed and conversations on this telephone may be recorded and may be monitored without any further notice. By using this telephone, you agree to the monitoring and recording. It is your responsibility to notify the person called that their conversation and telephone number may be monitored and will be recorded.” Staff who authorize an inmate to use an unposted telephone for a nonconfidential call shall inform that inmate before the call is made regarding the notice of monitoring/recording requirement.
(g) If staff designated by the institution head determine that an incoming call concerns an emergency or confidential matter, the caller's name and telephone number shall be obtained and the inmate promptly notified of the situation. The inmate shall be permitted to place an emergency or confidential call either collect or by providing for the toll to be deducted from the inmate's trust account. A confidential call shall not be made on an inmate telephone and shall not be monitored or recorded. If a call is determined to be an attorney/inmate confidential phone call, in order for the inmate to place or receive the call it must have already received approval/clearance in accordance with subsections (g)(1), (g)(2) and (g)(4).
(1) Confidential calls may be approved on a case-by-case basis by the institution head or designee, upon written request from an attorney on the attorney's office letterhead stationery. The request shall be made by written request via U. S. Postal Service or facsimile to the Institution Litigation Coordinator or designee. To obtain approval/clearance, the attorney shall provide in writing the following personal and professional information:
(A) Name,
(B) Mailing address,
(C) Date of Birth,
(D) Valid driver's license or state-issued identification card number.
(E) Proof of current registry and good standing with a governing bar association, and
(F) Indication of the jurisdiction(s) licensed to practice law. If the requesting attorney wishes to have a representative conduct the confidential phone call, the attorney representative must provide all applicable information listed above in addition to the attorney submitting their information. Refer to Title 15, subsection 3178(c)(1) for attorney representative criteria.
(2) Requesting attorney/attorney representative shall report any prior felony convictions or pending arrest dispositions, describe and explain any prior suspension or exclusion from a correctional facility, and declare under penalty of perjury one or more of the following:
(A) They are the named inmate's attorney either by appointment by the court or at the inmate's request,
(B) They have been requested by a judge to interview a named inmate for purposes of possible appointment as counsel by the same court,
(C) They are requesting to call a named inmate who may be a witness directly relevant to a legal process, purpose, or proceeding,
(D) They are seeking to interview a named inmate, at the request of the inmate, for the purpose of representation of the inmate in a legal process, for a legal purpose or in a legal proceeding, and
(E) They have been requested by a third party to consult with the named inmate when the inmate cannot do so because of a medical condition, disability or other circumstance.
(3) Any false statement or deliberate misrepresentation of facts specific to the information required in subsection (g)(2) shall be grounds for denying the request or cause for subsequent suspension or exclusion from all institutions/facilities administered by the department.
(4) Upon receipt of the information specified in (g)(1), a California law enforcement telecommunications system (CLETS) check of the attorney/attorney representative through the Department of Justice and verification of the attorney's credential through the governing state bar will be conducted. Once the clearance and state bar verification have been obtained and approved the attorney shall be contacted to schedule the confidential telephone call with the specified inmate. Attorneys and attorney representatives shall immediately report to the Institution Litigation Coordinator any change in personal or professional information, arrest history and or pending dispositions and declarations made in subsections (g)(1) and (g)(2) to retain their approval/clearance. In addition, a CLETS check will be conducted at least annually and as needed based on changes provided to the above listed information or information from any source that such changes had occurred.
(5) The date, time, duration, and place where the inmate will make or receive the call, and manner of the call are within the discretion of the institution head, except as restricted herein. A confidential call from an inmate shall be placed as a collect call or by providing for the toll to be deducted from the inmate's trust account and made from a prison telephone or, with appropriate authentication of the caller, may be received from an attorney.
(6) It is within the discretion of the institution head, or his/her designee, to approve or deny a confidential call. As long as the attorney/client communication privilege is not violated, a confidential call may be denied where the institution head, or his/her designee, determines that normal legal mail or attorney visits were appropriate means of communication and were not reasonably utilized by the inmate or attorney. Where demand for confidential calls seriously burdens institutional operations, the institution head, or his/her designee, shall prioritize confidential calls.
(7) Emergency calls on prison telephones between an inmate and clergy, other religious advisors, or health care professionals shall be approved or denied on a case-by-case basis by staff designated by the institution head.
(8) Inmates, approved attorneys/attorney representatives and pending approval confidential phone call applicants may appeal any departmental policies, staff decisions and institution/facility procedures related to confidential phone calls by following the appeals process as contained in Title 15, Section 3179. Appeals Related to Visiting. Title 15, Section 3179 applies in its entirety.
(h) Telecommunication Device for the Deaf (TDD) telephones shall be made available to inmates with a documented severe hearing impairment for personal, emergency, and confidential calls, which shall be subject to the provisions of this section.
(1) Assistive device telephones and additional time on telephones may be necessary to provide accommodations for inmates and their callers with disabilities.
(2) The facility shall provide for the procedures necessary to ensure effective telephone communications for inmates with disabilities and/or the disabled person(s) with whom they are communicating.
(i) All calls made on inmate telephones shall have an announcement before and at random intervals during the calls stating that the call is from an inmate at a California state correctional facility and is being recorded.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of subsection (d) filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-15-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further amendments, transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)-(g)(1), including renumbering of portion of subsection (g)(1) to new subsection (g)(5), new subsections (g)(1)(A)-(F), renumbering of former subsections (g)(2)-(3) to new subsections (g)(6)-(7) and new subsections (g)(2)-(4) and (g)(8) filed 1-8-2008; operative 2-7-2008 (Register 2008, No. 2).
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.
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.
§3285. Association with Inmates.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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).
§3286. Controlling and Reporting Fights.
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.
§3287. Cell, Property and Body Inspections.
Note • History
(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 segregation, isolation and security housing unit 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.
(b) An inmate is subject to an inspection of his or her person, either clothed or unclothed, when there is a reasonable suspicion to believe the inmate may have unauthorized or dangerous items concealed on his or her person, or that he or she may have been involved in an altercation of any kind. Such inspections may also be a routine requirement for inmate movement into or out of high security risk areas. Random or spot-check inspections of inmates may also be authorized by the institution head to prevent possession and movement of unauthorized or dangerous items and substances into, out of, or within the institution. Visual daily inspections of inmates shall be made to ensure compliance with departmental grooming standards. All such inspections shall be conducted in a professional manner which avoids embarrassment or indignity to the inmate. Whenever possible, unclothed body inspections of inmates shall be conducted outside the view of others.
(1) Correctional employees, other than qualified medical staff, shall not conduct unclothed body inspections of inmates of the opposite sex except under emergency conditions with life or death consequences.
(2) Routine inspections of clothed male inmates may be performed by employees of either sex.
(3) Body inspection of clothed female inmates shall be conducted by female correctional employees only, except in emergency situations requiring the immediate search of inmates to avoid the threat of death, escape, or great bodily injury. In such emergency situations, male correctional employees may conduct clothed body inspections only until sufficient numbers of female correctional employees are available to assume critical body search duties.
(4) Male correctional employees shall not, under any circumstances, perform non-emergency body searches of female inmates.
(5) Any inspection of body cavities, other than visual or metal detector inspections, will be conducted in a medical setting under the direct supervision of a physician. Any physical intrusion into body cavities must be performed by a physician, and then only after all less obtrusive methods have failed to bring the inspection to a conclusion.
(c) Inspections of inmate cell or living areas, property, work areas, and body shall be conducted on an unannounced, random basis as directed by the institution head. Such inspections shall be conducted no more frequently than necessary to control contraband, recover missing or stolen property, or maintain proper security of the institution.
(d) A written record shall be maintained of the disposition of contraband and stolen or missing property confiscated as the result of cell, property, or body inspections.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Jordan v. Gardner, 986 F.2d 1521.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a)(3) filed 2-22-79; effective thirtieth day thereafter (Register 79, No. 8).
3. Amendment of subsection (b)(1) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (b) and new subsection (c) and (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
6. Amendment of subsections (b) and (c) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment of subsection (b)(1), new subsections (b)(2)-(4), subsection renumbering and amendment of Note filed 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 11-2-2005 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 5-26-2005 order transmitted to OAL 9-28-2005 and filed 11-1-2005 (Register 2005, No. 44).
10. Amendment of subsection (b) filed 12-21-2009; operative 1-20-2010 (Register 2009, No. 52).
Note • History
(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.
(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.
(b) Entrance roadway signs and the lettering will be of sufficient size to attract attention and be easily read by passing motorists. Smaller but conspicuous signs will be posted at sallyports and pedestrian entrances.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Amendment of subsection (a)(2) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
Note • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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).
§3290. Methods for Testing of Controlled Substances or for Use of Alcohol.
Note • History
(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.
(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 institution's/facility's random drug testing selection process.
(d) Inmates must provide a urine sample when ordered to do so pursuant to these regulations, for the purpose of testing for the presence of controlled substances or the use of alcohol.
(e) Field testing of seized substances that are suspected of being a controlled substance shall be conducted for “screening” purposes only. Disciplinary action for possession of a controlled substance based solely on a field test shall not include the loss of work/behavior credits unless a laboratory has confirmed that the suspected substance is in fact a controlled substance, or the inmate has admitted to possessing the controlled substance, accepts the results of a field test, and waives the requirement of testing by a laboratory, and has signed a document to that effect.
(f) The positive test results from a urine sample submitted for testing for the presence of an unauthorized controlled substance or alcohol that has been confirmed as positive by a departmentally approved testing method may be considered as sufficient evidence to support a guilty finding for use of the controlled substance or alcohol.
(g) When evidence remaining after a field test or resulting from a field test is not suitable or sufficient for submission to a laboratory for confirmation of the field test, the field test results may be considered in a disciplinary hearing for possession of a controlled substance. Under such circumstances, a finding of guilty shall be based upon the preponderance of all evidence presented at the disciplinary hearing. Although no credit loss action may be taken when the only evidence being considered by the hearing official is the result from a field test, other authorized disciplinary actions may be taken pursuant to section 3315 for violations of 3016(a).
(h) The identification of unauthorized medication, to include any medication considered to be a controlled substance as described in section 3000, must be confirmed by a licensed pharmacist and that confirmation may be used as evidence in a disciplinary hearing. There shall be no requirement for laboratory testing of intact medications when identification of the controlled medication has been confirmed by a pharmacist. The pharmacist will indicate whether the medication contains any of the substances listed in Health and Safety Code (H&SC) section 11007 to enable the determination of the appropriate classification level pursuant to section 3323 relative to a disciplinary violation for unauthorized possession or distribution of the medication.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 4573.6 and 5054, Penal Code.
HISTORY
1. Renumbering of former Section 3290 to Section 3295 and new Section 3290 filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment of subsections (a) and (e) and new subsection (h) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment of subsections (a) and (e) and new subsection (h) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment of subsections (a) and (e) and new subsection(h) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Amendment of subsections (c), (g), and (h) filed 6-2-95 as an emergency; operative 6-5-95 (Register 95, No. 22). A Certificate of Compliance must be transmitted to OAL by 11-12-95 pursuant to Penal Code section 5058(e)(1) or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-2-95 order transmitted to OAL 10-2-95 and filed 10-17-95 (Register 95, No. 42).
10. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
11. Amendment refiled 2-3-99 as an emergency, including further amendment of subsection (g); operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
13. Amendment of section heading and section filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
14. Amendment of subsection (c)(1) filed 12-21-2009; operative 1-20-2010 (Register 2009, No. 52).
§3291. Employee Law Enforcement and Peace Officer Personnel.
Note • History
(a) Law Enforcement Responsibility. All employees of the Department shall be responsible to enforce laws, regulations and procedures which govern the actions and activities of inmates, parolees and of persons who come into contact with inmates and parolees. Employees who are not designated as peace officers, whose normal assigned job duties do not require custody and supervision of inmates or parolees, or in situations where it would be inappropriate or unsafe to intervene in unauthorized actions or activities, shall notify or seek the assistance of other employees, including peace officer employees. In an emergency, all employees shall respond as directed by proper authority.
(b) Peace Officer Personnel. Peace officers are departmental employees holding peace officer positions as defined by law or as designated by the Secretary of the California Department of Corrections and Rehabilitation (CDCR). Non-peace officer employees temporarily assigned to perform only the administrative duties of positions held by peace officers shall not be designated as peace officers.
(c) The peace officer authority of employees is outlined in Penal Code (PC) sections 830.2(d)(1) and (2) and PC section 830.5. During state emergencies and activations of state mutual aid agreements, CDCR peace officer authority is provided in Government Code sections 8597, 8598 and 8698.
(d) In addition to being designated peace officers as described in subsections 3291(b) and (c), parole agents' peace officer authority extends to the enforcement of conditions of parole imposed upon persons on parole in this state and to violations of any penal provisions of law which is discovered in the course of their employment.
(e) In addition to being designated peace officers as described in subsections 3291(b) and (c), the peace officer authority of agents of the Office of Correctional Safety peace officers extends throughout the state while performing their primary job duties, including the investigation and apprehension of parole violators and the investigation of the violation of any penal provisions of law which is discovered in the course of their employment, and to coordination of the Department's law enforcement activities with those of other law enforcement and criminal justice agencies.
(f) In addition to being designated peace officers as described in subsections 3291(b) and (c), the authority of peace officer members of the Office of Internal Affairs, who meet the training standards described in PC Section 830.2(d)(2), extends throughout the state while they are performing their primary job duties, including criminal investigations of departmental personnel and the coordination of those activities with other criminal justice agencies.
NOTE
Authority cited: Sections 830.5(f) and 5058, Penal Code. Reference: Sections 830.2(d), 830.5(a), 830.5(b) and 5054, Penal Code; and Sections 8597, 8598 and 8698, Government Code.
HISTORY
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Amendment of subsection (b) filed 12-18-80 as an emergency; effective upon filing (Register 80, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-17-81.
3. Order of Repeal of 12-18-80 order filed 12-26-80 by OAL pursuant to Government Code Section 11349.6 (Register 80, No. 52).
4. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
5. Amendment of subsection (b) filed 10-27-82; effective thirtieth day thereafter (Register 82, No. 44).
6. Amendment of section heading, section and Note filed 2-14-2001; operative 3-16-2001 (Register 2001, No. 7).
7. Change without regulatory effect amending subsections (a)-(c) and (e) filed 4-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).
8. Amendment of subsections (b) and (c) and Note filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
Note • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
§3293. Polygraph Examinations.
Note • History
(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.
(b) Polygraph examinations shall not be used as an alternative to regulatory requirements for determining a person's guilt or innocence of charges in disciplinary matters.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 3307, Government Code; Section 5054, Penal Code; and Long Beach City Employee's Association v. City of Long Beach (1986) 41 Cal.3rd 937, 227 Cal.Rptr. 90.
HISTORY
1. New section filed 2-27-89; operative 3-29-89 (Register 89, No. 10).
2. Change without regulatory effect of subsections (a) and (b) pursuant to section 100, title 1, California Code of Regulations filed 2-21-90 (Register 90, No. 11).
3. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
4. Change without regulatory effect amending subsections (a)(2) and (a)(3) filed 4-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 16).
§3294.1. Inmate Operation of a Motor Vehicles.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4570 and 5054, Penal Code.
HISTORY
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 • History
(a) All inmate or parolee requests for a legal name change shall initially be reviewed by the Warden or Regional Parole Administrator who shall either recommend approval for a legal name change or deny the request for a legal name change.
(b) If the request is denied, the Warden or Regional Parole Administrator shall respond to the inmate or parolee in writing with the reasons for denial. A copy of the denial shall be placed in the miscellaneous section of the inmate/parolee's central file.
(c) If the Warden finds reasons that exist to warrant an inmate's request for a name change, then the Warden shall forward the request to the Institutions Division Regional Administrator, along with a memorandum listing the reasons for recommending approval. A copy of the memorandum shall be placed in the miscellaneous section of the inmate's central file.
(d) If the regional parole administrator finds reasons that exist to warrant a parolee's request for a name change, then the regional parole administrator shall forward the request to the deputy director, Division of Adult Parole Operations (DAPO), along with a memorandum listing the reasons for recommending approval. A copy of the memorandum shall be placed in the miscellaneous section of the parolee's central file.
(e) If the Institutions Division regional administrator or the deputy director, DAPO, agrees with the recommendation to approve the request for a name change of an inmate or parolee, a letter shall be forwarded to the court explaining why the Department is recommending approval for a name change, along with the inmate/parolee's request. A copy of the letter shall be placed in the miscellaneous section of the inmate/parolee's central file.
(f) If the Institutions Division regional administrator or the deputy director, DAPO, denies the request for a name change of an inmate or parolee, a letter shall be forwarded to the inmate or parolee with the reasons for denial. A copy of the letter shall be placed in the miscellaneous section of the inmate/parolee's central file.
(g) Upon receiving final approval from the court with the ordered name change and receiving departmental approval, the Correctional Case Records Manager shall notify the facility mailroom and visiting room of the name change if the offender is incarcerated; or shall notify the agent of record if the offender is on parole. The court order shall be placed in the miscellaneous section of the inmate/parolee's central file, along with other documents related to the request for a name change.
(h) The mailroom and visiting room staff of the facility shall update their records to reflect the additional name of the inmate.
(i) The original commitment name of the inmate or parolee shall remain on all departmental records and shall continue to be used on all departmental records.
(j) The new legal name change shall be entered into the Offender Based Information System (OBIS) under the section “Also Committed As.”
(k) The inmate shall be notified to inform all persons who may visit or write him/her that they must use the inmate's departmental identification number when using the inmate's new name.
(l) If the court ordered name change is received without departmental approval, this clearly indicates that the inmate/parolee has not followed proper procedure to legally change his/her name. In this case, the warden or regional parole administrator shall notify the issuing court in writing that the name change cannot legally be changed without the Secretary's approval pursuant to the Code of Civil Procedure, Section 1279.5. A copy of the letter shall be placed in the miscellaneous section of the inmate/parolee's central file and a copy shall be provided to the inmate/parolee.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1279.5, Code of Civil Procedure.
HISTORY
1. New section 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.
2. Certificate of Compliance as to 1-3-95 order including amendment of subsection (l) transmitted to OAL 5-3-95 and filed 6-14-95 (Register 95, No. 24).
3. Amendment of subsections (d)-(f) and (l) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Article 3. Escapes
§3295. Duty of Employees to Prevent Escapes.
History
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.
HISTORY
1. Renumbering of Section 3290 to Section 3295 filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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 • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 835a and 5054, Penal Code.
HISTORY
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
Article 4. Disorders and Emergencies
§3300. Prevention of Disorders.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
§3301. Emergency Operations Plan.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and section and new Note filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
History
HISTORY
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).
Note • History
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.
(b) Control of harmful physical agents and toxic or hazardous substances.
(1) No staff member or inmate shall use or handle harmful physical agents and toxic or hazardous substances as defined in 8 CCR, subchapter 7, sections 3204(c)(13) and 5194(c), until trained in the safe handling of and emergency procedures for the use and handling of such agents or substances.
(2) Except for authorized use of gasoline, inmates shall not, without direct staff supervision, have access to harmful physical agents and hazardous or toxic substances, or the inventories of such agents or substances.
(c) Control of tools.
(d) Control of armory and armaments, including firearms, ammunition, chemical agents, and any explosives under the institution's control.
(e) Control of keys and security locking devices.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment of subsection (b) and new subsections (b)(1)-(2) and Note filed 8-21-92; operative 9-21-92 (Register 92, No. 34).
3. Amendment of first paragraph and adoption of subsections (a)(1)-(5) and form filed 11-10-93; operative 12-22-93 (Register 93, No. 46).
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.
Article 5. Inmate Discipline
Note • History
The following terms are defined for the purposes of this article:
(a) Camp means the type of subfacility of an institution which is normally located in a rural area and which has no secure (fenced or walled) perimeter. Camp inmates are generally assigned to conservation and/or road details.
(b) Community-access facility means a facility located in the community, administered by the Parole and Community Services Division, where inmates have access to the community for work or training and which has no secure (fenced or walled) perimeter.
(c) Community correctional facility means a facility located in the community, administered by the Parole and Community Services Division, where inmates do not have unsupervised access to the community and which has a secure (fenced) perimeter.
(d) Experienced means a permanent employee at the designated level, certified by the Chief Disciplinary Officer (CDO) or designee as competent to serve as a senior hearing officer or hearing officer, as specified. Requirements for certification shall include in-service or on-the-job training in disciplinary procedures and observation of five serious/administrative disciplinary hearings. A probationary, limited term, or training and development employee at the designated staff level may be certified as experienced. Acting staff whose permanent position is at a level lower than that required shall not be assigned senior hearing officer/hearing officer responsibility.
(e) Facility means any institution; community-access facility or community correctional facility; or any camp or other subfacility of an institution under the jurisdiction of the department.
(f) Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 6252 and 6260, Penal Code.
HISTORY
1. Amendment of article 5 heading, repealer and new section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
2. Amendment of subsection (d) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3311. Reporting Rule Violations. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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 • History
(a) Inmate misconduct shall be handled by:
(1) Verbal Counseling. Staff may respond to minor misconduct by verbal counseling. When verbal counseling achieves corrective action, a written report of the misconduct or counseling is unnecessary.
(2) Custodial Counseling Chrono. When similar minor misconduct recurs after verbal counseling or if documentation of minor misconduct is needed, a description of the misconduct and counseling provided shall be documented on a CDC Form 128-A, Custodial Counseling Chrono. A copy of the completed form shall be provided to the inmate and the original placed in the inmate's central file. Disposition of any contraband involved shall be documented in the CDC Form 128-A.
(3) Rules Violation Report. When misconduct is believed to be a violation of law or is not minor in nature, it shall be reported on a CDC Form 115 (Rev. 7/88), Rules Violation Report.
(A) Unless an inmate charged with serious misconduct requires temporary administrative segregation pursuant to section 3335(b) pending adjudication of the disciplinary charges, the inmate may be retained in regularly assigned housing, work, and program assignments.
(B) If the inmate is placed in segregated housing pending the disciplinary proceedings, the official making the housing decision shall ensure compliance with the provisions of article 7 of this subchapter.
(b) Chief Disciplinary Officer Review of Disciplinary Actions. All disciplinary methods and actions shall be reviewed by the chief disciplinary officer, who shall be the institution head or a designee not below the level of correctional administrator or parole administrator I.
(1) The chief disciplinary officer shall affirm, reverse or modify the disciplinary action and/or credit forfeiture. The chief disciplinary officer may order a different action, order a different method of discipline, dismiss a charge, order a rehearing of the charge, or combine any of these actions.
(2) Except upon discovery of information or evidence not available or reasonably discoverable at the time of a disciplinary action, an order for a different method of discipline or for rehearing of the charges shall not result in greater penalty or more severe action than that originally taken.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (c) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
3. Repealer of subsections (c) and (d) and new subsections (c), (d), (e), and (f) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
4. Amendment of subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 19).
5. Amendment of subsection (b) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
6. Editorial correction of printing errors in CDC Forms 115 and 115-A and descriptive text (Register 92, No. 5).
7. Amendment including relocation of former subsections 3317(a)-(b)(2) to subsections 3312(a)(3)(A)-(B) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 115 (7/88)
SUMMARY OF DISCIPLINARY PROCEDURES
(See Title 15 California Code of Regulations, Article 5 for details)
ADMINISTRATIVE VIOLATIONS
HEARING
A disciplinary hearing will normally be held within 30 days, but not less than 24 hours from the date you receive your copy of the CDC 115 violation report. You have the right to a fair hearing, but do not have the same procedural rights described for a serious rule violation. (CCR 3314-3320)
DISPOSITION
At the end of the hearing, you will be advised of the findings and disposition of the charge. Within five working days, following review of the CDC 115 by the Chief Disciplinary Officer, you will be given a copy of the completed rule violation report, which will contain a statement of the findings and disposition and the evidence relied upon to support the conclusions reached. (CCR 3320)
APPEAL
If you are dissatisfied with the process, findings or disposition, you may submit an inmate appeal, form CDC 602, within fifteen days following receipt of the finalized copy of the CDC 115. When filing your appeal, be sure to attach a copy of the finalized CDC 115 and any other pertinent documentation.
ABBREVIATIONS
HO--Hearing Officer; SC--Sub Committee; FC--Full Committee; SHO--Senior Hearing Officer; BPT--Board of Prison Terms.
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
SUMMARY OF DISCIPLINARY PROCEDURE AND INMATE RIGHTS
(See Title 15 California Code of Regulations, Article 5 for details)
A. HEARING--A serious rule violation may result in the loss of credits. A hearing will normally be held within thirty (30) days, but not less than 24 hours, from the date you receive a copy of the Rules Violation Report. An exception is provided in the California Code of Regulations when a case has been referred for possible prosecution and you have requested, in writing, and been granted, a postponement pending the outcome of such referral. Failure of staff to meet time constraints will usually act as a bar against denial or forfeiture of time credits, but will not bar against other authorized disciplinary actions. (CCR 3320)
B. INVESTIGATIVE EMPLOYEE/STAFF ASSISTANCE--
1. General Information--You may request to have an investigative employee and/or a staff assistant assigned to assist you in the investigation, preparation, or presentation of your defense at the disciplinary hearing if it is determined by staff that (1) you are illiterate, or (2) the complexity of the issues, or (3) your confinement status makes it unlikely that you will be able to collect and present the evidence necessary for an adequate comprehension of your case. (CCR 3315-3318)
2. Staff Assistant--A staff member will be assigned to assist you in the disciplinary process if you are deemed to be incapable of representing yourself. The assigned staff will assist you in preparing for the hearing and assist you at the hearing. The staff assistant will maintain any confidence you request about your past conduct. (CCR 3318)
3. Investigative Employee--An investigative employee, if assigned, will gather information, question staff and inmates, screen witnesses, and complete and submit a written, non-confidential report to the disciplinary hearing officer. You have the right to receive a copy of the investigative employee's report 24 hours before a hearing is held. (CCR 3318)
4. Witnesses--You may request the presence of witnesses at the hearing who can present facts related to the charges against you. You may also request the presence of the reporting employee and the investigative employee. You may, under the direction of the hearing officer, question any witness present at the hearing. The hearing officer may deny the presence of witnesses when specific reasons exist. (CCR 3315)
5. Personal Appearance--A hearing of the charges will not normally be held without your presence, unless you refuse to attend. (CCR 3320)
C. REFERRAL FOR PROSECUTION--Referrals for prosecution will not delay a disciplinary hearing unless you submit a request in writing for postponement of the hearing pending the outcome of such referral. You may revoke such request in writing at any time prior to the filing of accusatory pleadings by the prosecuting authority. A disciplinary hearing will be held within 30 days of staff receiving your written revocation of your request to postpone the hearing or within 30 days of receiving a response from the prosecuting authority. (CCR 3316-3320)
You have the right to remain silent at a disciplinary hearing and no inference of guilt or innocence will be drawn from your silence. Any statements you do make may be used against you in criminal proceedings.
D. DISPOSITION--At the end of the hearing, you will be advised of the findings and disposition of the charge. Within five working days, following review of the CDC 115 and CDC 115--A by the Chief Disciplinary Officer, you will be given a copy of the completed rule violation report, which will contain a statement of the findings and disposition and the evidence relied upon to support the conclusions reached. (CCR 3320)
E. APPEAL--If you are dissatisfied with the process, findings or disposition, you may submit an inmate appeal form CDC 602, within fifteen days following receipt of the finalized copy of the CDC 115/CDC 115--A. When filing your appeal, be sure to attach a copy of the finalized CDC 115/CDC 115--A, if applicable; and any other pertinent documentation. (CCR 3003)
F. ABBREVIATIONS--HO--Hearing Officer; SC--Sub Committee; FC--Full Committee; SHO--Senior Hearing Officer; BPT--Board of Prison Terms.
CDC 115--A (7/88)
§3313. Classification of Rules Violation Report and Notice of Pending Charges.
Note • History
(a) Each CDC Form 115 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, with a copy of the CDC Form 115 attached, to Case Records within 48 hours of the inmate being charged with a serious level offense (Division “F” through “A-1”). Case Records staff shall file the CDC Form 804 with an attached copy of the CDC Form 115 in the inmate's Central File (C-File) within one working day of receipt in the Case Records office.
(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 C-File containing the CDC Form 804 and attached copy of CDC Form 115 be expedited to the Classification and Parole Representative to ensure revocation or revocation extension processes are initiated.
(b) Staff who review or classify a CDC Form 115 shall not serve as the disciplinary hearing official for that rule violation.
(c) The classification of a CDC Form 115 may be changed as follows:
(1) Before the disciplinary hearing, the official who initially classified a CDC Form 115 or staff at a higher level may change the classification of the CDC Form 115.
(2) During the disciplinary hearing, the official conducting the hearing may reduce a serious classification to administrative as a finding of the hearing if the reduced charge meets the criteria of an administrative violation as described in section 3314.
(3) After the disciplinary hearing, the chief disciplinary officer may reduce a serious classification to administrative if the reduced charge meets the criteria of an administrative violation as described in section 3314.
(4) After the disciplinary hearing, an administrative classification shall not be changed to serious unless the chief disciplinary officer or director orders a rehearing of the charges as a serious rule violation.
(A) When a rehearing is ordered by the chief disciplinary officer or director, the inmate shall be provided all rights and procedural safeguards of a serious rule violation hearing.
(B) An order for a rehearing shall be in writing and shall include the reasons for the order. A copy of the order shall be provided to the inmate.
(C) Time limitations relative to the re-issued CDC Form 115 shall commence on the date the chief disciplinary officer issues the order to re-hear pursuant to section 3320(a). Credit forfeiture will not be allowed if the time limitations were violated on the original CDC Form 115 that was ordered re-issued/re-heard.
(5) If the CDC Form 115 is reclassified from administrative to serious, the inmate shall receive written notice and shall be subject to the provisions of Section 3315 of these regulations.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2079, 2932 and 5054, Penal Code; In re Hamilton (1991) 230 Cal.App.3d 1592, 281 Cal. Rptr. 900.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Repealer and new section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
4. Amendment of subsection (c) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
5. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Change without regulatory effect amending Note filed 11-10-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 46).
7. Editorial correction establishing correct hierarchy for subsection designators (Register 2000, No. 23).
8. Amendment of subsection (b) filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of subsection (b) refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. New subsections (a)(1) and (a)(1)(A), amendment of subsections (c)(2)-(3) and new subsection (c)(4)(C) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3314. Administrative Rule Violations.
Note • History
(a) Inmate misconduct reported on a CDC Form 115 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.
(b) Administrative rule violations shall be heard by a disciplinary hearing official not below the level of a correctional lieutenant, or an experienced correctional counselor I, parole agent I or correctional sergeant.
(c) The inmate does not have the right to call witnesses or to have an investigative employee assigned.
(d) If deemed necessary by the hearing official, the hearing shall be suspended and the inmate shall be provided staff assistance pursuant to section 3318(b).
(e) The hearing official may find the inmate guilty and order one or more of the following dispositions:
(1) Counseling, with or without a reprimand.
(2) Suspension of privileges specified by the hearing official for no more than a 30-day period starting the date the rule violation report was adjudicated, except as authorized in section 3314(e)(10).
(3) Placement into privilege group B or C for no more than a 30-day period starting the date the rule violation report was adjudicated.
(4) Confinement to quarters pursuant to section 3333 for one or more weekends and/or holidays, not to exceed ten days and not to be imposed with subsection (6) or suspended confinement.
(5) Assignment to no more than 40 hours of extra duty.
(6) Confinement to quarters for a period not to exceed five consecutive days. Inmates serving confinement to quarters shall be released to attend work and program assignments.
(7) Placement of a restriction or hold on the inmate's trust account for rule violations involving state or personal property as described in section 3190 when the inmate refuses to pay for the repair or replacement of such property or canteen.
(8) Suspension of all or part of any disposition for up to 90 days based on the inmate's acceptance of and compliance with conditions specified for suspension of the disposition.
(9) Imposition of all or part of an existing suspended disposition when the current rule violation is also a violation of conditions imposed at the time of the suspension.
(10) Inmates placed in ASU, SHU, PSU, Privilege Group D , who are found guilty of any RVR deemed administrative per this section are subject to temporary loss of entertainment appliances as follows:
A. Thirty days for the first offense
B. Sixty days for the second offense.
C. Ninety days for the third offense.
(f) The hearing official may find the inmate guilty of the charge but, in the interest of justice or because of extenuating circumstances, dismiss the formal rule violation charge and report the misconduct as a custodial counseling on a CDC Form 128-A pursuant to section 3312. In such cases the CDC Form 115 shall be processed pursuant to section 3326.
(g) The hearing official may find the inmate not guilty and dismiss the charges.
(h) The hearing official may designate the rule violation serious if it is determined in the fact-finding phase of an administrative violation hearing that the misconduct is a serious rule violation. The disciplinary hearing official shall terminate the hearing and issue a serious CDC Form 115 to the inmate.
(i) Classification Committee Review. When the hearing official determines that an inmate is a program failure, as defined in section 3000, the hearing official shall refer the administrative disciplinary action for possible review by a classification committee to affirm or modify the inmates program, work/privilege group, or housing assignment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment of subsection (d)(2) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsections (a) and (d)(5) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
5. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. New subsection (a)(3)(L) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
8. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Amendment of section, including futher amendment of subsection (e)(4), refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
11. Amendment of subsections (c)(2)(D)-(E), new subsections (c)(2)(F)-(G), repealer of subsection (c)(3)(A), subsection relettering, amendment of subsection (e)(2) and new subsections (e)(10)-(e)(10)C. filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3315. Serious Rule Violations.
Note • History
(a) Inmate misconduct reported on a CDC Form 115 shall be classified serious if:
(1) It is a serious disciplinary offense not specified as administrative in section 3314(a)(3), an offense punishable as a misdemeanor, whether or not prosecution in undertaken, or is a felony, whether or not prosecution is undertaken.
(2) It involves any one or more of the following circumstances:
(A) Use 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, distribution, possession, or use of controlled substances, alcohol, or dangerous contraband.
(E) An attempt or threat to commit any act listed in (A) through (D), coupled with a present ability to carry out the threat or attempt if not prevented from doing so.
(3) Serious rule violations include but are not limited to:
(A) Misconduct reportable to the inmate's releasing authority.
(B) Theft, embezzlement, destruction, or damage to another's personal property, state funds, or state property.
(C) Hideout, preparation to escape, or possession of escape paraphernalia.
(D) Tattooing or possession of tattoo paraphernalia.
(E) Manufacture of alcohol or possession of any controlled substance, unauthorized drug, intoxicant, or illegal substance.
(F) Being under the influence or use of alcoholic beverages, controlled substances, unauthorized drugs or intoxicants in an institution, community correctional facility, or camp.
(G) Possession of five dollars or more without authorization.
(H) Acts of disobedience or disrespect which by reason of intensity or context create a potential for violence or mass disruptive conduct.
(I) Willfully inciting others to commit an act of force or violence.
(J) Refusal to perform work or participate in a program as ordered or assigned.
(K) Recurring failure to meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed to correct the misconduct.
(L) Participation in a strike or work stoppage.
(M) A repeated pattern of administrative rule violations for the same offense.
(N) Mail or visiting violations presenting a threat as described in (2) above.
(O) Harassment of another person, group, or entity either directly or indirectly through the use of the mail or by any other means.
(P) Throwing any liquid or solid substance on a nonprisoner.
(Q) Unauthorized possession of departmental records or documents which could affect any inmate's release status.
(R) Refusal to submit to a test for controlled substances or alcohol.
(S) Refusal to provide blood specimens, a saliva sample, and palm and thumb print impressions pursuant to Penal Code, Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections 295 et seq.), after receiving written notification that such specimens and samples must be provided.
(T) Participation in gambling.
(U) Late return or failure to return from a temporary community release or leave.
(V) Unauthorized possession of materials or substances which have been modified or altered from their original manufactured state or purpose with their potential to be made, or in the process of being made, into a weapon; explosive or explosive-making materials; poison, caustic substance; or any destructive device.
(W) Self mutilation or attempted suicide for the purpose of manipulation.
(X) Possession and/or constructive possession of a cell phone or wireless communication device or any component thereof including, but not limited to, a subscriber identity module (SIM card), memory storage devices or cellular telephone chargers.
(Y) Involvement in a conspiracy or attempt to do any of the above.
(b) In addition to the disciplinary hearing, the inmate may be subject to segregation from the general population pursuant to sections 3312 and 3335 through 3345; and referral for prosecution when the misconduct is a criminal offense.
(c) Hearing. Serious rule violations shall be heard at the Senior Hearing Officer (SHO) or higher level. A SHO shall not be below the level of a facility captain, correctional captain, correctional counselor III, parole agent III, or an experienced correctional lieutenant, correctional counselor II, or parole agent II.
(d) An inmate shall be assigned an employee to assist in the investigation of matters pertaining to a disciplinary action when the chief disciplinary officer or designee determines the necessity based on the following criteria.
(1) Investigative Employee.
(A) An investigative employee, as described in section 3318(a), shall be assigned when the staff designated to classify the serious rule violation determines that:
1. The complexity of the issues require further investigation.
2. The housing status makes it unlikely the charged inmate can collect and present the evidence necessary for an adequate presentation of a defense.
3. A determination has been made that additional information is necessary for a fair hearing.
(B) The inmate may choose to waive the assignment of an investigative employee as required by subsection (2) above. The inmate's request to waive assistance of an investigative employee under this subsection will be indicated in the “waived by inmate” checkbox on the CDC Form 115-A and signed and dated by the inmate. The classifying official may choose to un-assign the investigative employee based on the inmate's signed waiver on the CDC Form 115-A.
(C) Staff who witnessed or who will serve as a hearing official for a rule violation shall not serve as the investigative employee for that violation.
(D) The inmate may not select the investigative employee, but may object to the one assigned and provide, in writing to the classifying official, the reasons for the objection. The classifying official shall evaluate the inmate's objection(s) and, if determined to be reasonable, assign an alternate investigative employee to complete the investigation. If the classifying official determines that the inmate's objections are not reasonable, the original investigative employee shall complete the investigation. The inmate's objection must be expressed prior to the beginning of the investigation. The classifying official shall note on the CDC Form 115-A his/her decision to deny or approve a request for an alternate investigative employee, and if denied, explain the reason(s) for denial.
(E) Assignment of an investigative employee shall not preclude the assignment of a staff assistant.
(2) Staff Assistant.
(A) The inmate shall be assigned a staff assistant, as described in section 3318(b), to assist in the preparation, and presentation of a defense at the disciplinary hearing if the classifying official determines:
1. The inmate is illiterate or non-English speaking.
2. The complexity of the issues are such that assistance is necessary so the inmate comprehends the nature of the charges or the disciplinary process
3. The inmate's disability is such that staff assistance would be necessary for the inmate to participate in the disciplinary process.
(B) At any point prior to the disciplinary hearing, if it is discovered that the inmate may need a staff assistant, the classifying official or staff at an equal or higher rank, shall be advised in writing of the need, and if appropriate per section 3315(d)(2)(A), order the assignment of the staff assistant. If the need for staff assistance is discovered by the hearing official at the time of the disciplinary hearing, the hearing official shall postpone the hearing and order the assignment of the staff assistant. In either instance, the inmate shall be provided at least a 24 hour time period to allow for preparation with the assigned staff assistant prior to participating in the disciplinary hearing.
(C) An inmate may refuse to accept the first staff assistant at the time of assignment or at any time during the disciplinary process.
(D) If the inmate refuses the staff assistant at the time of initial assignment, a second staff assistant shall be assigned.
(E) If the inmate refuses to accept the second staff assistant or withdraws acceptance of an assigned staff assistant, the assignment of another staff assistant shall not be required unless the chief disciplinary officer or designee determines that a fair hearing cannot be held without staff assistance.
(1) Inmate participants in the Mental Health Services Delivery System at the level of Enhanced Outpatient Program, Mental Health Crisis Bed, Department of Mental Health, or Developmentally Disabled Program participants at the level of DD1-DD3 are ineligible to waive or refuse the assignment of a staff assistant. The staff assistant shall perform his/her required duties to the extent possible despite a waiver or refusal by the ineligible inmate to cooperate.
(F) Assignment of a staff assistant shall not preclude assignment of an investigative employee.
(1) When an inmate has been assigned a staff assistant and an investigative employee, the staff assistant must be present during any questioning by the investigative employee.
(e) Witnesses. An inmate may request that friendly and adverse witnesses attend the hearing.
(1) Requested witnesses shall be called unless the official conducting the hearing denies the request for one of the following reasons:
(A) The appearance would endanger the witness.
(B) The official determines that the witness has no relevant or additional information.
(C) The witness is unavailable.
(2) If an inmate's request for a witness is denied, the reasons shall be documented on the CDC Form 115.
(3) Whether or not the inmate requests a witness, witnesses may be called if the official conducting the hearing determines the witnesses may have information necessary to the finding of fact.
(4) The reporting employee shall attend the disciplinary hearing or be available for questioning via speakerphone if requested by the inmate.
(5) Under the direction of the official conducting the disciplinary hearing, the inmate has the right to ask questions of all witnesses called. The SHO will screen all questions to ensure they are relevant to the violation charged.
(6) Nothing in this section shall preclude making a witness available by speaker phone for a disciplinary hearing.
(f) Disposition. Upon completion of the fact-finding portion of the disciplinary hearing, the inmate may be found:
(1) Not guilty and the charges dismissed.
(2) Guilty of an administrative rather than a serious rule violation. In such case, the CDC Form 115 shall be reduced to an administrative level offense and the inmate may be assessed only a disposition authorized in section 3314.
(3) Guilty as charged or guilty of an included serious rule violation and assessed a credit forfeiture pursuant to section 3323.
(4) If the violation included an act related to the use, possession, or distribution of controlled substances, controlled medication, drugs or drug paraphernalia; or if the inmate refused to submit to a test for controlled substances or drugs, the disposition shall include an order for the inmate to submit to mandatory random drug testing for one year from the date of the order.
(A) For the first offense, the inmate must provide a minimum of one random drug test per month for one year.
(B) For the second offense, the inmate must provide a minimum of two random drug tests per month for one year.
(C) For the third and all subsequent offenses, the inmate must provide a minimum of four random drug tests per month for one year.
(D) The inmate shall be informed that refusal to submit to a random test or any positive test result during the mandatory random drug testing period shall result in the issuance of a CDC Form 115 and a new mandatory drug testing order.
(5) The disposition may or when mandated shall include assessment of one or more of the following:
(A) Any combination of penalties authorized for administrative rule violations in section 3314(e).
(B) Suspension of privileges specified by the hearing official for no more than a 90-day period starting the date the rule violation report was adjudicated. The suspension of privileges for violations of subsections 3016(a), 3016(c), and 3290(d) shall be assessed as follows:
1. Thirty days for the first offense.
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(C) Placement into privilege group B or C for no more than a 90-day period starting from the date the rule violation report was adjudicated.
(D) Disciplinary detention or confinement to quarters as provided in sections 3330 and 3333 for not more than a ten-day period. If facility security will not be jeopardized, the inmate shall be released to attend work and program assignments.
1. Second offense violations of subsections 3016(a), 3016(c), and 3290(d) shall result in confinement to quarters for five days.
2. Third and all subsequent offense violations of subsections 3016(a), 3016(c), and 3290(d) shall result in confinement to quarters for 10 days.
(E) Referral to a classification committee for consideration of placement in Work Group C.
(F) Suspension of all or part of dispositions other than credit forfeitures, ordered random drug testing and classification committee referrals, for up to six months based on the inmate's compliance with the conditions specified for suspension.
(G) Imposition of all or part of an existing suspended disposition when the current rule violation is a violation of conditions specified in a suspended disposition. Imposition of a suspended disposition shall not include confinement to quarters or disciplinary detention for a period exceeding ten days except as provided in section 3322.
(H) For a violation of subsection 3016(c), there shall be a loss of visits for one year to be followed by non-contact visits for two years.
(I) Loss of visits to be followed by non-contact visits for violations of subsection 3016(a) (with the exception of alcohol violations), or 3290(d) shall be as follows:
1. Loss of visits for 90 days, to be followed by non-contact visits for 90 days for the first offense.
2. Loss of visits for 90 days, to be followed by non-contact visits for 180 days for the second offense.
3. Loss of visits for 180 days, to be followed by non-contact visits for 180 days for the third offense.
(J) Violation of subsections 3016(a), 3016(c), and 3290(d) shall result in:
1. For the first offense, the inmate shall be required to attend Alcoholic Anonymous or Narcotic Anonymous meetings or assigned to a substance abuse education program to the extent such programs are available in the institution/facility.
2. For the second offense, the inmate shall be referred for endorsement to a substance abuse program, provided that program eligibility criteria is met.
3. For the third offense, the inmate shall be referred for endorsement to a substance abuse program, provided that program eligibility criteria is met, and mandatory treatment shall be a condition of parole.
(K) Violation of Indecent Exposure or Sexual Disorderly Conduct of sections 3007, 3323(d)(9), 3323(f)(5), and 3323(g)(7) shall result in:
1. First offense violation shall result in loss of any or all of the following for up to 90 days: canteen, appliances, vendor packages, telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 days: canteen, appliances, vendor packages, telephone privileges, and personal property.
(L) Inmates placed in ASU, SHU, PSU, Privilege Group D, who are found guilty of any RVR deemed serious per this section are subject to temporary loss of entertainment appliances as follows:
1. Thirty days for the first offense
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(M) Violation of Refusing to Accept Assigned Housing of sections 3005(c) and 3269.1 shall result in:
1. First offense violation shall result in loss of any or all of the following for up to 90 days: canteen, appliances, vendor packages, telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 days: canteen, appliances, vendor packages, telephone privileges, and personal property.
(N) Violation of Refusing to Accept an Inmate Housing Assignment of subsection 3005(c) shall result in:
1. First offense violation shall result in loss of any or all of the following for up to 90 days: canteen, appliances, vendor packages, telephone privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in loss of any or all of the following for up to 180 days: canteen, appliances, vendor packages, telephone privileges, and personal property, and referral to a classification committee for review and determination for program failure. An inmate who is deemed a program failure by a classification committee is subject to having his/her personal property/appliances disposed of in accordance with Departmental procedure.
(O) Violation of subsection 3323(d)(8) shall result in a loss of visits for 180 days followed by non-contact visits permanently.
(P) Violation of subsection 3323(f)(6) shall result in:
1. Loss of visits for 90 days, to be followed by non-contact visits for 90 days for the first offense.
2. Loss of visits for 90 days, to be followed by non-contact visits for 180 days for the second offense.
3. Loss of visits for 180 days, to be followed by non-contact visits permanently for the third offense.
(g) Classification Committee Review. Any serious disciplinary action requiring reconsideration of an inmate's program, work group, or housing assignment, shall be referred to the next reasonably scheduled classification committee for review. This review shall not occur until the chief disciplinary officer's audit of the CDC Form 115 has been concluded. The classification committee shall affirm or modify the inmate's program, work group, or housing assignment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 295-300.3, 314, 530, 532, 646.9, 647, 653m, 2931, 2932, 2933, 4501.1, 4573.6, 4576, 5054, 5068 and 12020, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. New subsection (g) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
4. Amendment of subsection (a)(3), renumbering of subsections (a)(16)-(a)(19) to (a)(18)-(a)(21) and new subsections (a)(16)-(a)(17) filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
5. Amendment of subsections (a)(3), (b)(4) and (b)(5) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
6. Amendment of subsection (d) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
7. Amendment of subsection (b)(1) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
8. Amendment of subsection (a)(19) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
9. Amendment of subsections (a), (b)(4), (f)(4) and repealer and new subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
10. Editorial correction of subsections (b) and (c) filed 2-19-85 (Register 85, No. 8).
11. Amendment of subsections (b), (c), (e) and (g) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
12. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
13. Amendment of subsections (b), (c), (e) and (g) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
14. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-30-88; disapproved by OAL (Register 88, No. 24).
15. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
16. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
17. New subsection (a)(14), subsection renumbering, and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93, or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).
19. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
20. Amendment of subsection (f)(4) filed 7-1-96 as an emergency; operative 7-1-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-8-96 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-1-96 order transmitted to OAL 9-23-96 and filed 11-4-96 (Register 96, No. 45).
22. Change without regulatory effect amending subsection (f)(5)(A) filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).
23. Amendment of subsections (c), (f)(5)(D) and (g) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
25. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
26. Amendment of subsection (a)(3)(M) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
27. Amendment refiled 2-3-99 as an emergency, including further amendment redesignating former subsections (f)(5)(I)(1)-(3) as subsections (f)(5)(I)1.-3.; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).
29. Certificate of Compliance as to 2-3-99 order, including new subsection (f)(5)(H), subsection relettering and amendment of newly designated subsection (f)(5)(I), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
30. New subsection (a)(3)(S), subsection relettering and amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
32. Amendment of subsection (a)(3)(S) filed 10-4-2002 as an emergency pursuant to a certificate of operational necessity under Penal Code section 5058.3; operative 10-4-2002 (Register 2002, No. 40). Pursuant to Penal Code section 5058.3, this filing is deemed an emergency and a Certificate of Compliance must be transmitted to OAL by 3-13-2003 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 10-4-2002 order, including further amendment of subsection (a)(3)(S), transmitted to OAL 3-12-2003 and filed 4-8-2003 (Register 2003, No. 15).
34. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
35. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
36. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
37. New subsections (f)(5)(L)-(f)(5)(L)2. and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
38. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
39. New subsections (f)(5)(M)-(f)(5)(M)2. filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
40. New subsections (f)(5)(N)-(f)(5)(N)2. filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.
41. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
42. Certificate of Compliance as to 3-18-2008 order transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
43. New subsections (f)(5)(O)-(f)(5)(P)3. filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
44. Editorial correction restoring placement of subsections (f)(5)(N)1.-2. (Register 2010, No. 15).
45. Amendment of subsections (a)(3)(B) and (f)(5)(K) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
46. New subsection (a)(3)(X) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
47. Change without regulatory effect amending Note filed 3-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 10).
48. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
§3316. Referral for Criminal Prosecution.
Note • History
(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.
(b) Notwithstanding evidence substantiating each of the elements of the crime to be charged, criminal misconduct shall not be referred to the local district attorney if the local district attorney has submitted written notification to the institution head including criteria determining that specified crimes shall not be prosecuted if the crime involved meets such criteria.
(c) Referral of an inmate's misconduct for prosecution shall not stay the time limits for a disciplinary hearing unless the inmate submits a written request to the chief disciplinary officer or signs and dates the CDC Form 115-A (Rev. 7/88), Serious Rules Violation Report, requesting postponement of the hearing pending the outcome of the referral.
(1) A postponed disciplinary hearing shall be held within 30 days after any one of the following events:
(A) The inmate has revoked a postponement request; an inmate may revoke a postponement request any time until the prosecuting criminal authority has filed an accusatory pleading against the inmate. The request shall be submitted in writing to the chief disciplinary officer or designee who shall complete the CDC Form 115-A revoking the postponement request.
(B) Written notice is received from the institution head or designee that the inmate's misconduct will not be referred for prosecution pursuant to subsection (b).
(C) Written notice is received that the prosecuting authority does not intend to prosecute.
(D) Written notice is received that the criminal proceedings are terminated without an acquittal.
(2) A decision to not prosecute or a court's dismissal of criminal charges without acquittal shall not prohibit or alter a departmental disciplinary hearing on the rule violation charges.
(3) A court verdict of guilty or not guilty, resulting from a trial, shall be accepted as the finding of fact on the same charges in a disciplinary hearing. Should the court accept a plea agreement or negotiated settlement resulting in a conviction for a lesser offense than was originally charged, or if a court dismisses a charge prior to trial, the Department shall not be precluded from taking appropriate administrative action based on the facts contained in the original charge. If a court finds the inmate not guilty after a finding of guilty in a disciplinary hearing, the rule violation charges shall be dismissed.
(4) Any verdict of the court shall not prohibit or reverse the actions of a disciplinary hearing on any lesser offenses included in the criminal charge.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 6-30-77 as an emergency; effective upon filing (Register 77, No. 27).
3. Amendment of subsection (d) filed 9-29-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 40).
4. Amendment of subsection (b) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
5. Amendment filed 11-1-79 as an emergency; effective upon filing (Register 79, No. 44). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-1-80.
6. Certificate of Compliance including amendment of subsection (c) filed 2-15-80 (Register 80, No. 7).
7. Amendment filed 12-1-80 as an emergency; designated effective 1-1-81 (Register 80, No. 49).
8. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to Government Code Section 11349.6 (Register 80, No. 49).
9. Amendment filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
10. Amendment of subsection (e)(2) and (e)(3) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346-2(d) (Register 83, No. 19).
11. Amendment filed 10-24-88; operative 11-23-88 (Register 88, No. 45).
12. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
13. Amendment of subsection (c)(3) filed 11-3-97 as an operational emergency pursuant to Penal Code section 5058(e); operative 11-3-97 (Register 97, No. 45). A Certificate of Compliance must be transmitted to OAL by 4-13-98 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 11-3-97 order transmitted to OAL 2-3-98 and filed 3-12-98 (Register 98, No. 11).
§3317. Mental Health Evaluations for Disciplinary Hearings.
Note • History
Inmates in the Mental Health program or any inmate showing signs of possible mental illness may require a CDC 115 MH (Rev. 06/06), Rules Violation Report: Mental Health Assessment.
All inmates at the EOP, MHCB, and DMH level of care, who receive a CDC 115, Rules Violation Report shall be referred for a Mental Health Assessment. All inmates in CCCMS or non-MHSDS inmates who receive a CDC 115 Rules Violation Report, and who exhibit bizarre, unusual or uncharacteristic behavior at the time of the rules violation shall be referred for a Mental Health Assessment. An inmate shall be referred for a mental health evaluation prior to documenting misbehavior on a CDC Form 115, Rules Violation Report, in any case where the inmate is suspected of self mutilation or attempted suicide. If the mental health evaluation determines that it was an actual suicide attempt, a CDC Form 115 shall not be written and the behavior shall be documented on a CDC Form 128B(Rev.4/74), General Chrono, for inclusion in the inmate's central file.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 3-24-78 as an emergency; effective upon filing (Register 78, No. 12).
3. Certificate of Compliance filed 6-15-78 (Register 78, No. 24).
4. Repealer and new section filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
5. Relocation and amendment of former subsections 3317(a)-(b)(2) to subsections 3312(a)(3)(A)-(B) and new section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. Editorial correction deleting formerly relocated text (Register 95, No. 34).
7. Amendment of section heading and subsection (a), and repealer of subsections (b)-(b)(2) filed 8-23-95 as an emergency; operative 8-23-95 (Register 95, No. 34). A Certificate of Compliance must be transmitted to OAL by 1-30-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-95 order transmitted to OAL 1-8-96 and filed 2-16-96 (Register 96, No. 7).
9. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3318. Assistance to Inmates for Serious Rule Violations.
Note • History
(a) Investigative employee. The investigative employee is designated to gather information for the senior hearing officer or disciplinary hearing committee as described in section 3315(d)(1)(A).
(1) The investigative employee shall:
(A) Interview the charged inmate.
(B) Gather information.
(C) Question all staff and inmates who may have relevant information.
(D) Screen prospective witnesses.
(E) Submit a written report to the senior hearing officer or disciplinary committee chairperson to include witness statements and a summary of the information collected specific to the violation charged.
(2) A copy of the investigative employee's report shall be provided to the inmate no less than 24 hours before a disciplinary hearing is held.
(3) When an investigative employee provides assistance to an inmate, in lieu of or in addition to that provided by a staff assistant, the investigative employee shall do so as a representative of the official who will conduct the disciplinary hearing rather than as a representative of the inmate.
(4) An investigative employee is not subject to the confidentiality provisions of subsection (b)(2)(A) and shall not withhold any information received from the inmate.
(b) Staff Assistant.
(1) The assigned staff assistant shall:
(A) Inform inmates of their rights and of the disciplinary hearing procedures.
(B) Advise and assist in the inmate's preparation for a disciplinary hearing, represent the inmate's position at the hearing, ensure that the inmate's position is understood, and that the inmate understands the decisions reached.
(C) Refrain from giving legal counsel or specifying the position the inmate should take in any disciplinary, classification or criminal proceeding.
(2) The inmate shall be informed that:
(A) The staff assistant shall keep confidential any information the inmate may disclose concerning the charges for which the staff assistant was assigned.
(B) All evidence and information obtained and considered or developed in the disciplinary process may be used in court if the violation has been or is to be referred for criminal prosecution.
(3) If the staff assistant becomes aware that the inmate is contemplating future criminal conduct, the staff assistant shall disclose this information if necessary to protect potential victims and prevent the contemplated crime.
(4) The staff assistant shall inform the inmate that all evidence and information obtained and considered or developed in the disciplinary process may be used in court if the same charges have been or are to be referred to the district attorney for possible criminal prosecution.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 8-17-79 as an emergency; effective upon filing (Register 79, No. 33). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 12-15-79.
3. New subsection (e) filed 11-1-79 as an emergency; effective upon filing (Register 79, No. 44). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-1-80.
4. Certificate of Compliance as to 8-17-79 order filed 12-14-79 (Register 79, No. 50).
5. Certificate of Compliance as to 11-1-79 order filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
7. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
8. Amendment of section heading and section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
9. Amendment of subsections (a), (a)(1)(E) and (b)(2)(A)-(B) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3319. Investigative Employees. [Repealed]
History
HISTORY
1. Amendment of subsection (a) filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
3. Repealer filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
§3320. Hearing Procedures and Time Limitations.
Note • History
(a) A classified copy of the CDC Form 115 per section 3313(a), CDC Form 115-A (Rev. 07/88), and any additional/supplemental information documented via the CDC Form 115-C (Rev. 5/95) containing any elements of the violation charged shall normally be provided to the inmate within 15 days from the date the information leading to the charges is discovered by staff or, in the case of an escapee, within 15 days after the escapee's return to the department's custody, or in the case of an ACP Participant's removal from the community, within 15 days of the participant's return to an institution.
(1) Providing the inmate with a copy of the classified CDC Form 115, CDC Form 115-A, and CDC Form 115-C (if applicable) may be delayed beyond 15 days, but no more than an additional 30 days for a total of 45 days, and shall not prohibit forfeiture of credits as a penalty for the misconduct when all of the following criteria are met:
(A) The misconduct could be prosecuted as murder, attempted murder, or battery on staff.
(B) An investigation is continuing to identify others involved in the misconduct.
(C) Within 15 days of discovering the misconduct, a written request to delay the inmate's notification, including the reasons for the delay, is approved by the chief disciplinary officer.
(2) Time limitations for a re-issued CDC Form 115 shall commence on the date the chief disciplinary officer orders the re-hearing pursuant to Subsection 3320(a)(1) above.
(b) The charges shall be heard within 30 days from the date the inmate is provided a classified copy of the CDC Form 115 unless the charges were referred for possible prosecution and the inmate has been granted a request for postponement of the disciplinary proceedings pending the outcome of the referral, if exceptional circumstances exist pursuant to section 3000, or the inmate is transferred out of the custody of the department.
(1) The Hearing for a CDC Form 115 ordered re-issued/re-heard shall be conducted pursuant to Subsection 3320(b) above relative to the re-issued copy.
(c) A disciplinary hearing shall not be held until the inmate has been provided:
(1) A classifieid copy of the CDC Form 115 and all non-confidential reports containing information relative to the charge, including the investigative employee's report.
(2) At least 24 hours to review the material and prepare for the hearing. The hearing may be held earlier if the inmate waives the 24-hour period.
(d) A hearing may be postponed up to 30 days upon receipt of the inmate's written request to the CDO showing a reasonable need for postponement. The CDO will evaluate the request and approve or deny it based on its credibility. Postponement shall not bar any credit forfeiture.
(e) If a hearing is postponed for any reason, such reason shall be documented in the findings section of the CDC Form 115.
(f) The following events shall preclude denial or forfeiture of credits:
(1) The inmate was not provided a copy of the CDC Form 115 within 15 days after the discovery of information leading to the charges except as other provided in (a).
(2) The official conducting the hearing did not establish that the information or evidence was not reasonably discoverable within 30 days or sooner or when the inmate is not provided a copy of the CDC Form 115 within 15 days of the misconduct, unless (a) is applicable.
(3) The disciplinary hearing was not held within 30 days of the date the inmate was provided a classified copy of the CDC Form 115, unless the inmate requested and was granted a postponement of the hearing pending outcome of the referral pursuant to section 3316, exceptional circumstances as defined in Section 3000 exist, or if the inmate is transferred out of the custody of the department.
(4) A disciplinary hearing was not held within 30 days after the chief disciplinary officer was notified of the outcome of a prosecution referral or within 30 days of the inmate's revoked request for postponement of the hearing, if an accusatory pleading was not filed against the inmate.
(5) The inmate was not provided a written explanation of the exceptional circumstances preventing a hearing within 30 days after the inmate was provided a copy of the CDC Form 115 and the official conducting the hearing did not establish in the findings of the hearing that the delay did not prejudice the inmate.
(g) The inmate shall normally be present at a disciplinary hearing. When a disciplinary hearing is held without the inmate present, the reason for the absence shall be documented during the hearing on the CDC Form 115. The inmate shall be present at a disciplinary hearing unless:
(1) A psychiatrist has determined that the inmate suffers from a serious mental disorder preventing the inmate's understanding of or participation in the hearing, and there is a compelling reason or need to proceed with the hearing.
(2) The inmate was convicted of escape in court and has not been returned to the facility or jurisdiction from which the escape occurred.
(3) The inmate has waived the right to be present in writing, or in the case of a refusal to sign a waiver, the refusal was witnessed by a custody officer, documented on a CDC Form 128-B (Rev. 4/74), and attached to the CDC Form 115 for review by the Senior Hearing Officer at the disciplinary hearing and by the Chief Disciplinary Officer following adjudication of the rules violation report.
(h) Staff who observed, reported, classified, supplied supplemental reports to, or investigated the alleged rule violation; who assisted the inmate in preparing for the hearing; or for any other reason have a predetermined belief of the inmate's guilt or innocence shall not hear the charges or be present during deliberations to determine guilt or innocence and disposition of the charges.
(i) An inmate witness shall not be transferred between facilities to testify at a hearing unless the chief disciplinary officer of the facility hearing the charges determines a fair and impartial hearing cannot be conducted unless the witness is present. When a witness is not available, the chief disciplinary officer of the facility where the witness is located shall be notified of the need to appoint an investigative employee to discuss the case with the investigative employee of the facility conducting the disciplinary hearing; to interview the witness, prepare a written investigative report, and forward the report to the facility where the hearing will be conducted.
(j) When an inmate whose rule violation charges are being adjudicated is ordered to leave the hearing room, all witnesses, including staff witnesses, shall also leave the room. The inmate has a right to be present when any witness is present at the hearing.
(k) When a serious rule violation occurs during transportation of an inmate, transporting staff witnesses shall be present at the hearing if requested, or shall be available for questioning by telephone during the disciplinary hearing.
(l) The inmate may present documentary evidence in defense or mitigation of the charges. Any finding of guilt shall be based upon determination by the official(s) conducting the disciplinary hearing that a preponderance of evidence submitted at the hearing substantiates the charge. At the conclusion of the disciplinary hearing, the inmate shall be informed of the findings and disposition of the charge and of the right to and procedure for appeal of the action. Within five working days following review of the CDC Form 115 and CDC Form 115-A by the chief disciplinary officer, the inmate shall be provided a copy of the completed CDC Form 115 containing the findings, disposition, and evidence relied upon in reaching the conclusions.
(m) When an inmate is charged with possession of unauthorized or dangerous items or substances, or when unauthorized or dangerous items or substances are associated with commission of the charged rule violation, the hearing official shall record the disposition of the item or substance in the disposition section of the CDC Form 115.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 1170.05, 2932 and 5054, Penal Code.
HISTORY
1. Amendment of subsection (b) filed 12-1-80 as an emergency; designated effective 1-1-81 (Register 80, No. 49). For prior history, see Register 80, No. 16.
2. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to Government Code Section 11349.6 (Register 80, No. 49).
3. Amendment of subsection (c) filed 12-8-80; effective thirtieth day thereafter (Register 80, No. 50).
4. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
5. Amendment of subsections (a)-(d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
6. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
7. New subsection (l) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
9. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
11. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24) A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
12. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
13. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
14. Change without regulatory effect amending subsection (a)(1)(A) filed 5-7-96; operative 6-6-96 (Register 96, No. 19).
15. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
16. Amendment of subsection (a) and Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
18. Amendment of subsection (a) and Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
19. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
20. Amendment of subsection (a) and Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3320.1. Hearings for Transferred Inmates.
Note • History
(a) An inmate's pending disciplinary hearing shall be conducted before the inmate is transferred to another facility unless any one of the following circumstances apply:
(1) An emergency transfer to a higher security level is necessary based on charges of involvement in a major disturbance or serious incident.
(2) The inmate is charged with escape from a Level I or II facility and will not be returned to the facility from which the inmate escaped.
(3) The inmate requires emergency medical or psychiatric treatment.
(b) When an inmate is transferred before a disciplinary hearing or a rehearing is ordered on the rule violation charges after the inmate's transfer, one of the following methods shall be used to facilitate the disciplinary hearing process:
(1) The inmate may be returned to the facility where the violation occurred.
(2) The institution head at the facility where the violation occurred may request the hearing be conducted by staff where the inmate is currently housed or staff from the facility where the violation occurred may conduct the hearing at the facility where the inmate is housed.
(A) Facility staff where the rule violation occurred may appoint an investigative employee to conduct an investigation and prepare a report as outlined in section 3318.
(B) If a staff assistant is appointed, the staff assistant shall be present at the disciplinary hearing.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5068, Penal Code.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
Note • History
(a) The following types of information shall be classified as confidential:
(1) Information which, if known to the inmate, would endanger the safety of any person.
(2) Information which would jeopardize the security of the institution.
(3) Specific medical or psychological information which, if known to the inmate, would be medically or psychologically detrimental to the inmate.
(4) Information provided and classified confidential by another governmental agency.
(b) Uses of specific confidential material.
(1) No decision shall be based upon information from a confidential source, unless other documentation corroborates information from the source, or unless the circumstances surrounding the event and the documented reliability of the source satisfies the decision maker(s) that the information is true.
(2) Any document containing information from a confidential source shall include an evaluation of the source's reliability, a brief statement of the reason for the conclusion reached, and a statement of reason why the information or source is not disclosed.
(3) The documentation given to the inmate shall include:
(A) The fact that the information came from a confidential source.
(B) As much of the information as can be disclosed without identifying its source including an evaluation of the source's reliability; a brief statement of the reason for the conclusion reached; and, a statement of reason why the information or source is not disclosed.
(c) A confidential source's reliability may be established by one or more of the following criteria:
(1) The confidential source has previously provided information which proved to be true.
(2) Other confidential source have independently provided the same information.
(3) The information provided by the confidential source is self-incriminating.
(4) Part of the information provided is corroborated through investigation or by information provided by non-confidential sources.
(5) The confidential source is the victim.
(d) Filing confidential material.
(1) Only case information meeting the criteria for confidentiality shall be filed in the confidential section of an inmate's/parolee's central file.
(2) Proposed confidential documents shall be reviewed, signed, and dated by a staff person at the correctional counselor III, parole agent III, correctional captain, or higher staff level to indicate approval of the confidential designation and placement in the confidential section of the central file.
(3) Classification committees shall review the material filed in the confidential folder of each case considered. Any material not approved but designated confidential shall be removed from the folder and submitted to the designated staff person for review and determination.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1798.34, 1798.40, 1798.41 and 1798.42, Civil Code; Section 6255, Government Code; Sections 2081.5, 2600, 2601, 2932, 5054 and 5068, Penal Code; and Illinois v. Gates, 462 U.S. 213 (1983).
HISTORY
1. Repealer and new section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Repealer and new section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of subsection (c)(4) and Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
Note • History
(a) No inmate shall be kept in disciplinary detention or confined to quarters more than ten days. The chief disciplinary officer may shorten time spent in disciplinary detention or confined to quarters if the inmate appears ready to conform and the facility disciplinary process will benefit by such an action. When the disciplinary detention or confined to quarters disposition has expired and continued segregation is deemed necessary, the inmate shall be processed pursuant to section 3335.
(b) Time spent in segregation pending a disciplinary hearing shall normally be credited toward any disciplinary detention or confined to quarters sentence imposed. Reasons for not granting such credit shall be explained in the disposition section of the CDC Form 115.
(c) No inmate shall be confined to quarters or otherwise deprived of exercise as a disciplinary disposition longer than ten days unless, in the opinion of the institution head, the inmate poses such an extreme management problem or threat to the safety of others that longer confinement is necessary. The director's written approval is required for such extended confinement.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
§3323. Disciplinary Credit Forfeiture Schedule.
Note • History
(a) Upon a finding of guilt of a serious rule violation, a credit forfeiture against any determinate term of imprisonment or any minimum eligible parole date for an inmate sentenced to an indeterminate sentence, as defined in section 3000 Indeterminate Sentence Law (ISL), shall be assessed within the ranges specified in (b) through (h) below:
(b) Division “A-1” offenses; credit forfeiture of 181-360 days.
(1) Murder, attempted murder, and solicitation of murder. Solicitation of murder shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances.
(2) Manslaughter.
(3) Battery causing serious injury.
(4) Assault or battery with a deadly weapon or caustic substance.
(5) Rape, attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral copulation against the victim's will.
(6) Taking a hostage.
(7) Escape with force or violence.
(8) Possession, manufacture, or attempted manufacture of a deadly weapon or explosive device.
(9) Solicitation to commit an offense listed in subsections (b)(3), (b)(4) or (b)(5) above.
(c) Division “A-2” offenses; credit forfeiture of 151-180 days.
(1) Arson involving damage to a structure or causing serious bodily injury.
(2) Possession of flammable, explosive, or combustible material with intent to burn any structure or property.
(3) Destruction of state property valued in excess of $400 during a riot or disturbance.
(4) Any other felony involving violence or injury to a victim not specifically listed in this schedule.
(5) Attempted escape with force or violence.
(6) Introduction or distribution of any controlled substance, as defined in section 3000, in an institution/facility or contract health facility.
(7) Extortion by means of force or threat.
(8) Conspiracy to commit any Division “A-1” or “A-2” offense.
(9) Solicitation to commit an offense listed in subsections (c)(1), (c)(3), or (c)(8) above.
(d) Division “B” Offenses; credit forfeiture of 121-150 days.
(1) Battery on a peace officer not involving the use of a weapon.
(2) Assault on a peace officer by any means likely to cause great bodily injury.
(3) Battery on a non-prisoner.
(4) Threatening to kill or cause serious bodily injury to a public official, their immediate family, their staff, or their staff's immediate family.
(5) Escape from any institution or community correctional facility other than a camp or community-access facility.
(6) Theft, embezzlement, destruction, or damage to another's personal property, state funds, or state property valued in excess of $400.
(7) Unauthorized possession of any controlled substance as defined in section 3000, including marijuana, in an institution/facility or contract health facility.
(A) Progressive disciplinary credit forfeiture for violations described in (7) above are as follows:
1. Credit forfeiture of 121-130 days for the first offense.
2. Credit forfeiture of 131-140 days for the second offense.
3. Credit forfeiture of 141-150 days for the third offense.
(8) Sexual Activity in a visiting room involving physical contact with a minor.
(9) Indecent Exposure with prior court conviction under PC 314 or PC 288.
(10) Any felony not involving violence or the use of a weapon not listed in this schedule.
(11) Conspiracy to commit any Division “B” offense.
(12) Solicitation to commit an offense as listed in subsections (d)(1) or (d)(2) above.
(e) Division “C” offenses; credit forfeiture of 91-120 days.
(1) Escape without force from a camp, community-access facility, or any Alternative Custody Program placement, as provided in Chapter 1, Article 6.8.
(2) Attempted escape without force from an institution or community correctional facility other than a camp or community-access facility.
(3) Furnishing equipment for or aiding and abetting an escape or escape attempt.
(4) Attempted extortion by means of threat.
(5) Bribery.
(6) Arson.
(7) Forgery, falsification, or alteration of any official record or document prepared or maintained by the department which could affect a term of imprisonment.
(8) Possession of any narcotic, drug, or controlled substance in a community-access facility or any Alternative Custody Program placement.
(9) Unauthorized possession of drug paraphernalia as defined in Section 3000.
(10) The physical possession of alcohol in an institution/facility or contract health facility.
(11) Accessory to any felony offense.
(12) Conspiracy to commit any Division “C” offense.
(13) Solicitation to commit an offense listed in subsections (e)(5), (e)(6), or (e)(7) above.
(f) Division “D” offenses; credit forfeiture of 61-90 days.
(1) Use of a controlled substance (except marijuana or Barbiturates), as identified in H&SC 11007, based solely on a positive test result from an approved departmental testing method.
(2) Being under the influence of alcohol, any drug, controlled substance, or other intoxicant, as defined in section 3000 and unable to exercise care for personal safety or the safety of others.
(3) Participating in a riot, rout, or unlawful assembly.
(4) Inciting a riot.
(5) Indecent Exposure without a prior court conviction under PC 314 or PC 288.
(6) Sexual Activity in a visiting room with an adult.
(7) Willfully resisting, delaying, or obstructing any peace officer in the performance of duty.
(8) Late return from a temporary community leave.
(9) Assault or battery on a prisoner with no serious injury.
(10) Fighting.
(11) Assault of a peace officer by any means not likely to cause great bodily injury.
(12) Assault on a non-prisoner.
(13) Conspiracy to commit any Division “D” offense.
(14) Solicitation to possess, distribute or introduce a controlled substance into an institution, contract health facility, or any Alternative Custody Program placement.
(15) Possession and/or constructive possession of a cellular telephone or wireless communication device or any component thereof including, but not limited to, a subscriber identity module (SIM card), memory storage devices or cellular telephone chargers.
(g) Division “E” offenses; credit forfeiture of 31-60 days.
(1) Theft, embezzlement, destruction, or damage to another's personal property, state funds or state property valued at less than $400.
(2) Possession of alcoholic beverages or intoxicating substances in a community-access facility under the jurisdiction of CDCR.
(3) Consensual participation in sodomy or oral copulation.
(4) Forgery or falsification or alteration of any government document or record not affecting an inmate's term of imprisonment.
(5) Gambling in an institution, community correctional facility, or camp other than a community-access facility.
(6) Refusal to provide blood specimens, a saliva sample, or palm and thumb print impressions pursuant to Penal Code sections 295 through 300.3, after receiving written notification in accordance with PC section 298.1 that they must be provided.
(7) Sexual Disorderly Conduct.
(8) Commission of any misdemeanor offense not listed in this schedule.
(9) Conspiracy to commit any Division “E” offense.
(10) Solicitation to commit an offense listed in subsections (g)(4) or (g)(7) above.
(h) Division “F” offenses; credit forfeiture of 0-30 days.
(1) Gambling in a community-access facility or any Alternative Custody Program placement.
(2) Late return to a community-access facility or any Alternative Custody Program placement.
(3) Use of marijuana, barbiturates or alcohol based solely on a positive test result from an approved departmental testing method.
(4) Misuse, alteration, unauthorized acquisition, or exchange of personal property, state funds, or state property.
(5) Refusing to provide a urine specimen for the purpose of testing for the presence of controlled substance(s) or alcohol.
(6) The fermentation or distillation of materials in a manner consistent with the production of alcohol.
(7) Possession of dangerous contraband as identified in section 3000 excluding cell phones or wireless communication devices or any component or accessory thereof.
(8) Unauthorized possession or distribution of medication (not identified as a controlled substance in section 3000).
(9) Work related offenses:
(A) Refusal to work or perform assigned duties;
(B) Continued failure to perform assigned work or participate in a work/training program.
(10) Any other serious rule violation meeting the criteria listed in section 3315, not a crime, and not identified as administrative in section 3314.
(i) Nothing in this section shall prevent the department from seeking criminal prosecution for any conduct constituting a violation of the law or from imposing one or more of the authorized punitive, preventative, or control measures described in these regulations, in addition to forfeiture of credits.
(j) Inmates shall be provided written notice of any credit forfeited by disciplinary action, of anticipated release date changes based on credit forfeiture set aside through the departmental appeal process, or a Board of Parole Hearings review.
(k) If an inmate is held beyond an established parole date because of a disciplinary or prosecution action, the number of days the inmate is overdue when released shall be deducted from their parole period when one or more of the following apply:
(1) The inmate is found not guilty of the charges.
(2) No credit is forfeited as a result of the disciplinary hearing.
(3) An inmate appeal results in reduction of the credit forfeiture ordered in the disciplinary hearing.
(4) A Board of Parole Hearings review results in restoration of all or part of the credit forfeiture ordered in the disciplinary hearing.
NOTE
Authority cited: Sections 5058, 5058.3 and 1170.05, Penal Code. Reference: Sections 148, 241, 243, 295-300.3, 314, 647, 1170.05, 2932, 2933, 4500, 4501, 4501.1, 4573.6, 4576, 4600, 5054 and 12020, Penal Code.
HISTORY
1. Amendment of subsection (a)(3) and new subsection (a)(3)(E) filed 12-1-78 as an emergency; designated effective 1-1-79. For prior history, see Register 77, No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment of subsection (a) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Amendment filed 11-20-79 as an emergency; designated effective 1-1-80 (Register 79, No. 47). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-20-80.
5. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
7. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
9. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
11. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
12. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
13. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
14. New subsection (c)(7), subsection renumbering, amendment of subsection (d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7), subsection renumbering, and amendment of subsections (e)(11) and (f)(1) filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
15. New subsection (c)(7), subsection renumbering, amendment of subsection (d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7), subsection renumbering, and amendment of subsections (e)(11) and (f)(1) refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
17. New subsection (g)(6), subsection renumbering and amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
19. New subsections (g)(7)-(g)(7)(C) and subsection renumbering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
20. New subsections (g)(7)-(g)(7)(C) and subsection renumbering refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
22. New subsections (d)(7) and (g)(8), subsection renumbering, amendment of subsection (f)(5), and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
24. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
25. Change without regulatory effect amending subsection (d)(7)(A) filed 12-11-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 50).
26. New subsections (d)(8) and (f)(6) and subsection renumbering filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
27. New subsection (f)(12), subsection renumbering and amendment of Note filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
28. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note filed 9-27-2011 as an emergency; operative 9-27-2011 (Register 2011, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-5-2012 or emergency language will be repealed by operation of law on the following day.
29. Amendment of subsection (a), new subsection (f)(15), amendment of subsections (h)(7), (j) and (k)(4) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
30. Change without regulatory effect amending Note filed 3-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 10).
31. Certificate of Compliance as to 9-27-2011 order transmitted to OAL 2-3-2012; Certificate of Compliance withdrawn 3-19-2012 (Register 2012, No. 12).
32. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note refiled 3-19-2012 as an emergency; operative 3-19-2012 (Register 2012, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-18-2012 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
34. Reinstatement of section as it existed prior to 3-19-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 28).
35. Amendment of subsections (e)(1), (e)(8), (f)(14) and (h)(2) and amendment of Note filed 9-13-2012 as an emergency; operative 9-13-2012 (Register 2012, No. 37). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-20-2012 or emergency language will be repealed by operation of law on the following day.
§3324. Conduct Reportable to the Releasing Authority.
Note • History
(a) Rules of the Board of Prison Terms and those of the Narcotic Addict Evaluation Authority require that specific acts of inmate conduct be reported to the appropriate releasing authority when the inmate has an established or anticipated release date on an indeterminate term or period of confinement. The applicable Board of Prison Terms and Narcotic Addict Evaluation Authority rules are set forth in Divisions 2 and 5 of Title 15, California Administrative Code, and are hereby incorporated by reference in the rules of the Director of Corrections.
(b) At the discretion of the appropriate releasing authority, a hearing for reconsideration of release may be held in conjunction with a disciplinary hearing for misconduct that is also reportable to the releasing authority.
(c) Releasing authority members and representatives may sit in the factfinding and disposition phase of a disciplinary hearing held in conjunction with a hearing by the releasing authority for release reconsideration. Releasing authority members and representatives will not act as factfinders or decision makers in the disposition of disciplinary charges against an inmate. However, the members and representatives of the releasing authority may participate in the factfinding phase of the disciplinary hearing as deemed necessary to bring out information which will aid in determining appropriate action relative to the inmate's scheduled or anticipated release.
(d) The scheduling of a combined departmental disciplinary hearing and a releasing authority hearing for reconsideration of an established or anticipated release date on an indeterminate term or period of confinement does not stay the time limits for a disciplinary hearing in which good time credit may be denied on a determinate term of imprisonment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2931, 3060 and 5054, Penal Code; Section 3051, Welfare and Institutions Code.
HISTORY
1. Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Repealer and new section filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
3. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
4. Editorial correction of subsection (a) filed 2-19-85 (Register 85, No. 8).
5. Editorial correction of printing errors in subsection (c) (Register 92, No. 5).
§3325. Appeal of Disciplinary Actions. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932, 5054 and 5077, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
4. Amendment of subsection (b) filed 2-22-79; effective thirtieth day thereafter (Register 79, No. 8).
5. Amendment of subsections (a) and (c) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
6. Repealer of Section 3325(a) and (b), and renumbering and amendment of former Section 3325(c) to Section 3084.7(c) filed 5-18-89 as an emergency; operative 5-18-89 (Register 89, No. 21). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-15-89.
7. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41).
§3326. Records of Disciplinary Matters.
Note • History
(a) Upon conclusion of disciplinary proceedings, all documents relating to the disciplinary process, findings, and disposition shall be disposed of in the following manner:
(1) When an inmate is held responsible for the act charged, copies of all documents prepared for and used in the disciplinary proceedings shall be placed in the inmate's central file. A copy of the completed CDC Form 115 shall be provided to the inmate. A copy of the completed CDC Form 115 shall be filed in the Register of Institution Violations.
(2) When the inmate is found not guilty of the act charged or when the charge is dismissed for any reason, the documents prepared for and used in the disciplinary process shall not be placed in any file pertaining to the inmate. However, two copies of any CDC Form 115 used in the disciplinary process shall be completed as to findings and disposition. One copy of the completed report shall be filed in the Register of Institution Violations. The other completed copy shall be provided to the inmate. All other copies of the CDC Form 115 and all supplemental reports shall be destroyed.
(3) Unless information developed through the disciplinary process, such as enemy information, needs to be considered in future classification committee determinations affecting an inmate found not guilty of a rule violation or whose charges were dismissed, no other recording or document relating to the rule violation charge or disciplinary proceedings shall be placed in files pertaining to the inmate.
(b) Information developed through the disciplinary process, classification committee determinations affecting the inmate, or events requiring explanation shall be recorded by the disciplinary hearing officer on a CDC Form 128-B, Informative Chrono, and referred to the classification committee. Such information shall include but not be limited to the following:
(1) The reason for an inmate's placement in restricted housing prior to adjudication of the charges if that information has not been previously considered in a classification committee hearing;
(2) Any reason for retaining the inmate in restricted housing after a finding of not guilty or dismissal of charges; or
(3) Any program assignment or placement change which needs to be considered in view of other inmate or employee animosity toward the individual.
(4) The CDC Form 128-B shall be placed in the inmate's central file and a copy shall be provided to the inmate.
(c) Provisions of this section shall also apply when a finding of guilt on disciplinary charges is reversed or dismissed on appeal, or when information reported on a CDC Form 128-A, Custodial Counseling Chrono, is found on appeal to be incorrect or inappropriate.
(d) A finding of not guilty, dismissal, or reversal of a previous finding of guilt shall require an audit and updating of any documentation in the inmate's file reflecting a prehearing assumption of guilt or the original finding of guilt. Such documentation shall not be removed from the inmate's file, but shall be annotated with a cross-reference to the CDC Form 128-B documenting the most recent findings and action on the charge.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2081, Penal Code.
HISTORY
1. New section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a) filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
3. Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
Article 5.5. Restoration of Forfeited Worktime Credits
§3327. Restoration of Forfeited Credits.
Note • History
(a) Forfeited credits shall at no time be restored as specified below:
(1) No credit shall be restored for any serious disciplinary offense punishable by a credit loss of more than 90 days. These offenses include Divisions A-1, A-2, B and C.
(2) No credit shall be restored if the inmate is found guilty of any subsequent rule violation that occurred within the required disciplinary-free periods provided in Section 3328.
(3) No credit shall be restored if the worktime credit denial or loss was ordered by court judgment unless the court rescinds or overturns the order.
(4) No credit shall be restored for the following disciplinary offenses:
(A) The inmate was found guilty of use of a controlled substance, marijuana, or alcohol, based on a positive test result from a departmentally approved testing method;
(B) The inmate was ordered to submit to a drug test pursuant to section 3290(c) and refused the test;
(C) The inmate was found guilty of fermentation or distillation of materials in a manner consistent with the production of alcohol in a prison or community access facility;
(D) The inmate was found guilty of unauthorized possession of dangerous contraband as defined in section 3000.
(b) Upon completion of a disciplinary-free period for Division D, E, and F offenses as provided in section 3328, an eligible inmate may apply to their caseworker for credit restoration by submitting a CDC Form 958 (Rev. 8/87), Application for Inmate's Restoration of Credits. A restoration hearing shall be conducted within 30 days of the inmate's application. The inmate has a right to be present at the hearing and to a written decision of the committee.
(1) A classification action resulting in restoration of worktime credit shall be documented and forwarded to the facility's case records staff for recalculation of the inmate's release date.
(2) When an inmate does not meet the criteria for a credit restoration hearing, the caseworker shall note the reasons on the CDC Form 958 and return it to the inmate.
(c) Credit shall be restored at the consideration hearing unless it is determined that the inmate has, since the disciplinary infraction leading to the credit forfeiture, refused or failed to perform in a work, training, or educational assignment during the required disciplinary-free period, or under extraordinary circumstances, as described in section 3329.
(1) Credit shall not be restored in an amount rendering the inmate overdue for release.
(2) An inmate who is a violent offender as defined in Penal Code (PC) Section 667.5(c), or who is serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or who is an offender for whom such notification has been ordered by any court shall not be eligible for credit restoration which would result in a notification being provided to local law enforcement in less than 45 days prior to the inmate's scheduled release date.
(3) The inmate shall be informed at the hearing that case records staff shall determine the actual release date which shall include a minimum of ten working days for release processing. However, if the inmate is a violent offender as defined in PC Section 667.5(c) or is serving a term upon conviction of child abuse pursuant to PC Section 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been court ordered, the number of working days for release processing shall be sufficient to ensure that local law enforcement officials will be notified of the inmate's release in not less than the 45-day time frame required by law. A copy of the new legal status sheet reflecting the credit restoration shall be provided to the inmate.
(d) If less than 100 percent of restorable credits forfeited are restored by the classification committee, the inmate may make additional applications for restoration upon completion of additional disciplinary-free periods until all restorable credit is restored or the inmate is released from custody.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5, 2932, 2932.5, 2933, 3058.6, 3058.9 and 5054, Penal Code.
HISTORY
1. New article 5.5 (sections 3327-3329) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code section 1136.2(d) (Register 83, No. 19).
2. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Amendment of subsections (b) and (c) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
10. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
11. Amendment of section pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
13. New subsection (a)(3) and amendment of Note filed 11-12-97 as an emergency; operative 11-12-97 (Register 97, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-98 or emergency language will be repealed by operation of law on the following day.
14. Editorial correction of History 13 (Register 98, No. 18).
15. New subsection (a)(3) and amendment of Note refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 4-29-98 order transmitted to OAL 6-12-98 and filed 7-21-98 (Register 98, No. 30).
17. Amendment of subsection (a)(3) filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
18. Amendment of subsection (a)(3) refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 2-3-99 order, including further amendment of subsection (a)(3) and new subsection (a)(4), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
20. Amendment of subsections (a)(2) and (c), new subsection (c)(2), subsection renumbering and amendment of newly designated subsection (c)(3) and Note filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
21. Amendment of subsections (a)(2) and (a)(4) and new subsections (a)(4)(A)-(D) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3328. Disciplinary-Free Periods.
Note • History
(a) A disciplinary-free period shall commence immediately following the date and time an inmate is identified (date of discovery of information leading to the charge) as committing a rules violation.
(b) An inmate may apply for restoration of 100 percent of any credit forfeited for a Division “D” or “E” offense, not identified in section 3327, after remaining disciplinary free for 180 days.
(1) If less than 180 days remain before the inmate's established release date, a one-time application may be made within 90 days of the established release date when the inmate has remained disciplinary free for a minimum of 60 days.
(2) Violent offenders as defined in PC Section 667.5(c) and offenders serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the inmate's release in not less than the 45-day time frame required by law.
(c) An inmate may apply for restoration of 100 percent of any credit forfeited for a Division “F” offense, not identified in section 3327, after remaining disciplinary free for 90 days.
(1) If less than 90 days remain before the inmate's established release date, a one-time application may be made within 60 days of the established release date when the inmate has remained disciplinary free for a minimum of 30 days.
(2) Violent offenders as defined in PC Section 667.5(c) and offenders serving a term upon conviction of child abuse pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified in statutes as being perpetrated against a minor victim, or for whom such notification has been ordered by any court, shall be eligible for the one-time credit restoration application only if local law enforcement officials can be notified of the inmate's release in not less than the 45-day time frame required by law.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 273a, 273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.
HISTORY
1. Amendment of section heading, section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
2. Repealer of subsections (b) and (c) and subsection relettering pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of second Exception (Register 96, No. 36).
4. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
5. Amendment filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
6. Amendment of subsections (a), (b), (b)(1), (c) and (c)(1) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
§3329. Extraordinary Circumstances.
Note • History
(a) Extraordinary circumstances are significant factors which aggravate the seriousness of a rule violation. A finding of factors in aggravation shall be cause to postpone restoration for one additional disciplinary-free period.
(b) Extraordinary circumstances include:
(1) The victim was particularly vulnerable.
(2) Multiple victims were involved.
(3) The inmate induced others to participate in the act or occupied a position of leadership or dominance over the other participants.
(4) The inmate threatened witnesses, prevented or dissuaded witnesses from testifying, induced others to perjure themselves or in any way interfered in the investigation or adjudication of the act.
(5) The inmate's misconduct included other acts which could have resulted in the forfeiture of additional credits.
(6) The plan, sophistication, or professionalism with which the act was carried out, or other facts indicating premeditation.
(7) The inmate involved nonprisoners in the act.
(8) The act involved a large quantity of contraband.
(9) The inmate took advantage of a position of trust or confidence.
(10) The inmate engaged in a pattern of violent conduct.
(11) The inmate's record documents numerous acts of and/or increasingly serious misconduct.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2933, 4573.6 and 5054, Penal Code.
HISTORY
1. New subsection (c)(13) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
3. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
4. Repealer of subsections (b)(1)-(2), (b)(10) and (b)(13), subsection renumbering, and amendment of newly designated subsection (b)(10) pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of subsection (b)(7) (Register 96, No. 36).
6. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
7. Repealer of subsection (b)(10) and subsection renumbering filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
8. Repealer of subsection (b)(10) and subsection renumbering refiled 2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
Article 6. Disciplinary Detention
§3330. Disciplinary Detention.
Note • History
(a) An inmate may not be assigned to disciplinary detention as defined in section 3000 except on the order of a disciplinary committee or senior disciplinary hearing officer.
(b) Disciplinary detention may be ordered in a housing unit or section of a housing unit specifically designed for that purpose or in any room or cell which provides the necessary security, control, and restriction of the inmate's actions. When disciplinary detention is ordered in a housing unit other than a designed disciplinary detention unit, the conditions of detention will be the same as prescribed for disciplinary detention units.
(c) Disciplinary detention may be ordered as a continuous period of confinement or as intermittent confinement on holidays, weekends or days off from assigned work and program activities. When ordered as intermittent confinement, confinement shall not exceed 10 days during a 35-day period. The chief disciplinary officer shall review the treatment of an inmate confined in disciplinary detention and consider a modification of sentence when evidence indicates the inmate is ready to conform to the rules.
(d) Time served in disciplinary detention will be computed on the basis of full days in detention. The day of placement and the day of release will not count as a day of time served. Intermittent detention may extend from the end of the work day before the first full day of detention to the beginning of the work day following the last full day of detention.
(e) Continuous disciplinary detention of an inmate shall not exceed 10 full days without approval of the director or deputy director, institutions.
(f) If an extension beyond 10 days is approved, the warden/superintendent shall note that fact in the disposition section of the rule violation report stating the reasons for the extension and the additional amount of time the inmate shall be confined, and shall sign and date the notation.
(g) A request for the director's approval to retain an inmate in disciplinary detention for longer than 30 days shall be accompanied by a current psychological evaluation of the inmate's mental health. Such evaluation shall include a personal interview with the inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.
HISTORY
1. Repealer of Article 6 (sections 3330-3337) and new Article 6 (sections 3330-3333) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16). For prior history see Registers 77, No. 20, 78, No. 12, 78, Nos. 24 and 25, 79, Nos. 18 and 31.
2. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
8. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
9. Editorial correction of printing error in History 1. (Register 92, No. 5).
§3331. Conditions of Detention.
Note • History
(a) Insofar as the safety and security of institution and for persons will permit, the physical facilities of designated disciplinary detention units will approximate those housing general population inmates.
(b) Quarters. Where adequate and secure facilities are available and the number of inmates assigned to designated disciplinary detention units permit, inmates so assigned will be housed in single occupancy quarters. When the use of multiple occupancy quarters is necessary, the number of inmates so assigned will not exceed the capacity of beds for which such quarters are equipped except as a temporary emergency measure. The office of the deputy director-institutions or the departmental duty officer will be notified when such an emergency exists for longer than 24 hours. Institution and department efforts will be coordinated as necessary to resolve the overcrowding situation as quickly as possible.
(c) Personal Items.
(1) Inmates will not be permitted to use or possess items of personally owned property, such as radios, television sets, tape players, musical instruments, and typewriters while undergoing disciplinary detention. Personal items necessary for health and hygiene may be used if such items are not available for issue by the institution.
(2) Inmates will not be permitted to purchase, use or possess edible or consumable canteen items while undergoing disciplinary detention.
(3) Inmates may be deprived of the use of personally owned clothing and footwear while undergoing disciplinary detention when adequate state clothing and footwear are issued. No inmate in disciplinary detention will be required to wear clothing that significantly differs from that worn by other inmates in the unit, except that temporary adjustments may be made for security reasons and for protection from self inflicted harm. No inmate will be clothed in any manner intended to degrade the inmate.
(d) Meals. Inmates in disciplinary detention shall be fed the same meal and ration as is provided for general population inmates. Meals served shall supply approximately 2500 calories per day.
(e) Mail. The sending and receiving of first class mail will not be restricted while an inmate is undergoing disciplinary detention. Delivery or issue of packages, publications and newspapers will be withheld during disciplinary detention.
(f) Visits. Inmates undergoing disciplinary detention retain the right to have personal visits. Privileges and amenities associated with visiting including physical contact with visitors may be suspended during the disciplinary detention period. When the number, length or frequency of visits are limited, the inmate will be permitted to choose who will visit from among persons approved to visit before the detention period began.
(g) Personal Cleanliness. Inmates undergoing disciplinary detention will be provided the means to keep themselves clean and well-groomed. Haircuts will be provided as needed. Showering and shaving will be permitted at least three times a week.
(h) Exercise. Inmates undergoing disciplinary detention will be permitted a minimum of one hour per day, five days per week, of exercise outside their cells unless security and safety considerations preclude such activity.
(i) Reading Material. State supplied reading material will be provided for inmates undergoing disciplinary detention. Such material may be assigned to disciplinary detention units from the inmate library and will represent a cross section of material available to the general population. At the discretion of the warden or superintendent, inmates enrolled in educational programs who have textbooks in their personal property may be permitted to study such material while undergoing disciplinary detention.
(j) Legal Material. Inmates undergoing disciplinary detention will not be limited in their access to the courts. Legal resources may be limited to pencil and paper, which will be provided upon request, for correspondence with an attorney or preparation of legal documents for the courts. Other legal material in an inmate's personal property may be issued to an inmate in disciplinary detention if litigation was in progress before detention commenced and legal due dates are imminent.
(k) Privileges. All privileges generally associated with the inmate's work/training incentive groups status will be suspended during a period of disciplinary detention. This includes but is not limited to: personal nonemergency telephone calls, handicraft activities, use of recreational equipment, and the viewing of television, and other privileges.
(l) Restrictions. A written report by the administrator or supervisor in charge of a disciplinary detention unit will be submitted to the chief disciplinary officer whenever an inmate undergoing disciplinary detention is deprived of any usually authorized item, activity or privilege. A special report to the chief disciplinary officer and to a classification committee will be made when an inmate's circumstances indicate a continuing need for separation from general population or from specific persons.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and 5054, Penal Code.
HISTORY
1. Amendment of subsection (k) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Amendment of subsection (d) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Amendment of subsection (c)(2) and amendment of Note filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-7-2005 order transmitted to OAL 12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
5. Change without regulatory effect amending subsection (e) filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
§3332. Administration and Supervision of Detention Units.
Note
(a) Plan of Operation. Each warden and superintendent will establish and maintain a plan of operations for the disciplinary detention of inmates, whether in a unit or section of a unit designated for this specific purpose or in conjunction with other special purpose housing of inmates. Such plans will conform to the provisions of this article and will be updated as necessary to reflect current procedures and practices. A copy of the plan will be submitted to the director for review and approval annually, as scheduled for required plans.
(b) Administration and Supervision. The administration of disciplinary detention units may be delegated to a staff member at not less than the level of correctional captain. The supervision of disciplinary detention units may be assigned to a staff member at not less than the level of correctional sergeant.
(c) Visitation. Inmates assigned to disciplinary detention units will be visited daily by the supervisor in charge of the unit and by an institution physician, registered nurse or a medical technical assistant. An inmate's request to be visited by other staff will be promptly referred to the staff member. A timely response should be given to such requests whenever reasonably possible.
(d) Supervisor's Responsibilities. The supervisor in charge of a disciplinary detention unit is responsible for the physical security of the unit, the control of contraband within the unit, and for safe, sanitary and decent working and living conditions within the unit. When any condition within the unit or the behavior, conduct or appearance of any inmate confined therein appears to warrant the attention of specific or specialized staff, the matter will be promptly brought to the attention of appropriate staff.
(e) Suicide Risks. Inmates undergoing disciplinary detention who are diagnosed by qualified medical staff as a suicide risk will be moved to a hospital setting, and medical staff will assume responsibility for such placement and for observation and supervision of the inmate. Such movement and supervision will be in cooperation and coordination with custody staff.
(f) Management Cases. An inmate who persists in unduly disruptive, destructive or dangerous behavior and who will not heed or respond to orders and warnings to desist from such activity, may be placed in a management cell on an order of the unit's administrator or, in his or her absence, an order of the watch commander. In addition to any necessary incident or disciplinary reports, the matter will be reported to the warden, superintendent, chief disciplinary officer or administrative officer of the day, one of whom will review management cell resident status daily. An inmate who requires management cell placement for longer than 24 hours will be considered for transfer to a psychiatric management unit or other housing appropriate to the inmate's disturbed state.
(g) Disciplinary Detention Records.
(1) A Disciplinary Detention Log, CDC Form 114, will be maintained in each designated disciplinary detention unit. Specific information required in this log will be kept current on a daily and shift or watch basis. A completed log book will be retained in the unit for as long as any inmate recorded on the last page of that log remains in the unit. Storage and purging of log books will be in accordance with department schedules. One disciplinary detention/segregation log may serve a disciplinary detention unit and other special purpose segregation units which are combined and are administered and supervised by the same staff members.
(2) A separate record will be maintained on each inmate undergoing disciplinary detention. This record will be compiled on CDC Form 114-A, Detention/Segregation Record. In addition to the identifying information required on the form, all significant information relating to the inmate during the course of detention, from reception to release, will be entered on the form in chronological order.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
§3333. Confinement to Quarters.
Note • History
(a) Confinement to quarters may be ordered as a continuous period of confinement or as intermittent confinement on holidays, weekends or days off from assigned work and classified program activities. When ordered as intermittent confinement, confinement may not exceed 10 ten days during a 35 day period.
(b) Confinement to quarters may extend from the first full day of confinement to the beginning of the day following the last full day of confinement. Such partial days will not reduce the total number of full days of ordered confinement.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
Article 6.5. Behavior Management Unit
§3334. Behavior Management Unit.
Note • History
(a) An inmate may not be assigned to a Behavior Management Unit (BMU), as defined in section 3000, except on the order of a Classification Committee.
(b) Inmates may be referred to a Classification Committee for placement into the BMU for one or more of the following reasons:
(1) Program Failure. The inmate is deemed a Program failure as defined by section 3000.
(2) Security Housing Unit (SHU) Offense as defined in section 3341.5(c)(9).
(A) If an inmate has been found guilty of an offense for which a determinate term of confinement has been assessed, whether imposed or suspended, and whose in-custody behavior reflects a propensity towards disruptive behavior, the inmate may be referred to a classification committee for placement in the BMU.
(B) Inmates currently serving a determinate SHU term whose in-custody behavior reflects a propensity towards disruptive behavior, which otherwise would not be eligible for additional SHU term assessment, shall be considered by the Institutional Classification Committee (ICC) for placement in a BMU upon completion or suspension of the SHU term.
(C) Inmates that have reached the Minimum Eligible Release Date (MERD) and have demonstrated an unwillingness to program in the general population may be reviewed by the Classification Committee for BMU placement consideration.
(3) Gang Related Activity
(A) Any pattern, which consists of two or more documented behaviors which indicates an individual's participation in gang related activity may be grounds for placement in the BMU. Gang related activity is defined as behavior which indicates an inmate's participation in a gang, prison gang, street gang or disruptive group as defined in section 3000.
(c) Inmates who meet the criteria for placement in the BMU program per section 3334(b) shall be reviewed by a Classification Committee after initial placement in the BMU program as outlined in section 3334(c)(3) below. The Classification Committee shall review, determine and assess the appropriate step, and if applicable approve a step change as outlined in section 3334(e) for each BMU inmate as recommended by BMU staff not less than every 30 days.
(1) Initial placement into the BMU shall be for a minimum of 90 days beginning on the date of reception into the BMU.
(2) Subsequent BMU placements shall be for a minimum of 180 days beginning on the date of reception into the BMU. Inmates who require subsequent placement will be monitored by BMU staff to ensure program compliance. If an inmate refuses to participate as required, the Classification Committee will review for possible program rejection.
(3) The Classification Committee will complete an initial assessment and develop an Individualized Training Plan (ITP) within 14 days of placement into BMU. The ITP will be based on each inmate's reason(s) for placement as outlined in section 3334(b).
(4) Inmates shall be expected to meet the requirements established by the Classification Committee as outlined in the ITP.
(5) Inmates must remain disciplinary free and complete the ITP as directed by the Classification Committee before being released from the BMU. The ITP may include, but is not limited to, participation in departmentally approved cognitive behavior programs, and/or participation in self help groups.
(6) The Classification Committee shall be responsible for providing the inmate with notification of the rules and intent of the BMU program. The CDC 128-G, Classification Chrono (Rev. 10/89), shall clearly state that the inmate was informed of the reason for placement, the length of placement, and any additional action the inmate must take to successfully complete the BMU program.
(d) In each case of BMU placement, release from the BMU is based upon completion of the ITP established by the Classification Committee.
(1) The Classification Committee will determine if the inmate has successfully completed their ITP requirements or failed to meet their requirements. Inmates who have met their ITP requirements shall be eligible to advance to the next step of the BMU program. Inmates who have not met their ITP requirements shall be reviewed for appropriate step placement.
(e) BMU Step Process: Work Group/Privilege Group designations
(1) All inmates placed into the BMU will be designated a Work Group (WG), consistent with section 3044, and as determined by the Classification Committee effective the date of placement. Regardless of the WG, the designated Privilege Group (PG), consistent with section 3044, for Step 1 and Step 2 shall be C. The designated PG for Step 3 shall be B. All Work/Program assignments for BMU inmates shall be restricted to and located in the BMU.
(A) Step 1: Initial Placement -- WG A1, A2, B or C and PG C. If the inmate meets the goals of the ITP, he will advance to Step 2.
(B) Step 2: WG A1, A2, B, or C and PG C. If the inmate meets the goals of the ITP, he will advance to Step 3.
(C) Step 3: WG A1, A2, B and PG B. If the inmate meets the goals of the ITP, he will advance to Step 4.
(D) Step 4: Upon completion of the ITP, inmates will be returned to traditional general population housing.
(f) Failure to progress in the stepped process shall be grounds for rejection from the BMU program and a review by the Classification Committee for placement on WG C PG C status. Inmates who have been rejected from the program shall not be placed in any other general population work or program assignment until they have successfully completed their ITP in the BMU. Inmates who have been rejected from the BMU program must submit a written request to their Correctional Counselor I for readmission to the program and shall be reviewed by the Classification Committee.
(g) Authorized BMU Property
(1) Inmates shall possess only the listed items of personal property while assigned to the BMU:
(A) Ring (Wedding band, yellow or white metal only. Not to exceed $100 maximum declared value, and may not contain a set or stone), one.
(B) Religious Medal and Chain (not to exceed $100 maximum declared value, chain not to exceed 18” in length, obtainable as a set only. Chains may not be purchased separately from medal), one.
(C) Religious Items (as approved by the local religious review committees, e.g., kufi caps, yarmulkes, prayer rugs, etc.).
(D) Books, Magazines, and Newspapers (paperback or hardback with cover removed only. Limit does not apply to legal materials), ten.
(E) Prescription eyeglasses, clear lens only, one (as prescribed by a physician) pair.
(F) Tennis Shoes (no shades of red or blue, low, mid, or high tops are permitted. Must be predominantly white in color. Shoe laces white only. Not to exceed $75.00. No hidden compartments, zippers, or laces that are covered or concealed. No metal components including eyelets), one pair.
(G) Shower shoes (foam or soft rubber, single layer construction, not exceeding 1” in thickness), one pair.
(H) Briefs (white only), ten pairs.
(I) Gloves (cold weather gloves upon approval of Warden, no zippers, pockets, or metal), one pair.
(J) Watch Cap (no black, cold weather watch caps upon approval of Warden), one.
(K) Rain Coat/Poncho (transparent only), one.
(L) Socks (white only, any combination of short to knee-high), seven pairs.
(M) Under Shirts (white only, any combination of crew neck, v-neck, long sleeve or sleeveless athletic tank-top. Turtle neck and mock turtle neck are not permitted), five pairs.
(N) Dental Adhesive (for approved denture wearers only), two.
(0) Dental Flossers/Gliders (no more than 3” in length, amount allowed in possession to be determined by local institutional procedure).
(P) Dental Cleanser, one box.
(Q) Deodorant/Antiperspirant (stick or roll-on, must be clear and in clear container only), four.
(R) Medications, Over-The-Counter (OTC) (only those OTC medications permitted by the Division of Correctional Health Care Services shall be stocked by institution canteens, OTC medications are not approved for inmate packages).
(S) Mouthwash (non-alcoholic only), one.
(T) Palm Brush/Comb (no handle, plastic only), one.
(U) Razor, Disposable (not permitted in Level IV 180 design housing), five.
(V) Shampoo, one.
(W) Shaving Cream (non-aerosol), one.
(X) Soap, Bar, six.
(Y) Soap Dish (non-metal), one.
(Z) Toothbrush (subject to local determination of maximum length, local facility is required to shorten if necessary, to meet local requirements), one.
(AA) Toothbrush Holder (plastic only, may only cover head of toothbrush), one.
(AB) Toothpaste/Powder (toothpaste must be clear and in clear container), one.
(AC) Washcloths (white only), two.
(AD) Address Book (paperback only, 3” x 5” maximum), one.
(AE) Ballpoint Pens (non-metal, clear plastic only), one.
(AF) Bowl (construction material to be approved by Division of Adult Institution (DAI), maximum of 8” in diameter), one.
(AG) Can Opener (restricted from Level IV housing), one.
(AH) Legal Pads/Tablets and Notebooks (no spiral bound), one.
(AI) Envelopes, Blank and/or Pre-Stamped, forty.
(AJ) Envelopes, Metered (indigent inmates only), five.
(AK) Legal material, as authorized per section 3161.
(AL) Photos/Portraits (maximum of 8” x 10”), fifteen.
(AM) Reading Glasses-Non Prescription (magnifying glasses), one pair.
(AN) Stamps (U.S. Postal only), forty.
(AO) Stationary (for written correspondence, may be decorated and have matching envelopes), fifteen sheets.
(AP) Tumbler (construction material to be approved by DAI, 16 ounce or less), one.
(AQ) Health Care Appliance (Dr. Rx. Only. Not subject to the six-cubic foot limit).
(AR) Canteen items, not to exceed one month's draw of assigned privilege group.
(2) Inmates in the BMU shall possess personal property as authorized in section 3190(c) and 3334(g)(1).
(3) Inmates assigned to the BMU upon the initial placement will have their personal property, not identified as authorized BMU property outlined in 3334(g)(1) and 3334(g)(2) stored, provided:
(A) Initial BMU placement is for no more than 90 days.
(B) Inmate participates in the BMU program and progresses to the next step at each 30 day review as outlined in section 3334(e).
(C) Inmate does not receive any property related disciplinary violations while in the BMU program.
(4) Should the inmate fail to comply with the provisions above, all unallowed personal property not identified as authorized BMU property outlined in 3334(g)(1) and 3334(g)(2) shall be disposed of as provided in section 3191(c).
(5) Inmates assigned to the BMU upon the second or subsequent placements shall have all personal property, not outlined in 3334(g)(1) and 3334(g)(2), disposed of as provided in section 3191(c).
(h) Canteen. BMU inmates will be allowed only one (1) draw per month. Canteen privileges shall be established by the Classification Committee as follows:
Step 1 -- One fourth the maximum monthly canteen draw as authorized in section 3044(f).
Step 2 -- One fourth the maximum monthly canteen draw as authorized in section 3044(f).
Step 3 -- One half the maximum monthly canteen draw as authorized in section 3044(e).
(i) Vendor packages are authorized for receipt by inmates housed within the BMU in accordance with their privilege group status as provided in section 3044(c).
(j) Mental Health Services. BMU inmates will be seen by the Mental Health Department in accordance with normal GP treatment expectations as outlined within the Mental Health Services Delivery System (MHSDS). A Mental Health clinician shall attend the Classification Committee for all initial reviews in order to assess the appropriateness of BMU placement for an inmate included in the MHSDS. Inmate's currently at the Enhanced Out Patient (EOP) level of care are not eligible for BMU placement.
(k) Visits. BMU inmates are permitted visits with their approved visitors. All visits for inmates at Step 1 and 2 will be non-contact, this includes attorney visits. Inmates at Step 3 will be afforded contact visits.
NOTE
Authority cited: Section 5058 and 5058.3, Penal Code. Reference: Sections 5054, Penal Code.
HISTORY
1. New article 6.5 (section 3334) and section filed 7-8-2008 as an emergency; operative 7-8-2008 (Register 2008, No. 28). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 12-15-2008 or emergency language will be repealed by operation of law on the following day.
2. New article 6.5 (section 3334) and section refiled 12-15-2008 as an emergency; operative 12-15-2008 (Register 2008, No. 51). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 3-16-2009 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-15-2008 order, including amendment of section, transmitted to OAL 2-23-2009 and filed 4-2-2009 (Register 2009, No. 14).
Article 7. Segregation Housing
§3335. Administrative Segregation.
Note • History
(a) When an inmate's presence in an institution's general inmate population presents an immediate threat to the safety of the inmate or others, endangers institution security or jeopardizes the integrity of an investigation of an alleged serious misconduct or criminal activity, the inmate shall be immediately removed from general population and be placed in administrative segregation. Administrative segregation may be accomplished by confinement in a designated segregation unit or, in an emergency, to any single cell unit capable of providing secure segregation.
(b) Temporary Segregation. Pending a classification committee determination of the inmate's housing assignment, which may include assignment to one of the segregation program units specified in section 3341.5 of these regulations or to the general inmate population, an inmate may be placed in a designated temporary housing unit under provisions of sections 3336-3341 of these regulations.
(c) An inmate's placement in segregation shall be reviewed by the Institutional Classification Committee (ICC) within 10 days of receipt in the unit and under provisions of section 3338(a) of these regulations. Action shall be taken to retain the inmate in segregation or release to general population.
(d) When, pursuant to this section, an ICC retains an inmate on segregation status, the case shall be referred to a Classification Staff Representative (CSR) for review and approval. Unless otherwise directed by the CSR, subsequent ICC reviews shall proceed in accordance with the following timelines until the inmate is removed from segregation status:
(1) At intervals of not more than 90 days until pending Division C, D, E, or F rules violation report is adjudicated. Upon resolution of such matters, an ICC shall review the inmate's case within 14 calendar days. At that time, if no further matters are pending, but continued segregation retention is required pending transfer to a general population, ICC reviews shall be within at least every 90 days until the transfer can be accomplished.
(2) At intervals of not more than 180 days until a pending Division A-1, A-2, or B rules violation report is adjudicated, a court proceeding resulting from a referral to the district attorney for possible prosecution is resolved, or the gang validation investigation process is complete. Upon resolution of such matters, an ICC shall review the inmate's case within 14 calendar days.
(3) At intervals of not more than 90 days until completion of the pending investigation of serious misconduct or criminal activity, excluding gang validation, or pending resolution of safety and security issues, or investigation of non-disciplinary reasons for segregation placement. Should the completed investigation result in the issuance of a Rules Violation Report and/or a referral to the district attorney for criminal prosecution, an ICC shall review the case in accordance with the schedule set forth in subsections (1), (2), or (3) above. Upon resolution of such matters, an ICC shall review the inmate's case within 14 calendar days. At that time, if no further matters are pending, but continued segregation placement is required pending transfer to a general population, ICC reviews shall be at least every 90 days until transfer can be accomplished.
(e) Inmate retention in administrative segregation beyond the initial segregation ICC hearing shall be referred for CSR review and approval within 30 days and then thereafter in accordance with subsection (d) above. In initiating such reviews an ICC shall recommend one of the following possible outcomes:
(1) Transfer to another institution in accordance with section 3379.
(2) Transfer to a Segregated Program Housing Unit in accordance with section 3341.5.
(3) Retention in segregation pending completion of an active investigation into an alleged violation of the rules/disciplinary process, an investigation of other matters, or resolution of criminal prosecution. In such instances an ICC shall offer a reasonable projection of the time remaining for the resolution of such matters.
(f) Subsequent to CSR approval of an extension of segregation retention, an ICC will schedule the case for future CSR review in a time frame consistent with the projection(s) made in accordance with subsection (d) above.
(g) Inmates in segregation who have approved Security Housing Unit (SHU) term status, but are still awaiting other processes (i.e., court proceedings, adjudication of other rule violation reports, gang validation, etc.), shall be reviewed by an ICC in accordance with the SHU classification process noted in subsection 3341.5(c)(9).
(h) The need for a change in housing or yard status of any inmate segregated under the provisions of this article shall be reviewed at the next convened ICC hearing.
(i) All classification committee actions shall be documented, including a specific record of the inmate's participation, an explanation of the reason(s), and the information and evidence relied upon for the action taken. The inmate shall be provided copies of the completed forms relied upon in making the decisions affecting the inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Wright v. Enomoto, (1976) 462 F Supp 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F2d 1080, cert. denied, 481 U.S. 1069.
HISTORY
1. Repealer of Article 7 (Sections 3340-3357) and new Article 7 (Sections 3335-3345) filed 4-18-80; effective thirtieth day thereafter (Register 80 No. 16). For prior history see Registers 76, No. 31; 77, No. 9; 78, No. 25; and 79, No. 34.
2. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
3. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
8. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Amendment of article heading and subsection (c), repealer of subsections (c)(1)-(c)(1)(B), new subsections (d)-(i) and amendment of Note filed 6-15-2005 as an emergency pursuant to Penal Code section 5058.3; operative 6-15-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-22-2005 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (d)(3) and History 9 (Register 2005, No. 50).
11. Certificate of Compliance as to 6-15-2005 order transmitted to OAL 10-31-2005 and filed 12-15-2005 (Register 2005, No. 50).
12. Change without regulatory effect amending subsection (d)(3) filed 5-4-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 19).
13. Change without regulatory effect amending subsection (g) filed 5-11-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 19).
Note • History
Authority to order an inmate to be placed in administrative segregation, before such action is considered and ordered by a classification hearing, may not be delegated below the staff level of correctional lieutenant except when a lower level staff member is the highest ranking official on duty.
(a) The reason for ordering an inmate's placement in administrative segregation will be clearly documented on a CDC Form 114-D (Order and Hearing on Segregated Housing) by the official ordering the action at the time the action is taken.
(b) In addition to explaining the reason and need for an inmate's placement in administrative segregation, the official ordering the action will determine if a staff member needs to be assigned to assist the inmate in presenting the inmate's position at a classification hearing on the need for retention in segregated housing. Staff assistance will be assigned and the assignment will be noted on the CDC Form 114-D if the inmate is illiterate or if the complexities of the issues make it unlikely that the inmate can collect and present evidence necessary for an adequate comprehension of the inmate's position at a classification hearing. If an inmate is not illiterate and the issues are not complex, staff assistance will not be assigned. The reason for not assigning staff assistance will be entered on the CDC Form 114-D.
(c) In assigning staff assistance, the official initiating the CDC Form 114-D will designate the inmate's caseworker by name, as the staff member to assist the inmate. If the assigned caseworker's name is not known or cannot be readily determined by the official initiating the CDC Form 114-D, the words “assigned caseworker” will be entered on the form.
(d) A copy of the CDC Form 114-D, with the “order” portion of the form completed, will if practical, be given to the inmate prior to placement in administrative segregation but not later than 48 hours after such placement. Copies of the CDC Form 114-D with the “order” portion completed will also be submitted to the warden or superintendent or designated staff for review and possible further action as described in section 3337. A copy of the CDC Form 114-D will also be routed to the records office as a notice of the inmate's current status and pending actions.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, penal Code.
HISTORY
1. Change without regulatory effect amending first paragraph filed 3-22-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 12).
§3337. Review of Segregation Order.
Note
On the first work day following an inmate's placement in administrative segregation, designated staff at not less than the level of correctional captain will review the order portion of the CDC Form 114-D. If retention in administrative segregation is approved at this review, the following determinations will be made at this level:
(a) Determine the appropriate assignment of staff assistance, if such assistance was deemed necessary by the official initiating the CDC Form 114-D. If the inmate's caseworker is not an appropriate assignment because of the caseworker's schedule, an alternate staff assistance assignment will be made. The inmate will be notified in writing of any change in the assignment of staff assistance. An inmate may decline to accept the assignment of his or her caseworker or the first person assigned. In such cases a different staff member will be assigned to assist the inmate.
(b) Determine the inmate's desire to call witnesses or submit other documentary evidence. If the inmate requests the presence of witnesses or submission of documentary evidence at a classification hearing on the reason or need for retention in segregated housing, an investigative employee will be assigned to the case. A request to call witnesses and the names of witnesses must be submitted in writing by the inmate.
(c) Determine if the inmate has waived the 72-hour time limit in which a classification hearing cannot be held, as indicated on the CDC Form 114-D, or if the inmate desires additional time to prepare for a classification hearing. A request and the reason for needing additional time to prepare for a hearing must be submitted in writing by the inmate. In the absence of an inmate's waiver of the 72-hour preparation period or an approved request for additional preparation time, a classification hearing cannot be held earlier than 72 hours after the inmate's placement in segregated housing, but will be held as soon thereafter as it is practical to do so.
(d) Determine the most appropriate date and time for a classification hearing based upon the determination arrived at under (a)(b) and (c) and the time limitations prescribed in section 3338.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
§3338. Hearing on Segregated Housing Order.
Note • History
(a) A classification hearing for consideration and determination of the need to retain an inmate in segregated housing, for the reasons set forth in a segregation order, CDC Form 114-D, will be held as soon as it is practical and possible to do so, but in no case longer than 10 days from the date the inmate was initially placed in segregated housing, except for the following reasons:
(1) The segregation order, CDC Form 114-D, has been withdrawn and the inmate has been returned to general population status pursuant to Section 3339.
(2) The inmate has been afforded the procedural safeguards of a disciplinary hearing for a serious rule violation and the case has been referred to a classification committee for review, as provided in Section 3315(g). In such cases the classification committee may rely upon the findings of the disciplinary hearing in determining the inmate's need for segregated housing and in ordering such placement. A separate order and hearing on segregated housing is not required in such cases.
(3) The inmate is retained in segregated housing for any Administrative reasons or purposes after acquittal or dismissal of disciplinary charges for which the inmate was segregated pending a disciplinary hearing. In such cases, a segregated housing order shall be initiated and a hearing shall be held on the order within the time limits and under the procedural safeguards set forth in Section 3339(b).
(4) A continuing state of emergency exists within the institution, as described in Section 3383. Under such circumstances the hearing will be held as soon as it is safe and practical to do so.
(b) The hearing on an administrative segregation order, CDC Form 114-D, may be conducted by a single classification hearing officer (facility captain, correctional captain, correctional counselor III, or experienced correctional lieutenant, or correctional counselor II.) This does not preclude the use of classification committees or subcommittees of classification for such hearings if such committee hearings can be scheduled and conducted within the time constraints required for such hearings. This option is left to the discretion of each warden and superintendent.
(c) The inmate will be present at the initial hearing on an administrative segregation order except under the applicable conditions as described in section 3320 (g) of the director's rules relating to disciplinary hearings. If the hearing is held without the inmate present, the reason will be documented on the segregation order form. Any staff member assigned to assist the inmate will also be present at the hearing.
(d) The primary purpose of the initial hearing on an administrative segregation order, CDC Form 114-D, is to determine the need for continued retention in administrative segregation pending criminal prosecution, disciplinary proceedings, the resolution of nondisciplinary issues or considerations, and reclassification by the institution's main classification committee for assignment to a specialized security housing unit, or an action on the main classification committee's recommendation for transfer to an institution with appropriate specialized security housing units.
(e) When the reason for an inmate's initial placement in administrative segregation is a disciplinary matter and likely to result in a formal report of violation of institution rules on a CDC Form 115, or a referral to the district attorney for possible criminal prosecution, the hearing will assume the alleged misconduct or criminal activities to be factual as reported in the segregation order. The hearing will not consider evidence or information relating to the guilt or innocence of the inmate. The only determination to be made is whether the inmate needs to be retained in administrative segregation for the reasons given in subsection 3335 (a) and in the segregation order, CDC Form 114-D, pending resolution or disposition of disciplinary issues. If the hearing decision is to retain the inmate in administrative segregation, the case will be referred to the next scheduled meeting of the institution's main classification committee for review. The main classification committee may review the case in absentia and continue the inmate in administrative segregation pending resolution of the disciplinary issues, or schedule the inmate for a personal appearance to consider placement in a specialized security unit based upon other nondisciplinary reasons necessitating such placement.
(f) When the reason for an inmate's placement in administrative segregation is for nondisciplinary reasons, the hearing will consider all available evidence or information relating to the validity of the reasons given for such placement as well as the need to retain the inmate in administrative segregation pending resolution of the situation or circumstances set forth in the administrative segregation order.
(g) All cases of nondisciplinary administratively segregated inmates referred to the institution's main classification committee in place of an initial hearing on a segregation order or for a review of an initial hearing decision, will require the inmate's personal appearance except under the applicable conditions for absentia hearings as described in section 3320 (g) of the director's rules.
(h) Based upon the finding of the investigative employee, the initial hearing or the main classification committee will permit the inmate to present witnesses and documentary evidence at the hearing unless the initial hearing officer or the chairperson of the committee determines in good faith that permitting such evidence will be unduly hazardous to the institution safety or correctional goals. The reason for disallowing witnesses or evidence will be documented in the “hearing” portion of the segregation order, CDC Form 114-D, and in the classification committee's report (CDC Form 128-G) depending upon the hearing at which the presentation of such evidence or witnesses would have otherwise been presented.
(i) The determinations arrived at in the classification hearing will be documented in the hearing portion of the segregation order, CDC Form 114-D, and in the classification committee report, CDC Form 128-G, depending upon the hearing at which the need for segregated housing is resolved. Such documentation will include an explanation of the reason and the information and evidence relied upon for the action taken. A copy of the completed CDC Form 114-D and any CDC Form 128-G resulting from hearings will be routed to the inmate's central file. The inmate will also be given copies of all completed forms and of all other documents relied upon in the hearing except those containing confidential information.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Wright v. Enomoto, 462 F Supp 397 (1976).
HISTORY
1. Amendment of subsections (a)(2) and (a) (3) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
2. Change without regulatory effect amending subsections (c) and (g) filed 5-7-96; operative 6-6-96 (Register 96, No. 19).
3. Change without regulatory effect amending subsection (b) filed 7-30-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 31).
4. Change without regulatory effect amending subsection (b) filed 8-6-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 32).
§3339. Release from Administrative Segregation and Retention in Administrative Segregation.
Note • History
(a) Release: Release from segregation status shall occur at the earliest possible time in keeping with the circumstances and reasons for the inmate's initial placement in administrative segregation. Nothing in this article shall prevent the official ordering an inmate's placement in administrative segregation, or a staff member of higher rank in the same chain of command, from withdrawing an administrative segregation order before it is acted upon or prior to a hearing on the order after consulting with and obtaining the concurrence of the administrator of the general population unit to which the inmate will be returned or assigned. Release from segregated housing after such placement shall be effected only upon the written order of an equal or higher authority.
(b) Retention: Subsections (b)(1)-(b)(5) set forth procedural safeguards. These procedural safeguards apply to inmates retained for administrative reasons after the expiration of a definite term or terms of confinement for disciplinary reasons. Definite terms of confinement shall be set or reduced by classification or administrative action.
(1) A segregated housing order, CDC Form 114-D, shall be initiated, giving written notice of the reasons for such retention in sufficient detail to enable the inmate to prepare a response or defense. Except in case of a genuine emergency, a copy of the order shall be given to the inmate prior to the expiration of the determinate term or terms of confinement. In no case shall notice be given later than 48 hours after the expiration of the determinate term or terms.
(2) A fair hearing before one or more classification officials shall be held not more than 96 hours after the inmate is given a copy of the segregated housing order, unless the inmate requests, in writing, and is granted additional time to prepare a defense.
(3) Representation by a staff assistant shall be provided if institution officials determine that the inmate is illiterate or that the complexity of the issues make it unlikely that the inmate can collect or present the evidence necessary for an adequate comprehension of the case. The determination and designation is to be made at the time the segregated housing order is prepared and shall be included on the copy of the order given the inmate.
(4) The inmate shall be given a reasonable opportunity to present witnesses and documentary evidence unless institution officials determine in good faith that presentation of the evidence would be unduly hazardous to institutional safety or correctional goals. The reason for disallowing designated evidence will be explained in writing by the hearing body on the segregated housing order.
(5) A copy of the completed segregated housing order containing a written decision, including references to the evidence relied upon and the reasons for retention in segregated housing beyond the expiration of the expired term of confinement, if so retained, shall be given the inmate upon completion of the hearing.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
HISTORY
1. Repealer and new section filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12).
. 2 Editorial correction of printing error in subsection (b)(2) (Register 92, No. 5).
Note
Separation from general population for the reasons and under the circumstances described in this section is not considered administrative segregation and is specifically excluded from the other provisions of this article.
(a) Medical. When an inmate is involuntarily removed from general inmate status for medical or psychiatric reasons by order of medical staff and the inmate's placement is in a hospital setting or in other housing as a medical quarantine, the inmate will not be deemed as segregated for the purpose of this article. When personnel other than medical staff order an inmate placed in administrative segregation for reasons related to apparent medical or psychiatric problems, that information will be immediately brought to the attention of medical staff. The appropriateness of administrative segregation or the need for movement to a hospital setting will be determined by medical staff. When medical and psychiatric reasons are involved, but are not the primary reasons for an inmate's placement in administrative segregation, administrative segregation status will be continued if the inmate is moved to a hospital setting and the requirements of this article will apply.
(b) Orientation and Lay-Over. Newly received inmates and inmates in transit or lay-over status may be restricted to assigned quarters for that purpose. Such restrictions should not be more confining than is required for institution security and the safety of persons, nor for a period longer than the minimum time required to evaluate the safety and security factors and reassignment to more appropriate housing.
(c) Disciplinary Detention. Placement in disciplinary detention as an ordered action of a disciplinary hearing is not subject to the provisions of this article except as provided in section 3338 (a)(2) and (3).
(d) Confinement to Quarters. Confinement to quarters as an ordered action of a disciplinary hearing is not subject to the provisions of this article.
(e) Segregated Inmates. When an inmate has been classified for segregated housing in accordance with this article and commits a disciplinary offense while so confined, or is returned to segregated housing upon completion of a disciplinary detention sentence for an offense committed in a segregated unit, the provision of this article will not apply.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note • History
The duties and functions of a staff member assigned to assist an inmate in a classification hearing on a segregated housing order will be the same as described in section 3318 for a disciplinary hearing. When an inmate requests witnesses at a classification hearing on a segregation order and an investigative employee is assigned, the investigative employee's duties and functions will be essentially the same as described in section 3318 for predisciplinary hearing investigations. In screening prospective witnesses, the investigative employee will do so in accordance with the information to be considered in the classification hearing, as described in section 3338 (e) and (f).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Editorial correction removing extraneous text (Register 97, No. 5).
2. Change without regulatory effect amending section filed 1-29-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 5).
§3341.5. Segregated Program Housing Units.
Note • History
Special housing units are designated for extended term programming of inmates not suited for general population. Placement into and release from these units requires approval by a classification staff representative (CSR).
(a) Protective Housing Unit (PHU). An inmate whose safety would be endangered by general population placement may be placed in the PHU providing the following criteria are met:
(1) The inmate does not require specialized housing for reasons other than protection.
(2) The inmate does not have a serious psychiatric or medical condition requiring prompt access to hospital care.
(3) The inmate is not documented as a member or an affiliate of a prison gang.
(4) The inmate does not pose a threat to the safety or security of other inmates in the PHU.
(5) The inmate has specific, verified enemies identified on CDC Form 812 likely to and capable of causing the inmate great bodily harm if placed in general population.
(6) The inmate has notoriety likely to result in great bodily harm to the inmate if placed in general population.
(7) There is no alternative placement which can ensure the inmate's safety and provide the degree of control required for the inmate.
(8) It has been verified that the inmate is in present danger of great bodily harm. The inmate's uncorroborated personal report, the nature of the commitment offense or a record of prior protective custody housing shall not be the sole basis for protective housing unit placement.
(b) Psychiatric Services Unit (PSU). A PSU provides secure housing and care for inmates with diagnosed psychiatric disorders not requiring inpatient hospital care, but who require placement in housing equivalent to Security Housing Unit (SHU), as described in subsection 3341.5(c), at the Enhanced Outpatient Program level of the mental health delivery system.
(c) Security Housing Unit (SHU). An inmate whose conduct endangers the safety of others or the security of the institution shall be housed in a SHU.
(1) Assignment criteria. The inmate has been found guilty of an offense for which a determinate term of confinement has been assessed or is deemed to be a threat to the safety of others or the security of the institution.
(2) Length of SHU Confinement. Assignment to a SHU may be for an indeterminate or for a fixed period of time.
(A) Indeterminate SHU Segregation.
1. An inmate assigned to a security housing unit on an indeterminate SHU term shall be reviewed by a classification committee at least every 180 days for consideration of release to the general inmate population. An investigative employee shall not be assigned at these periodic classification committee reviews.
2. Except as provided at section 3335(a), section 3378(d) and subsection (c)(5), a validated prison gang member or associate is deemed to be a severe threat to the safety of others or the security of the institution and will be placed in a SHU for an indeterminate term.
3. Indeterminate SHU terms suspended based solely on the need for inpatient medical or mental health treatment may be reimposed without subsequent misbehavior if the inmate continues to pose a threat to the safety of others or the security of the institution.
(B) Determinate SHU Segregation.
1. A determinate period of confinement in SHU may be established for an inmate found guilty of a serious offense listed in section 3315 of these regulations. The term shall be established by the Institutional Classification Committee (ICC) using the standards in this section, including the SHU Term Assessment Chart (see section 3341.5(c)(9)), Factors in Mitigation or Aggravation (see section 3341.5(c)(10)), SHU Term Assessment Worksheet CDC Form 629-A, Rev. 3/96, Assessment of Subsequent SHU Term Worksheet CDC Form 629-B, Rev. 9/90, and SHU Time Computation Table (see CDC Form 629-D, Rev. 7/88).
2. The term shall be set at the expected term for the offense in the absence of mitigating or aggravating factors. Deviation from the expected term shall be supported by findings pursuant to subsection (c)(7).
3. The terms shall be recorded on CDC Form 629-A, SHU Term Assessment Worksheet, using the SHU Time Computation Table which incorporates one-fourth clean conduct credit in the term. The computation shall establish a maximum release date and a minimum eligible release date (MERD). A copy of the CDC Form 629-A shall be given to the inmate.
4. Serious misconduct while in SHU may result in loss of clean conduct credits or an additional determinate term for an inmate serving a determinate term. Such additional term may be concurrent or consecutive and shall be recorded on CDC Form 629-B with a copy given to the inmate. Such cases shall be referred to a CSR for approval; however, all release and retention requirements of section 3339 shall remain in effect pending CSR approval.
5. Up to 45 days of a SHU inmate's clean conduct credits may be forfeited for disciplinary infractions that are not serious enough to warrant the assessment of a subsequent or concurrent SHU term. Such forfeiture may be assessed against credits already earned or future credits.
6. Consecutive SHU terms shall be assessed only for offenses occurring after commencement of a prior determinate SHU term.
7. The ICC may commute or suspend any portion of a determinate term. Once commuted, the term shall not be reimposed. If suspended, the period of suspension shall not exceed the length of the original term imposed. When either action occurs, the case shall be referred to a classification staff representative (CSR) with a placement recommendation.
8. A SHU Term may be reimposed if an inmate placed in the Administrative Segregation Unit (ASU) is found guilty of a serious rule violation and the ICC concludes the inmate poses a threat to the safety of others or the security of the institution.
9. Determinate SHU terms suspended based solely on the need for inpatient medical or mental health treatment may be reimposed without subsequent misbehavior if the inmate continues to pose a threat to the safety of others or the security of the institution.
10. The Unit Classification Committee shall conduct hearings on all determinate cases at least 30 days prior to their MERD or during the eleventh month from the date of placement, whichever comes first.
(C) Anytime a SHU term is reimposed, ICC shall record the basis of their decision in the CDC Form 128-G, Classification Chrono (Rev. 10/89), which is incorporated by reference, clearly articulating the inmate's continued threat to the safety of others or the security of the institution.
(3) Release from SHU. An inmate shall not be retained in SHU beyond the expiration of a determinate term or beyond 11 months, unless the classification committee has determined before such time that continuance in the SHU is required for one of the following reasons:
(A) The inmate has an unexpired MERD from SHU.
(B) Release of the inmate would severely endanger the lives of inmates or staff, the security of the institution, or the integrity of an investigation into suspected criminal activity or serious misconduct.
(C) The inmate has voluntarily requested continued retention in segregation.
(4) A validated prison gang member or associate shall be considered for release from a SHU, as provided above, after the inmate is verified as a gang dropout through a debriefing process.
(5) As provided at section 3378(e), the Departmental Review Board (DRB) may authorize SHU release for prison gang members or associates categorized as inactive. The term inactive means that the inmate has not been involved in gang activity for a minimum of six (6) years. Inmates categorized as inactive who are suitable for SHU release shall be transferred to the general population of a Level IV facility for a period of observation that shall be no greater than 12 months. Upon completion of the period of observation, the inmate shall be housed in a facility commensurate with his or her safety needs. In the absence of safety needs, the inmate shall be housed in a facility consistent with his or her classification score. The DRB is authorized to retain an inactive gang member or associate in a SHU based on the inmate's past or present level of influence in the gang, history of misconduct, history of criminal activity, or other factors indicating that the inmate poses a threat to other inmates or institutional security.
(6) As provided at section 3378(f), an inmate categorized as inactive or validated as a dropout of a prison gang and placed in the general population may be returned to segregation based upon one reliable source item identifying the inmate as a currently active gang member or associate of the prison gang with which the inmate was previously validated. Current activity is defined as, any documented gang activity within the past six (6) years. The procedures described in this Article shall be utilized for the removal of the inmate from the general population, the review of the initial segregation order, and all periodic reviews of the indeterminate SHU term.
(7) Determinate/Indeterminate SHU terms shall be served in a departmentally approved SHU or a facility specifically designated for that purpose, except under those circumstances where the term may be served in ASU. Determinate/Indeterminate SHU terms may also be served in secure inpatient medical or mental health settings, when deemed clinically necessary.
(8) When an inmate is paroled while serving a determinate term, the remaining time on the term is automatically suspended. When an inmate returns to prison, either as a parole violator or with a new prison commitment, ICC shall evaluate the case for reimposition of the suspended determinate term. If reimposed, the term shall not exceed the time remaining on the term at the time of parole.
(9) SHU Term Assessment Chart (fixing of determinate confinement to SHU).
TYPICAL TERM (Mos) OFFENSE Low Expected High
(A) Homicide:
1. Murder, attempted murder, solicitation of
murder, or voluntary manslaughter of a
non-inmate. (36 48 60)
2. Murder, attempted murder, solicitation of
murder, or voluntary manslaughter of an
inmate. (15 26 36)
(B) Violence Against Persons:
1. Assault on a non-inmate with a weapon
or physical force capable of causing mortal
or serious injury. (09 28 48)
2. Assault on an inmate with a weapon or physical
force capable of causing mortal or serious injury. (06 15 24)
3. Assault on a non-inmate with physical force
insufficient to cause serious injury. (06 12 18)
4. Assault on an inmate with physical force
insufficient to cause serious injury. (02 03 06)
5. Throwing a caustic substance on a non-inmate. (02 03 04)
(C) Threat to Kill or Assault Persons:
1. Use of non-inmate as hostage. (18 27 36)
2. Threat to a non-inmate. (02 05 09)
3. Threat to an inmate. (02 03 04)
(D) Possession of a Weapon:
1. Possession of a firearm or explosive device. (18 27 36)
2. Possession of a weapon, other than a firearm or
explosive device which has been manufactured
or modified so as to have the obvious intent or
capability of inflicting traumatic injury, and
which is under the immediate or identifiable
control of the inmate. (06 10 15)
(E) Trafficking in Drugs:
Distributing controlled substances in an institution
or camp or causing controlled substances to be
brought into an institution or camp for the purpose
of distribution. (06 09 12)
(F) Escape With Force or Attempted Escape with
Force. (09 16 24)
(G) Disturbance, Riot, or Strike:
1. Leading a disturbance, riot, or strike. (06 12 18)
2. Active participation in, or attempting to cause
conditions likely to threaten institution security. (02 04 06)
(H) Harassment of another person, group, or
entity either directly or indirectly through the
use of the mail or other means. (06 12 18)
(I) Arson, Theft, Destruction of Property:
Theft or destruction of State property where
the loss or potential loss exceeds $10,000 or
threatens the safety of others. (02 08 12)
(J) Extortion and Bribery: extortion or bribery of a
non-inmate. (02 06 09)
(K) Sexual Misconduct
1. Indecent Exposure (03 06 09)
2. Sexual Disorderly Conduct (two or more
offenses within a twelve month period) (03 06 09)
(L) Refusal to Accept Assigned Housing (03 06 09)
(M) Except as otherwise specified in this section,
proven attempts to commit any of the above listed
offenses shall receive one-half (1/2) of the term
specified for that offense.
(N) Any inmate who conspires to commit any of
the offenses above shall receive the term specified
for that offense.
(10) Factors in mitigation or aggravation of SHU term. The SHU term shall be set at the expected range unless a classification committee finds factors exist which warrant the imposition of a lesser or greater period of confinement. The total period of confinement assessed shall be no less than nor greater than the lowest or highest months listed for the offense in the SHU Term Assessment Chart. In setting the term, the committee shall determine the base offense. If the term being assessed includes multiple offenses, the offense which provides for the longest period of confinement shall be the base offense. Lesser offenses may be used to increase the period beyond expected term. After determining the base offense, the committee shall review the circumstances of the disciplinary offense and the inmate's institutional behavior history using the factors below. The committee shall then determine that either no unusual factors exist or find that specific aggravating or mitigating factors do exist and specify a greater or lesser term. The reasons for deviation from the expected term shall be documented on a CDC 128-G, Classification Chrono, and SHU Term Assessment Worksheet, a copy of which shall be provided to the inmate.
(A) Factors in Mitigation.
1. The inmate has a minor or no prior disciplinary history.
2. The inmate has not been involved in prior acts of the same or of a similar nature.
3. The misconduct was situational and spontaneous as opposed to planned in nature.
4. The inmate was influenced by others to commit the offense.
5. The misconduct resulted, in part, from the inmate's fear for safety.
(B) Factors in Aggravation.
1. The inmate's prior disciplinary record includes acts of misconduct of the same or similar nature.
2. The misconduct was planned and executed as opposed to situational or spontaneous.
3. The misconduct for which a SHU term is being assessed resulted in a finding of guilty for more than one offense.
4. The inmate influenced others to commit serious disciplinary infractions during the time of the offense.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 314, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Editorial correction of printing errors in subsection (c)(2)(B)1 and CDC Forms 629-B and 629-D (Register 92, No. 5).
8. New subsection (c)(6)(H), subsection relettering, and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93, or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).
10. Amendment of subsection (c)(2)(B)1. and 4., new subsection (c)(2)(B)5. and subsection renumbering, repealer of form CDC 629-A, and new form CDC 629-A filed 2-8-96 as an emergency per Penal Code section 5058(e); operative 2-8-96 (Register 96, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-18-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 2-8-96 order including amendment of form CDC 629-A transmitted to OAL 6-17-96 and filed 7-30-96 (Register 96, No. 31).
12. New subsection (c)(2)(A)1. designator, new subsections (c)(2)(A)2. and (c)(4) and subsection relettering filed 1-21-99 as an emergency; operative 1-21-99 (Register 99, No. 4). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-30-99 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-21-99 order transmitted to OAL 6-30-99 and filed 8-12-99 (Register 99, No. 33).
14. Amendment of subsections (c)(2)(A)1. and 2. and (c)(4), new subsections (c)(5) and (c)(6), subsection renumbering, amendment of newly designated subsection (c)(10) and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
16. Change without regulatory effect amending subsection (c)(2)(B)1. filed 10-16-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 42).
17. Amendment of subsection (c)(6) and Note filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
18. Change without regulatory effect amending subsection (b) filed 6-27-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
19. New subsections (c)(9)(K)-(c)(9)(K)2., subsection relettering and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-23-2007 order, including amendment of subsection (c)(9)(K)1.-2., transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
21. New subsection (c)(9)(L) and subsection relettering filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
22. Amendment of subsection (b) filed 9-29-2009; operative 10-29-2009 (Register 2009, No. 40).
23. New subsections (c)(2)(A)3. and (c)(2)(B)8.-9., subsection renumbering, new subsection (c)(2)(C) and amendment of subsection (c)(7) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
Note
(a) The case of every inmate assigned to a segregated housing unit will be continuously reviewed and evaluated by custodial and casework staff assigned to the unit. Staff will confer on each case no less frequently than once a week during the first two months of the inmate's segregated status. Such case reviews will not be necessary during any week in which the inmate's case is reviewed by a regular or special classification committee or by staff who are authorized to take classification actions. Any significant observations, determinations or recommendations, will be documented on the inmate's Detention/Segregation Record, CDC Form 114-A.
(b) Psychological Assessment. A psychological assessment of the inmate's mental health will be included in the case review and classification committee review of inmates assigned to segregated housing units. When any indication of psychiatric or psychological problems exists, the case will be referred to the institution's psychiatrist or psychologist for further evaluation and recommended classification committee actions, if any.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
§3343. Conditions of Segregated Housing.
Note • History
(a) Living Conditions. In keeping with the special purpose of a segregated housing unit, and with the degree of security, control and supervision required to serve that purpose, the physical facilities of special purpose segregated housing will approximate those of the general population.
(b) Restrictions. Whenever an inmate in administrative segregation is deprived of any usually authorized item or activity and the action and reason for that action is not otherwise documented and available for review by administrative and other concerned staff, a report of the action will be made and forwarded to the unit administrator as soon as possible.
(c) Clothing. No inmate in administrative segregation will be required to wear clothing that significantly differs from that worn by other inmates in the unit, except that temporary adjustments may be made in an inmate's clothing as is necessary for security reasons or to protect the inmate from self-inflicted harm. No inmate will be clothed in any manner intended to degrade the inmate.
(d) Meals. Inmates assigned to administrative segregation including special purpose segregated housing, will be fed the same meal and ration as is provided for inmates of the general population, except that a sandwich meal may be served for lunch. Deprivation of food will not be used as punishment.
(e) Mail. Inmates assigned to administrative segregation, including special purpose segregated housing, will not be restricted in their sending and receiving of personal mail, except that incoming packages may be limited in number, and in content to that property permitted in the segregated unit to which an inmate is assigned.
(f) Visits. Inmates assigned to segregated housing, except for inmates assigned to security housing units in accordance with Section 3341.5, shall be permitted to visit under the same conditions as are permitted inmates of the general population. Inmates assigned to security housing units shall be prohibited from physical contact with visitors.
(g) Personal Cleanliness. Inmates assigned to administrative segregation, including special purpose segregated housing, will be provided the means to keep themselves clean and well-groomed. Haircuts will be provided as needed. Showering and shaving will be permitted at least three times a week. Clothing, bedding, linen and other laundry items will be issued and exchanged no less often than is provided for general population inmates.
(h) Exercise. Inmates assigned to special purpose segregation housing will be permitted a minimum of one hour per day, five days a week, of exercise outside their rooms or cells unless security and safety considerations preclude such activity. When special purpose segregated housing units are equipped with their own recreation yard, the yard periods may substitute for other out of cell exercise periods, providing the opportunity for use of the yard is available at least three days per week for a total of not less than 10 hours a week.
(i) Reading Material. Inmates assigned to administrative segregation, including special purpose segregated housing, will be permitted to obtain and possess the same publications, books, magazines and newspapers as are inmates of the general population, except that the quantity may be limited for safety and security reasons. Library services will be provided and will represent a cross-section of material available to the general population.
(j) Telephones. Institutions will establish procedures for the making of outside telephone calls by inmates in administrative segregation. Such procedures will approximate those for the work/training incentive group to which the inmate is assigned, except that individual calls must be specifically approved by the supervisor in charge or the administrator of the unit before a call is made.
(k) Institution Programs and Services. Inmates assigned to segregated housing units will be permitted to participate and have access to such programs and services as can be reasonably provided within the unit without endangering security or the safety of persons. Such programs and services will include, but are not limited to: education, commissary, library services, social services, counseling, religious guidance and recreation.
(l) Visitation and Inspection. Inmates assigned to administrative segregation, including special purpose segregated units, will be seen daily by the custodial supervisor in charge of the unit and by a physician, registered nurse or medical technical assistant, and, by request, members of the program staff. A timely response should be given to such requests wherever reasonably possible.
(m) Management Disruptive Cases. Inmates assigned to segregated housing who persist in disruptive, destructive and dangerous behavior and who will not heed or respond to orders and warnings to desist, are subject to placement in a management cell, as provided in Section 3332 (f).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2601(d) and 5054, Penal Code.
HISTORY
1. Amendment of subsections (e), (f) and (j) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
2. Amendment of subsection (f) filed 8-15-89; operative 9-14-89 (Register 89, No. 33).
§3344. Administrative Segregation Records.
Note
(a) An Administrative Segregation Log, CDC Form 114, will be maintained in each administrative segregation unit, including special purpose segregated units. One Disciplinary Detention/Segregation Log may serve two or more special purpose units which are administered and supervised by the same staff members.
(b) A separate record will be maintained for each inmate assigned to administrative segregation, including special purpose segregated units. This record will be compiled on CDC Form 114-A, Detention/Segregation Record. In addition to the identifying information required on the form, all significant information relating to the inmate during the course of segregation, from reception to release, will be entered on the form in chronological order.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note
The custodial officer in charge of a disciplinary detention, segregation or security housing unit where inmates are segregated for disciplinary or administrative purposes, will insure that nothing is passed in or out of such units unless it has been thoroughly inspected; that no unauthorized visitors are permitted in such units; that all laundry, shoes, clothing, or other materials and supplies going to or from the units are carefully inspected; that inmates needing medical attention receive it promptly; that all locks and bars are inspected and maintained in secure and proper working order; that proper precautions are taken in removing inmates from their cells and in passing them from place to place. The general welfare of inmates in segregated housing units and in all facilities therein will be properly maintained and regularly inspected to insure human decency and sanitation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Article 7.5. Administration of Death Penalty
Note • History
(a) Inmates sentenced to death shall have the opportunity to choose to have the punishment imposed by lethal gas or lethal injection. Upon being served with the warrant of execution, the inmate shall be served with California Department of Corrections and Rehabilitation (CDCR) Form 1801-B (Rev. 06/10), Service of Execution Warrant, Warden's Initial Interview, which is incorporated by reference. The completed CDCR Form 1801-B shall be transmitted to the Warden.
(b) The inmate shall be notified of the opportunity for such choice and that, if the inmate does not choose either lethal gas or lethal injection within ten days after being served with the execution warrant, the penalty of death shall be imposed by lethal injection. The inmate's attestation to this service and notification shall be made in writing and witnessed utilizing the CDCR Form 1801 (Rev. 01/09), Notification of Execution Date and Choice of Execution Method, which is incorporated by reference. The completed CDCR Form 1801 shall be transmitted to the Warden.
(c) The inmate's choice shall be made in writing and witnessed utilizing the CDCR Form 1801-A (Rev. 01/09), Choice of Execution Method, which is incorporated by reference. The completed CDCR Form 1801-A shall be transmitted to the Warden.
(d) The inmate's choice shall be irrevocable, with the exception that, if the inmate sentenced to death is not executed on the date set for execution and a new execution date is subsequently set, the inmate again shall have the opportunity to choose to have the punishment imposed by lethal gas or lethal injection, according to the procedures set forth in subsections (a), (b), and (c) of this section.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3603, 3604 and 5054, Penal Code.
HISTORY
1. New article 7.5 and section filed 12-22-92 as an emergency; operative 1-1-93 (Register 93, No. 1). A Certificate of Compliance must be transmitted to OAL 4-22-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-22-92 order transmitted to OAL 4-9-93 and filed 4-29-93 (Register 93, No. 18).
3. Amendment of section and repealer and new form CDC 1801 filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
4. Amendment of article heading and section, repealer and incorporation by reference of new form CDC 1801 and amendment of Note filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
Note • History
For the purpose of Subchapter 4, Article 7.5, the following definitions shall apply:
(a) Adjustment Center means one of four housing units at San Quentin State Prison that houses condemned inmates who are placed under administrative segregation based on their custodial behavior, notoriety and/or protective needs.
(b) Alienists means the physicians who treat mental disorders and who specialize in related legal matters.
(c) Assistant Secretary means one of several executive positions within the Department of Corrections and Rehabilitation.
(d) Assistant Team Leader means the individual who is the second line supervisor of the Lethal Injection Team.
(e) Associate Warden-Specialized Housing Division is the designated Correctional Administrator of the East Block Adjustment Center, North Segregation and Administrative Segregation units at San Quentin who reports to the Warden.
(f) Case Records Manager means the individual responsible for all inmate files at San Quentin.
(g) Chaplain means an individual duly designated by a religious denomination to discharge specified religious duties, including a Native American Indian spiritual leader.
(h) Correctional Food Manager means the individual manager responsible for all food service within San Quentin State Prison.
(i) Crisis Response Team Commander means the individual who supervises and coordinates all security for San Quentin on the day of the execution.
(j) East Block means one of four housing units at San Quentin State Prison that houses condemned inmates.
(k) East Gate means the east entrance into San Quentin State Prison.
(l) Emergency Operations Center means the command post established within San Quentin State Prison by the Chief Deputy Warden.
(m) Facility Captain means the custodial manager assigned to the specialized housing division.
(n) Infusion Control Room means the space allocated to accommodate the Infusion Sub-Team, designated members of the Intravenous Sub-Team, the Security Sub-Team and the chemical mixing area.
(o) Infusion Sub-Team means the Lethal Injection Team Members who are responsible for receiving the chemicals, mixing the chemicals, drawing the chemicals into syringes, labeling and color coding the syringes and infusing the Lethal Injection Chemicals.
(p) Intravenous Sub-Team means the Lethal Injection Team Members who are responsible for placing electronic monitoring sensors, inserting the intravenous catheters, performing a consciousness check, monitoring the intravenous lines, and crimping and uncoupling the intravenous lines.
(q) Lethal Injection Chemicals means the three chemicals used to perform an execution, Sodium Thiopental, Pancuronium Bromide and Potassium Chloride.
(r) Lethal Injection Facility means the dedicated structure consisting of three witness viewing rooms, one holding cell, an Infusion Control Room, Security Sub-Team areas, restrooms and Lethal Injection Room.
(s) Lethal Injection Facility Holding Area means the cell and associated area where the inmate is held prior to an execution.
(t) Lethal Injection Room means the room where the inmate is executed.
(u) Lethal Injection Team means the individuals that comprise the four sub-teams described in this article.
(v) Main Control Room means the area where the key control is maintained at San Quentin.
(w) Master Execution File means the permanent record of all documents related to an execution that is maintained in the Warden's office complex.
(x) North Segregation means one of four housing units at San Quentin State Prison that houses condemned inmates.
(y) Official Witness means any member of the public selected by the Warden to be present at the execution.
(z) Personnel Assignment Officer means the Lieutenant who is in charge of assigning correctional staff to individual duty positions within San Quentin.
(aa) Public Information Officer means the San Quentin staff member responsible for responding to media inquiries.
(bb) Record Keeping Sub-Team means the Lethal Injection Team members who are responsible for documenting each element of the lethal injection process and for assembling all documents pertaining to the lethal injection process for inclusion in the Master Execution File.
(cc) Selection Panel means the Warden, the Associate Director-Reception Centers, the Team Administrator, and the Team Leader.
(dd) Security Sub-Team means the Lethal Injection Team members who are responsible for ensuring the security of the Lethal Injection Facility, providing direct constant supervision of the inmate in the final hours prior to an execution, and restraining and escorting the inmate to the execution room.
(ee) Security Team Area means a location in the Lethal Injection Facility consisting of an observation post near the holding cell, a search area, a preparation area and a staff restroom.
(ff) Special Visiting Team means custody staff who are available to facilitate visiting.
(gg) Spiritual Advisor means a person who, by profession or practice, provides spiritual advice, assistance, or guidance.
(hh) Team Administrator means the Associate Warden who is responsible for providing managerial oversight and supervision of the Lethal Injection Team's training, preparation and performance during an execution.
(ii) Team Leader means the Lethal Injection Team member who is responsible for providing direct supervision of the Lethal Injection Team during training, preparation, and the implementation of the lethal injection procedure.
(jj) Visiting Lieutenant means the officer assigned to oversee inmate visiting at the institution.
(kk) Warden means the Warden of San Quentin State Prison.
(ll) West Gate means the west entrance into San Quentin State Prison (main entrance).
(mm) Witness Areas means the three separate viewing rooms for the official witnesses, media and all other witnesses to an execution.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3601, 3602, 3603, 3605, 3607, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; and Baze v. Rees (2008) 553 U.S. 35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.1.2. Selection, Recruitment and Annual Review of Lethal Injection Team Members.
Note • History
(a) Recruitment and Selection Process.
(1) With the assistance of the Director, Division of Adult Institutions (DAI), the Warden shall coordinate the recruitment and selection of Lethal Injection Team members from employees of San Quentin. The Lethal Injection Team shall consist of a minimum of 20 members, including the Team Leader who shall serve at the pleasure of the Warden. The total number of Lethal Injection Team members shall be determined by the Warden. Names of the members of the Lethal Injection Team shall remain confidential.
(2) Any vacancy of the Team Leader position shall be filled prior to the recruitment and selection of any other vacant team positions. The Warden shall also select an Associate Warden to serve as the Team Administrator. The Team Administrator is not a member of the Lethal Injection Team, but the factors set forth in subsections (b)(2) and (3) and (e)(1)-(7) shall apply. The Warden shall coordinate the recruitment and selection of potential candidates. The Warden, with the DAI's assistance, shall hold interviews of prospective candidates.
(3) In the event the Warden is unable to recruit and select a sufficient number of qualified Lethal Injection Team members from employees at San Quentin, the Warden shall contact the Director, DAI to coordinate the identification of additional potential candidates for team membership from other CDCR locations or outside of CDCR. Source locations for prospective team members shall be selected as determined appropriate by the Director, DAI.
(4) The hiring authorities from locations designated by the Warden shall select prospective team members from personnel assigned to their respective areas of responsibility consistent with the selection process established in this article. The hiring authorities shall forward the names and classifications of prospective team members to the Director, DAI.
(A) A Selection Panel comprised of the Warden, Associate DirectorReception Centers, the Team Administrator, and the Team Leader (Selection Panel) shall review qualifications, interview prospective candidates, and select the Lethal Injection Team members. The Warden shall chair the Selection Panel and be responsible for the selection of Lethal Injection Team members consistent with the criteria established in this article. After the Selection Panel selects the lethal injection team members, the Team Leader shall assign each member to a sub-team.
(B) If necessary, the Warden may contract with medical personnel to be members of the Lethal Injection Team, or to serve as the physician attending the execution.
(b) Screening of Lethal Injection Team Candidates.
(1) The Selection Panel shall screen all candidates to ensure that each candidate meets the criteria established for either that of the Team Leader or for membership on one of the four designated sub-teams as set forth in (e) and (f) below.
(2) The Selection Panel screening process shall include:
(A) Review of all the available candidate's performance evaluations.
(B) Review of the candidate's personnel, supervisory, and training files.
(C) Review of the candidate's current Criminal Investigation and Information (CI&I) Report from the California Department of Justice.
(3) As part of the screening process, the Selection Panel shall interview each candidate to determine the following:
(A) Personal history and background.
(B) Professional experience, including, but not limited to, the following:
1. Professional experiences that would aid the candidate in performing this duty.
2. Professional characteristics which made this individual a candidate for membership on the team.
(c) The Selection Panel shall identify and maintain a list of pre-qualified employees that meet the criteria for membership on the Lethal Injection Team. The Director, DAI shall ensure that a minimum number of 10 qualified employees will be maintained. It is the responsibility of the Warden to notify the Director, DAI of the necessity to fill vacancies.
(d) When appointing a person to fill a vacant position from the list of screened candidates, the Selection Panel shall review the person's background, qualifications and work performance to determine whether that person meets the required criteria, as described in subsections 3349.1.2(e) and (f), even if that person has previously been screened by the Selection Panel.
(e) Criteria for Lethal Injection Team membership. Each team member shall be selected based on their qualifications and expertise to effectively carry out the duties in one of the specialized functions. The following criteria shall be utilized in the selection of all Lethal Injection Team members:
(1) Demonstrated professional job performance and demeanor.
(2) Good attendance record.
(3) No prior stress claims.
(4) No corrective action in the past three years.
(5) No sustained adverse action as reflected in the CDCR and State Personnel Board records and as substantiated by the candidate.
(6) The most recent annual permanent employee performance evaluation meets or exceeds expected standards.
(7) Must not be on probation in the candidate's current classification. This does not apply to promotions made subsequent to initial placement on the Lethal Injection Team.
(8) Must agree that if selected to be a member of the Lethal Injection Team, they can no longer work or be assigned to any condemned housing unit, either full or part-time. This includes any overtime.
(f) In addition to the general selection criteria as described above in subsection 3349.1.2(e), each member in a specific Lethal Injection Team category, as follows, shall meet the following criteria:
(1) The Team Leader must be a Correctional Lieutenant or Captain and have:
(A) Five years of supervisory experience.
(B) Proven ability to make sound decisions and effectively direct the actions of others.
(C) Demonstrated proficiency in the transportation of inmates and the application of restraints.
(D) Good physical condition.
(2) The Assistant Team Leader must be a Sergeant or Lieutenant and have:
(A) Three years of supervisory experience.
(B) Proven ability to make sound decisions and effectively direct the actions of others.
(C) Demonstrated proficiency in the transportation of inmates and the application of restraints.
(D) Good physical condition.
(3) The Security Sub-Team members must be Correctional Officers or Sergeants and have:
(A) Three years of line experience.
(B) Proven ability to make sound decisions.
(C) Demonstrated proficiency in the transportation of inmates and the application of restraints.
(D) Good physical condition.
(4) Intravenous Sub-Team members have no rank requirement, but shall:
(A) Maintain current certification and license to insert intravenous catheters into peripheral veins.
(B) Maintain a current certification and license for placement of the Electrocardiogram (ECG) leads used during the lethal injection process.
(C) Demonstrate ability to insert an intravenous catheter or catheters into an appropriate vein or veins of an inmate.
(D) Demonstrate ability to set up intravenous lines and intravenous drip.
(E) Qualified in the appropriate placement of the ECG leads utilized during this process.
(F) Regularly set up intravenous lines in the performance of their job duties, unrelated to their duties on the Lethal Injection Team.
(G) Have a basic understanding of the effects of the three chemicals used in the lethal injection process.
(5) Infusion Sub-Team members have no rank requirement, but shall:
(A) Be able to follow the directions provided by the manufacturer in mixing the lethal injection chemicals.
(B) Possess the organizational skills necessary to appropriately label and color code the chemicals used during the lethal injection process.
(6) Record Keeping Sub-Team members have no rank requirement, but shall:
(A) Understand the critical need to keep accurate records during the lethal injection process.
(B) Demonstrate expertise in report writing and record keeping.
(g) Annual Review. In order to ensure that the Lethal Injection Team members maintain their qualifications pursuant to the selection criteria, an annual compliance review shall be conducted by the Warden. This shall be completed annually in the month of June. This review shall include, but not be limited to, the following:
(1) Review of the personnel, supervisory and training files.
(2) Review of the most recent performance evaluation.
(3) Review of the Criminal Investigation and Information (CI&I) Report from the California Department of Justice.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.1.3. Lethal Injection Team Duties.
Note • History
(a) Duties performed by the Lethal Injection Team members may include, but not be limited to the following:
(1) Security.
(2) Intravenous Access.
(3) Infusion of Lethal Injection Chemicals.
(4) Record keeping.
(b) The Team Administrator shall ensure that the Lethal Injection Team is trained pursuant to section 3349.1.4 and prepared to carry out their specific duties.
(c) The Team Leader shall assign each of the Lethal Injection Team members to one of the following Sub-Teams:
(1) Security Sub-Team. The Security Sub-Team shall perform the following tasks:
(A) Ensure the security of the Lethal Injection Facility.
(B) Provide direct and constant supervision of the inmate in the final six hours prior to the scheduled execution.
(C) Place the inmate in appropriate restraints and escort the inmate into the execution room prior to the scheduled execution.
(2) Intravenous Sub-Team. The Intravenous Sub-Team shall perform the following tasks:
(A) Assist in preparing the inmate by placing the electronic monitoring on the inmate prior to the scheduled execution.
(B) Insert the intravenous catheters into appropriate veins in the inmate as set forth in section 3349.4.5.
(C) Perform consciousness checks as specified in section 3349.4.5.
(D) Monitor the intravenous lines to ensure patency of the lines as required by section 3349.4.5.
(E) Crimp and uncouple the intravenous lines after the inmate has expired.
(3) Infusion Sub-Team. The Infusion Sub-Team shall perform the following tasks:
(A) Receive the Lethal Injection Chemicals from the Team Administrator and Team Leader after removal from the Lethal Injection Facility safe/refrigerator prior to the scheduled execution.
(B) Mix the Lethal Injection Chemicals in accordance with the manufacturer's instructions and draw the needed chemicals into the appropriate syringes.
(C) Label and color code the syringes.
(D) Infuse the Lethal Injection Chemicals in accordance with this article.
(4) Record Keeping Sub-Team.
(A) One member of the Record Keeping Sub-Team shall be assigned to, and keep records for, each of the following sub-teams:
1. Security Sub-Team.
2. Intravenous Sub-Team.
3. Infusion Sub-Team.
(B) One member of the Record Keeping Sub-Team shall be assigned to the Team Administrator and to the Team Leader to keep records for both.
(C) The Record Keeping Sub-Team shall perform the following tasks and shall document each element of the Lethal Injection process:
1. The Record Keeping Sub-Team member assigned to the Infusion Sub-Team shall complete the CDCR Form 2177 (01/09), San Quentin State Prison Execution Log Lethal Injection Infusion Sub-Team, which is incorporated by reference.
2. The Record Keeping Sub-Team member assigned to the Intravenous Sub-Team shall complete the CDCR Form 2179 (01/09), San Quentin State Prison Execution Log Lethal Injection Intravenous Sub-Team, which is incorporated by reference.
3. The Record Keeping Sub-Team member assigned to the Security Sub-Team shall complete the CDCR Form 2180 (01/09), San Quentin State Prison Execution Log Lethal Injection Security Sub-Team, which is incorporated by reference.
4. The Record Keeping Sub-Team members assigned to the Team Administrator and to the Team Leader shall complete the CDCR Form 2181 (01/09), San Quentin State Prison Execution Log Lethal Injection Team Administrator/Team Leader, which is incorporated by reference.
(D) Upon completion of the execution, the Record Keeping Sub-Team shall assemble all documents pertaining to the lethal injection process for inclusion in the Master Execution File.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.1.4. Lethal Injection Team Training.
Note • History
(a) The Team Administrator shall have direct responsibility to ensure that relevant quality training is provided to each member of the Lethal Injection Team.
(b) Each Lethal Injection Team member, as described in subsection 3349.1.3(c), shall undergo specific training relevant to their assigned duties during an execution.
(c) Training for Lethal Injection Team members.
(1) Monthly training shall occur and shall include, but not be limited to, the following:
(A) A simulation of an execution by lethal injection.
(B) Training on potential problems and recommendations for avoidance or resolution.
(2) Training for the Team Leader and the Security Sub-Team shall include, but not be limited to, the following:
(A) Application of restraints.
(B) Escort and transportation of inmates.
(C) Inmate/staff relations.
(D) Effective communication, as defined in section 3000.
(E) Appropriate methods of securing the inmate so the restraints do not interfere with the intravenous lines.
(F) Departmental Use of Force pursuant to section 3268 et seq. and use of force options.
(G) Potential problems and recommendations for avoidance or resolution.
(H) Security of the Lethal Injection Facility.
(I) Direct and constant supervision of the inmate.
(3) Intravenous Sub-Team training shall include, but not be limited to, the following:
(A) Use of an electronic monitor for vital signs.
(B) Setting up intravenous lines and intravenous drip.
(C) The different sizes of intravenous catheters and determination of the proper size of the catheter(s) to be used, dependent on the size of the vein.
(D) Potential problems and recommendations for avoidance or resolution.
(E) Performance of consciousness checks.
(F) Monitoring intravenous lines to ensure patency.
(G) Crimping and uncoupling intravenous lines.
(4) Infusion Sub-Team training shall include, but not be limited to, the following:
(A) Appropriate mixing of the chemicals used in the lethal injection process.
(B) Proper level and rate of infusion of the chemicals into the intravenous lines established by the Intravenous Sub-Team.
(C) Proper sequence of infusion of the three chemicals used in the lethal injection process and the physical effects each chemical can have on the inmate as they are administered.
(D) Numbering and color coding of the syringes used in the lethal injection process to ensure each chemical is administered in appropriate order.
(E) Proper handling and accountability of controlled substances.
(F) Potential problems and recommendations for avoidance or resolution.
(5) Record Keeping Sub-Team training shall include, but not be limited to, the following:
(A) Accurate record keeping.
(B) Report writing.
(C) Specific records used to document an execution.
(d) Periodic Training Requirements.
(1) Training shall be conducted monthly, as provided in subsection (c) of this section, for the Lethal Injection Team members. Specific training dates will be scheduled by the Team Leader and approved by the Warden.
(2) When a Death Warrant has been served on an inmate, the Team Leader shall schedule training in the 30 calendar days immediately preceding the scheduled execution date.
(3) Except for those Lethal Injection Team members described in subsection 3349.1.2(a)(4)(B), the Lethal Injection Team shall train at least once per month for a minimum of eight hours, and shall also attend additional training as directed by the Team Leader. Any team member described in subsection 3349.1.2(a)(4)(B) shall train with the Lethal Injection Team at least once every six months. All Lethal Injection Team members must attend all training, as specified, unless on approved vacation/sick leave.
(4) Except for those team members described in subsection 3349.1.2(a)(4)(B), the Lethal Injection Team members must attend at least six training sessions prior to being assigned duties during an execution. This includes a minimum of three training sessions in the six months immediately preceding a scheduled execution, and participation in each of the three daily training sessions immediately preceding the scheduled execution. Any team member described in subsection 3349.1.2(a)(4)(B) must attend at least one training session in the six months immediately preceding a scheduled execution, and participate in each of the three daily training sessions immediately preceding the scheduled execution.
(e) Training Documentation and Records.
(1) The Team Leader shall maintain a lethal injection process training file. This training file shall contain a record of all lethal injection process training sessions.
(2) Lethal injection process logs, CDCR Forms 2177, 2179, 2180, and 2181, as described in section 3349.1.3, shall be completed by the Team Leader or designee during each training session to document that appropriate training was conducted and a complete walk-through of the lethal injection process was conducted.
(3) In-Service Training sign-in sheets, the CDC Form 844 (Rev. 4/98), In-Service Training Sign-In Sheet, which is incorporated by reference, shall not be completed during training sessions and the names of the Lethal Injection Team members shall not be included in the training file.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.2.1. Execution Site Operation.
Note • History
(a) Security. All staff entering the Lethal Injection Facility must have prior oral or written approval of the Warden, or acting Warden in the Warden's absence.
(b) The Infusion Control Room shall have sufficient space to accommodate the Infusion Sub-Team and designated members of the Intravenous Sub-Team and the Security Sub-Team. There shall be a mixing area located in the Infusion Control Room.
(c) The Lethal Injection Facility safe and refrigerator shall be permanently mounted within the Infusion Control Room.
(1) Combination numbers to the Infusion Control Room safe shall be known only by the Warden, Team Administrator and the Team Leader.
(2) The combination to the Infusion Control Room safe shall be changed after each execution to maintain quality control, accountability, and security of lethal injection chemicals.
(3) The refrigerator shall be secured within a lockable, heavy gauge, steel enclosure to prevent unauthorized access. Access to the keys for the enclosure shall be limited to the Warden, Team Administrator, and the Team Leader.
(4) The temperature of the refrigerator shall be monitored and documented to ensure that the storage temperature of the pancuronium bromide is maintained according to the manufacturer's directions.
(5) The refrigerator shall be connected to a power supply which is connected to the institution's back-up generator to ensure the integrity of the chemicals in the event of a power outage.
(d) Key Procedure.
(1) The keys for the Lethal Injection Facility shall be located in the San Quentin's Main Control Room, in a locked box secured under glass. All access must be approved by the Warden.
(2) Keys allowing access to the locked box shall only be issued to the Warden, Team Administrator, or the Team Leader.
(3) Each person authorized to draw these keys shall be required to sign the key control log noting the time, reason for entry into the Lethal Injection Facility, and time of return.
(4) Each person authorized to draw the keys to the Lethal Injection Facility shall personally return the keys to the Main Control Room to ensure that the keys are properly secured in the locked box under glass. Under no circumstances shall the keys be returned by someone other than the person authorized to draw the keys.
(5) Any emergency access to the Lethal Injection Facility shall be documented in a CDCR Form 837-A (Rev. 07/05), Crime/Incident Report Part A-Cover Sheet, which is incorporated by reference, and forwarded to the Warden as an unusual occurrence at the institution. The Warden (or Administrative Officer of the Day during weekends, holidays, and 1st and 3rd watches) shall be notified immediately of the reasons access to the Lethal Injection Facility was required.
(e) Maintenance.
(1) The Team Administrator, Chief of Plant Operations, and the Team Leader shall ensure that documented inspections of the Lethal Injection Facility are conducted on a monthly basis.
(2) The Team Administrator shall work with the Team Leader to complete documented security inspections of the Lethal Injection Facility.
(A) The Team Leader shall:
1. Inspect all keys, locking devices, security systems, sanitation, electrical, and other physical plant systems in the Lethal Injection Facility to ensure that the Lethal Injection Facility is fully operational at all times.
2. Immediately report any discrepancy to the Team Administrator.
3. Coordinate with the plant operations staff at San Quentin for the immediate repair of any noted discrepancies and for scheduled maintenance as needed.
4. Submit a written report to the Team Administrator after each monthly inspection attesting to the security readiness of the Lethal Injection Facility.
(B) The Chief of Plant Operations shall note any discrepancies, schedule immediate repairs as necessary, and shall report directly to the Warden the status of any repairs.
(3) Thirty calendar days prior to a scheduled execution, the Team Administrator shall schedule weekly inspections of the Lethal Injection Facility.
(A) The Team Administrator shall coordinate with the Team Leader to conduct weekly security inspections of the Lethal Injection Facility.
(B) The Team Leader shall follow the procedures identified in subsection (e)(2)(A) above for these weekly inspections.
(4) Five calendar days prior to a scheduled execution, the Team Administrator shall schedule daily inspections of the Lethal Injection Facility and shall ensure that daily inspections of the Lethal Injection Facility are conducted as identified in subsection (e)(2)(A) above.
(5) The Team Administrator shall confirm that all items (including but not limited to clothing, personal hygiene items, television, radio) needed to re-house the inmate in the Lethal Injection Facility Secured Holding Area are present prior to re-housing the inmate in the Lethal Injection Facility.
(6) On the morning before a scheduled execution, the Team Administrator, Chief of Plant Operations, and the Team Leader shall make a final inspection of the Lethal Injection Facility. All discrepancies and a plan of correction shall be reported directly to the Warden.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.2.2. Lethal Injection Record Keeping and Documentation.
Note • History
(a) The Litigation Coordinator, shall be responsible for the security of all documents generated prior to, during, and after the lethal injection process. Each Associate Warden is responsible to ensure that all documents generated by staff are accurate, completed in a timely manner, and forwarded to the Litigation Coordinator. The Team Administrator shall ensure that all documents generated by the Lethal Injection Team are accurate, completed in a timely manner, and forwarded to the Litigation Coordinator. The Litigation Coordinator shall maintain the Master Execution File in the Warden's office complex. The Master Execution File shall serve as a permanent record of all documents related to the execution.
(b) Each procedure in the lethal injection process shall be documented by a staff member of the Record Keeping Sub-Team assigned to maintain records of the lethal injection process.
(c) A Correctional Counselor II shall collect and log all documents from the inmate on the Correctional Counselor's Pre-Execution Log. All documents received from the inmate as well as the Correctional Counselor's Pre-Execution Log will be forwarded to the Litigation Coordinator for inclusion in the Master Execution File.
(d) The Litigation Coordinator shall maintain a copy of and log all documents and notices transmitted between San Quentin State Prison and California Department of Corrections and Rehabilitation headquarters, or any other agency or organization, pertaining to a scheduled execution.
(e) The Team Leader shall ensure documentation of the following:
(1) All training of the Lethal Injection Team.
(2) All inspections of the Lethal Injection Facility.
(3) All activities regarding the lethal injection process.
(4) All inmate activities after the inmate is re-housed in the Lethal Injection Facility Holding Area.
(f) The Team Leader shall assign a member of the Record Keeping Sub-Team to the Team Administrator, Team Leader, the Security Sub-Team, the Intravenous Sub-Team, and to the Infusion Sub-Team to ensure that these teams' actions are documented without distracting the team members from their duties.
(g) Immediately following the execution, the Team Leader shall complete the CDCR Form 2182 (01/09), San Quentin State Prison Execution Report-Part A, which is incorporated by reference.
(1) Each team member shall complete a CDCR Form 2183 (01/09), San Quentin State Prison Execution Report -- Part B, which is incorporated by reference, documenting their actions and observations during the execution.
(2) Team members shall use identifiers assigned to their specific position (duties), rather than their names and classifications, when completing the Execution Report -- Part B.
(3) The Team Leader shall assemble the complete Execution Report for review by the Team Administrator. The Execution Report shall include all appropriate supplemental reports.
(h) All the records of the execution shall be processed by the Team Administrator. The Team Administrator shall personally meet with the Record Keeping Sub-Team following the execution to evaluate and critique all records submitted for inclusion in the Master Execution File.
(i) The Public Information Officer shall ensure that the Litigation Coordinator is provided copies of any press releases regarding the lethal injection process.
(j) Documents to be maintained. Each sub-file within the Master Execution File shall contain the following documentation.
(1) Notifications to inmate and involved agencies:
(A) People's Application for Appointment of Execution Date.
(B) Death Warrant.
(C) CDCR Form 1801 (Rev. 01/09), Notification of Execution Date and Choice of Execution Method
(D) CDCR Form 1801-B (Rev. 06/10), Service of Execution Warrant-Warden's Initial Interview.
(E) Notice to Director, Division of Adult Institutions.
(F) Notice to Governor's Legal Affairs Secretary.
(G) Memo to Director, DAI, Identifying Alienist Panel.
(H) CDCR Form 1801-A (Rev. 01/09), Choice of Execution Method.
(I) CDCR Form 2172 (01/09), Thirty Day Notification San Quentin State Prison, signed by inmate. The CDCR Form 2172 (01/09) is incorporated by reference.
(J) Media Notification of Scheduled Execution.
(2) Medical Review Documentation:
(A) CDCR 2173 (06/10), 20-Day Pre-Execution Report, which is incorporated by reference, pursuant to Penal Code section 3700.5.
(B) Medical Status Report.
(C) CDCR Form 2175 (06/10), 7-Day Pre-Execution Report, which is incorporated by reference.
(D) The CDCR Form 2174 (01/09), Notification By Warden to Marin County District Attorney Concerning Sanity of Condemned Inmate (Penal Code section 3700), which is incorporated by reference.
(3) Inmate Visiting Records:
(A) Inmate Visiting File.
(B) Inmate Visiting History.
(C) Request for Approval of Visitors from CDCR Form 2172.
(4) Inmate's completed attachments from CDCR Form 2172.
(A) Request for Approval of Witnesses.
(B) Disposition of Property.
(C) Next of Kin Notification.
(D) Last Meal Request.
(E) Release of Remains and Burial Arrangements.
(5) Pre-Execution Logs and Logs:
(A) CDC Form 128-B General Chronos, as defined in section 3000.
(B) Lethal Injection Facility Activity Logbook.
(C) Condemned Unit 15 Minute Log.
(D) Correctional Counselor's Pre-Execution Log.
(6) Equipment and Controlled Substance Accountability Reports:
(A) Pre and Post Lethal Injection Supply Inventories.
(B) Pre and Post Lethal Injection Controlled Substance Inventories.
(C) Controlled Substance Chain of Custody Reports.
(D) Security Equipment Inventories.
(7) Execution Records:
(A) CDCR Form 2180 (01/09), San Quentin State Prison Execution Log-Lethal Injection Security Sub-Team.
(B) CDCR Form 2179 (01/09), San Quentin State Prison Execution Log-Lethal Injection Intravenous Sub-Team.
(C) CDCR Form 2177 (01/09), San Quentin State Prison Execution Log-Lethal Injection Infusion Sub-Team.
(D) CDCR Form 2181 (01/09), San Quentin State Prison Execution Log-Lethal Injection Team Administrator/Team Leader.
(E) Electrocardiogram (ECG) Tape.
(F) Lethal Injection Facility Announcements.
(G) Emergency Operations Center Log.
(8) Post Execution Logs and Records:
(A) Death Certificate.
(B) CDCR Form 2178 (01/09), Return On Warrant of Death, which is incorporated by reference.
(9) Legal Documents:
(A) Execution Related Pleadings.
(B) Clemency Petition.
(C) Clemency Denial.
(k) Correspondences. If additional documentation is generated as a result of the lethal injection process, those documents shall be added to the appropriate sub-file category.
(l) Review of the Master Execution File.
(2) After an execution has been concluded, the Team Administrator shall review the Master Execution File to ensure that all documents are accounted for and appropriately categorized.
(3) If force was utilized at any point during the lethal injection process, the Execution Report shall be available to the Executive Use of Force Review Committee. When the Committee has completed their review of the Use of Force, the Executive Use of Force Review Committee findings and all associated documentation shall be added to the Master Execution File.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.2.3. Witnesses, Observers, Media, and Information Releases.
Note • History
(a) Selection of Witnesses.
(1) The Warden shall invite the Attorney General, members of the immediate family of the victim or victims and at least 12 reputable citizens, that are to be selected by the Warden.
(2) The Warden shall, at the request of the inmate, permit no more than two spiritual advisors, including but not limited to Chaplains, as the inmate may name, and any persons, relatives or friends, not to exceed five, to be present at the execution.
(b) The Warden shall authorize those peace officers or other CDCR employees as he or she may deem necessary to witness the execution.
(c) Number of persons permitted in the witness areas.
(1) A maximum of 50 persons shall be permitted in the witness areas including:
(A) Members of the Victim(s)'s Immediate Family.
(B) Official Witnesses, and news media witnesses as provided in subsection (e), all of whom shall be reputable citizens to be selected by the Warden in accordance with Penal Code section 3605. The inmate's attorney shall be considered an official witness solely for purposes of this section consistent with Penal Code section 3605.
(C) Attorney General.
(D) San Quentin security staff.
(E) Spiritual advisor (not to exceed 2).
(F) Inmate's family/friends (not to exceed 5).
(2) If the number of victim(s)'s immediate family exceeds the available spaces in the witness viewing room, then the institution may make whatever arrangements are necessary including, but not limited to, video conferencing or any other electronic means available to permit them to view the execution from a remote location.
(d) The Offices of the Governor, the Inspector General and the Attorney General shall each be permitted one reputable citizen selected by the Warden in accordance with Penal Code section 3605 to be present in the Infusion Control Room of the Lethal Injection Facility during an execution in locations designated by the Warden. No other observers will be permitted.
(e) News Media Witnesses.
(1) When an execution is scheduled, the California Department of Corrections and Rehabilitation (CDCR), Assistant Secretary, Office of Public and Employee Communications, shall notify the media and establish a ten-day filing period in which media may request to witness the execution.
(A) Requests may only be accepted during the designated ten-day filing period.
(B) All media requests to witness an execution shall be directed to the CDCR, Assistant Secretary, Office of Public and Employee Communications, 1515 S. Street, Sacramento, California, 94283-0001.
(C) Requests shall only be considered for the scheduled execution and shall not be kept on file as a standing request.
(2) The Assistant Secretary, Office of Public and Employee Communications, and the San Quentin Public Information Officer shall consult with the Warden regarding selection of the members of the news media to witness an execution. All media witnesses must agree to the use of a pool method and all media witnesses must agree to release information simultaneously to all other news agencies at a press conference held after the execution.
(f) Confidentiality of Witnesses. The names of the witnesses shall not be released.
(g) Processing of Witnesses.
(1) All witnesses must arrive at the institution's West Gate at the time designated by the Warden.
(2) Parking will be in the designated parking area.
(3) All witnesses will be screened per existing procedures outlined in section 3261.1, Media Access to Facilities, to include the following:
(A) All witnesses must have a valid identification as outlined in subsections 3173(c)(1) through (c)(6).
(B) No blue jeans, and no jeans-style blue, black, or grey pants for security purposes so that visitors are not confused with inmates by institution staff.
(C) No cameras, cell phones, blackberries, tape recorders, recording devices, electronic devices, drawing implements, or other similar equipment, shall be permitted in the witness area, except that media witnesses shall be provided with pencils and notepads.
(h) Witness Accommodation Prior to Execution.
(1) There shall be three designated witness staging areas; one for official/victim witnesses, one for media witnesses, and one for the inmate's witnesses.
(2) After screening, each group shall be escorted to their respective staging area.
(3) All witnesses shall view an execution orientation video in their respective staging area.
(4) At a time directed by the Warden, the witnesses shall be escorted to their respective designated witness rooms within the Lethal Injection Facility.
(i) Witness Accommodation after Execution.
(1) After the announcement of death, the Official Witnesses, the inmate's witnesses, and victim's witnesses shall be escorted back to their designated staging area. The witnesses shall be transported to the West Gate and processed out of the institution.
(2) The media witnesses shall be transported to the media area to await the Warden's press conference which will be conducted approximately one hour after the execution.
(j) Selection and accommodations of media not selected to witness the execution.
(1) The San Quentin Public Information Officer, under the direction of the Warden, in conjunction with the Assistant Secretary, Office of Public and Employee Communications, is responsible for the selection, accommodation, and coordination of news media personnel not selected to witness the execution.
(2) News media representatives, as defined in subsection 3261.5(a)(1), shall be allowed on San Quentin grounds on the day and time specified by the Warden.
(3) Requests must be made to the Assistant Secretary, Office of Public and Employee Communications. For media credentials, send a written request signed by the news department manager on company letterhead with the name(s) of the proposed representatives, their dates of birth, driver's license number and expiration date, social security number, and size of vehicle for live broadcast purposes to: Office of Public and Employee Communications, P.O. Box 942883, Sacramento, CA 94283-001.
(4) A maximum of 125 non-witness news media personnel shall be permitted to remain in the media area during and after the execution. To accommodate as many media firms as possible, each news media organization applying will be limited to one representative. Firms selected to send a news reporter to witness the execution will be allowed a separate representative at the media center. Pool arrangements may be necessary for audio/visual feeds and still photographs from inside the media center.
(5) Parking will be in the designated parking area. Media broadcast vans will be admitted to the institution grounds on a space-available basis with prior written approval. Requests for such accommodations should be made when requesting to cover the scheduled execution. All media members must have a valid State of California photo I.D. as outlined in subsections 3173(c)(1) through (c)(6).
(6) The non-witness media members shall be processed through a security check at the West Gate and escorted to the media area.
(7) After the execution, the media witnesses will join the non-witness media as soon as possible at the media area for the media press conference, where they will relate what they witnessed to the non-witness media.
(8) No more than 30 minutes after the conclusion of the Warden's press conference, the escorting of all media personnel to the West Gate shall begin.
(k) In the event media request to interview a condemned inmate, all interviews shall be consistent with departmental rules pursuant to subsections 3261.5(a) through (g).
(l) Information Releases.
(1) The names of the Official Witnesses shall not be released for safety and security purposes.
(2) The names of Lethal Injection Team members shall not be released, nor shall they be available for interviews or photographs for safety and security purposes.
(3) The San Quentin Public Information Officer and CDCR, Assistant Secretary, Office of Public and Employee Communications will be responsible for all CDCR press releases prior to, during and after an execution and for the development of all information releases.
(4) The Warden, with the assistance of the Assistant Secretary and Public Information Officer, shall hold a press conference approximately one hour after an execution. No other interview(s) will be given by the Warden after the news conference is completed.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605 and 5054, Penal Code; United States Constitution, Amendment I and VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
Note • History
Dedicated telephone lines to the State Supreme Court, the Governor's Office, and the State Attorney General's Office shall be opened and staffed beginning at least fifteen minutes prior to a scheduled execution.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3. Chronology of Events Prior to a Scheduled Execution.
Note • History
(a) Upon receipt of the execution order, the following shall occur:
(1) The Warden shall:
(A) Notify the Director, DAI and other appropriate officials identified in this article.
(B) In the presence of a Correctional Counselor II, Litigation Coordinator, and the Associate Warden-Specialized Housing Division, interview the inmate to be executed, serve the warrant of execution, and document the interview on a CDCR Form 1801-B (Rev. 06/10), Service of Execution Warrant-Warden's Initial Interview.
(C) Inform the inmate of the choices of execution method, either lethal injection or lethal gas and document this information on the CDCR Form 1801 (Rev. 01/09), Notification of Execution Date and Choice of Execution Method.
(D) Instruct the inmate to indicate his choice within ten days on a CDCR Form 1801-A (Rev. 01/09), Choice of Execution Method, with the explanation that if no choice is made, lethal injection will be the method of execution.
(E) Provide the inmate a copy of the CDCR Form 2172 (01/09), Thirty Day Notification-San Quentin State Prison informational package regarding visiting, phone calls, witness list, burial arrangements, and the general rules and procedures that will be utilized during the days leading up to the date of execution.
(F) Notify the Governor's Legal Affairs Secretary by overnight mail of the scheduled execution with a copy of the execution order enclosed.
(G) Submit to the Director, DAI the names of the three psychiatrists who will serve as the required panel of Alienists pursuant to Penal Code section 3700.5. The Alienists will be employees of the CDCR who have previously received the approval of the Director, DAI.
(H) Meet with Lethal Injection Team members involved in the lethal injection process to ensure that all staff understand their roles in the scheduled execution.
(b) The Chief Deputy Warden shall review San Quentin's Emergency Operations Plan to ensure it is current.
(c) The Associate Warden -- Specialized Housing Division, shall:
(1) Accompany the Warden and be present as described in subsection 3349.3(a)(1)(B).
(2) Contact the Team Administrator and inform him/her that the warrant of execution has been served and that the Team Administrator shall contact the Team Leader to ensure the Lethal Injection Facility is maintained and is operational.
(3) Refer the inmate to the Intravenous Sub-Team for a vein assessment to determine the size, location, and resilience of the veins in the inmate's anticubital areas. If a suitable vein is not available, alternate insertion sites will be considered, including, but not limited to:
(A) Forearm.
(B) Wrist.
(C) Back of hand.
(D) Top of foot.
(E) Ankle, lower leg, or other appropriate location.
(4) Report the results of the vein assessment to the Warden.
(d) The Team Leader shall notify Lethal Injection Team members of the execution order.
(e) A Correctional Counselor II shall:
(1) Accompany the Warden and be present as described in subsection 3349.3(a)(1)(B).
(2) Maintain close daily contact with the inmate upon service of the execution warrant.
(3) If the inmate cannot communicate effectively, obtain the services of an interpreter or other person required to facilitate effective communication.
(f) The Litigation Coordinator shall:
(1) Advise the Warden of any pending litigation regarding the inmate or the scheduled execution.
(2) Accompany the Warden and be present as described in subsection 3349.3(a)(1)(B).
(3) Obtain from the Visiting Lieutenant a copy of the list of approved visitors and a printout of visits weekly.
(4) Instruct the Visiting Lieutenant who schedules legal visiting to give priority accommodations to the attorney for the inmate. If a scheduling problem occurs, the Litigation Coordinator must immediately be notified.
(5) Construct a Master Execution File for the inmate that shall contain all pertinent documents; i.e., execution order, photocopy of the visiting printout, CDCR Form 1801-B, Service of Execution Warrant-Warden's Initial Interview, CDCR Form 1801, Notification of Execution Date and Choice of Execution Method, pre-execution activity log, CDC Form 128-B, General Chronos and any other pertinent information.
(A) The Master Execution File shall be kept in the Warden's office complex.
(B) In the event the execution is stayed, the Master Execution File shall be closed and shall remain in the Warden's Office complex.
(6) Update the list of scheduled executions and distribute it to the Administrative Officer of the Day book, and also to the Chief Deputy Warden, Associate Warden-Specialized Housing Division, Visiting Lieutenant, Mailroom Sergeant, Chief Psychiatrist and Chaplains.
(g) The Warden's Administrative Assistant shall:
(1) Act as liaison between the inmate's family and the Warden.
(2) Direct the mailroom sergeant to deliver all non-legal incoming mail for the inmate to the Warden's Administrative Assistant to be inspected, logged, and forwarded to the inmate via the oncoming Third Watch Sergeant. Mail that is sent to the inmate by anonymous senders, containing offensive messages, shall be hand carried to the inmate by a Correctional Counselor II. The inmate shall have the option to accept or reject the offensive correspondence.
(3) Instruct the First Watch Sergeant to inspect and log all non-legal outgoing mail from the inmate.
(A) The Sergeant shall forward any unusual mail immediately to the Warden's Administrative Assistant who shall deliver to the Warden for review and appropriate handling.
(B) This process must be handled expeditiously to avoid unnecessary delay of outgoing or incoming mail.
(h) The San Quentin Public Information Officer shall advise the CDCR Assistant Secretary, Office of Public and Employee Communications, by telephone, of the execution date and coordinate the development of a press release for news media agencies.
(i) The Visiting Lieutenant shall:
(1) Flag the computer file, in the memo field, with the following instruction:
Priority Visiting Privileges. Do not turn away visitors without approval of Warden or Administrative Officer of the Day. Starting seven days prior to a scheduled execution, notify the Public Information Officer of each visit that the inmate has on the day that it occurs.
(2) Ensure compliance with these instructions.
(3) Make photocopies of the inmate's visiting file along with a computer printout of all approved visitors and deliver them to the Litigation Coordinator.
(4) Ensure that the attorney(s) for the inmate is afforded assistance in expeditiously having access to the inmate. In the final weeks prior to the execution, this may include facilitating attorney visits during weekends and holidays, if necessary.
(5) Arrange for visiting.
(A) Grade A inmate visiting will take place in a designated secure visiting area of the Main Visiting Room during normal visiting hours. A correctional officer shall be assigned to provide constant and direct supervision of the visit.
(B) Grade B inmates shall continue to receive non-contact visits in the Main Visiting Room.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.1. Responsibilities and Tasks Approximately 45 days Prior to a Scheduled Execution.
Note • History
(a) The Warden shall:
(1) Work with the Attorney General's Office of Victims' Services to confirm the availability of victim(s) family members and the selection of official witnesses and 2 or more alternates.
(2) Initiate the process for completion of the CDCR Form 2173 (06/10), 20-Day Pre-Execution Report, as described in subsection (d)(1), pursuant to Penal Code section 3700.5, for submission to the Director, DAI. The report shall include the following:
(A) A current psychiatric report, written by each of the three alienists.
(B) Comments of the Chaplain, as defined in section 3000, attending to the inmate.
(C) A summary of the inmate's conduct and behavior, submitted by a Correctional Counselor II.
(D) A cover letter from the Warden.
(b) The Associate Warden-Specialized Housing Division, shall:
(1) Move the inmate to a designated area.
(A) Inmates housed in East Block shall be moved to the first tier upon receipt of the death warrant.
(B) Inmates in North Segregation shall remain in their assigned cells.
(C) Inmates in the Adjustment Center shall remain in their assigned cells.
(2) Implement hourly checks and logs prepared by condemned unit staff.
(3) Direct the condemned unit staff to commence documentation of the inmate's behavior on a CDC Form 128-B, General Chrono, on each shift.
(A) These CDC Form 128-B's shall be forwarded daily to the Litigation Coordinator via the Associate Warden-Specialized Housing Division.
(B) Any documentation regarding unusual behavior shall be brought to the attention of the Warden.
(4) Visit the unit daily to ensure procedural follow through and shall sign in on the unit log book with each visit.
(c) The Public Information Officer shall:
(1) Coordinate with the CDCR Assistant Secretary, Office of Public and Employee Communications, to make distribution of an announcement to the media via recognized wire services that the execution is scheduled.
(A) The advisory must provide instructions to media representatives wishing to witness or otherwise cover the scheduled execution.
(B) The Public Information Officer and CDCR Assistant Secretary, Office of Public and Employee Communications shall announce a ten-day filing period in which the news media may submit their written requests as provided in section 3349.2.3 to witness the execution.
(C) Media witness requests must be for the scheduled execution and will not be kept on file.
(D) No request will be considered that is received after close of business on the tenth and final day.
(2) Work with the Assistant Secretary and consult with the Warden regarding selection of media witnesses to the execution. Consideration will be given to the broadest cross-section of media format and greatest circulation or viewers.
(d) The Alienists shall provide the following:
(1) Interview and examine the inmate within sufficient time to evaluate the findings and give written reports, to include the CDCR Form 2173 (06/10), 20-Day Pre-Execution Report, to the Governor and the Warden at least 20 days prior to the day appointed for the execution. The written reports shall include an interpretation of the examinations, interviews, and history and shall be stated in plain language.
(2) Information available to one Alienist pertinent to the inmate's sanity shall be made available to the other two Alienists for evaluation and inclusion in the appropriate psychiatric reports.
(e) The Chaplain shall:
(1) Interview the inmate to assess the inmate's spiritual and emotional well-being.
(2) Determine the inmate's religious preferences and needs, next of kin, funeral or other requests, attitudes or thoughts on death and dying, and note any observations regarding the inmate's emotional stability such as acceptance of the sentence of death.
(3) Formulate these observations into a written report and submit it to the Warden within sufficient time to meet the 20-day report deadline.
(f) A Correctional Counselor II shall:
(1) Assess the observations of the inmate's counselor and custody staff, and research the case history to determine the inmate's past and present conduct and behavior.
(2) Submit this information in writing to the Warden within sufficient time to meet the 20-day report deadline.
(3) Continue close daily contact with the inmate. Collect the completed pages of the CDCR Form 2172 (01/09), Thirty Day Notification-San Quentin State Prison, that was provided to the inmate by the Warden.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.2. Responsibilities and Tasks Approximately 30 Days Prior to a Scheduled Execution.
Note • History
(a) Sanity Review Request.
(1) Attorneys may submit in writing for the Warden's review, any current information that they believe may have a bearing on evaluating the sanity of an inmate with a scheduled execution date. This information will be accepted within 30 days and, except as provided in PC section 3701, up to 7 days prior to the scheduled execution and will be forwarded to the Alienists so long as their duties continue.
(2) Information submitted more than 30 days prior to the scheduled execution will be accepted for consideration by the panel of Alienists. The panel of Alienists shall consider this information in preparation of the CDCR Form 2173 (06/10), 20-Day Pre-Execution Report.
(3) The Warden shall have available for review, all psychiatric information pertaining to the inmate known to San Quentin's psychiatric staff.
(A) This information shall be reviewed along with all material submitted by the inmate's attorney.
(B) This information shall be used to determine if substantial showing of insanity exists.
(4) The Warden shall notify the inmate's attorney in writing of the results of the requested sanity review. Should the Warden, with the assistance of the independent CDCR psychiatrist, find a substantial showing of insanity, the Warden shall notify the District Attorney by a CDCR Form 2174 (01/09), Notification By Warden To Marin County District Attorney Concerning Sanity of Condemned Inmate, in accordance with the reporting provisions of Penal Code section 3701.
(5) Beginning the week prior to the execution the Warden shall be provided with current daily information regarding the inmate's behavior and psychiatric condition.
(6) The inmate's behavior shall be continuously monitored by unit staff for the final five days with documentation completed every 15 minutes.
(A) Should the inmate display unusual or inappropriate behavior, the Warden shall be notified immediately by institutional staff.
(B) The Warden shall take necessary steps to evaluate any reported changes including utilizing the provisions of Penal Code section 3701. Results shall be reported to the Secretary of the CDCR in writing via the Director, DAI.
(7) The Secretary of the CDCR shall notify the Governor's Legal Affairs Secretary in writing of all referrals to the District Attorney's office under the provisions of Penal Code section 3701.
(b) The Warden shall deliver the CDCR Form 2173 (06/10), 20-Day Pre-Execution Report to the Director, DAI.
(c) The Team Administrator shall:
(1) Coordinate with the Team Leader to conduct weekly security inspections of the Lethal Injection Facility.
(2) Schedule and conduct required training for the Lethal Injection Team.
(3) Ensure the Lethal Injection Facility is ready and fully stocked with supplies.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.3. Approximately Ten Days Prior to a Scheduled Execution.
Note • History
(a) The Warden shall:
(1) Compile and send a final CDCR Form 2175 (06/10), 7-Day Pre-Execution Report (original documents) to the Director, DAI.
(A) This report shall indicate whether there has been any change in the inmate's mental condition since the CDCR Form 2173 (06/10), 20-Day Pre-Execution Report.
(B) The CDCR Form 2175 (06/10), 7-Day Pre-Execution Report shall be delivered in sufficient time for forwarding to the Secretary of the CDCR whose office shall then forward the report to the Governor's Legal Affairs Secretary.
(C) This report shall be a memorandum updating the formal CDCR Form 2173 (06/10), 20-Day Pre-Execution Report based upon current observations.
(D) Intermediate reports may be submitted by the Warden any time there is a change which may have an effect under Penal Code section 3700.5.
(2) Review the inmate's requested witnesses and spiritual advisor(s) including but not limited to, department Chaplains, as provided by the Associate Warden-Specialized Housing Division, to ensure they meet existing witness and visitor criteria.
(3) Secure from the Case Records Manager the central file of the inmate, which shall be maintained in the Warden's office until the date of execution.
(b) The Chief Deputy Warden shall direct the Crisis Response Team Commander to notify appropriate area managers of intent to re-assign any employee from their normal assignments associated with the scheduled execution at least five days prior to proposed assignment change.
(c) The Team Administrator shall:
(1) Ascertain if the inmate wishes to invite up to five witnesses and two spiritual advisors and provide the Warden with the names.
(2) Ensure Lethal Injection Team members are prepared.
(3) Ensure the Lethal Injection Facility is operational.
(4) Ensure the Lethal Injection Facility has necessary supplies, including but not limited to, supplies for household and personal needs.
(5) Ensure the required clothing is available.
(6) Ensure a supply of documentation logs, graph paper, and record keeping materials are in place.
(7) Ensure that the necessary chemicals are available and properly controlled.
(8) Notify the Personnel Assignment Office of the names of personnel that are to be relieved of their regularly assigned duties and temporarily assigned to the execution detail three days prior to the scheduled execution.
(d) The Public Information Officer shall:
(1) Notify all media representatives either by phone or writing selected to be witnesses.
(2) Notify all non-witness media representatives either by phone or writing selected to cover the scheduled execution event.
(e) The Alienists shall interview and evaluate the inmate and submit their findings to the Warden in writing.
(1) The Alienists shall compare their current evaluations with their previous findings to determine any change in the inmate's mental condition.
(2) Their observations must be current and pertain to the inmate's mental state.
(3) Submit a 7-Day report to the Warden, the CDCR Form 2175 (06/10), 7-Day Pre-Execution Report.
(f) The Chaplain shall deliver a written report to the Warden regarding the emotional state of mind of the inmate. These observations shall be limited to contacts made within three days preceding preparation of the report.
(g) A Correctional Counselor II shall report any change in conduct or behavior in writing to the Warden.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.4. Five Days Prior to a Scheduled Execution.
Note • History
(a) The Warden shall:
(1) Order the inmate to be moved to the designated security housing area where the inmate will be under observation 24-hours a day by an officer assigned for that purpose. The Warden may authorize the move at any time following receipt of the death warrant or when, in the opinion of the Warden, it is necessary to maintain the safety and security of the public, the institution and/or the inmate.
(2) Ensure that the inmate's behavior be continuously monitored by unit staff for the final five days prior to a scheduled execution with documentation completed every 15 minutes.
(A) If the inmate displays unusual or inappropriate behavior, the Warden shall be notified immediately by institutional staff.
(B) The Warden shall take necessary steps to evaluate any reported changes including utilizing the provisions of Penal Code section 3701. Results shall be reported to the Secretary of the CDCR in writing via the Director, DAI.
(b) The Team Administrator shall:
(1) Confirm that the inmate is moved to the designated security housing area and place the inmate under 24-hour a day observation by an officer assigned for that purpose.
(2) Conduct the daily inspections of the Lethal Injection Facility with the Team Leader.
(3) Direct that all personal property, with the exception of legal material, belonging to the inmate be removed from the inmate's cell and placed under the security of the officer stationed outside the security cell. The inmate will be given the use of items by the officer as he needs them, and then the inmate shall return them to the officer's care.
(4) In the event of a stay of execution, the Team Administrator shall return the inmate's property and initiate return of the inmate to the inmate's former housing status.
(5) Along with the Food Manager, interview the inmate to ascertain what request, if any, the inmate may have for a last meal.
(A) Determine if Food Service will be able to fulfill the request or make arrangements to obtain the requested menu items.
(B) Accommodations for the last meal will be made up to 50 dollars ($50.00).
(c) The Visiting Lieutenant shall ensure:
(1) Grade B inmates will continue to receive non-contact visits during designated visiting hours.
(2) The visitor(s)/attorney(s) will be required to clear the walk-through metal detector and a clothed body search. Refusal to comply with the above search procedures will be grounds for denial of a visit.
(3) The inmate will visit in waist restraints.
(4) The inmate and the visitor(s) may briefly embrace or shake hands at the beginning and end of the visit. No other physical contact shall be allowed.
(5) In the event there is a scheduled attorney visit, the following procedures shall apply:
(A) Attorneys and other approved visitors of the inmate will not be permitted to visit with the inmate simultaneously.
(B) For an attorney/client confidential visit, the attorney shall be allowed to bring the following items:
1. One pen or pencil.
2. One notepad.
3. Necessary legal materials.
(6) For attorney/client confidential visits, the inmate shall be removed from the conference room and shall proceed with the attorney to visit in designated visiting area under constant visual observation by the special visiting team.
(7) Visitors are informed by a posted notice or Warden's Bulletin that visiting will be closed the day preceding a scheduled execution as well as the day of a scheduled execution.
(8) The family visiting quarters shall be vacant the day before and the day of a scheduled execution.
(9) All visiting, with the exception of Chaplains and approved Spiritual Advisors, shall cease once the inmate is placed in the secured holding cell in the Lethal Injection Facility. Attorneys may have access to their client by phone as requested by either the attorney or the inmate.
(d) A Correctional Counselor II shall:
(1) Interview the inmate to discern any special requests as to the disposition of his property. The inmate shall package and label any property to be sent out of the institution.
(2) Maintain a signed inventory receipt of all packaged property for mailing the first weekday following the execution.
(3) In the event of an indefinite stay of execution, return the property to the inmate with a signed receipt.
(4) Arrange for the monitoring of all telephone calls made by the inmate on an institutional telephone.
(A) Legal calls will not be monitored but shall be facilitated by staff.
(B) All calls shall be logged on the pre-execution activity log.
(C) The inmate shall have 24-hour access to a telephone for attorney contact.
(5) Obtain clothing sizes from the inmate and ensure that appropriate clothing is available.
(6) Begin daily briefings for the Warden, Chief Deputy Warden, Associate Warden-Specialized Housing Division, and Facility Captain as to the inmate's needs, requests, and behavior.
(e) Religious accommodations.
(1) State employed Chaplains selected by the inmate shall be allowed to perform their spiritual functions at the inmate's cell front on either second or third watch.
(2) Non-state employed Spiritual Advisors may visit the inmate utilizing the visitor process outlined in this article.
(3) Once the inmate is moved to the Lethal Injection Facility Holding Area, state-employed and pre-approved non-state Spiritual Advisors may visit the inmate in the Lethal Injection Facility Holding Area.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.5. Four Days Prior to a Scheduled Execution.
Note • History
(a) The Warden shall:
(1) Issue a letter to San Quentin Village residents, Marin Rod and Gun Club, and the Post Office advising them of any likelihood of a gathering or demonstration at the East Gate.
(2) Ensure that a notice is passed out during staff briefings and displayed on the count gate television monitor located at the prison's main entrance, to inform staff of the East Gate closure on the evening prior to the day of the execution. Staff shall be instructed to use the West Gate.
(b) The Team Administrator shall direct the Team Leader to conduct a final equipment check of all materials necessary to perform the execution. This shall be conducted not less than 24 hours, and not more than 96 hours, before a scheduled execution.
(c) The Business Manager II shall notify all contractors and vendors that San Quentin will not be accepting any goods or services beginning at 1800 hours, two days prior to a scheduled execution and continuing through the execution day.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.6. Three Days Prior to a Scheduled Execution.
Note • History
(a) The Team Administrator shall:
(1) Assume direct supervision of all Lethal Injection Team responsibilities.
(2) Coordinate and discuss with the Team Leader the specific Lethal Injection Team assignments to:
(A) Ensure Lethal Injection Team members are available.
(B) Confirm Lethal Injection Team members are properly trained and capable of carrying out specific assignments.
(C) Confirm other Lethal Injection Team members are properly assigned as back ups and that each back up is properly trained and capable to perform the assigned functions.
(D) Begin conducting daily inspections of the Lethal Injection Facility.
(E) Confirm the facility remains fully operational and stocked with appropriate supplies.
(b) The Team Leader shall:
(1) Activate all members of the Lethal Injection Team and schedule daily training and preparedness exercises on each of the three days prior to the scheduled execution.
(2) Ensure that all items that will come into contact with the inmate are properly searched.
(3) Ensure that continuous security is provided at the Lethal Injection Facility.
(4) Ensure that Lethal Injection Team members assigned to specific functions begin daily training on their specific assignments, and all team members assigned as back-ups are also involved in training for their specific back-up functions.
(c) The Correctional Captain, Central Services Division, shall:
(1) Establish an internal support team to assist as needed to maintain the smooth operation of the institution. The internal support team members will be located in an area designated by the Correctional Captain, Central Services Division.
(2) Ensure witness and media staging areas are clean and sanitized.
(d) The Public Information Officer (PIO) shall:
(1) Activate the media center at the appropriate time commensurate with the day and hour of the scheduled execution in the designated area, and staff it with one Correctional Sergeant and six Correctional Officers assigned by the Watch Sergeants for that purpose.
(A) Address the needs of media representatives that may be operating out of the media center. The assigned staff will release no information or offer any commentary unless specifically authorized by the PIO.
(B) Give regular updates to any media gathered, and will notify the Assistant Secretary, Office of Public and Employee Communications of this action.
(2) Work with the Assistant Secretary, Office of Public and Employee Communications to prepare a biographical and general information sheet on the inmate for briefing notes for the media, including CDCR identification photo. A copy of this biographical and general information sheet will be sent to the Assistant Secretary.
(3) The Warden, through the PIO, shall designate a cut-off time for the media to arrive.
(e) Female inmates shall be transported to San Quentin no sooner than 72 hours prior to the scheduled execution and no later than 6 hours prior to the scheduled execution. The inmate will be secured in the Lethal Injection Facility Holding Area.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3601, 3602, 3603, 3604, 3605, 3705, 3706 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.3.7. Two Days Prior to a Scheduled Execution.
Note • History
The Chief Deputy Warden shall prepare to activate the Emergency Operations Center and consult with the Warden on specific areas of concern.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.1. Twenty-Four Hours Prior to a Scheduled Execution.
Note • History
(a) The Warden shall confirm that all Lethal Injection Team members are fully prepared and ready to perform their assigned duties.
(b) The Chief Deputy Warden shall activate the Emergency Operations Center.
(c) The Team Administrator shall:
(1) Accompany the Team Leader to obtain the Lethal Injection Chemicals and saline from a licensed pharmaceutical facility or distributor and complete the CDCR Form 2176 (06/10), Lethal Injection Chain of Custody-San Quentin State Prison, which is incorporated by reference, to acknowledge receipt of chemicals.
(2) Verify the Lethal Injection Chemicals and quantity of these chemicals and saline. Secure the Lethal Injection Chemicals and saline in the Lethal Injection Facility safe or refrigerator, as appropriate, and complete the CDCR Form 2176 (06/10), Lethal Injection Chain of Custody-San Quentin State Prison. The original copy of the chain of custody form shall remain with the Lethal Injection Chemicals. A copy of the form shall be distributed to the following:
(A) Warden.
(B) Chief Deputy Warden.
(C) Team Administrator.
(D) Team Leader.
(3) Assume direct supervision of the Lethal Injection Team members.
(4) Make a final inspection of the Lethal Injection Facility to ensure operational readiness.
(5) In conjunction with the Team Leader:
(A) Brief the Security Sub-Team on their specific duties during the scheduled execution.
(B) Assess each Lethal Injection Team member to ensure readiness for their role in the execution.
(C) If necessary, excuse any Lethal Injection Team member they believe may be unable to complete their assigned duties.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; California Constitution, Art. 1, Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.2. Six Hours Prior to a Scheduled Execution.
Note • History
(a) The Team Leader shall:
(1) Meet with and brief the inmate on procedures and the responsibilities of the Security Watch Staff.
(2) Supervise the movement of the inmate to the Lethal Injection Facility holding cell.
(3) Assign at least one Correctional Sergeant and two Correctional Officers from the Security Sub-Team that shall ensure direct and constant supervision of the inmate in the Lethal Injection Facility holding area.
(4) Ensure a security watch log is maintained with entries made every 15 minutes. The log will reflect all activities involving the inmate, including the following:
(A) Telephone calls.
(B) Correspondence.
(C) Visits by staff and approved visitors.
(D) Last meal.
(5) Address requests made by the inmate.
(b) Visits.
(1) The inmate can be visited by a spiritual advisor, including but not limited to, Chaplains, as defined in section 3000, and the Warden.
(2) Spiritual advisors that are not Chaplains, as defined in section 3000, must be approved by the Warden.
(3) Spiritual advisors wishing to bring religious items into the institution must have received advanced written permission from the Warden. All items are subject to search by staff prior to entry into the Lethal Injection Facility.
(4) No food, drinks, or vending machine items are permitted in the Lethal Injection Facility visiting areas. Coffee and juice will be provided.
(5) No other visits will be permitted in the Lethal Injection Facility Holding Area without the approval of the Warden.
(c) Last meal.
(1) The inmate may request a last meal in so far as reasonable within the established $50.00 limit.
(2) The Correctional Food Manager or designee shall deliver the last meal to the Lethal Injection Facility.
(3) The Team Leader shall ensure that the meal is inspected for contraband.
(4) The meal shall be served in the Lethal Injection Facility Holding Area.
(d) Additional items the inmate may request include:
(1) Food items, coffee, juice and soft drinks.
(2) Programs on the radio or television.
(3) Phone calls.
(4) Mailing of letters.
(e) The Lethal Injection Security Sub-Team shall:
(1) Initiate direct and constant supervision of the inmate, and also initiate the security watch log, and shall:
(A) Make entries at least every 15 minutes.
(B) Document all activities involving the inmate.
(2) Take custody of and search the inmate by the following:
(A) Conduct an unclothed body search.
(B) Scan the inmate with a metal detector.
(3) Search the inmate's approved property.
(4) Secure the inmate in the lethal injection holding cell.
(5) Issue the inmate new state clothing, which shall include:
(A) Appropriate undergarments.
(B) One pair of socks.
(C) One pair of slippers.
(D) One pair of pants and one shirt or one jumpsuit.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; California Constitution, Art. 1, Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.3. Approximately Three Hours Prior to a Scheduled Execution.
Note • History
(a) The Team Administrator in the company of the Team Leader shall:
(1) Remove the Lethal Injection Chemicals and saline from the Lethal Injection Facility safe and refrigerator.
(2) Transfer custody of the Lethal Injection Chemicals to two members of the Infusion Sub-Team.
(3) Ensure accountability of the Lethal Injection Chemicals and saline. A minimum of two members of the Infusion Sub-Team shall verify all Lethal Injection Chemicals and saline at the time of transfer and sign the CDCR Form 2176 (06/10), Lethal Injection Chain of Custody-San Quentin State Prison.
(b) The Infusion Sub-Team shall prepare Lethal Injection Chemicals and saline as follows:
(1) Two Identical trays shall be prepared.
(A) Tray A shall be color-coded red and will be the primary tray used for the lethal injection process.
(B) Tray B shall be colored-coded blue and will be the backup tray.
(2) Each tray shall have eight color-coded syringes to match the tray and be labeled by content and sequence of administration as follows:
# 1 60cc syringe 1.5 grams Sodium Thiopental
# 2 60cc syringe 1.5 grams Sodium Thiopental
# 3 60cc syringe 50cc saline flush
# 4 60cc syringe 50 milligrams Pancuronium Bromide
# 5 60cc syringe 50cc saline flush
# 6 60cc syringe 100 milliequivalents Potassium Chloride
# 7 60cc syringe 100 milliequivalents Potassium Chloride
# 8 60cc syringe 50cc saline flush
(3) The Sodium Thiopental shall be mixed according to the manufacturer's instructions.
(4) One Infusion Sub-Team member shall prepare the syringes for Tray A.
(A) Another Infusion Sub-Team member shall verify proper preparation of the syringes for Tray A.
(B) A Record Keeping Sub-Team member shall observe and document the preparation on the CDCR Form 2177 (01/09), San Quentin State Prison Execution Log-Lethal Injection Infusion Sub-Team.
(5) Tray B shall be prepared by a different Infusion Sub-Team member.
(A) Another Infusion Sub-Team member shall verify proper preparation of the syringes for Tray B.
(B) A Record Keeping Sub-Team member shall also observe and document the preparation on the CDCR Form 2177 (01/09), San Quentin State Prison Execution Log-Lethal Injection Infusion Sub-Team.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; California Constitution, Art. 1, Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.4. During the Day of a Scheduled Execution.
Note • History
(a) The Warden shall confirm the following activities:
(1) Approximately two hours prior to a scheduled execution, ensure all witnesses are appropriately accommodated.
(2) Accompanied by the Team Administrator, meet with the inmate in the Lethal Injection Facility Holding Area.
(A) Advise the inmate that a written last statement can be prepared, to be made available after the execution.
(B) Inform the inmate that a sedative is available. Upon request, a sedative will be administered under the direction and approval of a clinician.
(3) The official witnesses are ushered to their assembly area and given final instructions as needed.
(4) Approximately 45 minutes before a scheduled execution, the Warden shall instruct the Lethal Injection Team to prepare the inmate.
(5) Ensure open dedicated phone contact with the Governor's Office, the Office of the Attorney General and the California State Supreme Court is established.
(6) Ensure that the curtain is open on the viewing windows prior to the witnesses' arrival. The curtain will remain open throughout the execution process until the inmate is pronounced dead.
(7) Approximately 25 minutes before a scheduled execution, instruct staff to admit the witnesses to their designated areas.
(8) Approximately 15 minutes before a scheduled execution, order the inmate brought into the execution room and secured to the gurney.
(b) The Chief Deputy Warden shall:
(1) Place the institution on lockdown at the appropriate time commensurate with the day and hour of a scheduled execution.
(2) Assume command of the Emergency Operations Center.
(c) The Team Administrator shall:
(1) Approximately two hours prior to a scheduled execution, accompany the Warden into the Lethal Injection Facility to meet with the inmate.
(2) During the execution, take a position in the Infusion Control Room and provide direct supervision of the infusion of the Lethal Injection Chemicals and saline.
(d) The Litigation Coordinator shall:
(1) Take a position at the Lethal Injection Facility telephones 15 minutes prior to a scheduled execution to ensure constant communication with the Governor's Office, the State Attorney General and the State Supreme Court.
(2) Relay all calls to the Warden and the Team Administrator.
(e) The Warden's Administrative Assistant shall, at the time designated by the Warden:
(1) Assign a correctional officer to escort all witnesses, except those invited by the inmate to their respective areas.
(2) Assign a correctional officer to escort the inmate's attorney and the inmate's invited witnesses to their designated witness area.
(3) During the execution, remain in the Lethal Injection Facility witness area to assist the Public Information Officer.
(f) The Public Information Officer shall:
(1) At the time designated by the Warden, identify the media witnesses and escort them from the media center to their designated witness viewing room.
(2) Instruct the media witnesses regarding items that are not permitted in the Lethal Injection Facility. These items will be deposited at the media center for later retrieval. No equipment shall be allowed in the witness gallery. Pencils and notepads will be provided.
(3) Utilize the metal detector at the visitor processing center or any other search method deemed necessary and reasonable.
(4) Immediately upon the Warden's announcement of death, usher the media witnesses directly to the media center where they will give pool commentary to the other assembled media. No commentary shall be given until after the official statement by the Warden.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605, 3700, 3700.5, 3701, 3702, 3703, 3704 and 5054, Penal Code; United States Constitution, Amendment VIII; California Constitution, Art. 1, Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.5. Administration of the Lethal Injection Chemicals.
Note • History
(a) Inmate preparation. Upon direction of the Warden to prepare the inmate, the Team Leader shall:
(1) Direct the Security Sub-Team to conduct an unclothed body search.
(2) Place the inmate in restraints and remove the inmate from the Lethal Injection Facility Holding Area.
(3) Observe the Intravenous Sub-Team place the electronic monitoring sensors on the inmate.
(b) Resistive inmates.
(1) In the event that an inmate refuses to comply with staff's orders to be placed in restraints or to exit their assigned cell or the Lethal Injection Facility Holding Area, or any other area where the inmate may be held, the Team Leader shall advise the Warden and Team Administrator.
(2) The Team Administrator shall speak to the inmate in an attempt to gain the inmate's cooperation.
(3) If the inmate continues to refuse to comply with orders, an emergency cell extraction will be authorized.
(4) Staff shall follow the universal precautions when performing an extraction including, but not limited to, the following:
(A) Disposable gowns.
(B) Face/head protection.
(C) Rubber gloves.
(D) Padded gloves.
(E) Leg protection.
(5) Any use of force shall be noted as required by subsection 3349.2.2(e)(4) as well as on the CDCR Form 2182, San Quentin State Prison Execution Report -- Part A and CDCR Form 2183, San Quentin State Prison Execution Report, Part B.
(c) The Security Sub-Team shall:
(1) Escort the inmate from the Lethal Injection Facility Holding Area to the execution room.
(2) Secure the inmate to the gurney with restraints.
(3) Secure the inmate's hands to the arm rests on the gurney with medical tape along with the following:
(A) Ensure that the inmate's hands are secured palm up to allow the Intravenous Sub-Team access to the necessary veins.
(B) Secure the inmate's fingers to the gurney in the extended position.
(d) The Team Leader shall:
(1) Ensure that the inmate is properly secured.
(2) Ensure the restraints do not inhibit the inmate's circulation.
(3) Excuse the Security Sub-Team to wait on standby in an adjacent room.
(4) Remain in the room to supervise the insertion of the catheters by the Intravenous Sub-Team.
(5) Exit the execution room and report to the Infusion Control Room to monitor the execution.
(e) The Intravenous Sub-Team shall:
(1) Enter the execution room immediately after the Security Sub-Team exits.
(2) Inspect the restraints to ensure that they do not restrict the inmate's circulation or interfere with the insertion of the catheters.
(3) Insert two catheters into pre-designated veins, as identified in subsection 3349.3(c)(3).
(4) As each catheter is inserted, inform an Intravenous Sub-Team member in the Infusion Control Room to initiate the intravenous drip.
(5) Designate primary and back-up intravenous lines.
(6) Inform the Warden when the intravenous lines have been successfully established.
(7) One Intravenous Sub-Team member shall exit the execution room and report to the Infusion Control Room to continuously monitor the saline drips.
(8) One Intravenous Sub-Team member shall remain in the execution room to continuously monitor the intravenous lines. This Intravenous Sub-Team member shall stand next to the inmate and assess the consciousness of the inmate throughout the execution.
(f) The Warden shall:
(1) Take a position in the execution room in close proximity to the inmate.
(2) Confirm with both the State Supreme Court and the Attorney General's Office there is no matter pending before any court that precludes the execution from proceeding.
(3) Confirm with the Governor's Office that there is no matter pending that precludes the execution from proceeding.
(4) Ensure a statement is read detailing the court order mandating the execution.
(5) Provide an opportunity for the inmate to make a brief final statement on the public address system. After the statement is made, the public address system will be turned off.
(6) Direct the Infusion Sub-Team to administer the Lethal Injection Chemicals and saline.
(g) Infusion.
(1) The infusion of Lethal Injection Chemicals and saline shall begin with Tray A using the intravenous catheter designated as primary.
(2) The saline drip in the intravenous catheter that was designated primary infusion will be stopped prior to the injection of the first syringe. The saline drip in the back-up intravenous line will be continually maintained.
(3) If at any time during the infusion of the Lethal Injection Chemicals and saline, the primary intravenous catheter fails, the Warden shall be notified and direct that the lethal injection process using the primary intravenous catheter and the chemicals on Tray A be discontinued and the entire sequence begin again using the back-up intravenous catheter and the Lethal Injection Chemicals and saline on Tray B in the same sequence as noted below.
(4) A Record Keeping Sub-Team member in the Infusion Control Room shall initiate a ten minute count down at the start of the infusion of syringe #1 (sodium thiopental).
(5) Beginning with Tray A and using the primary intravenous catheter, the Lethal Injection Chemicals and saline shall be administered as follows:
(A) #1-60cc syringe: 1.5 grams sodium thiopental shall be administered, followed by a consciousness assessment of the inmate; the Intravenous Sub-Team Member shall brush the back of his/her hand over the inmate's eyelashes, and speak to and gently shake the inmate. Observations shall be documented. If the inmate is unresponsive, it will demonstrate that the inmate is unconscious. The process shall continue as follows:
(B) #2-60cc syringe: 1.5 grams sodium thiopental shall be administered.
(C) #3-60cc syringe: 50 cc saline flush shall be administered, followed by another assessment of consciousness as outlined above. Observations shall be documented. At this point if the inmate is determined to be unconscious, the Warden shall authorize the lethal injection process to proceed in the following sequence:
(D) #4-60cc syringe: 50 milligrams pancuronium bromide.
(E) #5-60cc syringe: 50cc saline flush.
(F) #6-60cc syringe: 100 milliequivalents potassium chloride.
(G) #7-60cc syringe: 100 milliequivalents potassium chloride.
(H) #8-60cc syringe: 50cc saline flush.
(6) If, following the administration of syringe #2 and syringe #3, the assessment indicates the inmate is not unconscious, the Warden shall direct that the injection through the primary intravenous catheter be discontinued and the entire sequence re-initiated with the Lethal Injection Chemicals and saline on Tray B using the designated back-up intravenous catheter.
(7) The inmate's heart activity shall be monitored by an electronic device(s).
(8) The attending physician shall monitor the electronic device(s) showing the inmate's vital signs and determine when the inmate has expired. Death shall be determined and declared by a physician.
(9) If, in the event all eight syringes from Tray A have been administered, ten minutes has elapsed and death has not been determined, the Record Keeping Sub-Team member shall advise the Team Administrator, who will advise the Warden. The Warden shall then direct that the lethal injection process be repeated using the back-up intravenous catheter and the chemicals from Tray B in exactly the same sequence as noted above.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604 and 5054, Penal Code; United States Constitution, Amendment VIII; California Constitution, Art. 1, Sections 17, 27; and Baze v. Rees (2008) 553 U.S.35.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
§3349.4.6. Post Execution Procedure.
Note • History
(a) Immediately following the determination of death of the inmate, the Warden shall:
(1) Read a prepared statement notifying the witnesses the execution is complete.
(2) Have the curtains on the viewing windows closed and direct staff to escort the witnesses from the Lethal Injection Facility.
(b) Approximately one hour after the execution, the Warden shall issue a statement to the media advising the sentence has been carried out and announcing the time of death. At that time, the Warden shall make available the inmate's statement as described in subsection 3349.4.4(a)(2)(A).
(c) Following the official statement by the Warden at the press conference, the Warden shall exit the media center.
(d) The Public Information Officer shall:
(1) Immediately upon the Warden's announcement of death, usher the media witnesses directly to the media center where they will give pool commentary to the other assembled media.
(2) Accompany the Warden to the post-execution press conference and, after the Warden leaves, respond to questions that follow the Warden's official statement.
(3) Read the inmate's last statement to the press or announce that the inmate did not have a last statement.
(4) As soon as possible, but no longer than 30 minutes after commencement, conclude the press conference and usher all media off the prison grounds.
(5) Secure the media center and go to the Warden's office to field telephone inquires.
(e) The Litigation Coordinator shall assemble all appropriate reports and maintain the Master Execution File of records regarding the execution in the Warden's Office complex.
(f) After all witnesses have been escorted out of the Lethal Injection Facility:
(1) The Intravenous Sub-Team shall crimp closed and disconnect all intravenous lines, but shall not remove the lines from the inmate. Intravenous lines shall remain in place to allow review by the Marin County Coroner as necessary.
(2) Under the supervision of the Team Leader, the inmate's body shall be moved with care and dignity and placed in a post-mortem bag pending removal as pre-arranged with the contract mortuary.
(g) The Lethal Injection Facility shall be cleaned thoroughly after the inmate's body has been removed.
(h) The Security Sub-Team shall conduct a security inspection of the Lethal Injection Facility to ensure that all doors are secured and that no items were left behind.
(i) All unused chemicals shall be documented on the CDCR Form 2176 (06/10), Lethal Injection Chain of Custody-San Quentin State Prison and noted as to why they were not used. The Infusion Sub-Team shall transfer the unused chemicals to the Team Administrator who shall place them in the Lethal Injection Facility safe or refrigerator, as appropriate, to await proper disposal and note their transfer on the Chain of Custody form.
(j) The Intravenous Sub-Team shall complete a post-execution inventory of all supplies and equipment that were used by the Intravenous Sub-Team during the execution. The Intravenous Sub-Team shall give the inventory to the Team Administrator, who shall arrange for replacement and replenishment of supplies.
(k) The Team Leader shall:
(1) Sign the original CDCR Form 2176 (06/10), Lethal Injection Chain of Custody-San Quentin State Prison in the final signature block. The signed form shall remain with the Lethal Injection Chemicals.
(2) Secure the Lethal Injection Facility and return the keys to Main Control.
(3) Report directly to the Warden that the Lethal Injection Facility has been secured.
(l) Debriefing.
(1) The Team Administrator shall hold a debriefing and critique with all Lethal Injection Team members. All documents and records concerning the execution shall be collected by the Team Administrator for review.
(2) The Team Administrator shall assess the Lethal Injection Team members for the need for post trauma counseling.
(3) As soon as possible but no later than 24 hours after the execution, the Warden shall arrange for a confidential individual debriefing by appropriate staff with each Lethal Injection Team member. The purpose of the debriefing is to provide a confidential forum for the team member to discuss the impact of the execution on him or her and provide access to counseling services. A team member may be accompanied by a person of his or her choosing to the individual debriefing.
(m) Documentation -- Managerial Oversight.
(1) Immediately following the execution, the Team Leader shall complete a CDCR Form 2182, San Quentin State Prison Execution Report -- Part A.
(2) Each team member shall complete a CDCR Form 2183, San Quentin State Prison Execution Report -- Part B, documenting their actions and observations during the execution.
(3) Team members shall use identifiers assigned to their specific position (duties), rather than their names and/or classifications, when they submit their reports.
(4) The Team Leader shall assemble the complete Execution Report for review by the Team Administrator. The Execution Report shall include all appropriate supplemental reports.
(A) Following review by the Associate Warden, the Execution Report shall be routed through the Chief Deputy Warden for the Warden's review and signature.
(B) Any use of force shall be specifically documented and reviewed according to existing CDCR policy.
(5) A copy of the Execution Report shall be delivered to the Director, Division of Adult Institutions for review and follow up as needed.
(6) The original Execution Report shall be retained at San Quentin as part of the Master Execution File.
(7) The Record Keeping Sub-Team shall meet with the Team Leader, and ensure that all documentation has been completed. The documentation shall be reviewed and approved by the Team Administrator, and shall be hand delivered to the Warden for inclusion in the Master Execution File.
(n) Critique.
(1) Within 72 hours, the Warden shall conduct an after-action critique of the execution. The purpose of the critique will be to evaluate the execution from all operational perspectives, including compliance with this regulation.
(2) The critique shall be documented for inclusion in the Master Execution File.
(o) Return on Warrant of Death. After receipt of the Certificate of Death, the Warden shall complete the CDCR Form 2178 (01/09), Return on Warrant of Death, and forward it to the county from which the inmate was under sentence of death along with a copy of the Certificate of Death.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 190, 3600, 3603, 3604, 3605 and 5054, Penal Code; United States Constitution, Amendment VIII; and California Constitution, Art. 1, Sections 17, 27.
HISTORY
1. New section filed 7-30-2010; operative 8-29-2010 (Register 2010, No. 31).
Article 8. Medical and Dental Services
§3350. Provision of Medical Care and Definitions.
Note • History
(a) The department shall only provide medical services for inmates which are based on medical necessity and supported by outcome data as effective medical care. In the absence of available outcome data for a specific case, treatment will be based on the judgment of the physician that the treatment is considered effective for the purpose intended and is supported by diagnostic information and consultations with appropriate specialists. Treatments for conditions which might otherwise be excluded may be allowed pursuant to section 3350.1(d).
(b) For the purposes of this article, the following definitions apply:
(1) Medically Necessary means health care services that are determined by the attending physician to be reasonable and necessary to protect life, prevent significant illness or disability, or alleviate severe pain, and are supported by health outcome data as being effective medical care.
(2) Outcome Study means the definition, collection and analysis of comparable data, based on variations in treatment, concerning patient health assessment for purposes of improving outcomes and identifying cost-effective alternatives.
(3) Outcome Data mean statistics such as diagnoses, procedures, discharge status, length of hospital stay, morbidity and mortality of patients, that are collected and evaluated using science-based methodologies and expert clinical judgment for purposes of outcome studies.
(4) Severe pain means a degree of discomfort that significantly disables the patient from reasonable independent function.
(5) Significant illness and disability means any medical condition that causes or may cause if left untreated a severe limitation of function or ability to perform the daily activities of life or that may cause premature death.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Repealer of Article 8 (Sections 3370-3372) and new Article 8 (Sections 3350-3359) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16). For prior history see Register 77, No. 9.
2. Amendment of article heading, section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
3. Amendment of section heading, relocation of subsections 3350(a)-(c) to 3350.2(a)-(c), and new subsections (a)-(b)(3) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
6. Amendment of section heading, renumbering of subsections 3350(a)-(c) to 3350.2(a)-(c), and new subsections (a)-(b)(3) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-21-96 order including amendment of subsection (a) and new subsections (b)(4) and (b)(5) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3350.1. Medical and Dental Treatment/Service Exclusions.
Note • History
(a) Treatment refers to attempted curative treatment and does not preclude palliative therapies to alleviate serious debilitating conditions such as pain management and nutritional support. Treatment shall not be provided for the following conditions:
(1) Conditions that improve on their own without treatment. Examples include, but are not limited to:
(A) Common cold.
(B) Mononucleosis.
(C) Viral hepatitis A.
(D) Viral pharyngitis.
(E) Mild sprains.
(F) Benign oral lesions.
(G) Traumatic oral ulcers.
(H) Recurrent aphthous ulcer.
(2) Conditions that are not readily amenable to treatment, including, but not limited to, those which may be made worse by treatment with conventional medication or surgery, and those that are so advanced in the disease process that the outcome would not change with existing conventional or heroic treatment regimens. Examples include, but are not limited to:
(A) Multiple organ transplants.
(B) Temporomandibular joint dysfunction.
(C) Grossly metastatic cancer.
(D) Shrinkage and atrophy of the bony ridges of the jaws.
(E) Benign root fragments whose removal would cause greater damage or trauma than if retained for observation.
(3) Conditions that are cosmetic. Examples include, but are not limited to:
(A) Removal of tattoos.
(B) Removal of nontoxic goiter.
(C) Breast reduction or enlargement.
(D) Penile implants.
(E) Removal of existing body piercing metal or plastic rings or similar devices within the oral cavity, except for security reasons.
(F) Restoration or replacement of teeth for esthetic reasons.
(G) Restoration of any natural or artificial teeth with unauthorized biomaterials.
(b) Surgery not medically necessary shall not be provided. Examples include, but are not limited to:
(1) Castration.
(2) Vaginoplasty (except for Cystocele or Rectocele).
(3) Vasectomy.
(4) Tubal ligation.
(5) Extractions of asymptomatic teeth or root fragments unless required for a dental prosthesis, or for the general health of the patient's mouth.
(6) Removal of a benign bony enlargement (torus) unless required for a dental prosthesis.
(7) Surgical extraction of asymptomatic un-erupted teeth.
(c) Services that have no established outcome on morbidity or improved mortality for acute health conditions shall not be provided. Examples include, but are not limited to:
(1) Acupuncture.
(2) Orthoptics.
(3) Pleoptics.
(4) Root canals on posterior teeth (bicuspids and molars).
(5) Dental Implants.
(6) Fixed prosthodontics (dental bridges).
(7) Laboratory processed crowns.
(8) Orthodontics.
(d) Treatment for those conditions that are excluded within these regulations may be provided in cases where all of the following criteria are met:
(1) The inmate's attending physician or dentist prescribes the treatment as clinically necessary.
(2) The service is approved by the Dental Authorization Review committee and the Dental Program Health Care Review Committee for dental treatment, or the Institutional Utilization Management committee and the Headquarters Utilization Management committee for medical treatment. The decision of the review committee, as applicable, to approve an otherwise excluded service shall be based on:
(A) Available health and dental care outcome data supporting the effectiveness of the services as medical or dental treatment.
(B) Other factors, such as:
1. Coexisting medical or dental problems.
2. Acuity.
3. Length of the inmate's sentence.
4. Availability of the service.
5. Cost.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section, including relocation and amendment of old subsection 3354.1(a) to 3350.1(b), filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
4. New section, including renumbering and amendment of former subsection 3354.1(a) to 3350.1(b), filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-21-96 order including amendment of subsection (a), repealer of subsection (d)(2) and subsection renumbering, amendment of newly designated subsection (d)(2), repealer of newly designated subsection (d)(2)(A) and subsection relettering, and amendment of newly designated subsection (d)(2)(A) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
6. Amendment of subsections (d)(1)-(d)(2)(A) and (d)(2)(B)1. filed 10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007, No. 16).
8. New subsections (a)(1)(F)-(H), (a)(2)(D)-(E), (a)(3)(E)-(G), (a)(5)-(7) and (c)(4)-(8) and amendment of subsections (d)(1)-(2) and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 3-28-2012 order, including further amendment of subsection (d)(2), transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3350.2. Off-Site Health Care Treatment.
Note • History
(a) Each facility shall maintain contractual arrangements with local off-site agencies for those health services deemed to be medically necessary as defined in section 3350(b)(1), and that are not provided within the facility. Such services may include medical, surgical, laboratory, radiological, dental, and other specialized services likely to be required for an inmate's health care.
(b) When medically necessary services are not available for an inmate within a facility, the facility's chief medical officer or supervising dentist may request the institution head's approval to temporarily place that inmate in a community medical facility for such services.
(c) In an extreme emergency when a physician is not on duty or immediately available, the senior custodial officer on duty may, with assistance of on-duty health care staff, place an inmate in a community medical facility. Such emergency action shall be reported to the facility's administrative and medical officers-of-the-day as soon as possible.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section, including relocation and amendment of old subsections 3350(a)-(c) to 3350.2(a)-(c), filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
4. New section, including renumbering of former subsection 3350(a)-(c) to 3350.2(a)-(c), filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
6. Change without regulatory effect amending subsection (b) filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
§3351. Inmate Refusal of Treatment.
Note • History
(a) Health care treatment, including medication, shall not be forced over the objections of: a mentally competent inmate; the guardian of a mentally incompetent inmate; or a responsible relative of a minor inmate, except in an emergency, or as required to complete the examination or tests for tuberculosis infection, or to implement the treatment for tuberculosis disease, or unless the provisions of Probate Code sections 3200 et seq. or the procedures set forth in Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986, hereby incorporated by reference, are followed. An emergency exists when there is a sudden, marked change in an inmate's condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others, and it is impracticable to first obtain consent. When an inmate has executed an advance directive, pursuant to Probate Code sections 4600-4779 relating to the Durable Power of Attorney for Health Care, and Health and Safety Code sections 7185-7194.5 relating to the Natural Death Act, health care staff shall act in accordance with the provisions of that advance directive, as provided by law.
(b) An inmate may accept or decline any or all portions of a recommended dental treatment plan. The inmate's decision is reversible at any time and shall not prejudice future treatments. Refusals shall be documented for inclusion in the inmate's health record.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600, 5054, and 7570 et seq., Penal Code; Sections 3200 et seq., Probate Code; Thor v. Superior Court (Andrews) (1993) 21 Cal. Rptr.2d 357; Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986; Sections 4600-4779, Probate Code; and Sections 7185-7194.5, Health and Safety Code.
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of section and Note 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 section and Note filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-3-95 order including amendment of subsection (a) and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
5. Amendment of section and Note refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
7. Amendment of section and Note filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3352. Institutional Utilization Management Committee.
Note • History
(a) An Institutional Utilization Management (IUM) committee shall be established within each facility. The committee shall meet as often as necessary to approve or disapprove requests for medical services otherwise excluded by these regulations, review and manage referrals for specialty medical services, review and manage institutional and community hospital bed usage, review other available utilization management data, and report requested utilization management data to the Headquarters Utilization Management (HUM) committee. Committee decisions concerning the approval or disapproval of requests for medical services shall be rendered within 21 calendar days of the request of the treating physician.
(b) The committee shall:
(1) Consist of, but not be limited to, representatives from the health care staff of each institution.
(2) Consist of not less than three staff physicians.
(c) Committee decisions concerning the approval or disapproval of requests for medical services otherwise excluded by these regulations shall be based on criteria established in Section 3350.1(d). Only licensed physicians may vote on the approval or disapproval of a request for medical services. Committee decisions shall be documented in the inmate's health record. Those cases that receive committee approval, shall be forwarded along with all supporting documentation to the HUM committee. The treating physician shall notify the inmate of the committee's decision
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5023.2 and 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
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 filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
6. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
7. Renumbering of former section 3352 to new section 3353 filed 7-9-96; operative 7-9-96 (Register 96, No. 28).
8. New section filed 7-9-96; operative 7-9-96 (Register 96, No. 28).
9. Amendment of section heading, section and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-28-2012 order, including further amendment of section, transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3352.1. Headquarters Utilization Management Committee.
Note • History
(a) The Headquarters Utilization Management (HUM) committee shall meet as often as necessary to review cases approved by the Institutional Utilization Management (IUM) committee for otherwise excluded medical services, develop objective, evidence-based medical necessity criteria and utilization guidelines, provide oversight of referrals to specialty medical services, provide oversight of community hospital bed usage, develop case management processes for high medical risk and high medical cost patients, and develop policies and procedures to ensure statewide employment of a utilization management program. HUM committee decisions concerning the approval or disapproval of requests for medical services otherwise excluded by these regulations shall be based on criteria established in Section 3350.1(d).
(b) The HUM committee shall consist of, but not be limited to, the following:
(1) Deputy Director, Healthcare Operations or their designee.
(2) Statewide Medical Executive, or their designee.
(3) Deputy Medical Executive, Utilization Management,
(4) Physician representatives.
(5) Nursing representatives.
(6) Mental health representatives.
(c) Only licensed physicians may vote on decisions to approve or deny a request for an excluded service. Committee decisions concerning the approval or disapproval of requests for medical services shall be rendered within 60 calendar days of the initial request from the treating physician. All decisions shall be documented in the inmate's health record. The treating physician shall notify the inmate of the committee's decision regarding medical services.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5023.2 and 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section filed 7-9-96; operative 7-9-96 (Register 96, No. 28).
2. Amendment filed 10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007, No. 16).
4. Amendment of section heading, section and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-28-2012 order, including further amendment of section, transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3352.2. Dental Authorization Review Committee.
Note • History
(a) Each departmental institution shall establish a Dental Authorization Review (DAR) committee. The DAR shall be established for the purpose of:
(1) Approving or disapproving requests for:
(A) Otherwise excluded dental services.
(B) Deviations from treatment policy.
(C) Medically necessary treatment that requires a contract specialist to provide treatment at the local institution.
(D) Medically necessary treatments or consultations that cannot be accomplished at the local institution.
(2) Reviewing treatment recommendations for special dental care needs.
(b) DAR committee membership shall consist of:
(1) A staff dentist as Chairperson.
(2) A staff dentist as Vice-Chairperson.
(3) Any institutional dentist(s) providing dental services to inmates.
(4) Representatives from other institution services or divisions shall be invited, when appropriate, to committee meetings.
(c) DAR committee decisions shall be based on criteria established in section 3350.1(d). Committee decisions shall be documented in the inmate's unit health record. Cases that receive committee approval shall be forwarded, along with all supporting documentation, to the Dental Program Health Care Review Committee (DPHCRC). The treating dentist shall notify the inmate of the committee's decision.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section filed 10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007, No. 16).
3. Change without regulatory effect amending subsection (b) filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
4. Amendment of section and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-28-2012 order, including further amendment of subsections (b)(1)-(2), transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3352.3. Dental Program Health Care Review Committee.
Note • History
(a) The Dental Program Health Care Review Committee (DPHCRC) shall meet as often as necessary to review cases approved by the Dental Authorization Review (DAR) committee for otherwise excluded dental services. DPHCRC decisions shall be completed within 15 business days of receipt and shall be based on criteria established in Section 3350.1(d).
(b) The DPHCRC shall consist of, but not be limited to, the following:
(1) Chief Dentist, DAR, Inmate Dental Services Program (IDSP), DCHCS.
(2) Chief Dentist, Policy and Risk Management, IDSP, DCHCS.
(3) Chief Dentist, Training, IDSP, DCHCS
(4) A minimum of two (2) dentists, IDSP, DCHCS.
(c) Decisions to approve or deny requests for dental services which have been referred by the DAR committee shall require the attendance of a minimum of three (3) dentists, IDSP, DCHCS, at the applicable review committee, at least one of which must be a Chief Dentist or their designee, and shall be based upon the decision adopted by a majority of the DPHCRC members present.
(d) The treating dentist shall notify the inmate of the committee's decision regarding dental services. All decisions shall be documented in the inmate's health record.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-28-2012 order, including further amendment of subsection (a), transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3353. Informed Consent Requirement.
Note • History
When unusual, serious or major health care procedures are indicated and time and circumstances permit, the inmate's specific written informed consent shall be obtained before treatment is undertaken, except as otherwise provided in sections 3351 and 3364. If the inmate or the inmate's guardian or responsible relative objects to the recommended treatment, such objection shall be documented for inclusion in the inmate's health record.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including renumbering of former section 3352 to section 3353 and renumbering of former section 3353 to new section 3353.1 transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3353.1. Capacity for Informed Consent.
Note • History
An inmate shall be considered capable of giving informed consent if in the opinion of health care staff the inmate is:
(a) Aware that there is a physiological disorder for which treatment or medication is recommended.
(b) Able to understand the nature, purpose and alternatives of the recommended treatment, medication, or health care procedures.
(c) Able to understand and reasonably discuss the possible side effects and any hazards associated with the recommended treatment, medication, or health care procedures. An inmate shall not be deemed incapable of informed consent solely because of being diagnosed as mentally disordered, abnormal, or mentally defective.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Certificate of Compliance as to 2-21-96 order including renumbering of former section 3353 to new section 3353.1 transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3354. Health Care Responsibilities and Limitations.
Note • History
(a) Authorized staff. Only facility-employed health care staff, contractors paid to perform health services for the facility, or persons employed as health care consultants shall be permitted, within the scope of their licensure, to diagnose illness or, prescribe medication and health care treatment for inmates. No other personnel or inmates may do so.
(b) Inmate Workers. Only trained or certified inmates shall operate health care equipment. Inmates shall not be permitted to:
(1) Schedule appointments.
(2) Determine another inmate's access to health care services.
(3) Obtain blood samples.
(4) Administer blood.
(5) Introduce or discontinue intravenous infusions.
(6) Have access to surgical instruments, syringes, needles, medications, or health records except as otherwise specified in these regulations.
(7) Perform any task identified as a health care responsibility.
(c) Private Consultants. Health care personnel not employed by the department are not authorized to order treatment for an inmate. Such persons may offer opinions and recommendations for consideration by department health care staff as follows: An inmate or an inmate's responsible guardian or relative, or an attorney or other interested person wanting the inmate examined by a private physician, shall submit a written request to the institution head. The institution head shall, after consulting with the facility's chief medical officer grant the request unless convinced that specific case factors warrant denial. The fact of and reasons for such denial, and notice of the right to appeal the decision in writing to the director, shall be documented and given to the inmate or the person requesting the outside health care service. Costs of such private consultations or examinations shall be paid by the inmate or the person requesting the service.
(d) Emergency Health Care Attention. If an inmate is away from a facility for authorized reasons, such as assignment to a camp or transportation between institutions, becomes seriously ill or injured, emergency health care attention by available resources shall be obtained by the official in charge. Community physicians and hospitals shall be used if the inmate's condition does not permit prompt return to a department medical facility.
(e) Medical Sick Call. Each department facility confining inmates shall provide scheduled times and locations for general population inmates. A medical doctor, registered nurse, or medical technical assistant shall make daily visits to each nongeneral population housing unit to provide medical attention to inmates unable to use the sick call services provided for general population. Staff conducting sick call shall screen medical problems appearing to require further medical attention and shall evaluate requests for appointments with other medical staff. A facility physician shall personally visit each specialized housing unit at least once each week.
(f) Dental Priority Classification (DPC) codes: Inmates requesting dental treatment shall be evaluated and scheduled into one of the following categories:
(1) Emergency care category: A dental emergency, as determined by health care staff, includes any medical or dental condition for which evaluation and treatment are necessary to prevent death, severe or permanent disability, or to alleviate disabling pain. Immediate treatment shall be provided and will be available to such inmates 24 hours a day, 7 days a week.
(2) Urgent care category: Treatment of a dental condition of sudden onset or severe pain which prevents the inmate from carrying out essential activities of daily living; or sub-acute or unusual hard or soft tissue condition or pathology requiring early intervention. This category includes:
(A) DPC 1A: Such inmates shall receive treatment within one calendar day of diagnosis.
(B) DPC 1B: Such inmates shall receive treatment within 30 calendar days of diagnosis.
(C) DPC 1C: Such inmates shall receive treatment within 60 calendar days of diagnosis.
(3) DPC 2 Interceptive care category: Treatment of advanced caries, moderate or advanced periodontal pathology, or the provision of dentures. This category requires that inmates have over 6 months remaining to serve on their sentence within the department at the time DPC 2 care is initiated, and provides eligibility for DPC 2 care regardless of oral hygiene status. Such inmates shall receive treatment within 120 calendar days of diagnosis.
(4) DPC 3 Routine Rehabilitative care category: Treatment of caries not likely to become advanced within one year, mild periodontal pathology, or the provision of removable partial dentures. This category requires that inmates have over 12 months remaining to serve on their sentence within the department at the time DPC 3 care is initiated, and meet oral hygiene requirements. Such inmates shall receive treatment within one year of diagnosis.
(5) DPC 4 No dental care needed: Inmates not appropriate for inclusion in DPC 1, 2, 3 or 5.
(6) DPC 5 Special needs care: Inmates with special needs. These include inmates requiring dental care that is a deviation from treatment policy as well as treatments that may require a contract specialist or that cannot be accomplished at the institution.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of subsections (a), (b)(6)-(7), (c) and (d) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (a), (b)(6)-(7), (c) and (d) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of section heading and subsections (a), (b)(6)-(7), (c) and (d) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsections (f)-(f)(2), new subsections (f)(2)(A)-(C), amendment of subsection (f)(3) and new subsections (f)(3)(A)-(f)(4)(D) filed 10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007, No. 16).
9. Amendment of subsections (f) and (f)(2)(A)-(f)(3), repealer of subsections (f)(3)(A)-(D), amendment of subsection (f)(4), repealer of subsections (f)(4)(A)-(D), new subsections (f)(5)-(6) and amendment of Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 3-28-2012 order, including further amendment of subsections (f)(2), (f)(3) and (f)(4), transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3354.1. Elective Surgery. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Repealer, including relocation of subsection 3354.1(a) to 3350.1(b), filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Repealer, including renumbering of subsection 3354.1(a) to 3350.1(b), filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§3354.2. Inmate Copayment for Health Care Services.
Note • History
(a) The terms below are defined for the purposes of this section:
(1) Inmate-initiated means that the inmate sought health care services through Department staff, or reported to health care staff for consultation and/or treatment without having first been contacted or scheduled by health care staff.
(2) Health care services means medical, mental health, dental, pharmaceutical, diagnostic and ancillary services to identify, diagnose, evaluate, and treat a medical, psychiatric, or dental condition.
(3) Health care staff means those persons licensed by the state to provide health care services, who are either employed by the Department or are under contract with the Department to provide health care services.
(b) Inmates shall be provided an opportunity to report an illness or any other health problem and receive an evaluation of the condition and medically necessary treatment and follow-up by health care staff.
(c) Inmates shall be charged and inmates shall pay a fee of five dollars ($5.00) for each inmate-initiated health care visit. The fee for this visit shall:
(1) Cover the evaluation, assessment, and medically necessary treatment, including follow-up services that relate to the initial condition and which are determined by health care staff to be necessary.
(2) Be charged for subsequent dental services provided in accordance with a prescribed dental treatment plan. Such services shall not be considered as a follow-up service as described in Section 3354.2(c)(1) and shall be subject to a copayment unless the visit was initiated by the dental care provider.
(3) Be charged to the trust account of the inmate. When the inmate is without sufficient funds at the time for the charge, and remains without sufficient funds for 30 days after this time, the inmate shall not be charged for any remaining balance of the fee.
(4) Be waived for the following:
(A) Emergencies: any medical or dental condition for which evaluation and therapy, as determined by health care staff, are immediately necessary to prevent death, severe or permanent disability, or to alleviate or lessen objectively apparent and disabling pain. Signs of objectively apparent and disabling pain may include, but are not limited to, visible injuries, high blood pressure, rapid heart rate, sweating, pallor, involuntary muscle spasms, nausea and vomiting, high fever, and facial swelling. Emergency also includes, as determined by health care staff, necessary crisis intervention for inmates suffering from situational crises or acute episodes of mental illness.
(B) Diagnosis and treatment of communicable disease conditions as outlined in Title 17, Chapter 4, Subchapter 1, Section 2500 of the California Code of Regulations, including human immunodeficiency virus and Acquired Immunodeficiency Syndrome.
(C) Diagnosis and necessary mental health treatment for which there is a clinical determination of mental illness.
(D) Follow-up health care services defined as any request or recommendation by a member of the health care staff to provide subsequent health care services.
(E) Health care services necessary to comply with state law and/or regulations that shall include, but not be limited to, annual testing for tuberculosis.
(F) Reception center health screening and evaluation.
(G) Inpatient services, extended care, or skilled nursing services.
NOTE
Authority cited: Sections 5007.5 and 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section filed 9-21-94 as an emergency; operative 9-21-94 (Register 94, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-19-95 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-21-94 order transmitted to OAL 1-18-95 and filed 2-27-95 (Register 95, No. 9).
3. Amendment of subsection (c)(1) and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2012 order, including further amendment of subsection (c)(1), new subsection (c)(2) and subsection relettering, transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3355. Health Care Examinations.
Note • History
(a) Initial Examination. Every person newly committed or returned to the custody of the Secretary of the California Department of Corrections and Rehabilitation shall be examined by health care staff for contagious diseases, illness, or other health conditions within 24 hours of arrival. In addition, female inmates will also be screened for pregnancy.
(b) Transfers. Inmates received on transfer from other facilities shall be interviewed by health care staff at the receiving facility within 24 hours of arrival. The health record of each new arrival shall be reviewed to determine the need for previously prescribed medications or continuing treatment for unusual or chronic health problems. Sending facility health care staff shall notify the receiving facility and any anticipated layover facilities regarding any inmate's need, as in the case of diabetics, for maintenance medications while en route and after arrival.
(c) Camp Assignment. Inmates shall be personally screened by a medical officer before receiving medical clearance for assignment to a camp or fire fighting assignment. Such inmate shall be in generally good health and physically capable of strenuous and prolonged heavy labor without danger to the inmate's health and safety or the safety of others when involved in hazardous work such as forest firefighting. Exceptions: an inmate may be assigned to light duty non-hazardous work in camp if a department physician specifically approves such assignment.
(d) Releases. Each inmate shall be personally screened by health care staff prior to release to parole or discharge from a facility. Staff conducting such screening shall alert the inmate's parole agent regarding any current health problems and shall provide the inmate with any necessary maintenance medication until the releasee can obtain medication in the community.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of section heading and subsections (b) and (d) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and subsections (b) and (d) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of section heading and subsections (b) and (d) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of subsection (b) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsection (a) filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
Note • History
(a) Reception Centers. Newly arriving inmates at a reception center, including new commitments and parole violators, shall receive an initial health screening by a licensed health care provider to identify urgent/emergent dental needs. Within sixty (60) calendar days of an inmate's arrival at a reception center, a dentist shall perform a dental screening. Dental treatment provided to reception center inmates shall be limited to the treatment of Emergency and Urgent Care dental conditions, as defined in Section 3354(f)(1) and 3354(f)(2). Inmates who remain in a reception center for ninety (90) days or longer may submit a CDC Form 7362 (Rev. 03/04) Health Care Services Request Form, which is incorporated by reference, to request DPC 2 care (excluding prosthetics). Upon receipt of a CDC Form 7362, the dentist shall exercise professional judgment in considering treatment for a DPC 2 condition for the inmate.
(b) Assigned Facility. Upon arrival at a program facility all inmates shall be notified that they are eligible to receive an initial comprehensive dental examination performed by a dentist who shall formulate and document a dental treatment plan. The inmates shall be notified that no copayment is required for this service.
(1) When a treatment plan is proposed, the inmate shall be provided an explanation of its advantages and disadvantages.
(2) Each inmate's dental health history shall be documented at the time of initial examination and signed by the inmate and witnessed by the dentist. Such history shall be available and reviewed at each dental visit.
(3) Inmates with a plaque index score above 20% or who refuse oral hygiene instruction shall receive only Emergency Care, Urgent Care, Interceptive Care, and/or Special Needs Care, as these terms are described in Subsections 3354(f)(1), 3354(f)(2), 3354(f)(3), and 3354(f)(6), respectively.
(c) Within the second trimester of gestation and regardless of their plaque index score, pregnant inmates shall receive a comprehensive dental examination, periodontal examination, oral hygiene instruction, and the necessary periodontal treatment in order to maintain periodontal health during the gestation period.
(d) Reexamination. After the initial comprehensive dental examination, all program facility inmates shall be notified that they are eligible to receive a periodic comprehensive dental examination by a dentist with no copayment required as follows:
(1) Every two (2) years (biennially), until the age of fifty (50).
(2) Annually after the age of 50 and regardless of age if the inmate is diagnosed with diabetes, HIV, seizure disorder or pregnancy.
(e) Restraints. If an inmate requiring dental treatment also requires use of restraint gear, such restraints shall be selected to enable sitting in a dental chair and shall remain in place during the treatment. Exceptions require concurrence of the dentist, the escorting officer, and a lieutenant. For pregnant inmates, the rules provided in subsections 3268.2(b) and (d) concerning the use of restraints shall be followed.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3424 and 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. New section filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of subsection (b) and new Note filed 4-18-2007; operative 4-18-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 16).
3. New subsection (c), subsection relettering, amendment of newly designated subsection (e) and amendment of Note filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
4. Amendment of section heading, section and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-28-2012 order, including further amendment of section, transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3355.2. Treatment for Pregnant Inmates.
Note • History
(a) Inmates identified as possibly being pregnant during the initial health examination will be scheduled for laboratory work to verify the pregnancy within three business days of arrival at the institution.
(b) Confirmed pregnant inmates, within seven days of arrival at the institution, will be scheduled for an obstetrics (OB) examination by an Obstetrical Physician or Obstetrical Nurse Practitioner (NP) wherein:
(1) A term of pregnancy and a plan of care will be determined.
(2) Diagnostic studies will be ordered, if needed.
(c) Pregnant inmates shall be scheduled OB visits as follows, unless otherwise indicated by the OB physician or NP:
(1) Every 4 weeks in the first trimester up to 24-26 weeks gestation.
(2) Every 3 weeks thereafter up to 30 weeks gestation.
(3) Every 2 weeks thereafter up to 36 weeks gestation.
(4) Weekly after 36 weeks up to delivery.
(d) Pregnant inmates housed in a multi-tier housing unit will be issued a CDC Form 7410 (Rev. 08/04), Comprehensive Accommodation Chrono, which is incorporated by reference, for lower bunk and lower tier housing.
(e) Pregnant inmates who have used heroin within three days prior to incarceration, either by her own admission or written documentation by a parole agent, or are currently receiving methadone treatment, shall be enrolled in the Methadone Maintenance Program and recommended for immediate transfer to the California Institution for Women.
(f) Community treatment programs. Any community treatment program developed for eligible pregnant and/or parenting female inmates in addition to the Family Foundations Program, shall include, but not be limited to:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.
(g) Any inmate who gives birth after her receipt by the Department shall be provided notice of, and a written application for, a community treatment program. At a minimum, the notice shall contain:
(1) Guidelines for qualification.
(2) Timeframe for application.
(3) Process for appealing a denial of admittance.
(h) A pregnant inmate who is not eligible for a community treatment program shall have access to complete prenatal health care, which shall include:
(1) A balanced, nutritious diet per subsection 3050(a).
(2) Prenatal and postpartum information and health care, including, but not limited to, necessary vitamins as prescribed by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) Dental care pursuant to subsection 3355.1(c).
(i) Each pregnant inmate shall be referred to a Medical Social Worker. The Medical Social Worker shall:
(1) Discuss with the inmate, the options available for the placement and care of the child after delivery.
(2) Assist the pregnant inmate with access to a phone in order to contact relatives regarding newborn placement.
(3) Oversee the placement of the newborn child.
(j) A pregnant inmate may be temporarily taken to a hospital outside the institution for the purposes of childbirth and shall be transported in the least restrictive way pursuant to the rules provided in subsections 3268.2(b) and (d). A pregnant inmate in labor shall be treated as an emergency and shall be transported via ambulance to the outside facility, accompanied by custody staff.
(k) A pregnant inmate may elect to have a support person present during child birth. The support person may be an approved visitor or the institution's staff designated to assist with prenatal, labor and postpartum care. The approval for the support person will be made by the institution's Warden or designee. If a pregnant inmate's request for an elected support person is denied, reason for the denial shall be provided in writing to the inmate within 15 working days of receipt of the request. The written denial must address the safety/security concerns for the inmate, infant, public, and/or staff. Upon receipt of a written denial, the pregnant inmate may then choose the approved institution staff to act as the support person.
(l) Postpartum care. Upon return to the institution, any inmate who delivers a child via C-Section, shall be admitted to the Outpatient Hospital Unit (OHU) or Correctional Treatment Center (CTC). Any inmate who delivers a child vaginally shall be assessed in the Triage and Treatment Area (TTA) to determine the appropriate housing and to initiate postpartum care.
(1) Orders for routine postpartum care shall be initiated by the Registered Nurse (RN) in the TTA, CTC, or OHU.
(2) The Supervising Obstetrician or RN/NP shall:
(A) Determine when the inmate is cleared for housing in the general population.
(B) Complete the medical lay-in.
(3) The inmate shall have a six week postpartum examination. At the examination, the Supervising Obstetrician or RN/NP shall determine whether the inmate may be cleared for full duty or if medical restrictions are still warranted.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3419, 3423, 3424, 5007.7 and 5054, Penal Code.
HISTORY
1. New section filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
§3356. Health Care Treatment for Parolees.
Note • History
(a) Community Treatment. Health care for parolees shall normally be provided by private physicians and community medical facilities, as desired by the parolee and at the parolee's own expense.
(b) Facility Treatment. When a parolee requires medical, surgical, psychiatric, or dental care of an emergency nature and community resources are not available or lack the security required for retention and treatment of the parolee, the district parole administrator or their designee may arrange with the facility chief medical officer or supervising dentist the chief psychiatrist for the parolee's return to department custody for emergency treatment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of section heading and subsection (a) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of section heading and subsection (a) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of section heading and subsection (a) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsection (b) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
8. Change without regulatory effect amending subsection (b) filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
Note • History
(a) The institution head shall maintain a valid service agreement with local mortuaries to provide services such as cremation, transportation, and/or other services related to the disposition of a deceased inmate's body.
(b) When an inmate's death occurs away from an institution/facility, the body of the deceased shall, unless the county coroner orders otherwise, be released to a licensed funeral director in the community where the death occurred.
(c) If the deceased is known to have had a communicable disease which presents a threat to the public health and safety, health care staff shall notify the contract mortuary and public agencies as required by California Code of Regulations, Title 17, Section 2500, and Health and Safety Code Sections 1797.188 and 1797.189.
(d) A chaplain of the decedent's professed faith may perform a ceremony in accordance with that faith.
(e) Staff shall review the decedent's central file and locate the current CDC Form 127 (Rev. 05/00), Notification in Case of Inmate Death, Serious Injury, or Serious Illness to identify the inmate's next of kin or person(s) to be notified, and to determine the existence of a will.
(f) Staff shall attempt to notify individual(s) listed on the CDC Form 127 as the person(s) to be notified of the death, in person, or, if personal contact is not practical, by telephone. Staff shall send a telegram notification to the next-of-kin, person(s) to be notified as listed on the CDC Form 127, and/or legally appointed representative, offering consolation, which shall include:
(1) The name and address of the funeral director to whom the body has been or will be released;
(2) A request for instructions on disposition of the body at the family's or designee's expense, within 48 hours, to preclude disposition by the state; and
(3) The name and telephone number of a staff member who may be contacted for additional information.
(g) If after 10 days the next-of-kin or legally appointed representative fails to claim or direct disposition of the decedent's body, or notifies the department within ten days that he or she does not assume responsibility for burial without expense to the state, the decedent shall be considered unclaimed. If the body is unclaimed, the institution/facility shall make arrangements for use of state materials or services as necessary in accordance with Penal Code Section 5061. All money and personal property shall be inventoried and released in accordance with Penal Code 5061, upon direction from the Associate Warden of Business Services or other staff designated by the institution head.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2082, 5021, 5022, 5054 and 5061, Penal Code; Sections 1797.188, 1797.189, 7104, 7200, 7201 and 7302, Health and Safety Code; and Sections 12525, 27491, 27491.2 and 27491.3, Government Code.
HISTORY
1. Amendment filed 7-16-92; operative 8-15-92 (Register 92, No. 29).
2. Amendment of subsections (b), (c), (f) and Note filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsections (b), (c), (f) and Note refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of subsections (b), (c), (f), and Note filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of section and Note filed 8-28-2000; operative 9-27-2000 (Register 2000, No. 35).
Note • History
(a) Appliance Categories. Appliances include but are not limited to eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic braces and shoes, and hearing aids. An inmate's need for such appliance shall be based on medical necessity as described in section 3350(b)(1).
(b) Possession of Appliance. No inmate shall be deprived of a prescribed orthopedic or prosthetic appliance in the inmate's possession upon arrival into the department's custody or properly obtained while in the department's custody unless a department physician or dentist determines the appliance is no longer needed and the inmate's personal physician, if any, concurs in that opinion. If an inmate's dental prosthetic appliance is confiscated for safety and security reasons, a dentist shall be notified by the next business day to determine whether the inmate will require any accommodations due to the loss of the prosthetic appliance.
(c) Purchase of Appliance. Prescribed appliances shall be provided at state expense if an inmate is indigent, otherwise the inmate shall purchase prescribed appliances through the department or an approved vendor as directed by the chief medical officer or supervising dentist. Departmental dentists shall not order prescribed dental appliances made from precious metal, and departmental dentists or dental laboratories shall not perform repairs to existing dental prosthesis made from precious metal. If an inmate's existing dental appliance made from precious metal needs repair, the dentist shall offer the inmate the option of having a new prosthesis made. When a prescribed appliance is to be provided the inmate shall sign a CDC Form 193, Trust Account Withdrawal Order (Rev. 1/88), to pay for the materials.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Perez, et al. v. Cate, et al., USDC no. 3:05-cv-05241-JSW (No. Cal.).
HISTORY
1. Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of subsection (a) and repealer of subsections (a)(1)-(3) filed 2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) and repealer of subsections (a)(1)-(3) refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed 2-17-95 by operation of Government Code section 11346.1(f) (Register 96, No. 8).
5. Amendment of subsection (a) and repealer of subsections (a)(1)-(3) filed 2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of subsection (c) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsection (b) filed 10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 10-3-2006 order, including amendment of subsection (c), transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007, No. 16).
9. Change without regulatory effect amending subsection (c) filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
10. Amendment of subsections (b) and (c) and Note filed 3-28-2012 as an emergency; operative 3-28-2012 (Register 2012, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-4-2012 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-28-2012 order transmitted to OAL 9-4-2012 and filed 10-4-2012 (Register 2012, No. 40).
§3359. Donation and Sale of Blood.
Note • History
Institution heads may permit, subject to acceptance by a blood collection agency, inmates to donate blood for charitable and research purposes or to sell their blood only when needed blood cannot be reasonably and readily obtained from other sources. When a blood sale is authorized, the inmate must receive from the purchaser a payment equal to the current market price for purchases of the same type blood. The facility may impose an additional charge to the purchaser to retrieve the cost of department resources used in the drawing of the blood. Proceeds of such charges shall be deposited in the inmate welfare fund.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
§3359.1. Medical Parole General Policy.
Note • History
(a) Pursuant to Penal Code section 3550, an inmate who is found to be permanently medically incapacitated, as defined in (a)(1) below, with a medical condition that renders him or her permanently unable to perform the activities of daily living and results in the inmate requiring 24-hour care, shall be referred to the Board of Parole Hearings, within 30 working days of the Chief Medical Officer or Chief Medical Executive determination, if all of the following conditions exist:
(1) The inmate is permanently medically incapacitated with a medical condition that renders him or her permanently unable to perform activities of basic daily living and results in the inmate requiring 24-hour care. Activities of basic daily living are breathing, eating, bathing, dressing, transferring, elimination, arm use, or physical ambulation.
(2) The medical/physical limitations documented in subsection (a)(1) above did not exist at the time the inmate was sentenced to the current incarceration.
(3) The inmate is not serving a life sentence without the possibility of parole.
(4) The inmate is not sentenced to death.
(b) A request for an inmate to be considered for medical parole may be initiated by any of the following:
(1) The inmate's primary care physician.
(2) The inmate's immediate family member, as defined in section 3000.
(3) An attorney or other individual appropriately authorized to initiate such actions on behalf of the inmate.
(4) The inmate.
(c) Requests from individuals described in subsection (b)(2)-(4) above shall not be considered if the inmate's primary care physician has previously reviewed an inmate's eligibility for medical parole within the last 90 days.
(d) The inmate shall be granted medical parole if the Board of Parole Hearings determines the conditions under which the inmate would be released would not reasonably pose a threat to public safety.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order, including amendment of subsection (b)(3), new subsection (b)(4) and amendment of subsection (c), transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
§3359.2. Medical Parole Processing.
Note • History
(a) The inmate's primary care physician shall refer the inmate for medical parole to the Chief Medical Officer (CMO) or Chief Medical Executive (CME) of the institution where the inmate is housed, utilizing the CDCR Form 7478 (12/10), Medical Parole Form, which is incorporated by reference, along with any other documentation the inmate's primary care physician or designee considers useful in determining the inmate's eligibility for medical parole. The inmate's primary care physician or designee shall also ensure the CDCR Form 7385-MP (03/11), Medical Parole Authorization for Release of Information, which is incorporated by reference, is completed and signed by the inmate or inmate's designee.
(b) The CMO or CME shall review the CDCR Form 7478 and any other documentation submitted by the inmate's primary care physician, and make a determination as to the inmate's eligibility for medical parole based on the inmate's medical case factors as described in subsections 3359.1(a)(1)-(2).
(1) If the CMO or CME does not concur with the primary care physician's recommendation, he or she shall note on the CDCR Form 7478 the reason for the denial, and will sign and return the CDCR Form 7478 to the primary care physician, within three working days. The CMO or CME, or designee, shall notify the inmate and/or the inmate's designee of the reason for denial in writing within 30 working days.
(2) If the CMO or CME concurs with the primary care physician's recommendation, he or she shall sign and forward the CDCR Form 7478 and any supporting documentation to the institution's Classification and Parole Representative (C&PR), within three working days.
(c) Upon receipt of the CDCR Form 7478, the C&PR shall review the inmate's Central File to determine the inmate's statutory eligibility for medical parole as described in subsections 3359.1(a)(3)-(4).
(1) If the inmate does not meet the statutory requirements, the C&PR shall note the reason for denial on the CDCR Form 7478 and shall sign and return the form to the CMO or CME within three working days. The CMO or CME, or designee, shall notify the inmate and/or the inmate's designee of the reason for denial in writing within 30 working days.
(2) If the inmate meets the statutory requirements, the C&PR shall complete and sign the CDCR Form 7478 and return the form to the CMO or CME, and attach the information outlined in subsections 3359.2 (d)(10)-(15), within three working days, and shall request that the inmate's caseworker prepare an evaluation report.
(d) The inmate's caseworker shall complete the evaluation report and submit it to the C&PR within five working days, including the following information and attachments:
(1) Inmate's name and CDC number.
(2) Current commitment offense, brief description of crime, and sentence.
(3) County of commitment and County of Last Legal Residence.
(4) Prior juvenile and adult criminal history (include all arrests and convictions).
(5) Active or potential holds, warrants, and detainers.
(6) Institutional adjustment including, rule violation reports, counseling chronos, pending disciplinary actions, gang/disruptive group information, placement score, current housing assignment, work/education assignments, participation in self-help activities, and other information deemed pertinent to the inmate's case factors.
(7) Mental health and/or developmental disability status/information.
(8) California Static Risk Assessment (CSRA) Score, as described in section 3768.1, if available.
(9) Any victim(s)/victim(s) next of kin notifications.
(10) Abstract of Judgment for the inmate's current commitment offense.
(11) Probation Officer's Report for the inmate's current commitment offense.
(12) Legal Status Summary.
(13) Institutional Staff Recommendation Summary.
(14) Criminal Identification and Information Number issued by the California Department of Justice, Bureau of Identification.
(15) Most recent CDC Form 128-G (Rev. 10/89), Classification Chrono, with the inmate's full case factors.
(e) The C&PR shall review the evaluation report and attachments and forward the package to the Warden or Chief Deputy Warden, within three working days.
(f) The Warden or Chief Deputy Warden shall review, sign, and forward the original evaluation report and attachments to the Classification Services Unit, within three working days.
(g) Upon receipt of the original CDCR Form 7478 as noted in subsection 3359.2(c)(2), and the information outlined in subsections 3359.2(d)(10)-(15), the CMO or CME shall forward the documents, along with the completed CDCR Form 7385-MP to the designated California Prison Health Care Services office, who shall identify suitable placement for the inmate, document the placement plan information on the CDCR Form 7478, and forward all the documents referenced in this subsection to the appropriate Division of Adult Parole Operations (DAPO) Re-entry Unit, within eight working days.
(h) DAPO Re-Entry Unit staff shall forward the CDCR Form 7478, CDCR Form 7385-MP, and attachments to the appropriate parole unit, where the assigned parole agent shall review the recommended placement plan. Within eight working days, the parole agent shall document his/her assessment of the placement plan on the CDCR Form 7478 and forward a copy to the designated California Prison Health Care Services staff, along with a copy of the CDCR Form 1515-MP (02/11), Conditions of Medical Parole, which is incorporated by reference, noting approval or disapproval of the proposed placement and any conditions of medical parole. The assigned parole agent shall also forward the original CDCR Form 7478, CDCR Form 7385-MP, and CDCR Form 1515-MP to the Classification Services Unit.
(1) If the identified placement plan is not approved, the parole agent shall document the reason for the disapproval on the CDCR 7478 and return the original form to the California Prison Health Care Services office, for consideration of an alternative placement.
(i) The Classification Services Unit shall review the CDCR Form 7478, CDCR Form 7385-MP, evaluation report, and CDCR Form 1515-MP, for completeness, and forward to the Board of Parole Hearings within three working days, after receiving the entire packet.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
Note • History
(a) Upon the Board of Parole Hearings' approval of medical parole, the Classification and Parole Representative (C&PR) shall be notified to ensure a medical parole packet is processed, and required Penal Code notifications are completed. The C&PR shall forward the packet to the parole unit that will supervise the medical parolee, within five working days.
(b) If the inmate is already housed in the community, the parole agent of record shall collaborate with the institution to complete parole release documents.
(c) The assigned parole agent shall contact the local law enforcement agency to notice the agency of any required Penal Code registration(s).
(d) The inmate's Central File shall be forwarded to the institution designated by the Director, Division of Adult Institutions, with oversight of the medical parolee.
(e) Release allowances, as defined in subsection 3075.2(d), will not be issued to inmates on medical parole until the inmate transitions to parole pursuant to PC Section 3000.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order, including new subsection (e), transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
§3359.4. Classification, Case Records, and Life Prisoner Processes.
Note • History
(a) While on medical parole, the offender's classification processes, pursuant to California Code of Regulations, Title 15, Division 3, shall be suspended.
(b) Inmates sentenced to an indeterminate prison term shall continue to have life parole consideration hearings. The institution designated by the Director, Division of Adult Institutions will be responsible for processes related to life prisoner parole consideration hearings.
(c) Case Records functions of inmates on medical parole shall be managed by an institution designated by the Director, Division of Adult Institutions.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
§3359.5. Medical Parole Supervision.
Note • History
(a) Pursuant to the provisions of section 3504, the assigned parole agent shall conduct a face to face contact with the inmate at the placement location and conduct an initial interview, if possible, to include the following:
(1) Digital photograph.
(2) CDCR Form 1650-MP (02/11), Medical Parole Initial Interview/Contact, which is incorporated by reference.
(b) Inmates released on medical parole shall have general and/or special conditions of medical parole documented on the CDCR Form 1515-MP (02/11), Conditions of Medical Parole. These conditions shall remain in effect from the date of release to medical parole until transition to parole pursuant to Penal Code section 3000.
(1) In the event the medical parolee does not comprehend, or is otherwise not capable of signing the CDCR Form 1515-MP, the conditions of medical parole will be imposed.
(2) In the event the inmate refuses to sign the conditions of medical parole, the case will be referred to the Board of Parole Hearings.
(3) Inmates released to medical parole, who are required to register pursuant to Penal Code section 290, are not required to submit to continuous electronic monitoring, pursuant to Penal Code section 3010, until the medical parolee commences serving the period of parole provided by, and under the provisions of, Penal Code section 3000. However, electronic monitoring may be added as a condition of medical parole, pursuant to Penal Code section 3550(h).
(4) When a special condition of medical parole is imposed by the Division of Adult Parole Operations and no longer applies to the medical parolee, a parole unit supervisor or higher-level staff person may remove or modify the special condition of medical parole.
(5) When a special condition of medical parole is imposed by the Board of Parole Hearings, only the Board of Parole Hearings may remove or modify the special condition of medical parole.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
§3359.6. Removal from Medical Parole.
Note • History
(a) The inmate's treating physician, any other physician selected by the Board of Parole Hearings (BPH), or the parole agent may make a recommendation to BPH to return a medical parolee to the custody of the Division of Adult Institutions (DAI) under the following circumstances:
(1) The inmate's treating physician or physician selected by BPH has conducted a medical examination of the medical parolee and has made a determination that his or her condition has improved to the extent that the medical parolee no longer qualifies for medical parole.
(2) The parole agent has made a determination that the medical parolee is a threat to himself or herself, another person, or to public safety, or there has been a significant change in his or her conditions of release.
(b) The parole agent shall contact the Director, Division of Adult Parole Operations, or designee, and request that the medical parolee be placed on suspended medical parole status, pending review by BPH to return the medical parolee to the custody of DAI or placement at an alternative location.
(c) The parole agent of record shall submit a CDCR Form 2219-MP (02/11) Medical Parole Status Change, which is incorporated by reference, to the Chief Deputy Commissioner, BPH, with a recommendation for removal from medical parole or placement at an alternative location.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-29-2011 order transmitted to OAL 10-5-2011 and filed 11-10-2011 (Register 2011, No. 45).
§3359.7. Non-Citizen Inmates. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3550 and 5054, Penal Code.
HISTORY
1. New section filed 4-29-2011 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 4-29-2011 (Register 2011, No. 17). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 10-6-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 45).
Article 9. Mental Health Services
§3360. Availability of Mental Health Services.
Note • History
(a) The department will provide a broad range of mental health services to inmates and parolees by assessing the needs of its population and developing specialized programs of mental health care, to the extent resources are available for this purpose. Necessary and appropriate mental health services will be provided to inmates and parolees, and adequate staff and facilities will be maintained for the delivery of such services.
(b) When an inmate is found to require mental health care not available within these resources, but which is available in the Department of Mental Health, the case will be referred to the director for consideration of temporary transfer to that department pursuant to Penal Code section 2684.
(c) Recognizing that many parolees have unique treatment needs not readily met by community mental health programs, and that the promptness and appropriateness of those needs affect public safety, the department provides outpatient clinics for parolees. These clinics are conducted in widely distributed locations throughout the state at times and places such that they are available to parolees, and that they shall maintain close working relationships with parole supervisors, paroling authorities, and the community in which the parolee resides.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2684 and 5054, Penal Code.
HISTORY
1. New Article 9 (Sections 3360-3369) filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
2. Amendment of section heading and subsection (b) 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. Certificate of Compliance as to 1-3-95 order including amendment of Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
Note • History
(a) All required mental health treatment or diagnostic services shall be provided under the supervision of a psychiatrist licensed to practice in this state, or a psychologist licensed to practice in this state and who holds a doctoral degree and has at least two years of experience in the diagnosis and treatment of emotional and mental disorders. Facilities for mental health treatment and diagnostic services shall be under the direction of such a psychiatrist or psychologist. A psychiatrist shall be available to assume responsibility for all acts of diagnosis or treatment that may only be performed by a licensed physician and surgeon.
(b) When an inmate or an inmate's guardian or relative, or an attorney or other interested party desires to have an inmate examined by a private psychiatrist or other mental health professional, a request shall be submitted in writing by such person or persons to the warden. After consulting with the institution's chief psychiatrist or, in his absence, the chief medical officer, the warden will grant the request unless there are specific case factors which, in the judgment of the warden, warrant denial. If the request is denied, the person making the request will be notified in writing of the reason for the denial and the right to appeal the decision, to the director. Any financial responsibility or obligation for private consultants or examinations will be assumed by the inmate or the person requesting the service. Private consultants will not be permitted to order mental health treatment for any inmate. However, the private consultant may be asked to make a report of findings and recommendations to the warden.
(c) Recognizing that mental health care often involves revealing deeply personal and private matters, all mental health care shall be provided in such a manner as to maintain the dignity of the inmate. Professional relationships shall be conducted with proper privacy, with due regard to the professional to take necessary and appropriate action to prevent harm to the patient or to others. Records of mental health diagnosis, evaluation and treatment prepared or maintained by the department shall remain the property of the department and are subject to all applicable laws governing their confidentiality and disclosure. Treatment will be in accord with sound principles of practice and will not serve a punitive purpose.
NOTE
Authority cited: Sections 5058 and 5079, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
2. Amendment of subsections (b) and (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.
3. Certificate of Compliance as to 1-3-95 order including amendment of section and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
§3362. Availability of Treatment.
Note
All persons committed to the department shall be informed that mental health services are available to them. They shall be informed that, upon their request, an evaluative interview will be provided within a reasonable period of time by a licensed practitioner, or a specially trained counselor supervised by a licensed practitioner. Upon request, they will be provided with information as to what specialized treatment programs may be available in the department and how such treatment may be obtained.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
§3363. Right to Refuse Treatment.
Note • History
Inmates/Parolees shall be informed any time they are the object of particular mental health diagnosis or treatment procedure. Such persons shall have the right to refuse assignment to such a program of diagnosis or treatment without being subject to discipline or other deprivation, except as indicated in the following:
(a) When mental health evaluation is required by law or ordered by a court.
(b) When an inmate is placed in a mental health program for diagnostic study by the action of a classification committee, which acted upon documented information or observations that gave reasonable cause to believe the inmate was suffering from a mental illness which poses a danger to self or others, or is gravely disabled. A physician or other licensed practitioner may act in an emergency situation to place an inmate in psychiatric segregation under observation and treatment for a period of up to five working days pending classification action, providing the reasons for this action are documented.
(c) When diagnostic study has led to a diagnosis of existing or recurrent mental illness which renders the inmate dangerous to self or others, or gravely disabled.
(d) If there is a special condition of parole requiring attendance at a parole outpatient clinic, interviews may be imposed upon the parolee. However, no medication will be administered by these clinics without the specific informed consent of the patient.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of first paragraph and subsections (b) and (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.
2. Certificate of Compliance as to 1-3-95 order transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
§3364. Involuntary Medication.
Note • History
(a) If medication used in the treatment of mental disease, disorder or defect is administered in an emergency, as that term is defined in section 3351, such medication shall only be that which is required to treat the emergency condition and shall be provided in ways that are least restrictive of the personal liberty of the inmate. If it is determined that further administration of such medication involuntarily is necessary for a period of longer than 72 hours, the following provisions shall be followed:
(1) The administration of involuntary medication to inmates in excess of three days shall be in compliance with those procedures required in Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.
(2) The administration of involuntary medication to inmates in excess of ten days shall be in compliance with those procedures required in Keyhea v. Rushen, supra.
(3) The administration of involuntary medication to inmates in excess of 24 days shall be in compliance with those procedures required in Keyhea v. Rushen, supra. The judicial hearing for the authorization for the involuntary administration of psychotropic medication provided for in part III of Keyhea v. Rushen, supra, shall be conducted by an administrative law judge. The hearing may, at the direction of the director, be conducted at the facility where the inmate is located.
(b) Involuntary antipsychotic medication shall not normally be administered to an inmate in his or her housing unit. An inmate shall normally be transferred to the hospital, clinic, emergency room or infirmary room at the institution prior to the administration of the medication. If a psychiatrist determines that the prior transfer of the inmate to such a setting would pose a greater risk to the inmate and staff than the risk involved to the inmate in receiving the medication in a non-medical setting, the involuntary medication may be administered in the inmate's cell, provided that:
(1) Medical staff shall alert security staff, orally and in writing, of the fact that such medication has been administered, of the date and time of administration, of possible side-effects, if any, which could develop, and shall provide security staff with instructions for contacting medical staff immediately upon the development of any such side effects. On-call medical staff shall make periodic observations of the inmate and shall respond to any emergency request for medical aid.
(2) In all cases where it is both feasible and medically desirable, a fast-acting medication shall be utilized to facilitate the inmate's rapid transfer to a medical setting.
(3) The inmate shall be considered for transfer from his or her cell to a medical setting at least once a day after the injection by a staff psychiatrist, or if a psychiatrist is not available by a staff physician, for the effective duration of the medication. The staff psychiatrist or physician shall note his or her observations and decision in writing. The inmate shall be transferred to a medical setting no later than 72 hours after the injection if the effective duration of the drug administered exceeds that time period.
(c) Each institution's chief psychiatrist, or in his or her absence, chief medical officer, shall ensure that a log is maintained in which is recorded each occasion of involuntary treatment of any inmate. The log entries shall identify the inmate by name and number, and shall include the name of the ordering physician, the reason for medication, and the time and date of medication. In institutions with a designated psychiatric treatment unit, a separate log shall be maintained for recording involuntary treatment and medication administered to inmates in that unit. The log shall be reviewed by the institution's chief psychiatrist, or in his or her absence, the chief medical officer, at least monthly. Such logs shall be made available for review by the departmental medical director upon request.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and 5054, Penal Code; Whitaker v. Rushen, et al., USDC No. C-81-3284 SAW (N.D. Cal.); and Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.
HISTORY
1. Amendment filed 8-4-86; effective thirtieth day thereafter (Register 86, No. 32).
2. Repealer and new subsection (a), new subsections (a)(1)-(3), amendment of subsection (b), repealer of subsections (c)-(e), subsection relettering, and amendment of newly designated subsection (c) and Note 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. Certificate of Compliance as to 1-3-95 order including amendment of subsections (a)-(a)(3) and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
§3365. Suicide Prevention and Response.
Note • History
(a) Each institution head shall ensure that all employees whose assignments routinely involve inmate contact are trained to recognize signs and symptoms associated with suicide risk, the appropriate procedures for staff intervention, and the appropriate procedures to be followed in response to emergency situations resulting from self-injurious or suicidal actions. This training shall be conducted as in-service training, in compliance with Section 3435.
(b) Each institution head shall implement a Suicide Prevention Program for inmates who display self-injurious or suicidal behavior or symptoms. These programs shall include the following components:
(1) Suicide Watch. When medical staff determine that an inmate is actively suicidal, a licensed physician or psychologist shall order placement of the inmate on suicide watch in a General Acute Care Hospital (GACH), Correctional Treatment Center (CTC), Skilled Nursing Facility (SNF), Outpatient Housing Unit (OHU), or other appropriate health care facility, for continual observation.
(2) Suicide Precaution. When medical staff determine that an inmate is at high risk of attempting self-injurious behavior, a licensed physician or psychologist shall order placement of the inmate on suicide precaution in a GACH, CTC, SNF, OHU, or other appropriate health care facility, for periodic monitoring.
(3) Follow-up Treatment. Discharge from suicide watch or suicide precaution shall occur when an interdisciplinary team of clinicians determines that the inmate no longer presents a suicide risk. A written treatment plan and follow-up outpatient treatment shall be provided by a mental health clinician.
(c) When a suicide attempt is discovered in progress, medical assistance shall be summoned immediately to provide emergency medical care. Security and safety procedures shall be followed, including the use of required equipment and procedures to deal with bodily fluids. A cut-down kit shall be immediately accessible on each unit and shall be used by staff in case of an attempted suicide by hanging. All subsequent activities and procedures shall comply with local institutional emergency plans, as developed in compliance with Section 3301.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 6-22-99 as an emergency; operative 6-22-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 11-29-99 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day. For prior history, see Register 95, No. 30.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2000, No. 3).
3. New section filed 1-18-2000 as an emergency; operative 1-18-2000 (Register 2000, No. 3). A Certificate of Compliance must be transmitted to OAL by 6-26-2000 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2000 order, including amendment of subsections (b)(1) and (b)(3), transmitted to OAL 3-3-2000 and filed 4-10-2000 (Register 2000, No. 15).
§3366. Mental Health Advisory Board. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Repealer filed 1-28-99; operative 2-27-99 (Register 99, No. 5).
Note
Psychosurgery, including lobotomy, stereotactic surgery, chemical or other destruction of brain tissue, or implantation of electrodes into brain tissue, is not and will not be performed on persons committed to or in the custody of the Department of Corrections.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note
The use of any drug, electronic stimulation of the brain, or infliction of physical pain when used as an aversive or reinforcing stimulus in a program of aversive, classical or operant conditioning is not and will not be performed on persons committed to or in the custody of the Director of Corrections. Nothing in this section prohibits the administration of drugs intended to cause negative physical reactions to the ingestion of alcohol or drugs unless part of a program of aversive conditioning.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note
(a) Shock therapy is the only form of organic therapy, as defined by law, which may be used in the treatment of persons committed to the custody of the Director of Corrections. No inmate who is competent and capable of giving informed consent will be administered any form of shock therapy without having given his or her consent. Prior authorization of a superior court is also required before shock therapy may be administered for any treatment purpose other than as an emergency lifesaving measure.
(1) Shock therapy as a lifesaving emergency medical measure may be administered to an inmate who is competent and capable of giving informed consent and who has given consent, or an inmate who is incompetent or incapable of giving informed consent, without prior court authorization. However, all pertinent clinical data relating to the nature of the emergency and the treatment given will be presented to the court for review within 10 days of the first instance of emergency shock treatment.
(2) When an inmate is competent and capable of giving informed consent and has done so, and the court has authorized such treatment, shock therapy may be administered in a nonemergency course of treatment. No form of shock therapy may exceed three months of continuous treatment nor more than three months in any 12-month period.
(b) Informed Consent. The term, “Informed Consent,” means that a person must knowingly and intelligently, without duress or coercion, and clearly and explicitly consent to the proposed shock therapy. The inmate's consent must be given in writing and in the presence of the attending physician. It must be preserved and be available to the inmate, the inmate's attorney, guardian, or conservator.
(c) Determining Need. If the attending physician determines that shock therapy is required for the health and safety of the inmate, permission may be requested of the warden or superintendent to administer the therapy.
(1) The warden or superintendent will appoint a committee of physicians, two of whom are board certified or eligible for board certification in psychiatry or neurosurgery, to review the inmate's treatment record and the determination of the attending physician. At least one of the attending physicians must not be a full-time employee of the department.
(2) Before shock treatment may be administered, this committee must unanimously agree with the attending physician's determination that it is required and, if it is to be performed under the provisions of subsection (b), that the inmate has the ability to give informed consent and has in fact given informed consent.
(d) Withdrawal of Consent. Any inmate who has given informed consent may withdraw it at any time. The shock therapy must cease immediately.
(e) Court Petition.
(1) An inmate, or inmate's attorney, guardian or conservator may file a petition with the superior court of the county in which the inmate is confined for an order to prohibit the administration of shock therapy upon the inmate. This petition must be served by the county clerk upon the warden or superintendent on the same day it is filed and constitutes a refusal of consent or withdrawal of any prior consent.
(2) The warden or superintendent has 10 days to file a response to the petition. The superior court may grant a continuance of 10 additional days. The response must be served upon the inmate, and upon the inmate's attorney, guardian or conservator on the same day it is filed with the clerk of the superior court.
(f) Correspondence Regarding Shock Therapy. The inmate is entitled to communicate in writing with his or her attorney, and by writing or visits with his or her parents, guardian or conservator regarding any proposed administration of shock therapy or organic therapy. Any mail regarding shock therapy will not be prevented from leaving the institution.
(g) Incapable of Informed Consent.
(1) If the inmate is incapable of giving informed consent to a program of shock therapy, and the attending physician believes that such treatment is required for the health and safety of the inmate, the attending physician may request the permission of the warden or superintendent. If the warden or superintendent agrees with the request and the committee, appointed pursuant to subsection (c)(1), also unanimously agrees that such therapy is required, the warden or superintendent will forward the request to the Chief, Medical Services for review and recommendation to the director. If the director concurs in the course of treatment, the warden or superintendent will petition the superior court for permission to conduct the hearing. No treatment will be conducted until after a hearing at which the inmate is represented by counsel and after a court order authorizing the treatment is issued.
(2) In an extraordinary case, the attending physician may determine that shock treatment is required for a longer period of time than three months, or more frequently than three months in the period of one year. The same procedures as in paragraph (1) of this subsection will be followed before any further shock therapy will be administered.
(h) Inmate Rights. If the attending physician determines that an inmate should be administered shock therapy, the inmate will be informed of his or her rights under this article. A copy of Penal Code Sections 2670 through 2680 will be made and will be given to the inmate at that time.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
§3369.1. Inmate/Parolee Placements in Department of Mental Health Hospitals.
Note • History
(a) Inmates considered for placement in a Department of Mental Health hospital pursuant to Penal Code section 2684 shall be informed of their rights to a hearing on the placement and to waive such a hearing. Except as provided in (b) below, inmates who do not waive their right to the hearing shall be provided the following:
(1) A written notice of the placement hearing at least 72 hours prior to the hearing.
(2) An independent and qualified staff member to assist the inmate with their preparation for the hearing. Any costs or expenses incurred related to independent assistance obtained by the inmate on their own shall be the sole responsibility of the inmate.
(3) An opportunity to present documentary evidence and the oral or written testimony of witnesses, and to refute evidence and cross examine witnesses unless the hearing officer indicates a good cause for prohibiting such evidence or witnesses.
(4) A hearing officer who shall be the institution head or a designee which shall be a correctional administrator, physician, psychiatrist, or psychologist who is not involved with treating the inmate.
(5) A copy of the written decision within 72 hours after the hearing which shall include the reason for the decision and the evidence relied upon in making the decision.
(b) Inmates and parolees who require emergency psychiatric hospitalization shall be entitled to a certification review hearing pursuant to Welfare and Institutions Code section 5256 at the Department of Mental Health hospital in lieu of the above hearing and waiver requirements.
(c) Inmates and parolees housed in Department of Mental Health hospitals remain under the jurisdiction of the department and shall not be permitted to leave the hospital grounds without the specific authorization of the director.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5150 and 5250 through 5256, Welfare and Institutions Code; Sections 2684, 2974 and 5054, Penal Code; and Vitek v. Jones (1980) 445 U.S. 480, 100 S.CT. 1254.
HISTORY
1. New section filed 7-22-93; operative 8-23-93 (Register 93, No. 30).
Article 9.1. Research of Inmates/Parolees
Note • History
(a) No research shall be conducted on inmates/parolees without approval of the research advisory committee established to oversee research activities within the department. Members of the research advisory committee shall be named by the Secretary, and may include departmental staff and nondepartmental persons who are community academic representatives engaged in criminal justice research.
(b) No research project shall be considered without submission of a research proposal that shall contain the following:
(1) A statement of the objectives of the study.
(2) The specific values of the project.
(3) A description of the research methods to be used.
(4) A description of the measuring devices to be used, or if they are to be developed as part of the project, a statement of their intended use and reason.
(5) The name of the facility or office where the data will be collected.
(6) The names and titles of personnel involved and their responsibilities in the project.
(7) An estimate of departmental staff time needed for the project.
(8) Starting and ending dates of the research.
(9) Any additional costs to the state.
(10) An estimate of the inmate/parolee subjects' time needed for the project and a plan for the compensation of the inmates/parolees.
(11) The source of funding.
(12) A copy of the informed consent form to be used in the project which meets the requirements of Penal Code section 3521.
(13) A current resume for each professional staff member of the project.
(14) The full name, date of birth, and social security number of all project staff members who will enter an institution or other departmental facility to carry out the project.
(15) A certification of privacy signed by the project's principal investigator which outlines the procedure for protecting exempt personal information and certifies that the protective procedures shall be followed.
(16) If student research is involved, a letter from the student's faculty advisor stating that the student will be working under their supervision and the project is approved by their college/university.
(17) If the proposal was previously reviewed by a committee of another agency or organization, a copy of the record of that committee's approval.
(c) A nondepartmental person, agency or organization applying to conduct research within the department shall submit to the committee for approval a signed agreement to adhere to all departmental requirements.
(d) Any person, agency or organization conducting research shall, as requested by the department's chief of research or designee, submit progress reports on their projects.
NOTE
Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference: Sections 3500 through 3524 and 5054, Penal Code.
HISTORY
1. Change without regulatory effect adding new article 9.1 (section 3369.5) and renumbering former section 3439 to new section 3369.5 filed 8-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 31).
2. Amendment of subsection (a), including incorporation of portion of former subsection (a)(5) and repealer of subsections (a)(1)-(5) filed 7-3-2001; operative 8-2-2001 (Register 2001, No. 27)
3. Amendment of subsection (a) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Article 9.5. Case Records
§3370. Case Records File and Unit Health Records Material--Access and Release.
Note • History
(a) Unit health records means a patient's health record that includes all records of care and treatment rendered to an inmate-patient.
(b) Except by means of a valid authorization, subpoena, or court order, no inmate or parolee shall have access to another's case records file, unit health records, or component thereof.
(c) Inmates or parolees may review their own case records file and unit health records, subject to applicable federal and state law. This review shall be conducted in the presence of staff, and may necessitate the use of a computer.
(d) No inmate or parolee shall access information designated confidential pursuant to section 3321 which is in or from their own case records file.
(e) No case records file, unit health records, or component thereof shall be released to any agency or person outside the department, except for private attorneys hired to represent the department, the office of the attorney general, the Board of Parole Hearings, the Inspector General, and as provided by applicable federal and state law. Any outside person or entity that receives case records files or unit health records is subject to all legal and departmental standards for the integrity and confidentiality of those documents.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2081.5, 5054 and 6126.5, Penal Code; Sections 56.10, 1798.24 and 1798.40, Civil Code; and Code of Federal Regulations, Title 45, Sections 164.512 and 164.524.
HISTORY
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-15-92 and filed 5-27-92 (Register 92, No. 24).
3. New subsection (b) and subsection relettering filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
4. Amendment of section heading, section and Note filed 1-19-2006; operative 2-18-2006 (Register 2006, No. 3).
5. Amendment of subsection (e) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Note • History
(a) When a detainer is received by the department, the inmate shall be provided a copy of the detainer and written notification concerning any options available to the inmate.
(b) An inmate may request resolution of a detainer case by completing the indicated form below and forwarding it to the case records office where the necessary documents shall be prepared for the inmate's signature and mailing.
(1) CDC Form 643 (Rev. 4/88), Inmate Notice and Demand for Trial to District Attorney, shall be completed to request disposition of untried charges in California.
(2) CDC Form 616 (Rev. 4/91), Request for Disposition of Probation (PC 1203.2a), shall be completed to request disposition of probation.
(c) If an inmate is not brought to trial within 90 days after the district attorney acknowledged receipt of CDC Form 643, case records staff shall complete and file with the court having jurisdiction of the matter the motion and order to request dismissal of the matter.
(d) When a district attorney requests custody of an inmate pursuant to PC section 1389 the inmate shall be provided a copy of the explanation of rights under Article IV of the Interstate Agreement on Detainers.
(e) When a request is received for an inmate to appear for sentencing on an out-of-state or federal conviction, the inmate shall be provided notification of their rights with CDC Form 1673 (Rev. 12/86), Agreement on Detainer - Right to Request Sentencing. An inmate's demand for sentencing in absentia shall be executed on CDC Form 1674 (Rev. 12/86), Agreement on Detainer - Notice of Place of Imprisonment.
(f) Each out-of-state agency which has filed a detainer against an inmate shall be notified no later than 60 days before the inmate's pending parole or discharge. Each in-state agency which has filed a detainer against an inmate shall be notified no later than 10 days before the inmate's pending parole or discharge.
(g) The inmate shall be released to the agency which first placed a detainer, unless a later detainer is based upon an adjudicated prison sentence in which case the inmate shall be offered to the agency holding the prison sentence detainer. In either case, the other agencies shall be notified which agency assumed custody of the inmate.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1203.2a, 1381, 1389 and 5054, Penal Code; In re Stoliker (1957) 49 Cal. 2nd 75; and Tinghitella v. California (9th Cir. 1983) 718 F.2d 308.
HISTORY
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order including amendment of subsection (f) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No. 24).
§3371.1. Computation of Time and Preprison Credit.
Note • History
(a) The method of computing time and applying credit to an inmate's term is governed by the laws applicable on the date the inmate's crime is committed.
(b) Credit towards an inmate's term shall be administratively applied if the credits are not reflected on legal documents for:
(1) Time spent under an indeterminate sentence as a mentally disordered offender pursuant to Penal Code (PC) section 1600.5.
(2) A commitment received on or after September 15, 1965 where the inmate spent time for diagnostic observation pursuant to PC section 1203.03.
(3) Time spent for a Welfare and Institutions Code (W&IC) section 3200 commitment.
(4) Time spent in the California Youth Authority on the same offense for which they were committed to the department pursuant to W&IC section 1782.
(c) If upon application of preprison credit the inmate is overdue for release, they shall be released within five working days.
(d) Only the following credit issues shall be referred by the department to the sentencing court:
(1) Any case where credit was granted for an in-prison offense, a crime committed while the inmate was on escape status, or where an inmate's consecutive case was sentenced after their received date and included credit for that time served.
(2) When an inmate's case was resentenced and the court credited the inmate with time being served in the department.
(3) When an inmate's probation is revoked and the inmate is granted more than 60 days custody credit which is also being credited by the department.
(4) Cases where legal documents reflect any conflict in credit.
(5) Cases where the court granted Penal Code section 4019 credit at the rate of day-for-day.
(e) Any preprison credit towards an indeterminate sentence shall be applied within one week after the inmate's parole date or term is established or fixed by the Board of Prison Terms.
(f) No preprison credit shall be applied towards time assessed for prior indeterminate sentence terms.
(g) The inmate's received date is counted as a full day regardless of the actual time of day received; for each day thereafter, they shall serve the full 24-hour period to receive credit.
(h) An inmate who has been convicted of a felony, and sentenced under Penal Code Section 667(b) through (i), or Penal Code Section 1170.12, with one or more prior felony convictions, as defined in Penal Code Section 667.5(c) and/or 1192.7(c), shall not be awarded behavior and/or work credits in an amount that exceeds one-fifth of the total term of imprisonment imposed. The limitation on the inmate's credit accrual shall commence on the received date, as defined in section 3000, even if the inmate's sentence has been modified as the result of a striken prior felony conviction under Penal Code Section 1385. There will be a maximum credit accrual rate of 20% so long as the trial court continues to use at least one prior felony conviction, as defined in PC Section 667.5(c) and/or 1192.7(c), for the purposes of determining the term of imprisonment upon resentencing.
NOTE
Authority cited: Section 5058 and 2930-2935 et seq., Penal Code. Reference: Sections 667, 667.5, 1168, 1170, 1170.12, 1192.7, 1203, 2900.1, 2900.5 and 5054, Penal Code; Section 1782, Welfare and Institutions Code; People v. Caceres (1997) 52 Cal. App. 4th 106, 60 Cal. Rptr. 2d 415; People v. Buchalter (2001) 26 Cal. 4th 994A, 108 Cal. Rptr. 2d 625; and People v. Superior Court (Romero) (1996) 13 Cal. 4th 497, 53 Cal. Rptr. 2d 789.
HISTORY
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order including amendment of subsection (d)(1) transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
3. New subsection (h) and amendment of Note filed 12-10-2002; operative 1-9-2002 (Register 2002, No. 50).
§3371.2. Credits for Escapee or Parole Violator.
Note • History
(a) An escapee or parole violator shall receive credit on their sentence for time in another jurisdiction's custody when they are held on “our hold only” and are available for return to the department's custody. No credit shall be applied for the time they are held on “our hold only” while resisting extradition.
(b) An escapee or parole violator in local confinement is available except when serving a sentence in lieu of a fine or a sentence expressly ordered to run consecutively to their existing prison term.
(c) An escapee or parole violator in local confinement is available on the date our hold was placed or, if declared at-large and parole was suspended, the date of their arrest.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2900 and 5054, Penal Code.
HISTORY
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No. 24).
Article 10. Classification
§3375. Classification Process.
Note • History
(a) The classification process shall be uniformly applied, commencing upon reception of a person committed to the custody of the Secretary and shall continue throughout the time the individual remains under the Secretary's jurisdiction. Each inmate shall be individually classified in accordance with this article. Senate Bill 618 Participants, as defined in section 3000 and pursuant to subsection 3077.1(a)(1)(C), shall receive a preliminary classification at a county facility prior to reception at a departmental institution.
(b) The classification process shall take into consideration the inmate's needs, interests and desires, his/her behavior and placement score in keeping with the Department and institution's/facility's program and security missions and public safety.
(c) Each determination affecting an inmate's placement within an institution/facility, transfer between facilities, program participation, privilege groups, or custody designation shall be made by a classification committee composed of staff knowledgeable in the classification process.
(d) The classification of felon inmates shall include the classification score system as established. A lower placement score indicates lesser security control needs and a higher placement score indicates greater security control needs.
(e) When possible, the inmate shall be given sufficient advance written notice of any classification committee hearing to provide the inmate reasonable preparation time to discuss the matter to be considered. An inmate appearing before a classification committee shall be informed of the inmate's next classification committee hearing date when it is known or can be anticipated.
(f) The classification of inmates shall provide the following procedural safeguards:
(1) Inmates shall be given written notice at least 72 hours in advance of a hearing which could result in an adverse effect. Adverse effect is defined as:
(A) Involuntary transfer to a higher security level institution/facility, which is not consistent with the inmate's placement score.
(B) Increase in the inmate's custody designation.
(C) Involuntary placement in segregated housing.
(D) Involuntary removal from an assigned program.
(E) Placement in a reduced work group.
(F) Involuntary transfer to another institution/facility because of the inmate's misbehavior or receipt of new information that may affect staff, inmates, the public, or the safety and security of the institution/facility, whether or not his/her placement score is consistent with the receiving institution's/facility's security level.
(G) Transfer of an inmate to a more restrictive institution or program where the security level is higher.
(2) Except as provided in subsection 3375(f)(3), the inmate shall be present at all initial classification committee hearings and at any other classification committee hearing which could result in an adverse effect upon the inmate.
(3) An in absentia (without inmate's presence) classification hearings may be held only when:
(A) The inmate refuses to appear before the committee.
(B) The inmate is physically incapable of appearing before the committee, or is determined by a psychiatrist to be mentally incompetent and cannot understand the purpose of the hearing.
(C) The purpose of the hearing is to:
1. Improve the inmate's conditions of confinement by reducing or removing a previously imposed restriction.
2. Approve an action requested in writing by the inmate.
3. Determine the need for scheduling, or to schedule, a future classification committee action.
(4) If the inmate was not previously notified and during the classification committee hearing an unanticipated adverse effect emerges, the hearing shall be postponed for at least 72 hours and the inmate shall be referred to the inmate's counselor for assistance when the inmate is illiterate, or the issues are complex unless:
(A) The hearing cannot be postponed because of safety or security factors.
(B) The inmate waives the 72-hour postponement.
(5) The inmate shall be permitted to contest the preliminary score or placement score in the hearing.
(6) Each inmate appearing before a classification committee shall be:
(A) Introduced to the committee members.
(B) Informed of the purpose of the hearing.
(C) Encouraged to participate in the hearing discussion.
(D) Informed of the committee's decision.
(7) Classification committee decisions shall be based on evaluation of available information and mutual agreement of the committee members.
(g) Every decision of a classification committee shall be documented on a CDC Form 128-G, Classification Chrono.
(1) Each classification committee's documentation shall include, but not be limited to the following:
(A) The reason or purpose for the committee hearing.
(B) The action taken.
(C) The specific reasons for the action including the information upon which the decision was based.
(D) The inmate's stated preferred action, the reasons for the preference, and his/her agreement or disagreement with the committee action.
(E) If applicable, the use of any reasonable accommodation to ensure effective communication.
(F) If during the committee discussion, a member of the committee disagrees with a decision or the basis for a decision reached by the committee, he or she may provide language to the recorder to document his or her opinion for inclusion in the CDC Form 128-G.
(G) The reason(s) for the omission of any of the classification procedural safeguards identified in subsection 3375(f).
(H) If an in absentia hearing is held, reason(s) for the inmate being absent.
(I) The name, title, and signature of the committee's chairperson.
(J) The names and titles of staff who participated in the decision.
(K) The name, title, and signature of the committee's recorder.
(L) The date of the action.
(2) In addition to the preceding, documentation for transfer reviews shall also include the following:
(A) The inmate's requested transfer preference(s) and stated reason(s) for preferring that location.
(B) The institution to which the committee recommends transfer with an alternate recommendation, if different from those requested by the inmate, and the specific reasons for both recommendations.
(C) A statement of the inmate's work group upon transfer based on adverse or non-adverse transfer circumstances.
(3) When the inmate is treated under the Mental Health Services Delivery System (MHSDS) and is at the Enhanced Outpatient Program (EOP) or the Mental Health Crises Bed (MHCB) level of care, regardless of the inmate's housing, a clinician is required as a committee member at all hearings. When the inmate is in segregated housing and treated under the MHSDS at any level of care, a clinician is required as a committee member at all hearings. Documentation shall include, but not be limited to the following:
(A) The inmate's current medical/psychiatric status/level of care.
(B) MHSDS treatment needs.
(C) The inmate's ability to understand and participate in the classification hearing.
(4) In all hearings when the inmate is treated under the MHSDS and is housed in segregated housing, documentation shall include the requirements indicated in subsection 3375(g)(3) as well as the following:
(A) A clinical assessment of the inmate's likelihood of decompensation if retained in segregated housing.
(B) A summary of the clinical information provided by the clinician when an actively decompensating mentally ill inmate is recommended for transfer to a mental health program by the clinician and the decision of the committee is to retain the inmate in segregated housing.
(5) Documentation from each institution's initial classification reviews shall include the following case factors:
(A) Date of birth or age on the date of committee.
(B) Term status (first, second, etc.)
(C) County(ies) of commitment.
(D) Commitment offense(s) (include parole revocation offense(s) resulting in good cause/probable cause findings if a parole violator.)
(E) Length of sentence.
(F) When the inmate was received by the Department for the current incarceration.
(G) County of last legal residence.
(H) Escape related conviction(s).
(I) Current or potential hold(s).
(J) Arson related arrest(s) or conviction(s).
(K) Sex-related arrest(s) or conviction(s) by date.
(L) The current placement score, security level, and custody designation.
(M) The reason(s) the inmate was transferred to the current location.
(N) Current eligibility status for special programs such as camp, minimum support facility, or community correctional facility. If not eligible, the reason for each shall be noted.
(O) Current assignments (including work group and privilege group).
(P) Enemy, gang, or disruptive group concerns.
(Q) The existence of, and committee review of, confidential information.
(R) Any medical/psychiatric/disability concerns, including tuberculosis tracking code and date of the most current documentation.
(S) Any other pertinent case information and/or casework follow-up needed.
(6) Documentation for each classification committee review for transfer to the COCF program shall include the case factors listed in 3375(g)(5) and;
(A) Attorney consultation.
(B) Conviction history.
(h) An inmate shall be provided a copy of all non-confidential CDCR staff-generated documentation and reports placed in the inmate's central file unless otherwise requested in writing by the inmate.
(i) An inmate shall not remain at an institution/facility with a security level which is not consistent with the inmate's placement score unless approved by a Classification Staff Representative (CSR) or a staff person designated to serve in that capacity.
(j) A CDCR Form 839, (Rev. 07/12), CDCR Classification Score Sheet, shall be prepared pursuant to section 3375.3 on each newly received felon.
(1) In completing the CDCR Form 839, all relevant documents available during the reception center process shall be reviewed. The inmate shall be interviewed, informed of the purpose of the form, and allowed to contest specific item scores and other case factors on the form. Factors for which documentation is absent or conflicting shall be discussed during the interview.
(2) The inmate is responsible for providing documentation to support their challenge of any information on the CDCR Form 839.
(3) An effort shall be made to obtain verifiable documentation of all items on the CDCR Form 839. The probation officer's report (POR) shall be the document of choice to resolve any conflicting information received. Credit shall be given only upon verifiable documentation and shall not be given based solely on an inmate's statements.
(4) A corrected CDCR Form 839 shall be initiated when the inmate or another party presents verifiable documentation to support the change. When the change results in a placement score which falls into the range for a different facility security level, the inmate's case shall be referred to a CSR for transfer consideration.
(k) A CDCR Form 840 (Rev. 07/12), CDCR Reclassification Score Sheet shall be prepared pursuant to section 3375.4 as part of the regular, continuous classification process. If an inmate's recalculated placement score is not consistent with the institution/facility security level where the inmate is housed, the case shall be presented to a CSR for transfer consideration.
(1) A CDCR Form 840 shall be completed:
(A) Twelve months after the date that the inmate physically arrived in the reception center and annually thereafter.
(B) Any six-month period when favorable points are granted or unfavorable points are assessed which would cause the inmate's placement score to fall outside of the facility security level.
(C) Each time a case is presented to a CSR for placement consideration.
(2) A CDCR Form 841 (Rev. 07/12), CDCR Readmission Score Sheet, shall be completed pursuant to section 3375.5 as part of the readmission process when a parolee is returned to prison.
(l) An automated needs assessment tool that identifies an inmate's criminogenic needs shall be administered pursuant to Section 3375.6.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 1203.8, 3020, 5054, 5068 and 11191, Penal Code; Section 8550 and 8567, Government Code; and Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; Wright v. Enomoto (1976) 462 F.Supp. 397; Stoneham v. Rushen (1984) 156 Cal.App.3d 302; and Castillo v. Alameida, et al., (N.D. Cal., No. C94-2847).
HISTORY
1. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88. For prior history, see Register 88, No. 8.
2. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
3. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
4. Amendment of subsection (b) filed 9-19-88 as an emergency; operative 9-19-88 (Register 88, No. 39). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-17-89.
5. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
6. Certificate of Compliance as to 9-19-88 order transmitted to OAL 1-18-89 and filed 2-2-89 (Register 89, No. 8).
7. Change without regulatory effect amending section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of typing errors in subsections (b) and (g) (Register 91, No. 11).
9. Editorial correction of printing errors (Register 92, No. 5).
10. New subsection (f)(1)(F) filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
11. Amendment of subsection (c) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
12. Amendment filed 10-17-97; operative 11-16-97 (Register 97, No. 42).
13. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 8-27-2002 order, including further amendment of section, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
15. Amendment of subsection (h) and Note filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
16. Change without regulatory effect amending Note filed 12-4-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 49).
17. New subsections (g)(6)-(g)(6)(B) and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (a) and Note filed 2-5-2009 as an emergency; operative 2-5-2009 (Register 2009, No. 6). This filing contains a certification that the operational needs of the Department required filing of these regulations on an emergency basis and were deemed an emergency pursuant to Penal Code section 5058.3. A Certificate of Compliance must be transmitted to OAL by 7-15-2009 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 10-30-2008 order transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
20. Certificate of Compliance as to 2-5-2009 order transmitted to OAL 6-25-2009 and filed 7-28-2009 (Register 2009, No. 31).
21. New subsection (l) and amendment of Note filed 5-10-2012 as an emergency; operative 5-10-2012 (Register 2012, No. 19). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-17-2012 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsections (a)-(c), (g)(1), (g)(2)(C), (g)(3), (g)(5)(A)-(B), (g)(5)(D), (g)(5)(F), (g)(5)(L), (g)(5)(N), (h)-(k)(1) and (k)(2) and new subsection (g)(5)(S) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
23. New subsection (l) and amendment of Note refiled 10-17-2012 as an emergency; operative 10-17-2012 (Register 2012, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-15-2013 or emergency language will be repealed by operation of law on the following day.
24. Editorial correction of History 23 providing corrected Certificate of Compliance date (Register 2012, No. 44).
25. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
Note • History
(a) Except as provided in section 3375.2, each inmate shall be assigned to a facility with a security level which corresponds to the following placement score ranges:
(1) An inmate with a placement score of 0 through 18 shall be placed in a Level I facility.
(2) An inmate with a placement score of 19 through 35 shall be placed in a Level II facility.
(3) An inmate with a placement score of 36 through 59 shall be placed in a Level III facility.
(4) An inmate with a placement score of 60 and above shall be placed in a Level IV facility.
(b) An inmate approved for transfer to a subfacility of a complex may be received and processed through a facility with a security level higher than that which is consistent with the inmate's placement score. Such cases shall be transferred to the subfacility when bed space allows or, when appropriate, recommended for an administrative determinant which prohibits movement to the lower security level facility.
(1) The case shall be presented to a classification staff representative (CSR) for evaluation within 30 days of receipt at the facility unless the inmate is on an approved waiting list maintained by the complex for placement of inmates at the approved subfacility.
(2) The transfer of an inmate for more than 30 days from one subfacility of a complex to another subfacility which has a different security level, shall require a CSR endorsement. When the subfacility's security level is consistent with the inmate's placement score, the classification and parole representative (C&PR) may act as a CSR.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3020, 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F Supp. 397; and Stoneham v. Rushen (1984) 156 Cal. App. 3d 302.
HISTORY
1. Renumbering and amendment of section 3375(h) to section 3375.1 filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Renumbering and amendment of section 3375(h) to section 3375.1 filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Renumbering and amendment of section 3375(h) to section 3375.1 filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations adopting sections 3375.1, 3375.2, 3375.3, 3375.4, amending sections 3375, 3376, 3377, 3377.1 and repealing section 3375.1, filed 10-22-90; operative 11-29-90 (Register 91, No. 4).
8. Editorial correction of printing error inadvertently omitting text in subsection (a) (Register 91, No. 11).
9. Editorial correction of printing errors in subsections (a) and (b)(2) and Note (Register 92, No. 5).
10. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
12. Amendment of subsections (a)(1)-(4) and (b)(1)-(2) and Note filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3375.2. Administrative Determinants.
Note • History
(a) An inmate meeting one or more of the following administrative or irregular placement conditions, known as administrative determinants, may be housed in a facility with a security level which is not consistent with the inmate's placement score:
(1) An inmate requires an outpatient or higher degree of medical or psychiatric care at a facility specifically staffed for the type of treatment necessary.
(2) An inmate with a history of sex crimes designated in section 3377.1(b) shall be housed in accordance with their placement score and shall not be assigned outside the security perimeter.
(3) An inmate with a history of arson shall not be housed in a facility constructed primarily of wood.
(4) An inmate with a felony hold, warrant, detainer, or the equivalent thereof filed with the Department who is likely to receive a significant period of consecutive incarceration or be deported shall not be housed in a Level I facility without perimeter gun towers.
(5) An inmate requires confidential placement in another correctional jurisdiction.
(6) An inmate serving a sentence of life without possibility of parole (LWOP) shall not be housed in a facility with a security level lower than Level III, except when authorized by the Departmental Review Board (DRB). When a Level III male inmate serving a sentence of LWOP is housed in a Level III institution, he shall be housed in a 270o-design facility (i.e., a facility allowing for a 270o field of view for control booth staff). Inmates serving LWOP in need of urgent or emergent medical or psychiatric care may be transferred to a celled in-patient medical or mental health bed pending DRB approval. The DRB shall review the case within 30 days of the transfer.
(7) An inmate identified as a serial killer shall be excluded from Level I or Level II placement even if his or her convictions for murders are prosecuted separately.
(8) An inmate serving a life term shall not be housed in a Level I facility nor assigned to a program outside a security perimeter. Exceptions may only occur when Board of Parole Hearings (BPH) grants parole, the release date is within 3 years, and the Governor's Office has completed its review and either formally approved parole or taken no action. When all three conditions are met and the inmate is otherwise eligible for a custody reduction, the inmate shall be evaluated by an ICC for the custody reduction.
(9) An inmate serving a life term whose placement score is not consistent with a Level I or II security level shall not be housed in a Level I or Level II facility except when approved by the Departmental Review Board.
(10) An inmate whose death sentence is commuted or modified shall be transferred to a reception center for processing after which the Departmental Review Board shall determine the inmate's initial facility placement.
(11) An inmate with a case factor described in sections 3377.2(b)(2)(A), 3377.2(b)(2)(B) or 3377.2(b)(2)(C), shall be ineligible for minimum custody. An inmate with a history of one or more walkaways from nonsecure settings, not to include Drug Treatment Furlough and Community Correctional Reentry Centers, shall not be placed in minimum custody settings for at least 10 years following the latest walkaway.
(b) The following three-letter codes are used to indicate those administrative or irregular placement conditions known as administrative determinants, which may be imposed by Departmental officials to override the placement of an inmate at a facility according to his/her placement score.
(1) AGE. Inmate's youthfulness, immaturity or advanced age.
(2) ARS. Current conviction, prior conviction, or a sustained juvenile adjudication, as defined in subdivision (b)(26)(A), for arson.
(3) BEH. Inmate's record of behavior indicates they are capable of successful placement at a facility with a security level lower than that which is consistent with his/her placement score. This factor shall not be used for an inmate who is currently housed at a facility with a security level higher than that which is consistent with his/her placement score.
(4) CAM. Placement is recommended due to a shortage of camp qualified inmates.
(5) DEA. Inmate was formerly or is currently sentenced to death.
(6) DEP. Special placement ordered by the Departmental Review Board.
(7) DIS. Inmate's disciplinary record indicates a history of serious problems or threatens the security of the facility.
(8) ENE. Inmate has one or more enemies under the Department's jurisdiction which have been documented on a CDC Form 812 (Rev. 8/01), Notice of Critical Case Information--Safety of Persons or on a CDC Form 812-C (Rev. 8/01), Notice of Critical Information--Confidential Enemies pursuant to section 3378. This should also be used when it is probable that the inmate may be victimized due to case factors; e.g., the nature of their offense is likely to create an enemy situation at certain facilities, current Protective Housing Unit case, and those who are natural victims because of their appearance.
(9) ESC. Unusual circumstances suggest the inmate is a much greater escape risk than indicated by his/her placement score; e.g., the inmate verbalized an intent to escape.
(10) FAM. Inmate has strong family ties to a particular area where other placement would cause an unusual hardship.
(11) GAN. Documentation establishes that the inmate's gang membership or association requires special attention or placement consideration.
(12) INA. Documentation establishes that the inmate's inactive gang status requires special attention or placement consideration.
(13) HOL. Hold, warrant or detainer is likely to be exercised.
(14) LIF. Inmate is serving a life sentence and requires placement in a facility with a security level higher than that indicated by his/her placement score.
(15) MED. Inmate's medical condition requires treatment or continuing medical attention not available at all facilities.
(16) OUT. Inmate requires placement at a specific facility for an out-to-court appearance. This factor shall also be used when a releasing authority appearance is nearing.
(17) POP. Shall be used only by a CSR to indicate that no beds presently exist at a facility with a security level that is consistent with the inmate's placement score.
(18) PRE. The short time remaining to serve limits or otherwise influences placement or program options for the inmate. This factor shall also be used for sending an inmate to a hub facility for their release to a community based correctional facility.
(19) PSY. Inmate's psychological condition requires special treatment or may severely limit placement options.This factor shall also be used for those inmates who are designated as Category B.
(20) PUB. Shall be used only by a CSR to indicate an inmate is identified as a Public Interest Case as defined in section 3000.
(21) SCH. Inmate is involved in an academic program which is not available at a facility with a security level that is consistent with his/her placement score.
(22) SEC. Shall be used only by a CSR to indicate that the inmate has been designated as a Security Concern by an ICC and requires Close B Custody.
(23) SEX. Inmate has a prior incidence of rape, oral copulation, sodomy, or a lewd and lascivious act which requires restricted custody or placement.
(24) SOR. Inmate's bisexual or homosexual orientation may require special placement.
(25) TIM. Inmate's time to serve is long, requiring placement at a facility with a security level higher than that which is consistent with his/her placement score.
(26) VIO. Inmate has a current or prior conviction for a violent felony, or a sustained juvenile adjudication including, but not limited to, those listed under Penal Code section 667.5(c), which, as determined by the CSR, requires placement in a facility with a higher security level than that indicated by his/her placement score.
(A) For the purposes of this subdivision, a “sustained juvenile adjudication” means a guilty determination or ruling rendered in a juvenile judicial proceeding.
(B) The following administrative determinations regarding allegations of violent acts, including but not limited to those offenses described in Penal Code Section 667.5(c), shall have the same force and effect as a current or prior conviction for a violent felony or a sustained juvenile adjudication:
1. Board of Parole Hearings or Parole Hearings Division good cause finding or probable cause finding, or;
2. California Youth Authority/Division of Juvenile Justice/Youth Offender Parole Board sustained allegation.
(C) A probation or Post-Release Community Supervision violation finding in a court of law involving, but not limited to those offenses described in Penal Code Section 667.5(c), shall have the same force and effect as a current or prior conviction in a court of law for a violent felony.
(27) VOC. Inmate is involved in a vocational program which is not available at a facility with a security level which is consistent with the inmate's placement score.
(28) WOR. Inmate has a work skill in a critical trade which warrants special placement consideration.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3450, 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Wright v. Enomoto (N.D. Cal. 1976) 462 F. Supp. 397; and Stoneham v. Rushen (1984) 156 Cal. App. 3d 302.
HISTORY
1. Change without regulatory effect adding section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing error inadvertently omitting text in subsection (a)(6) (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Repealer of subsection (a)(7) and amendment of subsection (a)(8) filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
5. Amendment of subsection (b)(8) filed 6-17-94; operative 7-18-94 (Register 94, No. 24).
6. Repealer of subsections (b)(13), (b)(16) and (b)(22), subsection renumbering, amendment of newly designated subsection (b)(21), and new subsections (b)(22) and (b)(24) filed 9-5-95 as an emergency; operative 9-5-95 (Register 95, No. 36). A Certificate of Compliance must be transmitted to OAL by 2-12-96 (pursuant to Penal Code section 5058(e)) or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-5-95 order, including amendment of subsection (b)(24), transmitted to OAL 1-8-96 and filed 2-15-96 (Register 96, No. 7).
8. New subsection (b)(12), subsection renumbering, and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
10. Change without regulatory effect amending subsection (b)(8) filed 10-23-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
11. Amendment of subsections (b)(2) and (b)(25) and new subsections (b)(25)(A)-(C) filed 3-7-2002; operative 4-6-2002 (Register 2002, No. 10).
12. Amendment of section and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
14. Amendment of subsection (a)(2) filed 11-3-2006; operative 12-3-2006 (Register 2006, No. 44).
15. Amendment of subsection (a)(6) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
17. Amendment of subsections (a)(5)-(6), repealer and new subsection (a)(7), repealer of subsections (a)(7)(A)-(B), amendment of subsection (a)(8), new subsection (a)(11), amendment of subsections (b), (b)(2), (b)(8) and (b)(20), new subsection (b)(22), subsection renumbering and amendment of newly designated subsections (b)(26)(B)1.-(b)(26)(C) and Note filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3375.3. CDCR Classification Score Sheet, CDCR Form 839, Calculation.
Note • History
This section incorporates by reference CDCR Form 839 (Rev. 07/12), Classification Score Sheet.
The factors and related numerical weights used to determine an inmate's preliminary score are listed below. Box numbers appear to the right, but refer to the first box on the left of each field.
(a) Background factors (Boxes 30-46):
(1) Age at first arrest (Boxes 30-31).
(A) Calculate the inmate's age at first arrest based on the date of the inmate's first arrest. If there is no record of arrests prior to the commitment offense, use the date of arrest for the commitment offense as the date of the inmate's first arrest on CDCR Form 839 (Rev. 07/12), CDCR Classification Score Sheet.
(B) When the age of first arrest is determined, round down to the full year and apply that information to the Age at First Arrest matrix on CDCR Form 839.
(C) Enter the corresponding point value in boxes to the right.
(D) Enter all single digit numbers in the box to the far right.
(2) Age at Reception (Box 32).
(A) When the inmate's age at reception is determined, round down to the full year and apply that information to the Age at Reception matrix.
(B) Enter the corresponding point value in the box to the right.
(C) This is always a single digit value.
(3) Term points (term in years x 2) (Boxes 33-34):
(A) Presentence and postsentence credits shall not be subtracted from length of term. A sentence of death or life without possibility of parole shall result in a maximum score of 50. For sentences of 25 years-to-life for murder, the base term is 25 years. For sentences under Penal Code section 667.7 with a term of life without parole for 20 years, the base term is 20 years. For all other life sentences, the base term is 15 years. Any enhancements or determinate terms for other counts or offenses to be served consecutive to a life term shall be added to the base term before calculation of the term score.
(B) Enter term in whole years within the parentheses.
1. Multiply the number of years by two (2).
2. Enter this value in Boxes 33-34.
3. Any single digit value is entered in the box to the far right.
4. If the score is more than 50, then 50 shall be used as the final term score.
(C) If, subsequent to endorsement of the CDCR Form 839, the inmate receives a new term, record the change in term points, if any, on a CDCR Form 840 (Rev. 07/12), Reclassification Score Sheet, as a result of this new term. Do not correct the CDCR Form 839.
(4) Street gang/disruptive group (Boxes 35-38). For the purpose of preliminary score evaluation, if there is information that the inmate is or has been involved in gang activity, enter 6 points in Box 35.
(A) Type of street gang/disruptive group code. Apply the code that most closely identifies the inmate's gang. Enter the appropriate alpha code in Boxes 36-37.
1. CR Crip street gang/disruptive group.
2. BL Blood street gang/disruptive group.
3. NH Northern Hispanic street gang/disruptive group.
4. SH Southern Hispanic street gang/disruptive group.
5. AS Asian street gang/disruptive group.
6. BD Bulldogs street gang/disruptive group.
7. WH White supremacists, neo nazi, skinheads, etc., street gang/disruptive group.
8. BK Black street gang/disruptive group (not Crip nor Blood).
9. MC outlaw motorcycle clubs street gang/disruptive group.
10. OT other street gang/disruptive group not listed.
(B) Method of verification code (Box 38). Apply the code that is most indicative of gang activity. Enter the appropriate alpha code in Box 38:
1. Code A -- Self admission. Staff shall document information about the inmate/parolee's self-admission and specific involvement with the gang. Staff shall document and disclose this information to the inmate/
parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
2. Code B -- Tattoos and symbols. Body markings, hand signs, distinctive clothing, graffiti, etc., which have been identified by gang investigators as being used by and distinctive to specific gangs. Staff shall describe the tattoo or symbol and articulate why it is believed that the tattoo is used by and distinctive of gang association or membership. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
3. Code C -- Written material. Any material or documents evidencing gang activity such as the membership or enemy lists, constitutions, organization structures, codes, training material, etc., of specific gangs. Staff shall articulate why, based on either the explicit or coded content, the written material is reliable evidence of association or membership with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
4. Code D -- Photographs. Individual or group photographs with gang connotations such as those which include insignia, symbols, or validated gang affiliates. The date of the photograph shall be reasonably ascertained prior to any photo being relied upon for inclusion as a source item. No photograph shall be considered for validation purposes that is estimated to be older than six (6) years. Any photograph being utilized as a source item that depicts gang members shall be required to have at least one of the individuals previously validated by the department, or be validated by the department within six (6) months of the photograph's established or estimated date of origin. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
5. Code E -- Staff information. Documentation of staff's visual or audible observations which reasonably indicate gang activity. Staff shall articulate the basis for determining the content or conduct at issue is gang related. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
6. Code F -- Other agencies. Information evidencing gang activity provided by other agencies. Verbal information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
7. Code G -- Association. Information related to the inmate's association with gang affiliates. Information including addresses, names, identities and reasons why such information is indicative of association with a prison gang or disruptive group. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
8. Code H -- Offenses. The circumstances of an offense evidence gang activity such as an offense being between rival gangs, the victim is a verified gang affiliate, or the inmate's crime partner is a verified gang affiliate. Staff shall articulate why an offense is gang related. Multiple sources of information relative to a single incident or offense will be considered one source of validation. Staff shall document and disclose this information to the inmate/parolee in written form that would not jeopardize the safety of any person or the security of the institution.
9. Code I -- Legal documents. Probation officer's report or court transcripts evidencing gang activity. Staff shall assure the document containing this information is disclosed to the inmate/parolee in written form that would not jeopardize the safety of any person or the security of the institution.
10. Code J -- Communications. Documentation of telephone conversations, conversations between inmates, mail, greeting cards, notes, or other communication, including coded messages evidencing gang activity. Staff shall articulate why, based on either the explicit or coded content, the communication is reliable evidence of association or membership with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(5) Mental Illness (Box 43). Do not make an entry in Box 43 during intake processing. This box is only used during the CDCR 839 correction process to remove previously-assessed Mental Illness points.
(6) Prior sentences (Box 44). This item requires a review of the probation officer's report (POR) and the CI&I/CLETS in order to identify prior sentences of 31 days or more. Apply no more than one point.
(A) Jail or county juvenile sentence of 31+ days (Box 44).
1. Count any sentence of 31 days or more. Do not include suspended sentences or sentences for violations of Post-Release Community Supervision or parole.
2. Count any incarceration under a delinquency petition which involves a crime rather than “status offender” placements. For example, “beyond parental control” should not be counted. Burglary, however, would be counted.
3. Count CDCR placements for diagnostic evaluation pursuant to Penal Code Section 1203.03 “Z” cases, followed by a grant of probation.
(7) Prior Incarceration(s) (Boxes 45-46)
(A) Division of Juvenile Justice (formerly California Youth Authority), state or federal level juvenile, which includes state or federal facilities for juvenile offenders (Box 45).
(B) CDCR, California Rehabilitation Center, adult state, federal level (Box 46):
1. Count any state or federal level incarceration.
2. Count previous commitments to the civil addict program.
(8) Correction to CDC 839 Score Sheet (Prior to Rev. 07/02) (Boxes 47-49)
1. Use this section to correct a CDC 839 score sheet with a form revision date prior to 07/02.
2. This area shall not be used for changes or adjustments to term points.
3. Enter only the total correction to the score, either negative or positive, in the boxes provided.
(b) Prior Incarceration Behavior (Boxes 50 through 64):
(1) Last 12 months of Incarceration (Boxes 50-52). Prior incarceration behavior in any correctional agency shall include the last 12 consecutive months in custody, prior to the date that the inmate was received in CDCR, going as far back as necessary to attain a total of 12 months. This includes behavior while in county jail, after conviction, or during transportation to the reception center. For example, behavior while incarcerated in juvenile hall, federal prison, or while serving a civil addict commitment shall also be counted.
(2) Twelve months of incarceration is also defined as 360 days. For ease and consistency of rule application, a month is considered a 30-day month.
(A) Only misbehavior which is equivalent to a serious rule violation, as defined in section 3315, shall be recorded.
(B) If the inmate has a prior incarceration for 12 months or more but adequate documentation of the inmate's behavior is not available, four (4) favorable points shall be granted.
1. If behavioral information becomes available later, these items may need to be corrected.
(3) Favorable prior behavior (Box 50):
(A) If the inmate had no serious disciplinary(s) in the last 12 months of incarceration(s), four points shall be entered in Box 50.
(B) If there is no record of unfavorable prior behavior, enter four (4) favorable points in Box 50.
(4) Unfavorable prior behavior (Boxes 51-52).
(A) For each serious disciplinary in the last 12 months of incarceration(s), four points shall be entered in Boxes 51-52.
(B) Serious Disciplinary History (Boxes 53-64).
A single serious disciplinary may result in the assessment of points on the classification score sheet for more than one factor listed in subsections 3375.3(b)(4)(C) through (H). Assess points for behavior for which the inmate was found guilty and for behavior that occurred during any prior incarceration, if the behavior meets the definitions below even if it occurred beyond the last 12 months of incarceration.
(C) For each battery on a nonprisoner or attempted battery on a nonprisoner, eight points shall be entered in Boxes 53-54.
1. Battery shall include any offense described in section 3005(d).
(D) For each battery or attempted battery on an inmate, four points shall be entered in Boxes 55-56. Assessments shall only include situations where one or more inmates are clearly the victim.
(E) For each involvement in the distribution of any controlled substance, per subsection 3323(c)(6), into a jail or correctional facility for distribution and sales, four points shall be entered in Boxes 57-58. Points shall not be assessed for incidents of personal use or possession of a small quantity of drugs.
(F) For each possession of a deadly weapon:
1. Four points shall be entered in Boxes 59-60 for each well documented incident of an inmate's manufacture or possession of a deadly weapon where apparent use was intended (does not include possession of commonly available and unmodified objects unless used as a weapon and this fact is documented in the disciplinary hearing process). Include possession of a razor blade (whether modified or not) in a segregated program-housing unit (e.g. Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit, etc.); or,
2. Eight points shall be entered in Boxes 59-60 for each possession of a deadly weapon incident, which occurred within five years of the inmate's reception to the Department on the current term.
(G) For each instance of a leadership role in deliberate and willful behavior which might lead to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, as described in section 3005 (this involves a leadership role in a facility riot, racial disturbance or work strike), four points shall be entered in Boxes 61-62.
(H) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 63-64. Inmates who conspired in or ordered the battery shall also receive these points.
1. Serious bodily injury is that which is defined in section 3000.
2. Any attempt, which may have been life-threatening but circumstances such as heavy clothing prevented the homicide, shall be included.
(c) Preliminary Score (Boxes 65-67).
(1) The inmate's preliminary score is entered in Boxes 65-67 and is the result of adding the total points derived from background factors in subsection (a) with the total points derived from prior incarceration behavior in subsection (b).
(2) Right-justify the total score.
(3) Computations which result in a minus value shall be entered as zero.
(d) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 68-70):
(1) A mandatory minimum score is a score that is applied to an inmate who has a case factor that requires that he/she be housed no lower than a specific security level.
(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.
(A) If an inmate has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 68.
(B) If one or more mandatory minimum score factors are present, determine which of the factors is associated with the highest score and enter that code in Box 68.
(C) Enter the mandatory minimum score that corresponds to the selected code in Boxes 69-70.
(e) Placement Score (Boxes 71-73).
(1) If there are no case factors that require a mandatory minimum score, enter the preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater than the preliminary score, enter the mandatory minimum score as the placement score.
(3) If a mandatory minimum score has been applied, and it is less than the preliminary score, enter the preliminary score as the placement score.
(f) Special Case Factors (Boxes 74-76)
(1) In Box 74, enter “A” if the inmate has an active felony hold, warrant, or detainer. Enter “P” if the inmate has a potential felony hold, warrant, or detainer. If the inmate has both an active and a potential felony hold, warrant, or detainer, enter “A”.
(2) In Box 75, enter “A” if the inmate has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter “P” if the inmate has a potential USICE detainer.
(3) In Box 76, enter “R” if the inmate meets the criteria for an “R” suffix per section 3377.1(b).
(g) Classification Staff Representative Action (Boxes 95-159):
(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the inmate's placement score and administrative determinants. The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants.
(A) Up to five administrative determinants may be entered in Boxes 134-148.
1. Reason for any administrative or irregular placement (Boxes 157-159).
2. Entered only if the facility's security level where the inmate is placed is not consistent with his/her placement score.
(B) Enter one of the administrative determinant's three-letter code from section 3375.2.
(2) CSR approval of an administrative or irregular placement (administrative determinant) is valid only as long as the inmate's placement score remains within the same facility security level as when the approval was given.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3540, 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F Supp. 397; Stoneham v. Rushen (1984) 156 Cal. App. 3d 302; and Castillo v. Alameida, et al. (N.D. Cal., No. C94-2847).
HISTORY
1. Change without regulatory effect adding section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing errors (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Change without regulatory effect amending subsection (b)(2)(H)3. and subsection renumbering filed 12-15-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 50).
5. Amendment of section and Note and new form CDC 839 filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-27-2002 order, including further amendment of section and repealer and new form CDC 839, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
7. Amendment of subsections (a)(4)(B)1.-10. and Note filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
8. Amendment of section heading, section and Note and incorporation by reference of CDCR Form 839 filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3375.4. CDCR Reclassification Score Sheet, CDCR Form 840, Calculation.
Note • History
This section incorporates by reference CDCR Form 840 (Rev. 07/12), Reclassification Score Sheet.
The factors and their related numerical weights used to recalculate an inmate's preliminary score or new preliminary score are listed below. Box numbers appear to the right but refer to the first box on the left of each field.
(a) Favorable behavior since last review (Boxes 46-51). The categories below provide favorable points for six-month intervals. For an annual reclassification review, two six-month periods may be counted. When an inmate's status is interrupted during the period without inmate fault, the period shall be considered continuous.
(1) For each six-month period of continuous minimum custody, four points shall be entered in Boxes 46-47.
(2) For each six-month period since the last review with no serious disciplinary(s), two points shall be entered in Boxes 48-49.
(3) For each six-month period with an average or above performance in work, school or vocational program, two points shall be entered in Boxes 50-51.
(A) Part-time assignments which, when work/program hours are added together, are equivalent to a full-time assignment shall be combined.
(B) Favorable points shall not be granted for average or above performance for inmates who are not assigned to a program.
(b) Unfavorable behavior since last review (Boxes 52-69):
(1) For each serious misbehavior for which the inmate was found guilty during any six-month review period, apply eight points for a Division A-1 or A-2 offense; apply six points for a Division B, Division C, or Division D offense; apply four points for a Division E or Division F offense. Only misbehavior which is equivalent to a serious rule violation as defined in section 3315 shall be recorded in Boxes 52-57. This includes behavior while in the county jail or conduct that occurred while the inmate was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule violations.
(B) When the serious misbehavior also includes other factors listed in subsections (2) through (7) below, assess additional points for each applicable factor.
(2) For each battery on a nonprisoner or attempted battery on a nonprisoner during any six-month review period, eight points shall be entered in Boxes 58-59.
(A) Battery means any offense as described in section 3005(d) where criminal prosecution had, or would normally have, taken place.
(3) For each battery on an inmate or attempted battery on an inmate during any six-month review period, four points shall be entered in Boxes 60-61.
(A) Refers to situations where one or more inmates are clearly the victim.
(B) Do not include mutual combat where both inmates were co-responsible.
(4) For each incident involving the distribution of any controlled substance, per subsection 3323(c)(6), in an institution/facility or contract health facility, for distribution and sales, four points shall be entered in Boxes 62-63. Points shall not be assessed for personal use or possession of a small quantity of drugs, or being under the influence.
(5) For each well-documented serious misbehavior for possession of a deadly weapon where apparent use was intended, 16 points shall be entered in Boxes 64-65. Points shall not be assessed for possession of commonly available and unmodified objects, unless they were used as weapons and that fact is documented in the disciplinary report. Include possession of a razor blade (whether modified or not) in a segregated program-housing unit (e.g., Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit, etc.).
(6) For each serious disciplinary where the inmate led a facility riot, racial disturbance or work strike, four points shall be entered in Boxes 66-67. Include any willful and deliberate behavior which may have led to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, of the type described in section 3005.
(7) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 68-69. Inmates who conspired in or ordered such battery shall receive the same points.
(A) Serious bodily injury is that which is defined in Section 3000.
(B) Any attempted battery which may have been life threatening but circumstances such as heavy clothing prevented the homicide shall be included.
(c) Correction to CDC 840 Reclassification Score Sheet (Prior to Rev. 07/02) (Boxes 70-72).
(1) Use this section to correct a CDC 840 Score Sheet with a form revision date prior to 07/02.
(2) Enter only the total correction to the score, either negative or positive, in boxes provided.
(d) Prior Preliminary Score (Boxes 73-75):
(1) The prior preliminary score is the calculated score that appears on the most current classification score sheet. Enter that value in Boxes 73-75.
(2) When the most current score appears on the CDC Classification Score Sheet, CDC Form 839, (Rev. 07/02) or later, enter the value from that score sheet that is the preliminary score.
(3) When the most current score appears on the CDC Reclassification Score Sheet, CDC Form 840, (Rev 07/02) or later, enter the value from that score sheet that is the new preliminary score.
(4) When the most current score appears on the CDC Readmission Score Sheet, CDC Form 841, (Rev. 07/02) or later, enter the value from that score sheet that is the new preliminary score.
(e) Net Change in Score (Boxes 76-78):
(1) Combine the total favorable points (item C.4.) with the total unfavorable points (item D.8). Enter the total as a plus or minus value for net change in score.
(f) Preliminary Score Subtotal:
(1) The prior preliminary score subtotal is the combined value of the prior preliminary score and the net change in score.
(2) Record this value on the line provided.
(3) Computations that result in a minus value shall be entered as zero.
(g) Change in term points (Boxes 79-81):
(1) When an inmate receives a new or additional sentence to prison which changes the total term length, two points shall be added or subtracted for each year of difference between the new term and the old term. The resultant plus or minus figure is the change in term points.
(2) When the Board of Parole Hearings establishes a parole date for an inmate with a life sentence:
(A) The total projected incarceration time in years and months is the term length.
(B) Multiply the total term length in years by two (2).
(C) Determine the difference between the new term points and the old term points. The resultant plus or minus figure is the change in term points.
(3) For parole violators: If a parole violator receives a new term after the CDCR Form 841 (Rev. 07/12) has been endorsed, the prior term points shall be given a minus value and combined with new term points. The difference is the change in term points.
(4) Do not record a change in term points unless there is a change in the total term.
(h) Recalculation of the New Preliminary Score:
(1) The inmate's new preliminary score is entered in Boxes 82-84 and is the result of combining the preliminary score subtotal and any adjustments resulting from a change in term points as determined in subsection (g).
(2) Right-justify the total.
(3) Computations that result in zero or a minus value shall be entered as zero.
(i) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 85-87):
(1) A mandatory minimum score is a score that is applied to an inmate who has a case factor that requires that he/she be housed no lower than a specific security level.
(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.
(A) If an inmate has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 85.
(B) If one or more mandatory minimum score factors are present, determine which of the factors is associated with the highest score and enter that code in Box 85.
(C) Enter the mandatory minimum score that corresponds to the selected code in Boxes 86-87.
(j) Placement Score (Boxes 88-90).
(1) If there is no case factor requiring a mandatory minimum score, enter the new preliminary score as the placement score.
(2) If a mandatory minimum score is applied, and it is greater than the new preliminary score, enter the mandatory minimum score as the placement score.
(3) If a mandatory minimum score is applied, and it is less than the new preliminary score, enter the new preliminary score as the placement score.
(4) The placement score is the primary factor used to determine the security level to which the inmate is assigned.
(k) Special Case Factors (Boxes 91-93)
(1) In Box 91, enter “A” if the inmate has an active felony hold, warrant, or detainer. Enter “P” if the inmate has a potential felony hold, warrant, or detainer. If the inmate has both an active and a potential felony hold, warrant, or detainer, enter “A”.
(2) In Box 92, enter “A” if the inmate has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter “P” if the inmate has a potential USICE detainer.
(3) In Box 93, enter “R” if the inmate meets the criteria for an “R” suffix per section 3377.1(b).
(4) Enter “*” to remove a previous entry in Boxes 91-93 that no longer applies.
(l) Classification Staff Representative (Boxes 115-188):
(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the inmate's placement score and administrative determinants. The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants.
(A) Up to five administrative determinants may be entered in Boxes 159-177.
1. An asterisk (*) shall be placed in the box adjacent to each administrative determinant which is being removed (i.e., no longer valid).
2. Reason for administrative or irregular placement (Boxes 186-188).
(B) Entered only if the facility's security level where the inmate is placed is not consistent with the inmate's placement score.
(C) Enter one of the administrative determinant's three-letter code from section 3375.2.
(2) CSR approval of an administrative or irregular placement is only valid as long as the inmate's placement score remains within the same facility security level score range as when the approval was given.
(m) An inmate whose CDCR term has been discharged due to the conviction being vacated on appeal who is then re-convicted and returned to CDCR custody for the same crime event shall be considered for a one-time point adjustment commensurate with the net change in points attributable to positive and/or negative behavior achieved during the original associated CDCR term.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Wright v. Enomoto (1976) 462 F.Supp. 397; and Stoneham v. Rushen (1984) 156 Cal.App.3d 302.
HISTORY
1. Change without regulatory effect adding section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing errors (Register 91, No. 11).
3. Amendment of section and Note and new form CDC 840 filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-27-2002 order, including further amendment of section and repealer and new form CDC 840, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
5. Amendment of section heading, section and Note and incorporation by reference of CDCR Form 840 filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order, including further amendment of subsection (m), transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3375.5. CDCR Readmission Score Sheet, CDCR Form 841, Calculation.
Note • History
This section incorporates by reference CDCR Form 841 (Rev. 07/12), Readmission Score Sheet.
The factors and their related numerical weights used to recalculate an inmate's preliminary score upon readmission to the Department are listed below. Box numbers appear to the right, but refer to the first box on the left of each field.
(a) Favorable behavior since last review (Boxes 48-53). The categories below provide favorable points for six-month intervals. When an inmate's status is interrupted during the period without inmate fault, the period shall be considered continuous.
(1) For each six-month period of continuous minimum custody, four points shall be entered in Boxes 48-49.
(2) Apply one-half favorable behavior points for less than a full six-month review period.
(3) Unfavorable behavior points shall be assessed at full value.
(B) For each six-month period since the last review with no serious disciplinary, two points shall be entered in Boxes 50-51.
(C) For each six-month period with an average or above performance in work, school or vocational program, two points shall be entered in Boxes 52-53.
1. Part-time assignments which, when work and program hours are added together, are equivalent to a full-time assignment shall be combined.
2. Favorable points shall not be granted for average or above performance for inmates who are not assigned to a program.
(b) Unfavorable behavior since last review (Boxes 54-71):
(1) For each serious misbehavior for which the inmate was found guilty during a six-month review period, apply eight points for a Division A-1 or A-2 offense; apply six points for a Division B, Division C, or Division D offense; apply four points for a Division E or Division F offense in Boxes 54-59. Only misbehavior that is equivalent to a serious rule violation as defined in section 3315 shall be recorded. This includes behavior while in the county jail or conduct that occurred while the inmate was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule violations.
(B) When the serious misbehavior also includes other factors listed in subsection (2) through (7) below, assess additional points for each applicable factor.
(2) For each battery on a non-prisoner or attempted battery on a non-prisoner during any six-month review period, eight points shall be entered in Boxes 60-61.
(3) Battery means any offense as described in section 3005(d) where criminal prosecution had, or would normally have taken place.
(4) For each battery on an inmate or attempted battery on an inmate during any six-month review period, four points shall be entered in Boxes 62-63.
(A) Refers to situations where one or more inmates are clearly the victim.
(B) Do not include mutual combat where both inmates were co-responsible.
(5) For each incident involving the distribution of any controlled substance, per subsection 3323(c)(6), in an institution/facility or contract health facility, for distribution and sales, four points shall be entered in Boxes 64-65. Points shall not be assessed for personal use or possession of a small quantity of drugs, or being under the influence.
(6) For each well-documented serious disciplinary for possession of a deadly weapon where apparent use was intended, 16 points shall be entered in Boxes 66-67. Points shall not be assessed for possession of commonly available and unmodified objects, unless they were used as weapons and that fact is documented in the disciplinary report. Include possession of a razor blade (whether modified or not) in a segregated program-housing unit (e.g., Administrative Segregation Unit, Security Housing Unit, Psychiatric Services Unit, etc.).
(7) For each serious disciplinary where the inmate led a facility riot, racial disturbance or work strike, four points shall be entered in Boxes 68-69. Include any willful and deliberate behavior that may have led to violence or disorder, and any willful attempt to incite others, either verbally or in writing, or by other deliberate action, to use force or violence upon another person, of the type described in section 3005.
(8) For each battery that caused serious bodily injury, 16 points shall be entered in Boxes 70-71. Inmates who conspired in or ordered the battery shall receive the same points.
(A) Serious bodily injury is that which is defined in Section 3000.
(B) Any attempted battery which may have been life threatening but circumstances such as heavy clothing prevented the homicide shall be included.
(c) Prior Preliminary Score (Boxes 75-77):
(1) The prior preliminary score is the calculated score that appears on the most current classification score sheet. Enter that value in Boxes 75-77.
(2) When the most current score appears on the CDC Form 839 (Rev. 07/02) or later, CDC Classification Score Sheet, enter the value from that score sheet that is the preliminary score.
(3) When the most current score appears on the CDC Form 840, (Rev. 07/02) or later, CDC Reclassification Score Sheet, enter the value from that score sheet that is the new preliminary score.
(4) When the most current score appears on the CDC Form 841, (Rev 07/02) or later, CDC Readmission Score Sheet, enter the value from that score sheet that is the new preliminary score.
(d) Net Change in Score (Boxes 78-80):
Combine the total favorable points (item C.4.) with the total unfavorable points (item D.8.). Enter the total as a plus or minus value for net change in score.
(e) Preliminary Score Subtotal
(1) The prior preliminary score subtotal is the combined value of the prior preliminary score and net change in score.
(2) Record this value on the line provided.
(3) Computations that result in a minus value shall be entered as zero.
(f) Change in term points (Boxes 81-83):
(1) If, during reception center processing, the inmate has been designated as a PVRTC, do not enter a value. This area is left blank for an inmate who has returned as a parole violator without a new term.
(2) If, subsequent to reception center processing, the parole violator receives a new term, record the change in term points, if any, on a CDCR Form 840 (Rev. 07/12), Reclassification Score Sheet, as a result of this new term. Do not correct the CDCR Form 841.
(3) If, during reception center processing, the inmate has been designated as a PVWNT, the prior term points shall be given a minus value and combined with the new term points. To determine the new term points, multiply the number of whole years times two. Drop months from the calculation.
(4) Any term point adjustments that may have been recorded on a previous CDC Form 840 or CDC Form 841 must also be taken into consideration to determine the final total change in term points.
(5) Determine the difference between the new term points and the old term points. The resultant plus or minus figure is the change in term points.
(6) A change in the term points is recorded only if there is a change in the total term length.
(g) New Preliminary Score (Boxes 84-86):
(1) The inmate's new preliminary score is the result of combining the preliminary score subtotal with the change in term points (if any).
(2) Right-justify the total.
(3) Computations that result in zero or a minus value shall be entered as zero.
(h) Mandatory Minimum Score Factor Code and Mandatory Minimum Score (Boxes 87-89):
(1) A mandatory minimum score is a score that is applied to an inmate who has a case factor that requires that he/she be housed no lower than a specific security level.
(2) A mandatory minimum score factor is a case factor that requires the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is a numeric code associated with a mandatory minimum score factor.
(A) If an inmate has a case factor that requires the application of a mandatory minimum score factor code, enter the code that applies in Box 87.
(B) If one or more mandatory minimum score factors is present, determine which of the factors is associated with the highest score and enter that code in Box 87.
(C) Enter the mandatory minimum score that corresponds to the selected code in Boxes 88-89.
(i) Placement Score (Boxes 90-92)
(1) If there are no case factors that require a mandatory minimum score, enter the new preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater than the new preliminary score, enter the mandatory minimum score as the placement score.
(3) If a mandatory minimum score has been applied, and it is less than the new preliminary score, enter the new preliminary score as the placement score.
(4) The placement score is the primary factor that is used to determine the security level to which the inmate is assigned.
(j) Special Case Factors (Boxes 93-95)
(1) In Box 93, enter “A” if the inmate has an active felony hold, warrant, or detainer. Enter “P” if the inmate has a potential felony hold, warrant, or detainer. If the inmate has both an active and a potential felony hold, warrant, or detainer, enter “A”.
(2) In Box 94, enter “A” if the inmate has an active United States Immigration and Customs Enforcement (USICE) detainer. Enter “P” if the inmate has a potential USICE detainer.
(3) In Box 95, enter “R” if the inmate meets the criteria for an “R” suffix per section 3377.1(b).
(k) Classification Staff Representative (Boxes 117-181):
(1) The CSR determines appropriate housing in keeping with Departmental needs, safety and security, the inmate's placement score and administrative determinants.
(A) The three-letter codes from section 3375.2 shall be used to indicate the administrative determinants. Up to five administrative determinants may be entered in Boxes 156-170.
(B) Reason for administrative or irregular placement (Boxes 179-181).
1. Entered only if the facility's security level where the inmate is placed is not consistent with his/her placement score.
2. Enter one of the administrative determinant's three-letter codes from section 3375.2.
3. CSR approval of an administrative or irregular placement is valid only as long as the inmate's placement score remains within the same facility security level as when the approval was given.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section and new form CDC 841 filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-27-2002 order, including further amendment of section and repealer and new form CDC 841, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
3. Amendment of section heading, section and Note and incorporation by reference of form CDCR Form 841 filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3375.6. Automated Needs Assessment Tool.
Note • History
(a) A validated automated needs assessment tool, as defined in Section 3000, will identify criminogenic needs which are most predictive of criminal behavior. The tool identifies a needs value that demonstrates the level of need from high to low and shall be utilized to assist in placing the inmate in a rehabilitative program. Currently the automated needs assessment tool that is being utilized is the Correctional Offender Management Profiling For Alternative Sanctions (COMPAS) (copyright version 2009), which is hereby incorporated by reference. This tool is subject to change in the future, due to proprietary licensing rights, software version updates, and the department's agreement with the licensed authority.
(1) An automated needs assessment tool shall be administered during the reception center process for all inmates.
(2) An automated needs assessment tool shall be administered during the initial or annual review process for inmates who do not have a completed automated needs assessment tool.
(3) The automated needs assessment tool evaluates the inmate's criminogenic needs in categories such as substance abuse, vocational, educational, criminal personality, family criminality, and anger/violence.
(b) The results of the automated needs assessment tool shall be evaluated during committee actions to assist in determining the inmate's placement and sequencing into rehabilitative programs. The automated needs assessment tool results shall be placed in the inmate's central file.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference Sections 3020, 5054 and 5068, Penal Code.
HISTORY
1. New section filed 5-10-2012 as an emergency; operative 5-10-2012 (Register 2012, No. 19). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-17-2012 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-17-2012 as an emergency; operative 10-17-2012 (Register 2012, No. 42). A Certificate of Compliance must be transmitted to OAL by 1-15-2013 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 providing corrected Certificate of Compliance date (Register 2012, No. 44).
§3376. Classification Committees.
Note • History
(a) The following terms are defined for the purposes of this section:
(1) Camp means the type of subfacility of an institution which is normally located in a rural area and which has no secure (fenced or walled) perimeter. Camp inmates are generally assigned to conservation and/or road details.
(2) Community-access facility (CAF) means any facility located in the community, administrated by the Parole and Community Services Division, where inmates have access to the community for work or training and which has no secure (fenced or walled) perimeter.
(3) Community correctional facility (CCF) means a facility located in the community, administrated by the Parole and Community Services Division, where inmates do not have unsupervised access to the community and which has a secure (fenced) perimeter.
(4) Facility means any institution, community-access facility, community correctional facility, or any camp or other subfacility of an institution under the jurisdiction of the department.
(5) Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.
(b) Each facility shall establish classification committees as provided herein. A quorum for any committee at a CAF shall be a minimum of two persons who shall be the chairperson and recorder. A quorum at all other facilities shall be a minimum of three persons who shall be the chairperson, recorder and any other member.
(c) Composition of committees:
(1) Initial and Unit Classification Committees shall consist of:
(A) Facility captain, correctional captain, or CAF/CCF manager (chairperson).
(B) Correctional counselor III, parole administrator I, parole agent III, or assistant CAF/CCF manager; or, for CAF/CCFs only, designated supervisory peace officer at the rank of correctional lieutenant, or above (alternate chairperson).
(C) Correctional counselor II, correctional counselor I, or parole agent II (recorder).
(D) Assignment lieutenant (initial classification), program lieutenant (unit classification), or CAF/CCF inmate assignment/program coordinator.
(E) Educational or vocational program representative.
(F) Other staff as required.
(2) Institution Classification Committees (ICC) and Facility Classification Committees (FCC) shall consist of:
(A) Warden, regional parole administrator, deputy warden, or deputy regional parole administrator (chairperson).
(B) Correctional administrator or parole administrator I (alternate chairperson).
(C) Psychiatrist or physician.
(D) Facility captain.
(E) Correctional captain.
(F) Correctional counselor III, parole agent III, correctional counselor II, or parole agent II (recorder).
(G) Assignment lieutenant or CAF/CCF inmate assignment/program coordinator.
(H) Educational or vocational program representative.
(I) Other staff as required.
(3) Camp Classification Committee shall consist of:
(A) Correctional lieutenant (chairperson).
(B) Correctional counselor I (alternate chairperson, recorder).
(C) Correctional sergeant.
(D) Staff representative of camp contracting agency.
(d) Classification committee functions:
(1) Initial Classification Committees shall:
(A) Evaluate case factors and assist the inmate to understand facility expectations, available programs, and resources.
(B) Initiate an education, vocational training, or work program; designate a credit earning and privilege group; and assign a custody designation for each inmate.
(C) Refer complex cases to the ICC or FCC.
(D) Recommend transfer of a new arrival determined to be inappropriately placed.
(E) Grant work credits to which the inmate is entitled while in transit.
(2) Unit Classification Committees shall:
(A) Review each inmate's case at least annually to consider the accuracy of the inmate's classification score, custody designation, program, work and privilege group, and facility placement, including recommendation for transfer. A parole violator's first annual review may be delayed for up to five months so that it will coincide with classification score updates.
(B) Change in inmate's work/privilege group.
(C) Conduct post board classification on an inmate within 15 days of receipt of official notice of a Board of Prison Terms' decision regarding the inmate.
(D) Act on an inmate's request for restoration of forfeited credits for less than Division C offenses in accordance with section 3327.
(3) Institution and Facility Classification Committees shall:
(A) Recommend transfer of inmates.
(B) Act on cases referred by lower committees.
(C) Review inmate requests for meritorious sentence reduction to determine compliance with Penal Code section 2935.
(D) Make referrals and recommendations through the chief, classification services, for cases requiring Departmental Review Board (DRB) decisions.
(E) Change an inmate's work/privilege group.
(4) Camp classification committees shall perform all functions designated above for unit and initial classification committees.
NOTE
Authority cited: Sections 3303 and 3309, Welfare and Institutions Code; and Sections 5058 and 6252, Penal Code. Reference: Sections 2933, 5054 and 5068, Penal Code.
HISTORY
1. Repealer and new section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. Repealer and new section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect amending section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing error in subsection (b)(3)(D) (Register 92, No. 5).
9. Repealer of subsection (b)(2)(C), subsection relettering, and amendment of subsection (b)(3)(E) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
10. Amendment of subsection (b)(2)(C) and repealer of subsection (b)(3)(E) and subsection relettering pursuant to Penal Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
12. Amendment of section and Note filed 5-1-97; operative 5-31-97 (Register 97, No. 18).
13. Amendment of subsection (d)(2)(A) filed 7-28-97 as an emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 7-28-97 order transmitted to OAL 10-27-97 and filed 12-8-97 (Register 97, No. 50).
15. Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
16. Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
§3376.1. Departmental Review Board.
Note • History
The Departmental Review Board (DRB) provides the Secretary's final review of classification issues which are referred by an institution head for a resolution or decision at the headquarters level. The DRB decision serves as the Secretary's level decision which is not appealable and concludes the inmate/parolee's departmental administrative remedy of such issues.
(a) Composition of the DRB:
(1) The director or deputy director of the adult institutions division (chairperson).
(2) The director or deputy director of the Division of Adult Parole Operations.
(3) The chief of classification services (shall abstain on DRB issues resulting from a difference of opinion between an institution head and the chief of classification services).
(4) The chief of health services.
(b) Two members shall constitute a quorum.
(c) The DRB shall meet at the call of the chairperson.
(d) Referrals shall be made to the DRB when:
(1) An institution head is unable to resolve a difference of opinion with the chief of classification services.
(2) An institution head believes a clarification of departmental policy of statewide importance is required.
(3) An institution head believes a DRB level decision for placement of an inmate is required because of an unusual threat to the safety of persons or public interest in the case; e.g., commuted or modified death sentence or classification of an inactive gang member or associate. Subsequent DRB reviews of the continued placement of inactive gang members or associates in a security housing unit (SHU) shall occur no earlier than two years after the previous DRB decision. Upon denial of an alternative placement for an inactive gang member or associate, the DRB is authorized to schedule an earlier review of the placement if the DRB determines that it is reasonable to expect that release from SHU will be granted in less than two years.
(4) A difference between a Board of Parole Hearing's program placement order and the department's policies cannot be resolved.
(5) An out-of-state or federal prison placement is recommended by the institution classification committee for a Western Interstate Corrections Compact (WICC), PC Section 11190, an Interstate Corrections Compact (ICC), PC Section 11189, or a Federal Placement, PC Section 2911. A California Out-of-State Correctional Facility (COCF) transfer shall not require a DRB review or institution classification committee action.
(6) Meritorious credit is recommended by an institution classification committee to reduce an inmate's period of confinement pursuant to Penal Code Section 2935.
(7) The inmate's current placement was ordered by the DRB and there is no documentation in the inmate's central file to indicate that the DRB has relinquished responsibility for the inmate's placement.
(e) Decisions of the DRB shall be in writing and implemented within 30 calendar days after the decision is made.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054, 5068 and 11191, Penal Code; Section 8550 and 8567, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; Sandin v. Connor (1995) 515 U.S. 472; and Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146.
HISTORY
1. New section filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
2. Amendment of subsection (d)(3) and Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
4. Amendment of subsection (d)(5) and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
5. Amendment of first paragraph and subsections (a)(1)-(2) and (d)(4) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
6. Certificate of Compliance as to 10-30-2008 order transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
§3377. Facility Security Levels.
Note • History
Each camp, facility, or area of a facility complex shall be designated at a security level based on its physical security and housing capability. Reception centers are not facilities of assignment and are exempt from the security level designations except for the assignment of permanent work crew inmates. The security levels are:
(a) Level I facilities and camps consist primarily of open dormitories with a low security perimeter.
(b) Level II facilities consist primarily of open dormitories with a secure perimeter, which may include armed coverage.
(c) Level III facilities primarily have a secure perimeter with armed coverage and housing units with cells adjacent to exterior walls.
(d) Level IV facilities have a secure perimeter with internal and external armed coverage and housing units described in section 3377(c), or cell block housing with cells non-adjacent to exterior walls.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88,No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect amending section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing errors (Register 91, No. 11).
9. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
10. Amendment of section heading, first paragraph and Note filed 8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 8-27-2002 order transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
§3377.1. Inmate Custody Designations.
Note • History
(a) Designation of a degree of an inmate's custody shall be reasonably related to legitimate penological interests. The CDC uses the following inmate custody designations to establish where an inmate shall be housed and assigned, and the level of staff supervision required to ensure institutional security and public safety:
Maximum Custody,
Close A Custody,
Close B Custody,
Medium A Custody,
Medium B Custody,
Minimum A Custody,
Minimum B Custody,
(1) Maximum Custody.
(A) Housing shall be in cells in an approved segregated program housing unit as described in CCR section 3335 and CCR subsections 3341.5(b) and 3341.5(c).
(B) Assignments and activities shall be within the confines of the approved segregated program housing unit.
(C) An inmate designated as Maximum Custody shall be under the direct supervision and control of custody staff.
(2) Close A Custody Male Inmates.
(A) Housing shall be in cells within Level III and Level IV facilities in housing units located within an established facility security perimeter.
(B) Close A Custody inmates shall be permitted to participate in program assignments and activities scheduled within the hours of 0600 hours to 1800 hours unless hours are extended by the Warden to no later than 2000 hours when it is determined that visibility is not compromised in areas located within the facility security perimeter. Bases for the extended hours include operational necessity, daylight savings time, or availability of high mast lighting. Close A Custody inmates are not permitted beyond the work change area.
(C) Custody staff supervision shall be direct and constant. In addition to regular institutional counts, Close A Custody male inmates shall be counted at noon each day.
(3) Close A Custody Female Inmates.
(A) Housing shall be in cells or in a designated Close Custody dormitory.
(B) Close A Custody female inmates shall be permitted to participate in program assignments and activities scheduled within the hours of 0600 hours to 1800 hours unless hours are extended by the Warden to no later than 2000 hours when it is determined that visibility is not compromised in areas located within the facility security perimeter and the work change area. Bases for the extended hours include operational necessity, daylight savings time, or availability of high mast lighting.
(C) Custody staff supervision shall be direct and constant. In addition to regular institutional counts, Close A Custody female inmates shall be counted at noon each day.
(4) Close B Custody Male Inmates.
(A) Housing shall be in cells within designated institutions in housing units located within an established facility security perimeter.
(B) Close B Custody inmates shall be permitted to participate in program assignments and activities during the hours of 0600 hours to 2000 hours in areas located within the facility security perimeter including beyond the work change area in a designated Level II, Level III or Level IV institution. Close B Custody inmates may participate in designated work program assignments until 2200 hours when the work program is in an assigned housing unit located within the facility security perimeter. Close B Custody inmates may participate in limited evening activities after 2000 hours until the general evening lockup and count when the limited activity is in a designated housing unit located within the facility security perimeter.
(C) The work supervisor shall provide direct and constant supervision of Close B Custody inmates during the inmate's assigned work hours.
(D) Custody staff shall provide direct and constant supervision of Close B Custody inmates at all times.
(5) Close B Custody Female Inmates.
(A) Housing shall be in cells or in a designated Close Custody dormitory located within an established facility security perimeter.
(B) Close B Custody female inmates shall be permitted to participate in program assignments and activities during the hours of 0600 hours to 2000 hours in areas located within the facility security perimeter, including beyond the work change area, in designated Level II, Level III and Level IV institutions.
Code B Custody female inmates may participate in work program assignments until 2200 hours when the work program is in an assigned housing unit located within the facility security perimeter. Close B Custody female inmates may participate in limited evening activities after 2000 hours until the general evening lockup and count when the limited activity is in an assigned housing unity located within the facility security perimeter.
(C) The work supervisor shall provide direct and constant supervision of Close B Custody inmates during the inmates' assigned work hours.
(D) Custody staff shall provide direct and constant supervision of Close B Custody inmates at all times.
(6) Medium A Custody.
(A) Housing shall be in cells or dormitories within the facility security perimeter.
(B) Assignments and activities shall be within the facility security perimeter.
(C) Supervision shall be frequent and direct.
(7) Medium B Custody.
(A) Housing shall be in cells or dormitories within the facility security perimeter.
(B) Assignments and activities shall be within the facility security perimeter. Inmates may be given daytime assignments outside the facility security perimeter but must remain on facility grounds.
(C) Custody staff shall provide frequent and direct supervision inside the facility security perimeter. Custody staff shall provide direct and constant supervision outside the facility security perimeter.
(8) Minimum A Custody.
(A) Housing shall be in cells or dormitories within the facility security perimeter.
(B) Assignments and activities may be inside or outside the facility security perimeter.
(C) Staff supervision shall consist of at least hourly observation if assigned outside the facility security perimeter. Sufficient staff supervision of the inmate shall be provided to ensure the inmate is present if assigned inside the facility security perimeter.
(9) Minimum B Custody.
(A) Housing may be in cells or dormitories on facility grounds, in a camp, in a Minimum Support Facility (MSF) or in a community based facility such as a Community Correctional Facility.
(B) Assignments and activities include eligibility for work or program assignments located either on or off institutional grounds.
(C) Sufficient staff supervision shall be provided to ensure the inmate is present.
(b) An “R” suffix shall be affixed to an inmate's custody designation to ensure the safety of inmates, correctional personnel, and the general public by identifying inmates who have a history of specific sex offenses as outlined in Penal Code (PC) Section 290.
(1) The “R” suffix shall be affixed during reception center processing if one of the following four criteria applies:
(A) The inmate is required to register per PC Section 290.
(B) The inmate's parole was revoked by the Board of Parole Hearings (BPH) formerly known as the Board of Prison Terms/Parole Hearing Division, Good Cause/Probable Cause Finding of an offense that is equivalent to an offense listed in PC Section 290.
(C) The inmate had a BPH formerly known as California Youth Authority/Youth Offender Parole Board sustained adjudication of an offense that is equivalent to an offense listed in PC Section 290.
(D) The inmate had a valid “R” suffix evaluation as defined in this section, resulting in the “R” suffix being affixed.
(2) Inmates with a prior “R” suffix evaluation inconsistent with Section 3377.1(b)(5) shall not have an “R” suffix applied. An “R” suffix evaluation must be completed at the receiving institution.
(3) Within six months of reception or at any time during an incarceration, inmates with records of arrest, detention, or charge of any offenses listed in PC Section 290, shall appear before a classification committee to determine the need to affix an “R” suffix to the inmate's custody designation. The committee shall consider the arrest reports and district attorney's comments related to each arrest.
(A) An inmate found guilty in a disciplinary hearing of a Division A-1, A-2, or B offense that is equivalent to an offense listed in PC Section 290 shall have an “R” suffix evaluation completed by a classification committee.
(4) The receiving institution's initial classification committee shall affix the “R” suffix designation to an inmate's custody during initial classification committee review when it is determined the “R” suffix was not applied at the reception center and the inmate meets one of the criteria listed in Subsection 3377.1(b)(1).
(5) When completing an “R” suffix evaluation, the classification committee shall consider the arrest report(s) and district attorney's comments. However, a classification committee may affix an “R” suffix if the arrest report(s) are available and the district attorney's comments are unavailable. The classification committee shall document in a CDC Form 128-G the attempts/steps taken to obtain the required documentation.
(A) An “R” suffix shall not be affixed when the required documentation is not available for review, unless approved by Departmental Review Board (DRB) decision. If the arrest report is unavailable, the district attorney's comments or any other court or official documents shall be considered if available.
(B) DRB approval is required to affix an “R” suffix to an inmate's degree of custody if the required relevant documents are not available to complete an “R” suffix evaluation.
(6) If a Unit Classification Committee (UCC) finds that an inmate may no longer require an “R” suffix, the committee shall refer the case to the Institution Classification Committee (ICC) for review.
(7) Should a different facility UCC at the same institution disagree with the initial UCC's decision to either affix or not affix the “R” suffix, the committee must refer the case to ICC for review.
(8) ICC can reverse an “R” suffix evaluation by a previous institution's ICC only if new and compelling information is obtained. Otherwise, the case shall be referred for a DRB decision.
(9) An “R” suffix shall not be applied if the inmate was acquitted/found not guilty of the sex related charges in a court of law even if BPH Good Cause/Probable Cause Finding revoked his/her parole for those sex related charges.
(10) Inmates with “R” suffixes shall be housed in accordance with their placement score and shall not be assigned outside the security perimeter.
(11) Inmates who have obtained a valid Certificate of Rehabilitation pursuant to PC Section 4852.01 shall not have an “R” suffix affixed.
(12) An inmate whose “R” suffix has been removed shall be eligible for any housing or assignment for which they otherwise would qualify had the “R” suffix never been designated.
(13) The following terms are defined for the purposes of the “R” suffix custody designation:
(A) Institution means a large facility or complex of subfacilities with a secure (fenced or walled) perimeter headed by a warden.
(B) Facility means a subfacility of an institution headed by a facility captain.
(c) An “S” suffix may be affixed by a classification committee to the inmate's custody designation to alert staff of an inmate's need for single cell housing. The classification committee's decision to affix the “S” suffix shall be based on documented evidence that the inmate may not be safely housed in a double cell or dormitory situation based on a recommendation by custody staff or a health care clinician.
(d) A “D” suffix may be affixed by an Institutional Classification Committee (ICC) to a male inmate's Close Custody designation to indicate the inmate may be housed within a dormitory environment. A mental health clinician or physician shall be present during the ICC classification hearing for placement or removal of a D Suffix to an inmate-patient's custody designation.
(1) A “D” suffix shall only be affixed by ICC if the inmate meets one of the following criteria and the ICC determines the inmate can safely program in dormitory housing based on a review of the inmate's case factors:
(A) Inpatient mental health treatment is deemed clinically necessary and health care staff have determined that required care cannot be provided in a celled environment.
(B) Placement in a specialized medical bed has been deemed clinically necessary and the Health Care Placement Oversight Program staff have determined the required care cannot be provided in a celled environment.
(2) Other security precaution requirements set forth in Section 3377.1 for Close Custody still apply to inmates with a “D” suffix.
(3) The D suffix shall be removed when either of the following occur:
(A) A determination is made by health care staff that the in-patient mental health treatment is no longer necessary and/or can be provided within a celled environment.
(B) A determination is made by health care staff that the in-patient medical care is no longer necessary and/or the Health Care Placement Oversight Program staff have determined appropriate celled housing is available.
NOTE
Authority cited: Section 5058, Penal Code, Reference: Sections 290, 4852.01, 5054 and 5068, Penal Code; Americans With Disability Act (ADA), 42 U.S.C. §12131, et seq.; and Pennsylvania Department of Corrections v. Yeskey (1998) 524 U.S. 206.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect amend section filed 10-22-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
9. Editorial correction of printing error in subsection (a)(9)(B) (Register 92, No. 5).
10. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000; disapproval and order of repeal and deletion reinstating section as it existed prior to emergency amendment by operation of Government Code 11346.1(f) filed 10-18-2000 (Register 2000, No. 42).
12. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code section 5058(e); operative 10-19-2000 (Register 2000, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-19-2000 order, including further amendment of subsections (a), (a)(2)(B) and (a)(3)(B) and amendment of Note, transmitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
14. Amendment of subsections (b)-(b)(1)(D), repealer of subsections (b)(1)(E)-(K), amendment of subsections (b)(2)-(3), new subsection (b)(3)(A), amendment of subsections (b)(4)-(5), new subsections (b)(5)(A)-(b)(13)(B) and amendment of Note filed 11-3-2006; operative 12-3-2006 (Register 2006, No. 44).
15. New subsections (d)-(d)(3)(B) filed 11-14-2011 as an emergency; operative 11-14-2011 (Register 2011, No. 46). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-23-2012 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 11-14-2011 order transmitted to OAL 2-29-2012 and filed 4-5-2012 (Register 2012, No. 14).
§3377.2. Criteria for Assignment of Close Custody.
Note • History
(a) Upon review of an inmate's case factors and need for supervision, a classification committee shall establish a Close Custody designation in accordance with the case factor criteria established in section 3377.2(b).
(1) Upon completing the minimum time requirement for Close Custody as established in 3377.2(b) and being without any finding of guilt for a serious Rules Violation Report for the past 12 months, an inmate's custody shall be considered for reduction by a classification committee.
(2) Departmental Review Board (DRB) approval is required to assign a Close Custody designation to an inmate who does not meet the case factor criteria established in section 3377.2(b).
(3) An ICC may temporarily assign a Close Custody designation to an inmate, for a maximum of 90 days, pending receipt of documents or verification of information needed to make a final determination.
A classification committee may also temporarily assign a Close Custody designation to an inmate who has postponed the disciplinary hearing of a Rules Violation Report (RVR) that qualifies for Close Custody designation pursuant to section 3377.2(b) pending referral for criminal prosecution until the RVR is adjudicated, not to exceed the minimum requirements for Close Custody as established in sections 3377.2(a)(1) and 3377.2(b). Upon adjudication of the RVR, the case shall be returned to a classification committee within 30 days for custody review.
(4) The period of time during which an inmate is Unclassified or designated at Maximum Custody shall not count toward fulfilling the required minimum time period to be served at Close Custody as established in section 3377.2(b).
(5) A period of time during which an inmate is not in the custody of the Department, as defined in section 3000, shall not count toward fulfilling the required minimum time period to be served at Close Custody as established in section 3377.2(b), with an exception granted for inmates housed at a California Out-of-state Correctional Facility (COCF).
(6) Incarceration time served in the Division of Juvenile Justice (DJJ), prior to the inmate's placement in CDCR during the inmate's current term, shall be counted toward fulfilling the required minimum time period to be served at Close Custody. Staff shall apply the provisions described in sections 3377.2(a)(1) and 3377.2(b) to determine the appropriate custody designation.
(7) An inmate who meets more than one Close A Custody case factor shall be designated Close A Custody for the longest required amount of time before becoming eligible for Close B Custody consideration.
(8) An inmate who meets more than one case factor for Close B Custody shall serve the longest required amount of time before he or she is to be eligible for consideration of further custody reduction.
(9) When an inmate paroles or discharges prior to fulfilling the required minimum time period for Close Custody per section 3377.2(b) and later returns to prison, any time remaining to fulfill his Close Custody requirements from his prior term shall not be reimposed. Close Custody shall only be designated based on current case factors, and no credit shall be given for time spent at Close Custody on the prior CDCR term.
(10) When an inmate's judgment (commitment) is vacated or recalled and the inmate is subsequently re-sentenced for the same crime event, resulting in discharge of the original CDCR term and re-commitment to CDCR, the new sentence shall be evaluated for Close Custody eligibility. If the inmate's case factors associated with the new sentence require Close Custody, an ICC shall grant credit for time served at Close Custody and/or a lower custody on the discharged CDCR term. If the inmate has not completely fulfilled the required minimum time period for Close A Custody and/or Close B Custody, the inmate shall be required to serve the remaining Close Custody time as specified in 3377.2(b).
(11) Upon discovery of a custody designation error wherein an inmate should have been designated as Close Custody but was not, or was erroneously reduced from Close Custody, a classification committee shall grant credit for time served at the lower custody toward fulfilling the required minimum time period for Close A Custody and/or Close B Custody. After granting credit for time served at the lower custody, if the inmate has not completely fulfilled the required minimum time period for Close A Custody and/or Close B Custody, the ICC shall evaluate the totality of the inmate's case factors to determine whether to impose the remaining Close Custody obligation or allow the inmate to remain at the lower custody designation. The factors used in the ICC's determination not to impose the remaining Close Custody obligation shall be clearly documented in the classification action. If a subsequent ICC has a difference of opinion regarding the initial waiver of Close Custody under this provision, the case shall be presented to DRB.
(12) On a case-by-case basis, an ICC may waive the Close Custody designation for an inmate who otherwise meets the criteria per section 3377.2(b) if, after an evaluation of the individual's case factors, it is determined the inmate has a permanent and severe physical limitation which diminishes the need for direct and constant supervision.
(A) If the inmate's condition improves and/or the inmate subsequently demonstrates a need for direct and constant supervision, ICC shall grant credit for time served at the lower custody toward fulfilling the required minimum time period for Close A Custody and/or Close B Custody. After granting credit for time served at the lower custody, if the inmate has not completely fulfilled the required minimum time period for Close A Custody and/or Close B Custody, the ICC shall impose the appropriate Close Custody designation and the inmate shall fulfill the remaining time at Close Custody as established in section 3377.2(b).
(B) If a subsequent ICC has a difference of opinion regarding the initial waiver of Close Custody under this provision, the case shall be presented to DRB.
(b) Close Custody Case Factor Criteria:
(1) Lengthy Sentence.
(A) Upon initial classification and custody designation for the current sentence, an inmate serving a sentence of Life Without the Possibility of Parole (LWOP), or serving multiple life terms, or who has 40 years or more remaining to serve as of the date of the initial classification, shall serve at least 3 years at Close A Custody. The inmate shall serve at least 7 years at Close B Custody thereafter.
(B) Upon initial classification and custody designation for the current sentence, an inmate serving a single life term, or who has at least 25 years but less than 40 years remaining to serve as of the date of the initial classification, shall serve at least 1 year at Close A Custody. The inmate shall serve at least 4 years at Close B Custody thereafter.
(C) When a court action, subsequent to an inmate's initial classification and custody designation for the original sentence, increases the inmate's remaining time to serve, and the inmate's time to serve previously did not warrant Close Custody or now requires a longer minimum time period to be served at Close Custody, a classification committee shall grant credit for time served at the lower custody toward fulfilling the required minimum time period for Close A Custody and/or Close B Custody. After granting credit for time served at the lower custody, if the inmate has not completely fulfilled the required minimum time period for Close A Custody and/or Close B Custody, an ICC shall evaluate the totality of the inmate's case factors to determine whether to impose the remaining Close Custody obligation or allow the inmate to remain at the lower custody designation. The inmate's remaining time to serve shall be computed from the date of the classification committee hearing that initially considers the court action. If a subsequent ICC has a difference of opinion regarding the imposition or waiver of Close Custody under this provision, the case shall be presented to DRB.
(D) When a court action, subsequent to an inmate's initial classification and custody designation for the original sentence, decreases the inmate's remaining time to serve, and the time to serve previously warranted Close Custody but no longer does or now requires a shorter minimum time period to be served at Close Custody, a classification committee shall evaluate the inmate for custody reduction within 30 days. The inmate's remaining time to serve shall be computed from the date of the classification committee hearing that initially considers the court action.
(E) Close Custody designation and required minimum time periods for Close Custody shall not be affected by losses and restorations of credit as a result of the Rules Violation Report adjudication process, nor by changes in work group credit earning status.
(F) When a verified administrative error in the computation of the inmate's time to serve is discovered and corrected, which results in the inmate now warranting Close Custody or requiring a longer minimum time period to be served at Close Custody, a classification committee shall grant credit for time served at the lower custody toward fulfilling the required minimum time period for Close A Custody and/or Close B Custody. After granting credit for time served at the lower custody, if the inmate has not completely fulfilled the required minimum time period for Close A Custody and/or Close B Custody, an ICC shall evaluate the totality of the inmate's case factors to determine whether to impose the remaining Close Custody obligation or allow the inmate to remain at the lower custody designation. The inmate's remaining time to serve shall be computed from the date of the classification committee hearing that initially considers the corrected release date. If a subsequent ICC has a difference of opinion regarding the imposition or waiver of Close Custody under this provision, the case shall be presented to DRB.
(2) Escape History. For Close Custody purposes only, an inmate who leaves a non-secure facility without permission and without force and who fails to return is not considered to have escaped.
(A) An inmate convicted of, or whose commitment offense includes, or who is found guilty of a disciplinary report by any law enforcement agency for, Escape With Force or Attempted Escape With Force from any correctional setting or armed escort shall serve at least 8 years at Close A Custody upon the date of return to CDCR, or upon the initial custody classification, or upon the date of release from segregated housing, whichever occurs later. The inmate shall serve at least 5 years at Close B Custody thereafter.
(B) An inmate convicted of, or whose commitment offense includes, or who is found guilty of a disciplinary report by any law enforcement agency for, Escape Without Force or Attempted Escape Without Force from a correctional setting other than a non-secure facility as defined in section 3000, or from an armed escort shall serve at least 5 years at Close A Custody upon the date of return to CDCR, or upon the initial custody classification, or upon the date of release from segregated housing, whichever occurs later. The inmate shall serve at least 5 years at Close B Custody thereafter.
(C) An inmate convicted, or found guilty of a disciplinary report by any law enforcement agency, for plotting or planning to escape from a correctional setting other than a non-secure facility as defined in section 3000 or from an armed escort shall serve at least 2 years at Close A Custody from the date of the conviction or administrative finding of guilt, or upon the initial custody classification, or upon the date of release from segregated housing, whichever occurs later. The inmate shall serve at least 5 years at Close B Custody thereafter.
(3) Detainers. An inmate with an active law enforcement detainer for an offense with a possible penalty of death, lifetime incarceration, or a total term of 50 years or more shall serve at least 3 years at Close A Custody upon placement of the detainer. Thereafter, the inmate shall be assigned no less restrictive custody than Close B Custody until the detainer is removed.
(4) Disciplinary History.
(A) An inmate convicted of, or whose commitment offense includes, or who is found guilty of a disciplinary report by any law enforcement agency for, an in-custody Murder of A Non-Inmate shall be designated Close A Custody. Custody shall not be reduced from Close A Custody.
(B) An inmate convicted of, or whose commitment offense includes, or who is found guilty of a disciplinary report by any law enforcement agency for, an in-custody Murder of an Inmate within the last 10 years shall serve at least 6 years at Close A Custody. The inmate shall serve at least 4 years at Close B Custody thereafter.
(C) An inmate found guilty of a Division A-1 or Division A-2 serious RVR, as set forth in CCR Section 3323, shall serve at least 1 year at Close A Custody. The inmate shall serve at least 2 years at Close B Custody thereafter.
(5) Inactive Prison Gang Member or Associate. An inmate being reduced from Maximum Custody due to reclassification as an inactive prison gang member or associate shall serve at least 1 year at Close B Custody.
(6) Security Concern. When the ICC determines the inmate is a Security Concern as defined in section 3000, the ICC shall assign a Close B Custody designation. The ICC shall review the case and evaluate the need to continue the Security Concern designation no less than annually. Upon designation as a Security Concern, ICC shall refer the case to a Classification Staff Representative for application of the SEC administrative determinant. If an inmate has been designated as a Security Concern for two years and upon ICC review the committee determines continued Close B Custody is necessary, the case shall be referred to DRB for approval.
(c) An inmate received into CDCR on or before June 30, 2012, shall be subject to the Close Custody criteria established July 1, 2012 in section 3377.2 as follows in this subsection. In addition, any new case information received on or after July 1, 2012, or RVR adjudicated on or after July 1, 2012, shall be subject to the Close Custody criteria established July 1, 2012 in section 3377.2.
(1) An inmate who is unclassified on July 1, 2012, shall be subject to the Close Custody criteria established July 1, 2012 in section 3377.2.
(2) An inmate who is Minimum Custody or Medium Custody on July 1, 2012, shall not be increased to Close Custody solely due to the implementation of the Close Custody regulations established July 1, 2012 in section 3377.2.
(3) An inmate who is Close B Custody on July 1, 2012, shall be granted credit for time served at that custody toward fulfilling the required minimum time period for Close B Custody, as established in the Close Custody criteria established July 1, 2012 in section 3377.2(b). If the Close B Custody criteria established July 1, 2012 in section 3377.2(b) require the inmate to serve a greater time period of Close B Custody, the inmate shall serve the time period required pursuant to the Close B Custody criteria established July 1, 2012. An inmate designated as Close B Custody shall not be increased to Close A Custody solely due to the implementation of the Close Custody regulations established July 1, 2012.
(4) An inmate who is Close A Custody on July 1, 2012, shall be granted credit for time served at that custody toward fulfilling the required minimum time period for Close A Custody, as established in the Close Custody criteria established July 1, 2012 in section 3377.2(b). If the Close A Custody criteria established July 1, 2012 in section 3377.2(b) require the inmate to serve a greater time period of Close A Custody, the inmate shall serve the time period required pursuant to the Close A Custody criteria established July 1, 2012.
(5) An inmate who is Maximum Custody on July 1, 2012, for a reason that does not require Close Custody, shall be subject to section 3377.2(c)(1) through section 3377.2(c)(4) during the first classification committee review reducing the inmate from Maximum Custody. The inmate's custody designation prior to the Maximum Custody designation shall be considered with the applicable section [3377.2(c)(1) through 3377.2(c)(4)].
An inmate who is Maximum Custody on July 1, 2012, for a reason that requires Close Custody, shall be subject to the Close Custody criteria established July 1, 2012 in section 3377.2 during the first classification committee review reducing the inmate from Maximum Custody.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Americans With Disability Act (ADA), 42 U.S.C. §12131, et seq.; and Pennsylvania Department of Corrections v. Yeskey (1998) 524 U.S. 206.
HISTORY
1. New section filed 3-27-2000 as an emergency; operative 3-27-2000 (Register 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 9-5-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000; disapproval and order of repeal and deletion repealing section by operation of Government Code 11346.1(g) filed 10-18-2000 (Register 2000, No. 42).
3. New section filed 10-19-2000 deemed an emergency pursuant to Penal Code section 5058(e); operative 10-19-2000 (Register 2000, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-19-2000 order, including further amendment of section and Note, transmitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
5. Amendment filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-26-2012 order, including further amendment of subsections (a)(10), (c) and (c)(2), transmitted to OAL 12-5-2012 and filed 1-17-2013; amendments operative 1-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 3).
7. Editorial correction of History 6 (Register 2013, No. 7).
§3378. Documentation of Critical Case Information.
Note • History
(a) Any information regarding an inmate/parolee which is or may be critical to the safety of persons inside or outside an institution shall be documented as required below on a CDC Form 812 (Rev. 8/01), Notice of Critical Case Information--Safety of Persons (Nonconfidential Enemies); a CDC Form 812-A (9/92), Notice of Critical Information--Prison Gangs Identification; CDC Form 812-B (9/92), Notice of Critical Information--Disruptive Group Identification; and CDC Form 812-C (Rev. 8/01), Notice of Critical Information--Confidential Enemies. The CDC Forms 812, 812-A, 812-B, and 812-C and all documents referred to on the forms shall be filed in the central file of each identified inmate/parolee. Any confidential material affecting the critical case factors of an inmate/parolee shall conform to the provisions of section 3321. Entries on these forms shall not be a substitute for detailed documentation required elsewhere in the central file.
(b) A CDC Form 812, and when applicable a CDC Form 812-C, shall be completed for each newly committed or returned inmate/parolee.
(1) The CDC Forms 812 and 812-C shall be updated as any critical information becomes known and is documented in the inmate/parolee's central file. The forms shall also be reviewed and updated at the time of any change in the inmate/parolee's status or placement.
(2) Any inmate/parolee who claims enemies shall provide sufficient information to positively identify the claimed enemy. Any inmate/parolee identified as an enemy shall be interviewed unless such interview would jeopardize an investigation or endanger any person. The results of the interview or investigation which supports, verifies or disproves the information shall be documented on a CDC Form 128-B, General Chrono.
(3) Notations on the CDC Forms 812 and 812-C, or absence thereof, shall not be the sole basis for a staff decision or action which may affect the safety of any person.
(c) Gang involvement allegations shall be investigated by a gang coordinator/investigator or their designee.
(1) CDC Form 812-A or B shall be completed if an inmate/parolee has been verified as a currently active member/associate, inactive member/associate or dropout of a gang (prison gang or disruptive group) as defined in section 3000. Current activity is defined as any documented gang activity within the past six (6) years consistent with section 3341.5(c)(5).
(2) Information entered onto the CDC Form 812-A or B shall be reviewed and verified by a gang investigator to ensure that the identification of an inmate/parolee as a currently active gang member or associate is supported by at least three independent source items in the inmate/parolee's central file. The independent source items must contain factual information or, if from a confidential source, meet the test of reliability established in section 3321. The verification of an inmate/parolee identified as a gang dropout shall require a formal debriefing conducted or supervised by a gang investigator.
(3) A member is an inmate/parolee or any person who has been accepted into membership by a gang. This identification requires at least three (3) independent source items of documentation indicative of actual membership. Validation of an inmate/parolee or any person as a member of a prison gang shall require at least one (1) source item be a direct link to a current or former validated member or associate of the gang, or to an inmate/parolee or any person who is validated by the department within six (6) months of the established or estimated date of activity identified in the evidence considered.
(4) An associate is an inmate/parolee or any person who is involved periodically or regularly with members or associates of a gang. This identification requires at least three (3) independent source items of documentation indicative of association with validated gang members or associates. Validation of an inmate/parolee or any person as an associate of a prison gang shall require at least one (1) source item be a direct link to a current or former validated member or associate of the gang, or to an inmate/parolee or any person who is validated by the department within six (6) months of the established or estimated date of activity identified in the evidence considered.
(5) A dropout is an inmate/parolee who was either a gang member or associate and has discontinued gang affiliation. This identification requires the inmate/parolee to successfully complete the debriefing process.
(6) The verification of an inmate/parolee's gang identification shall be validated or rejected by the chief, office of correctional safety (OCS), or a designee.
(A) Prior to submission of a validation package to the OCS, or during the inactive status review process, the subject of the investigation shall be interviewed by the Institution Gang Investigator, or designee, and given an opportunity to be heard in regard to the source items used in the validation or inactive status review.
(B) Inmates shall be given written notice at least 24 hours in advance of the interview. The interview may be held earlier if the inmate waives, in writing, the 24-hour preparation period.
(C) All source items referenced in the validation or inactive status review shall be disclosed to the inmate/parolee at the time of notification. The inmate/parolee shall be given copies of all non-confidential documents unless otherwise requested in writing by the inmate/parolee. Confidential information used in the validation or inactive status review shall be disclosed to the inmate/parolee via a CDC Form 1030 (Rev. 12/86), Confidential Information Disclosure Form.
(D) The interview shall be documented and include a record of the inmate's/parolee's opinion on each of the source items used in the validation. Staff shall record this information and provide a written record to the inmate/parolee within fourteen (14) calendar days and prior to submission of the validation package to OCS.
(E) The documented interview shall be submitted with the validation package to the OCS for consideration to approve or reject the validation. The documented interview shall be submitted with the inactive status review to the OCS for consideration of the inmate's/parolee's continued current active or inactive status.
(F) The inmate's mental health status and/or need for staff assistance shall be evaluated prior to interview. Staff assistance shall be assigned per guidelines set forth in section 3318.
(G) The validation and/or rejection of evidence relied upon shall be documented on a CDC Form 128-B2 (Rev. 5/95), Gang Validation/Rejection Review, and forwarded to the facility or parole region of origin for placement in the inmate/parolee's central file. Upon receipt of the CDC Form 128-B2, the Classification and Parole Representative or Parole Administrator I, or their designee, shall clearly note in some permanent manner upon the face of every document whether or not the item met validation requirements.
(7) The CDC Forms 812-A and 812-B shall be reviewed by a classification committee at each annual hearing and upon any review for transfer consideration. This shall be documented on a CDC Form 128-G (Rev. 10/89), Classification Chrono. Questionable gang identifications, notations, or new information shall be referred to a gang investigator for investigation.
(8) The determination of a gang identification shall reference each independent source item in the inmate/parolee's central file. The sources shall be based on the following criteria:
(A) Self admission. Staff shall document information about the inmate/parolee's self-admission and specific involvement with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(B) Tattoos and symbols. Body markings, hand signs, distinctive clothing, graffiti, etc., which have been identified by gang investigators as being used by and distinctive to specific gangs. Staff shall describe the tattoo or symbol and articulate why it is believed that the tattoo or symbol is used by and distinctive of gang association or membership. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(C) Written material. Any material or documents evidencing gang activity such as the membership or enemy lists, constitutions, organizational structures, codes, training material, etc., of specific gangs. Staff shall articulate why, based on either the explicit or coded content, the written material is reliable evidence of association or membership with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(D) Photographs. Individual or group photographs with gang connotations such as those which include insignia, symbols, or validated gang affiliates. The date of a photograph shall be reasonably ascertained prior to any photo being relied upon for inclusion as a source item. No photograph shall be considered for validation purposes that is estimated to be older than six (6) years. Any photograph being utilized as a source item that depicts gang members and/or associates shall require that at least one of the individuals be previously validated by the department, or validated as a member or associate of the gang by the department within six (6) months of the photograph's established or estimated date or origin. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(E) Staff information. Documentation of staff's visual or audible observations which reasonably indicate gang activity. Staff shall articulate the basis for determining the content or conduct at issue is gang related. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(F) Other agencies. Information evidencing gang affiliation provided by other agencies. Verbal information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(G) Association. Information related to the inmate/parolee's association with validated gang affiliates. Information including addresses, names, identities and reasons why such information is indicative of association with a prison gang or disruptive group. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(H) Informants. Documentation of information evidencing gang affiliation from an informant shall indicate the date of the information, whether the information is confidential or nonconfidential, and an evaluation of the informant's reliability. Confidential material shall also meet the requirements established in section 3321. Staff shall articulate how the information specifically relates to the inmate's involvement with the gang as a member or associate. The information may be used as a source of validation if the informant provides specific knowledge of how he/she knew the inmate to be involved with the gang as a member or associate. Multiple confidential sources providing information regarding a single gang related incident or behavior shall constitute one (1) source item. Exclusive reliance on hearsay information provided by informants will not be used for validation purposes. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(I) Offenses. Where the circumstances of an offense evidence gang affiliation such as where the offense is between rival gangs, the victim is a verified gang affiliate, or the inmate/parolee's crime partner is a verified gang affiliate. Staff shall articulate why an offense is gang related. Multiple sources of information relative to a single incident or offense will be considered one (1) source of validation. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(J) Legal documents. Probation officer's report or court transcripts evidencing gang activity. Staff shall assure the document containing this information is disclosed to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(K) Visitors. Visits from persons who are documented as gang “runners”, or community affiliates, or members of an organization which associates with a gang. Staff shall articulate the basis for determining that the relationship between the visitor and inmate is gang related in nature or that the visitor and inmate engaged in a gang related discussion or gang conduct. Staff shall articulate the basis for identifying the visitor as associated with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(L) Communications. Documentation of telephone conversations, conversations between inmates, mail, notes, greeting cards, or other communication, including coded messages evidencing gang activity. Staff shall articulate why, based on either the explicit or coded content, the communication is reliable evidence of association or membership with the gang. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(M) Debriefing reports. Documentation resulting from the debriefing required by (c)(2), above. Only information referencing specific gang related acts or conduct shall be considered as a source item. Multiple sources of information relative to a single gang related offense or activity shall be considered a single source of validation. Staff shall document and disclose this information to the inmate/parolee in a written form that would not jeopardize the safety of any person or the security of the institution.
(d) An inmate housed in the general populations as a gang member or associate may be considered for review for inactive status when the inmate has not been identified as having been involved in gang activity for a minimum of two (2) years. Verification of an inmate's inactive status shall be approved or rejected by the OCS, chief or a designee. The approval or rejection shall be forwarded for placement in the inmate's central file. The Institution Classification Committee shall review and consider this determination at the next hearing and upon review for transfer consideration.
(e) An inmate housed in a security housing unit (SHU) as a gang member or associate may be considered for review of inactive status by the Department Review Board when the inmate has not been identified as having been involved in gang activity for a minimum of six (6) years. Verification of an inmate's inactive status shall be approved or rejected by the chief, OCS, or a designee. The approval or rejection shall be forwarded for placement in the inmate's central file.
(f) A gang member or associate, who is categorized as inactive or validated as a dropout of a prison gang and released from a SHU, may be removed from the general population or any other placement based upon one reliable source item identifying the inmate as an active gang member or associate of the prison gang with which the inmate was previously validated. The source item must identify the inmate as a gang member or associate based on information developed after his or her release from SHU. The source item need not be confidential, but must meet the test of reliability established at section 3321.
(g) The procedures relating to the initial validation or rejection of gang members or associates as described in this section shall be followed when reviewing the present status of an inactive gang member or associate. Verification of an inmate's/parolee's active status shall be approved or rejected by the chief, OCS, or a designee. This determination shall be forwarded for placement in the inmate's/parolee's central file.
(h) A classification committee is authorized to return an inmate to a SHU based upon the restoration of the inmate's gang status and a determination that the inmate's present placement endangers institutional security or presents a threat to the safety of others. As provided at section 3341.5, placement in a SHU requires approval by a classification staff representative.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al. (N.D. Cal., No. C94-2847).
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Amendment of section heading and text and repealer and new forms filed 6-17-94; operative 7-18-94 (Register 94, No. 24).
8. Amendment of subsections (c)(2)-(3) filed 6-1-95 as an emergency; operative 6-1-95 (Register 95, No. 22). A Certificate of Compliance must be transmitted to OAL by 11-8-95 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-1-95 order including amendment of subsection (c)(3) transmitted to OAL 11-3-95 and filed 12-18-95 (Register 95, No. 51).
10. Editorial correction of History 8 (Register 97, No. 12).
11. Amendment of subsections (a) and (c)(2), new subsections (c)(3)-(c)(5), subsection renumbering, amendment of newly designated subsections (c)(6) and (c)(8), new subsections (d)-(f)(3) and amendment of Note filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
13. Change without regulatory effect amending subsection (a) and repealing and adopting new forms 812 and 812-C filed 10-23-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 43).
14. Amendment of section and Note filed 5-25-2006; operative 5-25-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 21).
15. Amendment of subsections (c)(3)-(4), (c)(6)(C)-(E), (c)(8)(B), (c)(8)(D), (c)(8)(F) and (g) filed 6-2-2011; operative 7-2-2011 (Register 2011, No. 22).
Note • History
(a) Debriefing is the process by which a gang coordinator/investigator determines whether an inmate/parolee (subject) has dropped out of a gang. A subject shall be debriefed only upon his or her request, although staff may ask a subject if he or she wants to debrief. Debriefing shall entail a two-step process that includes an interview phase and an observation phase.
(b) The purpose of the debriefing interview is to provide staff with information about the gang's structure, activities and affiliates. A debriefing is not for the purpose of acquiring incriminating evidence against the subject. The object of a debriefing is to learn enough about the subject and the subject's current gang to: (1) allow staff to reasonably conclude that the subject has dropped out of the gang, and (2) allow staff to reclassify the subject based upon the inmate's needs in conjunction with the security of the institution, as well as, the safety and security of staff and other inmates. A requirement of the interview phase is that the inmate provides staff a written autobiography of their gang involvement, which is then verified by staff for completeness and accuracy.
(c) Inmates undergoing the debriefing process shall be subject to a period of observation in a housing setting with other inmates who are also undergoing the debriefing process. The period of observation shall be no greater than 12 months.
(d) Upon completion of the debriefing process, the inmate shall be housed in a facility commensurate with the inmate's safety needs. In the absence of safety needs, the inmate shall be housed in a facility consistent with his or her classification score.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; and Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800.
HISTORY
1. New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
3. Amendment of subsections (b) and (c) filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
§3378.2. Advisement of Rights During Debriefing.
Note • History
A waiver of the right against self-incrimination is not a precondition of an inmate/parolee (subject) undergoing a debriefing since the information is provided for administrative purposes. A subject shall not be required to complete the debriefing process and the subject is free to terminate the debriefing at any time. If, during a debriefing, a subject makes a statement that tends to incriminate the subject in a crime, the gang coordinator/investigator may stop any discussion about the matter and continue on with another topic. Prior to questioning the subject about the incriminating matter, the subject must waive the right against self-incrimination. The decision by the subject to exercise the right against self-incrimination shall not affect the determination of whether the subject successfully participated in the debriefing.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995) 889 F.Supp. 1146; and Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800.
HISTORY
1. New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000 and filed 3-21-2000 (Register 2000, No. 12).
§3378.3. Transitional Housing Unit.
Note • History
The Transitional Housing Unit (THU) shall provide a program of observation to evaluate that an inmate has successfully disassociated from prison gang activity and is capable of programming in a general population (GP) setting. Inmates must have completed the debriefing process from a validated prison gang, as described in section 3378.1, in order to be placed into the THU. Placement into the THU can be from either a Security Housing Unit or from GP. THU inmates shall be housed separately from other GP inmates due to potential safety concerns.
(a) The debriefing process is designed to review, monitor and evaluate each individual and ensure that the inmate participating in the debriefing process is not a threat to staff or other inmates, and has sincerely renounced all prison gang activities. A period of observation and adjustment will follow the debriefing process to ensure that an inmate will be able to program in a GP setting with inmates of all races and ethnic groups, as well as other disassociated prison gang members/associates. The minimum eligible criteria to be placed into the THU shall consist of:
(1) The formal debriefing process as set forth in section 3378.1 must be satisfactorily completed at the Institutional level through the Institution Gang Coordinator/Investigator.
(2) The inmate must be willing to commit to personal change, pursuant to CCR section 3378.1.
(b) The THU program shall be up to 6 months in duration consisting of components to include, but not be limited to, conflict resolution, anger control, substance abuse education, communication skills, individual counseling, educational skills, and group exercises. Inmates will be evaluated by the instructors throughout the program based on participation, behavior, and review of completed assignments.
(c) Upon arrival at the designated THU institution, THU inmates shall be housed in a THU orientation section for a period not to exceed 14 days. The inmate's placement in THU shall be reviewed by a classification committee for affirmation of the inmate's endorsement and consideration of appropriate housing. Inmates shall be advised of program/behavioral expectations, and the requirement that they must attend and actively participate in all assignments and activities.
(1) During the orientation period, inmate's program activities will be primarily limited to housing unit activities.
(2) Inmates shall be advised that participation in all assignments and activities is mandatory, and gang related activity or behavior will not be tolerated. Any disciplinary action deemed serious in nature, or one that is related to gang activity, shall result in referral to a classification committee for program review and possible removal from the THU program.
(d) Upon completion of the orientation period, participants shall be placed in the THU GP portion of the program for approximately 5 months and 2 weeks. Inmates will be assigned work group/privilege group A-1.
(1) Inmates shall be required to double cell in accordance with the Department's Integrated Housing Policy as set forth in section 3269.1.
(2) Inmates must participate in one or more of the offered self help activities, and any assigned work or educational programs.
(3) Inmates shall be allowed special purchases, canteen draw, and allowed to attend religious services when offered within the THU area.
(4) Inmates shall be eligible for work assignments as THU mentors to other THU inmates, THU housing unit porters, or THU clerks.
(e) Upon satisfactory completion of the THU program, inmates shall be referred to a classification committee for transfer consideration. Inmates failing to satisfactorily complete the THU program shall be referred to classification committee for determination of future program and housing needs.
NOTE
Authority cited: section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY
1. New section filed 12-29-2009; operative 1-28-2010 (Register 2010, No. 1).
Note • History
(a) Transfer requirements.
(1) Any inmate transfer from a facility other than a reception center shall require a classification committee action and endorsement by a classification staff representative (CSR). In the cases of civil addicts transferring to community correctional facilities and illegal aliens transferring for the purpose of deportation proceedings, the Classification and Parole Representative (C&PR) may endorse such cases following the classification committee action.
(2) An inmate for whom a recall of commitment report under provisions of Penal Code Section 1170(d) is required, shall not be transferred, unless for emergency medical treatment, until the report is completed. Reception center process cases shall be excluded from this provision.
(3) Except in emergencies or for special housing, inmates shall not be transferred within 90 days of their release date, or within 90 days of a Board of Prison Terms (BPT) appearance. If a case requires transfer within the 90-day period, the appropriate BPT report shall be completed by the sending institution prior to the transfer.
(4) A warden or superintendent may temporarily suspend a scheduled inmate transfer. Such suspension shall constitute a classification action and be recorded on a chrono as provided by section 3375(a)(2) of these regulations, including the reason for the action and a recommendation for an alternative program assignment.
(5) If an inmate has not transferred within 30 days of CSR endorsement, the sending institution shall report that fact to the Chief, Classification Services who shall either direct the institution to proceed with the transfer or present the case to the next CSR for alternative action.
(6) Transfer to another state. Transfer of a California prison inmate to an out-of-state prison facility shall not occur prior to the inmate signing a CDC Form 294, Interstate Compact Placement Agreement, witnessed by the institution head or delegate.
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 294 (REV 7/88)
INTERSTATE COMPACT PLACEMENT AGREEMENT
DATE:
I, ____________________________________________, of my own free will and accord do hereby agree to accept transfer from an institution of the California Department of Corrections to an institution of the State of ___________________________________________________________.
I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379)
I am aware that I may be entitled to revoke my consent and transfer to an institution within California at any time more than five (5) years after transfer. In such case, the transfer shall occur within the next 30 days.
I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations under California Penal Code Section 11191 prior to consenting to such a transfer.
I have exercised that right: Yes __________, No ___________.
I waive my right to consultation with an attorney: Yes __________, No ___________.
I understand that I am expected to remain in an institution within the state to which I am transferred until my release unless I am returned to California by the California Department of Corrections.
I understand that security, treatment, training and care for me will be in keeping with the standards for such programs as administered in California. I understand that my hearings for parole consideration and determination of sentence will be conducted on the same basis as if I were in a California institution.
_______________________________________________ _____ _________________________________________________
Witness Inmate's Signature
______________________________________________________________
CDC Number
Distribution:
Inmate's Central File
Transporting Officer (For the receiving institution)
(7) Transfer to a federal prison. Transfer of a California prison inmate to a federal prison facility shall not occur until:
(A) The inmate has been informed of the right to private consultation with an attorney their choice concerning rights and obligations pursuant to Penal Code section 2911.
(B) The warden or superintendent or delegate has witnessed the inmate's signing of a Federal Prison System Placement Agreement consent form and an acknowledgement of having been informed regarding rights and obligations.
(8) An inmate may, prior to scheduled transfer, revoke their consent to transfer to out-of-state or federal prison.
(9) California Out-of-State Correctional Facility (COCF) Transfers. Every male inmate is potentially eligible for a COCF transfer. Every male inmate shall be reviewed for transfer eligibility to the COCF program during Reception Center processing, at initial classification committees, and at any classification committee when any temporary ineligibility for COCF transfer has been resolved. COCF transfers may occur voluntarily or involuntarily.
(A) Eligibility. A CDCR male inmate is eligible to be transferred to COCF if the inmate:
1. Has remaining time to serve of no less than 6 months and no more than 30 years at the time of CSR endorsement.
2. Is Security level I-III.
3. Has a degree of custody established at or potentially eligible for Medium A, Medium B or Close B Custody.
(B) Ineligibility. A CDCR inmate is ineligible to be transferred if:
1. The inmate has a custody designation level established at or is potentially eligible for Minimum A, Minimum B, or Close A.
2. In CDCR's discretion, considerations such as disciplinary history, security concerns, or other case factors make the transfer of an inmate inappropriate.
(C) Any California inmate who volunteers or is notified that he is eligible for involuntarily transfer to COCF shall be informed of the opportunity to seek legal consultation with an attorney:
1. Prior to the completion of the Institutional Staff Recommendation Summary (ISRS) for Reception Center inmates.
2. Prior to a classification committee for non-Reception Center inmates.
3. Inmates shall have the ability to waive the attorney consultation.
(D) The notification of eligibility, and the notification of opportunity for attorney consultation and interpreter needs, shall be documented on the CDC Form 128-B (Rev 4/74), General Chrono.
(E) The information regarding the attorney consultation or waiver of such consultation by the inmate shall be documented:
1. At the Reception Centers, on the ISRS.
2. For all non-Reception Center inmates, on the CDC Form 128-G (Rev. 10/89), Classification Chrono.
(F) Voluntary Transfer. An inmate who is eligible for transfer to COCF and volunteers for such a transfer shall sign a CDCR Form 2169 (Rev. 8/08), Out Of State Placement Agreement, which is hereby incorporated by reference. Notwithstanding subdivision (a)(6), COCF inmates are not required to sign a CDC Form 294 (Rev. 7/88). Upon notification of potential involuntary transfer, inmates shall no longer be eligible for voluntary transfer.
1. An inmate who volunteers for transfer to COCF may waive his opportunity to consult with an attorney by signing a CDCR Form 2168 (Rev. 08/08), Attorney Waiver Statement, which is hereby incorporated by reference.
2. Inmates with serious medical or dental conditions as determined by designated Health Care staff, or inmates having any other applicable serious medical condition which appropriately designates them under the supervision of the medical Receiver may volunteer for a COCF transfer upon executing written consent. Those inmates who are presently within the Mental Health Services Delivery System at any level of care may not volunteer for a COCF transfer even upon executing written consent, until and unless their transfer is permitted by court order. An inmate for whom appropriate care out of state is available and for whom such transfer will not have a detrimental impact on the healthcare needs of the inmate, and who has executed written consent to transfer to COCF, will be considered for transfer on a case-by-case basis by designated Health Care staff.
(G) Involuntary Transfer. An inmate is not eligible for involuntary transfer if:
1. The inmate has a serious medical or dental condition as determined by designated Health Care Staff, or the inmate has a serious medical condition as determined by designated Health care Staff operating as applicable under the supervision of the medical Receiver.
2. The inmate has a serious mental disorder as defined by the class certification order (executed October 23, 1991) and Revised Program Guide (2009 Revision, Chapter 1, Section D.1., page 12-1-6) of Coleman v. Schwarzenegger and who is a present member of the Mental Health Services Delivery System at any level of care.
3. The inmate is a class member under the federal court decree in Clark v. Schwarzenegger at the level of DD1, DD2 or DD3.
4. The inmate is a class member under the federal court decree in Armstrong v. Schwarzenegger and has a medical condition related to a disability that renders extended travel unsafe and/or requires active medical intervention.
5. The inmate is a class member under the federal court decree in Armstrong v. Schwarzenegger and cannot perform daily living tasks including eating, dressing, and hygiene without personal assistance. Inmates in this group may be housed in Outpatient Housing Units or medical facilities. Inmates who merely require assistance such as another person to carry a tray at meals or read written documents are specifically not excluded from transfer.
6. The inmate is a class member under the federal court decree in Armstrong v. Schwarzenegger and is on dialysis.
(H) Involuntary transfer priorities include but are not limited to the following:
1. Inmates who have been previously deported by the federal government and are criminal aliens subject to immediate deportation; or have been convicted of an aggravated felony as defined by federal statute 8 USC section 1101(a)(43) and are subject to deportation. Inmates in these groups are eligible for involuntary transfer when they have an active hold placed by Immigration and Customs Enforcement (ICE) or they have been referred to ICE by CDCR for a determination of whether ICE will place an active hold on them.
2. Inmates who are paroling outside of California.
3. Inmates who are unassigned and had no visit with an immediate family member as defined in Section 3000 during the one year period prior to the date that the eligibility list with the inmate's name is generated.
4. Inmates in any job assignment, as determined by CDCR, and had no visit with an immediate family member during the one year period prior to the date that the eligibility list with the inmate's name is generated.
5. Inmates who are unassigned. Visiting history will not affect a transfer decision.
6. Inmates in any job assignment, as determined by CDCR. Visiting history will not affect a transfer decision.
7. Any other inmate who is not in any of the groups above but is potentially eligible for a COCF transfer.
(I) Inmates transferred to a COCF program remain under the legal custody of the CDCR and shall be subject to the rules, rights and privileges of the CDCR in accordance with the California Code of Regulations (CCR), Division 3, Title 15.
(b) Placement in level. An inmate endorsed for any level placement and transferred to an institution with several levels shall be placed in the endorsed level facility within 60 days of arrival or shall be referred to the next scheduled CSR for alternative action. A warden or superintendent may temporarily place an inmate in a facility of an institution for which the inmate has not otherwise been endorsed. Such placement shall not exceed 30 days without CSR review and approval. Reasons for such placement may include protection or medical needs of the inmate, an incompleted investigation, disciplinary action, court proceedings, or a pending transfer.
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 802 (REV 7/88)
FEDERAL PRISON SYSTEM PLACEMENT AGREEMENT
DATE:
I, ___________________________________________, of my own free will and accord do hereby agree to accept transfer from an institution of the California Department of Corrections to an institution of the Federal Prison System.
I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations under California Penal Code Section 2911 prior to consenting to such a transfer.
I have exercised that right: Yes______________, No______________.
I waive my right to consultation with an attorney: Yes__________, No___________.
I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379)
I understand that I am expected to remain in an institution of the Federal Prison until discharged or paroled unless I am returned to California by the Department of Corrections.
I understand that the security, treatment, training and care for me will be in keeping with the standards for such programs as administered in California by the Department of Corrections.
I understand that my hearings for parole consideration and determination of sentence will be conducted on the same basis as if I were in a California institution.
____________________________________________________ _______________________________________________________________
Witness Inmate's Signature
_______________________________________________________________
CDC Number
Distribution:
Inmate's Central File
Transporting Officer (For the receiving institution)
(c) Disciplinary and security factors. Prior to transfer of an inmate, the sending institution shall resolve any matters related to incomplete disciplinary punishment or establishment of a determinate period to be served in a SHU at the receiving facility. Disciplinary detention shall be completed, suspended, or commuted to time served. If a transfer related to misbehavior does not require SHU placement but the inmate is transferred to an institution of higher level than indicated by the inmate's classification score, the endorsing CSR shall establish a date for follow-up review by the receiving institution.
(d) Medical and psychiatric transfer.
(1) The sending institution shall, prior to any medical or psychiatric transfer, determine whether the inmate has enemies or might be in danger at the receiving facility, and shall:
(A) Inform staff of the receiving facility by telephone prior to the transfer regarding any precautions needed to protect the inmate.
(B) Make an alternate institutional transfer arrangement which will not jeopardize the inmate.
(2) An inmate transferred to CMF for psychiatric treatment because of acute mental illness requiring inpatient psychiatric hospitalization or because of the recency of a major mental illness or when in partial remission of such illness, is entitled to a hearing regarding the necessity for transfer. Upon arrival at CMF, such inmate shall be served with a Notice of Transfer to California Medical Facility for Mental Health Treatment which shall explain the inmate's rights. The inmate may sign the notice waiving his right to a hearing or if opposed to the transfer, may request a hearing.
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 1011 (REV 7/88)
NOTICE OF TRANSFER TO CALIFORNIA MEDICAL
FACILITY FOR MENTAL HEALTH TREATMENT
Inmate's Name: ____________________________________________________ Today's Date: _______________________________________________________
CDC Number: ____________________________________________________
County of Commitment:___________________________________________________________
You have been transferred to the California Medical Facility to receive mental health treatment. You have a right to the following: (CCR 3379)
A. A hearing to be held at CMF, normally within seven days after your arrival to determine whether your transfer was necessary.
(CCR 3379)
B. Before the hearing your caseworker will help you to prepare for the hearing and will be with you at the hearing. This assistance may include gathering all requested and available documents related to your transfer.
C. The hearing will be conducted by a classification committee, of which one member shall be an “independent decisionmaker” a psychiatrist retained or employed by the Department of Corrections. The independent decisionmaker will not be the doctor who recommended your transfer or your treating psychiatrist at CMF. (CCR 3379)
D. At the hearing, the information which caused your physician to order the transfer will be provided to you. You will be heard in person and can present documentary evidence on your behalf. If the chairperson at the hearing feels that a decision cannot be made without additional information, the hearing may be continued. If it is continued, you will be given the reasons in writing. (CCR 3379)
E. At the hearing, you may present either oral or written testimony of witnesses chosen by you. If any of your witnesses are not allowed to appear for good cause, you will be given the reasons in writing.
(CCR 3379)
F. After the hearing, the independent decisionmaker will inform you in writing of the decision and the reasons for the decision. (CCR 3379)
G. If you disagree with the findings you may appeal the decision to the Director of Corrections for investigation to determine whether the evidence supporting the decision was sufficient. If you decide to appeal, it must be filed within 30 calendar days of the hearing. You will be provided with a ruling within 20 working days after the filing of your appeal.
(CCR 3379)
I have explained this form and the above stated rights to ____________________________________________________________________________
(Inmate's Name)
Dated:___________________________________________________ Signed:
INMATE ACKNOWLEDGEMENT OF NOTICE AND RIGHTS
I have read this form and understood my rights.
Dated:_____________________________________________________ Signed: ___________________________________________________________________________
I hereby agree to receive mental health treatment at the California Medical Facility and waive the above stated rights.
Dated:_______________________________________________________ Signed:__________________________________________________________________________
Distribution:
Hospital Chart
Medical Record
Unit File
(3) The hearing shall be held within seven days from arrival at CMF. If the hearing cannot be held within seven days, the inmate shall be informed in writing of that fact, the reason for the delay, and of an estimated date he may expect the hearing. The hearing shall consist of a classification committee review of the case and shall include the following:
(A) Determination that the inmate has received written notice of the transfer to CMF stating that the inmate has a right to a hearing and that such hearings are normally held within seven days after arrival at CMF.
(B) The information relied upon in ordering the transfer to CMF shall be disclosed to the inmate. The inmate shall be heard in person and be permitted to present evidence, including witnesses, in his behalf.
(C) One member of the classification committee shall be a psychiatrist employed by the Department of Corrections. This person shall be an independent decision maker and shall not be the inmate's treating psychiatrist at either the sending or receiving institution.
(D) Following the hearing, the independent decision maker shall inform the inmate in writing of the committee's decision and the information relied upon in arriving at the decision.
(E) The inmate may appeal the decision. A ruling on such appeal shall be returned within 20 working days.
(4) Periodic clinical progress reports on a CDC Form 128-C shall be made at least quarterly. A summary CDC Form 128-C report, classification action and CSR endorsement are required when an inmate's program category is changed.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2911, 5025, 5054, 5068, 5080 and 11191, Penal Code; Sections 8550 and 8567, Government Code; Governor's Prison Overcrowding State of Emergency Proclamation dated October 4, 2006; Armstrong v. Schwarzenegger, United States District Court, N.D. Cal., No. C-94-2307 CW, Stipulation and Proposed Order issued November 30, 2006; Coleman v. Schwarzenegger, United States District Court, E.D. Cal., No. CIV-S-90-0520 LKK JFM P, Order issued November 6, 2006; and Whitaker v. Rushen (9th Cir. 1983) 720 F.2d 1132, 1135.
HISTORY
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL12-4-87; disapproved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
7. Editorial correction of printing errors in subsection (b), CDC Form 294 and CDC Form 802 (Register 92, No. 5).
8. Amendment of subsection (a)(1) and Note filed 1-30-96 as an emergency; operative 1-30-96 (Register 96, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-29-96 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-30-96 order, including further amendment of subsection (a)(1) and Note, transmitted to OAL 5-14-96 and filed 6-25-96 (Register 96, No. 26).
10. Change without regulatory effect amending subsection (c) filed 3-18-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 12).
11. New subsections (a)(9)-(a)(9)(I) and amendment of Note filed 10-30-2008 as an emergency; operative 10-30-2008 (Register 2008, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-8-2009 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 10-30-2008 order, including further amendment of section and Note, transmitted to OAL 4-1-2009 and filed 5-12-2009 (Register 2009, No. 20).
13. Editorial correction of subsection (a)(9)(G)6. (Register 2009, No. 23).
Subchapter 5. Personnel
Article 1. Wardens, Superintendents, Parole Region Administrators
§3380. Chief Executive Officer.
Note • History
(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 Director of Corrections, wardens, superintendents and parole region administrators will establish such operational plans and procedures as are required by the director 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 director'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 director'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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code and Section 6253, Government Code.
HISTORY
1. Amendment of subsection (d) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
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.
Note • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
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 • History
(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 vocational program, visiting program, yard operation, or dining room operation.
(d) During a state of emergency the institution head or regional parole administrator/deputy director, DAPO, may authorize the postponement of nonessential administrative decisions, actions, and the normal time requirements for such decisions and actions as deemed necessary because of the emergency. This may include, but is not limited to, classification committee hearings, disciplinary proceedings, and the review and action on appeals.
(e) During a state of emergency, the cause and effect shall be constantly reviewed and evaluated by the institution head or regional parole administrator/deputy director, DAPO, through appropriate staff. The facility's affected areas, programs, and operations shall be returned to normal as soon as the institution head or regional parole administrator/deputy director, DAPO, determines that it is safe to do so. Upon termination of a state of emergency, the normal schedules and time frames for administrative decisions and actions pertaining to affected inmates will resume.
NOTE
Authority cited: Section 5058, Penal Code; and Section 11152, Government Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
2. Change without regulatory effect amending section and adding Note filed 3-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Amendment filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
4. Amendment of subsections (a)-(b) and (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
5. New subsection (b) and subsection relettering filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
6. Amendment of subsections (c)(1)-(2) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
§3384. Administrative Visitation.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
Article 2. Employees
§3390. Background Investigations.
Note • History
(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).
(b) Background investigation clearances are not required prior to appointment to classifications in (a) above.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 11-30-93; operative 12-30-93 (Register 93, No. 49). For prior history, see Register 85, No. 26).
2. Change without regulatory effect adding subsection (a)(3) and renumbering subsections filed 8-11-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 33).
Note • History
(a) Employees shall be alert, courteous, and professional in their dealings with inmates, parolees, fellow employees, visitors and members of the public. Inmates and parolees shall be addressed by their proper names, and never by derogatory or slang reference. Prison numbers shall be used only with names to summon inmates via public address systems. Employees shall not use indecent, abusive, profane, or otherwise improper language while on duty. Irresponsible or unethical conduct or conduct reflecting discredit on themselves or the department, either on or off duty, shall be avoided by all employees.
(b) An allegation by a non-inmate of misconduct by a departmental peace officer as defined in section 3291(b), is a citizen's complaint pursuant to Penal Code section 832.5. Citizen's complaints alleging misconduct of a departmental peace officer shall be filed within twelve months of the alleged misconduct.
(c) Persons other than an inmate, parolee or staff who allege misconduct of a departmental peace officer shall submit a written complaint to the institution head or parole administrator of the area in which the peace officer is employed.
(d) Citizens filing complaints alleging misconduct of a departmental peace officer employed by this department are required to read and sign the following statement:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER [this includes a departmental peace officer] FOR ANY IMPROPER POLICE [or peace] OFFICER CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITIZEN'S [or inmates'/parolees'] COMPLAINTS. YOU HAVE A RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY FIND AFTER AN INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN OFFICER BEHAVED IMPROPERLY. CITIZEN [or inmate/parolee] COMPLAINTS AND ANY REPORTS OR FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR AT LEAST FIVE YEARS.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 148.6, 832.5, 5054 and 6250-6253, Penal Code; and Chaker v. Crogan (9th Cir 2005), 428 F.3d 1215.
HISTORY
1. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No.7).
2. Editorial correction of History 1 (Register 96, No. 52).
3. Amendment of section heading, amendment adding new subsection (a) designator, renumbering and amendment of old subsections 3084.7(h)(2) and (h)(3) to new subsections 3391(b) and (c), new subsection (d), and amendment of Note filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97, or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading, amendment adding new subsection (a) designator, renumbering and amendment of old subsections 3084.7(h)(2) and (h)(3) to new subsections 3391(b) and (c), new subsection (d), and amendment of Note refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment of subsections (b) and (d), transmitted to OAL 9-25-97 and filed 11-7-97 (Register 97, No. 45).
7. Amendment of subsection (d) and amendment of Note filed 11-3-2006 as an emergency; operative 11-3-2006 (Register 2006, No. 44). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-12-2007 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-3-2006 order transmitted to OAL 3-12-2007 and filed 4-19-2007 (Register 2007, No. 16).
Employees must report for duty promptly at the time directed and not leave work assignments before completion of their scheduled workday or tour of duty, except with their supervisor's permission. If for any reason an employee is unable to report for duty, the employee must notify his or her supervisor at the earliest possible moment.
Comment: Former DR-5203, punctuality of employees.
§3393. Uniforms, Badges, and Insignia.
Note • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 830.10, Penal Code.
HISTORY
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).
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.
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.
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.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
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.
Note • History
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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 2541 and 5054, Penal Code.
HISTORY
1. Amendment filed 4-10-89; operative 5-10-89 (Register 89, No. 15).
2. Editorial correction of printing errors (Register 92, No. 5).
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.
§3401. Employee and Inmate/Parolee Relations.
Note • History
(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.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and section, including renumbering and amendment of former section 3403 to new subsections (b) and (c), and new Note filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
3. Amendment of subsections (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3401.5. Employee Sexual Misconduct.
Note • History
(a) For the purposes of this section, sexual misconduct means any sexual behavior by a departmental employee, volunteer, agent or individual working on behalf of the Department of Corrections which involves or is directed toward an inmate or parolee. The legal concept of “consent” does not exist between departmental staff and inmates/parolees; any sexual behavior between them constitutes sexual misconduct and shall subject the employee to disciplinary action and/or to prosecution under the law. Sexual misconduct includes, but is not limited to:
(1) Influencing or offering to influence an inmate's/parolee's safety, custody, housing, privileges, parole conditions or programming, or offering goods or services, in exchange for sexual favors; or
(2) Threatening an inmate's/parolee's safety, custody, housing, privileges, work detail, parole conditions or programming because the inmate/parolee has refused to engage in sexual behavior; or
(3) Engaging in sexual act(s) or contact, including:
(A) Sexual intercourse; or
(B) Sodomy; or
(C) Oral Copulation; or
(D) Penetration of genital or anal openings by a foreign object, substance, instrument or device for the purpose of sexual arousal, gratification, or manipulation; or
(E) Rubbing or touching of the breasts or sexual organs of another or of oneself, in the presence of and with knowledge of another, for the purpose of sexual arousal, gratification, or manipulation; or
(F) Invasion of privacy, beyond that reasonably necessary to maintain safety and security; or disrespectful, unduly familiar, or sexually threatening comments directed to, or within the hearing of, an inmate/parolee.
(b) Penalties. All allegations of sexual misconduct shall be subject to investigation, which may lead to disciplinary action and/or criminal prosecution.
(c) Reporting Requirements. Any employee who observes, or who receives information from any source concerning sexual misconduct, shall immediately report the information or incident directly to the institution head, unit supervisor, or highest-ranking official on duty, who shall then immediately notify the Office of Internal Affairs. Failure to accurately and promptly report any incident, information or facts which would lead a reasonable person to believe sexual misconduct has occurred may subject the employee who failed to report it to disciplinary action.
(d) Confidentiality. Alleged victims who report criminal sexual misconduct falling into one of the Penal Code section set forth in Government Code Section 6254(f)(2) shall be advised that their identity may be kept confidential pursuant to Penal Code Section 293.5, upon their request.
(e) Retaliation Against Employees. Retaliatory measures against employees who report incidents of sexual misconduct shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Such retaliatory measures include, but are not limited to, unwarranted denials of promotions, merit salary increases, training opportunities, or requested transfers; involuntary transfer to another location/position as a means of punishment; or unsubstantiated poor performance reports.
(f) Retaliation Against Inmates/Parolees. Retaliatory measures against inmates/parolees who report incidents of sexual misconduct shall not be tolerated and shall result in disciplinary action and/or criminal prosecution. Such retaliatory measures include, but are not limited to, coercion, threats of punishment, or any other activities intended to discourage or prevent an inmate/parolee from reporting sexual misconduct.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 289.6, 293.5 and 5054, Penal Code; and Section 6254, Government Code.
HISTORY
1. New section filed 6-21-2000 as an emergency; operative 6-21-2000 (Register 2000, No. 25). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 11-28-2000 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-21-2000 order transmitted to OAL 10-5-2000 and filed 11-6-2000 (Register 2000, No. 45).
3. Amendment of subsection (d) and repealer of subsection (g) filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
Note • History
(a) Within the scope of their assigned duties, employees are encouraged to consult an inmate's central file for assistance in better understanding the inmate. The contents of the inmate's file are private and privileged information. It will not be discussed with other persons except as is necessary for professional reasons, and will not be the subject of banter between employees or between employees and the inmate to whom it pertains or with other inmates. Information in an inmate's central file may be confidential by law or for reasons relating to institution security and the safety of persons. Such confidential or restricted information must not be disclosed to persons who are not authorized by law and departmental policy and procedures to receive such information.
(b) The central file of a parolee or an inmate may not be removed from the appropriate case records office or an institution without the prior knowledge and approval of the supervising records officer who is responsible for the control and maintenance of the file. Temporary transfer of a central file to another agency for any reason also requires the prior approval of the supervising records officer.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3403. Communications. [Renumbered]
History
HISTORY
1. Renumbering and amendment of former section 3403 to new subsections 3401(b) and 3401(c), and repealer of Comment filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
§3404. Hiring of Ex-Offenders.
Note • History
(a) The director's written approval is required for appointment of an ex-offender.
(b) Ex-offenders shall not, without the director's written approval, be assigned to areas which enable them to access:
(1) Employee records.
(2) Inmate personal or medical information.
(c) An ex-offender shall not be appointed to any position requiring a background clearance until such clearance is received.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Former section 3404 renumbered to section 3404.1 and new section filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
§3404.1. Approval of Ex-Offender Employees Transactions.
Note • History
Relationships involving business and financial transactions between ex-offender employees and other employees shall require the advance approval of each person's hiring authority and also of the regional parole administrator with jurisdiction over any employee on parole.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3404 to new section 3404.1 filed 11-30-93; operative 12-30-93 (Register 93, No. 49).
§3405. Legal Assistance to Inmates and Parolees.
Note • History
Employees must not assist an inmate or parolee in the preparation of any legal document, or give any form of legal advice or service, except as specifically authorized by the warden, superintendent or regional parole administrator. Employees should help inmates and parolees to find qualified assistance for their legal problems.
Comment: Former DR-5216, petitions and writs.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3406. Committed Relatives and Friends of Employees.
Note • History
If an employee becomes aware that any relative or person with whom the employee has or has had either a personal or business relationship, has been committed to or transferred to the jurisdiction of the department, the employee shall notify in writing, the employee's institution head or appropriate director/assistant secretary of that fact.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section heading and section, repealer of Comment, and new Note filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96 and filed 1-6-97 (Register 97, No. 2).
3. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Note • History
Employees may not consume or use food or supplies purchased or produced for an inmate or parolee's use, except as required by the employee's assigned duties or as specifically approved by the warden or superintendent or regional parole administrator.
Comment: Former DR-5218, use of state supplies.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Note • History
Employees must use state vehicles for official business only and as specifically authorized by the warden, superintendent, or regional parole administrator. Employees must not allow an inmate to drive a vehicle on a public road, except in extreme emergency, and must report such instance to the employee's supervisor immediately following the emergency.
Comment: Former DR-5219, use of vehicles.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Employees must not solicit, accept or receive directly or indirectly, any fee, commission, gratuity or gift from any person or business organization doing or seeking to do business with the state.
Comment: Former DR-5220, gifts or gratuities.
Note • History
(a) Employees must not come upon the grounds of an institution or community correctional facility or otherwise report for duty under the influence of intoxicants or drugs. Use of alcohol or drugs to the extent that it interferes with job performance is grounds for dismissal from service.
(b) It is the duty of every employee to promptly report to the warden, superintendent, or regional parole administrator the presence of any person, including an employee on duty, in any correctional facility who is or appears to be under the influence of intoxicants or drugs.
(c) Employees must not bring any kind of alcoholic beverage or any kind of drugs upon the grounds of an institution, community correctional center or camp unless specifically authorized to do so by the warden, superintendent or regional parole administrator. Such authorization may be given for medical or religious sacramental purposes, and for possession by employees who live in state-owned residences outside the security area for their personal use within their assigned residences.
(d) Any employee obtaining for, or delivering to, an inmate or parolee any alcoholic preparations of any kind, or a drug of any type, except as specifically authorized by the warden, superintendent or regional parole administrator, will be subject to dismissal from service and to prosecution by the district attorney.
Comment: Former DR-5221, use of intoxicants or drugs and DR-5222, bringing intoxicants or drugs on institution grounds.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of subsections (b)-(d) and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3411. Reporting of Arrest or Conviction, Change in Weapons or Driving Status.
Note • History
If an employee is arrested or convicted of any violations of law, the employee must promptly notify the institution head or appropriate director/assistant secretary of that fact. Misconduct which impairs an employee's ability to do his or her job, or affects or involves the department, may be cause for disciplinary action. Suspension, revocation, or restrictions to an employee's driving privilege which prohibit the employee from performing any of their job duties, shall be reported to the institution head or appropriate director/assistant secretary. An employee shall also report any change in eligibility to own, possess and have custody/control of any firearm or other weapon authorized by the department.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 921, 922 and 926, Title 18, United States Code.
HISTORY
1. Amendment of section heading and section and new Note filed 12-10-98; operative 1-9-99 (Register 98, No. 50).
2. Amendment filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3412. Personal Firearms. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Repealer filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
Note • History
(a) Employees of the department shall not engage in any other employment or activity inconsistent or incompatible with employment by the department. Conduct deemed to fall in such categories includes, but is not limited to the following:
(1) Using the prestige or influence of the state or the department for private gain or advantage.
(2) Employment or participation in any activity of an illegal nature.
(3) Any employment or other activity which will prevent the employee from doing his or her job as an employee of the department in an efficient and capable manner, or represents a potential conflict of interest or the appearance of a conflict of interest with his or her job.
(4) Employment which will prevent a prompt response to a call to report to duty in an emergency or when otherwise required to be present by his or her supervisor or the warden or superintendent.
(5) Using for private gain the time, facilities, equipment or supplies of the state.
(6) Using workgroup computer technologies to do any of the following:
(A) Publish, display, or transmit information that:
1. Violates or infringes on the rights of other persons, including the right of privacy.
2. Contains defamatory, intentionally false, obscene, pornographic, profane, sexually harassing, threatening, racially offensive, or other unlawfully discriminatory material.
3. Encourages the use of controlled substances.
(B) Conduct activities not related to the mission or work tasks of the department.
(C) Solicit the performance of activities prohibited by law.
(D) Transmit material, information, or software in violation of departmental policies, or local, State, or Federal Law.
(E) Conduct electioneering or engage in political activities.
(F) Engage in non-government related fund raising or public relations activities.
(G) Conduct personal business activities or activities for personal monetary gain.
(H) Purchase or sell unauthorized goods or services.
(7) Providing confidential information to persons to whom issuance of such information has not been authorized, or using such information for private gain or advantage.
(8) Receiving or accepting money or any other consideration from anyone other than the state for performance of an act which the employee would be required or expected to render in the regular course or hours of his or her employment, or as a part of his or her duties as a state employee.
(9) Receiving or accepting, directly or indirectly, any gift, including money, any service, gratuity, favor, entertainment, hospitality, loan, or any other thing of value, from anyone who is doing or is seeking to do business of any kind with the state or whose activities are regulated or controlled in anyway by the state, under circumstances from which it reasonably could be inferred that the gift was intended as a reward or for the purpose of influencing any official action on the employee's part.
(10) Consulting or testifying as a specialist or an expert witness, based on expertise gained in the course of their duties, in any administrative, civil, or criminal action without having given reasonable notice, as defined in section 3413(a)(10)(A), to the chief deputy general counsel of the office of legal affairs.
(A) An employee who is contacted by a fellow employee and/or their representative and/or attorney regarding ongoing or anticipated administrative, civil, or criminal proceedings for the purpose of eliciting expert testimony, as defined in Evidence Code section 720, shall, within one business day, notify in writing the chief deputy general counsel of the office of legal affairs. The written notification shall include all relevant information concerning the contact and a synopsis of the employee's anticipated testimony. The employee whose testimony is sought shall also forward any subpoena served upon them within one business day of service.
(B) The chief deputy general counsel or designee retains the discretion to seek to quash the subpoena on any substantive or procedural grounds before the judicial body through whose authority the subpoena was issued.
(C) This subsection shall not apply when an employee has been requested to testify regarding an event or transaction which he or she has perceived or investigated in the course of his or her duties or when an employee has been requested to testify as an expert witness by the department.
(b) Before engaging in any outside employment, activity or enterprise, including self-employment, the employee must submit a statement to his or her division administrator or to the warden or superintendent, naming the prospective employer, if any, the employer's address and phone number, and an outline of the proposed duties or activities. This must be in sufficient detail to enable the division administrator or the warden or superintendent to determine whether the proposed activity falls in the prohibited class. The division administrator or the warden or superintendent must notify the employee of findings.
(c) Violation of these provisions may result in disciplinary actions up to and including termination of employment with the department or civil action. Criminal prosecution may result from conduct which violates Penal Code Section 502.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 19572, Government Code; and Section 5054, Penal Code.
HISTORY
1. New subsections (a)(7)-(a)(7)(H), subsection renumbering, new subsection (c), repealer of Comment, and new Note filed 2-7-97 as an emergency; operative 2-7-97 (Register 97, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-17-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-7-97 order transmitted to OAL 5-7-97 and filed 6-16-97 (Register 97, No. 25).
3. New subsection (a)(11) filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
4. Amendment filed 12-19-2006; operative 12-19-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 51).
§3413.1. Compensation for Witnesses.
Note • History
(a) Pursuant to Government Code section 68097.2(a), any state employee who is obliged by a subpoena to attend as a witness before any court or other tribunal in any civil action or proceeding in connection with a matter, event, or transaction which they have expertise gained in the course of their duties, shall receive the salary or other compensation to which they are normally entitled from the department during the time the employee travels to and from the place where the court or other tribunal is located and while they are required to remain at the place pursuant to the subpoena. The employee shall also receive from the department the actual necessary and reasonable traveling expenses incurred in complying with the subpoena.
(b) Pursuant to Government Code section 68097.2(b), the department shall require:
(1) The amount of one hundred fifty dollars ($150), to accompany the subpoena upon delivery to the person accepting the subpoena for each day that the state employee is required to remain in attendance pursuant to the subpoena. This amount shall be in the form of a check or money order made payable to the California Department of Corrections and Rehabilitation.
(2) The party at whose request the subpoena is issued to reimburse the department for the full cost incurred in paying the state employee their salary or other compensation and traveling expenses for each day that the employee is required to remain in attendance pursuant to the subpoena.
(c) Any employee who meets the requirements of subsection (a) shall submit to their immediate supervisor an itemized travel expense claim within two business days following his or her testimony.
(d) Any employee who is subpoenaed to testify as to what they witnessed, not for their expertise gained in the course of their employment with the department and received witness fees pursuant to Government Code section 68093, shall relinquish those fees to the department if the employee has been on pay status during the duration of their testimony.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 19572, 68093, 68097.1, 68097.2(a) and (b) Government Code; Section 5054, Penal Code; Title 2, Division 5, Section 18674; and Fox v. State Personnel Board (1996) 49 Cal.App.4th 1034.
HISTORY
1. New section filed 12-19-2006; operative 12-19-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 51).
Note • History
Every employee will be issued a departmental identification card. Employees must, while on duty, carry such card upon their person and produce the card upon request. An employee must promptly report the loss of his or her identification card to the warden or superintendent, or regional parole administrator.
Comment: Former DR-5226, employee identification card.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3415. Employees of Other Agencies.
Persons who are not employed by the Department of Corrections, but who are assigned to or engaged in work at any department facility must observe all rules, regulations and laws governing the conduct of employees at that facility. Failure to do so may lead to exclusion from department facilities.
Comment: Former DR-5227, employees of other agencies.
§3416. Conflict of Interest Code. [Repealed]
Note • History
NOTE
Authority cited: Sections 87300 and 87302, Government Code; and Section 5058, Penal Code. Reference: Section 87300 and 87302, Government Code; and Section 5054, Penal Code.
HISTORY
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34). For prior history, see Register 77, No. 27.
2. Repealer and new section (including Appendix) filed 2-26-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 12-1-80 (Register 81, No. 9).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. New section filed 3-31-87; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 3-9-87 (Register 87, No. 14).
5. Editorial correction of printing errors in Appendices A and B (Register 92, No. 5).
6. Repealer of section and appendices A and B filed 7-12-2006; operative 8-11-2006. Approved by Fair Political Practices Commission 5-24-2006 (Register 2006, No. 28).
Article 3. Employee Services
The only services to be supplied to employees are those officially established by the warden or superintendent and equally available to all employees.
Comment: Former DP-5301, policy, general.
§3421. Employee Associations. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Subject to the limitations of the law, institutions of the department may furnish to employees, for the convenience of the state, the following services. These services are rendered at the employee's own risk. The institution and the department cannot assume any liability for loss, damage, or destruction of the employee's property:
(a) House and room rentals.
(b) Electricity, water, gas and ice, for employees living on institutional grounds.
(c) Minor household repairs to furniture and appliances.
(d) Firewood from salvage operations only.
(e) Meals at employees' dining rooms.
(f) Laundry and dry cleaning.
(g) Shoe and saddle repair.
(h) Barber shop services.
(i) Beauty shop services.
Comment: Former DP-5303, services furnished by institutions.
Subject to all applicable law and the approval of the director, wardens, superintendents and regional administrators will establish procedures to govern the operation and use of such services as are made available to employees. Institutional operational plans may provide for services such as laundry, dry cleaning and shoe repair for employees and for dependent members of the employee's family who reside with the employee. However, no service will be provided to nonemployees which requires their physical presence, except that, when accompanied by an employee, nonemployees may use the services of the employees' dining room and snack bar.
Comment: Former DP-5304, institution regulations to be established for employee services.
The direct sale or disposal to an employee of any article, materials, or supplies owned, produced, or manufactured by the department is prohibited except where specifically authorized by law.
Comment: Former DP-5305, sale of institution products.
No gift, tip or reward will be offered by an employee or be accepted for or by an inmate.
Comment: Former DP-5036, tips, gifts, or rewards.
§3426. Employee Early Intervention Program.
Note • History
(a) The Early Intervention Program (EIP) is a voluntary employee benefit available to all departmental employees, who have sustained an industrial injury/illness. The EIP is designed to provide employees with information regarding the assessment and processing of qualified industrial injury/illness claims, as referenced in subdivision (b), and the available choices regarding benefit options and compensability. The Office of Environmental Health and Safety (OEHS), within the Department, shall administer the EIP.
(b) All employees who have sustained the following qualified injury/illness shall be eligible for an Early Intervention Counselor (EIC) visit, as referenced in (d)(4):
(1) Psychological stress;
(2) Stress-related injuries, including but not limited to, hypertension, cardiac, gastrointestinal; or
(3) Trauma-induced stress, including but not limited to, assault, blood borne pathogen exposure or infectious disease exposure.
(c) All employees with a claimed injury/illness who have an actual or anticipated long-term disability of thirty (30) days or more, or who have an undeterminable or disputed injury shall be eligible for EIC.
(d) Definitions.
(1) Adjusting Agency, means the entity, under a State of California Interagency Agreement with the State Department of Personnel Administration that administers workers' compensations claims on behalf of the Department.
(2) Early Intervention Selection Committee (EISC) means a local committee at the institution(s) comprised of the Director's representatives in a number equal to the number of Employee Representative Associations who bargain with the Department on behalf of employee bargaining units, one representative from each of those Associations, and a non-voting chairperson.
(3) Agreed Medical Panel Doctor (AMPD), means a Physician as defined in Labor Code 3209.3, or a Physician holding a valid license to practice medicine in an adjoining state when services will be rendered in that state, who is authorized by the EISC to provide evaluations and treatment within the scope of the EIP.
(4) Early Intervention Counselor (EIC), means an independent, non-departmental employee, authorized by the EISC, who provides information to qualified injured/ill employees regarding workers' compensation and other employee entitlement benefit options.
(5) Return-to-Work Coordinator (RTWC) means a State employee who is the Department's local representative, entrusted with the responsibility of coordinating the EIP at the local level. The RTWC shall be the chairperson of the EISC.
(e) The EIP shall:
(1) Provide for a qualified injured/ill employee to receive an initial EIC visit, regarding workers' compensation benefit options and other entitlement benefits when referred by the RTWC.
(2) Provide for a qualified injured/ill employee to be referred to an AMPD by the RTWC regarding disputed compensability claims.
(3) Ensure all employee medical and personnel records are kept confidential at all times.
(f) The EISC shall:
(1) Review resumes of qualifications, as referenced in (g)(1), and authorize individuals to provide EIC services within the scope of the EIP for a term of three (3) years;
(2) Review and investigate any verbal or written complaint filed against an EIC, within 120 days of receipt;
(3) Issue a written statement within 30 days of completion of the review to the complainant if complaint is found to be invalid;
(4) Issue a written Notice of Decision via Certified U.S. Mail within 30 days of completion of the review if the complaint is found to have merit. The Notice shall include:
(A) A written statement of charges addressing complaint; and
(B) A written statement informing the EIC of his or her right to appeal within 30 days of mailing of the Notice of Decision; and
(C) A written corrective action order. For purposes of this section, a corrective action order may include, but is not limited to, a written notice to the EIC to provide an explanation of inaccurate EIP information provided to the employee; or a written notice to correct any inaccurate billing statement; or a written notice to cease any unprofessional conduct during the course of an EIC visit. The written corrective action order shall include a time frame during which the matter must be corrected, and a means by which the EIC must notify the EISC of the required corrections; or
(D) A written statement of Intent to Revoke Authorization to provide EIC services.
(5) Conduct a meeting to hear an appeal within 60 days of a request by the EIC, giving the EIC an opportunity to present a defense to any complaint prior to revoking the EIC's authority to provide EIP services.
(6) Make a final determination within 14 days of the appeal, either sustaining, modifying or revoking the Decision after an appeal is heard. The authorization of an EIC to provide services shall be revoked if it is determined that the following has occurred:
(A ) Upon investigation of a serious complaint filed against the EIC, the complaint is found to have merit by the EISC. For the purposes of this section, a serious complaint means an alleged crime or act performed by an EIC, which includes but not limited to those involving theft, fraud, fiscal dishonesty, or sexual misconduct.
(B) The EIC fails to notify the EISC by written statement certifying charges set forth in the corrective action order have been corrected;
(C) The EISC determines inadequate EIC performance due to neglect of duty, misconduct, or illegal or unprofessional conduct.
(D) The EIC fails to appeal the complaint within the 30-day appeal process.
(7) Issue a written Final Decision to the EIC via Certified U.S. Mail.
(8) Base decisions on a simple majority of the members in attendance. The decision of the EISC is final and is not appealable beyond the 30-day appeal process.
(g) The EIC shall:
(1) Submit a resume of qualifications to the RTWC, including, but not limited to, a demonstration of knowledge and experience regarding worker's compensation laws and other employee entitlement benefits;
(2) Respond within seven (7) working days of receipt of a referral by the local RTWC and shall:
(A) Contact the injured/ill employee by telephone at the number provided by the RTWC, or contact the injured/ill employee by Certified U.S. Mail;
(B) Inform the employee about the EIP; and
(C) Schedule an EIC visit, if requested by the employee.
(3) Notify the local RTWC of the scheduled visit with the injured/ill employee within three (3) working days of contact with the employee, if the employee requests an EIC visit;
(4) Explain all benefit options to injured/ill employee during the EIC visit;
(5) Obtain prior approval from the local RTWC for additional telephone calls or visits to the injured/ill employee;
(6) Attend training, if requested, by the OEHS;
(7) Submit billings for early intervention services to the RTWC in accordance with the following:
(A) All billings for casework provided are to be itemized in tenths of an hour.
(B) All EIC visits and casework provided are to be billed at the Professional Hourly Rate of $65.
1. Billable costs include, but are not limited to, initial file review; scheduling contact with employee; contact with employee; meeting with employee; assessment of employee needs; counseling; and guidance. Any file review or consultation with the employee that exceeds two (2) hours shall include a report providing documentation in support of the need for the extended time.
2. Non-billable costs include, but are not limited to, postage, clerical services, photocopies, in-house waiting time, attempted telephone contacts, and in-house staffing.
(C) All reimbursement for mileage are to be billed at the travel rate of $32.50 per hour and $0.31 per mile.
(h) The EIC shall not have access to an employee's confidential medical and personnel records.
(i) The AMPD shall provide medical, psychological, and psychiatric treatment under Labor Code 4600, and provide written opinions or evaluations to assist in decisions regarding compensability pursuant to CCR, Title 8, Section 9785, at the request of the RTWC.
(j) The RTWC shall:
(1) Serve as local EIP coordinator;
(2) Coordinate local EISC meetings at the institution(s) and participate as a non-voting chairperson;
(3) Refer the qualified injured/ill employee to an EIC within three (3) working days of knowledge of the employee's EIP eligibility;
(4) Review, authorize, and forward itemized billings submitted by the EIC for payment to the Adjusting Agency; and
(5) Maintain a log of injured/ill worker EIC referrals and submit to the OEHS by the 10th of every month.
(k) The Adjusting Agency shall:
(1) Compile reports and statistical data as requested by the Department;
(2) Refer departmental injured/ill employees to a Physician for any additional medical, psychological, and psychiatric evaluations as needed to determine compensability for disputed claims; and
(3) Pay itemized bills for EIP services submitted by the RTWC.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code; and Section 3214, Labor Code. Reference: Section 5054, Penal Code; Sections 139.2, 3209.3, 3214, 4600 and 5307.1, Labor Code; CCR, Title 2, Section 714; CCR, Title 8, Sections 9785, 10132 and 10132.1; CCR, Title 15, Div. 3, Section 3434; Section 8547.2(b), Government Code; and State of California, Interagency Agreement, A9450207, AM-IV.
HISTORY
1. New section filed 8-19-2002; operative 9-18-2002 (Register 2002, No. 34).
2. Amendment of subsections (d)(2), (d)(5) and (j)(2) and amendment of Note filed 1-27-2004 as an emergency; operative 1-27-2004 (Register 2004, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2004 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-27-2004 order transmitted to OAL 4-7-2004 and filed 5-18-2004 (Register 2004, No. 21).
Article 4. General Personnel Regulations
Note • History
To successfully meet the challenges and discharge the responsibilities of the department, each institution and parole region requires a skilled and dedicated staff of employees working in close cooperation with a high degree of morale. The department will encourage a high esprit de corps by enabling employees to improve their skills through training, by constant effort to make working conditions safe and pleasant, and by protecting the rights and privileges of employees under civil service laws and rules. Full information regarding rights and responsibilities of employees under civil service may be found at institution personnel offices, the personnel office of the Division of Adult Parole Operations, the departmental personnel office, and the offices of the State Personnel Board.
Comment: Former DP-5401, policy, general.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
§3431. Civil Service. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
Hours of employment will be in accordance with state civil service rules. The wardens, superintendents, and regional parole administrators, with the approval of the Secretary, will determine the hours of employment for all employees under their jurisdiction.
Comment: Former DP-5403, hours of employment.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
Note • History
Employee vacations will be granted at times convenient to the institution, departmental division, and parole region, subject to the approval of the warden, superintendent, or regional parole administrator.
Comment: Former DP-5404, vacations.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Amendment of section and new Note filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
All employees have the right to appeal to the director from any grievance relating to their employment with the department. Such grievances must be submitted through the departmental grievance procedure. This in no way interferes with the right of a civil service employee to appeal or otherwise contest actions as provided by law, the State Personnel Board, or civil service regulations.
Comment: Former DP-5405, grievances.
All new employees will be given prescribed orientation training upon the commencement of their employment. All employees are required to participate in the in-service training program as directed. When work schedules permit, employees may attend in-service training classes on state time during their regular working hours.
Comment: Former DP-5406, in-service training.
§3436. Limited Term Light Duty Assignments.
Note • History
(a) The Hiring Authority may utilize Limited Term Light Duty assignments to allow employees with documented medical limitations to work. The Hiring Authority shall place the employee in a vacant budgeted position within the employee's bargaining unit, or allow the employee to continue working in their current position, while temporarily waiving the essential functions of the job.
(b) No position will be permanently identified as a “light duty” position. Limited Term Light Duty for any one employee shall not extend beyond 60 days in a 6-month period for any medical condition(s). In addition, Limited Term Light Duty shall only be offered for the duration of the vacant budgeted position (not to exceed 60 days).
NOTE
Authority cited: Sections 5054, 5058 and 5058.3, Penal Code. Reference: Section 5058, Penal Code.
HISTORY
1. New section filed 1-31-2005 as an emergency; operative 1-31-2005 (Register 2005, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-11-2005 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-31-2005 order, including amendment of section, transmitted to OAL 6-21-2005 and filed 8-3-2005 (Register 2005, No. 31).
Note • History
NOTE
Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference: Sections 3500 through 3524 and 5054, Penal Code.
HISTORY
1. New section filed 4-7-95; operative 5-8-95 (Register 95, No. 14).
2. Change without regulatory effect renumbering former section 3439 to new section 3369.5 filed 8-1-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 31).
Article 5. Camp Regulations [Repealed]
HISTORY
1. Repealer of article 5 (sections 3440-3444) and section filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
Article 6. Information Practices
§3450. Personal Information Record Access and Amendment.
Note • History
(a) Any person on whom the department maintains a record or file containing personal information has the right to inspect their record or authorize any person to inspect such records on their behalf and to request amendment to correct outdated, inaccurate or incomplete information.
(1) Requests to inspect a record shall be submitted in writing to the office or official responsible for maintaining the record.
(2) Requests to amend a record or file shall be submitted in writing, including documentary evidence to support the proposed amendment, to the source of the contested information, or if the source is not available, to the office or official responsible for maintaining the record.
(b) The denial of a request to amend information may be appealed in writing first to the institution head or headquarters' division head and then to the director, and shall include all documentation pertaining to the requested amendment. Inmates and parolees may appeal the denial of a request using the inmate/parolee appeal process established in these regulations.
(c) When an individual's appeal of the request decision is denied, they may submit to the office or official responsible for maintaining the record a statement of disagreement for placement in the record or file. The statement shall normally be limited to three pages and shall remain a part of the record for as long as the disputed information is retained.
(d) No inmate or parolee shall prepare, handle, or destroy any portion of a departmental record containing confidential information as that term is defined in Section 3321.
(e) No inmate or parolee shall prepare, handle, or destroy any portion of a departmental record containing personal information except:
(1) As provided for in Section 3041(e), or
(2) Their copies of such records provided to them by the Department.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1798.20, Civil Code.
HISTORY
1. Repealer of article 6 (sections 3450-3459) and new article 6 (sections 3450-3453) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
2. Repealer and new section filed 11-9-92; operative 12-9-92 (Register 92, No. 46).
3. Amendment of subsection (d) and new subsections (e)-(e)(2) filed 2-22-95; operative 3-24-95 (Register 95, No. 8).
§3451. Methadone Patient Consent for Disclosure.
Note • History
A methadone patient's written consent to disclosure of their personal or confidential information shall not be revokable until the treatment period for which it was given has concluded or 60 days after signing of the consent, whichever is greater.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Repealer and new section filed 11-9-92; operative 12-9-92 (Register 92, No. 46).
§3452. Access and Amendment of Records. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1798.30-1798.42, Civil Code.
HISTORY
1. Repealer filed 11-9-92; operative 12-9-92 (Register 92, No. 46).
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 1798.17, Civil Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 7. Selection of Professional Consulting Services
§3454. Selection of Professional Consulting Services.
Note • History
(a) The services of private architectural, engineering and other firms, as defined in Section 4525(a) of the Government Code, shall be secured on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Section 4525 et seq., Government Code.
HISTORY
1. New Article 7 (sections 3454-3463) filed 7-12-82; effective thirtieth day thereafter (Register 82, No. 29).
2. Change without regulatory effect amending section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
3. Editorial correction of printing error misstating section title (Register 91, No. 11).
4. Editorial correction of printing error in History 1. (Register 92, No. 5).
5. Amendment of subsection (a), repealer of subsection (b), and amendment of Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
6. Amendment of article heading and section heading filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§3455. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Section 4525 et seq., Government Code.
HISTORY
1. Editorial correction filed 2-19-85 (Register 85, No. 8).
2. Change without regulatory effect repealing section filed 10-29-90 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 6).
3. Amendment of Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
Note • History
(a) Notice of Announcement. Where services subject to this article are identified, a statewide notice of announcement shall be made by the director, or designee, through publications of the respective professional societies.
(b) The notice of announcement shall also be advertised in two major California daily newspapers and in the California State Contracts Register.
(c) Failure of the professional societies or newspapers to publish the notice of announcement shall not operate to invalidate any contract.
(d) Firms selected may be retained for one year or longer, if needed to complete the services.
(e) The announcement in the California State Contracts Register shall include information as identified in Section 14825.1, Government Code.
(f) All announcements in professional societies or newspapers shall contain the following minimal information:
(1) The nature of the work;
(2) The criteria upon which the award shall be made; and,
(3) The time within which statements of interest, qualification and performance data will be received.
NOTE
Authority cited: Section 5058, Penal Code; and Sections 4526 and 4527, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Section 14825.1, Government Code.
HISTORY
1. Amendment of section and Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment of subsections (a) and (d) and amendment of Note filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note • History
The director, or designee, shall establish criteria which will comprise the basis for selection which shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, specialized staff capability, workload, ability to meet schedules and budgets, principals to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards and other considerations deemed relevant. Such factors shall be weighted by the director, or designee, according to the nature of the work to be performed, the needs o the state and complexity and special requirements of the specific work.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of section and Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§3458. Selection of Architects or Engineers.
Note • History
After expiration of the period stated in the publications, the director, or designee, shall evaluate statements of qualifications and performance data submitted by interested firms and on file in the department. The director, or designee, shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required service. From the firms with which the director, or designee, holds discussions, the director, or designee, shall select no less than three, in order of preference, based upon the established criteria, whom the director, or designee, deems to be the most highly qualified to provide the services required. In the event there are fewer than three qualifying submittals, the director, or designee, will make a finding as to whether it is in the best interest of the state to proceed or re-advertise.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§3459. Estimate of Value of Services.
Note • History
Before any discussion with any firm concerning fees, the director, or designee, shall cause an estimate of the value of such services to be prepared. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note • History
The director, or designee, shall attempt to negotiate a contract with the best qualified firm. Should the director, or designee, be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The director, or designee, shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the director be unable to negotiate a satisfactory contract with any of the selected firms, the director, or designee, may select additional firms in order of their competence and qualifications and continue negotiations in the manner prescribed until an agreement is reached.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Note • History
In instances where the state effects a necessary change in the work during the course of performance of the contract, the firm's compensation may be adjusted by mutual written agreement in a reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the parties.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of section and Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
Note • History
Should the director, or designee, determine that it is necessary or desirable to have the work performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the director, or designee, shall have determined that the firm is best qualified to perform the work at reasonable cost, and the contract contains provisions that the state, at its option, may utilize the firm for other phases and the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually-agreed upon and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of section and Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§3463. Small Business Participants.
Note • History
The director, or designee, shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for services for which the director, or designee, concludes that small business firms could be especially qualified. The director, or designee, shall assist firms in attempting to qualify for small business status. A failure of the director, or designee, to send a copy of an announcement to any firm shall not operate to invalidate any contract.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Sections 5054 and 7000 et seq., Penal Code; and Sections 4526 and 4527, Government Code.
HISTORY
1. Amendment of section and Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§3464. Applicability of this Article.
Note • History
This Article shall not apply where the director, or designee, determines that:
(a) The services needed are more of a technical nature, and
(b) The services needed involve little professional judgement; and
(c) Requiring bids would be in the public interest.
NOTE
Authority cited: Section 5058, Penal Code; and Section 4526, Government Code. Reference: Section 4529, Government Code.
HISTORY
1. New section filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment of first paragraph filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
Article 8. Disabled Veteran Business Enterprise Program
§3475. Disabled Veteran Business Enterprise Goal.
Note • History
(a) The disabled veteran business enterprise goal established in Public Contract Code section 10115(c) applies to the overall annual expenditures of the department. The goal shall be used for specific contracts unless the department determines that a more appropriate disabled veteran business enterprise goal shall be used for a specific contract based on one or more of the following conditions:
(1) The contract is for an amount of $15,000 or less.
(2) The department has determined that there are no disabled veteran business enterprises within a reasonable market area.
(3) The department has determined that the project or contract contains no opportunity for subcontracting.
(4) The department has determined that an emergency exists involving the public health, welfare, safety, or security of a facility and/or the public.
(5) The department has determined that the contract for services to be supplied exclusively by an individual or business concern involves minor or insignificant incidental services or supplies.
(6) The department has determined that the contract will result in the state being a user of services normally provided to the public at large, e.g., electricity, gas, water, garbage collection, use of common carriers, and/or over-night accommodations.
(7) The department has determined that there is only one person or entity that can reasonably and effectively perform the required services for which there is minor, insignificant, or no opportunity for subcontracting.
(8) The department has determined that extraordinary circumstances exist which make it impossible for the potential contractor or the department to comply with the disabled veteran business enterprise requirements.
(9) An amendment to an existing contract is either based on one or more of the above conditions or the amendment will not materially change the scope of services, as determined by the department.
(10) The work is to be performed pursuant to a change order or amendment to an existing construction contract.
(b) When it is necessary for the department to establish a more appropriate disabled veteran business enterprise goal for a specific contract, the department shall identify disabled veteran business enterprises and involve them in the contracting process to the extent reasonably possible.
NOTE
Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 and 10115.11, Public Contract Code.
HISTORY
1. Amendment of article heading and renumbering and amendment of former section 3476 opening paragraph to new section 3475 filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 6.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
3. Change without regulatory effect amending subsection (a)(1) filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
4. Amendment of article heading, section heading, and subsections (a), (a)(2), (a)(8) and (b) filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
§3476. Disabled Veteran Business Enterprise Bid and Sole Source Requirements.
Note • History
(a) Within the time frames specified by the department's bid or sole source package, potential contractors shall be required to provide the department with either (1) or (2) below:
(1) Documentation, as required in the department's bid or sole source package, that they have met the disabled veteran business enterprise goal established in the respective package which shall include, but not be limited to, the names of their subcontractors; certification pursuant to section 3477; and dollar amounts of the subcontracts.
(2) Documentation, as required in the department's bid or sole source package pursuant to section 3478 of their good faith effort to meet the disabled veteran business enterprise goal established in the department's bid or sole source package.
(b) For the purpose of this article, a disabled veteran business enterprise must perform a commercially useful function. A disabled veteran business enterprise is considered to be performing a commercially useful function when it meets both of the following criteria:
(1) The business concern is responsible for the execution of a distinct element of the work of the contract; carrying out its obligation by actually performing, managing, or supervising the work involved; and performing work that is normal for its business services and functions.
(2) The business concern is not further subcontracting a greater portion of the work than would be expected by normal industry practices.
NOTE
Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115, 10115.2 and 10115.3, Public Contract Code.
HISTORY
1. Renumbering and amendment of former section 3477 opening paragraph to new section 3476, amendment of section heading and Note filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
3. Amendment of subsections (a)(1) and (a)(2) filed 11-22-96 as an emergency; operative 11-22-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-22-96 order, including amendment of subsection (b), transmitted to OAL 3-20-97 and filed 5-1-97 (Register 97, No. 18).
5. Amendment of section heading and subsections (a)(1)-(b)(1) filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
§3477. Certification of a Disabled Veteran Business Enterprise.
Note • History
(a) As specified in the department's bid or sole source package, potential contractors shall be required to provide the department with certification documentation that a business concern is certified as a disabled veteran business enterprise as defined in Section 3000.
NOTE
Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 2050-2053 and 10115.1, Public Contract Code.
HISTORY
1. Amendment of subsection (a), new section heading, subsection (b) and Note filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
3. Amendment of subsection (a) filed 11-22-96 as an emergency; operative 11-22-96 (Register 96, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-22-96 order, including amendment of section heading, transmitted to OAL 3-20-97 and filed 5-1-97 (Register 97, No. 18).
5. Amendment of section heading and subsection (a) and repealer of subsection (b) filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
§3478. Good Faith Effort Documentation.
Note • History
A potential contractor shall be considered to have made a good faith effort when he/she submits, within specified time limits. documentary evidence, as required in the department's bid or sole source package, that all of the following actions were taken:
(a) Contact was made with the department to identify disabled veteran business enterprise business concerns.
(b) Contact was made with other federal and state agencies and local disabled veteran business enterprise organizations to identify disabled veteran business enterprises.
(c) Advertising was published in trade papers and disabled veteran business enterprise focus paper, as specified in the bid or sole source package, unless time limits imposed by the department did not permit such advertising. Trade papers and disabled veteran business enterprise focus papers, as defined in section 3000, must be acceptable to the department.
(d) Invitations to bid were submitted to potential disabled veteran business enterprise contractors.
(e) Bids submitted by disabled veteran business enterprises were fairly considered.
NOTE
Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115.2-10115.4, Public Contract Code.
HISTORY
1. Renumbering and amendment of former section 3477(b) to new section 3478, new section heading, subsection (e) and Note filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
3. Amendment filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
§3479. Monitoring Disabled Veteran Business Enterprise Goals.
Note • History
(a) The department shall monitor adherence to the disabled veteran business enterprise goal established in Public Contract Code section 10155(c).
(b) Such monitoring may include, but is not limited to, visiting sites and requiring reports from contractors on disabled veteran business enterprise participation.
NOTE
Authority cited: Section 5058, Penal Code; and Section 10115.3(b), Public Contract Code. Reference: Sections 10115 and 10115.3, Public Contract Code.
HISTORY
1. New section filed 10-18-93 as an emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94 and filed 3-16-94 (Register 94, No. 11).
3. Amendment of section heading and section filed 11-13-98 as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99 and filed 3-8-99 (Register 99, No. 11).
Article 9. Joint Venture Program
Note • History
The secretary shall establish Joint Venture Program operations in state prison facilities pursuant to the Prison Inmate Labor Initiative of 1990 (PILI). This program shall allow employers to employ inmates for the purpose of producing goods or services that may be sold to the public. The purpose of the program shall include preparing offenders for return to society by offering relevant job skills and work habits to increase success on parole, thereby benefiting society at large.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference Sections 2717.2 and 5058, Penal Code.
HISTORY
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
3. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
4. Renumbering of former section 3480 to new section 3480.1 and new section 3480 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
§3480.1. Joint Venture Policy Advisory Board.
Note • History
The Joint Venture Policy Advisory Board, established in the department by Penal Code section 2717.4, shall serve to advise the secretary of policies that further the purposes of the Prison Inmate Labor Initiative of 1990. The board shall meet at the call of the chairperson. The secretary shall serve as the chairperson of the board.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sections 2717.4 and 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3480 to new section 3480.1 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
§3481. Joint Venture Employer Selection Criteria.
Note • History
(a) A Joint Venture Employer (JVE) shall be selected on the basis of their ability to further the purpose of the PILI. The secretary shall consider the employer's ability to:
(1) Provide inmates with the means to reimburse the state from earned wages for a portion of the cost of the inmate's room and board.
(2) Provide inmates with the means of paying restitution and compensation to the victims of crime from wages earned.
(3) Employ inmates in productive work and provide them with the opportunity to earn money while encouraging and maintaining safe prison operations.
(4) Provide inmates with the means to support their families to the extent possible.
(5) Teach inmates skills and work habits that may be used upon their release from prison by patterning the operation after those operations outside of prison.
(6) Assist inmates in their rehabilitation.
(7) Assist with retaining or reclaiming jobs for California, supporting new or developing California industries, or creating jobs for a deficient labor market as determined in cooperation with the Employment Development Department.
(b) The secretary shall consider whether the operation will have an adverse impact upon California's labor force.
(c) The secretary shall consider the operation's effect on public safety, security of the institution, and applicable worker safety standards.
(d) The secretary shall consider the financial status and stability of the prospective Joint Venture Employer company prior to the execution of a contract with the Joint Venture Employer.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sections 2717.2, 2717.5 and 5054, Penal Code; and Section 5, Article XIV of the State Constitution.
HISTORY
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
3. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
4. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
5. Amendment of subsections (a), (a)(5), (b) and (c) and new subsection (d) filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
§3482. Joint Venture Program Contracts.
Note • History
(a) In addition to state contract requirements, each Joint Venture Program (JVP) contract shall include, but not be limited to, the following:
(1) A detailed description of the Joint Venture Employer's program operation, including but not limited to, the Joint Venture Employer's type of business and products produced.
(2) The conditions and requirements under which the Joint Venture Employer's non-inmate employees shall be admitted onto or excluded from departmental or departmentally leased property.
(3) A provision for Joint Venture Employer non-inmate employee orientation training which shall consist of those items necessary for employees to operate the industry within the institution in a consistent, secure and effective manner. Ongoing training shall be scheduled as directed by the institution head.
(4) A requirement that inmate-employees shall be paid “comparable wages” as defined by PC section 2717.8. “Comparable wages” means that compensation of inmate-employees by the Joint Venture Employer shall be comparable to the wages paid by the Joint Venture Employer to non-inmate employees performing the same or similar work for that employer. If the Joint Venture Employer does not employ such non-inmate employees in the same or similar work, compensation shall be comparable to wages paid for work of a similar nature in the locality in which the work is to be performed. These wages are subject to the deductions listed in Section 3485(h) and the mandatory savings listed in Section 3485(i).
(5) A provision that the administrator of the JVP shall monitor the wage rates paid to inmate-employees for compliance with the comparable wage requirement of PC section 2717.8.
(6) Hours of inmate employment and work schedule.
(7) Minimum and maximum inmate workforce requirements.
(8) Contraband items.
(9) Work-site security.
(10) Communications.
(11) Utilities.
(12) Responsibilities of the Joint Venture Employer, specifically those regarding:
(A) Obligation to pay inmate-employees comparable wages as required by PC section 2717.8.
(B) Compliance with all applicable record-keeping requirements set forth in the California Labor Code and applicable Industrial Welfare Commission Wage Orders.
(C) General Liability, Fire, Legal, and Automobile Liability Insurance.
(D) Maintenance of production equipment.
(E) Providing production supplies, materials, and equipment.
(F) Adherence to applicable federal, state, and local health and safety laws and regulations.
(G) Inmate-employee benefits.
(H) Notification to inmate-employees of their rights under PC section 2717.8 and relevant Labor Code provisions.
(I) Compliance with the requirements of the department's approved inmate appeal procedures as required by Title 15, California Code of Regulations (CCR) Sections 3084 through 3084.9 or relevant Labor Code provisions.
(J) A Security Bond, or equivalent security, posting requirement shall be included in the contract. The amount of the bond, or its equivalent, shall be not less than two months wages for the workforce contemplated by the Joint Venture Employer after six months of operation, and shall be determined on a case-by-case basis based on, but not limited to, the size of the inmate workforce and the size of space leased by the Joint Venture Employer. The bond, or its equivalent shall be retained by the department for the duration of the contract and may be used by the department in the event a Joint Venture Employer fails to submit payroll or defaults on any of its obligations to the State. The department shall apply the bond first to pay past due wages to inmate-employees and thereafter, the bond shall be available to pay unpaid obligations to the State, including, but not limited to, rent, utilities, workers' compensation, and custody costs.
(K) A requirement that the Joint Venture Employer prepare and submit to the administrator of the JVP for its review and approval:
1. Prior to commencing business, a detailed job description for each job to be performed at the facility;
2. At the time additional jobs are created, a detailed job description for each new job;
3. A revised job description when there is a twenty-five percent or more change in job duties;
4. If there are non-inmate employees performing the same or similar work for that employer, a detailed job description, wage rate, and a wage plan for its non-inmate workforce with documentation; or
5. Annually, an updated, detailed job description for all jobs at the Joint Venture Employer's operation. Duty statements shall include a description of tasks to be performed, machines used, and skills required for each job and shall be certified as to the accuracy of the job description under oath by the JVE.
(L) A requirement that the Joint Venture Employer prepare and submit to the department for its review and approval:
1. Prior to initial start-up of the Joint Venture Employer's operation, a wage plan detailing the comparable wage rate for each position, taking into account seniority, tenure, training, technical nature of the work being performed, or other factors; and
2. Annually, the Joint Venture Employer's current wage plan.
(M) Hiring of eligible inmate-employees, which is a decision within the sole determination of the Joint Venture Employer.
(N) Inmate-employee time keeping.
(O) Workers' Compensation Rate.
(P) Agreement that the Joint Venture Employer's business will not result in the displacement of any non-inmate workers performing the same work.
(Q) The process used by JVE for final selection of inmate-employees.
(R) Sole responsibility of Joint Venture Employer to comply with all applicable federal, state, and local laws and regulations. (Nothing in this section should be construed to modify the responsibility of the State as defined in the California Code Regulations, Title 15, Division 3, Chapter 1, Subchapter 5, Article 9, Section 3484.)
(S) Inmate-employee performance evaluations.
(T) Requirement to post notices of employee rights.
(U) Provision of all applicable inmate-employee payroll data.
(13) Responsibilities of the department/facility, specifically those regarding:
(A) Designation of a Coordinator by the facility.
(B) Lockdowns, modified programs, fog lines and other circumstances under which inmate-employees may be restricted from work.
(C) Right of entry and searches of the area leased by the Joint Venture Employer.
(D) Inmate-employee discipline.
(E) Program evaluation.
(F) Initial screening of potential inmate-employee pool for security purposes.
(b) No Joint Venture Program contract shall be executed by the department that will initiate employment by inmates in the same job classification as non-in-mate employees of the same employer who are on strike or subject to lockout as defined in PC section 2717.6.
(c) The Joint Venture Employer and any and all agents and employees of the Joint Venture Employer shall act in an independent capacity and not as officers or employees of the State. “Joint Venture Program” is merely the colloquial name of the program, and does not create or connote a “joint venture” or partnership relationship between the parties as a matter of law. Nothing in this program shall be construed as constituting the parties herein as partners or joint venturers as those terms are defined under California law or any other law.
(d) Nothing in these regulations is intended to establish an employer/employee relationship between any inmate participating in the Joint Venture Program and the State of California, the department, or any individual agency or office of the State of California.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sections 2717.5, 2717.6, 2717.8, and 5054, Penal Code; Section 5, Article XIV of the State Constitution; and Vasquez v. State of California, 105 Cal.App.4th 849 (2003), Stipulated Injunction and Order, Superior Court of San Diego County, Case No. GIC-740832.
HISTORY
1. New section filed 11-28-90 as an emergency; operative 11-28-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
3. Amendment filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
4. Change without regulatory effect amending subsection (a)(12)(R) filed 1-25-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 4).
5. Amendment of subsections (a), (a)(4)-(5) and (a)(12)(K) and amendment of Note filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
7. Amendment of subsection (a)(12)(I) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsection (a)(13)(B) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
9. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Note • History
(a) The State of California, acting through the Department of General Services, with the approval of the department, shall enter into a lease with all Joint Venture Employer businesses.
(b) In addition to state leasing requirements, each Joint Venture Program lease shall include, but not be limited to, the following:
(1) Description of the leased space.
(2) Lease terms.
(3) Rent to be paid to Department of General Services.
(4) Utility rates.
(5) Maintenance of leased space.
(6) Prohibited/contraband items.
(7) Environmental Compliance.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sections 2717.2 and 5054, Penal Code.
HISTORY
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91, No. 11).
3. Certificate of Compliance as to 11-28-90 order transmitted to OAL 3-21-91 and filed 4-22-91 (Register 91, No. 20).
4. Renumbering of former section 3483 to new section 3485 and new section 3483 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
§3484. Monitoring Comparable Wages and Wage Plans.
Note • History
(a) The JVP shall monitor the wage rates and wage plans submitted by the Joint Venture Employer for compliance with PC section 2717.8. Monitoring shall include, but not be limited to, unannounced on-site visits to determine the accuracy of the job descriptions and to assess compliance with wage plan requirements including compliance with PC section 2717.8. The JVP shall develop a written protocol for these visits and retain a copy of the on-site visit reports for at least five years.
(b) The JVP shall obtain wage data, applicable Standard Occupational Codes (SOC), and survey data from Occupational Employment Surveys (OES) for each inmate-employee job description from the Employment Development Department annually, upon the creation of any new JVE job position, upon the alteration of any existing position, or upon the establishment of any new JVP business.
(c) The JVE job descriptions and wage plans shall be reviewed annually, upon the creation of any new JVE job position, upon the alteration of any existing position, or upon establishment of a new JVP business.
(d) The JVP shall maintain a database which includes each inmate's date of hire, hourly wage, hours worked and the SOC code for each inmate position.
(e) The JVP shall conduct desk audits every ninety days of a randomly selected ten percent of the inmate workforce and shall review salary levels to verify that the comparable wage rates are being paid.
NOTE
Authority cited: 2717.3 and 5058, Penal Code. Reference: Sections 2717.3, 2717.4, 2717.8 and 5054, Penal Code; and Vasquez v. State of California, 105 Cal.App.4th 849 (2003), Stipulated Injunction and Order, Superior Court of San Diego County, Case No. GIC-740832.
HISTORY
1. New section filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
2. Amendment of section and Note filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
§3485. Inmate Joint Venture Program Participation.
Note • History
(a) Inmate employment is “at will” and as such is at the discretion of the employer. The Joint Venture Employer may lawfully terminate inmate-employees at any time with or without cause but not for unlawful reasons. The department may remove inmate-employees from participation in the Joint Venture Program at any time with or without cause.
(b) As a condition of employment, all inmate-employees agree to participate in random urine testing.
(c) Earned wages paid by the Joint Venture Employer will be distributed to inmates by the department once a month, regardless of the frequency the employer issues payroll.
(d) Inmate participation in the Joint Venture Program shall be voluntary as evidenced by their written consent on the department's CDCR Form 1872, (Rev. 9/05) Inmate Participation Agreement -- Joint Venture Program (JVP). The Joint Venture Employer shall provide to all inmates hired written information on the conditions of their participation in the Joint Venture Program. Such information shall include, but not be limited to:
(1) Hours of work and the requirements that comparable wages be paid.
(2) Job description.
(3) Right to file complaints regarding claimed violations of their rights under PC section 2717.8, relevant provisions of the Labor Code, and applicable Industrial Welfare Commission Wage Orders.
(4) Inmates shall not be subject to retaliation, as specified in Title 15, CCR, Section 3084.1(d), by the department for their use of the inmate appeal process, to address Joint Venture Employer-related matters. Neither the Joint Venture Employer nor the department shall retaliate against inmates for exercising rights guaranteed under the State Labor Code or elsewhere in law to address Joint Venture Employer-related matters.
(e) The Joint Venture Employer shall post at the worksite and provide to each inmate-employee a notice of applicable employment laws and relevant Labor Code provisions.
(f) The total daily hours worked by inmate-employees in the same job classification as non-inmate employees of the same Joint Venture Employer who are on strike or subject to lockout shall not exceed, for the duration of the strike, the average daily hours worked for the preceding six months, or if the Joint Venture Program has been in operation for less than six months, for the period of the operations. If the secretary determines upon receipt of written notification by the union representing the non-inmate employees on strike or subject to lockout that such a condition exists, the limitation on inmate-employee work hours shall be implemented within 48 hours.
(g) A separate inmate waiting list shall, if necessary, be maintained for each Joint Venture Program operation.
(1) An inmate's inclusion on any waiting list for a Joint Venture Program operation shall not affect their status on any other waiting lists maintained by the facility until such time as the inmate is employed by the Joint Venture Employer.
(2) If the inmate refuses to work, quits, or is removed from the Joint Venture Program, they shall be immediately returned to their housing unit, temporarily unassigned and referred to a classification committee for placement either on a facility waiting list or, if they refuse to work, in a non-credit earning group pursuant to Title 15, CCR Section 3375.
(h) Wages earned by each inmate participating in a Joint Venture Program operation shall be subject to the following deductions, which shall not exceed 80 percent of the inmate's gross wages:
(1) Federal, state and local taxes.
(2) Twenty percent of the inmate's net wages after taxes shall be for any lawful restitution fine or contributions to any fund established by law compensate the victims of crime.
(3) Twenty percent of the inmate's net wages after taxes shall be for costs of room and board which shall be remitted to the department.
(4) Twenty percent of the inmate's net wages after taxes for allocations for support of family pursuant to state statute, court order, or agreement of the inmate. If the inmate chooses not to send money to a family member, and there is no court-ordered withholding, these funds will be deposited in mandatory savings.
(i) In addition to (h) of 3485, twenty percent of the inmate's net wages after taxes shall be retained for the inmate in mandatory savings under the control of the department.
(1) Funds retained for an inmate's mandatory savings shall be deposited in an interest bearing account.
(2) Inmate-employees who terminate from Joint Venture Program with a savings account balance of $500 or less may voluntarily elect to close their account and have the balance forwarded to their institutional trust account in order to avoid account fees.
(3) Each inmate's savings, plus the interest accrued by their savings, shall be provided to the inmate upon their release. Inmate-employee savings accounts are intended solely for the deposit of wages earned from employment with the JVE. Institution heads may authorize an earlier withdrawal of up to 50% of an inmate's savings in cases where the inmate is sentenced to 15 years or more and the inmate has accrued $6500 or more from Joint Venture wages in their account.
NOTE
Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sections 2717.8 and 5054, Penal Code.
HISTORY
1. Renumbering and amendment of former section 3483 to new section 3485 and new form CDC 1872 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 37).
2. Amendment of subsections (i)(2)-(3) filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
Note • History
If a JVE is found to be in non-compliance with PC section 2717.8 or the provisions of sections 3482(a)(4) and 3482(a)(12)(K), the JVP administrator shall issue a written notice requiring the JVE, within 30 days, to comply with the JVP contract. After 30 days, if the JVE remains non-compliant with the contract, the administrator shall issue to the JVE a written 30-day cancellation notice indicating that the JVE is in material breach of contract. Any bonds held pursuant to 3483(a)(12)(J) shall be forfeited if the JVE is found to be non-compliant. At the close of the 30-day cancellation notice, if the JVE has not come into compliance with the contract, the JVE shall be terminated from the JVP.
NOTE
Authority cited: 2717.3 and 5058, Penal Code. Reference: Sections 2717.8 and 5054, Penal Code; and Vasquez v. State of California, 105 Cal.App.4th 849 (2003), Stipulated Injunction and Order, Superior Court of San Diego County, Case No. GIC-740832.
HISTORY
1. New section filed 10-18-2007 as an emergency; operative 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-2007 order transmitted to OAL 2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
Subchapter 6. Adult Parole
Article 1. Parole Supervision
Note • History
(a) Pursuant to the provisions of Penal Code (PC) section 3000, when an inmate is sentenced under PC section 1168 or 1170 by a court, the California Department of Corrections and Rehabilitation (CDCR) shall release the inmate on parole unless it is waived by the Board of Parole Hearings.
(b) Release on parole means the legal and physical transfer of an inmate from confinement in an institution to the supervision of a parole agent of the CDCR, Division of Adult Parole Operations.
(c) The function of parole is:
(1) To provide for the supervision and surveillance of parolees, including the judicious use of revocation actions.
(2) To provide educational, vocational, family and personal counseling necessary to assist in the transition between imprisonment and discharge, when feasible.
(d) Public safety and security.
(1) Consistent effort will be made to ensure that the public is protected and the effectiveness of inmate/parolee treatment programs are within the framework of departmental security and safety.
(2) Each CDCR employee within the parole process will be trained to understand how employee behavior, supervision levels, personnel, and operative procedures affect the maintenance of public safety and security.
(3) The requirement of compliance with conditions of parole, the law, and the need to protect the public will take precedence over all other considerations in the operation of all programs and activities of the parole process.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1168, 1170, 3000 and 5054, Penal Code.
HISTORY
1. New Subchapter 6 (Articles 1-7, Sections 3500-3562, not consecutive) filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Repealer of Subchapter 6 (Articles 1-7, Sections 3500-3560, not consecutive) and new Subchapter 6 (Article 1, section 3500) filed 3-2-83; effective thirtieth day thereafter (Register 83, No. 12). For prior history, see Registers 79, No. 34; 79, No. 8; 78, No. 29 and 77, No. 40.
3. Editorial correction of printing errors (Register 92, No. 5).
4. Amendment of subchapter and article headings, renumbering of former section 3500 to section 3501 and new section 3500 filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Note • History
Persons committed to the department who are allowed to go upon and remain upon parole or outpatient status, shall conform to the applicable rules established by or under the authority of the Board of Parole Hearings as set forth in Title 15, Divisions 2 and 5 of the California Code of Regulations.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3052 and 5076.2, Penal Code; and Sections 3151 and 3156, Welfare and Institutions Code.
HISTORY
1. New section filed 3-11-2002; operative 4-10-2002 (Register 2002, No. 11).
2. Renumbering of former section 3501 to section 3730 and renumbering of former section 3500 to section 3501, including amendment of section heading and section, filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Note • History
An inmate's case shall be referred to the parole region for supervised parole program development 150 days prior to the expected release date, or immediately if less time remains.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former section 3604 to new section 3502 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
§3503. Assignment to Parole Agent. [Reserved]
Note • History
(a) For the purpose of this section, the following definitions shall apply:
(1) High Control means the highest level of supervision based on commitment offense(s) and prior criminal history. Cases designated high control shall be reserved for persons with violent felony commitments as described in Penal Code (PC) section 667.5(c), PC section 290 registrants; cases generating extensive media or public attention; or cases involving membership in gangs, as stated on CDC Form 812-A (Rev. 9/92) Notice of Critical Information -- Prison Gang Identification, or membership in a disruptive group, as identified on CDC Form 812-B (Rev. 9/92) Notice of Critical Information -- Disruptive Group Identification. The following minimum contact requirements shall apply to these cases:
(A) Face-to-face contact by the first working day following release from custody, but no later than the third working day following release. In most cases it is expected that this contact will take place at the office.
(B) Each month one field contact at the parolee's residence. The first face-to-face residential contact shall be within seven working days following release from custody.
(C) Each thirty days one collateral contact.
(D) If anti-narcotic testing applies, a minimum testing schedule of one test per month.
(E) Case review, thirty calendar days after assignment to this category and, if retained in this category, each sixty calendar days thereafter.
(2) High Service means the level of supervision based on service needs and behavioral patterns and is primarily utilized for the placement of civil addicts, or individuals requiring special assistance such as individuals with severe mental or psychiatric problems. The following minimum contact requirements shall apply to these cases:
(A) Face-to-face contact by the first working day following release from custody, but no later than the third working day following release. In most cases it is expected that this contact will take place at the office.
(B) Each month one field contact at the parolee's residence. The first face-to-face residential contact shall be within seven working days following release from custody.
(C) Each thirty days one collateral contact.
(D) With the exception of civil addicts, if anti-narcotic testing applies, a minimum testing schedule of one test per month. Civil addicts shall be tested weekly; two of which tests must be random/surprise urinalysis tests. One of the two random/surprise tests shall be in the field.
(E) Case review thirty calendar days after assignment to this category and, if retained in this category, each sixty calendar days thereafter.
(3) Control Services means the level of supervision based on commitment offense(s) and prior criminal history, or service needs and behavioral patterns that do not meet the specifications of high control as described in subsection (a)(1) and high service as described in subsection (a)(2). The following minimum contact requirements shall apply for these cases:
(A) Face-to-face contact by the first working day following release from custody and, when possible, the initial interview will be conducted no later than the third working day following release. In most cases, it is expected that this contact will take place at the office.
(B) Two face-to-face contacts per quarter, with at least one being at the parolee's residence. One face-to-face contact at the parolee's residence within fifteen workdays following release from custody.
(C) Each quarter one collateral contact.
(D) If anti-narcotic testing applies, felon parolees shall be tested twice every quarter and non-felon parolees two time each thirty days.
(E) Parolees who complete 180-days of satisfactory parole will automatically be assigned to the minimum supervision category. Exceptions to the automatic reduction shall include violent felony commitments described in PC section 667.5, PC section 290 registrants, cases generating extensive media or public attention, and gang members, as documented on CDC Form 812-A (Rev. 9/92).
(4) Minimum Supervision means the level of supervision based on commitment offense(s) and prior criminal history, and service needs and behavioral patterns. With the exception of parole outpatient clinic attendees and those cases/parolees identified in subsections (a)(1) and (a)(2), felon parolees who complete 180 days of satisfactory parole under control services supervision, absent a case review, shall be assigned to the minimum supervision level category unless the unit supervisor retains the case at the control services level.
One face-to-face contact shall be conducted in the month prior to discharge. If retained on parole, there shall be two field contacts annually.
(5) Collateral Contact means any communication with an individual concerning a parolee. Collateral contacts may be completed in person, via telephone, or by written or electronic medium.
(b) Upon their initial release from an institution/facility, parolees shall not be placed on the minimum supervision level category. Upon their initial release, parolees shall be placed in one of the following categories:
(1) High Control.
(2) High Service.
(3) Control Services.
(4) Non-revocable parole, as described in section 3000.
(c) Civil addicts shall remain in the high service supervision level category until they complete 180 days of continuous drug-free outpatient or civil addict parole.
(d) Exceptions to placement in any of the supervision level categories or reduction in any of the supervision level categories described in subsections (a)(1) through (a)(4) may be made by the unit supervisor on a case-by-case basis.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 290, 667.5(c), 3000.03 and 5054, Penal Code; and Sections 3151 and 3152, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect renumbering former section 3605 to new section 3504 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsection (b), new subsection (b)(4) and amendment of Note filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
§3504.1. Determination of Highest Control or Risk Classification.
Note • History
(a) Any person released on parole who meets the following criteria, is defined as being within the highest control or risk classification:
(1) Is required to register as a sex offender pursuant to Penal Code sections 290 through 290.023.
(2) Has a California Static Risk Assessment (CSRA) risk number value of 5 as provided in California Code of Regulations, Title 15, Division 3, section 3768.1.
(b) If a CSRA risk number value is not available at the time of release on parole, the person shall be assigned a risk number value of 5 for the purposes of release. After release on parole, a CSRA risk number value shall be provided within five business days.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3060.7 and 5054, Penal Code.
HISTORY
1. New section filed 12-13-2011; operative 1-12-2012 (Register 2011, No. 50).
§3504.2. Highest Control or Risk Classification Parole Reporting Requirements.
Note • History
(a) Inmates meeting the criteria for assignment to the highest control or risk classification as provided in subsections 3504.1(a)-(a)(2), upon release from confinement in a State facility, are required to report to their assigned parole unit within two days (48 hours) from time of release.
(1) Inmates shall not be released to the community from a State facility on a Friday or the day before a legal holiday.
(2) If the inmate's release date falls on a Friday or the day before a legal holiday, the inmate shall have his or her scheduled release date adjusted.
(b) For the purposes of subsection 3504.2(a)(1) above, recognized legal holidays are:
(1) New Years Day
(2) Martin Luther King Day
(3) President's Day
(4) Cesar Chavez Day
(5) Memorial Day
(6) Independence Day
(7) Labor Day
(8) Veteran's Day
(9) Thanksgiving Day
(10) Day after Thanksgiving
(11) Christmas Day
(c) Any scheduled release date that is adjusted to a date that would not permit the inmate to report to his or her assigned parole unit within 48 hours of release during normal business hours, will require the inmate to be seen by a parole agent during a weekend or holiday, within 48 hours of release.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3060.7 and 5054, Penal Code.
HISTORY
1. New section filed 12-13-2011; operative 1-12-2012 (Register 2011, No. 50).
Note • History
(a) Inmate/parolees who meet the following criteria shall be placed on non-revocable parole, as described in section 3000, and pursuant to Penal Code (PC) section 3000.03:
(1) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with section 290) of Title 9 of Part 1 of the PC.
(2) Does not have a commitment offense that is a serious felony as defined in PC sections 1192.7 and 1192.8, or a violent felony, as defined in PC section 667.5.
(3) Does not have a prior conviction for a serious felony as defined in PC sections 1192.7 and 1192.8, or a violent felony, as defined in PC section 667.5.
(4) Does not have a current or prior conviction for a sexually violent offense as defined in Welfare and Institutions Code, section 6600(b).
(5) Has not been found guilty of a serious disciplinary offense as defined in this section.
(6) Is not validated as an active or inactive prison gang member or associate as defined in section 3378(c) by the Chief, Office of Correctional Safety, or a designee.
(7) Has signed a notification of parole requirements which include, but are not limited to an agreement to search by law enforcement pursuant to PC section 3067.
(8) Has a low or moderate probability of felony arrest after release to parole upon assessment of risk pursuant to section 3768.1.
(b) Notwithstanding any other provision of this Title, the department is not required to provide services or programs for parolees on non-revocable parole.
(c) For purposes of this section, a serious disciplinary offense is defined as an act of misconduct during the current term of imprisonment, with the exception of possession of inmate manufactured alcohol, which resulted in a finding of guilt for a Division A through C offense pursuant to section 3323(a) through (e).
NOTE
Authority cited: Section 5058.3, Penal Code. Reference: Sections 3000.03, 3067 and 5054, Penal Code.
HISTORY
1. New section filed 1-25-2010 as an emergency pursuant to Penal Code section 5058.3(a)(2); operative 1-25-2010 (Register 2010, No. 5). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-25-2010 order transmitted to OAL 6-17-2010 and filed 7-13-2010 (Register 2010, No. 29).
Article 2. Preventing Parolee Crime Program
§3520. Preventing Parolee Crime Program.
Note • History
The California Department of Corrections and Rehabilitation (CDCR) operates Preventing Parolee Crime Program operations within the department pursuant to Penal Code (PC) section 3068. The program allows providers to provide parolees with housing, sustenance, literacy training, drug treatment networks, job placement assistance, and other services as provided in this article. The purpose of the program is to prepare parolees for a return to society by offering services that increase success while on parole.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New article 2 (sections 3520-3527) and section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3521. Preventing Parolee Crime Program Components.
Note • History
The Preventing Parolee Crime Program includes, but is not limited to, the following Component Programs:
(a) Parolee Service Center Program.
(b) Residential Multi-Service Center Program.
(c) Day Reporting Center Program.
(d) Computer Literacy Learning Center Program.
(e) Drug Treatment Network Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3521.1. Parolee Service Center Program.
Note • History
The Parolee Service Center (PSC) Program assists parolees in becoming productive citizens through transitional housing, and connecting parolees to community resources and support services.
(a) PSC facilities are used for residential placement of eligible parolees on a non-sanctioned basis, meaning that the placement was not the result of an adjudicated parole violation. PSC facilities may be used for residential placement of eligible parolees on a sanctioned basis, meaning that the placement was the result of an adjudicated parole violation at the parole unit level, or as a result of a Board of Parole Hearings action and referral. PSC facilities provide services to newly paroled inmates that do not have available resources, as well as homeless parolees and parolees seeking a positive change to their current situation.
(b) All parolees are eligible for placement in the PSC Program who voluntarily agree to participate in the program, except the following parolees who shall be excluded:
(1) Parolees who are required to register pursuant to PC section 290 (sex offenders) or PC section 457.1 (arson offenders).
(2) Parolees who are in custody pending local criminal charge(s) which could result in continued incarceration.
(3) Parolees currently in need of detoxification.
(4) Parolees with a felony hold.
(5) Parolees with pending felony criminal charges.
(6) Interstate parolees. “Interstate parolees” is defined to mean felons from other states who are in California being supervised under the provisions of the Interstate Compact for Adult Offender Supervision, as provided in PC section 11180.
(7) Inmates released to non-revocable parole as provided in section 3505.
(c) The following parolees will be considered on a case-by-case basis for participation in the PSC Program:
(1) Parolees who have a past or current violent felony conviction pursuant to PC section 667.5(c).
(2) Parolees who have a current felony conviction pursuant to PC section 1192.7(c) and/or 1192.8.
(3) Civil addict commitments.
(4) Parolees with a misdemeanor hold.
(5) Parolees who are designated high notoriety.
(6) Parolees who have a restraining order/court order and/or victim notification in the county of the PSC facility.
(7) Street gang members.
(8) Validated prison gang members.
(d) The PSC Program has an initial placement of 90-days, with the maximum stay not to exceed one year in accordance with subsection 3522(a)(1).
(e) Parolees remain on active parole status while participating in the PSC Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3521.2. Residential Multi-Service Center Program.
Note • History
(a) The Residential Multi-Service Center (RMSC) Program's primary goal is to reduce parolee failures and their subsequent return to prison by providing a variety of services to homeless parolees and those in at-risk living environments.
(b) The RMSC Program offers a variety of services to male and female parolees that include housing, drug counseling, literacy training, job preparation/placement, anger management classes, as well as individual and group counseling. The program offers a standard placement of up to six months of residence with participation in a 90-day aftercare program. Parolees may be allowed to stay in residence up to a maximum of one year, as provided in subsection 3522(a)(1).
(c) All parolees are eligible for placement in the RMSC Program who voluntarily agree to participate in the program, except the following parolees who shall be excluded:
(1) Parolees who are required to register pursuant to PC section 290 (sex offenders) or PC section 457.1 (arson offenders).
(2) Parolees who are in custody pending local criminal charge(s) which could result in continued incarceration.
(3) Parolees currently in need of detoxification.
(4) Parolees with a felony hold.
(5) Parolees with pending felony criminal charges.
(6) Interstate parolees as defined in subsection 3521.1(b)(6).
(7) Inmates released to non-revocable parole as provided in section 3505.
(d) The following parolees will be considered on a case-by-case basis for participation in the RMSC Program:
(1) Parolees who have a past or current violent felony conviction pursuant to PC section 667.5(c).
(2) Parolees who have a current felony conviction pursuant to PC section 1192.7(c) and/or 1192.8.
(3) Civil addict commitments.
(4) Parolees with a misdemeanor hold.
(5) Parolees who are designated as a Public Interest Case.
(6) Parolees who have a restraining order/court order and/or victim notification in the county of the RMSC facility.
(7) Street gang members.
(8) Validated prison gang members.
(e) Parolees remain on active parole status while participating in the RMSC Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
2. Amendment of subsection (d)(5) filed 6-26-2012 as an emergency; operative 7-1-2012 (Register 2012, No. 26). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 12-10-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-26-2012 order transmitted to OAL 12-5-2012 and filed 1-17-2013 (Register 2013, No. 3).
§3521.3. Day Reporting Center Program.
Note • History
The Day Reporting Center (DRC) Program provides “one-stop” parolee resource centers. The DRC Program conducts a comprehensive intake evaluation and assessment on referral parolees to determine their specific needs.
(a) Where available under the DRC Program, transitional housing shall be made available to eligible parolees who have no existing housing arrangement, or are living in an environment which is not conducive to maintaining a drug, alcohol, and/or crime-free lifestyle. Parolee housing may be dormitory style or individual rooms. The transitional living environment must be clean and conducive to alcohol and drug-free living.
(b) All Parolees are eligible for placement in the DRC Program who voluntarily agree to participate in the program, except the following parolees who shall be considered on a case-by-case basis:
(1) Parolees who are required to register pursuant to PC section 290 (sex offenders).
(2) Parolees who have a current or prior conviction for arson pursuant to PC sections 451(a), 451(b) or 451.5.
(c) Parolees remain on active parole status while participating in the DRC Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3521.4. Computer Literacy Learning Center Program.
Note • History
The Computer Literacy Learning Center (CLLC) Program is a computer-assisted instructional program designed to increase the literacy skills of parolees, resulting in increased parolee employability and parole success. The primary educational focuses are: to identify the reading level and reading deficits of the parolees enrolled in the program; provide a user friendly training methodology; provide life skills training; and to provide employment competency training. All parolees are eligible for placement in the CLLC Program who voluntarily agree to participate in the program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3521.5. Drug Treatment Network Program.
Note • History
The Drug Treatment Network Program utilizes an education based program designed to provide substance abuse and relapse prevention instruction to parolees in need of substance abuse education. The Drug Treatment Network Program utilizes, but is not limited to, the Substance Abuse Treatment and Recovery (STAR) Program. All Parolees are eligible for placement in the Drug Treatment Network Program who voluntarily agree to participate in the program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3522. Preventing Parolee Crime Program Placement.
Note • History
(a) Placement into a Preventing Parolee Crime Program Component Program will vary depending upon the needs of the parolee, and type of program that is required.
(1) For residential placement programs, placement times may vary. Some are for 90 days and others are for 180 days. Parolees may be allowed to stay longer, up to a maximum of one year, as determined on a case-by-case basis.
(2) Placement in non-residential programs will vary depending upon program availability.
(b) Staff shall not require that a parolee attend Alcoholics Anonymous, Narcotics Anonymous, or any other religious based program if the parolee refuses to participate in such a program for religious reasons. Under these circumstances, the parolee shall be referred to a program that is a non-religious based program. To facilitate program participation, it may be necessary to transfer the parolee to another county, as provided in subsection 3523(b).
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3523. Procedures for Placing Parolees in a Component Program of the Preventing Parolee Crime Program.
Note • History
(a) Parole agents may place parolees in a Component Program of the Preventing Parolee Crime Program utilizing the CDCR Form 1502 (Rev. 10/06), Activity Report.
(b) Placement into some Component Programs of the Preventing Parolee Crime Program may require placement into a county outside of the parolee's county of last legal residence, as defined in PC section 3003. When reviewing a transfer outside of the county of last legal residence, the parolee's compliance with the requirements of PC section 3003 must be considered.
(c) A parolee's continued presence in a Component Program of the Preventing Parolee Crime Program is contingent upon the parolee participating in the program and is at the discretion of the Component Program facilitator and the parole agent. The parole unit supervisor will consider all case factors and the parolee's overall adjustment into the community and make the final decision on any issues that cannot be resolved between the Component Program facilitator and the parole agent.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3003, 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3525. Preventing Parolee Crime Program Site Restriction.
Note • History
(a) All Preventing Parolee Crime Program Component Programs, as described in section 3521, shall ensure that the property line of any new program facility meets the following site restriction criteria:
(1) Compliance with all local ordinance zoning restrictions.
(2) The property line of the facility is no closer than 300 feet from a school, park, daycare facility, or place where children regularly gather.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
§3526. Status While Participating in the Preventing Parolee Crime Program.
Note • History
Parolees shall remain on active parole status while participating in the Preventing Parolee Crime Program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
Note • History
The Preventing Parolee Crime Program will be continually monitored to examine the program's impact upon the supervision, control, and sanction of parolees under the jurisdiction of the sampled parole units.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3068 and 5054, Penal Code.
HISTORY
1. New section filed 3-3-2011; operative 4-2-2011 (Register 2011, No. 9).
Article 3. Electronic Monitoring
§3540. Continuous Electronic Monitoring Technology.
Note • History
(a) The Department of Corrections and Rehabilitation (department) may use continuous electronic monitoring technology to monitor the whereabouts of a parolee who requires electronic surveillance. The use of continuous electronic monitoring technology may be utilized:
(1) As an additional supervision tool for parolees who are identified as requiring a higher level of supervision pursuant to section 3545.
(2) To verify compliance with parole conditions, and to investigate suspicious patterns of behavior;
(3) As an alternative tool for addressing remedial sanctions in lieu of a revocation proceeding and return of a parolee into custody.
(4) To monitor all parolees who require Global Positioning System (GPS) monitoring, as described in section 3560, while under parole supervision.
(b) Any use of continuous electronic monitoring shall have as its primary objective, to enhance public safety through the reduction in the number of people and property being victimized by crimes committed by a parolee.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New article 3 (sections 3540-3548) and section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3541. Required Functionality of Continuous Electronic Monitoring Devices.
Note • History
(a) The continuous electronic monitoring device shall:
(1) Be designed to be worn on the ankle by the parolee. The parole agent, at his or her discretion, may request modifications to the placement of the device as an alternative form of continuous electronic monitoring. The modification request shall be considered for approval by the Director or designee, Division of Adult Parole Operations, on a case-by-case basis. The modifications may include the parolee carrying the monitoring device on his or her person at all times (fanny pack, back pack, belt etc.) and must be kept within reach when showering or sleeping. The device may be attached to any object which would enable a non-ambulatory parolee the ability to move around, i.e., a wheel chair;
(2) Emit a signal as a person is moving or is stationary. The signal shall be capable of being received and tracked across large urban or rural areas, statewide, and be received from within structures, vehicles, and other objects to the degree technically feasible in light of the associated costs and design.
(b) The device shall function 24 hours a day, seven days a week.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3542. Notification of Parole Violations by Continuous Electronic Monitoring System.
Note • History
(a) A continuous electronic monitoring system has the capacity to pinpoint the parolee's location, compliance with curfews, orders to stay away from predetermined locations, and compliance with other special conditions of parole. The system may immediately notify the department of predetermined faults, parameters, and system indicators that may indicate actual or possible violations of the terms and conditions of parole.
(b) This information, including geographic location and tampering, may be used as evidence to prove a violation of the terms and conditions of parole.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3543. Public Safety Standards for Minimum Time Between Transmission and Accuracy of Information.
Note • History
The department establishes the following minimum performance standards for a continuous electronic monitoring system to enhance public safety:
(a) On a case-by-case basis, determining the minimum time interval between transmissions of information about the location of the individual parolee under parole supervision shall be based on the following, which shall include, but not be limited to:
(1) The resources of the department.
(2) The criminal history and case factors of the parolee under parole supervision.
(3) The safety of the victim of the parolee under parole supervision.
(4) The most current technology available to the department.
(b) The standard for the accuracy of the information identifying the location of the parolee under parole supervision shall be based on the following, which shall include, but not be limited to:
(1) The need to identify the location of the parolee proximate to the location of the parolee's residence or location of a crime.
(2) Resources of the department.
(3) The need to avoid false indications of continuous electronic monitoring violations.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3544. Prohibitions Against Unauthorized Access to and Use of Continuous Electronic Monitoring.
Note • History
(a) No private or public entities, shall have access to, and use of, electronic signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. Unauthorized access to, and use of, electronic signals includes signals transmitted in any fashion by equipment utilized for continuous electronic monitoring. Only those entities with the express written consent of the department shall be allowed access, and only for the terms and conditions stated in writing.
(b) Devices used pursuant to this Article shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the supervising parole agent. The continuous electronic monitoring technology is to be utilized solely for the purposes of voice identification and verification of the parolee's geographic location in the community.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3545. Persons to Participate in Continuous Electronic Monitoring.
Note • History
(a) Violation of parole or violation of the law is not a prerequisite for the implementation of continuous electronic monitoring technology for the purpose of subsections 3545(b) or (c) below.
(b) Adjudicated violations of parole, as provided for in the Parole Violation Decision Making Instrument, as described in section 3768, may subject the parolee to continuous electronic monitoring as authorized by this article.
(c) The following target population may be eligible for continuous electronic monitoring:
(1) Parolees classified with a risk number value of 1, 2, 3, 4, or 5, as described in section 3768.1.
(2) Parolees who commit minor violations of the law.
(3) Civil addict parolees.
(4) Interstate cases.
(5) Gang members.
(6) Serious and/or violent offenders.
(7) Any offenders not already subject to Global Positioning System (GPS) supervision.
(d) Participation in continuous electronic monitoring of an eligible parolee may require the following, unless otherwise stated:
(1) Shall be on active parole in the community.
(2) Prior to placement, the parolee shall have a special condition of parole imposed that requires participation utilizing continuous electronic monitoring technology.
(3) Placement may require the written recommendation of the Parole Agent and written approval of the Unit Supervisor.
(4) Any curfew imposed on the parolee while on continuous electronic monitoring shall be in writing and a document articulating the curfew imposed shall be provided to the parolee. The document, the CDCR Form 1515-EID (01/10), Electronic In-Home Detention (EID) Special Conditions of Parole, which is incorporated by reference, shall be signed by the parolee. The curfew imposed shall include a start and stop date for the participation of in-home confinement restrictions imposed.
(5) The parolee shall be informed that non-compliance with the special condition of parole for continuous electronic monitoring is a violation of parole and may result in a referral to the Board of Parole Hearings for revocation consideration.
(6) The parolee's signature on the CDCR Form 1515-EID will acknowledge in writing, the parolee's responsibility for the safe return of the continuous electronic monitoring equipment when discharged from parole or released from the requirement from electronic monitoring. This will also acknowledge that upon failure to return the electronic monitoring equipment, the parolee may be charged the full replacement cost of each item of equipment not returned or returned damaged.
(7) No parolee shall be required to participate in continuous electronic monitoring authorized by this article for any period of time longer than the term of parole.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3546. Revocation of Continuous Electronic Monitoring.
Note • History
Upon approval from the unit supervisor, a parole agent may deem the use of continuous electronic monitoring as inappropriate and revoke the continuous electronic monitoring of any participating parolee unless mandated by the law.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3547. Noncompliance with Rules or Conditions of Parole.
Note • History
Upon approval from the unit supervisor, whenever a parole agent supervising a parolee has reasonable cause to believe that the parolee is not complying with the rules or special conditions of parole set forth for the use of continuous electronic monitoring as a supervision tool, the parole agent, without a warrant of arrest, may take the parolee into custody for a violation of parole.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3548. Payments of Certain Costs by Parolees.
Note • History
(a) Any person released on parole who is required to participate in continuous electronic monitoring, may be required to pay for that electronic surveillance upon a finding by the department of the ability of the parolee to pay those costs. However, the department shall waive any or all of that payment upon a finding of an inability to pay.
(1) Ability to pay means the overall capability of the person to reimburse the actual costs or portion of the costs, of providing continuous electronic monitoring.
(2) Overall capability of the person to reimburse the actual costs shall be determined by the Unit Supervisor or designee on a case-by-case basis. Factors to consider are employment status, income level, supplemental income sources and total monthly household expenses.
(3) The department shall consider any remaining amounts a person has been ordered to pay in fines, assessments and restitution fines, fees and orders, and shall give priority to the payment of those items before requiring that the person pay for the continuous electronic monitoring.
(b) If the parolee disagrees with the department's finding that the parolee has the ability to pay for the costs associated with the continuous electronic monitoring, the parolee may file an appeal by submitting a CDC Form 602 (rev 12/87), Inmate/Parolee Appeal form to the departmental appeals coordinator.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3006, 3010.8 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
Article 4. Global Positioning System Program
§3560. Global Positioning System Program Establishment.
Note • History
Departmental use of Global Positioning System (GPS) technology is designed to monitor the whereabouts of persons on parole by use of continuous electronic monitoring. The GPS program is for parolees who are identified as requiring a high level of supervision, as described in section 3561. By placing a GPS tracking device on a parolee, a parole agent receives information about a parolee's whereabouts, verifies the parolee's compliance with parole conditions, and is able to investigate suspicious behavior patterns.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New article 4 (sections 3560-3565) and section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3561. Global Positioning System Technology on Eligible Parolees Designated as High Risk.
Note • History
(a) The California Department of Corrections and Rehabilitation (department) shall evaluate all parolees' criminal history and identify those parolees who require a high level of supervision, due to the risk of victimizing the public by committing new crimes while on parole.
(b) Parolees who are deemed to require a high level of supervision and subject to Global Positioning System (GPS) supervision include, but are not limited to:
(1) Any parolee who is required to register as a sex offender pursuant to the Sex Offender Registration Act, codified in Penal Code (PC) sections 290 through 290.023.
(2) Any validated prison gang, street gang, or disruptive group member or associate as indicated on the CDC Form 812 (Rev. 8/01), Notice of Critical Case Information-Safety of Persons (Nonconfidential Enemies), CDC Form 812-A (Rev. 9/92), Notice of Critical Information - Prison Gang Identification, or CDC Form 812-B (Rev. 9/92), Notice of Critical Information, Disruptive Group Identification.
(3) A high control offender as defined in section 3504.
(4) When any parolee's case factors include unavailability for supervision, history of absconding parole supervision, escalating parole violations, or other such factors that would indicate the parolee is likely to re-offend, and where prevention of reoffending and knowledge of the whereabouts of the parolee is a high priority for maintaining public safety.
(5) Any parolee who received a return to custody assessment by the Board of Parole Hearings (BPH), with a BPH final recommendation that the duration of the return to custody assessment be served in the community, utilizing GPS monitoring.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3562. Global Positioning System Monitoring Device Placement Criteria.
Note • History
Placement of a Global Positioning System (GPS) Monitoring device on an eligible parolee shall require the following:
(a) The parolee shall be on active parole in the community.
(b) Prior to placement, the parolee shall have a special condition of parole imposed which requires his or her participation in GPS monitoring.
(c) The parolee shall be informed that noncompliance with the special condition of parole for GPS monitoring is a violation of parole and may result in a referral to the Board of Parole Hearings for revocation consideration.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3563. Global Positioning System--Payments of Certain Costs by Parolees.
Note • History
(a) Parolees who are required to participate in continuous electronic monitoring by Global Positioning System (GPS) pursuant to the law shall be required to pay for the costs associated with the GPS system. However, the department shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the parolee has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the parolee pay for the global positioning monitoring.
(1) Ability to pay means the overall capability of the person to reimburse the actual costs or portion of the costs, of providing global positioning system monitoring.
(2) Overall capability of the person to reimburse the actual costs shall be determined by the Unit Supervisor or designee on a case-by-case basis. Factors to consider are employment status, income level, and other supplemental income sources.
(3) The department shall consider any remaining amounts a person has been ordered to pay in fines, assessments and restitution fines, fees and orders, and shall give priority to the payment of those items before requiring that the person pay for the global positioning system monitoring.
(b) If the parolee disagrees with the department's finding that the parolee has the ability to pay for the costs associated with the global positioning system monitoring, the parolee may file an appeal by submitting a CDC Form 602 (Rev. 12/87), Inmate/Parolee Appeal form to the departmental appeals coordinator.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004, 3010, 3010.1, 3010.2, 3010.3, 3010.4, 3010.5, 3010.6, 3010.7, 3010.8, 3010.9 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3564. Requirement for Lifetime Global Positioning System Monitoring.
Note • History
(a) Any parolee who has been convicted for a felony violation of a sex offense described in subdivision (c) of Penal Code section 290 or any attempt to commit any of those offenses, released from custody on or after November 8, 2006, shall be subject to lifetime Global Positioning System (GPS) monitoring. GPS monitoring shall commence within 48 hours of release from a state correctional facility, or during the first contact with a parole agent, whichever is sooner.
(b) The California Department of Corrections and Rehabilitation shall maintain GPS monitoring for the entire period of parole supervision. Responsibility for lifetime supervision on GPS monitoring will be transferred to another agency upon discharge from parole supervision and termination of departmental jurisdictional authority.
(c) An active parolee subject to lifetime GPS monitoring shall remain on continuous GPS monitoring for the duration of parole unless the parolee is in federal, state, or local custody pending criminal charges or serving an imposed sentence.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
§3565. Transitioning Sex Offenders from Global Positioning System Monitoring to Local Law Enforcement Monitoring.
Note • History
(a) An active parolee subject to lifetime Global Positioning System (GPS) monitoring upon release from custody shall be monitored by the California Department of Corrections and Rehabilitation until discharged from parole and departmental jurisdiction.
(b) Between 90-60 days prior to the parolee's controlling discharge date, Division of Adult Parole Operations staff shall notify, in writing, the assuming agency of the pending discharge. Divisional staff shall:
(1) Make the parolee available to the assuming agency within five working days prior to the controlling discharge date to transition the parolee from departmental GPS equipment to the assuming agency's equipment.
(2) Notify the assuming agency if the parolee is to be discharged directly from custody.
(c) If no other agency assumes GPS monitoring prior to the parolee's discharge from departmental jurisdiction, the departmental GPS equipment will be removed and recovered from the parolee upon reaching the parolee's Controlling Discharge Date.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3004 and 5054, Penal Code.
HISTORY
1. New section filed 2-16-2010 as an emergency; operative 2-16-2010 (Register 2010, No. 8). Pursuant to Penal Code section 5058.3(c), a Certificate of Compliance must be transmitted to OAL by 7-26-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-16-2010 order transmitted to OAL 7-1-2010 and filed 8-13-2010 (Register 2010, No. 33).
Article 5. Sex Offenders [Reserved]
§3570. Assessments. [Reserved]
§3571. Sex Offender Residence Restrictions.
Note • History
Parolees who are required to register as sex offenders pursuant to Penal Code (PC) sections 290 through 290.023, inclusive, are subject to residence restrictions as specified in this section.
(a) Definitions. For the purposes of this section, the following terms are defined:
(1) Park means an outdoor public area used primarily for recreational purposes. A determination of whether an area is a park shall not be limited to a consideration of whether the area includes a play structure, athletic field or court, or any other particular characteristic, but shall be based on an overall evaluation of whether the area is used for recreational purposes.
(2) Regularly means occurring on a recurring basis.
(3) Gather means to congregate or come together with one another.
(4) Park where children regularly gather means a park, as described in section 3571(a)(1), where persons under the age of 18 congregate or come together with one another either with or without parental or guardian supervision.
(5) Public Area means an area that any governmental entity owns, operates, leases, rents, or otherwise legally controls as if owned by the governmental entity. “Governmental entity,” for the purposes of this section, includes, but is not limited to: the United States, any state, any county, any city, any special district, or any subdivision thereof.
(b) A person released on parole who is required to register pursuant to PC Sections 290 through 290.023, inclusive, may not, during the period of parole, reside in any single family dwelling with any other person also required to register as a sex offender, unless those persons are legally related by blood, marriage, or adoption.
(1) A residential facility located within a single family dwelling which serves six or fewer persons shall be excluded from this restriction.
(c) A person released on parole on or after November 8, 2006, who is required to register pursuant to PC sections 290 through 290.023, inclusive, shall not reside within 2,000 feet of any public or private school, kindergarten through 12th grade, or park where children regularly gather.
(d) A person released on parole on or before November 7, 2006, who is required to register pursuant to PC sections 290 through 290.023, inclusive, shall not be subject to a residence restriction in addition to subsection (b) above, or required by section 3582, unless that residence restriction is supported by circumstances found in the parolee's criminal history.
(e) Residence Verification and Approval. The Division of Adult Parole Operations (DAPO) shall monitor compliance with the residence restrictions contained in this section.
(1) Parolees subject to residence restrictions are responsible for finding compliant housing.
(2) During the initial interview between the parolee and the parole agent upon release from custody, and before any change of residence while under parole supervision, the parolee shall provide his or her parole agent with the address where he or she intends to reside upon verification and approval of the parole agent.
(3) The parole agent shall utilize available resources to identify any public or private schools, and parks where children regularly gather, located approximately within 2,000 feet of the parolee's proposed residence. Available resources that may be considered include, but are not limited to:
(A) The California Department of Education's website which lists public, private and charter (a category of public) schools.
(B) Telephone directories (white and yellow pages) which list public schools by district, including city and/or county public school directories.
(C) Listings provided by city halls that include local schools and parks.
(D) Resources available on the internet, such as satellite maps.
(E) Observations from site visits or familiarity with the community.
(4) If any public or private school, or park where children regularly gather, is identified approximately within 2,000 feet of the parolee's proposed residence, the parole agent shall use a Global Positioning System (GPS) handheld device to determine whether any boundary of the public or private school, or park where children regularly gather, is within 2,000 feet of the threshold of the primary entrance of the proposed residence “as the crow flies,” as a direct point-to-point aerial transit path, not as a street or path route.
(5) Parolees shall be advised whether the proposed residence is compliant. If the residence is noncompliant based on the GPS verification, the actual distance and name of the prohibited public or private school, or park where children regularly gather, and method of measurement shall be disclosed to the parolee upon his or her request.
(f) DAPO shall report to the Board of Parole Hearings any parolee who is reasonably believed to have violated a residence restriction contained in this section.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3003.5, 3053(a) and 5054, Penal Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d. 1178; In re E.J. (2010) 47 Cal.4th 1258; People v. Lent (1975) 15 Cal.3d 481; and People v. Dominguez (1967) 256 Cal.App.2d 623.
HISTORY
1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order, including amendment of subsections (a)(1)-(2) and (a)(4), transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
Article 6. High Risk Sex Offenders [Reserved]
§3580. Definitions. [Reserved]
§3581. Assessments. [Reserved]
§3582. High Risk Sex Offender Residence Restrictions.
Note • History
Parolees who are required to register as sex offenders pursuant to Penal Code (PC) sections 290 through 290.023, inclusive, and who have been designated as high risk sex offenders by the California Department of Corrections and Rehabilitation (CDCR), are subject to residence restrictions as specified in this section.
(a) Definition. High risk sex offender means a sex offender who, pursuant to PC section 290.04, has been assessed and deemed by the CDCR to pose a high risk to commit a new sex offense.
(b) A high risk sex offender released on parole who is required to register pursuant to PC sections 290 through 290.023, inclusive, may not, during the period of parole, reside in any single family dwelling with any other person also required to register as a sex offender, unless those persons are legally related by blood, marriage, or adoption. A residential facility located within a single family dwelling which serves six or fewer persons shall be excluded from this restriction.
(c) A high risk sex offender released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who has a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, may not reside within one-half mile of any public or private school, kindergarten through grade 12, inclusive, and may not reside within 2,000 feet of a park where children regularly gather, as described in section 3571(c).
(d) A high risk sex offender released on parole on or after November 8, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who does not have a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, shall be subject to the residency restriction described in section 3571(c). Any restriction on this parolee's residence in addition to this subsection and subsection (b) above is allowed only if that residence restriction is supported by circumstances found in the parolee's criminal history.
(e) A high risk sex offender released on parole on or before November 7, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who has a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, may not reside within one-half mile of any public or private school, kindergarten through grade 12, inclusive.
(f) A high risk sex offender released on parole on or before November 7, 2006 who is required to register pursuant to PC sections 290 through 290.023, inclusive, and who does not have a current or prior conviction for a violation of PC section 288, inclusive of any subsection, or PC section 288.5, shall not be subject to a residence restriction in addition to subsection (b) above unless that residence restriction is supported by circumstances found in the parolee's criminal history.
(g) Residence Verification and Approval. The Division of Adult Parole Operations (DAPO) shall monitor compliance with the residence restrictions contained in this section.
(1) Parolees subject to residence restrictions are responsible for finding compliant housing.
(2) During the initial interview between the parolee and the parole agent upon release from custody, and before any change of residence while under parole supervision, the parolee shall provide his or her parole agent with the address where he or she intends to reside upon verification and approval of the parole agent.
(3) In addition to the residence verification and approval process described in section 3571(e) to determine whether the parolee's proposed residence is located within 2,000 feet of a public or private school or park where children regularly gather, the parole agent shall utilize available resources to identify any public or private schools located approximately within one-half mile of the parolee's proposed residence. Available resources that may be considered include, but are not limited to:
(A) The California Department of Education's website which lists public, private and charter (a category of public) schools.
(B) Telephone directories (white and yellow pages) which list public schools by district, including city and/or county public school directories.
(C) Listings provided by city halls that include local schools.
(D) Resources available on the internet, such as satellite maps.
(E) Observations from site visits or familiarity with the community.
(4) If any public or private school is identified approximately within one-half mile of the parolee's proposed residence, the parole agent shall use a Global Positioning System (GPS) handheld device to determine whether any boundary of the public or private school is within one-half mile of the threshold of the primary entrance of the proposed residence “as the crow flies,” as a direct point-to-point aerial transit path, not as a street or path route.
(5) Parolees shall be advised whether the proposed residence is compliant. If the residence is noncompliant based on the GPS verification, the actual distance and name of the prohibited public or private school and method of measurement shall be disclosed to the parolee upon his or her request.
(h) DAPO shall report to the Board of Parole Hearings any parolee who is reasonably believed to have violated a residence restriction contained in this section.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3003(g), 3003.5, 3053(a) and 5054, Penal Code; Doe v. Schwarzenegger (2007) 476 F.Supp.2d. 1178; In re E.J. (2010) 47 Cal.4th 1258; and People v. Lent (1975) 15 Cal.3d 481.
HISTORY
1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order, including amendment of subsection (b), repealer of subsection (b)(1), redesignation and amendment of former subsection (c)(1) as subsection (d), subsection relettering, redesignation of former subsection (d)(1) as subsection (f) and subsection relettering, transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
Article 6.5. Transient Sex Offender Supervision
§3590. Transient and Residence Determination.
Note • History
(a) To establish a residence pursuant to Penal Code (PC) section 290.011, a parolee must regularly reside at a location or locations. The complete set of circumstances will be considered to determine whether a parolee has established a residence or whether the parolee is a transient sex offender as defined in section 3000. For the purposes of this section, a parolee who spends one day or one night in a shelter or structure that can be located by a street address, including but not limited to houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles, may be determined to have established a residence if other circumstances are present. These circumstances include, but are not limited to:
(1) The parolee resides one day or night at the same address every week, for multiple consecutive weeks, thus establishing a pattern of residency.
(2) The parolee resides two or more consecutive days or nights at the same address, or two or more days or nights at the same address in a period that would appear to establish a pattern of residency.
(3) The parolee is in possession of a key to an address where he or she is located and there is evidence of a pattern of residency.
(4) Upon contacting the parolee at an address where he or she is located or has been residing, evidence exists that he or she has established residency. Evidence would include, but is not limited to, clothing in a closet or drawer, toiletries in a bathroom, or information from occupants and/or neighbors. Such evidence may establish a pattern of residency.
(b) When determining whether a residence has been established, the parole agent shall utilize all available resources and information. If the review of the complete set of circumstances indicates residency has been established, and a reasonable and prudent parole agent reviewing the same information would draw the same conclusion, then a residence has been established. After a transient sex offender establishes a residence, he or she is no longer recognized as transient, and:
(1) Continues to have a lifetime obligation to register as a sex offender, but is subject to the registration requirements as provided under PC section 290.010.
(2) May be subject to one or more residency restrictions as described in sections 3571 and 3582.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 290.010, 290.011(g), 3003(g), 3003.5(b) and 5054, Penal Code.
HISTORY
1. New article 6.5 (sections 3590-3590.3) and section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New article 6.5 (sections 3590-3590.3) and section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
§3590.1. Approved Regular Entrance at an Address.
Note • History
Transient sex offenders are permitted the following repeated and regular entries at an address and such entries shall not be considered as establishing residency:
(a) For the purpose of charging the Global Positioning System (GPS) device paroled sex offenders are required to wear as described in section 3561.
(b) For the purpose of approved employment.
(c) For the purpose of conducting legitimate business in a licensed business, professional, or government building.
(d) For the purpose of obtaining care, treatment or other services provided by licensed providers.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order, including repealer of subsection (a) designator and redesignation of former subsections (a)(1)-(4) as new subsections (a)-(d), transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
§3590.2. Transient Sex Offender Location Restrictions.
Note • History
(a) Transient sex offenders staying at locations without street addresses, including but not limited to bridges, transient encampments, and bus stops, which may be near schools, parks, or areas where children regularly gather as described in section 3571(a), are not subject to residence restrictions established in statute, as these locations are not defined as residences that are located by a street address as provided in section 3590.
(b) The locations described in subsection 3590.2(a) may not be acceptable for a parolee to reside at or to frequent based upon his or her existing special conditions of parole, criminal history, and/or local community ordinances. Special conditions of parole may be imposed when warranted to address these circumstances.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section 3003(g), 3003.5(b), 3053(a) and 5054, Penal Code; and People v. Lent (1975) 15 Cal.3d 481.
HISTORY
1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
§3590.3. Supervision of Transient Sex Offenders.
Note • History
(a) Transient sex offenders are subject to parole supervision contact requirements as described in section 3504, except that: Instead of completing the required face-to-face residence contact, the parole agent shall contact the parolee at either his or her place of employment (if employed) or “in the field,” within the community where the parolee is located. This may include a residence where the parolee appears to be residing. All contacts shall be documented by the parole agent on a CDCR Form 1650-D (Rev. 07/10), Record of Supervision, which is incorporated by reference.
(b) Transient sex offenders shall be required to disclose the locations where they have slept, or intend to sleep at night, during any contact with the parole agent.
(c) During case reviews, the parole unit supervisor shall ensure that the parole agent is meeting current contact case supervision specifications as described in section 3504.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3003, 3003.5 and 5054, Penal Code.
HISTORY
1. New section filed 6-15-2011 as an emergency; operative 6-15-2011 (Register 2011, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 48).
3. New section refiled 12-1-2011 as an emergency; operative 12-1-2011 (Register 2011, No. 48). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 2-29-2012 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1-2011 order, including amendment of subsection (a), repealer of subsection (a)(1) and redesignation of former subsections (a)(2)-(b) as new subsections (b)-(c), transmitted to OAL 2-27-2012 and filed 4-2-2012 (Register 2012, No. 14).
Article 7. Parole Searches
Note • History
(a) Any contraband or evidence of illegal activity shall be seized by the parole agent or the law enforcement officer conducting a search of a parolee's person, property, or residence. Property not belonging to the parolee shall be seized only when needed as evidence to support a parole violation charge.
(b) Property seized as evidence by departmental staff shall be documented on a CDCR Form 1136 (Rev. 10/06), Evidence Report and Inventory Receipt. A copy of the form will be available to either the parolee or a responsible adult, or left at the place of seizure.
(c) Only those areas of a parolee's residence occupied solely by the parolee or of common access shall be searched without a search warrant.
(d) A parole agent's authority to search or arrest a parolee applies to all law enforcement officers in California as long as it is judicious and conducted for legitimate law enforcement purposes.
(e) If staff's forced entry into a structure results in damages to the structure, the parole office shall make available to the landlord or owner the claim form needed to recover repair costs through the Victim Compensation and Government Claims Board.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 13920 and 13921, Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
HISTORY
1. Change without regulatory effect adding article 7 (section 3600) and renumbering former section 3701.1 to new section 3600 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsections (b) and (d), repealer of subsections (d)(1)-(3) and amendment of subsection (e) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
§3604. Prerelease Referral. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 5-27-93; operative 6-28-93 (Register 93, No. 22).
2. Change without regulatory effect renumbering former section 3604 to new section 3502 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
Article 8. Financial Assistance
Note • History
(a) Financial assistance funds may be loaned to qualified parolees/releasees or dischargees as described in (b), below.
(b) When a request for financial assistance is received, the parole agent shall determine if the requestor needs the assistance and whether other resources are available to meet the need.
(c) If assistance is deemed necessary and not available from other sources, the parole agent shall obtain both of the following:
(1) The unit supervisor's approval for any loan.
(2) The signature of the requestor on CDC Form 910C (Rev 11/96), Bank Draft Stock Register, which is incorporated by reference, before releasing the loan funds.
(d) The parolee/releasee or dischargee shall repay any such loans as soon as their employment and personal circumstances permit. A receipt for every repayment made on a loan shall be provided to the individual.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5060, Penal Code.
HISTORY
1. New section filed 5-18-2000 as an emergency; operative 5-18-2000 (Register 2000, No. 20). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 10-25-2000 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 21).
3. New section refiled 10-24-2000 as an emergency; operative 10-26-2001 (Register 2001, No. 19). A Certificate of Compliance must be transmitted to OAL by 4-4-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-24-2000 order, including further amendment of section, transmitted to OAL 3-30-2001 and filed 5-11-2001 (Register 2001, No. 19).
5. Change without regulatory effect renumbering former section 3605 to new section 3504, adding article 8 (section 3605) and renumbering former section 3705 to section 3605 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
6. Amendment of article heading and subsections (a) and (c)(1)-(2) filed 9-9-2010; operative 10-9-2010 (Register 2010, No. 37).
§3605.5. Release from Revocation or Limited Placement. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 5-27-93; operative 6-28-93 (Register 93, No. 22).
2. Change without regulatory effect renumbering former section 3605.5 to new section 3740 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
Article 9. Parole Outpatient Clinic
§3610. Parole Outpatient Clinic Services.
Note • History
(a) Parole outpatient clinics (POC) have been established to provide mental health assessments and outpatient mental health treatment, if needed, to parolees.
(b) At any time during the period of parole, the parole agent of record may refer a parolee to a POC for a screening evaluation to determine the need for a full mental health assessment.
(c) POC clinical staff shall provide a mental health assessment for each referred parolee to determine if there is a need for transitional or sustained therapeutic intervention on an outpatient basis. If therapy is deemed necessary, the parolee shall be assigned to attend a POC for mental health treatment. Treatment services may be supplemented by interagency agreements/contracts with other state and county agencies. All records of mental health diagnosis, evaluation and treatment shall be considered confidential in accordance with subsection 3361(c).
(d) The parole agent of record shall impose a special condition of parole to participate in a POC on all parolees assigned by clinical staff to attend POC for treatment.
(e) A parolee upon whom a special condition of parole to attend a POC is imposed and who is absent without being excused by their parole agent of record or the POC clinician, or whose stated reasons for absence are later determined by the parole agent of record to be false, shall be considered in violation of their parole conditions.
(f) Mandatory referral to a POC for a mental health assessment shall be made by the parole agent of record for the following:
(1) Inmates who are in a mental health treatment program at the time of the prerelease case referral as described in section 3502. To provide continuity of care, a POC referral appointment shall occur as soon as possible but not more than 30 days after release to parole.
(2) Parolees whose offense history, institutional history, social history, or behavior in the community, past or present, indicate that a mental health assessment may be of assistance in successful reintegration to the community.
(3) Violent offenders, as designated in Penal Code (PC) section 667.5(c), and sex offenders as designated in PC section 290, for whom a mental disorder may have been a contributing factor to their commitment offense.
(4) Parolees exhibiting observable symptoms of a mental disorder while under supervision in the community.
(g) Parolees for whom psychotropic medications are prescribed shall be given the information upon which to base an informed consent. The parolee shall provide specific written informed consent in compliance with sections 3353 and 3363(d).
(h) When the department's jurisdiction of a parolee/releasee is expiring and continued treatment or services are required, the parole agent of record, in concert with POC staff, shall assist the parolee/releasee in obtaining the services from a community mental health agency. If the services of the agencies cannot be obtained, the parolee/releasee may continue to receive parole outpatient clinic services until community services can be arranged or the services are no longer required.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 290, 667.5(c), 2974 and 5054, Penal Code.
HISTORY
1. Change without regulatory effect adding article 9 (section 3610) and renumbering former section 3706 to new section 3610 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of section and NOTE filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Article 10. Civil Addicts
§3620. Special Requirements of Civil Addict Release or Parole.
Note • History
A parole agent may impose special requirements necessary for a civil addict releasee's or parolee's successful adjustment to their release or parole. Any such requirements which are to remain in effect for more than seven days shall be given to the releasee or civil addict parolee in writing. Any such conditions to remain in effect for more than 30 days shall be submitted to the Board of Parole Hearings as a recommendation to impose as a special condition of release or parole.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code; and Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect adding article 10 (sections 3620-3625) and renumbering former section 3801 to new section 3620 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
§3625. Civil Addict Program Exclusion.
Note • History
(a) A civil addict parolee or releasee who is determined by the department to be unfit for the civil addict program shall be returned to the court in which the case originated for further proceedings on the criminal charges that the court may deem warranted.
(b) Such a determination may be based upon any of the following reasons:
(1) The person engaged in any of the following activities:
(A) Extensive criminal behavior.
(B) Serious criminal behavior unrelated to addiction or substance abuse.
(C) Sales, or possession for sale, of drugs valued at more than $10,000.
(D) Repeated possession of a controlled substance in quantities considered excessive for personal use.
(E) A pattern of using or threatening to use force.
(2) The person commits an act which involved violence or the use of a deadly weapon.
(3) The person refuses to participate in department-prescribed programming.
(4) The person repeatedly absconds from supervision.
(5) The person continues in a pattern of criminal activity not likely to change as a result of supervision.
(6) The person has a long-term medical or psychiatric problem which renders them unsuitable for outpatient supervision.
(7) The person is not available for supervision because of deportation or a felony commitment to a state or federal prison.
(8) The person has been at-large for more than six months and has a prior conviction for violence, sales of drugs, robbery, or possession of a weapon.
(9) The person has been at-large for more than 12 months.
(c) The decision to exclude a civil addict parolee from the Civil Addict Program will be the result of a case conference between the parole agent and the unit supervisor.
(d) When it is determined exclusion procedures will commence, the parole agent shall send the releasee or civil addict parolee a notification letter advising him or her that an exclusion letter will be sent to the committing court in 15 calendar days if they do not report to the parole agent in person. The letter shall be sent to the releasee or civil addict parolee's last known address. If the releasee or civil addict parolee so reports, the parole agent will case conference with the unit supervisor. Based upon the facts and circumstances surrounding the parolee's unavailability for parole supervision, the unit supervisor will decide whether or not to proceed with the exclusion letter.
(e) The parole agent shall prepare an exclusion letter for the signature of the Warden of the California Rehabilitation Center. The exclusion letter shall include the following information:
(1) Date releasee or civil addict parolee's parole status was suspended by the Board of Parole Hearings.
(2) Efforts made to locate the releasee or civil addict parolee.
(3) Any arrests made prior to or after suspension.
(4) Last known address prior to suspension.
(5) Date parole agent sent releasee or civil addict parolee a notification letter as per subsection 3625(d).
(f) Upon receipt of a minute order from the originating court vacating the commitment, the parole agent shall cancel the warrant if issued by the Board of Parole Hearings.
(g) When the parole agent becomes aware that a releasee or parolee at large has been arrested, and an exclusion letter has already been sent, the parole agent shall contact the committing court to determine whether that court has vacated the civil addict commitment.
(1) If the committing court has vacated the civil commitment, a detainer shall not be placed on the releasee at large or parolee at large.
(2) If it cannot be determined whether or not the committing court has acted on the exclusion letter, a detainer shall not be placed until such time as confirmation can be obtained.
(3) If it is confirmed that the committing court has not yet vacated the civil commitment, a detainer may be placed while a decision is made whether or not to rescind the exclusion letter.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 3053, Welfare and Institutions Code; and Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former section 3802 to new section 3625 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsections (a) and (b)(8) and new subsections (c)-(g)(3) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Article 11. Illegal Aliens
§3630. Limitations of Parole Services.
Note • History
(a) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (PRWORA) (8 U.S.C. Section 1621), and notwithstanding any other provision of Title 15, Division 3 of the California Code of Regulations, aliens who are not “qualified aliens” or “nonimmigrant aliens,” as defined by federal law, or who are paroled into the United States for less than one year, are ineligible to receive or participate in the following parole services:
(1) Food coupons.
(2) Bus passes.
(3) Job placement services.
(4) Short-term cash assistance.
(b) Verification of immigration status is based on information furnished to the Department by the United States Immigration and Customs Enforcement prior to an inmate alien's release on parole.
(c) A determination that an alien is ineligible for the services specified in subdivision (a) may be appealed as provided in Sections 3084 through 3084.9 of these regulations.
(d) All eligibility requirements contained herein shall be applied without regard to race, creed, color, gender, religion, or national origin.
(e) For purposes of this section, an alien who, at the time he or she applies for, receives, or attempts to receive a parole benefit specified in subsection (a), is eligible for those benefits if he or she meets all of the conditions of subparagraphs (1), (2), (3), and (4) below:
(1) Has been battered or subjected to extreme cruelty in the United States by a spouse or registered domestic partner or a parent, or by a member of the spouse's or registered domestic partner's or parent's family residing in the same household as the alien, and the spouse or registered domestic partner or parent of the alien consented to, or acquiesced in, such battery or cruelty; or has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or registered domestic partner or a parent of the alien, without the active participation of the alien in the battery or cruelty, or by a member of the spouse's or registered domestic partner's or parent's family residing in the same household as the alien, and the spouse or registered domestic partner or parent consented to or acquiesced in such battery or cruelty.
(2) In the opinion of the Attorney General of the United States, which opinion is not subject to the review of any court, there is a substantial connection between such battery or cruelty and the need for the benefits provided.
(3) Has been approved or has a petition pending which sets forth a prima facie case, as enumerated in the Immigration and Nationality Act (INA), for:
(A) Status as a spouse or registered domestic partner or child of a United States citizen; or
(B) Suspension of deportation and adjustment of status; or
(C) Classification pursuant to clause (ii) or clause (iii) of Section 204(a)(1)(B) of the INA.
(D) Cancellation of removal pursuant to Section 240A(b)(2) of the INA.
(4) For the period for which the benefits are sought, the individual responsible for the battery or cruelty, as stated in paragraph (e)(1) does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
NOTE
Authority cited: Section 5058, Penal Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Section 297.5, Family Code; and Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect renumbering former article 2 to new article 11 (section 3630) and renumbering former section 3815 to new section 3630 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsections (b) and (e)(3)(D) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of subsection (c) filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Article 12. Parolee Field Files
Note • History
(a) For the purpose of this section, a parolee field file means a file maintained by a parole unit office containing information about a parolee and his or her current parole.
(b) Except by means of valid authorization, subpoena, or court order, no parolee or their attorney or the attorney's designee shall have access to another parolee's field file or component thereof.
(c) Parolees may review their own field file, subject to applicable federal and state law. This review shall be conducted in the presence of staff. The parolee will not be provided access to a computer to view any of his or her electronic records, if applicable, but instead will have a printed copy made available.
(d) No parolee or their attorney or the attorney's designee shall access information designated confidential pursuant to section 3321 which is in or from the parolee's field file.
(e) An attorney or the attorney's designee, hired to or appointed to represent a parolee in the parole revocation process may review a parolee's field file, subject to applicable federal and state law. A parolee's attorney or the attorney's designee is not required to obtain authorization from the parolee before reviewing the parolee's field file, though authorization may be provided. This review shall be conducted in the presence of staff. The attorney or the attorney's designee will not be provided access to a computer to view any of the parolee's electronic records, if applicable, but instead will have a printed copy made available.
(f) No parolee field file or component thereof shall be released to any agency or person outside the department, except for private attorneys hired to represent the department, the Office of the Attorney General, the Board of Parole Hearings, the Inspector General, and as provided by applicable federal and state law. Any outside person or entity that receives parolee field files is subject to all legal and departmental standards for the integrity and confidentiality of those documents.
NOTE
Authority Cited: Section 5058, Penal Code. Reference: Sections 2081.5, 5054 and 6126.5, Penal Code; Sections 56.10, 1798.24 and 1798.40, Civil Code; and Code of Federal Regulations, Title 45, Sections 164.512 and 164.524.
HISTORY
1. New article 12 (section 3640) and section filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Article 13. Registration
§3650. Registration Notification.
Note • History
An inmate/parolee required to register pursuant to Penal Code sections 186.30, 290 et seq., 457.1 or Health and Safety Code section 11590, shall be notified of the requirement to register pursuant to the procedures specified in section 3075.2.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 186.30, 290.023, 457.1 and 5054, Penal Code; and Section 11590, Health and Safety Code.
HISTORY
1. New article 13 (sections 3650-3654) and section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
§3651. Penal Code Section 186.30 Registrants (Gang Offenders).
Note • History
(a) Any inmate/parolee required to register pursuant to Penal Code (PC) section 186.30 shall register with the Chief of Police of the city in which he or she resides, or the Sheriff of the county if he or she resides in an unincorporated area or in a city that has no police department, within 10 days of release from custody or within 10 days of his or her arrival in any city, county, or city and county to reside, whichever comes first.
(b) The registration required by PC section 186.30 shall consist of the following:
(1) The parolee shall appear at the law enforcement agency.
(2) The law enforcement agency will serve the parolee with a California Street Terrorism Enforcement and Prevention Act notification which includes, where applicable, that the parolee belongs to a gang whose members engage in or have engaged in a pattern of criminal gang activity as described in PC section 186.22(e).
(3) The parolee shall submit a written statement, signed by the parolee, giving any information that may be required by the law enforcement agency.
(4) The parolee shall submit his or her fingerprints and a current photograph to the law enforcement agency.
(c) Within 10 days of changing his or her residence address, any person required to register shall inform, in writing, the law enforcement agency with whom he or she last registered, of his or her new address. If his or her new residence address is located within the jurisdiction of a law enforcement agency other than the agency where he or she last registered, he or she shall also register with the new law enforcement agency, in writing, within 10 days of the change of residence.
(d) Any parolee required to register who knowingly violates any of the provisions of PC section 186.30 is guilty of a misdemeanor.
(e) Any person who is required under PC section 186.30 and who knowingly fails to register, and who is subsequently convicted of or subject to a juvenile petition that is sustained for a violation of any of the offenses in PC section 186.30 is subject to an additional term of imprisonment in the state prison.
(f) The registration requirement terminates five years after the last imposition of a registration requirement that arose under PC section 186.30.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 186.30, 186.32, 186.33 and 5054, Penal Code.
HISTORY
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
§3652. Penal Code Section 290 Registrants (Sex Offenders).
Note • History
(a) Any inmate/parolee who is required to register pursuant to Penal Code (PC) section 290 et seq. shall register with the Chief of Police of the city in which he or she is residing, or the Sheriff of the county if he or she is residing in an unincorporated area or city that has no police department. The inmate/parolee shall also register with the Chief of Police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities. The inmate/parolee shall meet these registration requirements within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides.
(1) If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in each of the jurisdictions in which he or she regularly resides, regardless of the number of days or nights spent there. If all of the addresses are within the same jurisdiction, the parolee shall provide the registering authority with all of the addresses where he or she regularly resides.
(2) Beginning on his or her first birthday following registration or change of address, the person shall register annually, within five working days of his or her birthday, to update his or her registration(s). At the annual update, a sex offender registrant shall provide current information as required by the Department of Justice annual update forms and PC section 290.012.
(3) The registration requirement shall be for life.
(b) Sexually Violent Predators:
(1) Every person who has been adjudicated a sexually violent predator as defined in section 6600 of the Welfare and Institutions Code, shall, after his or her release from custody, verify his or her residence and employment addresses at least once every 90 days, including the name of the employer and the place of employment.
(2) Any person who has ever been adjudicated a sexually violent predator, and who fails to verify his or her registration at least every 90 days is subject to imprisonment in the state prison, or in the county jail not to exceed one year.
(c) Definitions: For the purpose of this section, the following terms are defined:
(1) Transient means a person who has no residence.
(2) Residence means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
(d) Transient parolees required to register pursuant to PC Section 290 et seq:
(1) Following Release: A transient must register, or re-register if the person has previously registered, within five working days after release from incarceration, placement or commitment, or release on probation, except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to re-register as a transient until his or her next required 30-day re-registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she must register or re-register in the jurisdiction in which he or she is physically present on the fifth working day following release.
(2) Re-Register: Beginning on or before the 30th day following initial registration upon release, a transient must re-register and continue to re-register, at least once every 30 days. A transient must re-register at least once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she re-registers. A transient shall re-register with the Chief of Police of the city in which he or she is physically present within that 30-day period, or the Sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the Chief of Police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or present in any of its facilities.
(3) Failure to Re-Register: If a transient fails to re-register within any 30-day period, he or she is subject to prosecution in any jurisdiction in which he or she is physically present. Willful failure to re-register within any 30-day period is a misdemeanor, and under some circumstances specified in PC section 290.018(g), is a felony.
(4) Annual Update: Beginning on his or her first birthday following registration, a transient shall register annually within five working days of his or her birthday, to update his or her registration with the law enforcement agency or agencies having jurisdiction over the place in which he or she is physically present on that date.
(5) Required Information: A transient shall, upon registration, 30-day re-registration, and the annual update, provide current information as required on the Department of Justice registration forms, including the information required by PC section 290.015(a), and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during a 30-day re-registration period, he or she does not need to report the new place or places until the next required registration.
(6) Move to Residence: A transient who moves to a residence shall have five working days within which to register at that address.
(7) Becomes Transient: A person registered at a residence address who becomes transient shall have five working days within which to register or re-register as a transient.
(e) Providing Proof of Registration, Changes and Updates: Every person released on parole who is required to register as a sex offender shall provide proof of registration to his or her parole agent within six working days of release on parole. The six-day period for providing proof of registration may be extended but only upon determination by the parole agent that unusual circumstances exist relating to the availability of local law enforcement registration capability that preclude that person's ability to meet the deadline.
(1) Every parolee who is required to register as a sex offender who makes a change or update to his or her registration information shall provide proof of any change or update to his or her parole agent within five working days of making the change or update with the Chief of Police or County Sheriff and if applicable, with the Campus Police Chief.
(2) A parole agent who supervises a parolee who is required to register as a sex offender shall inform that parolee of the parolee's duties under this subsection no fewer than six days prior to the date on which proof of registration is to be provided to the parole agent.
(3) For the purpose of this section, proof of registration means a photocopy of the actual registration form.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 290, 290.010, 290.011, 290.012, 290.013, 290.015, 290.85 and 5054, Penal Code.
HISTORY
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
§3653. Penal Code Section 457.1 Registrants (Arson Offenders).
Note • History
(a) The following offenders convicted of arson, a violation of Penal Code (PC) section 451, 451.5 or 453, and offenders convicted of attempted arson, which includes but is not limited to, a violation of PC section 455, shall register:
(1) Any offender who, on or after November 30, 1994, is convicted in any court in California of arson or attempted arson shall be required to register for the rest of his or her life.
(2) Any offender who, on or after January 1, 1985 through November 29, 1994, inclusive, is convicted in any court in California of arson or attempted arson, shall be required to register for a period of five years beginning, in the case where he or she was confined for the offense, from the date of his or her release from confinement, or if he or she was not confined for the offense, from the date of sentencing or discharge if he or she was ordered by the court at the time of sentencing to register as an arson offender.
(b) Registration Timing and Jurisdiction(s) Where to Register: Offenders with a registration obligation under subsection (a) above must register within 14 days of coming into or changing residence or location within any city, county, city and county, or campus where he or she temporarily resides, or if he or she has no residence, is located with the following law enforcement:
(1) Chief of Police: If the person is residing in a city, or if the person has no residence and is located in a city, he or she must register with the Chief of Police of the city where he or she is residing or located, or;
(2) Sheriff: If the person is residing in an unincorporated area or in a city that does not have a police department, or if the person has no residence and is located in an unincorporated area or in a city that does not have a police department, he or she must register with the Sheriff of the county where the person is residing or located.
(3) Chief of Police, Campus: If the person is residing at a campus of the University of California, the California State University, or a community college, or if the person has no residence and is located at one of these places, he or she must register with the Chief of Police of that campus, in addition to registering with either the Chief of Police or Sheriff.
(c) Information: Law enforcement agencies shall make registration information of arson registrants required to register under subsection (a)(2) above available to the chief fire official of a legally organized fire department or fire protection district having local jurisdiction where the person resides. Law enforcement agencies are permitted to make registration information of arson registrants required to register under both (a)(1) and (a)(2) above available to regularly employed peace officers and to other law enforcement officers, including those employed by fire departments and fire protection districts.
(d) Change of Residence: If an arson offender required to register by PC section 457.1 changes his or her residence address, he or she shall inform, in writing, within 10 days, the law enforcement agency with whom he or she last registered of his or her new address. The law enforcement agency is obligated to, within three days after receipt of the information, electronically forward it to the Department of Justice. The Department of Justice is obligated to forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence.
(e) Violations:
(1) Any offender required to register who violates any of the provisions of PC section 457.1 is guilty of a misdemeanor.
(2) Any offender who has been convicted of arson or attempted arson and who is required to register who willfully violates any provisions of PC section 457.1 is guilty of a misdemeanor and is subject to being sentenced to a term of not less than 90 days nor more than one year in a county jail.
(3) Whenever any person is released on parole and is required to register under PC section 457.1 but fails to do so within the required timeframe, the Board of Parole Hearings is obligated to order the parole of that person revoked.
(f) Relief from Obligation to Register: A person required to register may initiate a legal proceeding under the Penal Code, Chapter 3.5, beginning with section 4852.01 of Title 6, Part 3, and upon obtaining a certificate of rehabilitation, shall be relieved of any further duty to register under this section for the offense(s) giving rise to the certificate of rehabilitation.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 451, 451.5, 453, 455, 457.1 and 5054, Penal Code.
HISTORY
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
§3654. Health and Safety Code 11590 Registrants (Drug Offenders).
Note • History
(a) Any inmate/parolee obligated to register under Health and Safety Code (H&SC) section 11590 shall register with the Chief of Police of the city in which he or she resides, or the Sheriff of the county if he or she resides in an unincorporated area or in a city without a police department, within 30 days of release from custody, or within 30 days of his or her arrival, in any city, county, or city and county to reside.
(b) Change of Address: If an inmate/parolee required to register by H&SC section 11590, changes his or her residence address, he or she shall inform, in writing, within 10 days, the law enforcement agency with whom he or she last registered of his or her new address. The law enforcement agency is obligated, within three days after receipt of the information, to forward it to the Department of Justice. The Department of Justice is obligated to forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence.
(c) Registration Requirements. The registration required by H&SC section 11590 shall consist of the following:
(1) The parolee shall appear at the law enforcement agency.
(2) A written statement, signed by the parolee, giving any information that may be required by the Department of Justice.
(3) The fingerprints and current photograph of the parolee shall be submitted to the law enforcement agency.
(d) Violations: Any parolee required to register by H&SC section 11590 who knowingly violates any of its provisions is guilty of a misdemeanor.
(e) Termination: The registration requirement of H&SC section 11590 shall terminate five years after the discharge from prison, release from jail or termination of probation or parole of the person convicted.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Sections 11590 and 11594, Health and Safety Code.
HISTORY
1. New section filed 8-11-2009; operative 9-10-2009 (Register 2009, No. 33).
Article 14. Hormonal Chemical Treatment for Sex Offenders [Reserved]
§3700. Medroxyprogesterone Acetate Treatment Program. [Reserved]
§3701. Medroxyprogesterone Acetate Treatment Advisory Board. [Reserved]
§3701.1. Searches of Parolees. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Sections 13920 and 13921, Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
HISTORY
1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without regulatory effect renumbering former section 3701.1 to new section 3600 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
§3702. First Conviction of a Qualifying Offense. [Reserved]
§3703. Second Conviction of a Qualifying Offense. [Reserved]
§3704. Qualifying Offenses. [Reserved]
§3705. Beginning Treatment. [Reserved]
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5060, Penal Code.
HISTORY
1. New section filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change without regulatory effect renumbering former section 3705 to section 3605 and reserving section 3705 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
§3706. Alternative to Medroxyprogesterone Acetate Treatment. [Reserved]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change without regulatory effect renumbering former section 3706 to new section 3610 and reserving section 3706 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
§3707. Administration of Medroxyprogesterone Acetate Treatment Program. [Reserved]
Article 15. Discharge
Note • History
(a) Inmate/parolees who are released to non-revocable parole as provided in section 3505, are excluded from any of the provisions of this Article 15, Discharge.
(b) The following terms are defined for the purpose of this Article 15, Discharge:
(1) Continuous Parole, pursuant to California Code of Regulations (CCR), Title 15, subsection 2535(b)(4), is parolees who have not had parole revoked or absconded from parole supervision since their initial release. If a revocation, revocation with credit for time served, or suspension with reinstatement of parole with time loss has occurred in the period, the parolee has not been on continuous parole.
(2) Discharge Review means a review of a parolee's criminal history, and his or her adjustment and/or performance while under parole supervision for the purpose of rendering a decision as to whether or not a parolee should be retained on parole supervision for another year or be discharged from parole supervision altogether.
(c) Discharge review periods to be followed by the Division of Adult Parole Operations are as follows:
(1) The review for those parolees who are subject to a three-year parole period as provided in CCR, Title 15, Division 2, subsection 2515(b), shall be performed during the 12th month of continuous parole, except for those who were committed for violent felonies as listed in section 667.5(c) of the Penal Code, in which case the review shall be performed during the 24th month of continuous parole.
(2) The review for those parolees who are subject to a five-year parole period, as provided for in CCR, Title 15, Division 2, subsection 2515(d), shall be performed during the 36th month of continuous parole.
(3) The review for those parolees who are subject to lifetime parole period shall be during the 84th month of continuous parole for first degree murder parolees and during the 60th month of continuous parole for second degree murder parolees.
(4) A parolee shall be immediately referred to the Board of Parole Hearings for discharge consideration if any of the following criteria exist:
(A) Confirmation exists that the parolee was deported to his or her country of origin after being released to parole.
(B) Confirmation exists that the parolee is under the supervision of another prison system, state or federal, and that supervision period, which includes the period of incarceration and any supervised release, exceeds the jurisdiction period maintained by the Department.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3000.03, 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.
HISTORY
1. New article 15 (sections 3720-3723) and section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
§3721. Discharge Review Reports.
Note • History
(a) The assigned parole agent shall review each case within the specified review period and recommend retaining the case on parole or recommend discharge and allow the case to discharge by operation of law.
(b) The parole agent must complete a discharge review report, whether the recommendation is to retain or discharge. The following factors shall be considered in conducting discharge reviews and preparing a discharge review report for a parolee in the community:
(1) Parole Adjustment. Whether or not the parolee was complying with his or her conditions of parole or involved in any criminal behavior or activities, the parole adjustment shall include, but is not limited to, the following:
(A) Residence, whether or not the parolee's residential pattern is stable.
(B) Employment, whether or not the parolee demonstrated a steady pattern of employment, educational or vocational training, and if he or she has the ability to reasonably provide for his or her own financial needs while in the community.
(C) Compliant with Special Conditions of Parole. Address any known violations of any general, mandatory or special conditions of parole, or the parolee's ability to comply with all conditions.
(D) Psychological Factors. Note the mental health status of the parolee and his or her compliance with any mental health treatment.
(E) Gang Validation. Note any past or present involvement in any prison, criminal, or street gang as a validated member, associate, or affiliate, and if the parolee is an active or inactive validated member, associate, or affiliate.
(2) Restitution. Note any fine and/or restitution balance at the time of review, and any effort to satisfy the fine and/or restitution balance.
(3) Criminal History.
(A) Sex, Arson, Gang or Drug Registration Requirements. Note any registration requirement as per sections 290, 457.1 and 186.30 of the Penal Code; and/or section 11590 of the Health and Safety Code and if the applicable registrations(s) are current.
(B) Serious or Violent Commitment Offense. Indicate whether or not the parolee's commitment offense, regardless of whether it is the controlling or non-controlling case, is considered serious or violent as defined in Penal Code sections 1192.7(c), 1192.8, or 667.5(c).
(C) Use of a Weapon during Commitment Offense. Indicate whether or not it is known if the parolee's commitment offense involved the use of a weapon, regardless of whether it is the controlling or non-controlling commitment offense.
(D) Possession of Firearm during Commitment Offense. Indicate whether or not the parolee's commitment offense involved the possession of a firearm, regardless of whether it is the controlling or non-controlling commitment offense.
(E) History of Serious or Violent Felony Convictions. Indicate whether or not the parolee's criminal history includes a conviction for any serious or violent felony as defined in Penal Code sections 1192.7(c), 1192.8, or 667.5(c).
(F) History of Use of a Weapon Conviction. Indicate whether or not the parolee's criminal history includes a conviction for any offense involving the use of a weapon.
(G) History of Possession of a Firearm Conviction. Indicate whether or not the parolee's criminal history includes a conviction for any offense involving the possession of a weapon within the 10 year period before the commitment offense.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3000.1, 3001, 3052, 5054 and 5076.2, Penal Code.
HISTORY
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
§3721.1. Documenting the Discharge Review.
Note • History
Discharge Review Report. When preparing a discharge review report on a parolee, it shall be reported on a CDCR Form 1502 (Rev. 10/06), Activity Report, which is incorporated by reference.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
§3722. Annual Discharge Reviews.
Note • History
(a) General. At the discharge review, the Division of Adult Parole Operations shall consider the parolee's adjustment on parole and any other information relevant to determining whether the parolee should be discharged or retained under parole supervision.
(b) In the event of a retention on parole, the parolee shall be entitled to a review by the parole authority each year thereafter until the statutory maximum period of parole expires. In the event the Board of Parole Hearings (BPH) acts to retain parole, the parole agent shall complete subsequent annual reviews each year thereafter and forward the discharge review report to the BPH for discharge or retain consideration. Annual discharge reviews shall be performed as provided in section 3720 and as noted in this section.
(c) Criteria. Factors tending to indicate there is good cause to retain a parolee on parole include:
(1) Commitment Offense. The parolee was committed to prison for several offenses, for an offense involving weapons or great bodily harm, for an offense which was part of large scale criminal activity or for an offense which caused considerable concern in the local community.
(2) Parole Adjustment. While on parole, the parolee has been involved in criminal activity even if that activity did not result in revocation of parole, has been using drugs, has been involved in gang activities, is currently undergoing criminal prosecution or is being investigated for possible prosecution.
(3) Placement Returns. The parolee has been returned to custody for substance abuse or psychiatric treatment.
(4) Supervision Needed. The parolee is in special need of continued supervision for the safety of the parolee or of the public.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3000.1, 3001, 3052, 3054 and 5076.2, Penal Code.
HISTORY
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
Note • History
The parolee shall receive a copy of the discharge review decision, including the reasons for a decision not to discharge the parolee, if applicable. The parolee may appeal any mistake of fact contained in the discharge review report pursuant to the appeals process provided in sections 3084-3084.9. If a mistake of fact is substantiated and that mistake results in a change in the recommendation to retain on parole, the corrected discharge review report with the recommendation to discharge shall be corrected and submitted to the Board of Parole Hearings with a request to reconsider the decision to retain.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section filed 4-26-2010; operative 5-26-2010 (Register 2010, No. 18).
2. Amendment filed 12-13-2010 as an emergency; operative 1-28-2011 (Register 2010, No. 51). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-7-2011 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-13-2010 order transmitted to OAL 6-15-2011 and filed 7-28-2011 (Register 2011, No. 30).
Article 16. Restitution
§3730. Restitution Obligations.
Note • History
Restitution obligations shall be considered when recommending a parolee for early discharge or when conducting an annual discharge review.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 4852.05 and 5054, Penal Code.
HISTORY
1. New article 16 (section 3730) and renumbering of former section 3501 to section 3730, including amendment of section, filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Article 17. Revocation or Limited Placement Releases
§3740. Release from Revocation or Limited Placement.
Note • History
Upon a parolee's release from local custody, an institution, facility, or sanction imposed program their assigned parole agent shall assist the parolee to return to their previous parole program or to develop a new program based upon their particular needs or Board of Parole Hearings imposed sanction.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. Change without regulatory effect adding article 17 (section 3740) and renumbering former section 3605.5 to new section 3740 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
Article 18. Parole Holds [Reserved]
§3750. Authority to Place a Parole Hold. [Reserved]
§3751. Criteria for Placement of a Parole Hold. [Reserved]
§3752. Factors to be Considered. [Reserved]
§3753. Review of a Parole Hold. [Reserved]
§3754. Reasons for a Parole Hold. [Reserved]
§3755. Transfer to Prison. [Reserved]
§3756. Length of a Parole Hold. [Reserved]
Article 19. Parole Violations And Reports
§3761. Reportable Information. [Reserved]
§3762. Reportable Information for Sex Offenders Undergoing Chemical Treatment. [Reserved]
§3763. Investigation. [Reserved]
§3764. Parole Violation Report. [Reserved]
§3765. Supplemental Parole Violation Reports. [Reserved]
§3766. Recommendations. [Reserved]
§3768. Parole Violation Decision-Making Instrument.
Note • History
(a) The purpose of the Parole Violation Decision-Making Instrument (PVDMI) is to enable parole staff to uniformly determine, recommend, and impose proportionate and consistent sanctions for parole violators. These sanctions will be based on the risk level of the offender and the severity of the violation. The risk level of the offender is determined by the California Static Risk Assessment, as described in section 3768.1. The severity of the violation is based on the department's analysis of all technical and criminal violations. Severity rankings were developed in conjunction with, the California Department of Justice, the Board of Parole Hearings, and the department.
(b) The PVDMI shall be used to assess all violations of parole except as noted in section 3768.2.
(c) For the purposes of this section, “severity rankings” are determined by rating all known parole violation codes, as provided in the Violation Code Descriptions (new 12/09), which is incorporated by reference, in a numerical value from 1 to 4.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference Sections 3015, 5054 and 5076.2, Penal Code.
HISTORY
1. Amendment of article heading and new section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and section, transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
§3768.1. California Static Risk Assessment.
Note • History
(a) The California Static Risk Assessment (CSRA) (new 12/09), which is incorporated by reference, is a validated risk assessment tool that utilizes a set of risk factors which are most predictive of recidivism. The tool produces a risk number value that will predict the likelihood that an offender will incur a felony arrest within a three-year period after release to parole.
Risk factors utilized include, but are not limited to, age, gender, criminal misdemeanor and felony convictions, and sentence/supervision violations.
(b) CSRA risk number values fall in one of following five categories:
(1) Low Risk, with a risk number value of “1”.
(2) Moderate Risk, with a risk number value of “2”.
(3) High Risk Drug, with a risk number value of “3”. High Risk Drug means that the offender has a greater risk of reoffending with a drug offense.
(4) High Risk Property, with a risk number value of “4”. High Risk Property means that the offender has a greater risk of reoffending with a property offense.
(5) High Risk Violence, with a risk number value of “5”. High Risk Violence means that the offender has a greater risk of reoffending with a violent offense.
(c) For the purposes of this section, the CSRA is defined as an actuarial tool that computes the likelihood to re-offend (incur a felony arrest within a three-year period after release to parole), and uses static indicators that do not change. These indicators include gender, age and offense history of the offender.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference Sections 3015, 5054 and 5076.2, Penal Code.
HISTORY
1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of subsection (b)(5), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
§3768.2. Exclusions from the Mandatory Use of the Parole Violation Decision-Making Instrument.
Note • History
(a) The Parole Violation Decision-Making Instrument (PVDMI), CDCR Form 1500 (08/08), which is incorporated by reference, shall be used to assess all known parole violations except in the following instances:
(1) Any alleged violation committed by a civil addict commitment.
(2) Any alleged violation committed by a felon from another state who is being supervised in California under the provisions of the Interstate Commission for Adult Offender Supervision (Compact).
(3) Any alleged violation which is based on in-custody behavior.
(4) If the automated PVDMI system is inoperable due to system failure. The Parole Automation Team (PAT) will notify system users of the failure and estimated time of system restoration, via electronic mail. Upon restoration of the system, the PAT will utilize electronic mail to notify users that the system is operational.
(5) Any alleged violation committed by a participant of a reentry court program shall have his or her violation referred to the reentry court for adjudication.
(b) For the purposes of this section, the PAT is defined as staff assigned to the Division of Adult Parole Operations that are responsible for the information technology and automation needs of the Division, and are responsible for the maintenance and support of the PVDMI system.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3015, 5054 and 5076.2, Penal Code.
HISTORY
1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and subsection (a), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
§3768.3. Utilization of the Parole Violation Decision-Making Instrument.
Note • History
(a) The automated CDCR Form 1500 (08/08), Parole Violation Decision-Making Instrument (PVDMI), which is incorporated by reference, shall be utilized as the reporting mechanism for the following types of alleged parole violations:
(1) Any alleged violation that can be adjudicated by the Division of Adult Parole Operations at the parole unit level.
(2) Any alleged violation referred to the Board of Parole Hearings for final adjudication with a recommendation to Continue On Parole, when the offender is not in custody, excluding:
(A) Residential Substance Abuse or Treatment Program placement recommendations.
(B) In-Custody Drug Treatment Program placement recommendations.
(b) The automated CDCR Form 1500, PVDMI, shall be printed upon completion and shall accompany the CDC Form 1676 (Rev. 3/97), Charge Sheet/Revocation Tracking/Scheduling Request, that is forwarded to the Board of Parole Hearings for final adjudication. The CDC Form 1676 is incorporated by reference. Violations for which the CDCR Form 1500, PVDMI, should accompany the CDC Form 1676 include:
(1) Alleged violations with a final recommendation of revocation.
(2) Alleged violations with a final recommendation for Parolee Substance Abuse Program placement.
(3) Alleged violations with a final recommendation for In-Custody Drug Treatment Program placement.
(c) The automated CDCR Form 1500, PVDMI, shall be completed prior to the removal of a Penal Code section 3056 parole hold. The CDCR Form 1500 is not required to be completed when an investigation reveals that no parole violation occurred.
(d) The responsible parole agent will complete the following sections of the automated CDCR Form 1500, PVDMI:
(1) Section A, Offender Information. Section A requires manual entry for those portions that do not auto-populate upon entry of the offender's prison number.
(2) Section B, California Static Risk Level. Section B shall auto-populate. When a California Static Risk Assessment (CSRA) risk number value, as described in section 3768.1, is unavailable, the parole agent is responsible for requesting a CSRA risk number value upon discovery of the violation.
(3) Section C, Violations. Section C requires manual entry for those portions that do not auto-populate.
(4) Section D, Circumstances of Charges. Section D requires manual entry clearly articulating the facts and circumstances for each charged violation.
(5) Section E, Mandatory Report to the Board of Parole Hearings. Section E requires manual entry to designate if the violation(s) are required to be reported to the Board of Parole Hearings in accordance with section 2616 of the California Code of Regulations, Title 15, Division 2.
(6) Section F, Instrument Response Level. Section F shall auto-populate an appropriate response level to the alleged violation. Response levels include:
(A) Least Intensive. Least Intensive responses are those responses to a violation that impose a minimal sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Least Intensive Response Level could include a verbal reprimand, the imposition of a curfew, or increased reporting instructions.
(B) Moderately Intensive. Moderately Intensive responses are those responses to a violation that impose a medium-range sanction and is based on the severity of the violation and the risk score of the offender who committed the violation. The Moderately Intensive Response Level could include community service, increased urinalysis testing, or referral to a structured program.
(C) Most Intensive A. Most Intensive A responses are those responses to a violation that impose a higher range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive A Response Level could include a referral to an In-Custody Drug Treatment Program or placement into Mental Health Services.
(D) Most Intensive B. Most Intensive B responses are those responses to a violation that impose the highest range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive B Response Level would result in a recommendation for revocation by the parole agent.
(E) Most Intensive C. Most Intensive C responses are those responses to a violation that impose the highest range sanction and are based on the severity of the violation and the risk score of the offender who committed the violation. The Most Intensive C Response Level would result in a recommendation for revocation by the PVDMI.
(7) Section G, Recommended Responses. Section G requires the parole agent to select a recommended response level as provided for in Section F, or the parole agent may select an alternative response level. An alternative response selection will require the completion of the “Parole Agent Override Section.”
(8) Parole Agent Override Section. The parole agent shall indicate stabilizing factors, which would mitigate the offender's risk and support a less intensive response, or destabilizing factors, which would support a more intense response. Overrides should not adjust the response level by more than one level.
(9) Section H, Agent's Recommended Response Level. The parole agent shall indicate the specific program that the offender will be required to complete based on the selected response level.
(e) The parole unit supervisor, or designee, shall ensure the responsible parole agent completed all the required sections of the automated CDCR Form 1500, PVDMI. Once verified, the unit supervisor shall complete Section I, Unit Supervisor's Determination of the automated CDCR Form 1500, PVDMI.
(1) Once the unit supervisor reviews the CDCR Form 1500, PVDMI, the “Unit Response Level” shall be selected. Unit Response Levels that differ from the response level provided by an agent require articulation of the difference of opinion in the “comments” area of Section I.
(2) The unit supervisor shall print and sign the completed CDCR Form 1500, PVDMI document, attach any supporting documents, and forward the completed PVDMI packet for processing.
(f) Upon receipt of the completed PVDMI packet, the Decentralized Revocation Unit parole administrator shall review the parole unit's response level on the CDCR Form 1500, PVDMI.
(1) For violations that do not require adjudication by the Board of Parole Hearings (BPH), the parole administrator can elect to:
(A) Retain the response provided by the unit supervisor and forward the completed PVDMI packet to the BPH.
(B) Modify the response provided by the unit supervisor, documenting the change in Section J of the automated CDCR Form 1500, PVDMI, and forward the packet to the BPH, or return the packet to the parole unit, depending on the modification.
(2) For violations that do require final adjudication by the BPH, the parole administrator can elect to:
(A) Retain the response provided by the unit supervisor and forward the completed PVDMI packet to the BPH.
(B) Modify the response provided by the unit supervisor, documenting the change in Section J of the automated CDCR Form 1500, PVDMI and forward the packet to the BPH.
(g) A printed copy of the completed automated CDCR Form 1500, PVDMI, shall be provided, or postmarked for delivery, to the parolee within 10 working days of the final adjudication of the alleged violation.
NOTE
Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sections 3015, 5054 and 5076.2, Penal Code.
HISTORY
1. New section filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-7-2010 order, including amendment of section heading and subsection (a), transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
§3769. Parole Reentry Court Program.
Note • History
(a) As part of the parole reentry accountability program for parolees established under Penal Code section 3015, the Reentry Court Program (RCP) operates under an established memorandum of understanding between the Administrative Office of the Court and the California Department of Corrections and Rehabilitation (department). The RCP is designed to promote public safety, hold parolees accountable for their behavior, and reduce recidivism.
(b) Under the RCP, services that may be provided to program participants include but are not limited to:
(1) Substance abuse and addiction treatment.
(2) Residential housing.
(3) Individual/group counseling.
(4) Vocational training.
(5) Anger management.
(6) Intensified supervision.
(c) For the purpose of sections 3769-3769.6, the following terminology is defined:
(1) Reentry court program team is defined as the parole agent, representatives from county probation, the district attorney's office, court, and treatment provider.
(2) History of substance abuse is defined as a documented arrest history related to criminal use or possession of a controlled substance, to include alcohol.
(3) History of mental illness is defined as a documented history of any mental illness as determined by a psychiatrist, psychologist, or social worker licensed by the State to make those determinations.
(4) Reentry Court is defined as a county superior court authorized by an agreement with the department to participate in the reentry court program.
(5) Dual Jurisdiction is defined as a situation in which a parolee with a current sentence under the jurisdiction of the department also has a new sentence pending before the court and/or is currently on local probation.
(6) Deputy Commissioner is defined as an official with the Board of Parole Hearings responsible for adjudicating parole revocation cases.
(7) Reentry Parole Agent is defined as a parole agent with the department who is assigned to assist in the administration of the reentry court program.
(8) Reentry Court Judge is defined as a judge assigned to the participating reentry court program who is responsible for the judicial oversight of parolees in the program.
(9) Referral Packet is defined as the package of reports, forms and supporting documents compiled by the department that is required for referral of a parolee into the reentry court program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order, including amendment of subsection (b)(6), transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.1. Reentry Court Program Eligibility Criteria.
Note • History
(a) To be eligible for the Reentry Court Program (RCP) a parolee must meet all of the following eligibility criteria:
(1) Parolees must have been sentenced to a term of imprisonment under Penal Code section 1170 and released from an institution or facility to a period of parole supervision.
(2) Parolees must have a documented history of substance abuse or mental illness.
(3) Parolees must violate their conditions of parole.
(b) A parolee who meets the above criteria may be referred by his or her parole agent for participation in the RCP pursuant to section 3769.3.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 1170, 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.2. Reentry Court Program Exclusionary Criteria.
Note • History
(a) The following offenders are excluded from participating in the Reentry Court Program (RCP):
(1) Parolees required to register as a sex offender pursuant to the provisions of Penal Code section 290 through 290.023, inclusive.
(2) Parolees subject to supervision via Global Positioning System monitoring as provided in section 3560.
(3) Parolees subject to non-revocable parole pursuant to section 3505.
(4) Any exclusionary criteria established by the participating RCP county.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 290-290.023, 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.3. Participation in the Reentry Court Program.
Note • History
(a) Parolees who meet the eligibility criteria provided in section 3769.1 and who are not otherwise excluded as provided for in section 3769.2 may participate in the Reentry Court Program (RCP) if one of the following referrals is made:
(1) The RCP judge may refer a parolee who is under the dual jurisdiction of the department and local probation, or who is currently on parole and facing new criminal charges that may result in a new conviction and subsequent return to prison.
(2) A Deputy Commissioner may refer a parolee who commits a violation of parole to the RCP as a remedial sanction. The Parole Violation Decision Making Instrument shall be utilized in making a determination whether to refer the parolee, pursuant to the provisions of sections 3768 through 3768.3.
(3) Parole Agents may refer directly to the RCP a parolee who commits a violation of parole which is not subject to mandatory referral to the Board of Parole Hearings pursuant to section 2616. A parolee referred under this subsection shall:
(A) Waive his or her right to a revocation hearing by signing a CDCR Form 1420 (Rev. 08/10), Placement Acknowledgement Waiver, which is incorporated by reference.
(B) Sign the CDCR Form 1515-RCP (12/10), Reentry Court Program Special Conditions of Parole, which is incorporated by reference.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.4. Parole Agent Responsibilities -- Reentry Court Program.
Note • History
(a) The reentry parole agent will work as part of the Reentry Court Program (RCP) team. Reentry parole agent duties shall include, but not be limited to the following:
(1) Attend RCP team meetings at least once per week.
(2) Present referral packets to the RCP team for review.
(3) Obtain any additional parole casework information requested by the RCP team.
(4) Act as liaison between the reentry court and other divisions and programs within the department.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.5. Processing Violations of Parole -- Reentry Court Program.
Note • History
(a) Any new violation of parole will be transmitted in accordance with the provisions of sections 3768.3. The alleged violation shall be referred to the Reentry Court Program in accordance with the provisions of subsection 3768.2(a)(5). The authority to place a parole hold on an alleged parole violator shall be retained by the department.
(b) The reentry parole agent will submit a summary of charges for any new violation of parole to the reentry court judge for review and disposition. Within two business days of a reentry court parolee being placed into custody, the reentry parole agent shall coordinate with the reentry court judge to determine if the parolee shall remain in, or be terminated from, the reentry court program.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
§3769.6. Processing Absconders from Parole -- Reentry Court Program.
Note • History
(a) In the event a parolee is determined to have absconded from Reentry Court Program (RCP) supervision, the violation shall be reported to the Board of Parole Hearings (BPH) and processed pursuant to the provisions for the suspension of parole and issuance of a warrant in Title 15, Division 2, sections 2711 and 2731.
(b) When an absconding RCP parolee is located, the parolee shall be detained in a county jail pursuant to a parole hold pending the parolee's appearance before the RCP judge on the absconding charge.
(c) In the event the BPH acted to suspend the absconder's parole, the Reentry Parole Agent shall, upon being advised that the parolee is in custody, initiate the process for reinstatement of parole.
(d) Pursuant to PC section 3015, the RCP judge has exclusive authority to hear and adjudicate the absconding charge. If the RCP judge chooses to terminate the parolee's participation in the RCP, the BPH shall retain the authority to hear the charge and determine appropriate sanctions.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3015 and 5054, Penal Code.
HISTORY
1. New section filed 4-15-2011 as an emergency; operative 4-15-2011 (Register 2011, No. 15). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-15-2011 order transmitted to OAL 7-15-2011 and filed 8-16-2011 (Register 2011, No. 33).
Article 20. Revocation Proceedings [Reserved]
§3771. Revocation Period. [Reserved]
§3772. Division of Adult Parole Operations Review. [Reserved]
Article 21. PC 3050 Residential Aftercare Program
Note • History
Pursuant to Penal Code (PC) section 3050, eligible felon inmates who have successfully completed an in-prison drug treatment program or other CDCR sanctioned substance abuse program, upon release from state prison, shall, whenever possible, be entered into a 150-day residential aftercare drug treatment program sanctioned by the California Department of Corrections and Rehabilitation (CDCR). This residential treatment program shall be known as the Treatment Incentive Program (TIP). As a condition of parole, if the parolee successfully completes 150 days of residential aftercare treatment, as determined by the CDCR and the aftercare provider, the parolee shall be discharged from parole supervision at that time.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3050 and 5054, Penal Code.
HISTORY
1. New article 21 (sections 3800-3800.3) and section filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§3800.1. Treatment Incentive Program Eligibility Criteria.
Note • History
(a) To be eligible to participate in the Residential Aftercare Program, the felon inmate must:
(1) Volunteer to participate.
(2) Have successfully completed an in-prison Substance Abuse Program (SAP), as described in section 3040.1, or other CDCR sanctioned substance abuse program.
(3) Not meet any of the exclusionary criteria as provided for in section 3800.2.
(b) Successful completion of a SAP or other CDCR sanctioned substance abuse program will be determined by the Successful Completion Assessment Team (SCAT).
(1) The SCAT shall include:
(A) Correctional Counselor (CC) III
(B) SAP treatment staff.
(2) The SCAT shall determine successful completion of the SAP or other CDCR sanctioned substance abuse program based on the following criteria:
(A) Time in program.
(B) Participation in program.
(C) Performance in program.
(D) Accomplishment of treatment plan objectives.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3050 and 5054, Penal Code.
HISTORY
1. New section filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§3800.2. Treatment Incentive Program Exclusionary Criteria.
Note • History
(a) An inmate is excluded from Treatment Incentive Program participation if any of the following conditions exist:
(1) The inmate is currently serving time as a parole violator who has been returned to custody.
(2) The inmate was convicted on or after January 1, 1997 of Corporal Injury pursuant to PC section 273.5; Violation of a Protective Order pursuant to PC section 273.6; or Stalking pursuant to PC section 646.9, where they are required to complete a 52-week batterer's program as outlined in PC Section 3053.2.
(3) The inmate is currently serving a Civil Addict commitment as described in Welfare and Institutions Code section 3051.
(4) The inmate is currently serving or has served a prior indeterminate sentence or a sentence for:
(A) A violent felony of any of the crimes listed as a violent felony in PC section 667.5(c).
(B) A serious felony of any of the crimes listed as a serious felony in PC sections 1192.7(c) and 1192.8.
(C) A crime that requires him or her to register as a sex offender pursuant to PC section 290.
(5) The inmate is eligible to participate in non-revocable parole status pursuant to Institution Classification action and as noted on CDC Form 128-B (Rev. 04/74), General Chrono.
(b) Inmates who volunteer to participate in the TIP but are denied entry may appeal the decision through the Department's inmate appeal process as outlined in sections 3084 through 3085.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 273.5, 273.6, 290, 646.9, 667.5(c), 667.59(c), 1192.7(c), 1192.8, 3050, 3053.2 and 5054, Penal Code; and Section 3051, Welfare and Institutions Code.
HISTORY
1. New section filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§3800.3. 150-Day Residential Aftercare Program.
Note • History
(a) After successful completion of a CDCR sanctioned in-prison SAP or other CDCR sanctioned substance abuse program, and volunteering, upon release to parole, the parolee shall be placed in a CDCR sanctioned 150-day community based drug treatment program.
(b) Parolees who successfully complete the 150-day residential aftercare program shall be allowed to leave the program at 5 p.m. on their 150th day in the program, and discharged from parole.
(1) Successful completion will be determined by the Aftercare Successful Completion Assessment Team (ASCAT), whose team members shall include:
(A) The Office of Substance Abuse Treatment Services (OSATS) PA II,
(B) The Treatment Provider.
(C) The Substance Abuse Service Coordination Agencies (SASCA) or Female Offender Treatment and Employment Program (FOTEP) Advocate, Case Manager.
(D) The Parole Agent of Record (AOR), whenever possible.
(2) Between the parolee's 130th day and no later than the 135th day of the PC section 3050 150-day residential aftercare program, the ASCAT shall conduct a case review to evaluate for successful completion, using the same criteria as for program eligibility outlined in section 3800.1(b).
(3) Upon a determination of successful completion, a copy of the Certificate of Completion and a CDCR Form 1502 (Rev. 10/06), Activity Report, shall be faxed to the AOR by the OSATS PA II no later than the 137th day. The AOR shall complete the CDCR Form 1502 and any remaining documentation, recommend closing interest in the case pursuant to PC section 3050(b), and shall submit the case to the Unit Supervisor (US) for review.
(4) The field parole US shall review the CDCR Form 1502, and upon approval, note an effective discharge date of 150-days from the date the parolee entered the residential program pursuant to PC section 3050(b). The CDCR Form 1502 and Certificate of Completion shall then be forwarded to Case Records.
(5) Upon receipt of the CDCR Form 1502, Division of Adult Parole Operations (DAPO) Case Records shall discharge the parolee from parole pursuant to PC section 3050(b).
(c) Parolees who fail to successfully complete the Treatment Incentive Program will remain under active parole supervision of DAPO.
(1) The US may restart the parolee in another CDCR sanctioned PC section 3050 150-day program.
(A) The AOR will contact SASCA for an alternate placement and recommend that the parolee restart the 150-days. If there is no bed or program available the parolee will not be afforded the option to restart and will forfeit the opportunity to discharge from parole pursuant to PC section 3050.
(B) If the parolee is restarted in the program a CDCR Form 1502 shall be submitted to the US recommending the effective start date and noting the new tentative discharge date 150-days after the restart date.
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3050 and 5054, Penal Code.
HISTORY
1. New section filed 3-9-2011; operative 4-8-2011 (Register 2011, No. 10).
§3801. Special Requirements of Civil Addict Release or Parole. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code; and Section 5054, Penal Code.
HISTORY
1. New section filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change without regulatory effect renumbering former section 3801 to new section 3620 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
§3802. Civil Addict Program Exclusion. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 3053, Welfare and Institutions Code; and Section 5054, Penal Code.
HISTORY
1. New section deemed approved pursuant to Government Code section 11349.3(a) 11-3-93; filed 11-5-93; operative 12-3-93 (Register 93, No. 45).
2. Change without regulatory effect renumbering former section 3802 to new section 3625 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
Article 2. Illegal Aliens
§3815. Limitations of Parole Services. [Renumbered]
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Section 297.5, Family Code; and Section 5054, Penal Code.
HISTORY
1. New article 2 (section 3815) and section filed 10-28-97; operative 11-27-97 (Register 97, No. 44).
2. Amendment of subsections (e)(1) and (e)(3)(A) and amendment of Note filed 10-16-2007; operative 11-15-2007 (Register 2007, No. 42).
3. Change without regulatory effect renumbering former article 2 to article 11 and renumbering former section 3815 to new section 3630 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
Subchapter 7. Parole Hearings Division [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 7 (articles 1-18, sections 3901.1.1-3901.35.2) filed 7-8-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 28).
Subchapter 8. Pilot Programs
Article 1. Pilot Programs
§3999.1.1. Level IV Transfers. [Repealed]
Note • History
NOTE
Authority cited: Section 5058(d), Penal Code. Reference Section 5058(d), Penal Code.
HISTORY
1. New subchapter 8, article 1 (section 3999.1.1) and section filed 10-1-96; operative 10-1-96. Submitted to OAL for printing only as a pilot program pursuant to Penal Code section 5058(d). (Register 96, No. 40). New section 3999.1.1 shall lapse by operation of law on August 13, 1998 unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Repealed by operation of law 8-13-98 (Register 98, No. 37).
§3999.1.2. Disability Placement Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058(d), Penal Code. Reference: Section 5058(d), Penal Code.
HISTORY
1. New section filed 12-12-96; operative 12-12-96. Submitted to OAL for printing only pursuant to Penal Code section 5058(d) (Register 96, No. 50).
2. Change without regulatory effect repealing section filed 6-21-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 25).
§3999.1.3. Pelican Bay State Prison Transitional Housing Unit. [Repealed]
Note • History
NOTE
Authority cited: Section 5058(d), Penal Code. Reference: Section 5058(d), Penal Code.
HISTORY
1. New section filed 12-5-96; operative 12-5-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Penal Code section 5058(d) (Register 96, No. 49).
2. Change without regulatory effect repealing section filed 6-21-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 25).
§3999.1.4. Structured Punishment Work Detail Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058(d), Penal Code. Reference: Section 5058(d), Penal Code.
HISTORY
1. New section filed 2-9-98; operative 2-9-98. Submitted to OAL for printing only pursuant to Penal Code section 5058(d), and will lapse two years after the Department of Corrections Director's certification dated 1-29-98 (Register 98, No. 7).
2. Repealer filed 10-8-99; operative 9-1-99. Submitted to OAL for printing only pursuant to Penal Code section 5058(d) (Register 99, No. 41).
Note • History
NOTE
Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
HISTORY
1. New section, including attachments and forms, filed 11-30-2000; operative 11-30-2000. Submitted to OAL for printing only pursuant to Penal Code section 5058(d), and will lapse by operation of law two years after the Director of Corrections certification dated 10-16-2000 (Register 2000, No. 48).
2. Change without regulatory effect repealing section, including attachments and forms, filed 6-27-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 26).
§3999.1.8. Pelican Bay State Prison Management of Indecent Exposure Incidents. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Sections 290, 314 and 5054, Penal Code.
HISTORY
1. New memorandum concerning the pilot program for management of indecent exposure incidents at Pelican Bay State Prison and new section filed 3-1-2005; operative 3-1-2005. Submitted to OAL for printing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Amended section 3999.1.8 filed 5-16-2006; operative 5-16-2006. Submitted to OAL for printing only pursuant to Penal Code section 5058.1(a) (Register 2006, No. 20). Amended section 3999.1.8 shall lapse by operation of law on 3-1-2007 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
3. Change without regulatory effect repealing section filed 10-22-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 43).
§3999.1.9. Pelican Bay State Prison -- Serious Rule Violations. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058 and 5058.1 Penal Code. Reference: Sections 295-300.3, 530, 532, 646.9, 647, 653(m), 2931, 2932, 2933, 4573.6, 5054, 5068 and 12020, Penal Code.
HISTORY
1. New section filed 3-1-2005; operative 3-1-2005. Submitted to OAL for printing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Change without regulatory effect repealing section filed 10-22-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 43).
§3999.1.10. Pelican Bay State Prison -- Segregated Program Housing Units. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Sections 530, 532, 646.9, 653(m), 932, 5054 and 5068, Penal Code.
HISTORY
1. New section filed 3-1-2005; operative 3-1-2005. Submitted to OAL for printing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Amended section 3999.1.10, subsection (b) filed 5-16-2006; operative 5-16-2006. Submitted to OAL for printing only pursuant to Penal Code section 5058.1(a) (Register 2006, No. 20). Amended section 3999.1.10, subsection (b) shall lapse by operation of law on 3-1-2007 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
3. Change without regulatory effect repealing section filed 10-22-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 43).
§3999.1.11. Pelican Bay State Prison -- Inmate Custody Designations. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Sections 5054 and 5068, Penal Code.
HISTORY
1. New section filed 3-1-2005; operative 3-1-2005. Submitted to OAL for printing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Change without regulatory effect repealing section filed 10-22-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 43).
§3999.2. Behavior Modification Unit Pilot Program. [Repealed]
History
HISTORY
1. New section 3999.2 (Administrative Bulletin 05/02) filed 11-21-2005; operative 11-21-2005. Submitted to OAL for printing only pursuant to Penal Code section 5058.1(a) (Register 2005, No. 47). New section 3999.2 shall lapse by operation of law on 11-21-2007 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Amended section 3999.2 (Administrative Bulletin 05/02) filed 5-16-2006; operative 5-16-2006. Submitted to OAL for printing only pursuant to Penal Code section 5058.1(a) (Register 2006, No. 20). Amended section 3999.2 shall lapse by operation of law on 11-21-2007 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
3. Change without regulatory effect removing lapsed section filed 7-27-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 31).
§3999.3. Transfer of Inmate Assessment Responsibilities Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Sections 1203.8 and 5058.1, Penal Code.
HISTORY
1. New section 3999.3 filed 2-5-2007; operative 2-5-2007 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2007, No. 6). New section 3999.3 shall lapse by operation of law on 2-5-2009 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Change without regulatory effect repealing section filed 8-5-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 32).
§3999.4. Senate Bill 1453 -- Mandatory Residential Aftercare Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Sections 2933.4 and 5058.1, Penal Code.
HISTORY
1. New section 3999.4 (Instructional Memorandum 5-1-07) filed 5-15-07; operative 5-15-07 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2007, No. 20). New section 3999.4 shall lapse by operation of law on 5-15-2009 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Change without regulatory effect repealing section filed 8-5-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 32).
§3999.5. Mandatory Condition of Parole Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, Penal Code.
HISTORY
1. New section 3999.5 (Instructional Memorandum 5-18-07) filed 6-5-2007; operative 6-5-2007 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2007, No. 23). Section shall lapse by operation of law on 6-5-2009 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Change without regulatory effect repealing section filed 8-5-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 32).
§3999.6. Parole Violation Decision Making Instrument Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 5058.1 and 5058.3, Penal Code. Reference: Sections 5058.1 and 5058.3, Penal Code.
HISTORY
1. New section 3999.6 (Instructional Memorandum 9-15-08, Forms 1500 and 1500-A and appendices A-C) filed 10-15-2008; operative 10-15-2008 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2008, No. 42). Section shall lapse by operation of law on 10-15-2010 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Repeal filed 1-7-2010 as an emergency; operative 1-25-2010 pursuant to Penal Code section 5058.3(a) and Government Code section 11346.1(d) (Register 2010, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-6-2010 or the emergency action will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2010, No. 22).
4. Certificate of Compliance as to 1-7-2010 order, including amendment of Note, transmitted to OAL 6-25-2010 and filed 7-22-2010 (Register 2010, No. 30).
§3999.7. Sexual Barrier Device Distribution Pilot Program. [Repealed]
Note • History
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Sections 1203.8 and 5058.1, Penal Code.
HISTORY
1. New section 3999.7 (Instructional Memorandum 10-14-08) filed 10-28-2008; operative 10-28-2008 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2008, No. 44). Section shall lapse by operation of law on 10-28-2010 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Change without regulatory effect repealing section filed 10-6-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 40).
§3999.8. Pilot Program for Intermediate Care Facilities at ASH, CMF and SVSP. [Repealed]
History
HISTORY
1. New section (Instructional Memorandum 7/16/2009, Attachments 1-7) filed 10-23-2009; operative 10-23-2009 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2009, No. 43). Section shall lapse by operation of law on 10-23-2011 pursuant to Penal Code section 5058. 1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Change without regulatory effect repealing section (Instructional Memorandum 7/16/2009, Attachments 1-7) filed 1-11-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 2).
§3999.9. California Parole Supervision and Reintegration Model Pilot Program.
Note • History
State of California Department of Corrections and Rehabilitation
Memorandum
Date : August 23, 2010
To : Regional Parole Administrators
Division of Adult Parole Operations Staff Assigned to:
Region I, Bakersfield, Unit 7
Region II, Santa Rosa, Unit 1
Region III, San Gabriel Valley, Unit 1
Region IV, Tri-City Unit INSTRUCTIONAL MEMORANDUM
Subject: PILOT PROGRAM FOR THE CALIFORNIA PAROLE SUPERVISION AND REINTEGRATION MODEL
PURPOSE
This Instructional Memorandum announces the implementation of the California Department of Corrections and Rehabilitation's (CDCR) pilot program utilizing the California Parole Supervision and Reintegration Model (CPSRM), Operations Manual, and Policy and Procedures. The purpose of this program is to develop and implement a model that will enable parole staff to utilize a combination of evidence-based practices, best-past practices, and innovative concepts as a model for our operations. Existing processes already implemented by the Division of Adult Parole Operations (DAPO), such as the California Static Risk Assessment (CSRA), the STATIC-99 Sex Offender Risk Assessment Tool, Correctional Offender Management Profiling for Alternative Sanctions (COMPAS), Adult and ReEntry Assessment Tool, Parole Violation Decision Making Instrument (PVDMI), and Global Positioning System (GPS) Monitoring, will continue to play key roles in our successes.
An ongoing assessment of the CPSRM will be conducted by the CDCR Office of Research in collaboration with the University of California Irvine (UCI).
PILOT PROGRAM REQUIREMENTS
The CPSRM is operating as a pilot program pursuant to Penal Code Section 5058.1. The pilot program is intended to assess the functionality of the CPSRM and its impact on parole reform. The assessment will be evaluated based on various factors which include, but are not limited to: Periods of continuous parole, stability of a parole program -- which would be measured by residence factors and self sustenance, and recidivism rate.
PILOT PROGRAM LOCATIONS
The CPSRM pilot program will be implemented within the following four parole units:
This pilot program will remain in effect for a 24-month period, from September 22, 2010 through September 22, 2012, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedure Act. The initiation of additional pilot sites is permitted under the guidelines provided in this Instructional Memorandum.
BACKGROUND
As provided for under the provisions of Senate Bill X3-18, which provides for Non-Revocable Parole (NRP) for eligible offenders, the population of paroled offenders subject to supervision will be reduced. This reduction in supervised offenders allows the CDCR, Division of Adult Parole Operations (DAPO), to commit to a Parole Reform Model that provides for more effective parole supervision to the remaining offenders.
To develop a supervision model designed to lead CDCR into the future, staff were recruited from all four regions and DAPO Headquarters to form a workgroup. The staff consisted of Parole Agent (PA) Is, PA IIs, PA IIIs and Parole Administrators, as well as representation from the Parole Agents Association of California, which together average 19 years of service in CDCR. The workgroup was armed with volumes of evidence-based research material for review, and their vast and diverse work experience. The workgroup was tasked with identifying “what works” in parole, and “what we can do better.” In partnership with Center for Effective Public Policy, the workgroup developed the CPSRM.
Concepts and strategies developed in the CPSRM include:
• A reduction in caseloads to a ratio of 48:1 for regular caseloads, while retaining the existing ratios for all Enhanced Outpatient Program and GPS monitored specialized caseloads.
• Effective case planning methods will be incorporated to address the criminogenic needs of each offender prior to release.
• Varying supervision categories that are consistent with the parolee's Case Plan and risk level as determined by the CSRA, and performance on parole.
• Supervision tools, which would include motivational interviewing and monitoring the progress of a parolee -- addressing his or her criminogenic needs.
• A structured method of rewards and incentives designed to promote the parolee's pro-social behavior, and for demonstratable progress towards meeting the goals of their case management plans.
• A Discharge Consideration Committee process to review the parolee's suitability for discharge for select cases where the Board of Parole Hearings (BPH) has sole jurisdiction to discharge.
Through these changes, DAPO can return to a proactive approach in how we will accomplish our dual mission of protecting the public, while assisting the parolee in their rehabilitation and reintegration back into the community.
Eligibility Criteria
With the exception of inmates released pursuant to Penal Code Section 3000.03, also known as non-revocable parole, all parolees under the jurisdiction of the four pilot program parole units shall be supervised under the CPSRM.
POLICY AND PROCEDURE COMPONENTS
The CPSRM Operations Manual (attached along with copies of referenced forms), which is being provided to each participating Region, is comprised of 21 chapters. Below is a summary of each chapter and the applicable policy and procedure:
Chapter 1: This chapter outlines the mission and value statement for DAPO and incorporates the statement into policy. There are no workloads or procedures associated with this chapter.
Chapter 2: This chapter outlines the legal basis for parole, objectives of parole, and responsibility for supervision. The chapter is included to outline the newly enacted provisions of NRP. There are no workloads or procedures associated with this chapter.
Chapter 3: This chapter outlines the roles and responsibilities of staff assigned within DAPO. This chapter includes existing roles that were previously undefined in one location. There are no workloads or procedures associated with this chapter.
Chapter 4: This chapter outlines key terms and their definitions that are used in the Operations Manual. There are no specific workloads or procedures associated with this chapter.
Chapter 5: This chapter outlines the policy on parole placement upon release from incarceration. There is workload associated with this chapter; however it is not new workload. The majority of the provisions of this policy have been in operation since 1998. Additional provisions of this chapter all came into effect by 2006. This chapter just consolidates the information into one location. The policy and procedures include:
• Parole Placement Criteria -- The criteria, listed in the order of priority, to be used to determine the County of Last Legal Residence (CLLR):
1. The residence as recorded on the Probation Officer's Report (POR) for the current controlling commitment offense.
2. If the POR was not completed, then it is the residence of record on the arrest report for the current controlling commitment offense.
3. If the POR was not completed and the arrest report is not available, the offender was transient, or the last legal residence was out-of-state. The county of commitment for the controlling case shall be used as the CLLR.
• Exception to Parole to County of Last Legal Residence Policy
• Factors to Consider when Placing an Inmate in a County other than the County of Last Legal Residence
• Residence Restrictions on Parolees
Chapter 6: This chapter outlines the policy on pre-release processing. The chapter reiterates the current pre-release policy and procedures, but it does introduce a new procedure. A pre-release residence verification shall be conducted prior to an inmate's initial release from prison. The pre-release residence verification shall be documented on a new form, CDCR Form 1658 (06/10), Pre-Parole Residence/Employment Verification.
Chapter 7: This chapter outlines the policy and procedures for imposing general and special conditions of parole. There is workload associated with this chapter; however it is not new workload. The majority of the provisions of this policy have been in operation since 1989; however additional provisions, and required special conditions of parole, have been incorporated over recent years. This chapter just brings all applicable policies and procedures into one cohesive section.
Chapter 8: This chapter outlines the policy and procedures for release to parole and parole agent institution pick-ups. This section reiterates some existing workload. There is new workload associated with this chapter, including the use of a new form, CDCR Form 1649 (06/10), Reporting Instructions. This chapter provides the department's new definition of cases that are considered the highest control or risk classification as referenced in Penal Code Section 3060.7. This definition is less restrictive than the department's current definition, thus associated workload will be reduced.
Chapter 9: This chapter outlines the policy and procedures for issuing reporting instructions to all new and revocation releases from a custody setting. The section contains new workload and utilizes the form introduced in chapter 8. New workload includes preparing reporting instructions for each parolee with an adjusted release date.
Chapter 10: This chapter outlines the new supervision categories and specifications for each category. It also includes previously negotiated supervision categories. The supervision categories and specifications are a primary component of parole reform. The purpose of this section is to provide a supervision level that will facilitate pro-social behavior.
Chapter 11: This chapter outlines the Initial Interview policy and procedures, which is existing workload, and introduces a Comprehensive Interview, which is new workload. It also introduces the revised form for the Initial Interview, CDCR Form 1650-B (Rev 06/10), and introduces a new form, CDCR Form 1650-B1 (06/10), Comprehensive Interview. The purpose of this section is to ensure that the parolee and supervising parole agent develop a rapport.
Chapter 12: This chapter outlines supervision tools that can be used by parole agents in managing their casework. These tools include:
• Motivational Interviewing
• Goals and Progress Reports Policy
• Electronic In-Home Detention
• Parole Searches
• Surveillance and Pretext Interviews
• Anti-Narcotic Testing
This section reiterates some existing workload, such as Electronic In-Home Detention, Parole Searches, Surveillance and Pretext Interviews, and Anti-Narcotic Testing. There is new workload associated with this chapter, including the use of a new form, CDCR Form 1661 (06/10), Monthly Goals/Progress Report. Additionally, Motivational Interviewing is reintroduced in this chapter. Motivational Interviewing was part of a training component partially rolled out with the Parole Violation Decision Making Instrument pilot program, and should be completed prior to the expansion of this pilot program.
Chapter 13: This chapter outlines the process for processing court walkovers, or those offenders released directly from court. This section combines the existing workload provisions for supervised court walkovers, with the recently imposed workload provisions for NRP screening, and does not represent any new workload.
Chapter 14: This chapter outlines the components and process for referring parolees to a parole sponsored program, which is representative of existing workload. The chapter also introduces a new program, Rewards and Incentives. There is new workload associated with this process.
Chapter 15: This chapter outlines the process for submitting warrant requests to the Board of Parole Hearings. The components of this chapter represent existing workload. It is included due to the new criteria established for cases subject to Emergency Action requests for warrants, as provided for in PC Section 3060.7. This section also encompasses newly enacted provisions for referring cases to apprehension units.
Chapter 16: This chapter outlines the process for preparing and submitting a discharge review report. The components include a combination of existing workload and new workload, inclusive of a new form, CDCR Form 1502-DR (06/10), Discharge Review Report. The CDCR Form 1502-DR provides the user with a “Decision Making Guideline Chart” to aid in the decision process. Additional workload and duties include participating in a Discharge Consideration Committee for select cases where the Board of Parole Hearings retains jurisdiction, yet the CDCR advocates discharge as opposed to retention.
Chapter 17: This chapter outlines the new method for determining parole agent workload. This includes guidelines for the composition of a 48:1 caseload, including acceptable levels of Category A, Enhanced Outpatient Program, Transitional Phase, and At-Large cases. The new method also includes a reduction in workload associated with parolee supervision for Parole Agent II's.
Chapter 18: This chapter outlines the caseload management policy and procedures, and includes the requirement to include current and applicable prior month case contacts annotated on the parole agent caseload roster, prior to submission to the unit supervisor. This may be considered new workload, but existing policy allows for “additional information as required by unit supervisor,” which is not universally applied.
Chapter 19: This chapter outlines the role and responsibility of the Assistant Unit Supervisor (AUS) assigned to field Parole Units, and includes duties which can and cannot be conducted by the AUS. The section realigns the percentage of administrative duties and caseload duties performed by the AUS.
Chapter 20: This chapter outlines the role and responsibility of the Unit Supervisor (US) assigned to field Parole Units, and includes the added responsibility of attending the Discharge Consideration Committee and monitoring the use of Rewards and Incentives.
Chapter 21: This chapter provides detailed information relative to the requirement to conduct staff meetings within the field Parole Units. This section includes staff meeting timeframes, agenda topics, and minute taking requirements. This section conforms to existing policy and only presents specific agenda items to be routinely discussed.
Chapter 22: This chapter provides detailed information relative to the roles and responsibilities for support staff assigned within a field parole unit. This section includes varied duties staff may be tasked with performing while on duty, inclusive of a new requirement to maintain the parolee field file.
STATEMENT AS TO DURATION OF THE PILOT PROJECT
This pilot program will remain in effect through September 22, 2012. The CDCR Office of Research will be conducting a complete review and analysis of the implementation of the CPSRM and its effects on rehabilitation and recidivism. To accomplish this review, the Office of Research will interview select participating parole agent staff. Parole agents who are contacted shall make reasonable efforts to make themselves available to be interviewed.
/s/
ROBERT AMBROSELLI
Director
Division of Adult Parole Operations
Attachments
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, Penal Code.
HISTORY
1. New section (Instructional Memorandum 8-23-2010, Attachments 1-6) filed 9-22-2010; operative 9-22-2010 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2010, No. 39). Section shall lapse by operation of law on 9-22-2012 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commending with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Note • History
State of California Department of Corrections and Rehabilitation
Memorandum
Date : October 5, 2010
To : Associate Chief Deputy Commissioners, Board of Parole Hearings
Deputy Commissioners, Board of Parole Hearings
Regional Parole Administrators, Division of Adult Parole Operations
Division of Adult Parole Operations, Capitol District
Subject: HOPE PILOT PROGRAM
PURPOSE
This memorandum announces the implementation of a pilot program based on the Hawaii Opportunity for Probation with Enforcement (HOPE) model. This program is being implemented to test the effectiveness of an “immediate sanction” process to address drug abuse and other violations of parole by California parolees. This program is a cooperative effort between the Division of Adult Parole Operations (DAPO) and the Board of Parole Hearings (BPH) within the California Department of Corrections and Rehabilitation (CDCR).
PILOT PROGRAM REQUIREMENTS
The HOPE pilot program is being implemented under the authority granted in Penal Code Section 5058.1. The pilot program is intended to assess whether or not frequent drug testing and immediate short-term incarceration for drug use and/or other violations reduces the recurrence of drug use and/or other violation behaviors by California parolees assigned to the study group.
Exclusion for Standard Revocation Time Frames
The standard timeframes for revocation processing, established pursuant to the Valdivia Permanent Injunction, will not apply to parolees assigned to the HOPE program test group. If a parolee is excluded from HOPE participation due to a pending violation charge, the standard revocation processing timeframes will commence on the date of exclusion.
Attorney Representation
Parolees participating in the test group will be represented by attorneys associated with the California Parole Advocacy Program, unless representation is declined by the parolee.
Documentation and Recording
All hearings will be documented on hard-copy forms as described later in this memorandum. All hearings shall be tape recorded. The tape recordings will ensure a complete and detailed record to facilitate research. Tape recordings will not necessarily be required if the process is fully implemented following the pilot study.
PILOT PROGRAM LOCATION
The HOPE pilot program will study parolees assigned to the Capitol District, Sacramento Metro IV Parole Unit. The hearing operations will take place at both the parole office and at the Sacramento Main Jail. All periods of incarceration will take place at the Sacramento Main Jail.
This pilot program will remain in effect for a 24-month period, from October 11, 2010 through October 11, 2012, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedure Act.
BACKGROUND
A similar program is fully implemented and in use by the state of Hawaii to manage portions of their probation population. In Hawaii, the program is referred to as HOPE. This program provides a system of well-structured supervision, frequent drug testing, and immediate sanctions for the illicit use of controlled substances or any other violation of the conditions of probation. The focus of this program is to intervene with swift and certain sanctions, including short-term incarceration, when probationers test positive for drug use, or commit other violations of their conditions of probation. More information regarding the HOPE program can be obtained at www.hopeprobation.org.
PROGRAM STRUCTURE
Pilot Test Group Selection
The initial pilot program will consist of up to 100 parolees assigned to Sacramento Metro parole units. Of the 100 parolees identified, 50 will be assigned to a control group to facilitate research comparison. The 50 parolees assigned to the control group will be supervised under current parole policy. The other 50 parolees will be assigned to the test group and be monitored and supervised according to the HOPE procedures. Group assignment will be determined by research protocol.
The first 100 parolees meeting the below-listed criteria will be identified and assigned to one of the two groups.
• Assigned to the Sacramento Metro IV Parole Unit.
• Having no history of convictions for crimes that require registration under Penal Code Section 290.
• Released from a term of return-to-custody for a violation for, or involving, the use of drugs.
• Have a maximum controlling discharge date at least one year from the date of release from the return-to-custody term.
Orientation Hearings for Test Group Participants
An essential part of the HOPE program concept is the orientation hearing. Each parolee assigned to the test group will appear before a BPH Deputy Commissioner on the day of release from custody, or shortly thereafter. An attorney will be present for this hearing to advise the parolee. These hearings will take place at the Sacramento Capitol District parole offices. At this hearing, the parolee will receive a thorough explanation of the HOPE program and be advised of the expectations associated with participation. The parolee will be advised of these primary points:
• Drug testing will be frequent and random.
• The goal of the program is to change the negative behavior (stop drug use).
• Positive drug tests or other known violations will normally result in some period of incarceration.
• Periods of incarceration will normally increase with each successive violation.
• Taking personal responsibility for behaviors is critical to the reduction of future negative behaviors.
• Parolees who deny or lie about drug use or other violation behaviors will often receive more severe sanctions.
• Willful failure to appear for drug testing is considered more serious than a positive test and sanctions will be enhanced.
• Absconding may result in referral for standard revocation processing with normal disposition options.
• Parolees who openly admit and discuss drug use or other violation behaviors will often receive less severe sanctions.
• Serious criminal behavior will result in exclusion from the program and have the potential for a lengthy return-to-custody.
Parole Supervision of Test Group Participants
Parolees assigned to the test group will be supervised by agents selected and specifically designated to monitor and supervise the test group participants. All test group participants will be supervised by one of the two test group agents selected to take part in the pilot program. Violations of parole will be reported to the BPH using the Board of Parole Hearings Activity Report/HOPE, CDCR Form 1502-C (10/10), (attached).
All standard parole supervision classifications, conditions of parole, supervision techniques, and supervision levels will be applied to test group participants. In addition, test group participants will be subject to an enhanced system of drug testing and monitoring. During the initial months of program participation, parolees will be subject to random drug testing six times each month. Parolees will be required to contact the agent (or an automated notification system) regularly to determine if they are required to test on that day. Reporting and testing will be required within 12 hours of notification. Frequency of testing may be modified based on individual case factors.
Sanctions for Positive Drug Testing or Other Violations
When a parolee tests positive for drug use, or is otherwise known to have violated the conditions of parole, the parolee will normally appear before a Deputy Commissioner at the parole unit where the test occurred on the day of the test. If a parolee tests positive when no Deputy Commissioner is available, an agent will place the parolee in custody, issue a hold pursuant to Penal Code Section 3056, and deliver the parolee to the Sacramento Main Jail for housing pending a HOPE Hearing.
A Deputy Commissioner of the BPH will be available at the hearing locations (Parole Unit offices and Sacramento Main Jail) during specified hours and on specified days, to ensure a hearing can be held soon after the violation behavior is detected. These hearings will often be held on the day the parolee is placed in custody. With the exception of unusual circumstances associated with holiday weekends, hearings will occur within 48 hours.
At the hearing, the Deputy Commissioner will review the evidence provided by the parole agent and determine the sanction. A short period of incarceration at the Sacramento County Jail will be common for first-time offenses. Subsequent offenses will normally result in longer periods of incarceration, up to 14 days. This range can be modified by the Deputy Commissioner.
Exclusion from the Test Group
The Deputy Commissioner has the authority to exclude the parolee from the pilot program and order the violation behavior to be reported and adjudicated through standard revocation processing. Parolees who are excluded may be returned to the program at a later date, but will not be returned to the pilot test group for the purposes of research findings. Any parolee who absconds may be excluded from the test group.
Parolee Assignment Following Initial Test Group Determination
As parolees are excluded from the test group due to serious behaviors or unavailability for supervision, additional parolees will be selected and placed in the pilot test group on a one-for-one basis in order to maintain each group at or near 50 parolees. Parolees added to the test group will not be included for the purposes of research comparison to the control group. The purpose of maintaining the group at 50 participants is to continue operational testing and data collection to support future research.
Hearing Locations
HOPE Orientation Hearings
All Orientation Hearings will be held at the Sacramento Capitol District Parole Offices. These hearings will be conducted by a Deputy Commissioner and held approximately three days per week.
HOPE Violation Hearings
Violation Hearings will be held at both the Sacramento Main Jail and at Sacramento Metro Parole complex offices. When a violation behavior is discovered by a parole agent before the parolee has been placed in custody by a law enforcement agency, the Violation Hearing shall normally occur at the parole office. If the disposition results in an order for a period of incarceration, a parole agent will transport the parolee to the Sacramento Main Jail following the hearing.
If a parolee is placed in custody by a law enforcement agency or the agent discovers that a violation has occurred when no Deputy Commissioner is available to hold a hearing at the parole office, the Violation Hearing will be held at the Sacramento Main Jail. There will be regularly scheduled hearing days at this location that will facilitate expeditious resolution of each violation.
Contested HOPE Hearings
When a parolee denies the violation charges reported by the agent, a Contested Hearing will be held. In some rare circumstances, witnesses will be summoned to testify at the hearing. Contested hearings will be held both at the Sacramento Metro Parole complex offices and the Sacramento County Jail.
Documentation and Data Collection
DAPO agents assigned to manage the HOPE program test group parolees will be responsible to provide documentation of positive drug tests or other violations of the conditions of parole. A HOPE Activity Report shall be provided to the BPH HOPE program coordinator no later than noon on the first business day following discovery of the behavior. Agents will be required to list the charges and provide a short, concise statement describing the violation behavior. This statement will be provided on the HOPE Activity Report, and can be handwritten.
Deputy Commissioners shall document all actions taken at HOPE hearings and forward the information to the BPH Coordinator. The BPH HOPE Coordinator is responsible to compile all necessary information and forward this information to identified stakeholders, including designated research staff.
When a HOPE parolee is determined to have committed a violation during hours when a Deputy Commissioner is on duty and available to hold a HOPE hearing at either hearing location, the documentation shall be presented directly to the Deputy Commissioner. Copies shall be forwarded to the BPH HOPE Coordinator following the hearing to ensure appropriate tracking and documentation of results.
STATEMENT AS TO DURATION OF THE PILOT PROJECT
This pilot program will remain in effect through October 11, 2012. The CDCR office of Research will be conducting a complete review and analysis of the HOPE pilot program to determine its effect on recidivism and incidence of drug use.
/s/
MATTHEW L. CATE
Secretary
Attachment
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, Penal Code.
HISTORY
1. New section (Instructional Memorandum 10/5/2010 and Attachment 1) filed 10-11-2010; operative 10-11-2010 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2010, No. 42). Section shall lapse by operation of law on 10-11-2012 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
§3999.11. Alternative Treatment Option Model.
Note • History
State of California Department of Corrections and Rehabilitation
Memorandum INSTRUCTIONAL MEMORANDUM
Date :
To : Connie Gipson, Warden (A), Corcoran State Prison (COR)
Sabrina Johnson, Chief Deputy Warden (A), COR
Maurice Jennings, Correctional Administrator, COR
Steven Bylund, Chief of Mental Health, COR
Teresa Macias, Chief Executive Officer, COR
Subject: PILOT PROGRAM FOR ALTERNATIVE TREATMENT OPTION MODELS
PURPOSE
The purpose of the pilot program is to establish benchmarks to measure the viability of a California Department of Corrections and Rehabilitation (CDCR) modified variant of the New York Restart Chair, a chair used in group therapy and in which the Inmate/Patients (I/Ps) are secured with restraints, as an Alternative Treatment Option Model (ATOM) to the presently used Therapeutic Treatment Module (TTM), in terms of both security and clinical functionality, during the therapeutic session. These benchmarks will be developed into an assessment tool through collaboration between the Division of Correctional Health Care Services (DCHCS), and the Division of Adult Institutions (DAI). Through the implementation of the pilot program and the use of the assessment tool, DCHCS, and DAI will be responsible for the management of this pilot program.
PILOT PROGRAM REQUIREMENTS
The criteria for participation in this pilot program are that candidates will be currently housed in a participating Administrative Segregation Unit-Enhanced Outpatient Program (ASU-EOP) or Psychiatric Services Unit (PSU) program in a selected institution(s). Under no circumstances will I/Ps be evaluated, assessed, or chosen for transfer to a selected institution so they can take part in this pilot program.
The Interdisciplinary Treatment Team (IDTT), which includes custody staff, will make decisions about whether an I/P should be excluded from the ATOM group. The IDTT will review recent violent/aggressive behaviors and Rules Violation Reports (RVRs), recent cell extractions, medication compliance, group compliance/participation, current risk for assaultive behavior, and current spit net restrictions. It is important that any participating I/P would have an equal chance of being placed in either the ATOM or the TTM.
The ATOM will be piloted using several different types of group activities, e.g., writing, reading, or tactile exercises. Group participants using both types of treatment models will participate in the same basic group curriculum with the same group facilitators, allowing for a more direct comparison between the two models.
It will be important the institution(s) participating in the pilot have commitment from both custody and clinical staff members. Both will need to develop a local operating procedure and provide training to staff for the safe use of the ATOM.
PILOT PROGRAM LOCATIONS
The identified site(s) will begin with COR's new ASU-EOP Hub treatment facility. This pilot program will remain in effect for a 24-month period, from April 1, 2012 through April 1, 2014, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedure Act. The initiation of additional pilot sites is permitted under the guidelines provided in this Instructional Memorandum.
BACKGROUND
DCHCS has embarked on the development of an alternative design to safely conduct group therapy sessions for I/Ps with serious mental disorders, who have demonstrated aggressive and violent anti-social behavior warranting current disciplinary action and segregated housing assignment. The mental health system within DCHCS provides clinical services for I/Ps diagnosed with serious mental health disorders as outlined in the Diagnostic and Statistical Manual Fourth Edition and the Mental Health Services Delivery System Program Guidelines.
The purpose is to provide I/Ps with a more therapeutic environment during group and individual counseling sessions that provides more direct, open contact with the clinician as well as the other group participants, while maintaining a safe environment for all.
Over the last year, a multidisciplinary CDCR team, including DCHCS; Technology Management Unit under the direction of the Agency Security Technology Transfer Committee; Facilities, Planning, Construction and Management; Health Care Facilities and Licensing Liaison (HCFALL); DAI; and the California Prison Industry Authority (CALPIA), have worked together to identify an alternative to the TTM currently being used statewide. The TTM was originally designed and implemented to allow mental health clinicians to provide out-of-cell group and individual counseling services to seriously mentally ill, high risk I/Ps residing in segregated housing, including ASU, Security Housing Unit, ASU-EOP Hub, and PSU. Since that time, hundreds of TTMs have been constructed by CALPIA and are being used statewide.
The ATOM Committee spent several months gathering information and discussing the pros and cons of three alternative types to the TTM, which includes a secure table that seats several I/Ps next to each other tethered to the table; an unsecured chair in which the I/Ps are tethered to an I-bolt in the floor; and the New York Restart Chair, which is a chair with a writing surface and in which the I/Ps are secured with restraints. The Restart Chair was selected after the other two models were excluded due to safety concerns. Use of the chair may require a change to California Code of Regulations, Title 15, Section 3268.2 (c)(4), which states in part that mechanical restraints will not be used to secure a person to a fixed object except as a temporary emergency measure. The use of restraints for securing I/Ps to the chair shall be for treatment purposes only.
PROCEDURES
The ATOM will be officially piloted at COR for a period of two years to allow time for the regulation change, but will be evaluated for efficacy in six months. The ATOM chairs will be placed in one group room and in one individual counseling room. The current TTMs will remain in the facilities' other group/individual counseling room(s).
Each participating program will randomly place one group of I/Ps in the ATOMs and another in the TTMs. Each will remain in the same module group for a period of one month before being switched to the other module group. While participating in group, the group therapy leadership will remain constant as will the group therapy curriculum.
Staff assigned to place I/P's into and out of the ATOM chair shall be trained in the use of the ATOM chair prior to being required to operate the chair. Training shall include instruction on loading and unloading the I/P's into the chair, the ATOM locking mechanism, and use of restraints. All training shall be documented on CDC Form 844 and submitted to the In-Service Training department at COR.
Custody representatives will track and compare any safety issues, incidents, RVRs, and load times (the amount of time to transfer I/Ps into the ATOM chair and secure the restraints) associated with use of both types of models. Potential issues that have been identified include longer load times for the ATOM because I/Ps may be required to remain in leg irons and waist chains. Custody questionnaires will include satisfaction, safety issues, load time, etc.
Clinician questionnaires will include satisfaction, group efficacy/participation, and safety issues.
I/P questionnaires will include overall satisfaction, comfort, safety issues, and preference compared to other module.
After six months, the data collected from the comparison of the two treatment models will be provided to the ATOM Committee, comprised of representatives from DCHCS and DAI, for analysis and dissemination. The data will be used to create benchmarks to measure the efficacy of the ATOM chairs and a conclusion will be made about whether these chairs are appropriate for use with I/Ps in segregated housing. Efficacy will be judged in several ways, including: group participation; security issues; RVRs; incidents; I/P, clinician, and custody satisfaction with the chairs; and custody workload/time constraints.
PROGRAM OVERVIEW
The current TTMs in use in CDCR adult facilities were developed in order that clinicians could provide out-of-cell group therapy to high risk, often violent, I/Ps in segregated housing. CDCR institutions statewide with segregated housing all use TTMs with only minor design changes being made along the way. This pilot program was developed due to repeated and long-term concerns by the Coleman Court experts and plaintiff's attorneys that there may be a more humane and effective way to provide group/individual therapy to seriously mentally ill I/Ps in segregated housing.
In July 2010, a working group was formed with representatives from Mental Health, DAI, HCFALL, and nursing. The group's mission was to develop a work plan in order to place the ATOM in the field where it can be piloted in real world circumstances in CDCR institution settings.
STATEMENT AS TO DURATION OF THE PILOT PROJECT
This pilot project will remain in effect through April 1, 2014. Data will be collected along the way, including incidents and safety issues associated with both types of treatment models; program participation; and I/P, clinician, and custody satisfaction with the two types of treatment models. After six months, the ATOM Committee will evaluate the process and outcome data and will judge the efficacy of the ATOM as compared to the current TTMs in use. The Committee will produce a position paper, making suggestions as to whether the ATOM could be more effectively used for all or some subset of I/Ps in lock up ASU or PSU programs.
Inquiries for Clinical Mental Health, please contact Eric Reininga, Psychologist, at (916) 324-6731 or by email at Eric.Reininga@CDCR.CA.GOV. For Custody, DAI, please contact Joe Stein, Correctional Captain, at (916) 323-2863 or by email at Joe.Stein@CDCR.CA.GOV.
Original Signed By: Original Signed By:
GEORGE J. GIURBINO DIANA TOCHE
Director (A) Director (A)
Division of Adult Institutions Correctional Health Care Services
Attachments
cc: R. J. Subia
Joe Stein
Eric Reininga
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, Penal Code.
HISTORY
1. New section filed 3-15-2012; operative 3-15-2012 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2012, No. 11). Section shall lapse by operation of law on 4-1-2014 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Division 4. Division of Juvenile Justice
Chapter 1. General Provisions
Article 1. Introduction
§3999.12. Automated Case Plan.
History
State of California Department of Corrections and Rehabilitation
Memorandum INSTRUCTIONAL MEMORANDUM
Date: May 21, 2012
To: Associate Director, Female Offender Programs and Services/Special Housing
Wardens, Female Institutions
Classification and Parole Representatives, Female Institutions
Correctional Case Records Managers, Female Institutions
Subject: PILOT PROGRAM FOR AUTOMATED CASE PLAN
PURPOSE
This memorandum announces the implementation of the automated case planning tool which utilizes assessment results to determine appropriate programming for offenders. The California Department of Corrections and Rehabilitation (CDCR) adopted an automated needs assessment tool in order to identify the core criminogenic needs of CDCR offenders. The Automated Case Plan Pilot Program will assess the functionality of the automated case planning tool in conjunction with the automated needs assessment tool, and the impact of incorporating the resulting case plan within the current classification process for offenders. The case plan is generated based on the results of the automated needs assessment, and will recommend treatment options for each identified criminogenic need.
The case plan component of the automated needs assessment tool is designed to assist the Classification Committees and Correctional Counselors (CC) during their review of each offender's required and/or completed programs. The pilot program will focus on criminogenic needs listed as moderate to high, and become a review requirement for Classification Committees.
PILOT PROGRAM REQUIREMENTS
The Automated Case Plan Pilot Program is being implemented under the authority granted in Penal Code Section 5058.1. This pilot program is intended to expand upon the requirements set forth in Penal Code Section 3020, by providing a case plan component which is developed from the required automated needs assessment tool, in order to place offenders in programs that will aid in their reentry to society and ultimately reduce their likelihood of reoffending. The use of this pilot program will expand the Department's efforts toward its goal of reducing recidivism by placing offenders into programs based upon identified criminogenic needs in the automated case plan.
PRIORITY PLACEMENT FOR AUTOMATED CASE PLAN PARTICIPANTS IN REHABILITATIVE PROGRAMS
Offenders identified for the Automated Case Plan Pilot Program will be mandated to participate in the automated needs assessment process. Offenders refusing to participate shall receive assignments in accordance with California Code of Regulations, Section 3043.6.
PILOT PROGRAM LOCATION
The Automated Case Plan Pilot Program will be initiated at the Central California Women's Facility (CCWF) in Chowchilla, California.
This pilot program will remain in effect for a 24-month period from July 2, 2012 through July 1, 2014, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedures Act.
BACKGROUND
Assembly Bill (AB) 900, the Public Safety and Offender Rehabilitation Services Act of 2007 (http://leginfo.legislature.ca.gov/faces/billText Client.xhtml?bill-id=200720080AB900&search-keywords=public+offender+rehabilitation) was enacted to address the serious problem of overcrowding in California's prisons and to reduce recidivism rates by improving rehabilitative outcomes among California's offenders. The expert panel report to the California State Legislature: A Road Map for Effective Offender Programming in California (http://www.cdcr.ca.gov/Adult-Programs/index.html#expert-panel) released in June 2007, reviewed California's correctional system and the literature on evidence-based practices. The report provided an approach to rehabilitative programming summarized in a diagram called the California Logic Model (http://www.cdcr.ca.gov/DARS/docs/Brochure%20Final%204.18.09.pdf), which identified eight fundamental principles and practices of evidence-based rehabilitative programming.
Assembly Bill 900 requires CDCR to develop an offender treatment and prison to employment plan. This case plan, which is part of an automated case management system, assures offenders receive the right programs at the right time during incarceration and throughout parole.
On February 14, 2008, CDCR implemented an automated needs assessment tool. At that time, the automated needs assessment was completed by designated program staff at all Reception Centers (RC) with records staff placing the automated needs assessment in the central file. The CCII completed a final review and ensured the automated needs assessment had been placed in the central file prior to transfer review. The Classification Staff Representative considered the needs identified in the automated needs assessment when endorsing an offender with a high need for substance abuse treatment.
In August 2008, CDCR directed the RCs to initiate the administration of the automated needs questionnaire for select offenders. By February 2009, CDCR implemented use of the automated needs assessment instrument for all new commitments and parole violators with a new term. In March 2011, the automated needs assessment expanded to the general population wherein offenders who had not previously received an assessment were required to have one completed at the annual classification review. In addition, classification staff were directed to consider the offender's automated needs assessment results when making decisions relative to program placement and transfers. It is expected that all counseling staff complete an automated needs assessment on all offenders within the Department at the RC or at the offender's regularly scheduled annual review.
The automated needs assessment tool was designed to assess key risk and needs factors in adult correctional populations and to provide decision support for practitioners charged with case planning and management. The instrument currently being used in CDCR institutions is capable of assessing four types of risk and 26 criminogenic needs. Currently, a version of this tool is used by 206 organizations in 44 states, with nine states, including California, using the instrument state-wide. Each organization uses a slightly different version, as this tool is able to be customized as needed to fit the requirements of each organization.
PROGRAM STRUCTURE
The initial Automated Case Plan Pilot Program will include 500 offenders:
D 250 Case Plan participants at CCWF
D 250 control group participants at California Institution for Women (CIW)
The Pilot Program will monitor each participant for a period of 18 months at which time results shall be compiled by the Office of Offender Services' Assessments Unit in collaboration with the Office of Research.
PROCEDURES
During the implementation of the Automated Case Plan Pilot Program, the CCI shall ensure the identified offenders meet the following criteria for placement in the pilot:
D General Population.
D 12 to 48 months time left to serve.
D No active or potential United States Immigration and Customs Enforcement hold.
D Is not designated as requiring Enhanced Out Patient level of care.
D Is not minimum custody with a gate clearance.
Offenders with all levels of California Static Risk Assessment (CSRA) scores may be eligible to participate.
Classification staff will enter pertinent information into an automated case management system and use that automated system to develop a case plan using a template. The programming portion of the electronic template uses a need-goal-task format that the classification staff will complete based on each offender's needs. This template will include the criminogenic needs scores, and generate goals for each. Subsequently tasks will be outlined for each goal. Each task includes a start date, end date, and expected completion date. Offenders will be placed on appropriate waiting lists based upon their identified needs, time to serve, and program availability. The case plan will not hinder the ability to make modifications to an offender's program, housing or security needs (see attached sample automated case plan).
PROGRAM REVIEW
After initial placement in the Automated Case Plan Pilot Program, the CCI shall be notified of program progress, completion, or failure, via CDCR Form 128B (Rev. 4/74), General Chrono, or other appropriate documentation through current processes. If a Unit Classification Committee (UCC) action is required based on the documentation, in addition to following the current program assignment process, the CCI shall do the following:
D Update the case plan, as necessary.
D If changes are made to the case plan, a copy shall be provided to the offender.
D If committee action is required, the updated case plan shall be provided for committee review. If the UCC action results in changes to the case plan, the case plan shall be updated accordingly and signed by both the offender and the CCI. A copy shall be provided to the offender and scanned into the Electronic Records Management System.
ANNUAL REVIEW
For participants in the Automated Case Plan Pilot Program, during the offender's scheduled annual review, the case plan shall be reviewed and updated by the CCI. The CCI shall update the case plan with information such as: program advancement and/or completion, disciplinary and behavioral problems, receptiveness and program compatibility issues, and other identified factors affecting program progress. As with current policy, documents that may provide insight about program progress or behavioral problems include, but are not limited to: CDC Form 128-A (Rev. 8/87), Chrono Custodial Counseling, CDC Form 128-B (Rev. 4/74), General Chrono, CDC Form 128-E (Rev. 10/98), Education Progress Report, CDC Form 115 (Rev. 07/88), Rules Violation Report, and CDC Form 101 (Rev. 1/92), Work Supervisor's Report, which are produced by area supervisors.
The Classification Committee members conducting the annual review shall consider the need(s) and goals of each offender; in addition to confirming the accuracy of the offender's placement score, custody designation, program, work and privilege group, and facility placement. The committee shall review and consider the case plan when making program determinations. The Classification Chrono (CDC Form 128-G (10/89)) documenting the committee action shall reference the CSRA, the criminogenic need(s) of the offender, and the automated case plan outlining rehabilitative programming.
The CCI shall continue to utilize the case plan and make modifications as necessary, until the offender is released from prison or the pilot is discontinued.
CLASSIFICATION COMMITTEE RESPONSIBILITIES
Members of the Classification Committee shall be responsible for:
D Placement of identified case plan participants into the Automated Case Plan Pilot Program.
D Evaluating the participants' case plan, case factors, and the offenders' desires in an effort to identify the appropriate rehabilitation program.
STATEMENT AS TO DURATION OF THE PILOT PROGRAM
The Automated Case Plan Pilot Program will remain in effect through July 1, 2014. The CDCR Assessments Unit, in conjunction with the Office of Research, will complete the review and analysis of the Automated Case Plan Pilot Program to determine its effectiveness within the classification process.
/ s / / s /
ELIZABETH SIGGINS KATHLEEN L. DICKINSON
Director (A) Director (A)
Division of Rehabilitative Programs Division of Adult Institutions
Attachments
Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, Penal Code.
cc: Terri McDonald Tanya Rothchild Wendy Burgess
Kelly Harrington Kelly Santoro Debra Santiago
Deloris Paschal Michael Popovich Kathleen Allison
James Knight Tina Bayles Brenda Grealish
Jay Virbel Tim Lockwood Kelly Medina
HISTORY
1. New section (Instructional Memorandum May 21, 2012, Attachments 1-7) filed 7-2-2012; operative 7-2-2012 pursuant to Penal Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal Code section 5058.1(b) (Register 2012, No. 27). Section shall lapse by operation of law on 7-1-2014 pursuant to Penal Code section 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Note • History
State of California Department of Corrections and Rehabilitation
Memorandum INSTRUCTIONAL MEMORANDUM
Date: October 11, 2012
To: Associate Directors, Division of Adult Institutions Wardens
Subject: PILOT PROGRAM FOR SECURITY THREAT GROUP IDENTIFICATION, PREVENTION, AND MANAGEMENT PLAN
PURPOSE
This memorandum announces the implementation of the Security Threat Group (STG) pilot policy which will define staff responsibilities and establish a uniform process for the prevention, identification, interdiction, and management of security threat groups and individual affiliates within the California Department of Corrections and Rehabilitation (CDCR).
The pilot will provide individual accountability of offenders; incorporate additional elements of due process to the validation system; and provide for a Step Down Program (SDP) as an alternative for offenders to demonstrate their commitment and willingness to refrain from STG behavior. CDCR will do this while continuing to manage safe and secure institutions.
The use of this pilot program will afford the Department an opportunity to complete this complex retooling of the current gang management strategy including significant changes to regulations, practices, and institutional culture to ensure success. Changes of this magnitude must be completed thoughtfully, methodically, and deliberately. The changes in this policy will support California's efforts toward establishing a more effective model of managing security threat groups in a prison environment.
A security threat group is defined as any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include planning, organizing, threatening, financing, soliciting or committing unlawful acts of misconduct classified as serious pursuant to the California Code of Regulations (CCR), Title 15, Division 3, Sections 3315. The term security threat group will generally replace the terms prison gang, disruptive group, and/or street gang within the CDCR.
The Department prohibits offenders from creating, promoting, or participating in any STG. Any offender engaging in STG related behavior may be subject to criminal prosecution, in addition to any administrative sanctions imposed as a result of the CDCR's disciplinary process.
The key revisions to the policy and procedure are as follows:
• A new behavior based system, which will serve to enhance the existing intelligence based validation system. The implementation of this process will include an STG behavior based disciplinary matrix, which will provide for additional procedural due process safeguards and a system of individual accountability.
• Recognition that STG affiliate levels of influence and threat are different between members, associates and suspects. STG Associates will no longer be considered for direct administrative placement into a Security Housing Unit (SHU) based only upon their validation to an STG, unless there exists corresponding confirmed disciplinary behavior at the time of the original validation.
• Implementation of an incremental four year STG Step Down Program, which by design will replace the existing six year inactive review process for validated STG affiliates. The SDP will be an individual behavior based program for STG affiliates that will provide graduated housing, enhanced programs, interpersonal interactions, as well as corresponding privilege and personal property enhancements for participating STG affiliates.
• The implementation of a new STG Classification Committee, which will be responsible locally for affirming initial STG validations, evaluating potential new STG behavior subsequent to an affiliate successfully completing the SDP, and evaluating STG behavior for offenders on Dropout-Status.
• Incorporation of a STG prevention program for offenders during the intake process and an orientation process for validated affiliates classified to participate in the SDP.
• Recognition that new STG groups/affiliates and corresponding gang type behavior has emerged within the Department's Sensitive Needs Yard (SNY) population; therefore, providing for certification, validation, and placement of these STG affiliates within the SDP.
• The incorporation of a weight based point value system designed to correspond with the existing three evidence source minimum process, and which continues to maintain a requisite for a direct link to an existing validated member or associate.
Minimizing STG behavior and effectively managing high security housing populations are significant major components of this pilot project and are expected to accomplish 1) uniform certification of gangs and disruptive groups by the Office of Correctional Safety into STGs and identifying those that pose the greatest threat to the safety and security of the prisons and public safety; 2) identification and validation of STG affiliates; 3) provide a SDP for offenders placed in segregated housing for validation and/or STG behavior to afford enhanced program and privilege incentives to promote positive behavior; and 4) debriefing for offenders who choose to disassociate themselves from a STG and STG behavior.
Security Threat Group Definitions (Attachment A) are provided for the terms used in this Instructional Memorandum.
PILOT PROGRAM REQUIREMENTS
The STG Identification, Prevention, and Management Pilot Program is being implemented under the authority granted in Penal Code Sections 5058.1. This pilot program is intended to expand upon the requirements set forth in Penal Code Section 5054, 5058, and 5068 by providing a STG Management Plan which was developed in concert with national best practices and input by subject matter experts from around the country.
PLACEMENT OF OFFENDERS IN THE SECURITY THREAT GROUP PILOT PROGRAM
Inmates identified for the Security Threat Group Pilot Program will be mandated to:
• Have the new validation source criteria and point system applied to their validation process on a prospective basis;
• Attend a hearing with the STG Unit Classification Committee to afford an administrative review and affirmation of the validation package;
• Be placed in the SDP based upon the level of their validation and/or confirmed STG behavior, as outlined in Section 600 of this Instructional Memorandum;
• Participate in and progress through the SDP.
Inmates currently serving an indeterminate SHU term due to their gang validation shall be afforded a Departmental Review Board (DRB) hearing to determine their appropriate placement and/or retention within the SHU/Step Down Program or potential release to general population. The new validation source criteria and point system will not be applied to those inmates who were previously validated; however, the DRB will conduct an assessment of the preceding four years to determine the existence of on-going STG behavior. Based upon their unique status as not having participated in the Step Down Program, these inmates shall be referred to as inactive-monitored status affiliates upon their release from SHU. An inactive-monitored status affiliate shall be provided a copy of a CDCR Form 128-B STG1, Notice of Conditions of Inactive-Monitored Status (Attachment B) for review and signature prior to appearance before the DRB.
PILOT PROGRAM LOCATION
The Security Threat Group Pilot Program will be initiated at all CDCR adult institutions; however, will only have a direct impact on those inmates who continue to engage in STG related behavior or activities. A SDP will be initiated at each of the SHU institutions including Pelican Bay State Prison, California State Prison -- Corcoran, California Correctional Institution, California State Prison -- Sacramento, and California Institution for Women.
This pilot program will remain in effect for a 24-month period from the date it is filed with the Secretary of State, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedure Act.
BACKGROUND
CDCR manages the most violent and sophisticated security threat group members and associates in the nation. California STGs are routinely and consistently connected to major criminal activities in communities, including such crimes as homicides, drug trafficking, prostitution, human trafficking, and extortion. As such, the responsibility and challenges facing CDCR relative to the management of security threat groups are immense.
Security Threat Group problems throughout the country have grown more serious in both the local communities and correctional settings. STGs are largely responsible for criminal activities within the institutions, to include the trafficking of narcotics, committing and/or directing violence against staff and offenders, and directing criminal activity between the correctional institutions and the community.
Prisons are especially vulnerable to internal disruption by STG members and their influence over affiliates who, through their covert operations, violent nature, routinely victimize each other, uninvolved inmates and staff, in addition to creating heavy demands on personnel and fiscal resources.
Efficient and effective STG management within prisons requires a comprehensive management strategy that includes prevention, identification, interdiction, and rehabilitation. CDCR's current strategy, which was initially developed more than 25 years ago, is a crime prevention strategy through suppression. The Department recognized the need to evaluate the current strategy and has developed new approaches to addressing constantly evolving STG trends.
The continuing evolution of our existing intelligence network is essential in identifying and documenting STG activities/behaviors and tracking trends. A sound strategy supported by reliable intelligence will enhance the prison managers' ability to anticipate, prevent, respond to, and control STG problems proactively rather than relying on defensive or reactive means of suppression and intervention.
This policy includes a weighted intelligence based identification tool used to identify members, associates and suspects who are believed to present a clear threat to the safety of staff, inmates, and the security of the institutions. This, in association with documented STG behavior will provide prison managers the necessary information to make decisions regarding the appropriate housing and program needs for the inmate.
These policy changes are based on recommendations made by subject matter experts within the CDCR as well as consideration of strategies and best practices used by both CDCR and other correctional agencies. In addition, a 2007 study entitled, “Security Threat Group Identification and Management,” conducted by the California State University, Sacramento, incorporating ideas generated by five national gang experts who served as consultants to CDCR was also utilized in the development of these policy changes. Documents and related STG information were collected from the Federal Bureau of Prisons and the following States -- Arizona, New Mexico, Colorado, Texas, Connecticut, and New York. As CDCR moved to expand the concepts contained in the 2007 study, a follow-up literature review was conducted in 2011 by the California State University, Sacramento, to identify national studies that evaluated correctional programs, including management and treatment approaches for validated STG members.
These research studies and national reviews of best practices were considered by a combined group of correctional experts in developing this policy for managing STGs in California prisons.
PROGRAM STRUCTURE
The initial Security Threat Group Identification, Prevention, and Management Pilot Program will include approximately 5,000 inmates:
• 3,150 currently validated members and associates assigned to segregated housing
• Approximately 850 inmates who are reviewed for validation on an annual basis
The Pilot Program will monitor each validated STG affiliate to track their behavior within the general population and/or progress and behavior within the SDP. In addition, it will establish a classification committee which will provide additional review and oversight to the validation process.
PROGRAM COMPONENTS
This pilot program involves the following components:
A. Standardized certification process for groups/gangs to be recognized as STG's within the CDCR.
B. Evaluation of offenders for validation utilizing the weighted point system, including the requirements of three independent source items and a direct link, where required.
C. Office of Correctional Safety (OCS) reviewing the validation package and making a recommendation for validation or rejection and the level of validation.
D. The STG Unit Classification Committee reviewing the validation package and making the final decision regarding validation and the level of validation.
E. The Institution Classification Committee (ICC) making the final decision on program and housing needs for validated affiliates.
F. Placement into and progression through the SDP.
G. Validated affiliates will be held individually accountable for STG related behavior or activity as outlined in the STG Disciplinary Matrix.
H. Voluntary participation in the debriefing process.
PROCEDURES
This STG pilot program will feature a phased approach for implementing the changes associated with this project. The components of this policy are divided into sections and described in detail in the Instructional Memorandum.
Section 100: Staff Roles and Responsibilities. Page 6.
Section 200: Certification Process. Page 8.
This section will be implemented immediately upon distribution of this Instructional Memorandum.
Section 300: Prevention. Page 12.
This section will be implemented immediately upon distribution of this Instructional Memorandum.
Section 400: Validation. Page 12.
This section will be implemented in Phase II which is expected to begin December 2012/January 2013.
Section 500: Documentation of STG Involvement and Activity. Page 21.
This section will be implemented in Phase II which is expected to begin December 2012/January 2013.
Section 600: STG Disciplinary Matrix for STG Related Behavior or Activity. Page 21.
This section will be implemented in Phase II which is expected to begin December 2012/January 2013.
Section 700: STG Step Down Program. Page 40.
This section will be implemented immediately upon distribution of this Instructional Memorandum; however, movement
between Security Housing Units for placement into various steps is not anticipated to begin until Phase IV
(approximately Spring/Summer 2013).
Section 800: Validated Inmate on Monitored Status. Page 51.
This section will be implemented in Phase II which is expected to begin December 2012/January 2013.
Section 900: Debriefing. Page 54.
This section will be implemented immediately upon distribution of this Instructional Memorandum.
Section 1000: Renunciation Process for Placement on Sensitive Needs Yards. Page 56.
This section will be implemented immediately upon distribution of this Instructional Memorandum.
Section 1100: Changes to Department Operations Manual (DOM), Chapter 6 -- Adult Classification. Page 56.
Section 1200: Revisions to California Code of Regulations, Title 15. Page 59.
Section 100. Staff Roles and Responsibilities.
Secretary, California Department of Corrections and Rehabilitation:
The Secretary, CDCR will be responsible to approve/deny all formal requests for designation of a group or gang as a STG-I within the CDCR.
Director, Division of Adult Institutions (DAI):
The Director, DAI, in conjunction with the Director, Enterprise Information Services (EIS), and the Chief, OCS, shall ensure departmental compliance with this policy.
Director, Enterprise Information Services (EIS):
The Director, EIS, in coordination with the Chief, OCS, shall have management responsibility for the STG data base system.
Chief, Office of Correctional Safety:
1) The Chief, OCS, in coordination with the Director, DAI, shall ensure departmental compliance with this policy.
2) Supervise and coordinate the CDCR's STG intelligence, identification, validation, and suppression program and coordinate that program with other law enforcement agencies.
3) Management responsibility for Special Service Unit's (SSU) Gang Intelligence Operations section and its STG investigators. STG investigators shall be senior special agents, special agents, Correctional Lieutenants, and Correctional Sergeants assigned to the unit.
4) Select the SSU STG investigators.
5) Management responsibility for meeting the administrative needs of the California Gang Task Force (CGTF).
6) Develop and update policy; and management of the data for the STG data base.
7) Provide oversight of STG certification.
8) Serve as departmental repository for STG intelligence, identification, and certification. Provide oversight, review, and approval for STG validations.
9) Provide training and oversight to Investigative Service Unit (ISU) and STG investigative staff in the application of STG identification and behavior management.
10) In collaboration with DAI, responsible for providing training and certification of STG Committee Chairpersons.
11) Provide essential training to all department personnel in the implementation of this policy.
12) Make recommendations for approval/rejection of validation packages for STG Members and Associates.
Associate Director, High Security Mission:
Ensure compliance with this policy as it relates to SHU operations and programs relative to male inmates.
Associate Director, Female Offender Programs and Services, Special Housing and Contract Beds:
Ensure compliance with this policy as it relates to SHU operations and programs relative to female inmates.
Wardens:
1) Wardens shall have management responsibility for their respective STG Investigators.
2) Each Warden shall ensure a STG Unit Classification Committee is established to review validation packages received from OCS of STG members and associates.
3) Implement and manage local STG classification committee activities and follow-up action.
4) In collaboration with OCS, establish orientation, practices, and processes to prevent or deter STG membership and activities.
5) Each institution shall have a STG investigator. STG investigators shall be Correctional Lieutenants, who shall be designated locally.
6) Wardens shall ensure that STG related incidents, intelligence, and information is referred to the appropriate personnel for review and disposition.
7) Each Warden shall ensure a Classification Committee reviews inmates who are validated STG affiliates participating in the SDP every 180 days for those in steps 1 through 3 and every 90 days for those in step 4. Inmates in step 5 shall be reviewed on an annual basis.
8) In collaboration with OCS, provide training of STG Committee Chairpersons.
Security Threat Group Unit Classification Committee:
1) Review all STG validation packages for accuracy, compliance, and to ensure due process requirements have been met in accordance with this pilot program, DOM, and various California Code of Regulations (CCR) Sections.
2) Review any Drop-out STG affiliate's new disciplinary behavior for appropriate housing or program due to documented nexus to STG behavior noted in the Rule Violation Report or other items of intelligence.
3) Review information/intelligence received from outside law enforcement agencies or which occurred outside CDCR jurisdiction to ensure disciplinary processes or formal documentation were applied, when appropriate.
4) Refer validated STG cases to ICC for placement consideration in the Step Down Program.
5) Respond to STG validation related inmate appeals.
Classification Services Unit (CSU):
1) Evaluate issues related to SHU placement, Classification Staff Representative (CSR) reviews, housing restrictions, etc.
2) Ensure department compliance with regulations managing SHU terms and placement.
3) Provide feedback to DAI and OCS on issues relating to the application of this policy.
4) In collaboration with OCS, provide training of STG Committee Chairpersons.
Security Threat Group Investigator/Lieutenant (formerly known as IGI or ISU Lieutenant):
1) Responsible to identify, track and document STG Members, Associates, and Suspects in accordance with this policy. Identify STG trends and report STG intelligence to the prison management and OCS.
2) STG investigative staff representative shall attend the classification committee for STG members, associates, and suspects, as a subject matter expert.
3) STG Investigators are directly responsible through their chain of command to their respective Wardens and are functionally supervised by the Special Agent in Charge, OCS, and the Senior Special Agent, Gang Intelligence Operations, SSU.
4) In coordination with the Chief, OCS, shall join with task forces comprised of local, State, and federal law enforcement personnel to track, monitor and interdict, within the framework of law, the illicit and unlawful behavior of STGs.
5) Conducts complex STG investigations and documents STG behavior and intelligence in accordance with this policy.
6) Prepare STG validation packages.
7) Maintain the local STG data base system.
8) Ensure that Gang Intelligence Operations is promptly notified of all arrests or incidents involving STG affiliated inmates.
9) Collaborate with the Correctional Counselor II, assigned to the Step Down Program, and other staff to provide updates and clarifications of STG status related to STG affiliates.
Correctional Counselor II (Step Down Program)
1) Serve as expert classification resource for the Step Down Program including participation in STG Unit Classification Committees and Institutional Classification Committees.
2) Complete central file reviews and prepare cases for presentation to the Departmental Review Board.
3) Monitor offender participation in the Step Down Program.
4) Develop Step Down Program schedule and coordinate coverage for facilitators.
5) Act as a Master Trainer in the components of the Step Down Program.
Special Agent-in-Charge (SAC), OCS:
1) Shall have functional supervision of the Senior Special Agent, Gang Intelligence Operations, and STG Investigators (as it relates to validations, debriefings, and STG investigations/intelligence).
2) Shall be apprised of all STG management matters affecting, or having a potential to affect, departmental policy or procedure.
3) Shall be responsible for the preparation of charts, assessments, statistical reports, and other material as required to provide an accurate portrayal of STG activity.
4) Shall disseminate information to departmental and other criminal justice agency managers and STG investigators on a need-to-know basis.
Senior Special Agent, Gang Intelligence Operations, SSU:
1) Shall report directly to the SAC, OCS.
2) Provides supervision of the SSU Gang Intelligence Operations section which includes the SSU STG Investigators (Special Agents), and the Correctional Lieutenants, Sergeants, and support staff of the Gang Intelligence Operations Debriefing Team.
3) Maintains a close working relationship with the Chief, OCS; Chief, Classification Services Unit; and Parole Administrator, regarding STG management matters.
4) Shall be responsible for coordinating requests for STG activity data, training, and investigative assistance received from departmental as well as other criminal justices agencies.
Section 200. Certification Process.
This section describes the standardized certification process for groups/gangs to be recognized as Security Threat Group's within CDCR.
Prison gangs, disruptive groups, and/or street gangs may be reviewed, categorized, and certified as STGs through the OCS. Initial certification shall be based upon the documented severity of the threat to the security of the institution and safety of staff and inmates.
Section 200.1. Security Threat Group Certification Criteria:
The criteria for designation as a Security Threat Group within CDCR may include, but is not limited to, the following:
a) Information from other state departments of corrections, jail or prison facilities, Federal, State, County, or City law enforcement agencies, as to the potential disruptive nature of the group under consideration.
b) Consideration with regard to whether the group meets the definition of a STG consistent with Attachment A of this Instructional Memorandum.
c) History of STG behavior in the community.
d) Evidence that the group presents a potential threat to the security of the institution and safety of staff and offenders.
e) History of threatening behavior to staff or offender safety involving such activities as riots, group disturbances, possession or manufacture of weapons, assault/battery, trafficking of narcotics, extortion and/or coercion of other individuals or groups.
f) Documentation of violent and/or illegal activities which may also include planning, organizing, threatening, financing, soliciting, or committing unlawful acts.
g) Group evolution, structure, formalized procedures or bylaws, and/or membership characteristics.
h) Information concerning group meetings and membership criteria.
i) Chronology of events or other information evidencing a threat to institutional security or safety of staff and offenders through group activities, associations, and potential security alignments.
j) Tattoo and graffiti documentation.
k) Group association evidence, including offender and staff interviews.
l) Available information concerning group philosophy and affiliations.
Section 200.2. Security Threat Group Designation Levels
Security Threat Group-I's will consist of groups, gangs, and/or historically based prison gangs that the CDCR has determined to be the most severe threat to the security of the institutions and communities based on a history and propensity for violence and/or influence over other groups. Based upon their individual threat, clandestine operations, and/or influence over other STG affiliates, inmates who are validated as STG-I members will be placed in the SDP and housed in a SHU based solely upon their validation. Validated STG-I associates will normally remain housed in general population unless confirmed STG behavior or activities, as described in Section 600 of this Instructional Memorandum, are present. If these behaviors or activities are present, the STG-I associate will be considered for placement into the SDP.
Security Threat Group-II's will consist of other groups or gangs such as street gangs or disruptive groups comprised of members and associates who may be determined to be in a subservient role to the more dominant STG-I type groups. Validated STG-II members or associates will remain housed in general population unless two or more confirmed STG behavior or activities, as described in Section 600 of this Instructional Memorandum, are present. If these behaviors or activities are present, the STG-II member or associate will be considered for placement into the SDP. As in existing practice, groups identified as STG-II will not be required to be certified.
Section 200.3. Requests for Certification of a Group
Certification of a group at the STG-I level shall be accomplished as follows:
(a) Institution Staff or Division Staff shall:
1) Prepare a Security Threat Group Certification Worksheet (Attachment C) requesting that a STG Threat Assessment be initiated of the identified group.
2) The worksheet may include, but not be limited to:
A. A history of incidents, behavior, and actions of the group
B. The number of involved offenders at the institution
C. Housing of these offenders -- General Population (GP), Sensitive Needs Yard (SNY), Administrative Segregation Unit (ASU)
D. Description of History and Philosophies (if known)
E. Description of the Ranking Structure
F. Description of Recruitment Methods or Strategies
G. Description of identifying signs and symbols
H. Roster of Members/Associates/Suspects
3) The worksheet shall be signed by the Warden and routed through the Associate Director, DAI, and the Director, DAI, prior to submission to OCS.
4) Attachments to the worksheet shall include copies of all information obtained by the STG Investigator including Crime Incident Reports (including attachments), Program Status Reports, and institutional threat assessments associated with this group.
(b) Office of Correctional Safety:
1) The Chief, OCS, or his/her designee shall assign a Senior Special Agent or Special Agent to complete an official STG threat assessment investigation and position paper.
2) The Senior Special Agent or Special Agent may request all STG Investigators to provide information regarding the identified group including:
A. Confidential Reports/Non-Confidential Reports
B. Information relative to problems associated with the identified group
C. Identification (name/CDCR #), status (validated/not validated), and total numbers associated with the group
3) The assigned agent may contact institutions for assistance with interviews of these offenders
4) The assigned agent may travel to the requesting institution and interview offenders, as deemed necessary
5) The assigned agent may develop/research and document in a threat assessment investigation position paper:
A. The history of the identified group
B. The ranking structure
C. The influential members
D. The Oath (if applicable)
E. The recruitment process
F. Common identifying signs and symbols
G. Codes used by the identified group
H. A roster of members/associates
I. The propensity for violence
J. List of those interviewed including status and location
K. Significant interview information
L. Summary of information received from the STG Investigators
M. Conclusions and Recommendations
6) The Chief, OCS, shall review the STG threat assessment investigation and position paper to determine whether the group should be recommended to the Secretary, CDCR, for certification as STG-I under any of the following conditions:
A. Serious STG activity within the CDCR or in any other correctional system operated at the City, State, or Federal level or contract facility.
B. Propensity for violence and/or crimes involving possession of weapons or weapon-making material, or other contraband related to violent acts or drug sales.
C. Evidence of inciting or conspiring to incite mass or ongoing disturbances.
D. Committing or threatening violent acts at the direction of and for the benefit of the gang.
E. Absent a documented history of violence, the group possesses the unique resources, training, skills, documents stating intent, or other evidence that presents a clear potential to threaten the safe and secure operation of the Department, its institutions and public safety.
F. Any evidence of current or developing leadership structure.
7) Once approved by the Chief, OCS, a STG threat assessment memorandum will be prepared. A copy of the threat assessment memorandum shall be shared with the Director, DAI prior to routing. The original threat assessment memorandum shall be routed to the Secretary, CDCR, for review and approval/disapproval.
8) The Secretary, CDCR, or designee will notify, in writing, the Chief, OCS, that a group has been certified as a STG-I. The Chief, OCS, will then notify, in writing, all DAI Wardens and STG Investigators that a group has been certified as a STG-I and that a Security Threat Group Administrative Directive (Attachment D) has been issued. The STG Administrative Directive will be transmitted as an Administrative Bulletin under the guidelines of the DOM, Article 6 Policy Directives.
A. If the request is not supported by the Secretary, CDCR, OCS shall prepare a memorandum to the requesting institution/division notifying them of the decision of the Secretary.
Section 200.4. Request for Recognition of a Group as a STG-II:
(a) Institution Staff or Division Staff shall:
1) Prepare a memorandum to the Chief, OCS requesting that a group be recognized as a STG-II.
2) The memorandum may include, but not be limited to:
A. A history of incidents, behavior, and actions of the group
B. The number of involved offenders at the institution
C. Housing of these offenders -- GP, SNY, ASU
D. Description of identifying signs and symbols
3) The memorandum shall be signed by the Warden and routed through the Associate Director, DAI, and the Director, DAI, prior to submission to OCS.
(b) Office of Correctional Safety:
1) The Chief, OCS, shall assign a Senior Special Agent or Special Agent to review the request received from the institution.
2) The assigned agent may research the information received from the institution including:
A. The ranking structure
B. The influential members
C. The Oath (if applicable)
D. Common identifying signs and symbols
E. Codes used by the identified group
F. A roster of members/associates
G. The propensity for violence
3) The Chief, OCS, shall review all information and determine whether the group should be recognized by the CDCR as a STG-II.
4) Once approved by the Chief, OCS, a STG-II Recognition memorandum will be prepared by the assigned agent and distributed to all DAI Wardens and STG Investigators.
5) The group will be added to the STG database.
6) If the request is not supported by the Chief, OCS, the assigned agent shall prepare a memorandum to the requesting institution/division notifying them of the decision.
Section 300. Prevention.
(a) Advisement of Expectations:
Every inmate will be served a CDCR Form 2260, Advisement of Expectations (Attachment E), during their initial prison orientation. The advisement will outline the CDCR's STG policy, to include consequences of STG involvement, as well as support for those desiring to abandon the STG lifestyle. The advisement shall be provided to each inmate upon arrival at a Reception Center and the inmate will be required to sign noting receipt of the document.
(b) STG Diversion Video:
A comprehensive STG diversion video will be made available for viewing during the inmate orientation process and periodically thereafter. Additionally, associated literature will be available to inmates as a prevention/diversion effort. Department/Institution managers shall be responsible to ensure the video and literature is made available to the existing inmate population. CDCR will incorporate innovative programming, which may include but not be limited to, violence prevention, anger management, self help, and diversion programs to provide inmates with alternatives to participating in STG behavior.
(c) STG Intervention and Diversion Programs:
STG diversion programs are an important component of a STG management strategy. CDCR will incorporate innovative programming, which may include but not be limited to, violence prevention, anger management, self help, and diversion programs to assist inmates in assimilating into a non-segregated housing setting.
Section 400. Validation.
Validation is done to ensure that STG affiliate identifications are in compliance with departmental regulations. The validation process is a strategy for identifying and documenting STG members, associates, or suspects, which are defined as follows:
Member: Any offender who, based on documented evidence, has been accepted into membership by a STG. STG members will be identified by the STG Investigator through the validation process and reviewed by OCS. This identification requires at least three independent source items with a combined value of 10 points or greater coupled with information/activity indicative of being a member. Validation of an offender as a member of a STG-I shall also require that at least one source item be a direct link to a current or former validated member or associate of the STG, or to an offender or any person who is validated by the Department within six months of the established or estimated date of activity identified in the evidence considered.
Associate: Any offender who, based on documented evidence, is involved periodically or regularly with the members or associates of a STG. STG associates will be identified by the STG Investigator through the validation process and reviewed by OCS. This identification requires at least three independent source items with a combined value of 10 points or greater coupled with information/activity indicative of an associate. Validation of an offender as an associate of a STG-I shall also require that at least one source item be a direct link to a current or former validated member or associate of the STG, or to an offender or any person who is validated by the Department within six months of the established or estimated date of activity identified in the evidence considered.
Suspect: Any offender who, based on documented evidence, is suspected of being involved in or assisting a STG in the commission of STG behaviors in violation of CDCR policy. The suspect is tracked by STG Investigative staff pending validation. Suspects have attained two or more points and would not be officially validated but tracked for intelligence purposes.
The validation process delineates the formal objective criteria utilized by an STG Investigator to determine an individual's affiliation with a certified or recognized STG. Each determining factor is weighted in regards to the information establishing a nexus to the STG.
Section 400.1. Validation Source Criteria:
Validation Source Criteria is documented on the STG Pilot Form CDCR 128-B3 STG, Security Threat Group Identification Score Sheet (Attachment F). This document is completed by the STG Investigator.
Multiple sources providing information about a single incident or behavior shall constitute a single source item. One may support the other but will only count as one item toward validation with the others listed as support documents. Source documents must be contained in the central file of the offender being validated. Source documents may contain multiple source items; however, each piece of evidence must qualify as outlined in this Instructional Memorandum.
Symbols (Two Points): Hand signs, distinctive clothing, graffiti, etc., which have been identified by investigators as being used by and distinctive to specific STGs. Staff shall describe the symbol and articulate why they have concluded the symbol is used by and distinctive to a specific STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Association (Three Points): Information related to the offender's association with validated STG affiliates. The association shall be more than a chance encounter or an innocuous association, but rather, an occurrence, pattern or history of encounters that involve STG behavior and/or conducting STG related business. Direct contact with a validated STG affiliate is not necessary to show this association. Staff shall articulate the basis for determining the content or conduct is credible evidence of association with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Informants (Three Points): Documentation of information evidencing STG affiliation from an informant shall indicate the date of the information, whether the information is confidential or non-confidential, and an evaluation of the informant's reliability. Confidential material shall also meet the requirements established in CCR, Title 15, Division 3, Section 3321. Staff shall articulate how the information specifically relates to the offender's involvement with the STG. The information may be used as a source of validation if the informant provides specific knowledge of how he/she knew the offender to be involved with the STG. Multiple confidential sources providing information regarding a single STG related incident or behavior shall constitute one source item. Exclusive reliance on hearsay information provided by informants will not be used for validation purposes or placement in the step down program. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Debriefing Reports (Three Points): Only information referencing specific STG related acts or conduct shall be considered as a source item, when utilizing information from another offender's debriefing. Confidential material obtained from a debriefing report shall also meet the requirements established in CCR, Title 15, Division 3, Section 3321. Multiple sources of information relative to a single STG related act or conduct shall be considered a single source of validation. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Written Materials (Offender identified in written material not in his possession-Two Points; Personal Possession-Four Points): Any material or documents evidencing STG activity such as the membership or enemy lists, constitutions, organizational structures, codes, training material, etc., of specific STGs or addresses, names, identities of validated STG affiliates. Although the item by itself may not evidence STG activity, when considered with other STG activity/behavior, it gives credence to a STG nexus. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Photographs (Four Points): Individual or group photographs with STG connotations such as those which include insignia, symbols, or other validated STG affiliates. The date or age of a photograph shall be reasonably ascertained prior to any photo being relied upon for inclusion as a source item. No photograph shall be considered for validation purposes that are estimated to be older than four years. Any photograph being utilized as a source item that depicts STG members shall require that at least one of the individuals be previously validated by the Department, or validated by the Department within six months of the photograph's established or estimated date or origin. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Staff Information (Four Points): Documentation of staff's visual or audible observations which reasonably indicate STG activity as described in Section 3314(a)(3)(L) and (M), Administrative Rules Violations, STG Contraband and Behavior; or Section 3315(a)(3)(Y) and (Z), Serious Rules Violations, STG Activity or Behavior, as described in Section 1200 of this Instructional Memorandum. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Other Agencies (Four Points): Information evidencing STG affiliation provided by other agencies including, but not limited to, police reports, crime reports, or arrest reports evidencing STG conduct, which have not been submitted, considered, and incorporated within received court documents. Any information from another agency shall be documented by the staff person who receives such information, citing the source and validity of the information. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Visitors (Four Points): Visits from persons or entities that are documented as willfully promoting, furthering or assisting STG affiliates in activities associated with the STG. Staff shall articulate the basis for concluding the relationship between the visitor(s) and offender is STG related in nature or that the visitor(s) and offender engaged in conduct related to the STG. Staff shall articulate the basis for identifying the visitor(s) as associated with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Communications (Four Points): Documentation of telephone conversations, conversations between offenders, mail, notes, greeting cards, or other communication, including coded messages evidencing STG activity. Staff shall articulate why, based on either the explicit or coded content, the communication is reliable evidence of association or membership with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Self Admission (Five Points): Staff shall document information about an offender's verbal, written, or otherwise implied admission and specific involvement with the STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Offenses (Six Points): When circumstances of an offense conclude that the offense was committed for the benefit of, at the direction of, or in association with any STG; such as where the offense is between rival STGs, the victim is verified as a STG affiliate, or the offender's crime partner is a verified STG affiliate. Staff shall articulate the basis for determining an offense to be STG related. Multiple sources of information relative to a single incident or offense will be considered one source of validation. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Tattoos and/or Body Markings (Six Points): Tattoos and/or body markings identified by investigators as being used by and distinctive to a specific STG. Staff shall describe the tattoo and/or body marking and articulate why they concluded the tattoo and/or body marking is used by and distinctive to a specific STG. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Legal Documents (Seven Points): Court transcripts, Probation Officer's reports, or other legal documents evidencing STG conduct. Staff shall document and disclose this information to the offender in a written form that would not jeopardize the safety of any person or the security of the institution.
Section 400.2. Validation Procedure
The validation process is a critical component of curtailing STG behavior. Once an offender has been identified as a STG affiliate and vetted through the validation process, CDCR staff shall track their movement, monitor their conduct, and take interdiction action, as necessary.
The validation procedure shall be completed as follows:
(a) Institution or STG Investigative Staff:
1) Institution or STG Investigative Staff will collect evidence of STG behavior or intelligence documenting that a subject may be involved in STG activities.
2) STG Investigative staff initiate the validation process by reviewing all evidence and intelligence that has been gathered to determine that there is adequate, credible evidence to warrant further action. If so, the following steps will be completed. If not, the subject will continue to be tracked.
3) The STG Lieutenant or designee shall assign a staff member to conduct the investigation.
4) The assigned staff shall thoroughly review the evidence collected for corroboration and accuracy, review the central file including but not limited to CDC 115, Rules Violation Report, CDC Form 837, Crime Incident Reports, CDC Form 128-B, General or Confidential Chronos, conduct a search of the inmates cell/bed area, review visiting records, review housing records, interview witnesses, interview the subject, photograph the subject, contact outside agencies (as appropriate), and any other steps deemed necessary to ensure a complete and thorough investigation is completed.
5) The assigned staff shall prepare the validation package which shall consist of:
A. Form Q, Gang Validation Worksheet--considered investigative materials/not for distribution
B. Form Q-1, Body Markings Diagram--considered investigative materials/not for distribution
C. Form Q-2, Body Markings Photographs--considered investigative materials/not for distribution
D. CDCR Form 128-B STG2 Evidence Disclosure and Interview Notification (Attachment G)
E. CDCR Form 128-B STG3, Security Threat Group Validation Chrono (Attachment H)
F. The STG Investigator shall document in narrative fashion, the inmate's STG affiliation, category of involvement, and specify each original, independent source item of information contained in the central file, which was relied upon to support the conclusion. Each source item shall be specifically listed, including the investigator's explanation of the basis for the source items meeting the criteria set forth in this Instructional Memorandum.
G. CDCR Form 1030STG, Confidential Information Disclosure Form (Attachment I) disclosing each confidential source item in enough detail that the inmate can rebut the information.
H. CDCR Form CDCR 128-B3 STG Security Threat Group Identification Score Sheet
I. Photocopy of each non-confidential source items
6) The assigned staff shall serve a copy of the validation package to the subject. The notice will inform the subject that they will have a minimum of 72 hours to prepare a written response/rebuttal to the information contained in the validation package.
7) The assigned staff shall interview the subject to review the written response/rebuttal and provide the subject with a meaningful opportunity to be heard upon the conclusion of the preparation period, unless the time requirements are waived by the inmate, in writing.
8) The subject's mental health status and/or need for staff assistance shall be evaluated prior to the interview. The duties and functions of a staff member assigned to assist an inmate in the source items interview will be the same as set forth in CCR, Title 15, Section 3318. The reason for the decision will be included in the written document.
9) The interview shall be documented and include a record of the subject's position on each of the source items used in the validation. The assigned staff shall record this information, via CDCR Form 128-B STG3, STG Validation Chrono, and provide a copy to the subject within 14 calendar days and prior to submission of the validation package to the OCS.
10) The validation package, along with the subject's written rebuttal and staff's CDCR Form 128-B STG3, STG Validation Chrono, outlining the subject's interview, shall be forwarded to the Senior Special Agent, SSU, or designee to request review of the validation package.
(b) Office of Correctional Safety:
SSU shall generally perform a quality control review of the formal validation package, upon receipt of all required documents from the institution or region. This review shall be completed by OCS staff at a classification level no lower than Special Agent and will ensure that STG affiliate identifications are in compliance with source information requirements contained within this Instructional Memorandum.
1) A Special Agent shall be assigned to complete the review of the validation package.
2) The assigned agent shall ensure the input of information from the validation package into the STG tracking system.
3) The assigned agent shall thoroughly review the validation package.
4) The assigned agent shall recommend validation or rejection and complete the following:
A. The assigned agent shall prepare a CDCR Form 128-B2, Security Threat Group Validation/Rejection Review (Attachment J), noting the source items that were accepted and those that were rejected.
B. The agent shall note under the “Action of Reviewer” section the recommended STG designation.
C. The assigned agent shall update status of the subject in the tracking system, noting the recommendation that has been made to the institution.
D. The assigned agent shall send the original CDCR Form 128-B2 to the STG Investigator at the originating institution or region.
(c) STG Investigator:
1) The original CDCR Form 128-B2 shall be received by the originating STG investigator.
2) The STG Investigator or designee shall review the CDCR Form 128-B2 noting the evaluation and recommendations of OCS.
3) If incorrect information is contained on the CDCR Form 128-B2, the document must be returned to OCS for correction. Institution staff shall not make corrections, changes, or amendments to the CDCR Form 128-B2.
4) The STG Lieutenant or designee shall instruct staff to issue a copy of the CDCR Form 128-B2 to the identified subject, provide a copy to the captain of the facility where the inmate is assigned, and forward the original CDCR Form 128-B2 to the Classification and Parole Representative (C&PR) for placement into the central file.
5) The STG Investigator or appropriate lieutenant shall, as necessary, prepare a CDC Form 114-D, Administrative Segregation Unit Placement Notice. STG-I associates or any STG-II affiliate shall normally not be placed in the Administrative Segregation Unit (ASU). Consideration for placement into ASU will be based upon demonstrated STG behavior or activity by the inmate which warrants consideration of placement into the Step Down Program in a Security Housing Unit or meets placement criteria as outlined in CCR Section 3335(a).
6) The STG Investigator or appropriate lieutenant shall assign staff to serve the CDC Form 114-D to the subject and facilitate his/her placement into ASU, as appropriate.
(d) Classification and Parole Representative:
1) The original CDCR Form 128-B2 shall be received by the C&PR of the originating institution for inclusion into the subject's central file.
2) The C&PR or designee shall be responsible for ensuring that each central file document identified and submitted as a source item for STG validation is clearly and permanently stamped according to its acceptance or rejection on the CDCR Form 128-B2. If the CDCR Form 128-B2 identifies that the document was accepted as a source item for validation, then the C&PR or designee shall stamp the document with the statement: “This document meets the validation requirements established in CCR 3378.2.” If the CDCR Form 128-B2 identifies that the document was rejected as a source item for validation, then the C&PR or designee shall stamp the document with the statement: “This document does not meet the validation requirements established in CCR 3378.2.”
(e) Captain:
1) Ensure the assigned caseworker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institution's receipt of the finalized CDCR Form 128-B2.
2) Ensure an Investigative Employee is assigned, as appropriate.
(f) Correctional Counselor I:
1) Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee -- Notice of Hearing (Attachment K) to the inmate at least 72 hours prior to the STG Unit Classification Committee.
2) Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the STG Unit Classification Committee.
(g) Security Threat Group Unit Classification Committee is a unit classification committee responsible to review STG validation packages, after submission by the local STG Investigator and evaluation by OCS. The STG Committee will establish validation status (validated or rejected) and assign the level of the validation (e.g., member, associate).
1) The STG Unit Classification Committee shall be convened within 30 days of the institution's receipt of a completed CDCR Form 128-B2, Security Threat Group Validation/Rejection Review.
2) The validation package is reviewed noting the recommendation of OCS.
3) The committee shall determine if the package is complete, if the evidence is appropriate, and if they concur with the recommendation of OCS.
4) The STG committee shall review the Investigative Employee's Report.
5) The STG committee shall seek input from the inmate.
6) If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be rescheduled.
A. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
B. If the issue/concern can not be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
C. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be completed by OCS and issued to the inmate.
D. The resulting CDC Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
7) The committee shall re-convene, as necessary, and determine the appropriate level of STG affiliation, based on the totality of the information, as follows:
A. STG-I Member
B. STG-I Associate
C. STG-II Member
D. STG-II Associate
8) The committee shall make one of the following referrals or determinations:
A. An inmate validated as a STG-I member shall be referred to ICC for transfer and placement recommendation into the SDP.
B. An inmate who is housed in ASU, validated as an STG-I Associate, and has one STG-related Rules Violation Report (RVR) as listed in the STG Disciplinary Matrix (refer to Instructional Memorandum Procedures Section 600.1) and which is also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart that is being used as a validation source item, shall be referred to ICC for transfer consideration to the SDP.
C. An inmate who is housed in ASU, validated as an STG-II Member or Associate, and has two STG-related RVRs as listed in the STG Disciplinary Matrix and which are also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart, shall be referred to ICC for program review and consideration of placement in the SDP.
D. An inmate who is housed in ASU pending validation, whose validation is rejected, and who does not have documented STG behavior or whose behavior is determined to be non-STG related, shall be scheduled for ICC for release to appropriate general population housing.
E. An inmate who is housed in general population, validated as a STG-I Associate or any STG-II affiliate and who does not have documented STG behavior, may not require referral to ICC and may be retained in appropriate general population housing.
F. An inmate who is housed in general population, whose validation is rejected, and who does not have documented STG behavior, shall not require referral to ICC.
9) The committee chairperson shall verbally inform the inmate of the decision of the committee.
10) The committee chairperson shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
11) The Committee Recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Validation) (Attachment L).
12) The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G1, upon approval/signature by the Chairperson and the finalized CDCR Form 128-B2.
13) The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
(h) Institution Classification Committee:
1) The committee shall review the CDCR Form 128-B2 STG, Security Threat Group Validation/Rejection Review and the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Validation).
2) The committee shall assess a determinate SHU term for any inmate found guilty in a disciplinary hearing of an offense listed in CCR, Section 3341.5(c)(9), with one of the following dispositions:
A. The ICC has discretion to assess and suspend any determinate SHU term to facilitate the inmate's placement in the SDP, as may be appropriate.
B. When the ICC elects to assess and impose a determinate SHU term, the inmate, whenever possible, shall not be housed within the SDP portion of the SHU.
C. Updated segregation reasoning must be provided in a new CDC Form 114-D, when the reasons for segregation changes.
3) The committee will review the inmate's housing needs, as follows:
A. STG-I Member:
i. Requires placement in the Step Down Program at a SHU.
B. STG-I Associate:
i. If the validation source items include a documented STG behavior or activity as listed in the STG Disciplinary Matrix and which is also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart -- requires referral for transfer to the SDP and endorsement by the CSR.
ii. If the validation source items do not meet the designated behavioral criteria for SDP placement -- Release to general population unless the placement score or case factors have changed and the inmate requires further housing consideration.
C. STG-II Member or Associate:
i. If the validation source items include two occurrences of documented STG behavior or activity as listed in the STG Disciplinary Matrix which is also identified in CCR Section 3341.5 SHU Term Assessment Chart -- requires referral for transfer to the SDP and endorsement by the CSR.
ii. If the validation source items do not meet the designated behavioral criteria for SDP placement -- Release to general population unless the placement score or case factors have changed and the inmate requires further housing consideration.
4) The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
5) If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement. The CSR shall ensure segregation notice is appropriate and all source documents supporting the validation are stamped and present in the file.
Inmates who arrive to CDCR with a new commitment and who were previously validated by CDCR while a private citizen shall be referred to the STG Unit Classification Committee. The committee shall affirm or reject the validation, as described in Section 400.2. The inmate shall be referred to ICC for determination of housing based upon the STG designation level assigned, as described in Section 400.2.
Section 400.3. Appeal of Validation
An inmate or parolee must submit his/her validation appeal within 30 calendar days of the STG Unit Classification Committee's final decision. The validation will be considered final upon the STG Unit Classification Committee assigning the validation status and finalizing the CDCR Form 128-B2. Upon the inmate's receipt of the finalized CDCR Form 128-B2, he/she will have 30 calendar days to submit his/her appeal.
Section 500. Documentation STG Involvement and Activity.
The CDCR has a zero tolerance for any STG behavior or activity within its institutions. The STG policy recognizes that STG groups and group-like activity pose a significant risk to the safety of others and the secure orderly operation of its institutions. Every staff member who observes or witnesses STG behavior or activities has the responsibility to document their observations utilizing the identified forms.
1) CDC Form 837, Crime Incident Report which shall be processed in accordance with CCR, Section 3268. A copy of the document shall be routed to the STG Investigator.
2) CDCR Form 115, Rules Violation Report or CDCR Form 128-A, Custodial Counseling Chrono -- which shall be processed in accordance with CCR, Article 5, Inmate Discipline. A copy of the document shall be routed to the STG Investigator.
3) CDCR Form 128-B, General Chrono -- which shall be placed in the inmate's central file with copies being routed to the STG Investigator.
4) Confidential Memorandum or CDCR Form 128-B Confidential Chrono -- which shall be reviewed per CCR 3321(c)(2) for placement into the confidential section of the central file. The original memorandum shall be placed into the central file with a copy being routed to the STG Investigator.
Current STG related behavior or activity is defined as behavior or activity with an identified nexus to the STG that occurred within four years of the current review.
Section 600. STG Disciplinary Matrix for STG Related Behavior or Activity.
The STG policy incorporates a behavior based disciplinary component as a foundation to its preexisting intelligence based system. The STG validation system also incorporates a layered approach of procedural safeguards to affirm appropriate due process in the validation and housing placement of STG affiliates.
Inmates who have been validated as a STG affiliate shall not participate in further STG activity or behavior. The consequences of further confirmed STG behavior are outlined in the STG Disciplinary Matrix. STG behaviors or activities included in the STG Disciplinary Matrix are separated into Administrative Rule Violations and Serious Rule Violations, as identified in Section 1200 of this Instructional Memorandum.
The STG Disciplinary Matrix addresses four categories of impacted affiliates:
1) Validated STG I Associates Initial Placement into the SDP from general population.
2) Validated STG II Members or Associates Initial Placement into the SDP from general population.
3) Validated STG affiliates assigned in the SDP, demonstrating continued STG behavior or activities.
4) Validated STG affiliates on Monitored Status, Inactive Status, Inactive-Monitored Status, or Drop-out Status.
Section 600.1. STG Disciplinary Matrix
The following behaviors and activities qualify as STG behavior, when a nexus has been established between the behavior and an identified STG. The nexus shall be clearly articulated in the specific act, as well as clearly described within the narrative of the associated RVR and Findings of the Senior Hearing Officer/Hearing Officer (SHO/HO).
Section 600.2. Validated Affiliates Housed in the General Population
(a) Validated STG-I Associate
Initial Placement into the Step Down Program shall be based upon a validated STG-I associate being found guilty of STG related behavior, as identified in the STG Disciplinary Matrix, and subsequent to the initial validation, as follows:
• Two Administrative Rules Violation Reports within any 12-month period; or
• One Serious Rules Violation Report
If there is a finding of guilt for STG related behavior in an RVR, the SHO/HO shall review the inmate's Central File to affirm validation and review the related disciplinary history. Inmates confirmed as STG-I associates and meeting RVR behavioral criteria should be processed for placement into ASU, based upon their threat to others, pending ICC review for placement consideration into the Step Down Program. The SHO/HO shall ensure a signed preliminary copy of the completed CDCR Form 115 is routed to the STG Lieutenant.
1) Institution Classification Committee
A. The committee shall review the RVR and determine if it meets the criteria for placement in the SDP.
i. If the behavioral criteria and/or nexus to STG behavior are not clearly identified, the committee shall consider further Chief Disciplinary Officer (CDO) review and/or appropriate general population housing options.
B. The committee shall discuss the inmate's behavior and encourage participation of the inmate.
C. Inmates who are found guilty of a serious rule violation which requires a determinate SHU term, shall be assessed a determinate SHU term in accordance with CCR Section 3341.5(c)(9).
D. ICC may:
i. assess and impose the SHU term and refer the inmate to the CSR for appropriate SHU transfer endorsement;
ii. assess and suspend the SHU term and place the inmate in the SDP, in conjunction with referral to the CSR for transfer endorsement;
iii. upon completion of the determinate SHU term, impose an indeterminate SHU term and referral to the CSR for transfer endorsement.
E. The committee shall determine the inmate's current and future housing needs in accordance with the SDP Placement Option Chart.
F. The committee chairperson shall verbally inform the inmate of the decision of the committee.
G. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
H. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson.
I. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
J. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
(b) Validated STG-II Member or Associate
Initial placement into the Step Down Program shall be based upon a validated STG-II member or associate being found guilty of:
• Two STG-related RVRs as listed in the STG Disciplinary Matrix which are also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart.
If there is a finding of guilt for STG related behavior in two RVRs, the SHO/HO shall review the inmate's Central File to affirm validation and review the related disciplinary history. Inmates validated as STG-II members or associates and meeting RVR behavioral criteria should be processed for placement into ASU, based upon their threat to others, pending ICC review for placement consideration into the Step Down Program. The SHO/HO shall ensure a signed preliminary copy of the completed CDCR Form 115 is routed to the STG Lieutenant.
An inmate who is found guilty of a second STG related, SHUable RVR, but has not completed the validation process, shall have his/her validation package expedited.
1) Institution Classification Committee
A. The committee shall review the RVRs and determine if they meet the criteria for placement in the SDP.
i. If the behavioral criteria and/or nexus to STG behavior are not clearly identified, the committee shall consider further CDO review and/or appropriate general population housing options.
B. The committee shall discuss the behavior and encourage participation of the inmate.
C. Inmates who are found guilty of a second serious rule violation which requires a determinate SHU term, shall be assessed a determinate SHU term in accordance with CCR Section 3341.5(c)(9).
D. ICC may:
i. assess and impose the SHU term and refer the inmate to the CSR for appropriate SHU transfer endorsement;
ii. assess and suspend the SHU term and place the inmate in the SDP, in conjunction with referral to the CSR for transfer endorsement;
iii. upon completion of the second determinate SHU term, impose an indeterminate SHU term and refer for transfer endorsement to the SDP.
E. The committee shall determine the inmate's current and future housing needs in accordance with the SDP Placement Options Chart.
F. The committee chairperson shall verbally inform the inmate of the decision of the committee.
G. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
H. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the chairperson.
I. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
J. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
(c) Drop-out Status Inmates
A STG member or associate, who is validated as a dropout of a STG and released from a SHU, may be removed from the general population or any other placement based upon being found guilty of continued STG related behavior, as identified in the STG Disciplinary Matrix, as follows:
• Two Administrative Rules Violation Reports within any 12-month period; or
• One Serious Rules Violation Report
The STG related behavior must have occurred after the Drop-out Status inmate's release from Transitional Housing Unit (THU). In addition, the behavior or activity must identify the inmate as an active STG member or associate of the same STG with which the inmate was previously validated. If the STG related behavior or activity demonstrates a connection to a different STG, the information may be considered in the validation process and/or the disciplinary process, but shall not be used as the sole basis for placement of the inmate into the SDP.
1) Upon conclusion of the disciplinary process(es), the STG Investigator shall:
A. Be provided a copy of the completed CDCR Form 115, Rules Violation Report(s) and CDC Form 114-D, Administrative Segregation Unit Placement Notice by appropriate facility staff.
B. The STG Investigator shall prepare a CDCR Form 128-B STG2 Security Threat Group Validation Evidence Disclosure and Interview Notification and serve it to the subject. The notice will inform the subject that they will have a minimum of 72 hours to prepare a written response/rebuttal to the information contained in the RVR and the nexus to the STG.
C. The assigned staff shall interview the subject to review the written response/rebuttal and provide the subject with a meaningful opportunity to be heard upon the conclusion of the preparation period, unless the time requirements are waived by the inmate, in writing.
D. The subject's mental health status and/or need for staff assistance shall be evaluated prior to the interview. The duties and functions of a staff member assigned to assist an inmate in the source items interview will be the same as set forth in CCR Section 3318. The reason for the decision will be included in the written document.
E. The interview shall be documented and include a record of the subject's position on the nexus between the RVR and the STG. The assigned staff shall record this information, via CDCR Form 128-B STG3, STG Validation Chrono, and provide a copy to the subject within fourteen (14) calendar days and prior to submission of the documentation to OCS.
F. The CDCR Form 128-B STG3, STG Validation Chrono along with the subject's written rebuttal shall be forwarded to the Senior Special Agent, SSU, or designee.
2) OCS:
A. A special agent shall be assigned to review the CDC Form 128-B STG3.
B. The special agent shall complete a CDCR Form 128-B2 recommending to rescind the inmate's Drop-out status or recommending that the inmate retain his/her current designation.
C. The completed CDCR Form 128-B2 shall be returned to the STG Investigator.
3) STG Investigator:
A. The original CDCR Form 128-B2 shall be received by the originating STG investigator.
B. The STG Investigator or designee shall review the CDCR Form 128-B2 noting the recommendations of OCS.
C. The STG Lieutenant or designee shall instruct staff to issue a copy of the CDCR Form 128-B2 to the identified subject, provide a copy to the captain of the facility where the inmate is assigned, and forward the original CDCR Form 128-B2 to the C&PR for placement into the central file.
4) Captain:
A. Ensure the assigned caseworker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institution's receipt of the finalized CDCR Form 128-B2.
B. Ensure an Investigative Employee is assigned, as appropriate.
5) Correctional Counselor I:
A. Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee -- Notice of Hearing to the inmate at least 72 hours prior to the STG Unit Classification Committee.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the STG Unit Classification Committee.
6) Security Threat Group Unit Classification Committee:
A. The STG Committee shall be convened within 30 days of the institution's receipt of a completed CDCR Form 128-B2.
B. The STG committee shall review the CDC Form 115, Rules Violation Report(s), and discuss the behavior of the inmate encouraging his/her participation.
C. The committee shall review the CDCR Form 128-B2, noting the recommendation of OCS.
D. The committee shall determine if they concur with the recommendation of OCS.
E. If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be rescheduled.
i. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
ii. If the issue/concern can not be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
iii. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be issued.
iv. The resulting CDCR Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
F. The committee shall re-convene, as necessary, and determine the need to rescind the current designation (i.e., drop-out status).
G. The committee shall make a recommendation to ICC regarding the inmate's current and future housing needs (in accordance with the SDP Placement Option Chart), based on the totality of the information.
H. The committee chairperson shall verbally inform the inmate of the decision of the committee.
I. The committee chairperson shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
J. The committee recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Monitored, Inactive, Inactive/Monitored, or Drop-out Status)(Attachment M).
K. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G1, upon approval/signature by the Chairperson and the finalized CDCR Form 128-B2.
L. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
7) Institution Classification Committee:
A. The committee will review the CDCR Form 128-B2 STG, Security Threat Group Validation/Rejection Review and the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Monitored, Inactive, Inactive/Monitored, or Drop-out Status).
B. The committee shall discuss the inmate's behavior and encourage participation of the inmate.
C. Inmates who are found guilty of a serious rule violation which requires a determinate SHU term, shall be assessed a determinate SHU term in accordance with CCR Section 3341.5(c)(9).
D. ICC may:
i. assess and impose the SHU term and refer the inmate to the CSR for appropriate SHU transfer endorsement;
ii. assess and suspend the SHU term and place the inmate in the SDP, in conjunction with referral to the CSR for transfer endorsement;
iii. upon completion of the determinate SHU term, impose an indeterminate SHU term and referral to the CSR for transfer endorsement.
E. The committee will determine the inmate's current and future housing needs in accordance with the SDP Placement Options Chart.
F. The committee chairperson shall verbally inform the inmate of the decision of the committee.
G. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
H. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson.
I. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
J. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
(d) STG Monitored Status Affiliates
For STG affiliates who previously completed the SDP, re-housing into the SDP shall be based upon a monitored status affiliate being found guilty of STG related behavior.
• Refer to Section 800.2 of this Instructional Memorandum for monitored status affiliates.
(e) Inactive Status or Inactive-Monitored Status Affiliate
An inactive status affiliate is defined as a validated affiliate who was released from SHU prior to implementation of Case by Case Reviews. This inmate was not identified as having been involved in gang related activity for a period of six years, was reviewed by a Departmental Review Board, and released from the SHU.
An inactive-monitored status affiliate is defined as a validated affiliate who was released from SHU concurrent to the implementation of the Step Down Program through a Case by Case Review.
Placement in the SDP shall be based on an inactive status or inactive-monitored status affiliate being involved in either confirmed STG behavior or being found guilty of STG related behavior, as identified in the STG Disciplinary Matrix, as follows:
• Two Administrative Rules Violation Reports within any 12-month period; or
• One Serious Rules Violation Report
Upon conclusion of the disciplinary process(es), facility staff will ensure the Captain of the facility where the inmate is assigned is provided with a copy of the completed CDC Form 115, Rules Violation Report(s).
1) Captain:
A. Direct staff to prepare a CDC Form 114-D, Administrative Segregation Unit Placement Notice, if applicable, and facilitate his/her placement into ASU.
B. Ensure an Investigative Employee is assigned, as appropriate.
C. Ensure the assigned caseworker schedules the inmate's appearance before the ICC.
2) Correctional Counselor I:
A. Direct staff to prepare a CDCR Form 128B-1, Notice of Classification Hearing, to the inmate at least 72 hours prior to ICC.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the ICC.
3) Institution Classification Committee:
A. The committee shall review the RVR and determine if it meets the criteria for placement in the SDP.
i. If the behavioral criteria and/or nexus to STG behavior are not clearly identified, the committee shall consider further CDO review and/or appropriate general population housing options.
B. The committee shall discuss the inmate's behavior and encourage participation of the inmate.
C. Inmates who are found guilty of a serious rule violation which requires a determinate SHU term, shall be assessed a determinate SHU term in accordance with CCR Section 3341.5(c)(9).
D. ICC may:
i. assess and impose the SHU term and refer the inmate to the CSR for appropriate SHU transfer endorsement;
ii. assess and suspend the SHU term and place the inmate in the SDP, in conjunction with referral to the CSR for transfer endorsement;
iii. upon completion of the determinate SHU term, impose an indeterminate SHU term and referral to the CSR for transfer endorsement.
E. The committee shall determine the need to rescind the inmate's current designation (i.e., inactive, inactive-monitored).
F. The committee shall determine the inmate's current and future housing needs (in accordance with the SDP Placement Options Chart), based on the totality of the information.
G. The committee chairperson shall verbally inform the inmate of the decision of the committee.
H. The committee chairperson shall complete the CDCR Form 128-B2 STG Supplement (Attachment N) with the ICC review date and the STG designation that is being assigned.
I. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
J. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the chairperson.
K. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
L. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 STG Supplement and forward to OCS for tracking purposes and input in the STG database.
M. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
Section 600.3. Validated Affiliate with Confirmed STG Behavior Outside the Disciplinary Process
(a) A STG affiliate determined to have confirmed STG behavior or intelligence; information from an outside law enforcement agency; or which occurred outside the jurisdiction of the department or formal disciplinary process shall be documented in a CDCR Form 128-B, General Chrono (confidential chrono, if appropriate). The activity or behavior must have occurred within the last four years. Investigators shall establish reliability per CCR Section 3321 when confidential information is used and shall be recorded within the chrono. This confirmed STG behavior or activity shall consist of the following:
• Behavior, activity or intelligence items as identified in Section 600.1 -- Validation Source Criteria totaling at least 10 additional points and identified subsequent to the validation process. This process shall only be utilized if the circumstances cannot otherwise be addressed through the disciplinary process.
Any time a validated inmate engages in behavior that would warrant an RVR, it is the responsibility of the observing staff member to ensure appropriate disciplinary procedures are applied.
Investigative staff shall be responsible to initiate or update a STG Pilot Form 128-B3, STG Identification Worksheet, anytime confirmed STG behavior occurs and cannot be addressed through the disciplinary process.
1) STG Lieutenant or Investigator:
A. The completed CDC Form 128-B, General Chrono, shall be referred by the facility where it was completed to the STG Lieutenant for review to ensure the identified behavior/activities could not have been addressed through the disciplinary process.
i. If the STG Lieutenant determines that the information should have been addressed through the disciplinary process, the CDC Form 128-B shall be returned to the originating facility to initiate the disciplinary process.
B. The STG Lieutenant shall assign staff to prepare a CDCR Form CDCR 128-B3 STG, STG Identification Score Sheet.
C. When a validated inmate receives a total of 10 additional points (subsequent to validation), the STG Lieutenant shall assign staff to prepare a CDCR Form 128-B STG2, Security Threat Group Validation Evidence Disclosure and Interview Notification, and serve it to the subject, along with copies of all non-confidential information or CDCR Form 1030STG, Confidential Information Disclosure Forms. The notice will inform the subject that they will have a minimum of 72 hours to prepare a written response/rebuttal to the information they received.
D. The assigned staff shall interview the subject to review the written response/rebuttal and provide the subject with a meaningful opportunity to be heard upon the conclusion of the preparation period, unless the time requirements are waived by the inmate, in writing.
E. The subject's mental health status and/or need for staff assistance shall be evaluated prior to the interview. The duties and functions of a staff member assigned to assist an inmate in the interview will be the same as set forth in CCR Section 3318. The reason for the decision will be included in the written document.
F. The interview shall be documented and include a record of the subject's position on each item and it's nexus to the STG. The assigned staff shall record this information, via CDCR Form 128-B STG3, STG Validation Chrono, and provide a copy to the subject within fourteen (14) calendar days and prior to submission of the documentation to OCS.
G. The CDCR Form 128-B STG3, STG Validation Chrono along with the subject's written rebuttal shall be forwarded to the Senior Special Agent, SSU, or designee.
2) OCS:
A. A special agent shall be assigned to review the CDC Form 128-B STG3.
B. The special agent shall complete an updated CDCR Form 128-B2 documenting the additional source items that are being recommended for acceptance and those that are being recommended for rejection.
C. The completed CDCR Form 128-B2 shall be returned to the STG Investigator.
3) STG Investigator:
A. The original CDCR Form 128-B2 shall be received by the originating STG investigator.
B. The STG Investigator or designee shall review the CDCR Form 128-B2 noting the evaluation and recommendations of OCS.
C. If incorrect information is contained on the CDCR Form 128-B2, the document must be returned to OCS for correction. Institution staff shall not make corrections, changes, or amendments to the CDCR Form 128-B2.
D. The STG Lieutenant or designee shall instruct staff to issue a copy of the CDCR Form 128-B2 to the identified subject, provide a copy to the captain of the facility where the inmate is assigned, and forward the original CDCR Form 128-B2 to the C&PR for placement into the central file.
4) Captain:
A. Ensure the assigned caseworker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institution's receipt of the CDCR Form 128-B2.
B. Ensure an Investigative Employee is assigned, as appropriate.
5) Correctional Counselor I
A. Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee -- Notice of Hearing to the inmate at least 72 hours prior to the STG Unit Classification Committee.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the STG Unit Classification Committee.
6) Security Threat Group Unit Classification Committee:
A. The STG Committee shall be convened within 30 days of the institution's receipt of an updated CDCR Form 128-B2.
B. The STG committee shall review the package prepared by the STG Investigator and the CDCR Form 128-B2, noting the recommendation of OCS.
C. The STG Committee shall evaluate the reason that STG related activity could not be addressed through the disciplinary process.
i. If the committee determines the information should have been addressed through the disciplinary process, the documentation shall be referred to the STG Investigator or other appropriate lieutenant to review and ensure the appropriate disciplinary action is completed.
ii. If source item(s) would have no bearing on the need for segregation (i.e., source item points remain at 10 or more), the hearing will be continued; or
iii. The hearing will be suspended pending completion of the disciplinary process and returned to the committee chairperson.
D. The STG committee shall reconvene, as necessary, and shall discuss the behavior and/or activities of the inmate and encourage participation from the inmate.
E. The committee shall determine if they concur with the recommendation of OCS.
F. If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be rescheduled.
i. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
ii. If the issue/concern can not be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
iii. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be completed by OCS and issued to the inmate.
iv. The resulting CDCR Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
G. The committee shall re-convene, as necessary, and determine the need to rescind the current designation (i.e., drop-out status).
H. The committee shall make a recommendation to ICC regarding the inmate's current and future housing needs, based on the totality of the information.
I. The committee chairperson shall verbally inform the inmate of the decision of the committee.
J. The committee chairperson shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
K. The Committee Recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Confirmed STG Behavior or Intelligence)(Attachment O) which shall include the basis for the decision which did not result in the issuance of a CDC Form 115, Rules Violation Report (e.g., activity occurred in county jail or activity occurred while offender was not in CDCR custody).
L. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G1, upon approval/signature by the Chairperson and the CDCR Form 128-B2.
M. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
7) Captain:
A. Direct staff to prepare a CDC Form 114-D, Administrative Segregation Unit Placement Notice.
B. Instruct staff to issue the CDC Form 114-D to the identified inmate and facilitate his/her placement into ASU.
8) Institution Classification Committee:
A. The committee will review the CDCR Form 128-B2, Security Threat Group Validation/Rejection Review and the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Confirmed STG Behavior or Intelligence).
B. The committee shall discuss the inmate's behavior and encourage participation of the inmate.
C. The committee shall determine the inmate's current and future housing needs in accordance with the SDP Placement Option Chart.
D. The committee chairperson shall verbally inform the inmate of the decision of the committee.
E. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
F. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson.
G. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
H. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
Section 600.4. Return to CDCR Custody
a) An inmate who previously paroled or was discharged with MAX custody due to pending validation and is returned to CDCR's custody shall be placed in ASU and afforded all procedural safeguards for segregated inmates.
The STG Investigator shall obtain the validation package to determine the status.
1) If the validation process was completed after the inmate's release from custody and the inmate was validated as an STG-I member, the inmate shall be seen by ICC for review of the placement in the Step Down Program.
2) If the validation process was completed after the inmate's release from custody and the inmate was validated as an STG-I associate or STG-II member or associate, the inmate's validation package shall be reviewed by ICC to determine current housing needs (i.e., release to general population, transfer to the SDP based on documented STG related behavior).
3) If the validation process was not completed, the STG Investigator shall update the validation package in compliance with Section 400 of this Instructional Memorandum and submitted to OCS.
b) Return to CDCR Custody with Previous MAX Custody:
A validated STG affiliate who previously paroled or was discharged with MAX custody and is returned to CDCR's custody shall be placed in ASU and afforded all procedural safeguards for segregated inmates. Receiving and Release staff or counseling staff shall notify the STG Investigator of receipt of a previously validated STG affiliate.
1) Institution or STG Investigative Staff:
A. The STG Lieutenant or designee shall assign a staff member to complete an investigation of the inmate's activities since being released from the custody of the CDCR.
B. The assigned staff shall thoroughly review the central file including but not limited to CDC 115, Rules Violation Reports, CDC Form 837, Crime Incident Reports, legal documents, parole/Board of Parole Hearing (BPH) reports, CDC Form 816, Reception Center Readmission Summary, CDC Form 128-B, General or Confidential Chronos, and CDC Form 128-B2, SSU Validation/Rejection Review, conduct a search of the inmates property, photograph the inmate, contact outside law enforcement agencies (when appropriate), and any other steps deemed necessary to ensure a thorough investigation is completed.
C. The assigned staff shall review the circumstances of the commitment offense/parole violation.
D. The assigned staff shall obtain previous housing information from the Strategic Offender Management System (SOMS).
E. The assigned staff shall prepare a memorandum or CDC Form 128-B, General Chrono, to the STG Lieutenant or designee outlining all information that has been discovered through the investigation.
F. The STG Lieutenant shall evaluate the information provided and prepare a CDC Form 128-B requesting an updated CDCR Form 128-B2 from OCS. The package will be forwarded to OCS.
2) Office of Correctional Safety:
A. A special agent shall be assigned to review the CDC Form 128-B.
B. The special agent shall complete a CDCR Form 128-B2 recommending to update the inmate's current designation.
C. The completed CDCR Form 128-B2 shall be returned to the STG Investigator.
3) STG Investigator:
A. The original CDCR Form 128-B2 shall be received by the originating STG investigator.
B. The STG Investigator or designee shall review the CDCR Form 128-B2 noting the recommendations of OCS.
C. If incorrect information is contained on the CDCR Form 128-B2, the document must be returned to OCS for correction. Institution staff shall not make corrections, changes, or amendments to the CDCR Form 128-B2.
D. The STG Lieutenant or designee shall instruct staff to issue a copy of the CDCR Form 128-B2 to the identified subject, provide a copy to the captain of the facility where the inmate is assigned, and forward the original CDCR Form 128-B2 to the Classification and Parole Representative (C&PR) for placement into the central file.
4) Captain:
A. Ensure the assigned caseworker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institution's receipt of the CDCR 128-B2.
B. Ensure an Investigative Employee is assigned, as appropriate.
5) Correctional Counselor I:
A. Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee -- Notification of Hearing, to the inmate at least 72 hours prior to the ICC.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the ICC.
6) Security Threat Group Unit Classification Committee:
A. The STG Unit Classification Committee shall be convened within 30 days of the institution's receipt of a completed CDCR Form 128-B2.
B. The STG committee shall review the information contained in the CDC Form 128B, General Chrono.
C. The STG committee shall discuss the behavior and encourage participation from the inmate.
D. The committee shall review the CDCR Form 128-B2, noting the recommendation of OCS.
E. The committee shall determine if they concur with the recommendation of OCS.
F. If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be rescheduled.
i. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
ii. If the issue/concern can not be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
iii. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be completed by OCS and issued to the inmate.
iv. The resulting CDCR Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
G. The committee shall re-convene, as necessary, and determine the need to rescind the current designation (i.e., drop-out status).
H. The committee shall make a recommendation to ICC regarding the inmate's current and future housing needs (in accordance with the SDP Placement Option Chart), based on the totality of the information.
I. The committee chairperson shall verbally inform the inmate of the decision of the committee.
J. The committee chairperson shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
K. The committee recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Confirmed STG Behavior/Intelligence).
L. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G1, upon approval/signature by the Chairperson and the CDCR Form 128-B2.
M. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
7) Institution Classification Committee:
A. The committee will review the CDCR Form 128-B2 and the CDCR Form 128-G1.
B. The committee shall discuss the information obtained with the inmate and encourage his participation.
C. The committee shall give consideration to the inmate's prior housing in ASU or SHU; placement in the SDP; gang or STG activity while in the community; and circumstances of commitment offense.
D. The committee will discuss the inmate's housing needs as follows:
i. STG-I Member:
• Requires placement in the Step Down Program at a SHU.
ii. STG-I Associate:
• If the validation source items include a documented STG behavior or activity as listed in the STG Disciplinary Matrix and which is also identified in CCR Section 3341.5(c)(9) SHU Term Assessment Chart -- requires referral for transfer to the SDP and endorsement by the CSR.
• If the validation source items do not meet the designated behavioral criteria for SDP placement -- Release to general population unless the placement score or case factors have changed and the inmate requires alternate housing consideration.
iii. STG-II Member or Associate:
• If the validation source items include two occurrences of documented STG behavior or activity as listed in the STG Disciplinary Matrix which is also identified in CCR Section 3341.5 SHU Term Assessment Chart -- requires referral for transfer to the SDP and endorsement by the CSR.
• If the validation source items do not meet the designated behavioral criteria for SDP placement -- Release to general population unless the placement score or case factors have changed and the inmate requires alternate housing consideration.
E. The committee chairperson shall verbally inform the inmate of the decision of the committee.
F. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
G. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson and the CDCR Form 128-B2.
H. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
I. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
J. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
c) Return to CDCR Custody with other than MAX Custody
A validated STG affiliate who previously paroled or was discharged and was designated either inactive or monitored and returns to the custody of the CDCR shall be referred to the STG Investigator.
1) Institution or STG Investigative Staff:
A. The STG Lieutenant or designee shall assign a staff member to complete an investigation of the inmate's activities since being released from the custody of the CDCR.
B. The assigned staff shall thoroughly review the central file including but not limited to CDC 115, Rules Violation Reports, CDC Form 837, Crime Incident Reports, legal documents, parole/BPH reports, CDC Form 816, Reception Center Readmission Summary, CDC Form 128-B, General or Confidential Chronos, and CDC Form 128-B2, SSU Validation/Rejection Review, conduct a search of the inmates property, photograph the inmate, contact outside law enforcement agencies (when appropriate), and any other steps deemed necessary to ensure a thorough investigation is completed.
C. The assigned staff shall review the commitment offense to determine whether the conviction had any connection or nexus to the STG of the inmate's previous validation.
D. The assigned staff shall obtain previous housing information from SOMS.
E. The assigned staff shall prepare a memorandum or a CDC Form 128B, General Chrono, outlining all information that has been discovered through the investigation.
F. The STG Lieutenant shall evaluate the CDC Form 128B, General Chrono, and determine if the information warrants submission to the STG Unit Classification Committee, This decision will be based upon the following:
i. Circumstances of the commitment offense demonstrate continued behavior or activities in support of the STG. Requires notification to OCS and referral to the STG Unit Classification Committee
ii. Activity while in the community and/or the totality of the information gathered demonstrates continued behavior or activities in support of the STG. Requires notification to OCS and referral to the STG Unit Classification Committee
iii. Activity while in the community and/or the totality of the information gathered does not demonstrate continued behavior or activities in support of the STG. Does not require placement in segregated housing or referral to the STG Unit Classification Committee.
G. The STG Lieutenant or designee shall prepare a CDCR Form 128-B STG2, Security Threat Group Validation Evidence Disclosure and Interview Notification, documenting all of the information gathered during the investigation and determined to demonstrate a continued nexus to the STG with which he was previously validated.
H. The STG Investigator or appropriate lieutenant shall, as necessary, prepare a CDC Form 114-D, Administrative Segregation Unit Placement Notice.
I. The STG Investigator or appropriate lieutenant shall assign staff to serve the CDC Form 114-D to the subject and facilitate his/her placement into ASU, as appropriate.
J. The assigned staff shall serve a copy CDC Form 128-B to the subject. The notice will inform the subject that they will have a minimum of 72 hours to prepare a written response/rebuttal to the information provided. The inmate shall be provided with copies of all non-confidential documents and CDCR Form 1030STGs being utilized in this review process.
K. The assigned staff shall interview the subject to review the written response/rebuttal and provide the subject with a meaningful opportunity to be heard upon the conclusion of the preparation period, unless the time requirements are waived by the inmate, in writing.
L. The subject's mental health status and/or need for staff assistance shall be evaluated prior to the interview. The duties and functions of a staff member assigned to assist an inmate in the interview will be the same as set forth in CCR Section 3318. The reason for the decision will be included in the written document.
M. The interview shall be documented and include a record of the subject's position on the evidence relied upon in this action. The assigned staff shall record this information, via CDC Form 128-B, General Chrono and provide a copy to the subject within fourteen (14) calendar days and prior to submission of the information to the OCS.
2) Office of Correctional Safety:
A. A special agent shall be assigned to review the CDC Form 128-B.
B. The special agent shall complete a CDCR Form 128-B2 recommending to rescind the inmate's inactive or monitored status or recommending that the inmate retain his/her current designation.
C. The completed CDCR Form 128-B2 shall be returned to the STG Investigator.
3) STG Investigator:
A. The original CDCR Form 128-B2 shall be received by the originating STG investigator.
B. The STG Investigator or designee shall review the CDCR Form 128-B2 noting the recommendations of OCS.
C. If incorrect information is contained on the CDCR Form 128-B2, the document must be returned to OCS for correction. Institution staff shall not make corrections, changes, or amendments to the CDCR Form 128-B2.
D. The STG Lieutenant or designee shall instruct staff to issue a copy of the CDCR Form 128-B2 to the identified subject and forward the original CDCR Form 128-B2 to the Classification and Parole Representative for placement into the central file.
E. Shall forward a copy of the CDCR form 128-B2 to the captain of the facility where the inmate is housed requesting the inmate be scheduled to appear before the STG Unit Classification Committee.
4) Captain:
A. Ensure the assigned case worker schedules the inmate's appearance before the STG Unit Classification Committee within 30 days of the institution's receipt of the CDCR 128-B2.
B. Ensure an Investigative Employee is assigned, as appropriate.
5) Correctional Counselor I:
A. Prepare and serve the CDCR Form 128-B1 STG, Security Threat Group Unit Classification Committee -- Notice of Hearing to the inmate at least 72 hours prior to the STG Unit Classification Committee.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the STG Unit Classification Committee.
6) Security Threat Group Unit Classification Committee:
A. The STG Unit Classification Committee shall be convened within 30 days of the institution's receipt of a completed CDCR Form 128-B2.
B. The STG committee shall review the information contained in the CDC Form 128B, General Chrono and discuss the inmate's behavior encouraging his/her participation.
C. The committee shall review the CDCR Form 128-B2, noting the recommendation of OCS.
D. The committee shall determine if they concur with the recommendation of OCS.
E. If the committee has a difference of opinion with the recommendation of OCS, the committee chairperson shall suspend the hearing and ask that it be rescheduled.
i. The committee chairperson shall contact the SSU Senior Special Agent to discuss and resolve the issue/concern.
ii. If the issue/concern can not be resolved with the SSU Senior Special Agent, the Committee shall elevate the issue/concern to the Warden and Special Agent in Charge, OCS, for further discussion and a final decision.
iii. If the original recommendation of OCS requires a change based on the above referenced discussion, a new CDCR Form 128-B2 shall be completed by OCS and issued to the inmate.
iv. The resulting CDCR Form 128-G1 shall articulate the issue requiring case conference and the decided resolution.
F. The committee shall re-convene, as necessary, and determine the need to rescind the current designation (i.e., monitored status).
G. The committee shall make a recommendation to ICC regarding the inmate's current and future housing needs (in accordance with the SDP Placement Option Chart), based on the totality of the information.
H. The committee chairperson shall verbally inform the inmate of the decision of the committee.
I. The committee chairperson shall document the STG Unit Classification Committee review date and the STG designation that is being assigned in the area provided on the CDCR Form 128-B2.
J. The committee recorder shall prepare the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Monitored, Inactive, Inactive-Monitored or Drop-out Status).
K. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G1, upon approval/signature by the Chairperson and the CDCR Form 128-B2.
L. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
7) Institution Classification Committee:
A. The committee will review the CDCR Form 128-B2 and the CDCR Form 128-G1.
B. The committee shall discuss the information obtained with the inmate and encourage his participation.
C. The committee shall determine the inmate's current and future housing needs in accordance with the SDP Placement Option Chart.
D. The committee chairperson shall verbally inform the inmate of the decision of the committee.
E. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
F. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson and the CDCR Form 128-B2.
G. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 and forward to OCS for tracking purposes and input in the STG database.
H. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
I. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
Section 600.5. Step Down Program Placement Options
The following chart provides a guideline for placement into and movement within the SDP based on inmate behavior.
The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
This chart will detail the SDP Placement Options associated with the STG Disciplinary Matrix.
Section 700. STG Step Down Program.
The SDP is an incentive based multi-step process for the management of STG affiliates. This program will assign, transition, and monitor inmates who by their behavior have demonstrated the need for CDCR's utilization of special strategies for their management.
The SDP shall normally be completed in five steps and provides a process for inmates engaged in STG behavior or activities to demonstrate their ability to refrain from this type of behavior, preparing them for return to non-segregated housing and eventual release to the community. Progression through the SDP is voluntary.
Participation in each step of the SDP requires the inmate to acknowledge the program expectations and sign a personal contract (Attachments P-S). The contract will outline the goals, expectations for successful completion, and potential consequences for failure to fully participate and complete the step. The contract will further indicate that by signing the document, the inmate does not acknowledge or admit to being an STG affiliate.
Each program step is progressive and it is the responsibility of the inmate to demonstrate they can be released to a less restrictive environment while abstaining from STG behaviors. If the inmate chooses not to progress through any step of the program, the inmate may be returned, by ICC, to a previous step until they demonstrate a desire and appropriate behavior for movement into the next step.
During the initial ICC review of newly arriving inmates into the SDP; the committee shall review the date that the sending facility/institution's ICC imposed the indeterminate SHU term to ensure the inmate is credited for time spent in the designated step while housed at the previous facility.
An inmate electing not to participate and with no continued STG related behavior may choose to stay in Step 2 indefinitely and the required ICC reviews will continue. At any time the inmate may wish to progress/take part in the SDP, they may notify their assigned caseworker who will schedule their appearance before the ICC within 30 days.
Steps 1 and 2 are specifically designated for housing of STG affiliates determined to pose a threat to the safety of staff, inmates, and the public, in addition to security of the prison based upon confirmed intelligence and/or STG behaviors. This housing designation is intended to segregate the most influential STG affiliates and those who represent the greatest threat to others and institutional security. A high level of monitoring is placed on all avenues of communication during these steps.
Steps 1 and 2 will generally be completed at Pelican Bay State Prison and the California Institution for Women (CIW); however, during the pilot phase, Steps 1 and 2 may be completed at any SHU facility. These steps are designed to be completed in 12 months each, but may be accelerated at the 180 day review, if the ICC determines the inmate has completed all necessary components including remaining free of STG related behavior, completed required program components, participated in elective programming, and demonstrated a sincere desire to participate.
Staff assigned in the SDP, including housing staff, counseling staff, education staff and facilitators, shall complete CDCR Form 2261 (10/12) Step Down Program Progress Notes (Attachment T) documenting the inmate's participation level. These documents will be used by the ICC to assist in determining an inmate's movement between steps.
During Steps 1 and 2, the program will include education and/or program assessments such as TABE testing and COMPAS assessments with cognitive skill based programming. Programming will generally be completed in cell and all offender movement outside the cell shall be in restraints. Operational details associated with Steps 1 and 2 are described in Section 700.4.
Steps 3 & 4 are specifically designated for housing of STG affiliates who have successfully completed steps 1 and 2. This housing designation is intended to begin reintegration with other SDP inmates, by offering program and privilege incentives within a controlled setting and monitoring of program progress.
Step 3 will generally be completed at California Correctional Institution (CCI), California State Prison, Corcoran (COR), California State Prison, Sacramento (SAC) or CIW; however, during the pilot phase, Step 3 may be completed at any SHU facility. Step 3 is 12 months in duration and the program will include educational and cognitive behavior components such as anger management, parenting, substance abuse, and violence prevention programs. Programming will be completed in cell or in individual treatment modules. Movement may be in restraints and meals will be consumed in the cell. Operational details associated with Step 3 are described in Section 700.4.
Step 4 will generally be completed at CCI, COR, SAC, or CIW; however, during the pilot phase, Step 4 may be completed at any SHU facility. Step 4 is 12 months in duration and the program will include education, cognitive behavior changing components, violence prevention programs, 12-step self help programs, and gang diversion programs. Programming will be completed in individual treatment modules and small groups within the housing unit or program areas.
Offender movement may be un-restrained and meals may be consumed in small groups in the housing unit. Yard time will be with their cell mate during the first six months and with diverse affiliations after the initial six months of the step. Operational details associated with Step 4 are described in Section 700.4.
Section 700.1. STG Behavior or Activity in the Step Down Program:
Failure to maintain acceptable behavior and/or refrain from STG behavior or activities while in the SDP may result in the loss of privileges and/or regression to a previous step, inclusive of return to Step 1 from any subsequent step. Refer to the SDP Placement Options Chart for a guideline on movement within the SDP.
(a) STG affiliates found guilty of continued STG behavior, while in the Step Down Program, shall be scheduled to appear before ICC for a program review.
1) Institution Classification Committee:
A. ICC shall be convened within 30 days of completion of the disciplinary process.
B. ICC shall discuss the inmate's behavior and encourage participation of the inmate.
C. ICC shall discuss retention in current step, regression to beginning of the current step, regression to a prior step and/or reduction in privilege levels.
D. the committee shall assess a determinate SHU term for an inmate found guilty in a disciplinary hearing of an offense listed in CCR, Section 3341.5(c)(9), with one of the following dispositions:
i. The ICC has discretion to assess and suspend any determinate SHU term to facilitate the inmate's retention in the SDP, as may be appropriate.
ii. When the ICC elects to assess and impose a determinate SHU term, the inmate, whenever possible, shall not be housed within the SDP portion of the SHU.
iii. Updated segregation reasoning must be provided in a new CDC Form 114-D, when the reasons for segregation change.
E. The committee shall make a decision on the inmate's appropriate placement within the SDP, in accordance with the SDP Placement Options Chart, or temporary removal from the program to complete a determinate SHU term.
F. The chairperson shall verbally inform the inmate of the decision of the committee.
G. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson.
H. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
Section 700.2. Step Down Program Components
(a) It is the intent of the Department to develop and implement the Step Down Program through a phase-in approach. Steps 1 and 2 are primarily intended as periods of observation. Components for Step 3 will continue to be enhanced. Components for Step 4 will be developed during the pilot phase of the implementation.
Self-Directed Journals for Step 3 will provide 12 months of journals focused on helping high-risk inmates live a life free of criminal activity, violence, and drug use. These journals will help develop a system of values and strategies that lead to responsible thinking and behavior. Also, this series addresses the needs of the inmates working to successfully reintegrate into a less restrictive housing environment.
Personal reinforcement check sheets have been developed that will be used by the inmate to monitor weekly/monthly program participation and progress. In addition, Individual Change Plans will be initially completed by the inmate after 6 months in the SDP. The Individual Change Plan will provide the inmate with a personal assessment of his/her overall program progress and will be completed at six month intervals. These documents will be submitted to the Correctional Counselor II and may be used by the ICC to assist in determining an inmate's movement between steps.
The Self-Directed Journals will include the following themes:
• The Con Game explores how the “con game” may be at the core of an individual's fault beliefs and behaviors. The Con Game guides individuals toward self-responsibility and positive life change.
• Values guides inmates through an evaluation of the criminal values that have influenced their lives and help them weigh the consequences of living a life based on criminal values versus responsible values.
• Thinking Errors encourages inmates to examine eight basic thinking errors that lead to criminal behavior. This journal stresses the importance of changing the way people think as the key to challenging their feelings and behavior.
• Self Control explores the connection between criminal behavior and self-control. Inmates consider the consequences of a lack of self-control and explore strategies for handling difficult emotions.
• Peer Relationships addresses risks related to criminal peers. Participants consider their past and present peer relationships, learn the differences between healthy and unhealthy relationships, practice handling social peer pressure and learn how to build a positive support network.
• Violence Prevention explores the inmates' relationship with violence and learns how to break the cycle of violence. Inmates explore the role violence has played in their lives, learn about physical as well as emotional violence and may practice strategies to break the cycle of violence.
• Core Skills can help inmates build a foundation for a healthier life by learning and practicing these skills. This journal offers inmates an organized structure to explore various core skills including effective communication, handling risky situations, and making responsible decisions.
• Social Values identifies the inmates' values, where they came from, and the impact on themselves and others. The development of positive life values and roadblocks to incorporating healthy values are explored.
• Responsible Thinking/Healthy Personality addresses risks related to a criminal personality. Participants examine whether their thinking is objective and accurate. Errors in thinking are explored along with what is involved in changing habits.
• Family Ties evaluate current family relationships and the role they play within their families. Strategies are explored and an action plan is created to rebuild family ties. A section on parental roles and responsibilities is included.
• Substance Abuse addresses risks related to substance abuse. Inmates reflect on their current use of alcohol and/or other drugs. They weigh the costs and rewards of making changes to their substance abuse behaviors and learn strategies to keep them on the path of recovery.
• Victim Awareness helps inmates begin to consider the idea of taking personal responsibility for their criminal behavior. They look at the ripple effect of their behavior on themselves, their victims, their victims' families, their families, and their communities and consider ways to make amends for the harm they caused.
• Orientation assists the inmate in answering the question, “Why am I here?” and gets them started on the path to positive life change.
• Rational Thinking helps inmates learn how thoughts influence their beliefs, feelings, and actions and how to counter negative self-talk.
• Criminal Lifestyles assists inmates considering how criminal behavior develops from thinking and choices.
• Violence Prevention will explore the inmates' relationship with violence and learn to break the cycle of violence.
• Communication Skills focuses on using effective communication skills for building relationships and controlling anger.
• Lifestyle Balance evaluates whether or not their lives are in balance and teaches skills for making positive adjustments.
• Transition evaluates whether their expectations about the future are realistic and explores three key transition issues.
• Reviewing my Drug Use examines their drug use history and explores the damaging consequences of drug use.
• Recovery Maintenance focuses on maintaining positive change. Inmates consider strategies to exit from the relapse process.
Step 4 will include an integrated, cognitive behavior change program that will include cognitive restructuring, social skills development, and development of problem solving skills. This program will be designed for small groups and is an option to address the cognitive, social, and emotional needs of the inmate population.
(b) Alternative Programming Education Model:
Each institution with a SDP may provide participating inmates access to education through either the Voluntary Education Program (VEP) Model or the Alternative Programming (AP) Model. Based on the population needing education programming and the general academic reading levels of the identified inmates, the Principal will determine the most appropriate way to provide education. The Principal has the option of assigning the appropriate education staff on either a full time or partial day assignment depending on the number of inmates needing services and the overall operational need of the institution.
In order to appropriately determine the educational needs of the SDP population, the Principal and/or Testing Coordinator will determine how many of these inmates need a Test of Adult Basic Education (TABE) reading score. Once the number of inmates to be tested has been determined, the Principal will have the Testing Coordinator develop a schedule that meets the institutional security and operational needs.
Inmates participating in the SDP will have access to academic opportunities through either the VEP or AP delivery models. Depending on the operational needs of the institution and the number of inmates participating in the program, the Principal will determine the most effective model for delivering the content. In some circumstances the inmates may be able to access college programs as well. This will be determined first by the inmate's ability to pay for the course work and then by operational need of the institution. Operational considerations are not only for security reasons but for proctoring procedures and the overall number of inmates requesting to participate per period of enrollment.
(c) Self-Help Program Electives
The below noted programs are currently under consideration for inmates participating in the Step Down Program. Some of these programs will be offered in Steps 1 and 2. Inmates should be encouraged to seek out these program components and participate on a voluntary basis, as this voluntary participation will be considered as personal initiative during review by the ICC.
• Criminal and Gangs Anonymous (CGA) -- A 12-Step based program of recovery for criminals and gang members. The program was developed by an inmate at Mule Creek State Prison in the 1990s, and family members established the community based organization which has assisted over seven institutions and countless recovering criminal/gang members in both the prison system and on the street. This program is run at several mainline facilities in a group format with fellow inmates who have been trained as facilitators. Each meeting is guided with the use of a facilitator's handbook, and includes readings, prayer, open discussion, and personal testimony.
• Purpose Driven Life -- A faith-based program offering self-reflection and a spiritual redirection. This program was originally introduced in the Sierra Conservation Center, and is typically run in a support group style with a sponsor facilitating. Based on the book “A Purpose Driven Life” by Rick Warren, the program can be modified to utilize an in-cell format using the paperback version and a self-directed DVD breaking down the book into a six week program. Each of the six sessions focuses on a different spiritual aspect and a printable workbook is provided to reinforce the teachings.
• Modified Alternatives to Violence Project (AVP) -- This volunteer facilitated program teaches how to deal with anger in a positive manner. Participants engage in interpersonal exercises in a classroom setting designed to change previous patterns of violent behavior. Participants are provided with course material which is donated by AVP.
Section 700.3. Step Down Program Privileges:
Participation in the SDP affords STG affiliates the opportunity to refrain from STG behavior/activities, effectively interact with others, and earn enhanced privileges consistent with their ability to reintegrate into a general population setting. STG affiliates participating in the SDP will be placed in privilege group S1 through S4, commensurate with their assigned step of the SDP.
Privilege levels will be based on the following:
Section 700.4. Step Down Program Operational Components
Operational Components of the Step Down Program are as follows:
Section 700.5. Step 4
During the last 6 months of an inmate's time in Step 4, the assigned caseworker shall begin efforts to reconcile enemy concerns and update the CDCR Form 812STG, Notice of Critical Case Information -- Safety of Persons (Non-Confidential Enemies)(Attachment U) and/or CDC Form 812-C, Notice of Critical Case Information -- Confidential Enemies, as appropriate. These efforts will assist in preparation for the inmate's future potential reintegration into the general population.
During the third 90-day ICC review in Step 4, the STG Investigator shall present a CDC Form 128-B for submittal to OCS. At the conclusion of ICC, the STG Investigator shall forward the CDC Form 128-B to OCS to determine if they have received any information related to the inmate's continued participation in STG related behavior. OCS shall provide any updated information to the institution and the new behavior or confirmed intelligence shall be addressed, as outlined in Section 600. If no new information exists, OCS shall provide the STG Investigator with an updated CDCR Form 128-B2 recommending a change in the inmate's designation or recommending no change in the inmate's designation, due to new information received by OCS.
The inmate shall be scheduled for review by ICC upon completion of the 12 months and receipt of the CDCR Form 128-B2. ICC shall determine successful completion of step 4 based upon the individual inmate's meaningful participation and behavior. ICC shall review the CDCR Form 128-B SDP5, Notice of Conditions of Monitored Status (Attachment V) with the inmate and obtain his signature acknowledging understanding of the expectations.
Upon successful completion of Step 4, a male inmate shall generally be referred to the CSR for endorsement to a Level IV, 180 Design Facility (other than a Behavior Management Unit program) for a 12-month observation period (Step 5), regardless of the inmate's placement score. If a determination is made by ICC, that the inmate does not warrant 180 design housing, the ICC shall refer the case to the Departmental Review Board (DRB) for alternate housing consideration, e.g. Level III/IV 270 design facility.
Upon the successful completion of Step 4 as determined by ICC, a female inmate shall be reviewed by ICC for release to the general population for observation and monitoring.
Section 800. Validated Inmate on Monitored Status.
The SDP transition shall occur during the first 12 months the SDP inmates are assigned to the designated Level IV 180 design Facility, or other facility as approved by the Departmental Review Board, which is considered Step 5 of the SDP, and the inmate's designation is changed to Monitored.
Section 800.1. Orientation in Step 5
Orientation at the designated institution shall include, at a minimum, the following:
• STG Investigator interview
• Unit orientation
• Mandatory Urinary Analysis Testing (initial 12 months)
• Initial Classification to include attendance by the STG Investigator with consideration for program enrollment as identified through departmentally approved assessment tools (i.e., COMPAS, TABE), Education, and STG management needs.
• Establishment of 12-month observation period.
After completion of the 12-month observation period (Step 5) with no documented evidence of continued STG involvement and no later than the next annual review, the inmate shall be seen by Unit Classification Committee (UCC) for consideration of transfer to a facility consistent with his/her placement score and case factors.
Based on the inmate's current placement score, efforts to reconcile enemy concerns, and other case factor assessments, the inmate will normally be considered for transfer to a general population or SNY facility commensurate with their individual case factors, program, and housing needs, where they will continue an indefinite period of monitoring and observation for potential recurrence of STG related behavior or activities.
Below are the monitoring activities that should be conducted on all monitored status affiliates:
• Enhanced cell search occurrences as determined necessary
• Enhanced mail scan
• Enhanced telephone call monitoring
• Periodic STG Investigator interviews
Section 800.2. STG Behavior or Activity by Monitored Status Affiliate
Inmates who have been designated as a monitored status affiliate shall not participate in STG behavior or activity. The consequences of participation in STG behavior are outlined in this Instructional Memorandum including return placement to Step 1 of the SDP for a two year period. Re-housing in the Step Down Program shall be based on either: (a) being found guilty of STG related behavior, as identified on the STG Disciplinary Matrix; or (b) being identified by confirmed intelligence with on-going participation in STG behavior.
(a) The behavioral criteria for a monitored status affiliate to be considered for re-housing in the SDP will consist of the inmate being found guilty of:
• Two Administrative Rules Violation Reports within any 12-month period; or
• One Serious Rules Violation Report
Upon conclusion of the disciplinary process(es), facility staff will ensure the Captain of the facility where the inmate is assigned is provided with a copy of the completed CDC Form 115, Rules Violation Report(s).
1) Captain:
A. Direct staff to prepare a CDC Form 114-D, Administrative Segregation Unit Placement Notice, if applicable, and facilitate the inmate's placement into ASU.
B. Ensure an Investigative Employee is assigned, as appropriate.
C. The Captain shall notify the assigned caseworker to have the offender scheduled for ICC.
2) Correctional Counselor I:
A. Prepare and serve the CDCR Form 128-B1, Notice of Classification Hearing, to the inmate at least 72 hours prior to the ICC, as needed.
B. Ensure the inmate has received copies of all non-confidential documentation and/or CDCR Form 1030STGs that will be reviewed/discussed during the ICC.
3) Institution Classification Committee:
A. The committee shall review the RVR and determine if it meets the criteria for placement in the SDP.
i. If the behavioral criteria and/or nexus to STG behavior are not clearly identified, the committee shall consider further Chief Disciplinary Officer (CDO) review and/or appropriate general population housing options.
B. The committee shall discuss the inmate's behavior and encourage participation of the inmate.
C. Inmates who are found guilty of a serious rule violation which requires a determinate SHU term, shall be assessed a determinate SHU term in accordance with CCR Section 3341.5(c)(9).
D. ICC may:
i. assess and impose the SHU term and refer the inmate to the CSR for appropriate SHU transfer endorsement;
ii. assess and suspend the SHU term and place the inmate in the SDP, in conjunction with referral to the CSR for transfer endorsement;
iii. upon completion of the determinate SHU term, impose an indeterminate SHU term and referral to the CSR for transfer endorsement.
E. The committee shall determine the need to rescind the current designation (i.e., monitored status).
F. The committee shall determine the inmate's current and future housing needs (in accordance with the SDP Placement Option Chart), based on the totality of the information.
G. The chairperson shall verbally inform the inmate of the decision of the committee.
H. The committee chairperson shall complete the CDCR Form 128-B2 STG Supplement with the ICC review date and the STG designation that is being assigned.
I. The committee recorder shall prepare the CDCR Form 128-G, Classification Chrono.
J. The committee chairperson shall ensure the inmate is provided with a copy of the CDCR Form 128-G, upon approval/signature by the Chairperson.
K. The STG Lieutenant shall receive a copy of the CDCR Form 128-B2 STG Supplement and forward to OCS for tracking purposes and input in the STG database.
L. The date of the ICC's assessment and imposition of an indeterminate SHU term for the SDP shall establish the start date toward the required time in each specified step of the SDP. Applicable privileges, as outlined in this Instructional Memorandum, shall be initiated upon the inmate's arrival at the SHU facility.
M. If a transfer is determined appropriate, the case shall be referred to the CSR for review and endorsement.
(b) A monitored status affiliate determined to have confirmed STG behavior or intelligence; information from an outside law enforcement agency; or which occurred outside the jurisdiction of the department or formal disciplinary process shall be documented in a CDCR Form 128-B, General Chrono (confidential chrono, if appropriate). The activity or behavior must have occurred within the last four years. Investigators shall establish reliability per CCR Section 3321 when confidential information is used and shall be recorded within the chrono. This confirmed STG behavior or activity shall consist of the following:
• Behavior, activity or intelligence items as identified in Section 600.1 -- Validation Source Criteria totaling at least 10 additional points and identified subsequent to the validation process. This process shall only be utilized if the circumstances cannot otherwise be addressed through the disciplinary process.
Any time a validated inmate engages in behavior that would warrant an RVR, it is the responsibility of the observing staff member to ensure appropriate disciplinary procedures are applied.
Refer to section 600.3 of this Instructional Memorandum for the specific process.
Section 900. Debriefing.
Debriefing is the process by which a STG coordinator/investigator determines whether a STG Affiliate (subject) has dropped out of the STG. A subject shall be debriefed only upon his or her request, although staff may ask a subject if he or she wants to debrief.
Debriefing is generally a comprehensive two-phase process, which includes an interview/investigative phase and an observation phase. The purpose of the debriefing interview is to provide staff with information about the STG's structure, activities and affiliates. A debriefing is not for the purpose of acquiring incriminating evidence against the debriefing inmate.
Staff shall articulate how the information contained in the debrief report specifically relates to the inmate's involvement with the STG. The information may be used as a source of validation if the informant provides specific knowledge of how he/she knew the inmate to be involved with the STG, and the information is considered reliable.
Section 900.1. Gang Intelligence Operations, Debriefing Team
The debriefing team is tasked with the responsibility of debriefing validated STG affiliates who desire to disassociate themselves from the STG and discontinue STG activities. The primary objective of the Debriefing Team shall be to debrief validated STG-I members and associates.
Requests from the institutions or parole regions to conduct/complete a debriefing on a validated STG-II shall be directed to the Senior Special Agent, Gang Intelligence Operations. The Senior Special Agent shall review the information provided and make a determination as follows:
If the inmate is assigned to the SDP in the SHU:
• The subject shall be approved to participate in the Debriefing Process and the Debrief Report shall be completed by the Debriefing Team; or
• The subject shall be approved to participate in the Debriefing Process and the Debrief Report shall be completed by STG Investigative staff at the assigned institution.
If the inmate is housed in other than the SDP:
• The subject may be approved to participate in the Debriefing Process and the Debriefing package shall be completed by STG Investigative staff at the assigned institution.
Section 900.2. Debriefing Process
(a) Phase 1:
1) Requires the subject to write a complete history of his/her involvement with the STG and participate in an interview with institutional STG investigative staff. Upon evaluation and acceptance of the written autobiography by the STG investigator, a CDC Form 128-B shall be authored by the STG investigator and forwarded to OCS.
2) Gang Intelligence Operations, OCS, shall review the Debriefing information received from the institution and assign completion of the process to the Debrief Team or institutional STG investigative staff.
3) If assigned to the Debriefing Team, an agent will be assigned to schedule and complete an interview(s) with the subject. If assigned to the institution, a STG investigator will be assigned to schedule and complete an interview(s) with the subject. The information gathered through the written document and the interview(s) shall be thoroughly investigated by the assigned staff and documented on a confidential memorandum entitled “Debrief Report”. The Debrief Report shall contain a statement of reliability, pursuant to CCR, Section 3321. The Debrief Report shall be approved by the Senior Special Agent, Gang Intelligence Operations. When the Debrief Report has been accepted, a CDC Form 128-B is forwarded by OCS to the institution, the subject shall be referred to ICC for consideration of need for placement into Phase 2.
b) Phase 2:
1) Requires completion of an observation phase, of up to 6 months, within the Department's THU Program, as discussed in DOM Section 54058.1. Upon completion of the THU, the STG Investigator will notify OCS. OCS will prepare a CDCR Form 128-B2 and forward to the STG Investigator. The inmate will be referred to ICC for transfer to appropriate housing.
Section 900.3. Handling the Debrief Report
The STG coordinator/investigator shall be responsible for having a copy of the debrief report placed in the confidential section of the central file of the subject (as appropriate per CCR Section 3321(a)(5) (Instructional Memorandum Procedures Section 1200). The current process for the inmate to review his/her debrief report remains unchanged.
Section 900.4. OCS Distribution for Review:
The Senior Special Agent shall route copies of debrief reports to all STG coordinators/investigators for their confidential review. The recipient STG investigators shall not duplicate, distribute, or copy the reports and shall return the reports to the Senior Special Agent by first-class mail for disposal.
Section 900.5. Institution Process:
(a) Upon receipt of a Debrief Report, STG investigative staff will review the report to identify inmates currently housed at their institution. STG behavior or activity by the identified inmate which is documented in the Debrief Report shall be investigated by STG investigative staff or their designee to verify and establish reliability of the information being provided (i.e., corroboration with external law enforcement agency, other debrief reports, other confidential sources, Crime Incident Reports, etc.). Staff shall document the finding of the investigation in a CDC Form 128-B Confidential Chrono or in a Confidential Memorandum. Staff shall prepare a CDCR Form 1030STG, Confidential Information Disclosure Form, as appropriate, documenting as much information as can be disclosed without identifying the source.
STG behavior or activity determined to have occurred within CDCR jurisdiction and within the previous four (4) years shall be reviewed by the STG Lieutenant or an appropriate Lieutenant to determine if the activity/behavior warrants issuance of an administrative or serious Rules Violation Report, as identified in the STG Disciplinary Matrix.
(b) Staff shall prepare a CDCR Form 115, Rules Violation Report, as appropriate, documenting the information as received from the confidential source and any pertinent information gleaned through the investigation. The date of discovery for the RVR shall be the date that sufficient evidence exists to close the investigation and charge the inmate with a rule violation. The inmate will be served copies of the RVR and the Confidential Information Disclosure Form(s). The disciplinary process will proceed as outlined in CCR, Article 5, Inmate Discipline. Dependant upon the STG status/designation of the inmate, the completed CDC Form 115 shall be referred to the STG Committee or ICC for review of the inmate's activities/behavior, as described in Sections 600.2, 600.3, 600.4, 700.1 or 800.2.
(c) STG behavior or activity determined to have occurred outside the jurisdiction of the department or formal disciplinary process shall be documented in a CDCR Form 128-B, General Chrono (confidential chrono, if appropriate). Investigators shall establish reliability per CCR Section 3321 when confidential information is used and shall be recorded within the chrono. The completed CDC Form 128-B shall be referred to the STG Lieutenant for consideration of valication and/or SDP placement.
Section 1000. Renunciation Process for Placement on Sensitive Needs Yards.
The process by which a non-validated inmate affirms and declares their disassociation with past, current, and future Security Threat Group bonds, recognition, participation, and illicit behavior. Within the CDCR, this process is completed using the CDCR Form 128-B STG5, Renunciation of STG Affiliation, Association, and Illicit Behavior (Attachment W).
The renunciation process is a standard prerequisite for non-validated inmates requesting special housing consideration based upon personal safety concerns.
Inmates shall sign the CDCR Form 128-B STG5 prior to approval by ICC and endorsement by the CSR for transfer.
Section 1100. Changes to DOM, Chapter 6 -- Adult Classification.
(a) ARTICLE 1 -- RECEPTION CENTERS
1) Section 61010.11.2 Background Factors is being revised as follows:
Method of Verification Code. Apply the letter code that is most indicative of the STG activity in Box 38. Use the letter code provided. Indications of street gang/disruptive group activity are:
Code A -- Self admission.
Code B -- Tattoos and Symbols. Body markings, hand signs, distinctive clothing, graffiti, etc., which have been identified by STG investigators as being used by and distinctive to specific STGs.
Code C -- Written Material. Any material or documents evidencing STG activity such as the membership or enemy lists, constitutions, organizational structures, codes, training material, etc., of specific STGs or addresses, names, identities of validated STG affiliates.
Code D -- Photographs. Individual or group photographs with STG connotations such as those which include insignia, symbols, or validated STG affiliates.
Code E -- Staff Information. Documentation of staff's visual or audible observations which reasonably indicate STG activity as described in Section 3314(a)(3)(L) and (M), Administrative Rules Violations, STG Contraband and Behavior; or Section 3315(a)(3)(Y) and (Z), Serious Rules Violations, STG Behavior, in accordance with Section 1200 of this Instructional Memorandum.
Code F -- Other agencies. Information evidencing STG affiliation provided by other agencies including, but not limited to, police reports, crime reports, or arrest reports evidencing STG conduct, which have not been submitted, considered, and incorporated within received court documents.
Code G -- Association. Information related to the offender's association with validated STG affiliates. The association shall be more than a chance encounter or an innocuous association, but rather, an occurrence, pattern or history of encounters that involve STG behavior and/or conducting STG related business. Direct contact with a validated STG affiliate is not necessary to show this association.
Code H -- Offenses. The circumstances of an offense evidence STG activity such as an offense being between rival gangs, the victim is a verified STG affiliate, or the inmate's crime partner is a verified STG affiliate.
Code I -- Legal documents. Probation officer's report or court transcripts evidencing STG activity.
Code J -- Communications. Documentation of telephone conversations, conversations between inmates, mail, greeting cards, notes, or other communication, including coded messages evidencing STG activity.
Do not assess points for an inmate's housing preference as may be noted on the CDCR Form 1882, Initial Housing Review. Housing preference alone is not indicative of STG/disruptive group activity.
2) Section 61010.11.7 CSR Action
Administrative Determinants are being modified. The GAN code is being replaced with:
STG. Security Threat Group. Documentation establishes that the inmate's STG level designation may require special attention or placement consideration.
New administrative determinates are being implemented as follows:
MONitored. Documentation establishes that the inmate's monitored status reflects completion of the SDP and requires special attention or placement considerations.
IMO. Inactive Monitored. Documentation establishes that the inmate was released from SHU prior to the implementation of the SDP and requires special attention or placement considerations.
(b) ARTICLE 2 -- CASE CONSIDERATIONS
1) Section 61020.3 CDCR Form 812, 812-A, 812-B, and 812-C
Section 61020.3. and all other references to CDC Forms 812-A and 812-B are being removed as it has been determined these forms are obsolete and staff will no longer be required to complete them. Existing forms in the central file should not be removed at this time.
CDCR Form 812 has been modified and is attached as Attachment U.
2) Section 61020.6 Prison Gang Information Documentation on CDC Form 812-A, Notice of Critical Information-Prison Gang Identification
Section 61020.6. is being eliminated in its entirety.
3) Section 61020.19.9 CSR Action
Administrative Determinants are being modified. The GAN code is being replaced with:
STG. Security Threat Group. Documentation establishes that the inmate's STG level designation may require special attention or placement consideration.
New administrative determinates are being implemented as follows:
MONitored. Documentation establishes that the inmate's monitored status reflects completion of the SDP and requires special attention or placement considerations.
IMO. Inactive Monitored. Documentation establishes that the inmate was released from SHU prior to the implementation of the SDP and requires special attention or placement considerations.
4) Section 61020.20.8 CSR Action
Administrative Determinants are being modified. The GAN code is being replaced with:
STG. Security Threat Group. Documentation establishes that the inmate's STG level designation may require special attention or placement consideration.
New administrative determinates are being implemented as follows:
MONitored. Documentation establishes that the inmate's monitored status reflects completion of the SDP and requires special attention or placement considerations.
IMO. Inactive Monitored. Documentation establishes that the inmate was released from SHU prior to the implementation of the SDP and requires special attention or placement considerations.
(c) ARTICLE 5 -- CLASSIFICATION PROCESS
1) 62010.8.6 Security Threat Group Unit Classification Committee
Section 62010.8.6 is a new section that is being added to establish a new classification committee. The language in this section will be as follows:
Each institution shall establish a STG Unit Classification Committee to provide a due process review of STG validations. This committee will review other actions related to intelligence information, discipline and housing or program placement of validated STG affiliates.
A. Composition
STG unit classification committees shall consist of:
• Captain (Chairperson)
• Correctional Counselor II (Recorder)
• Correctional Counselor I
B. Functions
i. STG Unit Classification Committees shall:
• Review all STG validation packages for accuracy, compliance, and to ensure due process requirements have been met in accordance with this pilot program, DOM, and various CCR Sections.
• Review any Drop-out STG affiliate's new disciplinary behavior for appropriate housing or program due to documented nexus to STG behavior noted in the RVR or other source items of intelligence.
• Review information/intelligence received from outside law enforcement agencies or which occurred outside CDCR jurisdiction to ensure disciplinary processes or formal documentation were applied, when appropriate.
• Refer validated STG cases to ICC for placement consideration in the Step Down Program.
• Respond to STG validation related inmate appeals.
ii. Institution Classification Committee shall:
• Review the Validation Package and the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Validation).
• Review the CDCR Form 115, Rules Violation Report regarding STG Related Behavior
• Review the CDCR Form 115, Rules Violation Report and the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Monitored, Inactive, Inactive-Monitored, or Drop-out Status)
• Review the CDCR Form 128-G1, Security Threat Group Unit Classification Committee -- Results of Hearing (Confirmed STG Behavior or Intelligence)
• The committee shall determine an inmate's housing and program needs.
Section 1200. Revisions to California Code of Regulations, Title 15.
Section 3023, Security Threat Group Activity, will be amended to read:
(a) Security Threat Groups jeopardize public safety, as they promote violence, drug trafficking, extortion, and create substantial risks in prisons, jails and local communities. STG management within prisons requires a comprehensive management that includes prevention, interdiction and rehabilitation. It is the policy of CDCR to ensure that its employees and inmates are able to work and live without fear of intimidation, injury, and/or death.
(b) CDCR has zero tolerance for any STG activity or behavior within its institutions. The STG Identification, Prevention, and Management Policy of the CDCR recognizes that STG groups and STG group-like activity pose a significant risk to the safety, security, and orderly operation of its institutions.
(c) Inmates and parolees shall not knowingly promote, further or assist any STG.
(d) For the purpose of specific STG participant identification, the department categorizes STGs into the levels STG-I or STG-II as defined in Attachment A. Participation levels within an STG are further categorized in status as members, associates, suspects, and monitored as defined in Attachment A.
(e) Inmates shall not conspire, attempt, or participate in behavior or activities specifically identified in Section 3314(a)(3)(L) and 3314(a)(3)(M), Administrative Rules Violations, STG Contraband and Behavior; or Section 3315(a)(3)(Y) and 3315(a)(3)(Z) Serious Rules Violations, STG Behavior, as outlined in section 1200 of this Instructional Memorandum.
Section 3043.4 Non-Credit Earning, will be amended to read:
(b) An inmate who is placed in SHU, PSU, or ASU for misconduct described in subsection (c) or upon validation as a STG-I member or associate is ineligible to earn credits pursuant to Penal Code section 2933 or 2933.05 during the time he or she is in the SHU, Psychiatric Services Unit (PSU), or ASU for that misconduct.
Section 3044, Inmate Work Groups, will be amended to read:
(b)(7) Work Group D-2: Lockup Status. Inmates placed in SHU, PSU, or ASU for misconduct described in Penal Code section 2933.6 or upon validation as a STG-I member or associate are ineligible to earn credits during placement in SHU, PSU, or ASU. Inmates placed in SHU, PSU, or ASU due to any other serious disciplinary infraction are ineligible to earn credits for a period not to exceed the number of disciplinary credits forfeited. Zero credit.
(e)(3) Privileges for Privilege Group B are as follows:
(e)(3)(C) Seventy-five percent (75%) of the maximum monthly canteen draw as authorized by the secretary.
(g) Privilege Group D:
(g)(1) Criteria: Any inmate, other than validated STG affiliates participating in the SDP, housed in a special segregation unit, voluntarily or under the provisions of sections 3335-3345 of CCR, Title 15 who is not assigned to either a full-time or half-time assignment.
Section 3314 Administrative Rule Violations, will be amended to read:
(a)(3) Administrative rule violations include but are not limited to:
(a)(3)(L) Security Threat Group Contraband: Possessing or displaying any distinctive materials, symbols, clothing, signs, colors, artwork, photographs, or other paraphernalia associated with any Security Threat Group.
(a)(3)(M) Security Threat Group Behavior: Demonstrating or exhibiting any unique behaviors clearly associated with a STG that promotes, furthers or assists any Security Threat Group.
(j) If the hearing official finds the inmate guilty of a rule violation which includes a nexus to a STG, a copy of the completed RVR shall be forwarded to the STG Lieutenant.
Section 3315, Serious Rule Violations, is amended to read:
(a)(3) Serious rule violations include but are not limited to:
(a)(3)(Y) Security Threat Group Directing or Controlling Behavior: Demonstrating activity, behavior or status as a recognized member and/or leader of an STG, which jeopardizes the safety of the public, staff, or other inmate(s), and/or the security and order of the institution.
(a)(3)(Z) Security Threat Group Disruptive or Violent Behavior: Demonstrating involvement in activities or an event associated with a STG, which jeopardizes the safety of the public, staff, or other inmate(s), and/or the security and order of the institution.
(h) If the hearing official finds the inmate guilty of a rule violation which includes a nexus to a STG, a copy of the completed RVR shall be forwarded to the STG Lieutenant.
Section 3321, Confidential Material, is amended to read:
(a) The following types of information shall be classified as confidential:
(a)(5) A STG debrief report, reviewed and approved by the debriefing subject, for placement in the confidential section of the central file.
Section 3323, Disciplinary Credit Forfeiture Schedule, is amended to read:
(b) Division “A-1” offenses; credit forfeiture of 181-360 days.
(b)(10) Behavior or activities defined as a division “A-1” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(c) Division “A-2” offenses; credit forfeiture of 151-180 days.
(c)(10) Behavior or activities defined as a division “A-2” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(d) Division “B” Offenses; credit forfeiture of 121-150 days.
(d)(13) Behavior or activities defined as a division “B” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(e) Division “C” offenses; credit forfeiture of 91-120 days.
(e)(14) Behavior or activities defined as a division “C” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(f) Division “D” offenses; credit forfeiture of 61-90 days.
(f)(16) Acting in a STG Leadership Role displaying behavior to organize and control other offenders.
(f)(17) Behavior or activities defined as a division “D” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(g) Division “E” offenses; credit forfeiture of 31-60 days.
(g)(11) Behavior or activities defined as a division “E” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
(h) Division “F” offenses; credit forfeiture of 0-30 days.
(h)(11) Harassment of another person, group, or entity either directly or indirectly through the use of the mail, telephone, or other means.
(h)(12) Security Threat Group Behavior or Activity.
(A) Recording/documentation of telephone conversation evidencing active STG behavior;
(B) Communication between offenders regarding STG behavior or activities;
(C) Directing Active Participation in STG Roll Call;
(D) Directing Cadence for STG Group Exercise;
(E) Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs, or other items with the intent to intimidate, promote membership, or depict affiliation in a STG.
(F) In possession of self-created or original artwork clearly depicting recognized STG symbols;
(G) In personal possession of STG related written material including membership or enemy list, constitution, organizational structures, codes, training material, etc.;
(H) In personal possession of mail, notes, greeting cards, or other communications including coded messages evidencing active STG behavior.
(h)(13) Behavior or activities defined as a division “F” offense that promotes, furthers, or assists a STG or demonstrates a nexus to the STG.
Section 3341.5, Segregated Program Housing Units, is amended to read:
(c)(2) Length of SHU confinement. Assignment to a SHU may be for an indeterminate or a fixed period of time.
(c)(2)(A) Indeterminate SHU Segregation.
(c)(2)(A)2. Except as provided at section 3335(a), a validated STG-I member, a validated STG-I associate with current STG behavior/activity (in accordance with Section 600 of this Instructional Memorandum), or a validated STG-II member or associate with repetitive STG behavior/activity (in accordance with Section 600 of this Instructional Memorandum), is deemed to be a severe threat to the safety of others or the security of the institution and will be placed in a SHU for an indeterminate term.
Section 3376.1, Departmental Review Board, is amended to read:
(d) Referrals shall be made to the DRB when:
(d)(8) An institution head believes a DRB level decision for placement of an inmate is required to address alternative housing for an inmate who has completed steps 1-4 of the SDP and transfer to a Level IV 180-design institution is not warranted.
Section 3377.2, Criteria for Assignment of Close Custody, is amended to read:
(b) Close Custody Case Factor Criteria:
(b)(5) An inmate assigned to step 5 of the SDP shall be required to undergo a period of observation and be designated by classification committee action as a Close B custody inmate for the entire period of time assigned in step 5 (unless case factors require a more restrictive designation of Close A).
Section 3378. Documentation of Critical Case Information:
In Section 3378, the requirement for completion of the CDC Forms 812-A and 812-B are eliminated.
STATEMENT AS TO DURATION OF THE PILOT PROGRAM
The Security Threat Group Identification, Prevention, and Management Plan Pilot Program will remain in effect for 24 months from the date of filing with the Secretary of State. An on-going evaluation will be completed by DAI/OCS to determine the effectiveness of this program.
Original Signed By: Original Signed By:
KATHLEEN L. DICKINSON ANTHONY CHAUS, Chief
Director Office of Correctional Safety
Division of Adult Institutions
Attachments
cc: Terri McDonald
Ben Rice
Brigid Hanson
Margarita Perez
George Giurbino
NOTE
Authority cited: Penal Code Section 5058.1. Reference: Penal Code Section 5058.1.
HISTORY
1. New section (Instructional Memorandum 10-11-2012, Attachments A-W) filed 10-18-2012; operative 10-18-2012 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2012, No. 42). Section shall lapse by operation of law on 10-18-2014 pursuant to Penal Code 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
ATTACHMENT A
Security Threat Group Definitions
Security Threat Group (STG)
Any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing, threatening, financing, soliciting or committing unlawful acts of misconduct classified as serious pursuant to the California Code of Regulations (CCR), Title 15, Division 3, Section 3315.
Affiliate
Individual offenders identified as members, associates, or monitored who are connected or interact with a certified STG.
Certification
The formal designation of a group or gang as a security threat group based upon a STG Threat Assessment conducted by the Office of Correctional Safety (OCS).
Confirmed STG Behavior
STG behavior which is discovered and confirmed to have occurred. Confirmation can be obtained through two processes; 1) a guilty finding in a STG related Rules Violation Report; and/or 2) any document that clearly describes STG behavior/activities incorporated within the validation or continued STG behavior package; submitted to the OCS for Special Agent assessment and recommendation; and which is affirmed by an STG Unit Classification Committee.
Debriefing
The formal process by which a STG coordinator/investigator determines whether an offender has abandoned STG affiliation and dropped out of the STG. A subject shall only be debriefed upon their request, although staff may ask if he or she wants to debrief.
Dropout
A validated affiliate who is either a STG-I member or associate or an STG-II affiliate who is currently assigned to the Step Down Program, or has completed the Step Down Program, who has abandoned STG affiliation. This identification as a dropout requires the inmate to have cooperated in, and successfully completed the debriefing process.
Gang
Any ongoing formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, planning, organizing, threatening, financing, soliciting or committing unlawful acts of misconduct outside of the California Department of Corrections and Rehabilitation jurisdiction.
Inactive Status Affiliate
A validated affiliate who was released from SHU prior to implementation of the Step Down Program. This inmate was not previously identified as having been involved in gang related activity for a period of six years, was reviewed by a Departmental Review Board and released from the SHU.
Inactive-Monitored Status Affiliate
A validated affiliate who was released from SHU concurrent to the implementation of the Step Down Program through a Case by Case Review.
Prison Gang
Any gang which originated and has its roots within the department or any other prison system. Credit earning for validated prison gang members and associates housed in ASU, SHU, PSU, or BMU as referenced in Penal Code Section 2933.6 shall now apply to inmates validated as STG-I members or associates who are housed in ASU, SHU, PSU, or BMU.
Renunciation
The process in which a non-validated inmate affirms and declares their disassociation with past, current, and future Security Threat Group bonds, recognition, participation, and illicit behavior. The renunciation process is a standard prerequisite for non-validated inmates requesting special housing consideration based upon personal needs or safety concerns.
Security Threat Group I (STG-I)
A term used to identify and prioritize the level of threat the group presents that affects the safety and security of the institution and public safety. STG-I designation will be reserved for STGs that pose the greater of these threats. STG-I designations include, but may not be limited to, traditional prison gangs or similar disruptive groups or gangs that the department has determined to have a history and propensity for violence and/or influence over subservient STGs.
Security Threat Group II (STG-II)
A term used to identify and prioritize the level of threat the group presents that affects the safety and the security of the institution and public safety. The STG-II designation may include, but is not limited to, traditional disruptive groups/street gangs.
Security Threat Group (STG) Administrative Directive
An administrative order, approved by the Secretary (or designee) of the CDCR, declaring a group's threat to the safety of staff, inmates, and the security of the institution based on a documented history of, and future propensity for violence.
Security Threat Group Associate
Any offender who, based on documented evidence, is involved periodically or regularly with the members or associates of a STG. STG associates will be identified by the STG Investigator through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a combined weighted value of 10 points or greater coupled with information/activity indicative of an associate. Validation of an offender as an associate of a STG-I shall also require that at least one (1) source item be a direct link to a current or former validated member or associate of the STG, or to an offender or any person who is validated by the department within six (6) months of the established or estimated date of activity identified in the evidence considered.
Security Threat Group Behavior
Any documented behavior that promotes, furthers, or assists a STG. Conduct of any person that leads to and includes the commission of an unlawful act and/or violation of policy demonstrating a nexus to a STG.
Security Threat Group Committee
A unit classification committee responsible to review STG validation packages, after submission by the local STG Investigator and evaluation by OCS. The STG Committee will establish validation status (e.g., validated, rejected) and assign the level of the validation (e.g., member, associate). In addition, this committee will review other actions related to discipline and housing or program placement of validated STG affiliates.
Security Threat Group Member
Any offender who, based on documented evidence, has been accepted into membership by a STG. STG Members will be identified by the STG Investigator through the validation process and reviewed by OCS. This identification requires at least three (3) independent source items with a combined weighted value of 10 points or greater coupled with information/activity indicative of a Member. Validation of an offender as a Member of a STG-I shall also require that at least one (1) source item be a direct link to a current or former validated member or associate of the STG, or to an offender or any person who is validated by the department within six (6) months of the established or estimated date of activity identified in the evidence considered.
Security Threat Group Monitored
Any inmate who has successfully completed Steps 1-4 in the Step Down Program and has been released from the Security Housing Unit.
Security Threat Group Suspect
Any offender who, based on documented evidence, is suspected of being involved in or assisting a STG in the commission of STG behaviors in violation of CDCR policy. The STG suspect is tracked by STG Investigative staff pending validation. Suspects have attained two or more points and would not be officially validated but tracked for intelligence purposes.
Step Down Program (SDP)
Provides inmates placed in the Security Housing Unit (SHU) due to STG validation and/or documented STG behaviors, with a program which includes increased incentives to promote positive behavior including discontinuing participation in STG activities, with the ultimate goal of release from the SHU.
Step Down Program, Step 1 and 2 SHU
First two of five steps in the step down process, generally accomplished within 12 months for each step, dependent upon compliance with program objectives. A SHU program specifically designated for housing of STG affiliates determined to pose a threat to the safety of staff, inmates, and the public, in addition to security of the prison based upon intelligence and/or confirmed STG behaviors. This housing designation is intended to segregate the most influential inmates and those who represent the greatest threat to others and institutional security. A high level of monitoring is placed on all avenues of communication during these steps.
Step Down Program, Step 3 and 4 SHU
Two of five steps in the step down process with a minimum of 12 months in each step dependent upon successful completion of program requirements. A SHU program specifically designated for housing of STG affiliates who have completed steps 1 and 2 but based upon prior behavior are deemed to pose a continued threat to the safety of staff, inmates, and the public, in addition to security of the prisons. This housing designation is intended to begin reintegration of the STG affiliates by offering program and privilege incentives within a controlled setting and monitoring of program progress.
Step Down Program, Step 5 General Population or SNY Housing
Upon successful completion of all four steps, as determined by Institutional Classification Committee (ICC) and based on individual inmate behavior, the inmate will be referred to the Classification Staff Representative (CSR) for endorsement to a Level IV, 180 design facility (male inmates only) for a 12-month observation period, regardless of the inmate's placement score. After completion of the 12-month observation period with no evidence of continued STG involvement, the inmate may be placed in a facility consistent with their placement score and case factors.
STG Threat Assessment
An official assessment conducted by the OCS for use in the STG certification process. This assessment will specifically identify why a STG, based on documented evidence of violence, threat of violence and/or other serious STG behaviors, poses an immediate clear and present danger to the safety of any person or the security of the prison.
Validation
The formal and objective process for identifying and documenting STG affiliates. Validation is the term used to describe the quality control review of STG identifications and is done to ensure that STG affiliate identifications are in compliance with departmental regulations.
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§3999.14. Urinalysis Testing Pilot Program (DAPO).
Note • History
State of California Department of Corrections and Rehabilitation
Memorandum INSTRUCTIONAL MEMORANDUM
Date: October 16, 2012
To: Regional Parole Administrators
District Administrators, Region II
South Bay District
Central Coast District
Subject: THE DIVISION OF ADULT PAROLE OPERATIONS PILOT PROGRAM FOR THE URINALYSIS TESTING PROGRAM
The purpose of this instructional memorandum is to announce the California Department of Corrections and Rehabilitation (CDCR), Division of Adult Parole Operations (DAPO) pilot program for the Urinalysis (UA) Testing Program. The purpose of UA testing (previously referred to as Anti-Narcotic Testing) is to detect the presence of prohibited substances used by parolees and respond to positive tests with sanctions and/or interventions.
The UA Testing Program has been developed in the continued effort to improve procedures by incorporating best practices that promote effective supervision strategies. The UA Testing Program provides parolees with opportunities for long-term recovery from addiction, assists in their reintegration back into the community, and increases public safety by reducing drug use and holding individuals accountable for their actions.
The UA Testing Program introduces a new collection process requiring a higher degree of tracking and staff accountability and will be evaluated to determine if the new tracking processes improve the integrity of the UA chain of custody. Additionally, the pilot program will be evaluated to determine the merits and feasibility of immediate intervention utilizing the Instant Test component as outlined in the following procedures.
Pilot Program Locations
The pilot program for the UA Testing Program will be implemented in four parole units in Region II. The pilot locations include Santa Cruz, Salinas 1 & 2, and San Luis Obispo parole units. All parolees assigned to the parole units designated as the pilot program locations shall be subject to participation in the UA Testing Program.
Pilot Program Structure and Training
Prior to implementation of the UA Pilot Testing Program, locked UA sample storage containers will be placed within each parole unit. Facilitated training will be provided to all staff at each pilot location and will introduce two new tracking forms. Staff will receive training on the utilization of the Instant Test to facilitate intervention through the placement of sanctions on the parolee. In addition, the facilitators will meet with the Parole Agent III, Unit Supervisor (US) and Parole Agent II (Supervisor) for discussion relevant to their roles and responsibilities for the case review/audit component.
Pilot Program Policy
All parolees and Civil Addicts may be subject to UA testing for prohibited substances, pursuant to the California Code of Regulations, Title 15, Section 3504. All confirmed positive UA test results must be addressed by intervention and/or sanctions to promote positive lifestyle change.
The frequency in which UA testing is administered shall be determined by the supervision specifications, and/or any imposed special conditions of parole set by the US or the Board of Parole Hearings (BPH). The UA test is conducted by obtaining a random, unscheduled urine sample from the parolee.
Parolees with a narcotic-related conviction within five years of incarceration for their current offense, or who have a history of alcohol or substance abuse, may have a special condition of parole imposed requiring UA testing at the direction of the PA. Upon US approval, the special condition of parole to participate in UA Testing shall be stated in the parole plan and documented on the CDCR Form 1515 Addendum (Rev. 12/10), Special Conditions of Parole. If reasonable belief exists that a prohibited substance was recently used, the CDCR Form 1515 Addendum is not required for the PA to order the parolee to provide a UA sample.
The Drug Awareness Recognition Technique of identifying and/or drawing upon a conclusion that a parolee may be under the influence of a controlled substance is not authorized by DAPO.
Urinalysis Collection Procedure
Prior to collecting the urine sample, the PA shall inquire of the parolee whether the parolee is taking any prescription or over-the-counter medications which may result in a positive UA test result. The PA shall document the parolee's response to the inquiry on the CDCR Form 1650-D (Rev. 06/12), Record of Supervision only when the parolee declares that he or she is taking prescription medication. If the parolee admits to taking prescription medication, and/or the PA suspects that the type of medication may indicate a positive UA test result for a prohibited substance, the PA shall instruct the parolee to provide proof of the current and valid prescription. This information shall be documented on the CDCR Form 1502 (Rev. 10/06), Activity Report, and a copy shall be placed in the parolee's Field File. This activity shall also be documented on the CDCR Form 1650-D.
The UA sample shall be taken under direct observation of the PA when possible, where he or she can clearly observe the flow of urine into the sample test kit. During the collection of the UA sample, staff shall adhere to the following:
S Check the restroom for contraband and conduct a visual search of the parolee's person prior to administering the test.
S Conduct a pat down search when necessary, only when safe to do so.
S Prohibit the parolee from taking anything other than the test kit into the restroom, and note the temperature and color of the sample immediately following the test.
S In the event that direct observation is not possible, further steps may be taken to reduce the chance of manipulation; e.g., no running water or flushing the toilet.
S The parole staff obtaining the sample from the parolee is responsible for documentation and placement of the sample into the locked UA sample storage container as outlined in this memorandum.
Staff shall adhere to the following procedures when collecting, packaging, and shipping UA samples to the laboratory as described in this instructional memorandum.
The UA samples being sent to the laboratory for confirmation must include the security labels provided by the contracted laboratory, and must be completed by the PA who collected the urinalysis sample. The PA must clearly indicate the type of UA tests to be completed. The label shall include the following:
S The date the sample was obtained.
S The parolee's CDC number.
S The parole unit's identification or billing number.
S The name or initials of the PA who collected the UA sample.
S The security seal to be placed on the sample bottle.
Instant Test Kit
Collection of the UA test sample shall first be obtained by utilizing the instant test kit. A positive or negative test result shall determine the next course of action.
In the event of a negative result, the PA shall have the parolee discard the sample in the toilet, and discard the test kit in a trash receptacle. No further lab confirmation is required. The negative test result shall be recorded on the CDCR Form 2249 (06/12), Urinalysis Sample Control Log (draft attached), and shall also be documented on the CDCR Form 1650-D.
In the event of an undisputed presumptive positive instant test, the PA shall record the test result on the CDCR Form 2249. The PA shall have the parolee discard the sample in the toilet, and discard the test kit in a trash receptacle. No further lab confirmation is required. The PA shall adjudicate the presumptive positive test utilizing swift and certain interventions which may include immediate community drug treatment.
In the event of a disputed positive instant test result, the PA shall have the parolee discard the sample as articulated above. The PA shall obtain a separate sample in the contract laboratory approved specimen bottle. In the event that the PA is unable to obtain a separate second sample on the same day, the PA shall case conference with the US as soon as possible to determine how and when to obtain the second sample. The PA shall process the identification label and instruct the parolee to place the label on the specimen bottle in the PA's presence. The bottle shall be sealed by the parolee and placed into the individual specimen bag. The PA shall record the collection of the sample on the CDCR Form 2249 and secure the sample in accordance to this policy. Upon laboratory confirmation, the positive test result shall be adjudicated according to current policy.
Tracking of Urinalysis Sample and Documentation
The PA shall log every sample received by the parolee as follows:
S Enter the UA test sample on the CDCR Form 2249, to include the parolee's name, parolee's signature, CDC number, PA's initials, collection date and time, and UA test results.
S For undisputed or disputed positive test results requiring laboratory confirmation, the PA shall drop the sample into the locked UA sample storage container as described in this instructional memorandum, and make an indication in the laboratory confirmation box on the CDCR Form 2249 verifying that the sample was sent to the lab.
S Enter the sample collection event, the test result, and the outcome on the CDCR Form 1650-D.
S Submit the CDCR Form 2249 to the US, along with end-of-month reports.
Locked Urinalysis Sample Storage Container
To ensure the integrity of the UA sample is not compromised in temporary storage, staff must maintain security of the UA sample from the point of collection and storage to the subsequent transfer to the contract courier. Each parole unit shall maintain the locked UA sample storage container in a fixed location. This is to be an area where parolees are not allowed unattended access. Only the US or designee shall be granted access to the locked UA sample storage container to retrieve the UA samples for transfer to the courier. The US or designee, shall maintain the storage container key in the parole unit safe.
The UA sample, in the labeled bottle and individually sealed in the bag, shall be secured in the locked UA sample storage container; this shall serve to maintain the chain of custody of the UA sample. The transportation bag shall be maintained inside the locked UA sample storage container until the transportation bag to include the UA samples are transferred to the courier by the US or the US's designee.
For UA tests conducted in the field, the PA shall deposit the collected UA samples into the locked UA sample storage container upon returning to the parole unit, prior to the end of his or her shift but no later than close of business the next business day.
Transfer to Vendor Process
Upon arrival of the laboratory courier, the US or designee shall:
S Unlock the locked UA sample storage container and remove the plastic transportation bag containing the individually packaged UA samples.
S Secure the bag and transfer the sealed bag to the courier.
S Print his or her name and sign the CDCR Form 2250 (06/12), Urinalysis Sample Transfer Log (draft attached).
S Obtain the courier's printed name and signature documenting the date and time of pick-up on the CDCR Form 2250.
S Place a new plastic transportation bag in the locked UA sample storage container and lock the container.
Documentation of Laboratory Test Results
The laboratory responsible for analyzing the UA samples shall provide each parole unit with the test results for all submitted UA samples. Typically, the test results are sent to the parole unit via facsimile. Laboratory test results shall be logged, maintained, and processed by designated staff. A legible copy of each individual test result shall be kept in the parolee's Field File for use at a later date, if needed.
The parole unit support staff shall:
S Maintain one copy of all test results for the parole unit in a central location, accessible to all staff.
S Provide the US with one copy of the test results.
S Verify Agent of Record (AOR) assignment to each parolee with a positive UA test result, and provide that AOR with a copy of the test results of the affected parolee.
The current practice of attaching the pink quarter slip (hereafter referred to as a “pink slip”) titled “Positive Urinalysis Results” shall continue. These slips are used to help readily identify positive test results. Support staff shall affix a pink slip to the positive test result received from the laboratory prior to forwarding the results to the AOR.
The pink slip shall reflect:
S The date of discovery of the positive UA test by the parole unit.
S The AOR's name.
S The parolee's.
S The parolee's/civil addict's CDC number.
Adjudication of a Parole Violation as a Result of Positive Test
In the event of a positive test result, the PA shall case conference the violation with the US or PAII (Supervisor) to determine the appropriate interventions and/or sanctions based on the case factors and available resources. The PA shall document the results on the CDCR Form 1650-D, and complete a CDCR Form 1500 (08/08), Parole Violation Decision Making Instrument, identifying appropriate resources and/or interventions provided based on identified criminogenic needs. The US or AUS must verify that all positive test results have been adjudicated pursuant to current policy and procedures.
Unit Supervisor/Parole Agent II (Supervisor)
The US or PAII (Supervisor) shall ensure the parole unit maintains copies of the CDCR Forms 2249 and 2250 documenting proof of all UA sample collections and transfers.
The US or PAII (Supervisor) shall collect all the CDCR Form 2249s from the PAs at the end of the reporting month utilizing the CDCR Form 2249 during the comprehensive case review process to ensure case supervision specifications were met. The US or AUS shall utilize the Form 2249 to compare the samples listed against the laboratory results if the need arises to verify the samples.
Conclusion and Follow Up
The pilot program shall remain in effect for at least 90 days after certification by the Office of Administrative Law and filing with the Secretary of State. The pilot authority will expire by operation of law two years from the date this pilot was initially filed with the Secretary of State (October 25, 2014), unless this pilot is adopted into regulations pursuant to the Administrative Procedures Act. The DAPO management shall conduct a quality assurance audit every 30 days until the conclusion of the pilot, and will evaluate the effectiveness of the program based on the following factors:
S Reduction of parolee recidivism from decreased substance abuse.
S Increased security of the sample collection process.
S Overall cost savings to the State of California attributed to the use of the Instant Test.
Some or all of the components outlined in this memorandum may be regulatory in nature, may not exist in the current California Code of Regulations (CCR), Title 15, Division 3, and shall be subject to promulgation into the CCR, Title 15, Division 3, according to the Administrative Procedures Act upon the conclusion of the pilot program and subsequent statewide implementation of the UA Testing Program.
If you have any questions or concerns, please contact the Policy and Procedures Unit, DAPO, by e-mail at ParolePolicyandProcedure@cdcr.ca.gov.
Original signed by:
DANIEL P. STONE
Director
Division of Adult Parole Operations
Attachments
NOTE
Authority cited: Section 5058.1, Penal Code. Reference: Sections 3063.2 and 5058.1, Penal Code.
HISTORY
1. New section (Instructional Memorandum implementing Pilot Program for the Urinalysis Testing Program and Forms CDCR 2249 and CDCR 2250) filed 10-25-2012; operative 10-25-2012 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2012, No. 43). Section shall lapse by operation of law on 10-25-2014 pursuant to Penal Code 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
2. Amendment filed 1-15-2013; operative 1-15-2013 pursuant to Penal Code section 5058.1(c). Submitted to OAL for filing with the Secretary of State and printing only pursuant to Penal Code section 5058.1(b) (Register 2013, No. 3). Section shall lapse by operation of law on 10-25-2014 pursuant to Penal Code 5058.1(d) unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
§4000. Statutory Authority. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code.
HISTORY
1. Repealer of Article 1 (Sections 4001-4010) and new Article 1 (Sections 4000-4007, not consecutive) filed 3-13-79; effective thirtieth day thereafter (Register 79, No. 11). For prior history of Chapters 1 and 2, see Registers 78, No. 29; 76, Nos. 2 and 19; and 63, No. 19. Originally published 11-16-45 (Title 15).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Amendment of division heading filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2).
§4001. Interstate Compact. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1300-1308, Welfare and Institutions Code; 11175-11179, Penal Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) If any article, section, subsection, sentence, clause or phrase of these regulations is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the California Department of the Youth Authority, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1712, Welfare and Institutions Code.
HISTORY
1. Editorial correction (Register 80, No. 29).
2. Order of Repeal of initial paragraph and subsections (b)-(e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4002.5. Emergency Situations.
Note • History
(a) The Director may suspend the provisions of these regulations pertaining to time limits and/or non-critical care, services, and procedures in the event of a significant disruption of and/or interference with normal operations, such as natural disasters, riots, escapes, strikes or other work actions, or other emergency situations, as determined by the Director.
(b) Such suspension of regulations shall be only to the extent reasonably necessary to properly cope with the disruption or interference and only for the period of such disruption or interference.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1000 and 1004, Welfare and Institutions Code.
HISTORY
1. New section filed 9-14-79; effective thirtieth day thereafter (Register 79, No. 37).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
The following rules of construction apply to the regulations contained in this division unless otherwise noted:
(a) “Regulation” means rule or regulation.
(b) (Reserved)
(c) (Reserved)
(d) “Shall” is mandatory; “should” is advisory, and “may” is permissive.
(e) The past, present, and future tense may include the others.
(f) The masculine gender includes the feminine gender.
(g) The singular includes the plural.
(h) The listing of criteria to be used in decision making does not prohibit the application of other criteria reasonably related to the decision being made.
(i) The order of listing criteria is not an indication of relative weight or importance.
(j) Computation of Time:
(1) “Day” means a calendar day unless otherwise specified.
(2) “Working day” means a calendar day excluding Saturdays, Sundays, and official state holidays.
(3) Calendar and working days are computed by excluding the first day and including the last day.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1712, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (b) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Words shall have their usual meaning unless the context or a definition clearly indicates a different meaning. For the purpose of the regulations contained in this Division, the following words are defined:
(a) Board. “Board” means the Youthful Offender Parole Board.
(b) Board Representative. “Board Representative” means a case hearing representative who assists the Board in its case hearing functions. “Board Representative” also refers to the administrative representative appointed by the Board.
(c) Chairman. “Chairman” means the Chairman of the Youthful Offender Parole Board.
(d) Department of the Youth Authority. “Department” and “Youth Authority” means the Department of the Youth Authority.
(e) Director. “Director” means the Director of the Department of the Youth Authority.
(f) Expiration Date by Age. “Expiration date by age” means a date fixed generally on a birthdate beyond which Youth Authority jurisdiction may not extend.
(g) Inmate - “Inmate” means a person sentenced to the Department of Corrections and referred to the Youth Authority for housing.
(h) Expiration Date by Offense. “Expiration date by offense” means a date fixed based upon the maximum sentence for an offense an adult could receive if not committed to the Youth Authority, beyond which Youth Authority jurisdiction may not extend.
(i) Juvenile Court Law. “Juvenile Court Law” means Chapter 2 of Division 2 of the Welfare and Institutions Code.
(j) Juvenile Justice System. “Juvenile justice system” means the police, courts, and correctional agencies involved in the processing of minors who may be subject to the jurisdiction of the juvenile courts.
(k) Member. “Member” means a person appointed to the Board by the Governor subject to confirmation by the Senate.
(l) Out-of-Home Placement. “Out-of-home placement” means any foster, multiple placement or contract group home where a parolee has been placed by the Department.
(m) Parole. “Parole” means the conditional release of an offender from a correctional institution to the community.
(n) Parole Agent. “Parole agent” means, unless otherwise specified, an employee or any of his supervisors in the Department who is assigned to supervise juvenile and adult commitments released to the community under the supervision of the Department.
(o) Parolee. “Parolee” means any ward who has been officially released on parole from an institution or camp.
(p) Parole Revocation. “Parole revocation” means an order by the Board to remove a ward from parole status.
(q) P.C. “P.C.” means the California Penal Code.
(r) Probable Cause. “Probable cause” means a state of facts as would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the charges are true.
(s) Regional Administrator. “Regional administrator” means the chief administrator of a parole region.
(t) Superintendent. “Superintendent” means the chief administrator of an institution or camp.
(u) Waiver. “Waiver” means a voluntary, knowing, and intelligent decision by a ward to forego one or more of the rights accorded him.
(v) Ward. “Ward” means a youthful offender who is committed to and under the custody and supervision of the Youth Authority. This definition shall also apply to contract and out-of-state cases for the period of time they remain in custody of the Department.
(w) W & I Code. “W & I Code” means the Welfare and Institutions Code.
(x) Youth Authority Act. “Youth Authority Act” means Chapter 1 of Division 2.5 of the Welfare and Institutions Code.
(y) Youthful Offender Parole Board. “Youthful Offender Parole Board” and “Board” means the Youthful Offender Parole Board.
(z) Youth Authority Jurisdiction. “Youth Authority jurisdiction” means the total period of time (including time on parole) a person committed to the Youth Authority is subject to the control of the Department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1712 and 1731.5(c), Welfare and Institutions Code.
HISTORY
1. Relettering of subsections (i)-(x) to subsections (j)-(y) and new subsection (i) filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Amendment filed 10-14-80; designated effective 11-15-80 (Register 80, No. 42).
3. Editorial correction of subsections (a), (c) and (x) filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
4. Amendment of subsection (g), subsection relettering and amendment of Note filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§4007. Meaning of Words. [Repealed]
History
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Use of Force
Note • History
(a) The California Department of Corrections and Rehabilitation, Division of Juvenile Justice shall operate under this Use of Force Policy that defines staff responsibilities and limitations concerning the use of force (while still allowing discretion in the appropriate application of force).
(b) The policy identifies for staff when and how much force departmental peace officers are trained in regarding the proper use of force. It ensures supervision, monitoring, and evaluation of force deployment. It further ensures discipline is imposed for violations of the Use of Force Policy, procedures, or training.
(c) At no time are staff permitted to use force against a ward for punishment, retaliation, or discipline.
NOTE
Authority cited: Sections 1712 and 1752, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149, 830.5, 835 and 843, Penal Code.
HISTORY
1. New article 2 (sections 4034.0-4034.4) and section filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day. For prior history of article 2, see Register 2006, No. 28.
2. New article 2 (sections 4034.0-4034.4) and section refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
Note • History
(a) Use of Force
Force used by an objective, trained, and competent Correctional Peace Officer, faced with similar facts and circumstances, to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
(b) Reasonable Force
The amount of force that an objective, trained, and competent Correctional Peace Officer, faced with similar facts and circumstances, would consider necessary and reasonable to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
(c) Unnecessary Force
The use of force that an objective, trained, and competent Correctional Peace Officer, faced with similar facts and circumstances, would consider unnecessary to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
(d) Excessive Force
The use of more force than an objective, trained, and competent Correctional Peace Officer, faced with similar facts and circumstances, would use to subdue an attacker, overcome resistance, effect custody, or gain compliance with a lawful order.
(e) Deadly Force
Any use of force that is likely to result in death.
(f) Great Bodily Injury
An injury that creates a substantial risk of death.
(g) Non-Deadly Force
A use of force option, as defined in Section 4034.2, subsection (b), which is greater than verbal persuasion but less than force that is likely to result in death.
NOTE
Authority cited: Sections 1712 and 1752, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149, 830.5, 835 and 843, Penal Code.
HISTORY
1. New section filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, including new subsection (a) and subsection relettering, transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
§4034.2. Use of Force Options.
Note • History
(a) For the purposes of this section, “Use of Force Options” refers to the choices available to an employee when selecting a reasonable force option.
(b) The choices include but are not limited to: dialogue or verbal persuasion, chemical restraint, physical strengths and holds, mechanical restraint, less-lethal weapons and firearms.
(1) For the purposes of this section, “less-lethal weapon” refers to a peace officer's use of departmentally-approved security equipment, which includes weapons used to fire less-lethal projectiles.
(2) For the purposes of this section, a “firearm” refers to a peace officer's use of departmentally-approved firearms, which include weapons used to fire lethal projectiles.
(c) Force shall be used only when reasonably necessary to subdue an attacker, overcome resistance, effect custody, or to gain compliance with a lawful order. It is the policy of the California Department of Corrections and Rehabilitation, Division of Juvenile Justice to accomplish the educational, treatment and supervision functions with minimal reliance on the use of force. Employees may use reasonable force as required in the performance of their duties, but unnecessary or excessive force shall not be used. If staff, at any point, determines the situation can be resolved without any further use of force, staff shall terminate the use of force.
(d) Any employee observing unnecessary or excessive force shall attempt to stop the violation and immediately report it to the Watch Commander verbally and follow up with a written report of their observations prior to leaving the facility.
(e) An employee shall not use any type of force against a ward, including chemical or mechanical restraint as punishment, retaliation, or for disciplinary purposes.
(f) The Division recognizes the sanctity of human life. Therefore, deadly force shall only be used when it is reasonable force and is needed to defend the employee or other persons from the immediate threat of death or great bodily injury.
(g) A firearm shall not be discharged if there is reason to believe that persons other than the intended target will be injured.
NOTE
Authority cited: Sections 1712 and 1752, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149, 830.5, 835 and 843, Penal Code.
HISTORY
1. New section filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
§4034.3. Reporting and Monitoring of Force.
Note • History
(a) Reporting Non-Deadly Force.
(1) An employee who observes non-deadly force shall document that fact by preparing and submitting a Behavior Report form DJJ (YA) 8.403 (Rev. 08/06), incorporated by reference. An employee who uses non-deadly force shall document that fact by preparing and submitting a Behavior Report form DJJ (YA) 8.403 (Rev. 08/06) and a Use of Force form DJJ (YA) 8.412 (Rev. 08/06), incorporated by reference. The forms shall identify any witnesses to the incident and describe the circumstances giving rise to the use of force, and the nature and extent of the force used. The employee shall provide the form or forms to his or her on-duty supervisor prior to leaving the facility. If an employee is unable to provide his or her forms prior to leaving the facility due to an injury, the employee shall dictate the information in person or via telephone to a peace officer supervisor who shall complete the form(s).
(2) The employee's on-duty supervisor shall review the forms to ensure that they are adequately prepared and to reach a judgment concerning the appropriateness of the force used. The supervisor shall document his or her conclusions and forward them with the employee's documents through the designated chain-of-command, to the institutional head for approval or follow-up action.
(b) Monitoring of Non-Deadly Force.
(1) All use of force shall be reviewed at a supervisory level within 24 hours of the incident. The following factors must be evaluated: the extent of the injury suffered, the need for the application of force, the relationship between that need and the amount of force used, the threat reasonably perceived by the responsible officials, and any efforts made to temper the severity of the force used.
(2) On at least a monthly basis, the Institutional Force Review Committee (IFRC) and the Regional Parole Force Review Committee (RPFRC) shall meet to review all completed use of force incidents after critique by area managers. The IFRC/RPFRC shall examine all levels of responsibility exercised by subordinate managers and supervisors, and ensure the appropriateness of completed documentation. The IFRC/RPFRC shall make a determination concerning the appropriateness of the use of force, based on the information and reports available. The Superintendent/ Assistant Superintendent shall personally view all videotapes arising from use of force incidents.
(A) IFRC is a team tasked with evaluating and monitoring the use of force incidents and is comprised of the Superintendent/Assistant Superintendent, Chief of Security, and at least one other manager (TTS/Lieutenant/Program Administrator) selected on a rotational basis. Additionally, other staff may attend as guests to observe the process.
(B) RPFRC is a team tasked with evaluating and monitoring the use of force incidents and is comprised of the Deputy Regional Administrator, a Parole Agent III (Program Specialist), and at least one other manager (Supervising Parole Agent III or Supervising Parole Agent II, selected on a rotational basis) of the Parole Services and Community Corrections Branch. Additionally, other staff may attend as guests to observe the process.
(3) The Department Force Review Committee (DFRC), designated by the Chief Deputy Secretary, shall review incidents of use of force to ensure staff's actions are in accordance with Use of Force Policy, procedure, and training. The institution and parole executives shall conduct qualitative analysis of each use-of-force incident. For the purposes of this section, qualitative analysis refers to an analysis of the type and necessity of force used in each use-of-force incident.
(4) The Division's Compliance Unit shall be responsible for conducting audits of the Division's use of force incidents.
(c) Reporting Deadly Force.
(1) An employee who uses deadly force, whether on or off-duty, shall ensure that a supervisory employee is notified of the incident without delay. At the time of notification, the employee shall give an oral Public Safety Statement to the supervisor who will capture the essence of the oral statement in writing and submit it to the Watch Commander. For the purposes of this section, a Public Safety Statement is an oral statement to help determine the general circumstances of the incident, assess the nature and extent of the scene that needs to be controlled, evaluate the need for additional resources and notifications, set the perimeter, locate injured persons, and determine the nature of evidence to be sought. The Public Safety Statement shall not include, and the employee shall not be asked to provide, a step-by-step narrative of the incident or a motive for his or her actions.
(2) An employee who observes deadly force shall document their observations in a memo and submit the memo to his or her supervisor prior to leaving the facility.
(3) The supervisor shall ensure that the chain-of-command and outside law enforcement are notified and all necessary health and safety, medical and security measures are initiated. If the incident is in an institution/facility, the supervisor shall go to the location and ensure that the crime scene is protected for preservation of life and evidence.
(4) The manager of the Office of Internal Affairs, or designee, shall designate an employee to be in charge of the investigation. The employee shall go to and take charge of the scene. The employee shall assemble the appropriate investigative staff and ensure that all necessary investigative procedures and coordination with affected law enforcement entities are accomplished. The product of the investigation will be a report to the Chief Deputy Secretary with a conclusion concerning the extent to which the use of force did or did not comply with the law. However, when deadly force is used in a non-departmental location, local law enforcement shall take charge of the scene.
(d) Monitoring of Deadly Force.
(1) Deadly Force Review Board (DFRB) shall be convened as soon as possible after the investigation is completed.
(A) The Chief Deputy Secretary or designee shall designate the members of the DFRB.
(B) The DFRB shall be composed of at least four members trained in accordance with Section 832 of the Penal Code. One shall be either the Director of the Division of Juvenile Facilities, or the Regional Parole Administrator outside the region or jurisdiction where the deadly force was used. The remaining three members shall be non-departmental law enforcement professionals.
(C) The DFRB shall examine all aspects of the incident to determine the extent to which the use of force complied with departmental policies and procedures, and to determine the need for policy, training and/or equipment modifications. The DFRB shall report its findings, in writing, to the Chief Deputy Secretary for approval or follow-up action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149 and 830.5, Penal Code.
HISTORY
1. New section filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-18-2007 as an emergency, including amendment of subsection (a)(1); operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, including amendment of subsections (a)(1), (b)(1), (c)(3) and (d)(1)(B), transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
§4034.4. Use of Mechanical Restraints.
Note • History
(a) Mechanical means of physical restraint may be used only under the following circumstances:
(1)When transporting a person between locations. However, a person who is being transported shall not be locked in any manner to any part of the transporting vehicle.
(2) When a person's present behavior, apparent emotional state, or other conditions present a reasonable likelihood that he or she may become violent or attempt to escape.
(3) When directed by medical staff, to prevent a person from attempting suicide or inflicting injury to himself or herself.
(b) Restraints shall not be:
(1) Used as punishment, retaliation or for disciplinary purposes.
(2) Placed around a person's neck.
(3) Applied in a way likely to cause undue physical discomfort or restrict blood flow or breathing; e.g., hog-tying.
(4) Used to secure a person to a fixed object unless directed by health care professional in a licensed clinical facility.
(5) Used to lift a ward.
(c) When mechanical restraint is required, handcuffs, alone or attached to a waist chain, will be the means of restraint normally used. However, additional mechanical restraint, including leg irons, additional chains, leather cuffs, or other specialized restraint equipment may be used when the circumstances indicate the need for the level of control that such devices will provide, and when applied by custodial staff who have received training in the proper use of such devices.
(d) Use of restraint equipment by direction of medical staff shall be fully documented in the institution medical file of the restrained ward.
(e) Only Division-approved restraints are authorized for use in a manner consistent with the manufacturer's instructions and this Use of Force Policy regarding the application and use of force.
NOTE
Authority cited: Sections 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Sections 147 and 149, Penal Code.
HISTORY
1. New section filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, including amendment of subsections (a)(1), (a)(2), (b)(4) and (c), transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
Article 3. Personnel
§4035. Staff Training. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Section 832, Penal Code.
HISTORY
1. New Article 3 (Sections 4035-4047) filed 3-13-79; effective thirtieth day thereafter (Register 79, No. 11).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4036. Non-Lethal Chemical Agent Training.
Note • History
An employee who is required to possess, use or transport chemical agents (tear gas, mace, etc.) or authorize the use thereof, shall complete a training course in non-lethal chemical agents.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 12403, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Repealer filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
3. Repealer refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-18-2007 order reinstating section, transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
§4037. Training Requirements for the Use of Restraining Devices.
Note • History
(a) An employee shall not use chemical or physical restraining devices without proper and adequate training. Training shall include:
(1) Limitations of use, potential dangers in use, who is authorized to use, the conditions of use, and other practical instructions.
(b) An employee who uses restraining devices without having completed the approved training shall be subject to disciplinary action.
(c) Supervisory staff who knowingly permit untrained personnel to use these devices shall be subject to disciplinary action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1712 and 1752, Welfare and Institutions Code; and Sections 12403 and 12420, Penal Code.
HISTORY
1. Amendment of subsection (a)(2) filed 6-4-80 (Register 80, No. 23).
2. Order of Repeal of subsection (a)(2) and parenthetical phrase of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4038. Use of Lethal Weapons. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 2-8-85; effective thirtieth day thereafter (Register 85, No. 6).
§4039. Legal Restrictions Governing Ward Care and Discipline.
Note • History
An employee shall not use physical force in any form as a disciplinary technique to direct or control a ward, except to restrain him.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4040. Use of Restraining Devices [Repealed].
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code; and Section 12403, Penal Code.
HISTORY
1. Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Repealer filed 8-11-2006 as an emergency; operative 8-11-2006 (Register 2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by 1-18-2007 or emergency language will be repealed by operation of law on the following day.
4. Repealer refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-18-2007 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL 5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code section 1712 (Register 2007, No. 26).
§4041. Chemical Restraints. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code; Section 12403, Penal Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4042. Acceptance of Gifts. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4043. Employee Communications with Wards.
Note • History
Communications between a ward and employee, except a chaplain as prescribed in Section 4751, shall not be treated as “privileged communications.” Wards shall be advised by way of the Ward Rights Handbook that any information provided by a ward may be considered by departmental staff and the Board in making decisions about the ward and will generally be available to other agencies in the criminal justice system, consistent with the Information Practices Act. However, such information shall be deemed confidential as far as the general public or other wards are concerned.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1705 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Change without regulatory effect amending section filed 2-24-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 9).
§4044. Staff Contact with Parolees.
Note • History
An employee, other than one providing parole services, who wishes to establish contact with a parolee, or who is contacted by a parolee on an ongoing basis, shall notify the ward's designated parole agent.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Personal transactions (i.e., selling, trading, lending, etc.) shall not be permitted between an employee and a ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4046. Transmittal of Messages or Articles.
Note • History
An employee shall not take or send, either to or from a ward, any messages, reading matter, or other items, except as necessary in carrying out his duties.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
An employee shall not permit a ward to remain overnight in his private home, foster home or work home owned or operated by him unless special permission is first obtained from a full board panel.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 5. Ward Grievance Procedure
Note • History
(a) Grievance. A “grievance” means a complaint from a ward concerning:
(1) The substance or application of any written or unwritten policy or practice of the Department, or other agencies which exercise jurisdiction over wards pursuant to contractual relationships with the Department, e.g., the Department of Forestry, or
(2) Any behavior or action directed toward a ward by staff or other wards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. New Article 5 (Sections 4085-4107) filed 3-13-79; effective thirtieth day thereafter (Register 79, No. 11).
2. Order of Repeal of subsections (b) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
A ward may file a grievance concerning any of the following circumstances:
(a) Actions or policies of the Department or other agencies which exercise jurisdiction over wards pursuant to contractual relationships with the Department, e.g., the Department of Forestry.
(b) Staffing conclusions and/or staffing recommendations to the Board, except for Disciplinary Decision Making System dispositions. The criteria to be considered during any level of review to determine the merit of such a grievance are:
(1) Whether staffing conclusions and/or recommendations were arrived at fairly and in accordance with established Board, Departmental or institution/parole policy and procedures, or
(2) Whether information presented in the case material was false, distorted, or misleading, or if information which had a direct influence on the staffing conclusion and/or recommendation was missing; except that disagreement with staff impressions, diagnosis, or prognosis is not grounds for a grievance, or
(3) Whether staffing conclusions and/or recommendations ignored the recommended receiving institution's formal transfer criteria, or
(4) Whether the staffing conclusions and/or recommendations were consistent with the facts presented in one or more of the various separate reports making up the case material, or whether inconsistencies were fully explained and recorded in the staffing report.
(c) Detentions of parolees by Department staff prior to the issuance of a warrant or detention order. Subsequent to the issuance of a warrant or detention order, a Board-ordered detention shall be only appealable through the Board appeal process as prescribed in Sections 4935-4940.
(d) Decisions relative to temporary restrictions. Such restrictions include:
(1) Confinement in secure quarters.
(2) Loss of scheduled visiting privileges.
(3) Loss of a day pass or off-grounds privileges.
(4) Restriction to the living unit.
(5) Removal from educational or vocational programs.
(6) Other restrictions in program or privileges.
(e) Alleged employee misconduct, improper or inappropriate behavior, or failure of an employee to perform assigned duties.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b)(1) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) The following actions are not within the grievance procedure:
(1) Actions or policies of the Board, including matters delegated to the Board. Such matters may be appealed through the Board's appeal process as prescribed in Sections 4935-4940.
(2) Corrective actions imposed administratively against an employee.
(3) Matters related to Disciplinary Decision Making System (DDMS) investigations, hearings, findings of fact, and dispositions which are subject to a “timely” appeal through the Disciplinary Decision Making System appeal procedure, except for:
(A) Administrative actions taken on requests for extensions of time limits on fact finding hearings.
(B) Confinement or restriction due to failure to commence fact finding hearings within time limits as set forth in DDMS policy and procedures. (See Section 4636.)
(b) Implementation of DDMS dispositions which have been subject to regular DDMS appeal need not be delayed pending resolution of any grievance, including those specified in subsection (a).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4088. Disagreements Concerning Grounds.
Note • History
Disagreements concerning whether a specific grievance falls within the grievance procedure criteria may be handled as any other grievance and resolved through the regular grievance procedure. Either party shall have the full right of appeal, including an independent review.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4089. Grievance Procedure Standards.
Note • History
Each institution, camp and parole region shall have a ward grievance procedure which meets the following standards:
(a) The procedures and means for filing a grievance shall be made readily available to each ward (including parolees).
(b) The procedure shall provide for fair, expeditious, and easily understood methods which ensure:
(1) That a ward is given an opportunity for a full and fair hearing, consideration, and resolution of the grievance.
(2) That written, step-by-step instructions are provided to wards and staff to explain:
(A) How a ward, including one on restricted status, may initiate the filing of a grievance.
(B) How a ward may appeal a grievance resolution.
(C) The right of the ward to decline informal resolution.
(D) The right of the ward to decline to accept an informal resolution.
(E) The right of the ward to representation.
(F) Emergency grievance procedure.
(G) Time limits at each grievance level.
(H) Safeguards to the ward against reprisals.
(3) Ongoing training for both staff and wards concerning the grievance procedure.
(4) In a reception center-clinic, general orientation covering grievance procedure principles for newly committed wards.
(5) Participation of line staff and wards in the design, revision, implementation, and operation of the system. Wards shall be selected by their peers, when reasonably possible.
(6) Written responses to all ward grievances within prescribed time limits.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (b)(2)(C)-(H) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal of last sentence of subsection (b)(5) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4090. Right to a Representative.
Note • History
Grievance procedures shall provide for the right of any ward to be represented by an employee, another ward, or a participating volunteer of his choice.
(a) The ward's representative may:
(1) Attend and participate in any informal conference, hearing, or review in which the ward participates if the ward filing the grievance desires his attendance and the representative is willing.
(2) Act as primary spokesperson, resource person, advisor, consultant, researcher, etc.
(b) A person may be prohibited from becoming a representative if the superintendent determines that such denial is necessary to maintain institution security and operations.
(c) If a grievance is filed against an employee pursuant to Section 4086(e) which may result in punitive action against the employee, the employee may select a representative to participate in any informal conference, hearing, or review meeting in which the employee participates.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Grievances which are of an emergency nature shall be processed on a high priority basis. The superintendent or regional administrator shall make the final decision concerning whether a grievance falls within the emergency procedure category. Such areas shall include, but not be limited to:
(a) Matters which would be made moot by the passage of time required for normal processing, or
(b) Matters in which delay would subject the ward filing the grievance to substantial risk of personal injury or other damage.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Reprisals against any ward or ward representative in the resolution of a grievance are prohibited.
(a) Reference of a negative nature concerning a ward's use of the grievance procedure shall not be included in any of his official records, reports, or case conference discussions.
(b) A grievance resolution shall not impose any deprivation on a ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of section title filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4093. False Accusations or Statements.
Note • History
(a) False accusations or statements made by a ward or staff member in connection with the filing of a grievance or participation in the grievance procedure may be subject to disciplinary action if:
(1) The false accusation or statement was made in a knowing, deliberate, and malicious attempt to cause significant harm to another party, and
(2) The potential for such injury is substantiated.
(b) The burden of proof in such a case shall rest with the accuser. Failure of a ward or staff member to substantiate his accusations or statements against another shall not, by itself, be used as grounds to initiate disciplinary action.
(c) The superintendent shall use the following criteria when reviewing Disciplinary Decision Making System action involving allegations of slander or false accusations against staff, and approve further DDMS actions only when all the following elements are present:
(1) The statement is shown to be false, and
(2) It is shown that the ward knew it was false, and
(3) It is shown that the ward intended to harm the person about whom the statement was made, and
(4) It is shown that there was actual potential for substantial harm to the person about whom the statement was made.
(d) During a review of potential DDMS actions referred to in subsection (1)-(4), staff shall consider the ward's entire statement or series of remarks, e.g.:
(1) Statements shall not be taken out of context.
(2) The ward's mistaken or inaccurate conclusions regarding matters of law and/or policy are not to be regarded as false statements or accusations.
(3) Only the statement of alleged facts which form the basis for such conclusions shall be considered.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47.).
§4094. Full Hearings. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
A response to any grievance shall be in writing and shall clearly state the resolution or finding which was made.
(a) If the grievance requires resolution by an authority outside the level conducting the review, e.g., the grievance committee, a full analysis of the merits of the grievance with recommendations for resolution shall be made.
(b) All departmental policy grievance responses shall include a full analysis of the merits of the grievance, including a recommendation for the Director's action, reasons for such recommendation, and suggested time limits, where applicable.
(c) Time limits shall start on the date a grievance is filed and subsequently on the date of the appeal. Time limits shall not be deemed to have been met until all parties to the grievance have received a written response. A time limit may be extended by mutual agreement of both parties.
(d) A response which specifies that action is to be taken shall include a date for completion of the action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) Grievance procedures shall provide to all parties to a grievance a method of appeal to a grievance decision including, but not limited to, final right of appeal to advisory arbitration by a neutral person not employed by the Department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4097. Appeal to the Director. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (b) and (c) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4098. Appeal to Independent Review.
Note • History
(a) Any party to a grievance may make an appeal to an independent review panel. The independent review panel has the authority to hear and make recommendations on all grievances pertaining to the policies and practices of the Department, including issues appealed to the Director.
(b) Within three working days of an appeal to an independent review, the superintendent/regional administrator/deputy director of parole or Director shall meet with the ward or his representative to clarify the issues, fully explore all suggested solutions and attempt to resolve the grievance. If a resolution cannot be reached, the superintendent/regional administrator/deputy director of parole shall submit the grievance to an independent review hearing within ten days, unless there is good cause for delay.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4099. Independent Review Hearing. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4100. Independent Review Panel Recommendation. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4101. Response to Independent Review Panel Recommendation. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4102. Denial of Independent Review Hearing.
Note • History
(a) The superintendent, regional administrator, deputy director of parole, or Director may submit a grievance to the assigned outside neutral person with a recommendation that the request for independent review be denied if one or more of the following circumstances exist:
(1) The ward or his representative is unable to explain the grievance or to clearly state the issue, or
(2) The grievance is deemed to be trivial or of minimal importance, or
(3) There has been a prior independent review of the same issue within a reasonable period of time, or
(4) The matter is clearly outside the jurisdiction of the grievance procedure.
(b) In cases where the Department requests that the independent review be denied:
(1) The grievance issue shall be submitted to the institution's ward grievance clerks for their review and recommendations. The original grievance committee may perform this function in an institution or a parole region which has fewer than three ward grievance clerks.
(2) The majority and minority opinions of the grievance clerks or grievance committee, together with a prior independent review opinion, if applicable, shall be furnished to the outside neutral person along with the recommendation for denial.
(c) The outside neutral person shall conduct a review of the documents and make a final decision concerning whether the issue is arbitrable and/or merits review.
(1) If the outside neutral person determines that the grievance does not merit a full hearing because the issue is not arbitrable, he shall prepare a written evaluation of the grievance and rationale for denial of the hearing and forward it to the ward.
(2) If the outside neutral person determines that the grievance does merit a review hearing, the provision of Sections 4099-4101 shall apply.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4103. Grievance Against an Employee--Adverse Action.
Note • History
A grievance which may result in adverse action against an employee may not be subject to the provision for a full hearing except at the discretion of the superintendent/regional administrator and with the consent of the employee involved. In such a case the superintendent/regional administrator shall:
(a) Determine how the grievance shall be processed.
(b) Investigate the allegations made in the grievance and make a finding of fact.
(c) Send a response to all parties concerned. The response time shall be the same as for other grievances. Time extensions may be permitted if agreed to by the ward and the employee involved.
(d) Not consider the findings to be final until all parties are advised of their right to appeal and have had the opportunity for an independent review.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code, and Section 19570, Government Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment filed 1-10-91; operative 2-9-91 (Register 91, No. 8).
§4104. Response to Grievance Against an Employee--Adverse Action.
Note • History
(a) If an allegation made against an employee which could result in adverse action is found to be true, the superintendent/regional administrator shall hold a discussion with the ward and the employee.
(1) Such discussion may be held separately.
(2) The ward and the employee shall be informed that the allegations in the grievance were found to be true, in total or in part, and that appropriate corrective or adverse action shall be taken.
(3) The superintendent/regional administrator shall summarize, in writing, the contents of the discussion(s).
(4) The action to be taken shall not be specified to the ward.
(b) If an allegation is found to be not true, the superintendent/regional administrator shall hold a discussion with the ward and employee.
(1) Such discussion may be held separately.
(2) The nature and extent of the investigation and reasons for the findings shall be explained unless the confidentiality of ward witnesses would be jeopardized.
(3) An attempt shall be made to clarify discrepancies between the ward's allegations, the employee's position, and the results of the investigation.
(4) The ward shall be informed of his right to appeal to an independent review panel.
(c) The superintendent/regional administrator shall summarize, in writing, the information in subsection (b) (2)-(4).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code, and Section 19570, Government Code.
HISTORY
1. Order of Repeal of subsection (d) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 1-10-91; operative 2-9-91 (Register 91, No. 8).
§4105. Appeal of Grievance Against an Employee--Adverse Action.
Note • History
A ward or staff member may appeal the decision on a adverse action grievance against an employee to an independent review. Except for the specific differences described in this section, all aspects of the independent review of a grievance against an employee which may result in adverse action shall be handled in the same manner as other grievances. The differences are:
(a) The outside neutral person shall be acceptable to the ward, employee, and superintendent/regional administrator.
(b) The outside neutral person shall handle confidential information in a manner prescribed by the Department.
(c) The hearing shall be closed to all persons except the parties to the grievance, their representatives, authorized witnesses, and other persons with a legitimate interest as determined by the outside neutral person.
(d) The superintendent/regional administrator has the responsibility to defend the sufficiency of the investigation and subsequent findings.
(e) Hearings regarding finding of fact shall not involve mediation or negotiation. The outside neutral person shall make an independent finding based solely on the facts presented.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766.5, Welfare and Institutions Code, and Section 19570, Government Code.
HISTORY
1. Order of Repeal of subsection (f) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 1-10-91; operative 2-9-91 (Register 91, No. 8).
§4106. Ward Grievance Information System.
Note • History
Each institution, camp, and parole region shall maintain a ward grievance information system which is easily accessible to wards, staff, and the public upon request.
(a) The information system shall provide:
(1) Information regarding all grievances filed against departmental, institution, or parole policy.
(2) Information regarding grievances filed in institutions and parole which were taken to an independent review.
(3) Information regarding all departmental, institution, or parole policy changes which were made in response to grievances filed.
(4) Information fully explaining and interpreting the intent of a policy revision which resulted from a ward grievance.
(5) Copies of grievances filed in the particular institution, camp, or parole office except grievances which could result in punitive action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code; and Section 832.5, Penal Code. Reference: Sections 1002, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Amendment of subsection (b)(3)(A) filed 2-13-81; effective thirtieth day thereafter (Register 81, No. 7).
3. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4107. Ward Grievance Procedure Monitoring. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 6. Food and Nutrition
§4120. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. New Article 6 (Sections 4120-4125) filed 3-13-79; effective thirtieth day thereafter (Register 79, No. 11).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) A minimum of three meals a day shall be served except in camps where a brunch and dinner may comprise weekend and holiday meals.
(b) The evening meal and the following day's breakfast shall not be scheduled more than 13 hours apart except when nutritious snacks are offered in the evening. Nutritious snacks include foods with substantive nutritive values such as milk and milk drinks, pudding and custards, sandwiches, fruit, fruit juice, whole grain crackers and cookies, and cheese snacks.
(c) A ward shall be allowed a minimum of 30 minutes to eat each meal.
(d) Food shall be served under the immediate supervision of a staff member.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Standards for sanitation, food storage, and preparation and serving of food shall meet the requirements set forth in Health and Safety Code Section 28520 et seq.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 8520 et seq., Health and Safety Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4124. Medically Prescribed Diets.
Note • History
A written plan shall be followed for uniform handling of diabetics, pregnant girls, and other wards in institutions whose condition requires a medically prescribed diet as part of therapeutic treatment.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4125. Food and Nutrition Requirements.
Note • History
Quantities and varieties of food necessary to provide a nutritionally adequate and acceptable diet shall be served in all facilities providing residential care.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 7. Other Standards and Requirements
§4130. Right of Wards to Correspond with Director.
Note • History
A ward may write to the Director on any subject. Letters to the Director shall not be opened, delayed, or withheld by institutional staff. Guidelines in Section 4695 shall be followed.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. New Article 7 (Sections 4130-4140) filed 3-13-79; effective thirtieth day thereafter (Register 79, No. 11).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4131. Ward Access to the Courts.
Note • History
(a) A ward shall not be denied or obstructed in his efforts to present a petition or legal document to the courts.
(b) A ward may assist another ward in gaining access to the courts. This assistance may include, but is not limited to:
(1) Interviews and conferences relating to legal issues.
(2) Preparation of writs or other court documents.
(3) The writing of letters.
(4) Access to institution law libraries.
(c) Restrictions my be placed on assistance by an attorney, ward, or member of the public if such assistance may cause threats to institution security or danger of physical injury to persons.
(d) A request for contact may be restricted if it is made for an unreasonable hour and/or location.
(e) If restrictions are imposed, alternative means of court access shall be made available.
(f) Staff shall assist the ward as much as possible throughout the process.
(g) The Department is not responsible for obtaining an attorney for a ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b)(4) filed 10-19-79; effective thirtieth day thereafter (Register 79, No. 42).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4132. Dissemination of Information Regarding New Court Decisions.
Note • History
Wards and Departmental staff shall be provided information regarding new court decisions which are identified by the Departmental legal office as affecting a substantial number of wards.
(a) The ward rights specialist shall prepare summaries of identified decisions in understandable language so that wards will be able to determine if they are affected.
(b) Summaries of such decisions shall be forwarded to all institutions and parole offices for dissemination to law libraries, living units and other appropriate places to ensure that wards are informed of the information.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Polygraph examinations may be used as an aid for gathering pertinent information in investigations.
(a) A polygraph examination shall not be administered without the voluntary written consent of the ward.
(b) A ward suspected of a rule or law violation may request a polygraph examination and, when conducted, only the examiner and the ward shall be present.
(c) A polygraph examination may be approved or disapproved by the superintendent or regional administrator before it is given, except under the conditions cited in Section 4639 (a) (2) (A) and (B).
(d) The result of a polygraph examination shall only be admitted into evidence in any disciplinary or parole rescission/violation proceedings where it supports the ward's claim of innocence or grievance. The ward shall be so advised prior to taking the examination.
(e) A polygraph examination that raises questions about the ward's honesty or credibility shall not be introduced as evidence in institutional disciplinary or parole rescission/violation proceedings.
(f) Examinations shall be given by accredited polygraph examiners. Examiners shall meet one of the following qualifications:
(1) Current member of the California Association of Polygraph Examiners or American Polygraph Association.
(2) Successful completion of a instructional polygraph operation course from an accredited polygraph school.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4134. Law Enforcement Use of Wards.
Note • History
A ward shall not participate in a law enforcement undercover investigation without the prior approval of the Director.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
A ward's written permission shall be obtained before his/her photograph is displayed and/or taken in a manner that individually identifies him/her to the public.
This section shall not apply to the dissemination of photographs of escaped wards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1712 and 1752, Welfare and Institutions Code.
HISTORY
1. Amendment filed 4-17-84; effective thirtieth day thereafter (Register 84, No. 16).
§4136. Medical Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752, 175.3, 1756, 1756.1, 1760 and 1774, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4137. Dependents' Benefits for Wards.
Note • History
Departmental staff may assist wards in obtaining dependents' benefits for which they may be eligible as prescribed in Section 4722.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4138. Notification of Death, Serious Injury or Illness of a Ward.
Note • History
Departmental staff shall immediately notify a ward's parents/guardians and other appropriate persons when the death, serious injury or illness of the ward occurs.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4139. Sale of Handicraft Articles.
Note • History
(a) Handicraft articles made by a ward may be sold to the public only at institutions, camps, parole centers, residential treatment centers, or other places approved by the Director.
(b) Procedures regarding the sale of handicraft articles shall include, but not be limited to, the following:
(1) The state shall be reimbursed for the cost of raw materials used in the manufacture of the articles.
(2) Handicraft articles which have not been sold by the time the ward is released on parole shall be returned to the ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1125, 1752 and 1752.85, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4140. Breath, Blood and Urine Samples.
Note • History
(a) Breath, blood and urine samples may be collected from a person under the supervision and control of the Department of the Youth Authority for chemical analysis to determine the presence of alcohol, illegal narcotics, drugs or other prohibited substances, when there is reason to believe that the person has used or is under the influence of alcohol, illegal narcotics, drugs, or other prohibited substances, or when scheduled or unscheduled tests are known to the person to be a condition of participation in a specific program, assignment, or activity.
(b) Blood samples shall be collected and tested only when the condition or behavior of the person is such that breath or urine samples will not provide the information necessary to determine the presence of prohibited substances. The withdrawal of blood shall be performed only by a physician, registered nurse, licensed vocational nurse (so certified), licensed medical technician, or licensed phlebotomist. The individual performing the procedure shall label all specimens accurately.
(c) Breath samples shall be obtained by custody or parole staff following the manufacturer's instructions for the equipment being utilized. The individual performing the procedure shall label all specimens accurately.
(d) Urine samples shall be obtained by custody or parole or medical staff wearing gloves and following the manufacturer's instructions for the equipment being utilized. The individual performing the procedure shall label all specimens accurately.
(e) Persons under the supervision and control of the Department of the Youth Authority shall be advised that in the case of refusal to submit to a breath, blood or urine sample such tests will not be administered, but the refusal may be considered a minor or major rule infraction or a violation of parole unless the refusal is for valid medical reasons. When a refusal is for medical reasons, a medical doctor shall determine the validity of the person's claim.
NOTE
Authority cited: Sections 1712, 1723, Welfare and Institutions Code. Reference: Sections 1001.5 and 1767.2, Welfare and Institutions Code.
HISTORY
1. New section filed 3-16-90; operative 4-15-90 (Register 90, No. 13). For history of former section, see Register 85, No. 26.
§4141. Collection of DNA Specimens.
Note • History
(a) The Department shall provide written notice to all wards that the DNA and Forensic Identification Database and Data Bank Act of 1998 (Part 1, Title 9, Chapter 6, Articles 1 through 7, §§ 295 et seq., of the Penal Code), requires that all wards and parolees under the jurisdiction of the Department after having been convicted of, found guilty of, having pled guilty or no contest to, or having been found not guilty by reason of insanity for, any felony offense, or whose records indicate a prior conviction for such an offense, or any juvenile who is adjudicated under Section 602 of the Welfare and Institutions Code for committing any felony offense, shall provide all of the following required specimens, to be submitted to the Department of Justice (DOJ) as soon as administratively practicable:
(1) One Buccal Swab.
(2) Two Right Thumb Print Impressions.
(3) Full Right and Left Full Palm Print Impressions.
(b) All wards under the jurisdiction of the Department shall provide the listed specimens, samples, and impressions at the sites designated by the Department.
(c) The collection of specimens, samples, and impressions will take place within five working days of arrival at a reception center clinic and/or intake site.
(d) Specimens, samples, and impressions shall also be obtained under the following circumstances:
(1) When a ward or parolee is transferred or paroled from another state and accepted into California under any of the interstate compacts, an agreement to provide these specimens shall be made a condition of acceptance for supervision in this state.
(2) When notification is received from the DOJ that a ward's or parolee's specimens already taken for any purpose are not usable for any reason;
(3) When parolees are returned to custody after a furlough or any other type of release or because of a violation of parole;
(4) When a ward is placed in a Youth Authority facility for any of the following reasons:
(A) County referral,
(B) Diagnostic referral,
(C) Emergency housing, or
(D) Any other referral agreement with a county or federal agency.
(e) The listed specimens, samples, and impressions will not be taken if it is verified that the DNA forensic identification is retained by the DOJ. Verification shall be confirmed using one or more of the following sources:
(1) the ward's master file, and/or
(2) the Ward Information Network, and/or
(3) the DOJ DNA Database.
(f) Parolees shall provide the required specimens, samples, and impressions at a location designated by the Regional parole unit within five calendar days after reporting to the supervising unit.
(g) The specimens, samples, and impressions shall be collected only by designated medical, custody, or parole staff and/or local law enforcement using a DOJ approved collection kit in accordance with the requirements and procedures set forth by the DOJ, and forwarded to the DOJ as soon as administratively practicable.
(h) Only medical staff trained and certified to draw blood shall draw blood. Blood samples shall be drawn in accordance with medical standards.
(i) Any ward or parolee refusing to give any or all of the specimens, samples, or impressions after he or she has received written notice that he or she is required to provide specimens, samples, and impressions, is guilty of a misdemeanor and shall also be subject to sanctions pursuant to the Disciplinary Decision-Making System (DDMS). Such refusal is a serious misconduct offense under the DDMS and is an offense reportable to the Youth Authority Administrative Committee and the Youth Authority Board.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 295, 295.1, 296, 296.1, 298, 298.1; Part 1, Title 9, Chapter 6, Articles 1-7, Penal Code; and Proposition 69 (2004).
HISTORY
1. New section filed 1-31-2005; operative 1-31-2005. Submitted to OAL for printing only pursuant to Penal Code section 295(h)(2) (Register 2005, No. 5).
2. New section refiled without change 6-1-2005; operative 6-1-2005. Submitted to OAL for printing only pursuant to Penal Code section 295(h)(2) (Register 2005, No. 22).
§4141.1. Use of Force When Collecting DNA Specimens. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code; and Section 298.1, Penal Code. Reference: Sections 295 and 298.1, Penal Code.
HISTORY
1. New section filed 1-31-2005 as an emergency; operative 1-31-2005 (Register 2005, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-31-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-1-2005 as an emergency; operative 6-1-2005 (Register 2005, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-29-2005 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) (Register 2006, No. 7).
Chapter 1.4. County Payments to Department of Youth Authority
Subchapter 1. Fee for Housing
Article 1. General Provisions
Note • History
This Subchapter implements and makes specific Section 912, Welfare and Institutions Code.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 912, Welfare and Institutions Code.
HISTORY
1. New chapter 1.4, subchapter 1, article 1 (sections 4143.1-4143.3) and section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
(a) “Department” means the Department of the Youth Authority.
(b) “Ward” means a person committed to the Youth Authority by a juvenile court.
(c) “Most recent juvenile court commitment” means the most recent juvenile court commitment with available confinement time. If a ward has multiple juvenile court commitments, and the available confinement time for the most recent commitment is exhausted, the next recent juvenile court commitment becomes the most recent.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
This Subchapter shall apply to each person remaining in or returning to Youth Authority facilities or other placements as directed by the Department on or after January 1, 1997.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Article 2. Billing Procedures
§4143.4. Calculation of Payments Due the Department.
Note • History
(a) The county from which a person subject to this Subchapter is committed shall pay the Department at the rate defined in WIC 912. For billing purposes, the monthly rate will be converted to a daily rate by dividing the monthly rate by 30 and rounding to the nearest cent.
(b) This rate shall be applied to all individuals subject to this Subchapter who are confined in Department institutions or other facilities as directed by the Department, including parolees in parole placement. Charges will not apply to wards who are missing or out to court.
(c) Wards with multiple commitments will be billed based upon the most recent juvenile court commitment.
(d) Wards with commitment from multiple counties will be billed based upon the most recent juvenile court commitment. The county responsible for the most recent juvenile court commitment will be billed, unless the most recent commitment is the result of prosecution requested by the Department. In that case, the county previously responsible for the ward will continue to be billed.
(e) If payments are due for a ward under the provisions of WIC 912.5, then the charges described in paragraph (a) will not be billed.
(f) The Department will bill each county monthly. Charges will be based upon the actual days of confinement of wards subject to this Subchapter. A full month will consist of 30 days for billing purposes.
(g) The county will be billed for the day the ward is received by the Department but not for the day the ward departs from the Department.
(h) The amount owed will be computed by multiplying the number of days of confinement by the daily rate.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New article 2 (sections 4143.4-4143.6) and section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of subsections (b)-(d) and new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
Counties shall include with their payments a remittance advice that details the invoice(s) being paid and the amount paid on each invoice.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
(a) Each county will designate a point of contact for purposes of the fee for housing billing. The Youth Authority will designate a point of contact for fee for housing billing. All communications between the county and the Youth Authority regarding the invoices should begin between the two points of contact.
(b) Requests to adjust an invoice shall be made in writing, by the county, to the Youth Authority point of contact.
(c) If, as a result of investigating questions regarding an invoice, a correction is made, any credits or additional charges will be made on a subsequent invoice, in the supplemental transactions section.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Subchapter 2. Sliding Scale for Less Serious Offenses
Article 1. General Provisions
Note • History
This Subchapter implements and makes specific Section 912.5, Welfare and Institutions Code.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 912.5, Welfare and Institutions Code.
HISTORY
1. New subchapter 2, article 1 (sections 4144.1-4144.3) and section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
(a) “Department” means the Department of the Youth Authority.
(b) “YOPB” means the Youthful Offender Parole Board.
(c) “Ward” means a person committed to the Youth Authority by a juvenile court.
(d) “Per capita institutional cost” means the average cost to house an individual in the Department's institutions, as published by the Department. The per capita cost is computed by dividing the total of all on-site costs at each institution and camp by the average daily population (ADP) of wards. This cost will be based upon Budget Act funding levels for the Department for each fiscal year.
(e) “Most recent juvenile court commitment” means the most recent juvenile court commitment with available confinement time. If a ward has multiple juvenile court commitments, and the available confinement time for the most recent commitment is exhausted, the next most recent juvenile court commitment becomes the most recent.
(f) “The offense on which the commitment is based” means the most serious offense in the commitment as determined by Sections 4951 through 4957 of Title 15 of the California Code of Regulations.
(g) “YOPB category” means the category number associated with Sections 4951 through 4957 of Title 15 of the California Code of Regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of section and new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
This Subchapter shall apply to each person committed to the Youth Authority by a juvenile court or or after January 1, 1997.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Article 2. Billing Procedures
§4144.4. Per Capita Cost Adjustment.
Note • History
(a) The per capita institutional cost will be adjusted based upon the Budget Act for each fiscal year.
(b) The per capita institutional cost in effect for a given fiscal year will be used to bill for confinement time occurring in that fiscal year.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New article 2 (sections 4144.4-4144.8) and section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4144.5. Calculation of Payments Due the Department.
Note • History
(a) The county from which a person subject to this Subchapter is committed shall pay the Department at the rate defined in WIC 912.5(a).
(b) This rate shall be applied to all individuals subject to this Subchapter who are confined in Department institutions or other facilities as directed by the Department. Sliding scale charges will not apply to wards who are missing, out to court, or on parole.
(c) No charges pursuant to WIC 912.5 will be made for periods of confinement of a Youth Authority parolee returned to custody due to a revocation of parole by the Youthful Offender Parole Board, or a recommitment or return ordered by the Juvenile Court.
(d) Wards with multiple commitments or will be billed based upon the most recent juvenile court commitment.
(e) Wards with commitments from multiple counties will be billed based upon the most recent juvenile court commitment. The county responsible for the most recent juvenile court commitment will be billed, unless the most recent commitment is the result of prosecution requested by the Department. In that case, the county previously responsible for the ward will continue to be billed.
(f) The Department will bill each county monthly. Charges will be based upon the actual days of confinement of wards subject to this Subchapter for each rate described in paragraph (a). A full month will consist of 30 days for billing purposes.
(g) The county will be billed for the day the ward is received by the Department but not for the day the ward departs from the Department.
(h) For billing purposes, the annual rate will be converted to a daily rate by dividing the annual rate by 360 (12 months at 30 days each) and rounding to the nearest cent. The amount owed will be computed by multiplying the number of days of confinement by the daily rate.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of subsections (b)-(e) and new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4144.6. Supplemental Invoices.
Note • History
(a) YOPB categories used for billing purposes are assigned at a ward's Initial Hearing before the YOPB. There is a period of time between arrival and the Initial Hearing during which no YOPB category is assigned to the ward.
(1) During this period, the county will be billed at the rate prescribed by WIC 912.
(2) If the ward is subsequently assigned to a YOPB category for which the sliding scale applies, the difference between the appropriate billing rate for the category and the fees previously billed, retroactive to the day the ward is received by the Department, will be charged on a subsequent invoice in the supplemental transactions section.
(b) If a ward's YOPB category is changed, the difference between the appropriate billing rate for the category and the fees previously billed, based upon the effective date of the change, will be shown on a subsequent invoice in the supplemental transactions section.
(c) Beginning July 1 of each fiscal year, counties will be billed at the prior year rates until the new rates are calculated. Previously billed amounts for the new fiscal year will be adjusted to reflect the new rates and counties will be credited for over-billing or billed for the additional cost on a subsequent invoice.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsection (b) (Register 97, No. 14).
3. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
(a) Counties shall include with their payments a remittance advice that details the invoice(s) being paid and the amount paid on each invoice.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Note • History
(a) Each county will designate a point of contact for purposes of the sliding scale billing. The Youth Authority will designate a point of contact for sliding scale billing. All communications between the county and the Youth Authority regarding the invoices should begin between the two points of contact.
(b) Requests to adjust an invoice shall be made in writing, by the county, to the Youth Authority point of contact.
(c) If, as a result of investigating questions regarding an invoice, a correction is made, any credits or additional charges will be shown on a subsequent invoice in the supplemental transactions section.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 912 and 912.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Chapter 1.5. Assistance to Courts When Making Disposition
Article 1. General Provisions
§4145. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Sections 704, 707.2, 1731.6, 1737, 1752.1, Welfare and Institutions Code. Reference: Sections 704, 707.2, 1731.6, 1737, 1752.1, Welfare and Institutions Code.
HISTORY
1. New chapter (Sections 4145-4162.5, not consecutive) filed 6-28-79 as an emergency; designated effective 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4145.5. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1751, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4146. General Standards and Premises.
Note • History
The following standards, requirements and premises will be applied by the Department in making decisions on acceptance of persons referred for diagnostic study from criminal or juvenile courts:
(a) There must be sufficient information submitted about the person to enable an informed decision to be made.
(b) (Reserved.)
(c) Persons must be available for delivery to a departmental reception center-clinic.
(d) Persons referred to the Youth Authority will be accepted, unless it is concluded they are clearly inappropriate.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1730 and 1731.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 2. Consultation and Testimony
§4147. Request for Information or Advice. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1751, Welfare and Institutions Code.
HISTORY
1. Certificate of Compliance including amendment filed 10-10-79 (Register 79, No. 41).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4147.5. Request for Testimony. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1751, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4148. Conditions for Granting Requests for Testimony.
Note • History
Requests for expert witness testimony will be granted under the following conditions:
(a) There is reasonable assurance that Youth Authority testimony will be significant in the case.
(b) Youth Authority staff time is available to provide this service to the court.
(c) The Youth Authority must have five working days' notification for preparation before the hearing.
(d) The requesting party is aware that:
(1) The purpose of Youth Authority participation is to assist the court by providing information and expert opinion concerning disposition and amenability to the care, treatment, and training programs available through commitment to the Youth Authority.
(2) Information received by Youth Authority staff will not be privileged, and will be available to the opposing attorney (district attorney or defense attorney), probation officer and judge.
(3) The Department shall be given access to all non-privileged information in the requesting party's possession which may have a bearing on Youth Authority testimony in the matter. This includes access to the accused person when a defense attorney requests assistance.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 680, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 3. Criminal Court Request for Recommendation Concerning Recall
§4149. Authority of Criminal Court to Recall Commitment. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1737, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4149.5. Criminal Court Request for Recommendation. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1737, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4149.8. Response to Request for Recommendation.
Note • History
The Department will provide the committing court with a copy of the most recently prepared diagnostic report and a recommendation concerning whether the commitment should be recalled.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 4. Criminal Court Referral for Contract Diagnostic Study
§4150. Authority to Contract and Refer for Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 1731.6, 1751, 1752.1, Welfare and Institutions Code. Reference: Sections 1731.6, 1752.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4150.5. Discretion to Accept or Reject. [Repealed]
Note • History
NOTE
Authority cited: Sections 1731.6, 1751, 1752.1, Welfare and Institutions Code. Reference: Sections 1731.6, 1752.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4151. Decision to Accept or Reject and Material Benefit Determination.
Note • History
(a) (Reserved)
(b) Determinations of material benefit will based on the following:
(1) A person will be materially benefited by diagnostic services when the reasons why the person displays criminal behavior are unclear and the Department has the necessary resources to provide a diagnostic evaluation and disposition recommendation to the court.
(2) A person will be materially benefited by treatment services when they meet the standards described in Section 4168 of these regulations.
NOTE
Authority cited: Sections 1712 and 1731.6, Welfare and Institutions Code. Reference: Section 1731.6, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4151.5. Required and Optional Information.
Note • History
Two copies of the information required and requested as described in Section 4168.5 (b)(2), (3) and (4) and Section 4169 of these regulations are to be submitted on persons referred by a criminal court. In addition, the referring court shall provide two copies of the order showing that the person was referred to the Youth Authority in accordance with law.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1740 and 1741, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85. No. 43).
§4152. Acceptance or Rejection Action.
Note • History
The Department shall make a decision to accept or reject a referred person within 16 work-hours, or as soon thereafter as possible, after receipt of the information and documents described in Section 4151.5 of these regulations.
NOTE
Authority cited: Sections 1712 and 1736, Welfare and Institutions Code. Reference: Sections 732, 734 and 1752.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4152.5. Notice of Action and Delivery Approval.
Note • History
(a) (Reserved)
(b) The Department shall notify the referring court and probation department of the acceptance or rejection decision.
(c) (Reserved)
(d) When a case is accepted, the sheriff shall be notified of the time and place for delivery to a Youth Authority facility.
NOTE
Authority cited: Sections 1712 and 1731.6, Welfare and Institutions Code. Reference: Sections 1731.6 and 1752.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4152.6. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the person has been delivered to a Department reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Section 4150. Required and optional information as provided by Section 4152.5 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.6, Welfare and Institutions Code.
HISTORY
1. New section filed 10-10-79; effective on filing. Certificate of Compliance included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4153. Study and Report. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1731.6, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26)
§4153.5. Return to the County.
Note • History
The Department shall notify the sheriff that the person is ready for return to the county as soon as the diagnostic report is completed as provided by Section 4153 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.6, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 5. Criminal Court Referral for Amenability Determination
§4155.5. Required and Optional Information.
Note • History
Two copies of the information required and requested as described in Section 4168.5(b)(2), (3) and (4) and Section 4169 of these regulations are to be submitted on persons referred by a criminal court. In addition, the referring court shall provide two copies of the order showing that the person was referred to the Youth Authority in accordance with law.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1740 and 1741, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4156. Acceptance or Rejection Action.
Note • History
The Department shall make a decision to accept or reject a referred person within 16 work-hours, or as soon thereafter as possible, after receipt of the information and documents described in Sections 4155.5 and 4169 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 707.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4156.5. Notice of Action and Delivery Approval.
Note • History
The Department shall notify the referring court and probation department of the acceptance or rejection decision. When a case is accepted, the sheriff shall be notified of the time and place for delivery to a Youth Authority facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 707.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4156.6. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the person has been delivered to a Department reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Section 4155. Required and optional information as provided by Section 4155.5 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 707.2, Welfare and Institutions Code.
HISTORY
1. New section filed 10-10-79; effective on filing. Certificate of Compliance included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4157. Amenability Determination.
Note • History
(a) (Reserved)
(b) A person is amenable if it is found that he can be materially benefited as provided by Section 4168 of these regulations.
(c) (Reserved)
(d) The Department shall notify the sheriff that the person is ready for return to the count as soon as the amenability determination is completed.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 707.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 6. Juvenile Court Referral for Contract Diagnostic Studies and Treatment
§4158. Authority to Contract and Refer for Services. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, 1752.1, Welfare and Institutions Code. Reference: Section 704, 1752.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4158.5. Discretion to Accept or Reject. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4159. Decision to Accept or Reject and Material Benefit Determination.
Note • History
(a) (Reserved).
(b) Determinations of material benefit will be based on the following:
(1) A person will be materially benefited by diagnostic services when the reasons why the person displays delinquent behavior are unclear and the Department has the necessary resources to provide a diagnostic evaluation and disposition recommendation to the court, or;
(2) A person will be materially benefited by treatment services when they meet the standards described in Section 4171 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4160. Required and Optional Information.
Note • History
The information requirements and requested information described in Sections 4168.5 (b) (2), (3) and (4) and Section 4169 of these regulations apply to persons referred by a juvenile court. In addition, the referring court shall provide two copies of the order showing that the person was referred to the Youth Authority in accordance with law.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 735, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4160.5. Acceptance or Rejection Action.
Note • History
The Department shall make a decision to accept or reject a referred person within 16 work-hours, or as soon thereafter as possible, after receipt of the information and document described in Section 4160 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4161. Notice of Action and Delivery Approval.
Note • History
(a) (Reserved)
(b) The Department shall notify the referring court and probation department of its acceptance or rejection decision.
(c) (Reserved)
(d) When a case is accepted, the notice from the Department shall designate the time and place for delivery to a Youth Authority facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4161.3. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the person has been delivered to a Department reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Section 4158. Required and optional information as provided by Section 4160 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. New section filed 10-10-79; effective on filing. Certificate of Compliance included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4161.5. Study and Report. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4162. Retention for Treatment.
Note • History
(a) The Department may retain the person for treatment after completion of the diagnostic study provided the person can be materially benefited by such retention, as defined in Section 4171 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 704, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4162.5. Return to the County.
Note • History
The Department shall notify the probation officer that the person is ready for return to the county as soon as the diagnostic report is completed as provided by Section 4161.5 of these regulations or it is determined that the person cannot be materially benefited by retention as provided by Section 4171 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 704 and 1752.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Chapter 1.6. Commitment to the Youth Authority
Article 1. General Provisions
§4165. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1730, Welfare and Institutions Code.
HISTORY
1. New chapter (Sections 4165-4174.5, not consecutive) filed 6-28-79 as an emergency; designated effective 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Amendment of chapter heading filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4165.5. Definitions. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1751, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4166. General Standards and Premises.
Note • History
The following standards, requirements, and premises will be applied by the Division in making decisions on acceptance of youth committed from criminal and juvenile courts:
(a) There must be sufficient information submitted about the youth to enable an informed decision to be made.
(b) Youth committed from a juvenile court will be accepted if they can be materially benefited, provided that necessary facilities, staff and rehabilitative services are available.
(c) Youth must be available for delivery to a Division of Juvenile Justice reception center-clinic.
(d) Youth committed to the Division of Juvenile Justice will be accepted, unless it is concluded they are clearly inappropriate.
(e) Youth are committed to the Division of Juvenile Justice for disposition. Intake and Court Services (ICS) staff will not base their decision on acceptance on anticipated actions the staff or Juvenile Parole Board may take in the future regarding the case. It is presumed such actions to be taken will be appropriate for each case.
(f) The Chief Deputy Secretary of Division of Juvenile Justice and the Director of State Department of Mental Health shall, at least annually, confer and establish policy with respect to the types of cases, which should be the responsibility of each department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 736, 1730 and 1731.5 Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment of section and Note filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
Article 2. Criminal Court Commitment
§4167. Authority to Commit. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1731.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4167.5. Discretion to Accept or Reject. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1731.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4168. Decision to Accept or Reject on Material Benefit.
Note • History
A youth will be materially benefited when there is a reasonable possibility that the youth's likelihood to commit criminal behavior can be significantly reduced or eliminated within the confinement time and jurisdiction time available. Factors to be considered include:
(a) Capacity. Does the youth have the capacity to change? Considerations in making this determination include:
(1) The youth's psychiatric condition.
(2) The youth's ability to communicate.
(3) Mental Retardation.
(4) The need for long-term in-patient level of care.
(b) Tractability. Is the youth's delinquent behavior so firmly established that there is little likelihood that it can be changed by commitment to the Division of Juvenile Justice? Considerations in making this determination include:
(1) The youth's history of criminal/delinquent behavior.
(2) The youth's degree of criminal sophistication.
(3) The success of prior efforts to help the youth change their behavior.
(4) Whether the youth has demonstrated willingness to participate in programs designed to result in correction of unacceptable behavior.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 736, 1731.5 and 1741, Welfare and Institutions Code.
HISTORY
1. New subsection (c) filed 5-4-81 as an emergency; effective upon filing (Register 81, No. 20). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed 9-1-81.
2. Order of Repeal of 5-4-81 emergency order filed 5-11-81 by OAL pursuant to Government Code Section 11349.6 (Register 81, No. 20).
3. Order of Repeal of subsections (a) and (b)(1)(A)(iv) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
5. Repealer of subsections (a), (b), and (b)(2) and subsection relettering and renumbering filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
6. Amendment of section and Note filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4168.5. Requirement to Provide Information.
Note • History
(a) At the time of commitment to the Division of Juvenile Justice, the committing court and/or probation department shall provide the following for each youth: (1) Three copies of court order(s) (one of which must be certified) showing that the youth was committed to the Division of Juvenile Justice in accordance with the law, which orders shall include the following determinations:
(A) Public offense(s) sustained by the court, including enhancements.
(B) Aggravating or mitigating circumstances, when applicable.
(C) Confinement time from any charge that is to run consecutively or concurrently with the confinement time from any other charge, when applicable.
(D) Confinement time remaining from a previous court action that is to run concurrently or consecutively with the confinement time from the current court action, when applicable.
(E) Amount of time already spent in physical confinement that has been credited to the amount of time the youth may be confined by the Division of Juvenile Justice, when applicable.
(F) Amount of time the youth may be held in physical confinement by the Division of Juvenile Justice, for example, years, months and days.
(2) Completed Division of Juvenile Justice Referral Document, DJJ 1.411 (Rev. 12/07) (form supplied by the Division). (This form is incorporated by reference).
(3) Completed Division of Juvenile Justice Form, Mental Health Information from Outside Agencies DJJ 1.205 (Rev. 4/10) (form supplied by the Division). This form shall be completed by a Licensed Clinical Provider. (This form is incorporated by reference).
(4) Three copies of reports containing the following case information, unless it is already in possession of the Division:
(A) Current description and diagnostic information concerning any evidence that the youth may be developmentally disabled (for example, I.Q. of 70 or less); is unable to communicate (for example, speech or hearing defect); is psychotic or has another psychiatric disorder; or has a serious physical disability.
(B) Current description of any condition requiring medical care, for example, disease, pregnancy, etc.
(C) Description and evaluation of the youth's social background, for example, developmental history, family background, peer associations, school and work history, leisure-time activities and community environment.
(D) History of all of the youth's criminal/delinquent behavior which resulted in a finding of guilt, for example, date of arrest, sustained criminal charges, circumstances surrounding the offense and degree of involvement, which is often included in the Probation report.
(E) Description of prior efforts to help the youth change their behavior, for example, programs used (for example, probation, county camp, etc.), length of participation, degree and willingness to participate, and evaluation of results.
(F) Evaluation of why the youth is criminal/delinquent and what action should be taken.
(5) Evaluation of whether it would be dangerous to co-mingle the youth with other identified youth in a Division of Juvenile Justice facility, when relevant.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1740 and 1741, Welfare and Institutions Code.
HISTORY
1. Certificate of Compliance including amendment of subsection (b)(1) filed 10-10-79 (Register 79, No. 41).
2. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
4. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4168.7. Acceptance and Rejection Criteria for Youth with Medical or Mental Health Conditions.
Note • History
(a) The Division of Juvenile Justice (DJJ) shall accept or reject a youth committed to it based on whether the youth can be materially benefited by the DJJ's rehabilitation model and educational programs, and if the DJJ has adequate facilities and staff to provide such care.
DJJ is responsible for performing an individualized review of all youth committed by the courts for determination of whether the youth will materially benefit from DJJ's rehabilitative and educational programs and whether adequate facilities, staff and programs exist to provide for the youth. As part of that determination, Intake and Court Services staff shall review the youth's records for medical and mental health conditions that interfere with the youth's ability to materially benefit from DJJ's programs or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonable accommodate through modified programming or facilities.
(b) DJJ does not accept youth who are seriously ill or have health impairments whose commitment would involve serious risk of permanent disability or long-term detriment to health status, or whose medical conditions are so extreme as to interfere with the youth's ability to materially benefit from DJJ's programs (including regular attendance at school and rehabilitative programs) or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonably accommodate through modified programming or facilities.
(c) DJJ does not accept youth with mental health conditions and associated limitations that are sufficiently severe to interfere with the youth's ability to materially benefit from DJJ's programs (including regular attendance at school and rehabilitative programs) or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonably accommodate through modified programming or facilities.
No medical or mental health condition is an absolute barrier to a youth's acceptance to DJJ. Each youth is evaluated on an individual basis. Therefore, in cases where there are concerns related to the commitment and acceptance of the youth, DJJ will notify the county that the county may request that an Inter-disciplinary Team Review be held to discuss placement options for the youth.
The Inter-disciplinary Team will consist of a County Probation Representative, a relevant DJJ Health Care Representative, a DJJ Intake and Court Services Representative, and a representative from the DJJ Disabilities Program. Other agencies such as the Department of Mental Health, Developmental Services or other interested agencies may also be involved.
The Inter-disciplinary Team's recommendations will be forwarded to the Director of Division of Juvenile Facilities (DJF). The Director of the DJF shall review the Inter-disciplinary Team's recommendations and provide input prior to referring case to the Chief Deputy Secretary of DJJ. The Chief Deputy Secretary or designee will make the final decision regarding acceptance or rejection of commitment.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 733, 734, 735, 736 and 1741, Welfare and Institutions Code.
HISTORY
1. New section filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
Note • History
The committing court, probation department, district attorney, defense attorney and law enforcement agencies are requested to provide the Division of Juvenile Justice with additional information or recommendations they deem necessary or desirable to assist the Division in carrying out its functions.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1741, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4169.5. Acceptance or Rejection Action.
Note • History
The Division shall make a decision to accept or reject a committed youth within 16 work-hours, or as soon thereafter as possible, after receipt of the information and documents described in Sections 4168.5 and 4169 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4169.8. Notice of Action and Delivery Approval. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1738, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4169.9. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the youth has been delivered to a Division reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Section 4168. Required and optional information as provided by Sections 4168.5 and 4169 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.5, Welfare and Institutions Code.
HISTORY
1. New section filed 10-10-79; effective upon filing. Certificate of Compliance included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
Article 3. Juvenile Court Commitment
§4170. Authority to Commit. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Sections 731, 734, and 1736, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4170.5. Discretion to Accept or Reject.
Note • History
The Division of Juvenile Justice (DJJ) may accept or reject a commitment from a juvenile court based on Sections 733, 734, 736 and 1736 of the Welfare and Institutions Code.
The Division may in its discretion accept youths committed to it, if it believes that the youth can be materially benefited by its rehabilitative/treatment programs, and if it has adequate facilities, staff and programs to provide such care.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 733, 734, 735, 736 and 1736, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment of section and Note filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4171. Decision to Accept or Reject on Material Benefit.
Note • History
(a) Youth committed from a juvenile court will be accepted if they can be materially benefited, provided that necessary facilities, programs, staff and rehabilitative services are available.
(b) Determinations of material benefit will be based on one or both the following standards:
(1) A youth will be materially benefited when there is reasonable possibility that the likelihood to commit delinquent behavior can be significantly reduced or eliminated within the confinement time and jurisdiction time available. Factors to be considered under this subsection include:
(A) Capacity. Does the youth have the capacity to change? Considerations in making this determination include:
1. The youth's psychiatric condition.
2. The youth's ability to communicate.
3. Mental Retardation.
4. The need for long-term in-inpatient level of care.
(B) Tractability. Is the youth's delinquent behavior so firmly established that there is little likelihood that it can be changed by commitment to the Division of Juvenile Justice? Considerations in making this determination include:
1. The youth's history of criminal/delinquent behavior.
2. The youth's degree of criminal sophistication.
3. The success of prior efforts to help the youth change behavior.
4. Whether the youth has demonstrated willingness to participate in programs designed to result in correction of unacceptable behavior.
(2) A youth will be materially benefited and the public protected when incapacitation is needed to shield the public and such youth from further delinquent behavior. Factors to be considered under this subsection include:
(A) The incidence of delinquent behavior.
(B) History of close association with nonlaw-abiding youth.
(C) Emotional stability.
(D) Apparent motivation to commit further crimes, for example, revenge, etc.
(E) Family associations that do not support law-abiding behavior.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 736 and 1741, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b)(1)(A)(iv) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment of section and Note filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4171.5. Acceptance and Rejection Criteria for Youth with Medical or Mental Health Conditions.
Note • History
(a) The Division of Juvenile Justice (DJJ) shall accept or reject a youth committed to it based on whether the youth can be materially benefited by the DJJ's rehabilitation model and educational programs, and if the DJJ has adequate facilities and staff to provide such care.
DJJ is responsible for performing an individualized review of all youth committed by the courts for determination of whether the youth will materially benefit from DJJ's rehabilitative and educational programs and whether adequate facilities, staff and programs exist to provide for the youth. As part of that determination, DJJ staff shall review the youth's records for medical and mental health conditions that interfere with the youth's ability to materially benefit from DJJ's programs or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonably accommodate through modified programming or facilities.
(b) DJJ does not accept youth who are seriously ill or have health impairments whose commitment would involve serious risk of permanent disability or long-term detriment to health status, or whose medical conditions are so extreme as to interfere with the youth's ability to materially benefit from DJJ's programs (including regular attendance at school and rehabilitative programs) or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonably accommodate through modified programming or facilities.
(c) DJJ does not accept youth with mental health conditions and associated limitations that are sufficiently severe to interfere with the youth's ability to materially benefit from DJJ's programs (including regular attendance at school and rehabilitative programs) or for which DJJ does not have adequate facilities, staff or programs to provide care--and for which DJJ cannot otherwise reasonably accommodate through modified programming or facilities.
No medical or mental health condition is an absolute barrier to a youth's acceptance to DJJ. Each youth is evaluated on an individual basis. Therefore, in cases where there are concerns related to the commitment and acceptance of the youth, DJJ will notify the county that the county may request that an Inter-disciplinary Team Review be held to discuss placement options for the youth.
The Inter-disciplinary Team will consist of a County Probation Representative, a relevant DJJ Health Care Representative, a DJJ Intake and Court Services Representative, and a representative from the DJJ Disabilities Program. Other agencies such as the Department of Mental Health, Developmental Services or other interested agencies may also be involved.
The Inter-disciplinary Team's recommendations will be forwarded to the Director of Division of Juvenile Facilities (DJF). The Director of the DJF shall review the Inter-disciplinary Team's recommendations and provide input prior to referring case to the Chief Deputy Secretary of DJJ. The Chief Deputy Secretary or designee will make the final decision regarding acceptance or rejection of commitment.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 733, 734, 735 and 1741, Welfare and Institutions Code.
HISTORY
1. New section filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4172. Exceptions to Material Benefit Determinations. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 736, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4173. Requirement to Provide Information.
Note • History
(a) When the juvenile court commits a youth to the Division of Juvenile Justice who is identified as an individual with exceptional needs, as defined by Section 56026 of the Education Code, the juvenile court shall not order the juvenile conveyed to the physical custody of the Division until the youth's previously developed individualized education program has been furnished to the Division.
In order to enforce this requirement, the court shall indicate on the court commitment documents whether:
1. The youth is an individual with exceptional needs,
2. The youth is not an individual with exceptional needs or
3. Education records do not indicate that a determination has been made regarding any exceptional needs that the youth may have.
(b) The information requirements and requested information described in Sections 4168.5 and 4169 of these regulations apply to youth committed by a juvenile court.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 735, 1740, 1741 and 1742, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (c) filed 6-4-80; effective thirtieth day thereafter (Register 80, No. 23).
2. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
4. Amendment of section and Note filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4174. Acceptance or Rejection Action.
Note • History
The Division shall make a decision to accept or reject a committed youth within 16 work-hours, or as soon thereafter as possible, after the receipt of the information and documents described in Sections 4168.5 and 4169 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 732, Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-4-80; effective thirtieth day thereafter (Register 80, No. 23).
2. Editorial correction (Register 80, No. 29).
3. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
4. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4174.5. Notice of Action and Delivery Approval.
Note • History
The Division shall notify the committing court and probation department of its acceptance or rejection decision. When a case has been accepted, the notice shall designate the time and place for delivery to a Division of Juvenile Justice facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 732, 736, 1731.6 and 1752.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
§4174.6. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the youth has been delivered to a Division reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Section 4168. Required and optional information as provided by Section 4173 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 735, Welfare and Institutions Code.
HISTORY
1. New section filed 10-10-79; effective upon filing. Certificate of Compliance included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment filed 10-14-2010; operative 11-13-2010 (Register 2010, No. 42).
Chapter 1.7. Return of Wards to Court for Alternative Disposition
Article 1. General Provisions
§4175. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Sections 780, 1737, 1737.1, and 1751, Welfare and Institutions Code. Reference: Sections 780, 1737, and 1737.1, Welfare and Institutions Code.
HISTORY
1. New chapter (Sections 4175-4188.5, not consecutive) filed 6-28-79 as an emergency; designated effective 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
For the purpose of the regulations contained in this chapter, the following words shall have the following meanings:
Incorrigible: “Incorrigible” means the person is impervious to change, or displays willfully unalterable, or not reformable behavior. Observed behavior must extend over a period of time and be reasonably frequent; a single incident is not sufficient in itself to establish incorrigibility. Rather, a pattern of unacceptable behavior is required.
Incapable of Reformation: “Incapable of reformation” means that a person lacks the necessary ability, competence or motivation to change from criminal to noncriminal behavior.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of Juvenile Court and Criminal Court definitions filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4176. Consult with District Attorney. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Sections 780 and 1737.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Order for Return of Criminal Court Commitments
§4177. Authority to Return. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Sections 1737.1 Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4177.5. Alternative Disposition by the Criminal Court. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4178. Recommendation to Order Return to Court.
Note • History
Staff shall make a recommendation to the Board to return a ward committed by a criminal court to the court when the ward is described by one or more of the following subsections, provided that the court has other available and viable alternative dispositions, giving consideration to available confinement time.
(a) The ward is an improper person to be retained by the Department.
(b) The ward is so incorrigible as to render his detention detrimental to the interests of the Department or other wards.
(c) The ward is so incapable of reformation under the discipline of the Department as to render his detention detrimental to the interests of the Department or other wards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Certificate of Compliance including amendment filed 10-10-79 (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4178.5. Determination of Improper Person.
Note • History
A ward may be determined to be an improper person when he no longer meets the criteria for Section 4168 of these regulations (intake criteria).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4179. Determination of Person Incapable of Reformation.
Note • History
A ward may be determined incapable of reformation when he no longer meets the criteria of Section 4168 of these regulations (intake criteria).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4179.5. Determination of an Incorrigible Person.
Note • History
A ward may be determined incorrigible when he recently and persistently presents a behavior pattern of one or a combination of the following:
(a) Physical attack on persons.
(b) Forcing or encouraging others to commit crimes or violate institutional rules.
(c) Inflicting substantial property damage.
(d) Possession of dangerous weapons or unlawful contraband.
(e) Persistent violation of institution rules.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4180. Behavior Detrimental to Interests of Department.
Note • History
Behavior of a ward may be determined detrimental to the interests of the Department when the behavior includes one or more of the following:
(a) Acts dangerous to other wards.
(b) Acts dangerous to staff.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (c) and (d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4180.5. Behavior Detrimental to Other Wards.
Note • History
Behavior of a ward may be determined to be detrimental to other wards when the behavior includes one or more of the following:
(a) Actions dangerous to other wards.
(b) Contributing to or causing criminal behavior or rule violations by other wards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (c) and (d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4181. Notice to the Criminal Court.
Note • History
When the Youth Authority Board orders a ward returned to court for an alternative disposition, the order and pertinent case information and reports will be forwarded to the committing court with copies t the district attorney and probation department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4182. Confinement Pending Alternative Disposition.
Note • History
A ward will be delivered by the Department to the county jail in the county where the committing court is located. A Youth Authority detention order will be issued to assure continued confinement until Youth Authority commitment is vacated by entry of an alternative disposition order by the court.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Article 3. Order for Return of Juvenile Court Commitments
§4183. Authority to Return. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4183.5. Retention of Youth Authority Commitment Until Vacated. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4184. Recommendation to Order Return to Court.
Note • History
Staff shall make a recommendation to the Board to return a ward committed by a juvenile court to the court when the ward is described by one or more of the following subsections, provided that the court has other available and viable alternative dispositions, giving consideration to available confinement time.
(a) The ward is an improper person to be retained by the Department.
(b) The ward is so incorrigible as to render his detention detrimental to the interests of the Department.
(c) The ward is so incapable of reformation under the discipline of the Department as to render his detention detrimental to the interests of the Department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4184.5. Determination of Improper Person.
Note • History
A ward may be determined to be an improper person when he no longer meets the criteria of Section 4171 of these regulations (intake criteria).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4185. Determination of an Incorrigible Person.
Note • History
A ward may be determined incorrigible when he recently and persistently presents a behavior pattern of one or a combination of the following:
(a) Physical attack on persons.
(b) Forcing or encouraging others to commit crimes or violate institutional rules.
(c) Inflicting substantial property damage.
(d) Possession of dangerous weapons or unlawful contraband.
(e) Persistent violation of institutional rules.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4185.5. Determination of Person Incapable of Reformation.
Note • History
A ward may be determined incapable of reformation when he no longer meets the criteria of Section 4171 of these regulations (intake criteria).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4186. Behavior Detrimental to Interests of Department.
Note • History
Behavior of a ward may be determined detrimental to the interests of the Department when the behavior includes one or more of the following:
(a) Acts dangerous to other wards.
(b) Acts dangerous to staff.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (c) and (d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4186.5. Notice to the Juvenile Court.
Note • History
When the Youth Authority Board orders a ward returned to court for an alternative disposition, the order and pertinent case information and reports will be forwarded to the committing court with copies to the District Attorney and probation department.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4187. Confinement Pending Juvenile Court Action.
Note • History
A ward ordered returned to juvenile court will remain in a facility designated by the Youth Authority pending action by the juvenile court.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
§4187.5. Transportation. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 780, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 4. Recommendation That Criminal Court Recall Commitment
§4188. Authority to Recommend Recall. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1737, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4188.5. Criteria for Recall Recommendation.
Note • History
The Department may recommend that the committing court recall a commitment when it is determined that the ward will no longer materially benefit by Youth Authority commitment as defined in Section 4171 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Chapter 1.8. Extended Confinement Time and Jurisdiction over Dangerous Persons
Article 1. Procedures
Note • History
A psychologist or psychiatrist completing a Welfare and Institutions (W&I) Code Section 1800 evaluation shall:
(a) Be licensed by the Board of Psychology for the State of California or be licensed by the Medical Board of the State of California and certified or eligible for certification by the American Board of Psychiatry and Neurology, and
(b) Have worked as a mental health practitioner for Division of Juvenile Justice (DJJ) or in a comparable forensic setting for two (2) years, and
(c) Have satisfactorily completed DJJ W&I Code Section 1800 Training, and
(d) Have successfully completed two (2) W&I Code Section 1800 evaluations supervised by the Chief Psychiatrist, Senior Supervising Psychiatrist, or a Chief Psychologist.
The evaluation shall ensure that a recommendation for support or non-support of a petition is based on:
(a) A clinician's current diagnosis and longitudinal review of the youth's current ability to control his or her current and future behavior
(b) A clinician's evaluation of the youth's current ability to control his or her behavior
(c) A causal link between the diagnosed deficiency/disorder/abnormality and the current level of dangerousness because of serious difficulty controlling his or her dangerous behavior, and a determination that the release of the youth would represent a physical danger to the public safety.
Evaluations performed pursuant to Welfare and Institutions Code Sections 1800 and 1800.5 shall not be performed by a psychiatrist or psychologist who is engaged in a current therapeutic relationship with the youth being evaluated.
Required components for a W&I Code Section 1800 evaluation shall include:
(a) Youth Receipt of Information form (DJJ 8.290, 11/08), hereby incorporated by reference
(b) Identifying information (i.e., name, date of birth, YA number, county of commitment, ACT date, jurisdiction date, initial admission date, initial commitment date, current housing unit, reason for referral, sources used in the preparation of the report, youth interviews, Treatment Team input and psychological testing if used)
(c) A complete Diagnostic and Statistical Manual of Mental Disorders (DSM) Diagnosis
(d) A Risk Assessment
(e) Definitive statement of support or opposition to pursue W&I Code 1800 Petition
(f) Basis and reasoning for the opinion and causal connection
(g) Date, signature, and title of the psychiatrist or psychologist completing the evaluation
(h) Forensic Evaluation Summary form (DJJ 8.292, 08/08) hereby incorporated by reference -- signed and dated.
The DJJ Health Care Services (HCS) Welfare and Institutions Code 1800 Coordinator -- otherwise known as the WIC 1800 Coordinator -- or a designee will forward a copy of the completed and signed W&I Code Section 1800 evaluation and case report, if indicated, to the Senior Supervising Psychiatrist, or designee, for review within two (2) business days of receipt of the evaluation.
The Senior Supervising Psychiatrist will return the completed and signed Forensic Evaluation Summary to the DJJ HCS WIC 1800 Coordinator within two (2) business days of receipt.
The DJJ HCS WIC 1800 Coordinator, within two (2) business days of receipt, will ensure that the completed and signed W&I Code Section 1800 evaluation and Forensic Evaluation Summary are forwarded as follows: If the conclusion of the evaluation does not support the W&I Code Section 1800 petition, then the evaluation and summary are forwarded to the Executive Officer, Juvenile Parole Board (JPB), to determine if the JPB is going to pursue a W&I Code Section 1800.5 review. If the conclusion of the evaluation does support the W&I Code Section 1800 petition, then the evaluation and summary are forwarded to the Chief Deputy Secretary (CDS) or designee for signature.
The CDS, or designee, will sign and return the memo requesting the filing of a W&I Code Section 1800 petition to the DJJ HCS WIC 1800 Coordinator within five (5) business days of receipt.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1800 and 1800.5, Welfare and Institutions Code.
HISTORY
1. Amendment of article heading, new article 1 (section 4190) and section filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2). For prior history of article 1, see Register 85, No. 26.
Article 2. Initial Application for Extension
§4191. Authority to Apply for Extension.
Note • History
If the Division of Juvenile Justice determines that at the time of the current Welfare and Institutions (W&I) Code Section 1800 evaluation, the youth has a currently diagnosed mental or physical deficiency, disorder or abnormality that causes the youth to have serious difficulty controlling his or her behavior such that the youth would he physically dangerous to the public if discharged, then the Chief Deputy Secretary or designee shall make a request to the District Attorney of the county of commitment to file a petition to the committing court for an order directing that the youth remain subject to the control of the DJJ.
If the decision is made at any level not to proceed with a W&I Code Section 1800 petition, and the Juvenile Parole Board (JPB) under W&I Code Section 1800.5 believes, based on some evidence, that the youth meets each of the criteria for a WIC 1800 extension, the JPB may request the CDS to review the case for further action upon a majority vote of a Full Board En Banc (FBEB). The JPB shall communicate specific and articulable facts that lead it to that belief, in writing, to the CDS and shall request a WIC 1800.5 review. A request for review by the CDS shall be made not less than 120 days before the date of final discharge, and review shall be completed and transmitted to the FBEB not more than 15 days after the request has been received.
If, after review, the psychiatrist or psychologist affirms the initial finding, concludes that a subsequent assessment does not demonstrate that a youth is subject to extended confinement pursuant to W&I Code Section 1800, or fails to respond to a request from the JPB within 15 calendar days, and the Board continues to find, based on a preponderance of evidence, that at the time of the current W&I Code Section 1800 evaluation the youth has a currently diagnosed mental or physical deficiency, disorder or abnormality that causes the youth to have serious difficulty controlling his or her behavior such that the youth would be physically dangerous to the public if discharged, then the Board may request the prosecuting attorney to petition the committing court for an order for a W&I Code Section 1800 time extension.
Then the JPB, upon a majority vote of the FBEB, shall send a request to the prosecuting attorney to petition the committing court for an order directing that the youth remain subject to the control of DJJ pursuant to Section 1800, which includes the specific and articulable facts as evidence that the youth meets each criteria for a W&I Code Section 1800 extension upon which it bases its conclusion.
The W&I Code, Section 1800 evaluations shall be completed within two (2) months of receipt of an order, but not more than seven (7) months before the Available Confinement Time (ACT) or jurisdiction expires.
All W&I Code, Section 1800 evaluations shall be completed and forwarded to the Juvenile Parole Board (JPB) or District Attorney (DA) three (3) months after the order has been received or four (4) months before the ACT, whichever is later.
All W&I Code, Section 1800.5 evaluations shall be completed and returned to the JPB within 15 calendar days of receipt of the order.
NOTE
Authority cited: Section 5075.1(j), Penal Code; and Section 1712, Welfare and Institutions Code. Reference: Sections 1800 and 1800.5, Welfare and Institutions Code.
HISTORY
1. New article 2 (section 4191) and section filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2). For prior history of article 2, see Register 85, No. 26.
§4192. Reasons for Application. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1800, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4192.5. Staff Recommendation. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1800, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2).
§4193. Evidence of Dangerousness. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1800, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2).
Article 3. Reapplication for Extension [Repealed]
§4195. Authority to Reapply for Extension. [Repealed]
Note • History
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 1802, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4196. Procedures and Reasons for Filing Reapplication. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1802, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 1-14-2011; operative 2-13-2011 (Register 2011, No. 2).
Chapter 1.9. State Prison Commitment With Youth Authority Housing
§4197. Acceptance or Rejection Action.
Note • History
The Department shall make a decision to accept or reject a referral for housing, within 16 work hours, or as soon thereafter as possible, after receipt of the information and documents described in Section 4197.1 of these regulations.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.5(c), Welfare and Institutions Code.
HISTORY
1. New chapter 1.9 (sections 4197-4198) and section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§4197.1. Requirement to Provide Information.
Note • History
At the time of sentencing to state prison with housing in the Youth Authority, the sentencing court and/or probation department shall provide the following information/documents for each person:
(a) Three copies of the Abstract of Judgement, one of which must be certified.
(b) Three copies of the sentencing minute order, one of which must be certified.
(c) Three copies of the information/charging document/felony complaint.
(d) A completed Youth Authority Referral Document (YA 1.411 Rev. 12/85).
(e) Three copies of the Probation Report which includes information regarding the offender's current offense, personal history, delinquent and criminal history, description of prior efforts to help the person change his/her behavior, i.e., programs used (e.g., probation, county camp, jail term, etc.), length of participation, degree and willingness to participate and evaluation of results.
(f) Three copies of prior probation report when most recent probation report does not supply adequate social history information.
(g) Three copies of prior probation report for any previously sustained sex offenses.
(h) Two copies of current description of any condition requiring medical care, e.g., disease, pregnancy, etc. (M.D. established delivery date required for pregnant females).
(i) Three copies of current description and diagnostic information concerning evidence that the offender may be developmentally disabled (i.e., I.Q. of 70 or less); is unable to communicate (e.g., speech or hearing defect); is psychotic or has another psychiatric disorder; or has a serious physical disability.
(j) Three copies of the psychiatric or psychological reports (when available).
The Department's intake decision may be delayed pending receipt of required information/documents.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 735, 174 and 1741, Welfare and Institutions Code.
HISTORY
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§4197.2. Discretion to Reject.
Note • History
The Youth Authority may accept or reject pursuant to Welfare and Institutions Code Section 1731.5(c).
Persons will be rejected for housing for one or more of the following reasons:
(a) The person is 17 years and 6 months or older at the time the referral is received by the Youth Authority, and the sentence imposed will result in an earliest possible release date that exceeds the person's 21st birthday.
(b) The person has been determined to be unamenable by Youth Authority staff during diagnostic evaluation pursuant to Welfare and Institutions Code Section 707.2.
(c) The person has been determined to be unamenable by Youth Authority staff through review of case materials provided by the sentencing court/probation department in accordance with Section 4197.1.
(d) The person is a current or former Youth Authority ward or inmate who has been released on parole.
(e) Adequate facilities and treatment services are not available to provide required care (i.e., acute or chronic medical/psychiatric needs).
(f) The person represents a physical danger to the health and safety of staff or wards as demonstrated by a history of unacceptable behavior (i.e., escape, possession of weapons, aggression toward staff or peers) in correctional or juvenile rehabilitation programs.
(g) The person's custody and security requirements exceed those available in Youth Authority facilities.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 707.2, 1731.5(c) and 1741, Welfare and Institutions Code.
HISTORY
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
2. Repealer and new subsection (a) filed 6-27-97; operative 7-27-97 (Register 97, No. 26).
§4197.3. Notice of Action and Delivery Approval.
Note • History
The Department shall notify the referring court and probation department of its acceptance or rejection decision. When a case has been accepted the notice shall designate the time and place for delivery to a Youth Authority facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1738, Welfare and Institutions Code.
HISTORY
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§4197.4. Time Limit on Acceptance.
Note • History
Notice that a case has been accepted shall become void 90 days from the date it was issued unless the person has been delivered to a Department reception center-clinic. If not delivered within 90 days, the case may be resubmitted for acceptance action as provided by Sections 4197 and 4197.3 of these regulations. Information required by Section 4197.1 shall be current to the date of resubmission.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1731.5, Welfare and Institutions Code.
HISTORY
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§4198. Transfer to State Prison.
Note • History
Persons accepted for housing pursuant to Welfare and Institutions Code Section 1731.5(c) may be transferred to state prison at the discretion of the Department for one or more of the following reasons:
(a) Continued housing of the inmate represents a threat to the safety of Youth Authority staff and/or wards.
(b) Persistent violation of institutional rules.
(c) Necessary facilities and/or services are no longer available.
(d) The inmate refuses to participate in programs.
(e) The inmate requests transfer.
(f) The inmate has completed all appropriate Youth Authority programs.
(g) The inmate reaches a level of emotional/physical maturity that makes him/her suitable for placement within the Department of Corrections.
(h) The inmate is committed to state prison in additional court action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1737.5, Welfare and Institutions Code.
HISTORY
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
Chapter 2. Prevention and Community Corrections
Subchapter 1. General Provisions
Article 1. Appeal Hearing Procedures [Repealed]
HISTORY
1. Change without regulatory effect repealing article 1 (sections 4200-4202) filed 10-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
Article 2. Status Offender Reporting Procedures
Note • History
The status offender reporting procedures are based on the provisions of Section 207(e) of the Welfare and Institutions Code there are two subdivisions (e) in Section 207. Subdivision (e) as referred to in these regulations pertain to the requirement that counties shall keep a record of each minor detained under subdivision (c) which reads as follows:
“(e) Every county shall keep a record of each minor detained under subdivision (c) 207 WIC, the place and length of time of such detention, and the reasons why such detention was necessary. Every county shall report, on a monthly basis, this information to the Department of the Youth Authority, on forms to be provided by that agency.
“The Youth Authority shall not disclose the name of the detainee, or any personally identifying information contained in reports sent to the Youth Authority under this subdivision.”
NOTE
Authority cited: Sections 1751 and 1752.7, Welfare and Institutions Code. Reference: Section 207(e), Welfare and Institutions Code.
HISTORY
1. New Subchapter 1 (Article 2, Sections 4208-4213) filed 3-12-79 as an emergency; effective upon filing (Register 79, No. 11).
2. Certificate of Compliance filed 6-19-79 (Register 79, No. 25).
Note • History
The definitions given in this article apply to the procedures for reporting secure detention of status offenders; they are not intended to apply to other statutes or administrative code provisions.
(a) Status Offender. “Status offender” means a person (minor) alleged or adjudged to be a person described in Section 601 of the Welfare and Institutions Code.
(b) Secure Facility. “Secure facility” means any juvenile hall, police or sheriff's station or substation, holding room, or comparable facility. Pursuant to Section 207(c) of the Welfare and Institutions Code, status offenders cannot be detained in a facility in which adults are held in secure custody, and pursuant to Section 208 of the Welfare and Institutions Code, minors are not to come in contact or remain in contact with confined adults.
(c) Secure Detention. “Secure detention” means any situation in which a minor is booked, admitted, entered, or held in a secure facility behind a locked door, gate, or fence. This does not include detention in open reception areas, interrogation rooms, or public areas of a station or facility, police cars, field interrogations or investigations.
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Section 207, Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-19-79; effective upon filing (Register 79, No. 25).
§4210. Reporting Requirements.
Note
For the purpose of reporting the detention of status offenders, counties shall provide information as requested by the Department, in format to be provided by the Department, including but not limited to the following:
(a) Name of each minor detained.
(b) Place and length of time of such detention.(c) Reason why such detention was necessary.
NOTE
Authority cited: Sections 207, 1751 and 1752.7, Welfare and Institutions Code. Reference: Sections 207, 1752, Welfare and Institutions Code.
§4211. Confidentiality of Records.
Note
The Department shall not disclose the name of the detainee, or any personally identifying information contained in reports sent to the Department under this chapter article.
NOTE
Authority cited: Sections 207 and 1751, Welfare and Institutions Code. Reference: Section 207, Welfare and Institutions Code.
Note
Each county board of supervisors shall designate a county report coordinator to coordinate the reporting program with the Department, and in accordance with the following:
(a) Status offender detention report forms shall be furnished to the county coordinator by the Department for distribution to agencies within the county that detains status offenders for completion.
(b) The county report coordinator shall be responsible for forwarding completed forms to the Department by the 15th of each month for each status offender detained during the preceding month.
(c) If no status offenders were detained during the preceding month, the county report coordinator shall submit one status offender detention report form indicating no detentions.
NOTE
Authority cited: Sections 207 and 1751, Welfare and Institutions Code. Reference: Section 207, Welfare and Institutions Code.
§4213. Exclusion from Reporting.
Note
No monthly report shall be required from a county that stipulates in writing to the Department that status offenders are not being detained in any facilities within the county solely on the basis of Section 207 of the Welfare and Institutions Code.
NOTE
Authority cited: Sections 207, 1751, and 1752.7, Welfare and Institutions Code. Reference: Sections 207 and 1752.7, Welfare and Institutions Code.
Subchapter 1.5. County Correctional Facility Capital Expenditure Bond Act of 1986 (Juvenile Facilities)
Article 1. General Provisions
Note • History
These regulations are applicable only to funds appropriated for juvenile facilities by the County Correctional Facility Capital Expenditure Bond Act of 1986.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Sections 3, 9 and 11(a).
HISTORY
1. New Subchapter 1.5 (Articles 1-6, Sections 4215-4220, not consecutive) filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
(a) “Allocation cycle” means a set period of time during which the Department allocates and reallocates funds to the counties; declares proposed projects to be eligible or not eligible for funds; and if eligible, sets funds aside for approved projects.
(b) “Architectural design” means the preparation of architectural drawings, specifications and value engineering. It includes preliminary plans (schematic drawings), plans at intermediate stages, models, final working drawings, specifications and engineering.
(c) “Department” means Department of the Youth Authority.
(d) “Detained” means that a minor is delivered to the probation officer as provided by Section 628 of the Welfare and Institutions Code.
(e) “Director” means Director of the Department of the Youth Authority.
(f) “Juvenile facilities” means those facilities established pursuant to Sections 636.2, 654, 850, 881, and 894 of the Welfare and Institutions Code which are owned by a county. City and county jails and lockups as defined in Section 207.1(h) of the Welfare and Institutions Code are not included.
(g) “Match” means those assets that are contributed by one or more counties to the total cost of a project.
(h) “Per capita share” and “pro rata share” refer to the same thing. They mean the proportionate amount of money that may be allocated to each eligible county based on the population of that county.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 12 and Ch. 1519, Sections 3(a), (b), and 9; Section 4481(c), Penal Code; and Section 628, Welfare and Institutions Code.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 2. Allocation of Funds
§4216. Initial Allocation of Funds.
Note • History
Funds shall be allocated initially to all of the counties for which they were appropriated, on a per capita basis, using July 1, 1986 population estimates by the Department of Finance, as follows:
(a) COUNTIES WITH JUVENILE FACILITIES
Estimated Percent
Population of Total
County July 1, 1986 Population
Alameda 1,212,000 .04538
Butte 165,000 .00620
Contra Costa 729,800 .02733
Del Norte 19,100 .00072
ElDorado 108,000 .00404
Fresno 584,000 .02187
Humboldt 113,200 .00424
Imperial 108,300 .00406
Kern 409,900 .01838
Kings 85,700 .00321
Lake 49,000 .00183
LosAngeles 8,292,800 .31054
Madera 78,700 .00295
Marin 227,300 .00851
Mendocino 74,400 .00279
Merced 163,300 .0-0612
Monterey 336,300 .01259
Napa 104,500 .00391
Nevada 70,900 .00266
Orange 2,171,200 .08130
Placer 142,800 .00535
Riverside 864,600 .03238
Sacramento 916,700 .03433
San Bernardino 1,138,000 .04262
San Diego 2,205,900 .08261
San Francisco 744,600 .02788
San Joaquin 431,000 .01614
San Luis Obispo 195,100 .00731
San Mateo 615,400 .02305
Santa Barbara 338,000 .01266
Santa Clara 1,403,300 .05255
SantaCruz 218,100 .00817
Shasta 132,600 .00497
Siskiyou 42,500 .00159
Solano 286,000 .01071
Sonoma 344,800 .01291
Stanislaus 315,100 .01179
Sutter 58,800 .00220
Tehama 44,700 .00167
Tulare 285,700 .01070
Ventura 615,400 .02305
Yolo 125,800 .00471
Yuba 54,000 .00202
TOTALS 26,703,900 100.0%
(b) COUNTIES WITHOUT JUVENILE FACILITIES
Estimated Percent
Population of Total
County July 1,1986 Population
Alpine 1,200 .00433
Amador 23,900 .08631
Calaveras 27,900 .10076
Colusa 15,000 .05417
Glenn 23,000 .08306
Inyo 18,000 .06501
Lassen 24,900 .08992
Mariposa 13,700 .04948
Modoc 9,400 .03395
Mono 9,200 .03323
Plumas 19,400 .07006
San Benito 32,100 .11593
Sierra 3,400 .01228
Trinity 13,500 .04875
Tuolumne 42,300 .15276
TOTALS 276,900 100.0%
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 9(d) and (e).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4216.1. Reallocation of Funds.
Note • History
Funds that are not set aside during a previous allocation cycle shall be reallocated to those counties that applied for funds and were declared eligible by the Department. The reallocation of funds shall be made on a pro rata basis. Pro rata shares shall be based July 1, 1986 population estimates using the tables in Section 4216.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 9(b) and (d).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4216.3. Failure to Execute Contract.
Note • History
Funds that were set aside for a county and then not expended in accordance with the terms of a contract shall be reallocated during the next allocation cycle after they become available.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 9(d) and (e).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 3. Eligibility for Funds
Note • History
All counties shall provide twenty-five percent (25%) of the total cost in matching funds for projects approved by the Department in order to be eligible. At least ten percent (10%) of total project costs shall be hard match and the remainder may be soft match.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Section 9(g).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
Expenditures by a county for the following are eligible to be counted as hard match:
(a) Construction of the approved project.
(b) Acquisition of building sites not previously owned by the county.
(c) Architectural design.
(d) Fixed equipment and furnishings necessary for the operation of new facilities.
(e) Site preparation and reasonable landscaping costs for new facilities.
NOTE
Authority cited: Section 1719(b), Welfare and Institutions Code. Reference: Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Section 9(g).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
Expenditures by a county for the following are eligible to be counted as soft match:
(a) Current market value of sites already owned by the county for new projects to alleviate overcrowding or projects by counties that do not have existing juvenile facilities.
(b) Environmental Impact Report costs.
(c) Building maintenance analysis of the adequacy of existing structures.
(d) County management and administrative costs up to four percent (4%) of the total project cost.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Section 9(g).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4217.4. Counties That Have Juvenile Facilities.
Note • History
Counties that currently have juvenile facilities shall meet one or both of the following conditions in order to be eligible:
(a) One or more juvenile facilities in the county are overcrowded as noted in the most recent annual inspection report prepared by the Department. A juvenile detention facility is deemed to be overcrowded if one or more of the following apply:
(1) The number of minors detained in that facility during calendar year 1986 exceeded the maximum living unit capacity of that facility for fifteen (15) days during any thirty (30) consecutive day period, as provided by Section 4309(b)(3), Title 15, California Administrative Code.
(2) The Director determines that during 1986 the facility would have exceeded the maximum living unit capacity as provided by Section 4217.4(a)(1) of these regulations if minors had not been transferred to a juvenile detention facility in another county.
(3) The Director determines that during 1986 the facility would have exceeded the maximum living unit capacity as provided by Section 4217.4(a)(1) of these regulations if minors had not been transferred to another living unit within the same facility when by doing so, it was necessary to place minors in a living unit which was not appropriate for them due to age, delinquent sophistication, health, or security need.
(b) There are significant health and safety deficiencies in one or more juvenile facilities in the county as noted in the most recent annual inspection report prepared by the Department including fire, safety, health or similar reports prepared by specialists.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Section 9(b).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
Costs eligible for funding through the Act shall have been committed on or after October 1, 1986.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1512, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 4. Application for Funds
Note • History
Counties may apply for funds to be used jointly under the provisions of a Joint Powers Agreement or by contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 870, Welfare and Institutions Code; and Statutes of 1986, Ch. 1519, Section 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
(a) Initial applications for funds shall be submitted to the Department by September 4, 1987, provided, however, this date may be extended by the Director upon prior notice to the counties by August 14, 1987.
(b) Counties eligible to apply for reallocated funds shall be notified thirty (30) days in advance of the date by which applications for such funds shall be submitted to the Department. The notice shall specify the amount of funds reallocated to each eligible county.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4218.3. Initial Application for Funds.
Note • History
The initial application for funds shall be made in the form and manner prescribed by the Department, as follows:
(a) A certification that juveniles in the county are not placed in county jails unless otherwise authorized by Section 207.1 of the Welfare and Institutions Code, or a county plan to prohibit this practice.
(b) A description of the adequacy of facilities available for mentally ill detained minors if required pursuant to Section 598 reserved, Title 15 of the California Administrative Code.
(c) A description of the adequacy of facilities available for minors detained for intoxication if required pursuant to Section 598 reserved, Title 15 of the California Administrative Code.
(d) An assessment of the needs that justify expending funds for the proposed project.
(e) An analysis of possible alternatives to the construction for which funds are requested. This shall include a discussion of the degree to which alternatives to incarceration are used or have been explored by the county and their availability or lack thereof.
(f) A description of the proposed project, including:
(1) Scope and an estimated timetable for completion of major phases of the project.
(2) Discussion of the extent to which the need will be met by the proposed project.
(g) A budget prepared in sufficient detail to fully explain the financial aspects of the project. This shall specify the amount of state funds requested and the amount and kind of county match provided.
(h) A signed resolution by the Board of Supervisors authorizing submission of the application for funds under the Act. The resolution shall specify the amount and kind of match that the county will provide and indicate that it is the county's intent to finance ongoing operational costs for facilities that are constructed with funds under the Act. Separate resolutions shall be submitted if the proposed project will be undertaken jointly by two or more counties.
(i) A completed Face Sheet including the name, address, telephone number, signature of the county official authorized to act in behalf of the county in all matters related to this application and the date that the application was signed.
(j) An original and two (2) copies of all documents making up the application.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4485.6(a), Penal Code; and Statutes of 1986, Ch. 1519, Sections 9(c) and (f).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4218.5. Review and Modification of Application.
Note • History
If an application is found by the Department to be incomplete, the Department shall so notify the county, in writing, and shall specify the deficiencies involved. The county may correct the deficiencies and resubmit the application provided that corrections in the application can be completed by the due dates negotiated between the Director and county.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Section 9(f).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4218.7. Application for Additional Funds.
Note • History
Applications for additional funds shall include the information required pursuant to Section 4218.3. Information which was supplied in a prior application need not be repeated if it remains accurate.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Section 9(f).
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4218.9. Project Eligibility Declaration.
Note • History
The Department shall declare a project to be eligible or not eligible for funding no later than thirty (30) days after receipt of a properly completed application by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Section 9(c).
HISTORY
1. New section filed 7-31-87, operative 7-31-87 (Register 87, No. 32).
Article 5. Administration of Funds
§4219. Costs That May and May Not Be Funded.
Note • History
(a) Costs eligible for state funding shall include the following:
(1) Construction of new buildings.
(2) Alterations or improvements to existing structures.
(3) Permits and licenses.
(4) Insurance during construction.
(5) Equipment and fixtures attached to and forming a permanent part of the structure.
(6) Landscaping.
(7) Pipelines, wells, paving, sewers, drains and fences.
(b) Costs not eligible for state funding shall include the following:
(1) Architectural design.
(2) Interest on bonds or other forms of indebtedness.
(3) County administrative costs.
(4) County costs associated with application development and completion of needs assessment.
(c) The Director may approve additional costs for funding that are directly attributable to actual construction. Costs for planning and development of the project shall not be eligible for state funding.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
There shall be a contract between the Department and the county that includes a description of the project, the number of working days for completion, and amount of the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.2. Disbursement of Funds.
Note • History
Upon approval of the county's application by the Department and execution of a contract, funds shall be disbursed in accordance with a schedule established by the Department.
(a) Requests for fund payments shall include such supporting documentation as may be required by the Department and, in the event of deficiencies in the request, the county shall be notified by the Department of the deficiencies.
(b) Fund payments shall be made in arrears during construction.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.3. Project Modifications.
Note • History
Project modifications that are proposed after a contract has been signed which substantially alter the scope of the project, substantially alter the design, location, size, capacity, or quality of major items of equipment, or increase the amount of state funds needed to complete the project, shall have prior written approval by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
All funds received by he county shall be deposited into separate accounts which identify the funds and clearly show the manner of their disposition. Supporting records shall be maintained by the county in sufficient detail to demonstrate that the funds were used for the purposes for which they were awarded and in accordance with the provisions of the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
The Department shall monitor county administration of funds to assure that the project is carried out in accordance with the approved application, contract, these regulations, and the statutes.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.6. Completion of Project.
Note • History
The county shall proceed expeditiously with, and complete the project in accordance with the application and contract approved by the Department. If the county does not proceed expeditiously with the project as agreed in the contract, the Department shall give written notice of failure to comply with terms of the contract and may terminate the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.7. Final Financial Statement.
Note • History
Each county shall render an acceptable final account to the Department not later than one hundred and twenty (120) days following completion of the project or later, as may be authorized by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
The State of California reserves the right to audit accounting records of participating counties relating to the administration of the Act. For audit purposes, the county shall provide access to the facility, premises and records related to any project funded under the Act. This shall extend to the grantee's contractors, including personal services contracts. The county shall provide reasonable assurance of having a systematic method to afford timely and appropriate resolution of audit findings and recommendations.
Any improper expenditure of state funds disclosed in such audits shall be recovered by the Department through withholding future payments and/or repayment by the county at the discretion of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Note • History
Any funds not expended by a county pursuant to an approved contract and funds determined to have been inappropriately or erroneously spent shall be repaid to the Department. Such repayment may be by county warrant and/or may be withheld from subsequent payment at the discretion of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 6. Appeal of Decisions
Note • History
A county may appeal Department decisions made with respect to the Act using the procedures set forth in Title 15, Sections 4200, 4201, 4202 of the California Administrative Code.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
HISTORY
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Subchapter 1.6. County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988 (Juvenile Facilities)
Article 1. General Provisions
Note • History
These regulations are applicable only to funds made available to juvenile facilities by the County Correctional Facilities Capital Expenditure and Youth Facility Bond Act of 1988 as set forth in Penal Code section 4496, et. seq.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4497(a), 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
(a) “Department” means Department of the Youth Authority.
(b) “Director” means Director of the Department of the Youth Authority.
(c) “Overcrowded” means that a county does not have the type of juvenile facilities or capacity in its juvenile facilities that is required to detain minors safely and efficiently, as demonstrated by one or more of the following:
(1) The number of minors detained in one or more juvenile facilities in the county exceeded the maximum population limitations established by the Department of the Youth Authority in accordance with sections 210 and 872 of the Welfare and Institutions Code for fifteen (15) days or more during any thirty (30) consecutive day period in calendar year 1987 or 1988.
(2) The county does not have efficient and adequate facilities for youth with special problems.
(3) The county did not have juvenile facilities on January 1, 1987.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4496.12(a)(2), 4497(a), 4497.20(a), 4497.26, 4497.28, 4497.12, 4497.32(a), 4497.32(c), Penal Code; Sections 210, 636.2, 654, 850, 870, 872,881, 894, 1712, 1760.7, 1851 and 5590 through 5599, Welfare and Institutions Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 2. Eligibility for Funds
Note • History
All counties shall provide twenty-five percent (25%) of the total cost in matching funds for projects approved by the Department in order to be eligible. At least 10 percent (10%) of total project costs shall be hard match and the remainder may be soft match.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4496.12(l)(3) and 4497.38, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
2. Editorial correction of Note (Register 97, No. 13).
Note • History
Expenditures by a county for the following are eligible to be counted as hard match;
(a) Construction of the approved project.
(b) Acquisition of building sites for the approved project not previously owned by the county.
(c) Architectural design of the approved project.
(d) Fixed equipment and furnishings necessary for the operation of new facilities.
(e) Site preparation and reasonable landscaping costs for new facilities.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference:Sections 4496.12(l)(3) and 4497.38, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
2. Editorial correction of Note (Register 97, No. 13).
Note • History
Expenditures by a county for the following are eligible to be counted as soft match:
(a) Current market value of building sites already owned by a county used for projects to alleviate overcrowding.
(b) Environmental Impact Report costs.
(c) Building maintenance analysis of the adequacy of existing structures.
(d) County management and administrative costs of up to four percent (4%) of the total project cost.
(e) Costs to conduct an assessment of the county's needs for juvenile facilities.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4496.12(a)(3) and 4497.38, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
Costs eligible for funding through the Act shall have been committed on or after November 8, 1988.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497(a) and 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 3. Application for Funds
§4225. Time Limit for Applications.
Note • History
Application for funds shall be submitted to the Department no later than December 15, 1990.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497(a) and 4497.20(a), 4497.32(a) and (b), and 4497.40, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4225.1. Separate Applications for Difference Purposes.
Note • History
Counties applying for funds shall submit separate applications to the Department:
(a) Construct juvenile facilities in counties without such facilities on January 1, 1987.
(b) Construct facilities for youth with special problems.
(c) Alleviate overcrowding where the number of minors detained during calendar year 1987 or 1988 exceeded maximum population limits.
(d) Eliminate health, fire and life safety deficiencies.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.36, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
Counties may apply for funds to be used jointly under the provisions of a Joint Powers Agreement or by contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497(a) and 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4225.6. Content of the Application.
Note • History
An original and two copies of the application for funds shall be made in the form and manner prescribed by the Department and shall include:
(a) An assessment of the needs that justify spending funds for the proposed project(s).
(b) A description of the proposed project(s), including:
(1) Scope and an estimated timetable for completion of major phases of the project(s).
(2) Discussion of the extent to which the need will be met by the proposed project(s).
(c) A budget prepared in sufficient detail to fully explain the financial aspects of the project(s). This shall specify the amount of state funds requested and amount and kind of county match provided.
(d) For counties applying for funds to alleviate overcrowding:
(1) A preliminary staffing plan for the proposed facility, along with an analysis of the other operating costs anticipated for that facility.
(2) A plan including the use of five (5) or more procedures or methods to minimize the use of detention.
(e) For counties applying for funds to eliminate health, fire and life safety deficiencies, a report from a certified health or safety inspector.
(f) A signed resolution by the Board of Supervisors authorizing submission of the application for funds. If the proposed project(s) will be undertaken jointly by two or more counties each county is required to submit a resolution. The resolution shall:
(1) Specify the amount and kind of match that the county will provide.
(2) For counties applying for funds to alleviate overcrowding, the resolution shall verify that the Board of Supervisors has received and approved of the preliminary staffing plan and analysis of operating costs.
(3) For counties applying for funds to alleviate overcrowding, the resolution shall verify that the Board of Supervisors has received and approved of a plan including the use of five (5) or more procedures or methods to minimize the use of detention.
(g) A completed face sheet including the name, address, telephone number, signature of the county official authorized to act in behalf of the county in all matters related to this application and the date that the application was signed.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497(a) and 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4225.8. Review and Modification of Application.
Note • History
If an application is found by the Department to be incomplete, the Department shall so notify the county, in writing, and shall specify the deficiencies involved. The county may correct the deficiencies and resubmit the application provided that corrections in the application are completed by the due date set by the Director.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.36, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 4. Funding Decisions
§4226. Project Eligibility Declaration.
Note • History
The Department shall declare a project to be eligible or not eligible for funding no later than sixty (60) days after receipt of a properly completed application.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20 and 4497.40, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4226.1. Regional Facilities for Youth with Special Problems.
Note • History
(a) If the eligible applications received by the Department to fund regional facilities for youth with special problems total more than $10,000,000 in the same aggregate year, the Director shall appoint an advisory committee to recommend which applications shall be funded. The advisory committee shall be composed of one county supervisor, one county administrator and three county chief probation officers from the counties which do not apply for such funds.
(b) The advisory committee shall apply the following factors in making their recommendations;
(1) Greatest documented need
(2) Broad geographical distribution of projects
(3) Number of youth to be served
(4) Potential impact on commitments to the Youth Authority
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a) and 4497.26, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 5. Administration of Funds
§4227. Costs That May and May Not Be Funded.
Note • History
(a) Costs eligible for state funding shall include the following:
(1) Construction of new buildings.
(2) Alterations or improvements to existing structures.
(3) Permits and licenses.
(4) Insurance during construction.
(5) Equipment and fixtures attached to and forming a permanent part of the structure.
(6) Landscaping.
(7) Pipelines, wells, paving, sewers, drains and fences.
(b) Costs not eligible for state funding shall include the following;
(1) Architectural drawings, specifications and value engineering. This includes preliminary plans (schematic drawings), plans at intermediate stages, models, final working drawings, specifications and engineering.
(2) Interest on bonds or other forms of indebtedness.
(3) County administrative costs.
(4) County costs associated with application development and completion of needs assessment.
(5) County costs associated with audits.
(c) The Directory may approve additional costs for funding that are directly attributable to actual construction. Costs for planning and development of the project shall not be eligible for state funding.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
There shall be a contract between the department and the county that includes a description of the project, the number of working days for completion, and the amount of the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), 4497.34(b) and 4497.36, Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4227.2. Disbursement of Funds.
Note • History
Upon approval of the county's application by the Department and execution of a contract, funds shall be disbursed in accordance with a schedule established by the Department.
(a) Requests for fund payments shall include such supporting documentation as may be required by the Department and, in the event of deficiencies in the request, the county shall be notified by the Department of the deficiencies,
(b) Fund payments shall be made in arrears during construction.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4227.3. Project Modifications.
Note • History
Project modification that are proposed after a contract has been signed which alter the scope, design, location, size, capacity of the project, or quality of major items of equipment, or increase the amount of state funds to complete the project, shall have prior written approval by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
All funds received by the county shall be deposited into separate accounts which identify the funds and clearly show the manner of their disposition. Supporting records shall be maintained by the county in sufficient detail to demonstrate that the funds were used for the purposes for which they were awarded and in accordance with the provisions of the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
The Department shall monitor the county's administration to funds to assure that the project is carried out in accordance with the approved application, contract, these regulations, and the statutes.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4227.6. Completion of Project.
Note • History
The county shall proceed expeditiously, and complete the project in accordance with the application and contract approved by the Department. If the county does not proceed expeditiously with the project as agreed in the contract, the Department shall give written notice of failure to comply with terms of the contract and may terminate the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4227.7. Edit Financial Statement.
Note • History
Each county shall render an acceptable final accounting to the Department not later than one hundred and twenty (120) days following completion of the project or later, as may be authorized by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Note • History
(a) The county shall conduct an impartial audit of the project and submit a final audit report to the Department within one hundred eighty (180) days following substantial completion or occupancy of the project or later, as may be authorized by the Department.
(b) The State of California reserves the right to audit accounting records of participating counties relating to the administration of the Act. For audit purposes, the county shall provide access to the facility, premises and records related to any project funded under the Act. This shall extend to the grantee's contractors, including personnel services contracts. The county shall provide reasonable assurance of having a systematic method to afford timely and appropriate resolution of audit findings and recommendations.
(c) Any improper expenditure of state funds disclosed in such audits shall be recovered by the Department through withholding future payments and/or repayment by the county at the discretion of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 6. Appeal of Decisions
Note • History
A county may appeal Department decisions made with respect to the Act using the procedures set forth in Title 15, sections 4200, 4201 and 4202 of the California Code of Regulations.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 4497.20(a), Penal Code.
HISTORY
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Subchapter 2. Youth Service Bureaus
Article 1. Definitions [Repealed]
HISTORY
1. Repealer of article 1 (sections 4230-4233) filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 2. Operations Standards
§4250. Legal Entity. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900 and 1901, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4120 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Repealer filed 1-21-87; effective thirtieth day thereafter (Register 87, No. 4).
§4251. Administration. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900, 1901 and 1902, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4121 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Note • History
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900, 1901 and 1902, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a)(2) filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4122 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4253. Citizens Advisory Board.
Note • History
Each Bureau shall have a Citizens Advisory Board which shall be responsible to advise the Bureau in regard to overall policy and program direction.
(a) The Citizens Advisory Board shall consist of at least seven appointed by the Bureau.
(b) The Citizens Advisory Board members shall include, but not be limited to, representatives from juvenile justice, social service agencies, law enforcement, education, youth, youth serving groups, and community residents. At least one-half of the members shall be community residents. Members shall serve without compensation, but may be reimbursed for necessary expenses incurred in carrying out their duties.
(c) The Citizens Advisory Board shall be involved in developing the Bureau's programs and policies, including, but not limited to, specific youth development programs, guidelines for referrals to the Bureau, limits on the authority of the Bureau in relation to agreements between the Bureau, the child and his or her parents, and the referring agency, and safeguards in regard to the child's rights to due process.
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900 and 1902, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b) filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4123 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
Note • History
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900 and 1902, Welfare and Institutions Code.
HISTORY
1. Amendment filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4124 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4255. Services and Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1901 and 1902, Welfare and Institutions Code. Reference: Sections 1900-1902, Welfare and Institutions Code.
HISTORY
1. Amendment of (b)(2)(E) and new (b)(4)(C) filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4125 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4255.5. Contract Modification. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1902, Welfare and Institutions Code. Reference: Sections 1900-1902, Welfare and Institutions Code.
HISTORY
1. New section filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4256. Evaluation and Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1901, 1902 and 1905, Welfare and Institutions Code. Reference: Sections 1900-1902, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4126 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4257. Application for Funding. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1901, 1902 and 1903, Welfare and Institutions Code. Reference: Sections 1900-1903, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4127 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4258. Application Criteria for Youth Service Bureaus. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1901, 1902 and 1903, Welfare and Institutions Code. Reference: Sections 1900-1903, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (c) filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4128 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Note • History
From funds made available to it, the Youth Authority shall share in the cost of each Youth Service Bureau to which it has awarded funding pursuant to this subchapter at the rate of no more than 50% of the actual fiscal year cost, or up to the maximum contracted amount, whichever is the lesser.
NOTE
Authority cited: Sections 1712, 1902 and 1904, Welfare and Institutions Code. Reference: Sections 1902, 1903 and 1904, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (8) filed 5-5-76 as an emergency; designated effective 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4129 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
§4260. Procedures for Payment of Funds.
Note • History
(a) The Department of the Youth Authority shall notify applicants whether or not their Bureau has been selected to receive funding by the state. Any questions by the Department of the Youth Authority concerning application shall be made to the person designated to receive funds and coordinate planning for the Bureau. However, until the Budget Act has been passed by the Legislature and signed by the Governor, or funds are otherwise made available, the Department of the Youth Authority cannot guarantee the availability of funds for Youth Service Bureaus.
(b) A contract between the Youth Authority and the governing body of the Youth Service Bureau shall be required upon approval of the proposal by the Youth Authority.
(c) The Youth Authority shall be notified of the final budget approved by the Youth Service Bureau governing body.
(d) Payments to funded Youth Service Bureaus shall be in accordance with Section 4443 of these regulations. When funds are available the following shall apply:
(1) Financial statements shall contain a record of both the expenditures utilizing state money and the expenditures from other sources used as match. Funds shall be used or encumbered within the fiscal year in which the grant is awarded. Unused or unencumbered funds, at the end of this period, shall be returned to the state.
NOTE
Authority cited: Sections 1712, 1902, 1903 and 1904, Welfare and Institutions Code. Reference: Sections 1902, 1903 and 1904, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4130 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
Note • History
The state reserves the right to audit accounting records of contracting organizations pertaining to claims made for sharing of costs pursuant to Section 4259 for Youth Service Bureau. Any errors disclosed in such audits shall be recovered by the state through deductions from future claims submitted by the Youth Service Bureau. If the program has been completed at the time of the post audit, the applicant shall be required to refund to the Department of the Youth Authority amounts determined to be owed to the Youth Authority as a result of the audit.
(a) Any appeal resulting from disputed audits shall be submitted in accordance with Subchapter 1, Article 1, Section 4202.
NOTE
Authority cited: Sections 1712 and 1902-1904, Welfare and Institutions Code. Reference: Sections 1902-1904, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4131 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
§4262. Youth Service Bureau Inspection and Evaluation.
Note • History
(a) Evaluation of each Youth Service Bureau shall be performed by the Youth Authority at least once a year. Any duly authorized representative of the Department of the Youth Authority may, upon proper identification, inspect a Youth Service Bureau at any time, with or without advance notice. Provisions shall be made for private interviews with Bureau participants and staff members, and for examination of all records relating to the operation of the Bureau. The purpose of these evaluations shall be to verify that the Bureau is operating in accordance with its contract, with these regulations, and with law, and to evaluate the effectiveness of the Bureau in achieving the goals of the Youth Service Bureau Act.
(b) If, after inspection and evaluation, the Department of the Youth Authority finds that a Bureau receiving funds pursuant to this subchapter is not being operated in accordance with its contract, or with these regulations and with the law, the Department shall give notice of its findings to the Bureau director and to the contracting organization and unless deficiencies are corrected, commencing 60 days thereafter state funds for the maintenance and operation of the Youth Service Bureau may be discontinued at the discretion of the Director of the Youth Authority.
(c) If given notice that funding is in jeopardy, a Bureau may, within 30 days, correct deficiencies and call for a reinspection, which shall be scheduled within 30 days of said request. Also, each funded Bureau shall have the right, without prejudice, to bring to the attention of the Department of the Youth Authority any alleged misapplication or capricious enforcement of regulations by any departmental representative, or any substantial difference of opinion, as may occur between the Bureau and any departmental representative concerning the proper application of these standards and related regulations.
NOTE
Authority cited: Section 1712, 1902 and 1905, Welfare and Institutions Code. Reference: Section 1905, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4132 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 46).
Note • History
NOTE
Authority cited: Sections 1712, 1902, 1903 and 1904, Welfare and Institutions Code. Reference: Section 1903, Welfare and Institutions Code.
HISTORY
1. Renumbering from Section 4133 filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
2. Amendment filed 11-12-86; effective thirtieth day thereafter (Register 86, No. 26).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Subchapter 3. Minimum Standards for Juvenile Halls [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 3 (articles 1-11, sections 4266-4315.5) filed 7-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 27).
Subchapter 4. Minimum Standards for Juvenile Homes, Ranches, Camps, or Forestry Camps [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 4 (articles 1-9, sections 4316-4363) filed 7-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 27).
Subchapter 4.5. County Contributions to Department of Youth Authority: Reduced County Camps Capacity and Increased Commitments
Article 1. General Provisions
Note • History
This Subchapter implements and makes specific Section 881.5, Welfare and Institutions Code as it relates to:
(a) Reductions in capacity of juvenile homes, ranches, camps, or forestry camps established pursuant to Section 880, Welfare and Institutions Code.
(b) Redirected payments to Department of the Youth Authority from Sales Tax Account funds otherwise provided to a county pursuant to Section 17602, Welfare and Institutions Code.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New subchapter 4.5, article 1 and section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Note • History
(a) “Camp” means a juvenile home, ranch, camp, or forestry camp established in accordance with Section 880, Welfare and Institutions Code, to which minors made wards of the court on the grounds of fitting the description in Section 602, Welfare and Institutions Code may be committed.
(b) “Department” means the Department of the Youth Authority.
(c) “Capacity” means the county's total operating budgeted bed capacity for camps. That capacity does not necessarily equal a “maximum capacity” or rated capacity derived from the minimum standards established pursuant to Section 885, Welfare and Institutions Code.
(d) “Reduction in capacity” means an instance of reduced budgeted bed capacity below that of June 30, 1991.
(e) “Commitments per 100,000” or “rate of commitments” means the number of juvenile-court commitments to the Department per 100,000 of the county's juvenile population, aged 12 to 17 years, using fiscal year population estimates by the Department of Finance.
(f) “Redirection of funds” means that actual costs as calculated in Section 4364.21 or Section 4364.22 shall be subtracted from the Controller's monthly allocation to a county of funds otherwise provided from the Social Services Sub account of the Sales Tax Account of the Local Revenue Fund. The Controller shall instead allocate those actual costs as revenue to the Department.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Note • History
This Subchapter implements the provisions of Section 881.5, Welfare and Institutions Code, and applies to only those counties that operated camps during the 1990-91 fiscal year. Those counties are:
Alameda Sacramento
Colusa San Bernardino
Contra Costa San Diego
Del Norte San Francisco
Fresno San Mateo
Kern Santa Barbara
Los Angeles Santa Clara
Orange Solano
Placer Sonoma
Riverside Ventura
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
§4364.13. Continuation of County Liability.
Note • History
Once a county is determined to be subject to redirection of funds because of excess commitments pursuant to Section 4364.21 or Section 4364.22, the 1990-91 commitment-rate limit and other procedures of Section 4364.21 or Section 4364.22 shall also be applied to each subsequent 12-month period following the month of capacity reduction.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Article 2. Reduction of Social Services Allocations
§4364.20. Use of Redirected Funds.
Note • History
Funds reduced from Sales Tax Account county payments pursuant to this Subchapter shall not be reallocated to any county and shall be redirected to the Department.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New article 2 and section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
§4364.21. Procedure: Calculating Amount of Funds to be Redirected.
Note • History
The following procedure and calculations shall be used to determine actual costs for the purpose of redirecting funds to the Department pursuant to this Subchapter.
(a) When a county reduces its budgeted bed capacity, the Department shall calculate that county's commitment limit for the subsequent twelve months. That limit shall be determined by applying the county's fiscal year 1990-91 rate of commitments to its juvenile population estimate for the twelve months following the month of reduction, using an estimate as defined in Section 4364.11(e).
(b) For the subsequent twelve months after capacity reduction, each person committed after reaching that county's commitment limit shall be considered an excess commitment, subject to career-cost reimbursement by the county through redirection of funds to the Department.
(c) That reimbursement shall include all career costs of each excess case until each of those wards is discharged from Departmental jurisdiction. For each excess case: (1) each day of that ward's institutional placement shall be assessed a cost equal to the Department's average daily per capita institutional cost for the last completed fiscal year; (2) each day of that ward's parole placement shall be assessed a cost equal to the Department's average daily per capita parole cost for the last completed fiscal year; and (3) all time spent on that case, including the development and assessment of records, by the Youthful Offender Parole Board shall be assessed the actual cost of that time.
(d) If a county is determined to have any excess commitments subject to reimbursement pursuant to Section 4364.21(b), the procedures and calculations of this Section shall be repeated for every subsequent 12-month period.
(e) Prior to any redirection of funds based on this subchapter, the Department shall provide to the county all applicable data, including commitment and population data, and consult with the county concerning that data.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
§4364.22. Camp Space Contracts Between Counties.
Note • History
If reduction in a county's budgeted bed capacity occurs at least in part because the county has provided camp space to another county pursuant to contract, any redirection of funds described by this Article shall be the actual cost to the Department of commitment-rate increases above the fiscal year 1991-92 rate, if an increase occurs during the 12-month period following the month of reduction. If a county provides space to another county by contract, and is subject to redirection of funds to the Department under this subchapter, that county's charged costs shall be reduced by a percentage amount equal to the percentage of its total bed capacity which is provided to another county.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Article 3. Performance Monitoring
§4364.30. Camps Capacity Monitoring.
Note • History
(a) Each county listed in Section 4364.12 shall report to the Department its fiscal year 1990-91 total budgeted bed capacity for camps, including an accounting of the number of such beds provided to another county by contract.
(b) Each county listed in Section 4364.12 shall report to the Department any reduction in any of its budgeted camp bed capacities within 10 days of such reduction. That report shall include each new budgeted bed capacity, by camp, the dates of all changes, and the change in total budgeted camp bed capacity for the county.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New article 3 and section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Note • History
The Department reserves the right to audit a county's records pertaining to bed capacity, and to related accounting, as applicable to this Subchapter.
NOTE
Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and Institutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602, Welfare and Institutions Code.
HISTORY
1. New section filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
Subchapter 5. County Justice System Subvention Program [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 5 (articles 1-10, sections 4366-4417) filed 10-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 42). For prior history, see Register 81, No. 30, Register 86, No. 27 and Register 97, No. 13.
Subchapter 5.1 Juvenile Offender Local Prevention and Corrections Act
Article 1. General Provisions
Note • History
This Subchapter implements and makes specific Article 7.5 (commencing with Section 1820) of Chapter 1 of Division 2.5 of the Welfare and Institutions Code as implemented by the Department of Youth Authority.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare and Institutions Code.
HISTORY
1. New subchapter 5.1, article 1 and section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
(a) “Camp” means a juvenile home, ranch, camp, or forestry camp established and operated in accordance with Section 880, Welfare and Institutions Code, to which minors made wards of the court on the grounds of fitting the description in Section 602, Welfare and Institutions Code, may be committed.
(b) “Department” means the Department of the Youth Authority.
(c) “Number of available beds” means the county's total operating budgeted bed capacity for camps.
(d) “Unforeseen circumstances” shall be limited to the results of natural occurrences, such as floods and earthquakes, or to damages of facility structure or environment, or to other extreme circumstances that could not have been reasonably anticipated.
(e) “Funding year” means the fiscal year for which the funding allocation is made.
(f) “Average daily population (fiscal quarter)” means, for each county, the sum of that fiscal quarter's daily ward population counts for all camps divided by the number of calendar days in the quarter.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15, 1820.2, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820, 1820.2(b) and 1820.3(d), Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendment of subsection (c) transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
This Subchapter applies only to the provisions and implications of Sections 1820 through 1820.55, Welfare and Institutions Code, and to those counties which operated at least one camp on June 30, 1993. Those counties are:
Alameda Sacramento
Colusa/Solano San Bernardino
Contra Costa San Diego
Del Norte San Francisco
Fresno San Mateo
Kern Santa Barbara
Los Angeles Santa Clara
Orange Sonoma
Placer Ventura
Riverside
NOTE
Authority cited: Sections 284, 1712(b), 1820.15, 1820.2, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.3, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Article 2. Administration of Funding Program
§4419. Basis of Available Funding.
Note • History
Commencing with the 1993-94 fiscal year, the Department shall administer partnership funding to qualified counties from any State, federal, or other funds made available under this Act.
NOTE
Authority cited: Sections 284, 1712(b), 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.5, Welfare and Institutions Code.
HISTORY
1. New article 2 and section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.1. Formula for Allocation of Funds.
Note • History
Upon Departmental approval of county applications, funds shall be allocated quarterly in arrears among those qualified counties, as follows:
(a) Funds available to the counties in a fiscal quarter shall equal one-fourth of total funds available in the fiscal year under this Act.
(b) For each fiscal quarter, the amount of funds to be disbursed among qualified counties shall be determined by the Department according to the following procedure:
(1) For that quarter, every qualified county's average daily population shall be added to derive a statewide average daily population for the quarter.
(2) That statewide average daily population shall be divided into each qualified county's average daily population to derive the percentage of the total quarterly allocation to which each county is entitled.
(c) No average daily population may exceed a county's total camps capacity for the purposes of funding allocation. If the actual average daily population does exceed such capacity, that total capacity number shall serve as the county's average daily population for the purposes of quarterly funding.
(d) Each county shall report to the Department any increase or decrease in any of its camp bed capacities within 10 days following such capacity change. That notification shall include each new bed capacity, by camp, the dates of all changes, and the changes in total camp bed capacity for the county.
NOTE
Authority cited: Sections 284, 1712(b), 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.2, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendment of subsection (d) transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
Each camp shall submit monthly population reports to the Department within ten (10) calendar days after the end of the month. The reported information shall include the following:
(a) Operating bed capacity: The maximum number of wards that can be confined in the camp.
(b) The actual number of wards confined each day in the camp.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.2, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendment of opening paragraph transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.3. Application for Quarterly Funding.
Note • History
(a) The initial application for funds shall be submitted to the Department by the date established by the Department. Subsequent applications for funds shall be submitted to the Department within fifteen (15) calendar days after the end of a fiscal quarter.
(b) The quarterly application shall include: a certification that the qualifying county camp meets the eligibility requirements of Section 1820.3 of the Welfare and Institutions Code; a certification that funds shall only be expended for the purposes described in Section 1820.1 of the Welfare and Institutions Code; and a certification that the qualifying county camp is in continuing compliance with the minimum standards prescribed for the camps, pursuant to Section 885 of the Welfare and Institutions Code.
(c) For the purposes of Section 1820.3(b), Welfare and Institutions Code, the number of available camp beds, by county, on June 30, 1993 was as follows:
County Available Beds County Available Beds
Alameda 100 Sacramento 150
Colusa (shared 60 San Bernardino 20
with Solano) San Diego 226
Contra Costa 74 San Francisco 84
Del Norte 42 San Mateo 60
Fresno 60 Santa Barbara 50
Kern 65 Santa Clara 204
Los Angeles 2,125 Sonoma 40
Orange 310 Ventura 69
Placer 20
Riverside 114
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15, 1820.2, 1820.25, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820, 1820.2 and 1820.3, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendments transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.4. Disbursement of Funds.
Note • History
After Departmental approval of a county's application, funds shall be disbursed in accordance with a quarterly time schedule established by the Department, in coordination with the State Controller. Fund payments shall be made in arrears, based on calculations of average daily populations from a previous fiscal quarter.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendments transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
No allocation of funds shall be made to any county which is not adhering to these regulations or to applicable law. If the Department declares a county ineligible for funding for a particular fiscal quarter, that county may regain eligibility for a subsequent quarter if the county demonstrates to the Department that it has returned to compliance and it applies for funding in the form and manner required for that subsequent quarter.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.6. Inter-County Agreements.
Note • History
(a) If a county funded under this Act provides bed space by contract to one or more other counties, the county providing bed space shall negotiate with the other county(ies) to reduce contract costs based on the host county's cost of providing the bed space, excluding the State contribution. The Department shall not intervene in the outcome of those inter-county contract matters.
(b) If two or more counties jointly operate a camp by a joint powers agreement or other contractual arrangement, each participating county shall join in approving a single application for funds submitted under these provisions. Payments by the State shall be provided to the county in which the camp is located, with the expectation that each participating county will share those payments consistent with their inter-county legal agreements. All of the regulations under this Act are jointly binding on the counties which jointly operate any camp.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 888, 1820 and 1820.4, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendment of Note transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.7. Extension of Deadlines.
Note • History
Under extraordinary circumstances demonstrated by a county, the Department may briefly extend a deadline otherwise binding on the county by these regulations.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15, 1820.2, 1820.25, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
All funds received by a county under this Subchapter shall be recorded in a manner that identifies those funds and clearly shows the manner of their disposition. Supporting records shall be maintained by the county in sufficient detail to demonstrate that the funds were used for the purposes described in Section 1820.1 of the Welfare and Institutions Code. Such records shall distinguish between funds from different fiscal years and shall be retained by the county for four (4) years after the funding year or until audited by the State, whichever is sooner.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15, 1820.2, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.1, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Note • History
The State reserves the right to audit accounting records of participating counties relating to the administration of the Act. Any state funds expended for purposes other than those described in Section 1820.1 of the Welfare and Institutions Code shall be recovered by the Department through repayment by the county.
NOTE
Authority cited: Sections 284, 1712(b), 1752.7, 1820.15, 1820.2, 1820.3 and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.1, Welfare and Institutions Code.
HISTORY
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-23-93 order including amendments transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Subchapter 6. Crime and Delinquency Prevention
Article 1. General Provisions [Repealed]
HISTORY
1. Repealer of article 1 (sections 4425-4429.5) filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 2. Definitions [Repealed]
HISTORY
1. Repealer of article 2 (sections 4430-4433.1) filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 3. Delinquency Prevention Commissions' Role and Funding
§4434. The Role of a County Delinquency Prevention Commission. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1791, Welfare and Institutions Code. Reference: Sections 233, 1792.1 and 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of first paragraph of Section 4434.5 filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Repealer of former Section 4434 and renumbering and amendment of Section 4434.5 to Section 4434 filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44). For history of Section 4434, see Register 85, No. 43.
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4435. Funds for Administrative Expenses.
Note • History
(a) A county delinquency prevention commission may submit an application to the Department of the Youth Authority for administrative expenses up to $1,000 per year. Such administrative expenses may include:
(1) Salary of employees hired to staff the commission.
(2) Necessary expenditures associated with the regular meetings of the commission.
(3) Actual and necessary expenses incurred by commissioners in the performance of their duties.
(4) Expenses associated with public information and/or educational activities.
(5) The holding of public meetings and hearings.
(b) The approval or disapproval of an application for funds for delinquency prevention commission administrative costs shall be based upon the availability of funds to the Department, and the application meeting the provisions of these regulations. The submission of the application for reimbursement for expenses incurred in the following fiscal year shall be made in the manner prescribed by the Department not later than June 15 of each year.
(c) The Department shall notify the county delinquency prevention commission of the approval or disapproval of applications for administrative funds.
NOTE
Authority cited: Sections 1712, 1791, 1792.1, 1793 and 1794, Welfare and Institutions Code. Reference: Section 1792.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment of Section 4435 and renumbering and amendment of former Section 4436 to Section 4435(b) and renumbering of former Section 4437 to Section 4435(c) filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44). For history of former sections, see Register 85, No. 43.
§4436. Reimbursement. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791 and 1794, Welfare and Institutions Code. Reference: Section 1792.1, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Renumbering and amendment of former Section 4436 to Section 4435(b) and renumbering and amendment of former Section 4438 to Section 4436 filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44). For history of former section, see Register 85, No. 43.
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4439. Application for Other Funds. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1792, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 4. Administration of Delinquency Prevention Project Funds
§4440. Application Process. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791 and 1794, Welfare and Institutions Code. Reference: Sections 1792, 1792.2 and 1794, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment of Section 4440 and renumbering and amendment of former Section 4441 to Section 4440(b), former Section 4442 to Section 4440(c) and former Section 4443 to Section 4440(d) filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44). For history of former sections, see Register 85, No. 43.
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4441. Contract Modification. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1791-1793, Welfare and Institutions Code. Reference: Sections 1793 and 1799, Welfare and Institutions Code.
HISTORY
1. Renumbering and amendment of former Section 4441 to Section 4440(b) and new Section 4441 filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4444. Fiscal Reporting. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1792, 1792.2 and 1793, Welfare and Institutions Code. Reference: Sections 1792 and 1793, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer and new section filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4445. Matching Funds. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1794, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4446. Unused Funds and Disallowed Expenditures. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791 and 1794, Welfare and Institutions Code. Reference: Sections 1792 and 1792.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4447. Fiscal Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791 and 1793, Welfare and Institutions Code. Reference: Sections 1792, 1792.1 and 1796, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Note • History
The state reserves the rights to audit all the records of contracting organizations pertaining to claims for reimbursements. Any errors disclosed in such audits shall be recovered by the state through deductions from future claims or by direct payment by the contracting organization.
Any appeal resulting from disputed audits shall be submitted in accordance with Subchapter 1, Article 1, Section 4200-4202.
NOTE
Authority cited: Sections 1712, 1791 and 1793, Welfare and Institutions Code. Reference: Sections 1792, 1792.2 and 1796, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
§4449. Demonstration and Experimental Project Funds.
Note • History
Notwithstanding provisions of Section 4440 of this Article, funds may also be made available by the Department to local governmental and non-governmental agencies at the discretion of the Director. Such funds shall be used to fund demonstration and experimental projects to develop and test new methods and strategies in delinquency prevention programs.
NOTE
Authority cited: Sections 1712 and 1796, Welfare and Institutions Code. Reference: Section 1796, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New section filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
Article 5. Minimum Standards for Delinquency Prevention Project
Note • History
NOTE
Authority cited: Sections 1791 and 1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4450.3. Characteristics of Delinquency Prevention Services and Projects. [Repealed]
Note • History
NOTE
Authority cited: Section 1791, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4450.4. Structure and Organization of Projects. [Repealed]
Note • History
NOTE
Authority cited: Sections 1791-1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4450.5. Administration. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791 and 1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
3. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Note • History
NOTE
Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Note • History
Each delinquency prevention project shall have a facility which is sufficient to assure the project's capacity to meet its goals and objectives. The facility shall meet any pertinent local, state, and federal Health and Safety Code requirements and shall so certify to the Department annually.
NOTE
Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Institutions Code. Reference: Sections 1792 and 1793, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New section filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
§4455. Services and Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Amendment filed10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4456. Evaluation, Records and Reports. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712 and 1791-1793, Welfare and Institutions Code. Reference: Sections 1792.2 and 1793, Welfare and Institutions Code.
HISTORY
1. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
3. Editorial correction of Note (Register 98, No. 9).
§4457. Other Standards. [Repealed]
Note • History
NOTE
Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Institutions Code. Reference: Section 1792.2, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter (Register 85, No. 43).
Subchapter 6.5. Minimum Standards for Regional Youth Educational Facilities
Article 1. Operation Standards
Note • History
Each Regional Youth Education Facility shall keep its financial records separate from any other county entity and submit Report of Expenditures and Request for Funds as directed by the Youth Authority.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 895 and 896, Welfare and Institutions Code.
HISTORY
1. New Subchapter 6.5 (Sections 4460-4472) filed 9-12-85; effective thirtieth day thereafter (Register 85, No. 36).
Note
Each Regional Youth Educational Facility shall have:
(a) A full time director who has had at least one year's experience with delinquent youth.
(b) A facility staff member that holds a valid supervision credential in academic education. This person may be the director or another staff member assigned to work in the facility.
(c) Academic teachers with elementary credentials, a special education credential, and experience with computer-assisted instruction.
(d) Physical education teacher with a valid secondary credential in physical education.
NOTE
Authority cited: Section 1712, Welfare and Institution Code. Reference: Section 896, Welfare and Institutions Code.
Note
Each Regional Youth Educational Facility shall:
(a) Meet the Minimum Standards for Juvenile Halls, or Juvenile Homes, Ranches, Camps or Forestry Camps as provided for in Subchapters 3 or 4, Title 15, Division 4, Chapter 2, whichever applies.
(b) Have separate classrooms from any other wards housed in the same or adjacent building.
(c) Have separate housing from any other wards housed in the same or adjacent building.
(d) Use the same feeding and recreation facilities as long as separate schedules are maintained.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 896, Welfare and Institutions Code.
§4463. Sixty-Day Program Extension.
Note
(a) Wards who are to be transferred to a local facility for an additional 60-day program shall have an individualized set of objectives to be accomplished that take into account programs experienced by ward to date. Sixty-day extensions may be in a resident juvenile hall program or camp program within the county the ward is committed from or with a county whose facility the committing county is using.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 894 and 896, Welfare and Institutions Code.
Article 2. Program Description
§4464. Performance Standards for Program Elements.
Note
(a) Competency-based education shall provide every ward an individualized, prescriptive, individually paced, open-entry/open-exit educational program with a concentration on life management and employability skills with specific objectives for the ward to accomplish.
(1) Each subject shall have pre and post tests administered as determined by facility and Youth Authority staff.
(b) Computer-assisted education programs shall be utilized for academic and vocational subjects.
(c) Physical education program shall consist of two hours per day of organized physical activity, one-half hour of which is devoted to calisthenics.
(1) Wards who are diagnosed as needing specialized remedial physical exercise programs shall be provided an individualized program which has stated objectives that are written and tested for progress.
(d) Vocational assessment and industrial arts training shall be provided with testing for vocational preference and testing for ability to reach the preferred goal.
(1) Vocational experience may be given to wards working with tradesmen at the facility and/or utilizing an industrial shop that contains a variety of training modules.
(e) Work experience shall be a part of the ward's program by having each ward assigned to a work crew that works in the community for other public entities. Individual wards may be placed on a work experience with a private company.
(f) Character education shall be classes given with the objective of providing training in mental habits, attitudes, values, personal goals that influence personal behavior.
(g) Victim awareness shall be given in small groups with volunteer victims who will not face any ward who committed a crime against him or her.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 894, Welfare and Institutions Code.
Note
Post Release Program shall have:
(a) Pre-release planning with the release objective made for each ward.
(b) A 60-day and 120-day progress report on objectives written for each ward.
(c) An individual program of supervision to meet the needs of each minor.
(d) A transfer report that may be part of the 120-day report indicating where the ward will be going and who will supervise.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 896, Welfare and Institutions Code.
Article 3. Research, Evaluation and Records
Note
Each Regional Youth Educational Facility shall:
(a) Maintain accurate and complete case records, pre and post test reports on each education component, and reports on work experience, vocational training, restitution payments, participation in victim awareness sessions, and disciplinary incidents prescribed by the Department of the Youth Authority on all wards in the eligible pool whether assigned to the facility or other placement. Such reports and statistics shall be conveyed to the Youth Authority at least every 90 days for each ward.
(b) Develop an agreement of a program of research and evaluation with the Youth Authority.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 898.5, Welfare and Institutions Code.
Article 4. Administration of Funds
§4467. Application for Funding.
Note
Any California county may submit an application to the Youth Authority for the establishment of a Regional Youth Educational Facility. The application shall be written in the manner prescribed by the Youth Authority and submitted by a predetermined date set by the Director of the Youth Authority and shall include, but not limited to:
(a) Documentation that the application has been approved by the County Board of Supervisors (if more than one county is involved, all counties must submit resolutions indicating approval).
(b) A letter of endorsement from the County Board of Education.
(c) A letter of endorsement from the presiding judge(s) of the juvenile court of the participating county(ies).
(d) A letter from the Juvenile Justice Commission(s) indicating a review of proposal.
(e) A description of the manner in which the county will operate including, but not limited to:
(1) Personnel
(2) Program elements
(3) Facility capability
(4) Advisory committee
(5) Research and recordkeeping
(6) Number of wards 16 and 17 years of age coming under Subsection 602 of the Welfare and Institutions Code awaiting placement out of their home in the juvenile hall(s)
(7) Financial ability to provide matching funds and resources.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 896, Welfare and Institutions Code.
Note
The State reserves the right to audit the total accounting records of Regional Youth Educational Facilities.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 895, Welfare and Institutions Code.
Note
Any funds not expended by a county in the manner prescribed in the counties' Request for Funds shall revert to the state.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 895, Welfare and Institutions Code.
Article 5. Selection Criteria
Note
The process shall consist of the proposals from the submitting counties being reviewed by a Review Team consisting of Youth Authority staff and community representatives.
(a) The proposals shall be evaluated in the following areas in addition to the requirements listed in Section 895(b) of the Welfare and Institutions Code.
(1) Program need
(2) Program services offered
(3) Program objectives
(4) Responsiveness to program goals
(b) The proposals will be sent to the Director of the Youth Authority for final selection.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 895 and 896, Welfare and Institutions Code.
Article 6. Contract
Note
A contract between the Youth Authority and the selected county(ies) shall be required.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 895, Welfare and Institutions Code.
Article 7. Payment to Counties
Note
Distribution of funds shall be made in arrears on a quarterly basis to the county(ies).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 895, Welfare and Institutions Code.
Subchapter 6.6. Youth Centers and Youth Shelters
Article 1. General Provisions
Note • History
These regulations apply to funds appropriated by the County Correctional Facility Capital Expenditure and the Youth Facility Bond Act of 1988 for youth centers and youth shelters, and under the Youth Center and Youth Shelter Bond Act of 1988.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Title 4.8, Penal Code; and Division 2.5, Chapter 2, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
(a) “Act” means the County Correctional Facility Capital Expenditure and the Youth Facility Bond Act of 1988 and Youth Center and Youth Shelter Bond Act of 1988.
(b) “Director” means Director of the Department of the Youth Authority.
(c) “Funding cycle” means a set period of time during which the Department arranges eligible applications into priority order and decides which projects to fund under the Act.
(d) “In kind match” means the value of land, buildings, equipment, up to 10% of the administrative time, and all volunteer services contributed by the applicant to the total cost of the project.
(e) “Joint venture” means a relationship between private nonprofit and public agencies which is created by contract or agreement to combine their property, money, skill and/or knowledge to acquire, renovate, construct and/or equip and operate a youth center or youth shelter.
(f) “Project funding list” means either a youth center/or youth shelter list of projects arranged in the priority order in which they may be funded under the Act.
(g) “Contractor” means an organization that has been awarded funding under this Act.
(h) “Request for Proposal” is a solicitation which the Department uses to inform the public of the availability of funding under this Act.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections Title 4.8, Penal Code; and Sections 2001(c), 2011, 2017(3)(A)(i), 2017(3)(B) and 2018(a)(2)(B), Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Article 2. Eligibility for Funding
Note • History
Costs eligible for funding under the Act shall be only those costs obligated on or after the date that funds are awarded to the contractor.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 4496.10, Penal Code; and Section 2010, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
An eligible project shall operate wholly within the State of California.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 2018, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
§4478.1. Institutions Ineligible for Funding.
Note • History
Institutions and camps administered by the Department of the Youth Authority pursuant to Section 1000 of the Welfare and Institutions Code and county juvenile facilities established pursuant to Sections 850, 870, 881 and 894 of the Welfare and Institutions Code shall not be eligible.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 636.2, 654, 850, 881, 894, 1000 and 2011, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Article 3. Application for Funds
§4479. Application Guidelines.
Note • History
Any private nonprofit or public agency or joint venture may submit an application for funds made available to the Department for the purpose of acquiring, renovating, constructing, and/or purchasing equipment for youth centers and youth shelters in the form and manner prescribed by the Department as follows:
(a) A description of the Agency showing current programs and services and the capacity to sustain the on-going operation of the facility.
(b) A description of the present and future need in the applicant's service area concerning the project.
(c) A description of the project including: type, scope, location, time required for completion, and projected capacity.
(d) A description of the programs and services that will be offered.
(e) A description of the plan for acquisition, renovation, construction, and/or equipment purchases.
(f) A certified copy of the County Tax Assessor's main roll value of the property to be acquired or renovated.
(g) A description of the equipment being requested.
(h) A project budget and financing plan showing all costs related to the project.
(i) A description of the cost-effectiveness of the project.
(j) A description of the process that will be used to receive and consider feedback from the community and youth served.
(k) A description of referral sources and resources that would reflect coordination with other organizations.
(l) A governing body resolution affirming commitment to meet all statutory and regulatory requirements.
(m) A copy of an agreement between parties if the applicant is a joint venture.
(n) A certified statement of insurance coverage for the project.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011, 2012, 2016 and 2018, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
(a) Private nonprofit agencies, public agencies and joint ventures may not apply for funds until the Department distributes the Request for Proposal.
(b) The Director shall set a date for the start and close of any funding cycle.
(c) Applications received after the submission deadline of a funding cycle will not be considered in that funding cycle.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2016 and 2018(a)(1), Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Article 4. Funding Decisions
Note • History
Funds shall be awarded through one or more funding cycles.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2018(c), Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
§4484. Placing Applications in Priority Order.
Note • History
During each funding cycle the Department shall rank youth center applications separately from youth shelter applications by priority.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 2018(c), Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
§4485. Project Funding Decision.
Note • History
(a) The Director shall make funding decisions within ninety (90) days after the closing date of the funding cycle.
(b) Projects shall be funded by rank in descending order, as they appear on the Youth Center and Youth Shelter project funding lists.
(c) The Director may adjust the order of the project funding lists to assure a geographical distribution of projects.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2018(a)(1), 2018(c) and 2020, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
§4486. Failure to Execute Contract.
Note • History
Awarded funds not used within the contract period or because a contract is not executed shall be returned to the Department. Unused funds may be awarded in a subsequent funding cycle.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 2(a) following Section 2022, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Article 5. Administration of Funds
§4487. Acquisition, Renovation, and Construction Costs.
Note • History
(a) Eligible Costs.
Acquisition, renovation, and construction costs incurred during the contract period will be eligible for funding. All such costs must be supported by appropriate invoices, purchase orders, cancelled warrants, and other records. Non- construction or nonacquisition costs including but not limited to direct project administration, preparation of plans and specifications, and appraisals shall not exceed 25% of funds awarded. Examples of eligible costs include:
(1) Preliminary costs: Costs such as construction plans, appraisals, and acquisition negotiations incurred after the date of appropriation, provided that a contract for the project is executed by the state and the applicant.
(2) Signs and interpretive aids: Costs of signs, display boards, or other minor interpretive aids relating to the project.
(3) Construction: Cost of all necessary construction activities, from site preparation such as demolition, excavation, and grading to the completion of a structure or facility.
(4) Acquisition: Costs of acquiring real property, which may include the purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, title insurance fees, and court costs of condemnation.
(5) Relocation costs: Relocation costs are allowable for projects that result in displacement of any person and/or business. The applicant must comply with the requirements of the State Relocation Act (Chapter 16 Government Code, Section 7260 et seq.) even when relocation costs are not claimed for reimbursement.
(6) Other expenditures: In addition to the major categories of expenditures, reimbursements may be made for miscellaneous costs necessary for execution of the project, such as, communications, and hazard and liability insurance to cover personnel and/or property.
(b) Ineligible Costs.
Costs that are not required to acquire, renovate, construct, or equip a Youth Center or Youth Shelter shall be ineligible for funding under the Act.
The following is a nonexclusive list of ineligible costs:
(1) Ceremonial or ribbon cutting expenses
(2) Expenses for publicity
(3) Bonus payments of any kind
(4) Charges for contingency reserves or other similar reserves
(5) Charges in excess of the lowest bid, when competitive bidding is required by the state or the applicant, unless the state agrees in advance to the higher cost
(6) Charges for deficits or overdrafts
(7) Taxes for which the applicant would not have been liable
(8) Charges incurred contrary to the policies and practices of the applicant
(9) Interest expense
(10) Damage judgments arising from acquisition, construction or equipping of a youth center or youth shelter, whether determined by judicial process, arbitration, negotiation, or otherwise
(11) Services, materials, or equipment funded under any other state program
(12) Cost of discounts not taken
(13) Travel claimed when no work time was claimed for the same period
(14) Unapproved cost overruns, exceeding the amount specified in the contract
(15) The surcharge payable by the applicant for a project in which there is federal participation.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 2001, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
Equipment may be purchased when all three of the following requirements are met:
(a) normal useful life exceeds one year;
(b) unit acquisition cost is $300 or more; and
(c) used to conduct youth center and/or youth shelter programs, activities, and services.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Section 2001, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
There shall be a contract betease state funds needed to complete the project require the prior written approval of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2000 through 2022, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
(a) Upon approval of a contract, up to 25% of the award may be disbursed in advance to a nonprofit agency.
(b) Contractor requests for payments shall include supporting documentation required by the Department. Examples of supporting documentation include but may not be limited to: copies of invoices and cancelled warrants or receipts. The Department shall notify the contractor of deficiencies in the request.
NOTE
Authority cited: Section 1712(b), Welfare and Institution Code. Reference: Section 2(a), Chapter 1535 stats of 1988; and Section 2001, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
Project modifications proposed after a contract is signed which alter the project scope, location, size, capacity, alter the quality of major items of equipment, or increase state funds needed to complete the project require the prior written approval of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2000 through 2022, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
The contractor shall maintain an accounting system accurately reflecting fiscal transactions, with the necessary controls and safeguards. This system shall provide audit trails, including the source of original documents such as receipts, progress payments, invoices, time cards. The system shall also provide accounting data which allows determination of the total costs of each project. Accounting records must be retained for three years after the State's final payment.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011, 2012, 2013(a), and 2016, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
The Department shall monitor contractor's administration of funds for compliance with the approved application, contract, these regulations, and the statutes.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011, 2012 and 2014, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
The contractor shall complete the project in accordance with the contract. If the contractor does not proceed as agreed in the contract, the Department shall give written notice of failure to comply with terms of the contract and may terminate the contract.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011, 2012, 2018 and 2020, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
(a) Quarterly Reports. The contractor shall submit quarterly progress reports to the Department during the term of the contract. The reports shall include a report of progress made during the reporting period, change orders issued, invoices submitted, and project payments made by the contractor.
(b) Final Financial Statement. The contractor shall submit an acceptable final accounting to the Department not later than ninety (90) days following completion of the project. A later date may be authorized by the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011 and 2012, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
Note • History
The State of California reserves the right to audit the contractor's accounting records relating to the administration of the Act. The contractor shall provide access to the facility, premises and records related to any project funded under the Act. This shall extend to the contractor's sub-contractors, including personal services contracts. The contractor shall provide reasonable assurances of having a systematic method to afford timely and appropriate resolution of audit findings and recommendations.
Improper expenditure of state funds disclosed in audits shall be recovered by the Department through withholding payments and/or repayment by the contractor at the discretion of the Department.
NOTE
Authority cited: Section 1712(b), Welfare and Institutions Code. Reference: Sections 2011, 2012, 2018(c) and 2020, Welfare and Institutions Code.
HISTORY
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
2. Editorial correction of History Note 1 and deletion of duplicate History Note (Register 95, No. 14).
Subchapter 7. Minimum Standards for the Detention of Minors in Jail [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 7 (articles 1-7, sections 4500-4549) filed 7-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 27).
Subchapter 7.5. Standards for the Temporary Custody of Minors in Law Enforcement Facilities [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 7.5 (articles 1-4, sections 4550-4566) filed 7-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 27).
Subchapter 8. Status Offender Detention Grants [Repealed]
HISTORY
1. Change without regulatory effect repealing subchapter 8 (articles 1-3, sections 4585-4597) filed 7-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 27).
Chapter 3. Institutions and Camps Services
Subchapter 1. General Provisions
Article 1. Definitions
Note • History
For the purpose of the regulations contained in this chapter, the following words are defined:
(a) Additional Commitment. “Additional commitment” means a commitment made subsequent to the original commitment and prior to release on parole from the original commitment.
(b) Contraband. “Contraband” means any substance or material which a ward is prohibited from possessing.
(c) DDMS (Disciplinary Decision Making System). “DDMS” is a process which ensures wards the right to due process in disciplinary matters.
(d) New Commitment. “New commitment” means a commitment to the Youth Authority without any current status as a Youth Authority ward.
(e) Program manager “Program Manager” means a person responsible for the management of a program in an institution, camp, or parole region.
(f) Recommitment. “Recommitment” means a commitment made by a court back to the Youth Authority when the ward is on parole.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002 and 1752, Welfare and Institutions Code.
HISTORY
1. New Chapter 3 (Subchapters 1-3, Sections 4600-4768, not consecutive) filed 5-3-79 as procedural and organizational; effective thirtieth day thereafter (Register 79, No. 18).
2. Editorial correction of Chapter heading (Register 79, No. 32).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 2. Authority and Objectives
§4601. Objectives of Branch. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4602. Program Assignments. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6--85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) (Reserved)
(b) Employees or visitors to institutions or camps who are taken as hostage by wards for the purpose of an escape or a disruption of institutional operations, shall not be recognized as hostages for bargaining purposes.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 3. Diagnostic Services
§4610. Receiving Procedures. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
A newly committed ward, county referral, federal or an out-of-state contract case shall receive complete medical diagnostic services. Other wards may receive either complete or partial diagnostic services. Such services shall include:
(a) Referral to appropriate specialists as needed (medical specialist, psychiatrist, psychologist, etc.), and the administering of clinical laboratory, x-ray, and other tests as indicated.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 704, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (b)-(g) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 4. Classification and Treatment
§4616. Institutional Receiving and Initial Classification. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4617. Institutional Treatment System.
Note • History
(a) The ward shall be present throughout each case conference in order to participate in the process unless:
(1) Information being discussed may be psychologically damaging to the ward or others.
(2) The ward decides not to attend.
(3) The ward is hospitalized.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of first sentence of subsection (a) and subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4618. Initial Case Conference.
Note • History
The treatment team shall establish treatment goals for the ward within five weeks after the ward's assignment to the living unit.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a)-(c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4619. Initial Case Conference Report. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4620. Progress Case Conference. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3, 1712 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1712 and 1752, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 4-30-80; effective thirtieth day thereafter (Register 80, No. 18).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) When the ward has sufficiently satisfied the treatment goals set for him, the treatment team may recommend referral to parole in accordance with Section 4945:
(1) When the parole consideration date set by the Board is reached, or
(2) Prior to the parole consideration date if the treatment team believes that the parole consideration date should be modified.
(b) If the ward's placement in the community may bring reaction and resistance from public agencies and groups of citizens, a community-reaction investigation may be requested prior to recommending referral to parole.
(c) (Reserved)
(1) The ward shall be informed of the content and recommendation of the case report prior to preparation in final form.
(2) The ward shall receive a copy of the report no later than five days prior to the scheduled Board hearing date.
(d) A ward committed from juvenile court is not required to register as a sex or narcotic offender, or arsonist.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002, 1176, and 1752, Welfare and Institutions Code; Section 290, Penal Code; and Section 11590, Health and Safety Code.
HISTORY
1. Order of Repeal of subsection (c) paragraph only and subsection (d) except last sentence filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) Institutionalized wards who are identified as illegal aliens shall remain in custody until they meet the criteria for release to parole.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1008, Welfare and Institutions Code.
HISTORY
1. New section filed 10-19-79; effective thirtieth day thereafter (Register 79, No. 42).
2. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
3. Order of Repeal of subsections (b)-(d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4621.2. Transfer of Foreign Nationals.
Note • History
(a) Any foreign national under the jurisdiction of the Department may request transfer to his country of citizenship to serve his remaining confinement time if a treaty providing for such transfer is in force between the United States and the ward's country of citizenship. To be eligible for transfer, the foreign national shall:
(1) Be a citizen of the foreign country to which he is requesting transfer.
(2) Have six or more months of available confinement time at the time of transfer request.
(3) Have no pending appeals on the judgment or sentence.
(4) (Reserved)
(5) Not have been convicted of a political, military or immigration offense.
(b) If the foreign national is eligible for transfer and the documentation has been completed, he shall be calendared to appear before the Board. The Board may deny the transfer or order the ward transferred to the prisoner exchange program for transfer to his county of citizenship.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 12012.1, Government Code.
HISTORY
1. New section filed 10-19-79; effective thirtieth day thereafter (Register 79, No. 42).
2. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
3. Order of Repeal of subsection (a)(4) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
The treatment team shall:
(a) Advise the ward that an annual review will be conducted.
(b) Prepare a comprehensive progress report reviewing the ward's adjustment for the entire year, including stays at other institutions or camps. The report shall include:
(1) A recommendation to the Board, and
(2) A statement of dissenting opinions if there are substantial differences not resolved in the case conference.
(c) Schedule the ward for the annual review by the Board in conformance with prescribed procedures.
(d) Inform the ward of the content and recommendation of the case report prior to preparation in final form.
(e) Provide the ward with a copy of the final case report no later than five days prior to the scheduled Board hearing date.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of the first sentence filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of subsection (e) filed 6-19-2001; operative 7-19-2001 (Register 2001, No. 25).
§4623. Case Reports to the Board. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 5. Disciplinary Decision Making System
Note • History
(a) The Disciplinary Decision Making System (DDMS) is a process which ensures a ward the right to due process in disciplinary matters.
(b) Disciplinary actions which have the effect of imposing a sanction, depriving a ward of something possessed, or denying something which a ward reasonably expects as part of his prescribed program because the ward commits an institutional rule or law violation, shall be conducted within the following constraints:
(1) The ward shall have specific prior knowledge regarding his responsibilities, institution rules, and individual program objectives.
(2) Disciplinary actions shall be determined fairly.
(3) Higher decision-making standards shall be applied as the potential deprivation to the ward increases.
(4) Disciplinary measures shall not be:
(A) Degrading or humiliating to the ward.
(B) Disproportionate to the behavior requiring action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b)(4)(c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4631. Exemptions from Disciplinary Decision Making System (DDMS). [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4632. Wards' Rights and Responsibilities Under DDMS.
Note • History
(a) A newly committed ward shall be provided with an orientation program regarding his rights and responsibilities concerning DDMS.
(b) A ward shall be provided with specific information, as needed, upon request.
(c) Institution rules shall be posted in conspicuous places.
(d) The staff shall assist a ward in understanding the institution rules and his program objectives.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4633. Decision Making Levels and Processes. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4634. DDMS Behaviors and Dispositions.
Note • History
Disciplinary Decision Making System behaviors and dispositions are as follows:
(a) Level A behaviors are rule violations or behaviors not requiring a recommendation for an extension of the ward's Parole Consideration Date (see Section 4945) to the Board.
(b) Level A dispositions:
(1) No action.
(2) Extra duty.
(3) Restriction of privileges.
(4) Ward lock-up for 24 hours or less.
(5) Room restriction not to exceed 90 days.
(6) Program restriction not to exceed 120 days.
(7) Loss of program credits not to exceed 120 days.
(c) Level B behaviors are:
(1) Those behaviors requiring a report to the Board as prescribed by Section 4961.
(2) Those behaviors requiring a report to the Board as prescribed by Section 4648.
(3) Repeated or cumulative minor rule infractions or lesser law violations.
(d) Level B dispositions:
(1) Level B alternate dispositions may be combined with a recommendation to the Board to extend the ward's parole consideration date.
(2) Ward lock-up for ten days or less.
(3) Removal of the ward to a more restrictive program.
(e) All dispositions shall meet the standard of being proportionate and appropriate to the offense as set forth in Section 4647(c).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a)(1), (a)(2), (c)(3) and (d)(4) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
There are five separate roles which staff may assume during Disciplinary Decision Making System proceedings: investigator; ward representative; fact finder; disposition maker; and appeal officer. The following conditions shall apply:
(a) No staff member shall participate in the Disciplinary Decision Making System proceedings if he has a personal involvement in the case which may bias the results.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4636. Time Limits on Fact Finding Hearings.
Note • History
Disciplinary decision making hearings should be completed within the established period of time.
(a) If the ward is confined in secure quarters for more than 24 hours or his liberty or access to a program is restricted for more than 24 hours, e.g., loss of off-grounds privilege, etc., the fact finding hearing shall be completed in no more than 24 calendar days:
(1) Following observation/discovery of the incident, or
(2) After the time at which the investigation focused on the ward as a responsible party, or
(3) After a restriction was imposed upon the ward, or
(4) Physical analysis of evidence is returned.
(b) Notwithstanding the provisions in subsection (a), if the ward was referred to court for prosecution and the court finds him “not guilty” or dismisses the case, a fact finding hearing shall be completed within 24 calendar days from the date of receipt of documents verifying the court findings. This time limit shall also apply if the ward is detained in a non-Youth Authority facility.
(c) When the ward is not confined in secure quarters, his liberty is not restricted, or he is not denied his regular program for more than 24 hours, the fact finding hearing shall be completed within 24 calendar days of the events described in subsection (a) (1) through (3).
(d) Specific time extensions may be granted if:
(1) Local law enforcement authorities are conducting an investigation and more time is required to complete it.
(2) Physical evidence is referred outside the facility for analysis and more time is required to complete the analysis.
(3) The ward is unavailable due to illness, escape, or other absence from the facility.
(4) A relevant witness requested by the ward is unavailable due to personal illness, family emergency, etc.
(5) A state of emergency exists, e.g., conservation camp wards are fighting fires, etc.
(6) The investigation is complex, e.g., a major incident involving five or more wards occurred.
(e) A time extension not exceeding the reasonable period of time necessary to meet the reason for the extension may be granted by the Superintendent. When the specific cause for the extension no longer exists, no further extensions shall be granted and the hearing shall be held within two working days from the last day that the time extension was in effect.
(f) The staff shall notify the ward of any time extension and reasons for such extension.
(g) Failure to meet the time limitations, including any extensions, described in this section shall result in dismissal of the DDMS action if the delay has resulted in substantial prejudice (as defined in Section 4646) to the ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002 and 1004, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of subsection (e) filed 2-1-88, operative 3-2-88 (Register 88, No. 7).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) A ward may be temporarily restricted to secure quarters or have off-grounds privileges withheld when he/she is:
(1) A danger to others.
(2) A danger to himself/herself.
(3) In danger from others.
(4) An escape risk.
(b) A temporary restriction shall be as short as possible. i.e. the restriction shall last only as long as the condition or behavior which warranted such restriction continues to exist. All reasonable alternatives shall be considered prior to instituting or continuing temporary restriction.
(c) Within the first 24 hours of restriction the ward shall be given a copy of the detention form (YA 8.415 Revised 12/87) indicating why he/she is being restricted and advised of his/her right to appeal via the Ward Grievance Procedure (See Sections 4085 et seq. of these regulations.).
NOTE
Authority cited: Sections 1001, 1002, 1004 and 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002 and 1004 Welfare and Institutions Code.
HISTORY
1. New section filed 2-26-88; operative 3-27-88 (Register 88, 11). For history of former Section 4637, see Register 85, No. 26.
§4638. Confinement in Secure Quarters. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) An accused ward, including a ward referred to parole by the Board:
(1) May be given a polygraph test as prescribed in Section 4133, or
(2) May, upon his request, be given a polygraph test if:
(A) The ward is accused of being in possession of contraband and such contraband is found in a place to which other than staff have access, and
(B) There is no evidence other than the location of where the contraband was found to link the ward to the possession of the contraband.
(b) Blood and urine samples may be taken as prescribed in Section 4140.
(c) If there is sufficient reason to believe that a ward referred to parole did violate a major institution rule, the parole rescission process shall be initiated as prescribed in Sections 4660-4666.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of the first sentence filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of subsection (a)(2) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§4641. Referral for Prosecution.
Note • History
(a) A ward who allegedly commits an offense may be referred to court for prosecution under any of the following circumstances:
(1) A ward's confinement time is near expiration and the staff believes that more confinement time is necessary for treatment or as discipline for his misbehavior.
(2) A ward is suspected of committing a felony.
(3) The ward has assaulted a staff member, not amounting to a felony.
(c) A superintendent may make an exception for referral for prosecution if unusual circumstances exist.
(d) DDMS proceedings shall be suspended until court actions are completed.
(e) If the ward is convicted of a law violation or adjudicated as a delinquent, a DDMS disposition hearing shall be held within 14 calendar days after the ward is returned from the court or upon receipt of court documents.
(f) If the court finds the ward “not guilty” or if the matter is dismissed, the superintendent may continue DDMS proceedings if the alleged offense was a violation of an institutional rule. A fact finding hearing shall be completed within 24 calendar days from the date of receipt of documents verifying the court findings. This time limit shall also apply if the ward is detained in a non-Youth Authority facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a), (b)(1)-(b)(3), (b)(6) and (d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) In Level A hearings, notice shall be given to the ward orally immediately prior to the hearing.
(b) In Level B hearings, the ward shall be given specified information in writing at least 24 hours prior to the DDMS hearing. Such notice shall:
(1) Set forth the nature of the alleged behavior requiring action, and
(2) Give information on how to prepare for and present relevant material at the hearing.
(c) If the ward requests a representative and one is granted, no admissions or waivers shall be taken until the representative is present.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No 47).
2. Amendment of subsections (b) and (c) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) A ward may waive, with the concurrence of staff:
(1) The time limits imposed by DDMS procedures, or
(2) The presence of witnesses or witness statements at the fact finding hearing, or
(3) The entire fact finding hearing if the ward makes a written admission of the allegations.
(b) Staff members shall ensure that the waiver is voluntary, and the ward fully understands the implications of his waiver and the resultant impact.
(c) Staff shall weigh such factors as age, intelligence and ability of the ward to comprehend the meaning and effect of his statement before accepting the ward's waiver.
(d) A ward cannot waive the disposition hearing.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of subsection (a)(2) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) If a representative is granted, then a staff member shall:
(1) Fully explain to the ward the importance, meaning, and implication of any admission or waiver of procedural guarantees.
(2) Collect relevant information in advance of the hearing that could help the ward's case.
(3) Represent the ward's case at the hearing.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7;effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) The accused ward shall have the right to confront any staff member who has given information against him, and have witnesses with relevant information present (or provide a written witness statement) at the hearing, except when:
(1) Such information could pose a danger to another ward or a non-staff member. In such a case, the testimony of the witness may be heard by the fact finder in confidence.
(2) The testimony is redundant or irrelevant in the judgment of the fact finder.
(b) Witnesses may include voluntary, adverse, and confidential witnesses.
(1) Adverse Witnesses. The ward shall have the right to call adverse witnesses.
(A) When it is known that a staff witness will be on an extended scheduled leave (longer than three weeks) during the time of the hearing, the ward shall have the opportunity to interview the witness prior to such leave. The interview shall be recorded and heard by the fact finder at the fact finding hearing.
(B) When a staff witness is on unscheduled sick leave, or is physically unable, staff shall, when possible, interview the witness, record the statement, and provide a copy to the ward and the fact finder.
(C) Ward witnesses shall appear except where their presence would present a danger to themselves or others.
(2) Confidential Witnesses. Wards or persons not employed by the Youth Authority may be designated as confidential witnesses only if their testimony could pose a physical threat to themselves or others. Staff members shall not be designated as confidential witnesses.
(A) Where the statement of a confidential witness is uncorroborated and appears to be the sole basis for a charged rule or law violation, a polygraph test shall be administered before the information can be used.
(B) The fact finder, after hearing or reading the testimony of the confidential witness and evaluating the reasons supporting the confidentiality, shall determine if confidentiality is required.
1. If the fact finder deems that the confidentiality is not appropriate, he shall determine if the witness will testify at the hearing.
2. If the testimony meets the standards for confidentiality, the fact finder shall document the findings and the reasons for its support.
(C) The fact finder shall reveal the substance of the confidential testimony to the accused ward and/or his representative to the maximum extent possible without jeopardizing the person giving the testimony.
(D) If the confidential witness' statement is uncorroborated and is the sole basis for the fact finding hearing, the accused ward may request that a staff representative of his choice be included in any interview with the confidential witness. The staff representative shall:
1. Not disclose to the accused ward the identity of the witness or the details of the confidential information.
2. Assure the accused ward that the information was received and obtained fairly.
(E) The fact finder shall record the degree to which the confidential evidence was relied upon to reach the final decision. The degree shall range from “no influence” to “sole basis for decision.”
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (b)(1) and (b)(3)(E) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) The fact finding hearing shall establish whether or not the alleged behavior occurred. This hearing shall be conducted:
(1) By a staff member assigned by the superintendent who shall be known as “fact finder.”
(A) Level A behavior: Any staff member selected may serve.
(B) Level B behavior: The staff member selected shall not be a member of the treatment team assigned to the ward.
(2) In an impartial and objective manner.
(3) Only when the preparation process is satisfactorily completed.
(4) Within the prescribed time limits. If time limits are not met, the proceedings shall be dismissed if the delay has resulted in substantial prejudice to the ward. Substantial prejudice is a handicap suffered by the ward and caused by a delay which could reasonably influence the outcome of the hearing. (See Section 4636.)
(b) A separate finding on each allegation shall be required where multiple allegations arise from a single incident or an interrelated series of incidents.
(c) Findings shall be based on a preponderance standard of certainty, i.e., it is more likely than not that the alleged behavior occurred. The fact finder shall:
(1) Evaluate each allegation for the following elements:
(A) Did the charged behavior actually occur?
(B) Did the evidence (physical, testimony, or circumstantial) indicate the accused ward committed the charged behavior?
(C) Did the accused ward act in self-defense where fighting or assault is charged?
(D) Did the accused ward intend for his behavior to occur?
(E) Was the ward aware of the probable consequences of his behavior?
(2) Make a specific finding of “sustained” or “non sustained” on each allegation.
(d) Whenever a finding of “sustained” is made, the evidence shall show that all of the questions, subsection (1) (A)-(E), were considered and answered.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) A disposition hearing shall be held when:
(1) A ward is returned from the Departments of Corrections, or Mental Health or Developmental Services facilities for disciplinary reasons.
(b) The disposition hearing shall be conducted as follows:
(1) Level A behavior: By any staff member assigned by the superintendent.
(2) Level B behavior: A disposition hearing should be held within 14 calendar days following the Fact-Finding Hearing by staff assigned by the superintendent consisting of:
(A) The independent fact finder, or
(B) Two members of the treatment team, or
(C) One member of the treatment team and the independent fact finder.
(c) At the disposition hearing the following shall be considered:
(1) The finding of the fact finder.
(2) The program objectives to be accomplished.
(3) The ward's personal characteristics and case background.
(d) The ward may be present if he chooses during both the fact finding and disposition hearings, unless:
(1) The information being presented would be dangerous to other persons.
(2) The fact finder or disposition makers wish to discuss the matter privately after all relevant information is presented.
(e) The ward shall be advised of his right to appeal (see Section 4649).
(f) The ward shall receive credit for all temporary restrictions, confinement in secure quarters, or any other restriction imposed while awaiting the disposition hearing.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a)(2) and (c)(2) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
(a) Disposition actions shall not be implemented until:
(1) The ward has indicated that he does not wish to appeal the action, or
(2) The period of appeal has expired (see Sections 4649-4653), or
(3) The appeal procedure has been completed
(b) Staff may initiate further proceedings if a court finds a ward “not guilty” or dismisses the case and there is reason to believe the ward violated an institutional rule.
(c) If the staff recommends to extend the ward's parole consideration date, such case shall be presented to the Board.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (b), (c) and (f) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85, effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Note • History
A ward shall have a right to appeal disciplinary decision-making action. Level A behaviors shall have one level of appeal. Level B behaviors shall have one level of appeal.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment filed 2-19-93; operative 3-22-93 (Register 93, No. 8).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§4650. Level A Behavior: Appeal.
Note • History
A level A behavior appeal shall include the following procedures:
(a) Upon receiving a disposition on Behavior Report, form YA 8.403, a ward may initiate an appeal of the level A action by requesting an interview with the appropriate first-line supervisor.
(b) The appeal shall be initiated by the ward within 24 hours and heard within 72 hours upon notification of appeal.
(c) The first-line supervisor may grant, modify, or deny the appeal after personally interviewing the ward.
(d) The first-line supervisor shall record the appeal decision on the “Behavior Report,” form YA 8.403, a copy of which shall be provided to the ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section heading and text filed 2-19-93; operative 3-22-93 (Register 93, No. 8).
3. Amendment of subsection (b) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§4651. Level A Behavior: Second Level Appeal. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Repealer filed 2-19-93; operative 3-22-93 (Register 93, No. 8).
§4652. Criteria for Level B Behavior Appeal.
Note • History
A ward has the right to appeal those disciplinary decision making actions which meet at least one of the following criteria:
(a) There was a violation of procedural safeguards, e.g.:
(1) The ward has no access to and thereby no prior knowledge of the rules and related deprivations.
(2) The ward was not given a copy of the notice of disciplinary hearing.
(3) The ward was not advised of or was denied his right to representation.
(4) The ward was not given 24 hours to prepare his case.
(5) The ward was not given the opportunity to confront his accusers, except for confidential witnesses.
(6) The prescribed time limits for a hearing were exceeded.
(7) The ward did not receive an impartial hearing by an independent fact finder.
(b) Evidence which was unavailable at the time of the fact finding and now is available which would be material to the findings.
(c) Evidence was not presented or was insufficient to support a finding on each of the necessary elements of the institution rule violation(s).
(d) Dispositions were disproportionate and/or inappropriate to the findings based upon past and current practices.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (a)(8) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of History Note No. 1 filed 6-14-85 (Register 85, No. 26).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
4. Amendment of first paragraph and subsection (a)(4) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§4653. Level B Behavior: Appeal.
Note • History
A level B behavior appeal shall include the following procedures:
(a) A ward shall initiate an appeal by completing an “Appeal of Decision” form (YA 8.410) and submitting one copy to the superintendent's office within 48 hours after receiving the form.
(b) A ward shall have up to five working days in which to prepare his appeal from the date of its submission to the superintendent. This preparation time may be waived by the ward.
(c) The superintendent shall ensure that no report is made to the Board on the disciplinary action under appeal until the appeal process is completed.
(d) The superintendent shall review all appropriate documents to determine if the ward has been treated fairly and whether the ward's reasons for appeal meet the criteria outlined in Section 4652.
(e) The superintendent shall make a decision on the appeal action within five working days upon receipt of the appeal.
(f) The superintendent shall decide on the basis of the written records of the case whether the appeal should be granted or denied, or whether modification or other action is necessary to ensure fairness. If it is necessary to interview the ward or have a hearing regarding the issue, both sides to the action shall be heard.
(g) The superintendent shall record the appeal decision on the “Appeal of Decision” form (YA 8.410). Each issue raised by the ward shall be addressed.
(h) The superintendent's decision and the reasons for the decision shall be forwarded to the ward within two working days of the decision.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment section heading, amendment of subsections (a), (e) and (g),and repealer of subsection (i) filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§4654. Level B Behavior: Second Level Appeal. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of first sentence of subsection (b) and subsection (f)(2) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Repealer filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
Article 6. Parole Rescission Hearings
§4660. Parole Rescission Hearings.
Note • History
(a) When an institutionalized ward, who has been referred to parole, becomes involved in behavior which may result in the loss of that referral, he shall be entitled to a parole rescission hearing as prescribed in Section 4968.
(b) A parole rescission hearing consists of two phases: a fact finding hearing and a disposition hearing.
(c) Both the fact finding and the disposition hearings shall be conducted by a Board member or representative.
(d) Due process protections shall be applied to the hearing and the procedures leading up to it as prescribed in Section 4977.
(e) Exemptions from due process restraints, as outlined in Section 4631, shall not apply.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4661. Criteria for Parole Rescission Proceedings.
Note • History
A ward shall be referred to parole rescission proceedings when:
(a) His behavior falls into the established array of behavior which provides for Level B protections and sanctions. (See Sections 4634 and 4961.)
(b) Staff allege that serious deterioration has occurred in a ward's mental or emotional status. An evaluation by a psychiatrist or psychologist shall be provided to support such allegation.
(c) The referral to parole was based on an erroneous belief.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4662. Preparation for Parole Rescission Hearings.
Note • History
If the ward's behavior falls within the criteria for initiating a parole rescission hearing (see Section 4661), and there is sufficient evidence to proceed:
(a) An investigation report dealing with the allegations and a case report shall be prepared which recommends a disposition and the reasons for that recommendation. If there are multiple allegations:
(1) A recommended disposition for each allegation shall be included.
(2) A modification of the recommended disposition may be included to reflect the possibility that some, but not all, of the allegations will be sustained.
(b) A staff member shall deliver to the ward copies of the investigation report, the case report, and any other written reports to be used in the fact finding hearing.
(c) A staff member shall discuss any questions the ward may have about these reports.
(d) A staff member shall tell the ward that the board hearing coordinator will advise him of his rights.
(e) The ward shall be entitled to five days notice prior to the parole rescission hearing.
(1) The five days notice shall begin when the ward gives a written response to the board hearing coordinator regarding how he wishes to exercise his rights.
(2) The ward may waive the five days notice period.
(3) The board hearing coordinator shall accept a time waiver from the ward only if he believes that the ward is making the waiver on a knowing, informed and intelligent basis.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) The ward has the right to:
(1) Confront and cross-examine any adverse witness, except a confidential witness, who has given information against him.
(2) Invite witnesses to speak in his behalf.
(b) Adverse staff witnesses shall be available for confrontation and cross-examination at the request of the ward.
(c) Staff testimony shall not be used as confidential evidence.
(d) Staff witnesses who have information bearing on the fact finding process shall attend the hearing if requested to do so by the ward.
(e) Staff who are invited by the ward as character witnesses to the disposition hearing may attend at their own option and institution convenience, or may write a letter for the ward.
(f) A ward witness may testify if he is requested and is willing to do so.
(g) Adverse testimony of a ward may be held confidential only if the ward could be in physical danger if his identity were to be revealed.
(1) The specific reasons for holding a ward's testimony confidential shall be written on the same document as his testimony.
(2) The final decision as to confidentiality shall be determined by the hearing officer.
(3) Any confidential ward witness shall be available for interview by the hearing officer.
(h) Witnesses who are not employees of the Department may testify if they are requested and are willing to do so. The same standards for confidentiality shall apply as prescribed in subsection (g)(1)-(3).
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
A ward has a conditional right to legal counsel. (See Section 4968.)
(a) If a ward does not request or does not qualify for legal counsel, he may be entitled to a ward representative. (See Section 4644.)
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) Preparation for parole rescission hearings shall be completed within eight working days.
(b) The time period shall start upon discovery of the behavior or when the investigation focuses on the ward.
(c) The time period remains the same whether or not the ward is in a restricted program.
(d) The case shall be dismissed if preparation is not completed within the allotted time period except when:
(1) The ward wishes to waive the time period for cause, e.g., appointment of counsel, unavailability of witnesses, etc.
(2) Pertinent documents or evidence from local law enforcement authorities are not available.
(3) Physical evidence referred to an outside agency for analysis has not been returned.
(4) The ward is unavailable due to illness, escape, or other absence from the institution.
(5) A state of emergency exists, e.g., conservation camp staff is involved in fire fighting.
(6) The investigation is complex, e.g., a major incident occurred involving five or more wards.
(e) An extension of time, not to exceed five days, may be granted with review at five-day intervals for all circumstances covered in subsection (d)(2)-(6). The ward shall be informed of any time extension and the reasons for such extension.
(f) When circumstances for the time extension no longer exist, the rescission hearing coordinator shall be contacted immediately to arrange for the hearing.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4666. Parole Rescission Hearing Process.
Note • History
The parole rescission hearing shall be conducted in two separate phases by a Board hearing officer as prescribed in Section 4968.
(a) The first phase of the hearing shall be a fact finding hearing if the ward denies the allegations against him.
(b) If the allegations are admitted by the ward or are found to be “true” in the fact finding hearing, the disposition hearing shall be held immediately.
(c) A copy of the resulting Board order shall be forwarded to the ward along with the behavior report, investigation report, and the case report.
(d) The board hearing officer shall dictate a summary of the hearing unless:
(1) The allegations are found to be “not true,” or
(2) The ward admits the facts and parole referral is not rescinded.
(e) A copy of the “Summary of Hearing” shall be served to or mailed to the ward and his legal counsel, if applicable.
(f) An appeal of a parole rescission hearing decision shall be handled through the Board appeal process. (See Sections 4935-4940.)
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 7. Administrative Transfers
§4670. Administrative Transfers.
Note • History
(a) A ward may be transferred, after initial assignment, between institutions, camps, reception centers, and non-Youth Authority facilities for any of the following reasons:
(1) Completion of the ward's program.
(2) Security of the institution or program, e.g., escape risk.
(3) The ward is in need of protection.
(4) Program needs of the ward are not available at the facility recommending transfer.
(5) Request of the California Department of Forestry because:
(A) The ward lacks the ability or capacity to participate in the work program.
(B) Possible danger to the work crews exists.
(6) Compliance with general policies and needs of the Department, institution, or camp unrelated to the individual ward's behavior.
(b) A ward transferred because of special program needs shall be in accordance with Section 4942(f) and (g).
(c) A ward shall not be transferred because of misconduct until the full provisions of the Disciplinary Decision Making System have been completed.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4671. Transfer in a Non-Emergency Situation.
Note • History
A ward shall be provided with a notice of and the reasons for a proposed transfer. The superintendent shall:
(a) Prepare a case report which shall state the reason for the transfer and the program objectives for the ward.
(b) Prepare a “Notice of Transfer” which shall specify the action to be taken and the reason for such action. The notice shall be delivered to the ward not less than 24 hours prior to the implementation of the proposed transfer. If the ward is being transferred as a result of a DDMS action, it is not necessary to serve this notice.
(c) Explain to the ward, at the time the notice of transfer is delivered, the implications of the notice and what the ward's rights are with regard to administrative transfers, including the right to use the ward grievance procedure.
(d) Conduct an interview with the ward, if requested by the ward, prior to the implementation of the proposed transfer, unless circumstances exist which require immediate transfer. If it is determined from the interview that the proposed transfer is inappropriate or improper, the superintendent may cancel the proposed transfer.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4672. Transfer in an Emergency Situation.
Note • History
(a) A ward may be transferred without a 24-hour prior notice or an opportunity for an interview if an emergency condition exists which:
(1) Requires immediate action and failure to act could result in substantial harm or physical danger to the ward, other wards, staff members, state property, and/or,
(2) Would seriously inhibit the effective management of the institution.
When an emergency transfer situation occurs, the superintendent shall:
(1) Prepare and deliver to the ward prior to the transfer a “Notice of Transfer” which shall specify:
(A) The action to be taken and the reason for such action.
(B) The specific reason which justifies the emergency transfer without a 24-hour prior notice or an opportunity for an interview before the transfer.
(C) That the ward has a right to an interview following the transfer.
(2) Prepare within five days following the transfer a case report which shall state the reason for the transfer and the program objectives for the ward.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) A ward shall have the right to:
(1) Challenge the stated reasons for an administrative transfer, and
(2) Have the superintendent consider whether the reason for the transfer is:
(A) Being properly applied,
(B) Appropriate to his program objectives, or
(C) Necessitated by reasons of institutional security.
(b) A ward transferred under an emergency situation and without a prior interview shall receive within eight days of the transfer a copy of the case report. The superintendent (or appropriate person in a non-Youth Authority facility) at the receiving institution shall explain to the ward his rights concerning administrative transfers, including the right to use the ward grievance procedure.
(c) A ward may request an interview with a staff person to discuss his transfer. The interview shall be held within ten days following notification of such request.
(d) If it is determined from the interview that the transfer is inappropriate or improper, the superintendent or appropriate person in a non-Youth Authority facility may:
(1) Return the ward to the sending institution, or
(2) Make arrangements for a transfer to a more suitable institution or facility.
NOTE
Authority cited: Section 112, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4674. Health Facilities Transfers. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1725.2, 1752, 1755.5 and 1756, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4675. Department of Corrections Transfers.
Note • History
A ward who is a criminal court commitment may be transferred to a Department of Corrections facility when such transfer will further the treatment goals of the ward or is in the best interest of the public. Such transfer requires the prior approval of the Department of Corrections.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Article 8. Escapes
Note • History
An incarcerated ward is deemed to be an escapee when such ward, without authorization,
(a) Leaves the facility, or
(b) Leaves the control of staff while off grounds, or
(c) Fails to return to a designated place at a designated time, e.g., while on off-grounds activities.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
A ward is deemed to have made an escape attempt if he:
(a) Escapes from the confines of an institutional security area or from custody of the staff on off-grounds institution activity, but is apprehended in the immediate vicinity by the staff, or
(b) Is involved in any activity which, if completed, could result in an escape, or
(c) Is involved in any action which indicates he intends to escape.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4682. Escape from Non-Youth Authority Health Facility. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4683. Staff Procedure. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4684. Apprehension of Escaped Ward.
Note • History
When apprehending escaped wards, only necessary force shall be used to restrain escapees.
(a) Physical force or handcuffs may be used if the ward is positively identified as an escapee.
(b) Chemical restraint equipment may be used, if necessary, in accordance with Section 4041.
(c) If the suspected escapee cannot be positively identified, staff shall:
(1) Show their Youth Authority identification card before conducting questioning in a courteous manner.
(2) Refrain from accusing the suspect of being an escapee.
(3) Refrain from using physical force except for self protection or the protection of other persons.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; Section 12403, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Escape status shall be terminated when the ward is:
(a) Returned to the institution or camp.
(b) Placed on parole status.
(c) Placed in the custody of a law enforcement agency.
(d) Discharged from the Youth Authority.
(e) Deceased.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Subchapter 2. General Institutional Management Rules
Article 1. General Restrictions and Provisions Relating to Wards
§4690. Informing Wards of Rights and Responsibilities.
Note • History
Wards shall be provided with information regarding their rights and responsibilities.
(a) A newly committed ward shall be provided with an orientation and information program upon arrival at the facility to which he is assigned.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4691. Ward Advisory Committees.
Note • History
A ward advisory committee shall be maintained by the superintendent of each institution, reception center-clinic and camp. Ward members should be selected by their peers. Such committees shall meet with the superintendent a minimum of one time each month for the purpose of informing him of:
(a) General ward concerns, and
(b) Potential problem areas along with suggestions for needed corrective action.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) Superintendents shall maintain standards for ward dress for each institution and camp and shall provide each ward with an adequate complement of clothing.
(b) Each institutional and camp Superintendent shall maintain standards for ward hairstyles and facial hair. All wards shall keep their hair clean and neatly groomed, in compliance with the standards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Amendment filed 10-24-85; effective thirtieth day thereafter (Register 85, No. 43).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4693. Ward Marriages. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
Each institution and camp shall maintain procedures to promptly collect, inventory and safeguard the property of wards. Procedures shall include methods to:
(a) Record receipt, safeguard, and return permissible property to the ward, or provide for other appropriate disposition.
(b) Maintain standards as to the type, amount, and size of property a ward may possess.
(c) Assist a ward recover lost or damaged property.
(d) Assist a ward to obtain reimbursement for lost or damaged property when staff negligence is involved.
(e) Collect, inventory and safeguard the property of a ward who is temporarily away from his usual location.
(f) Dispose of property in excess of the allowable amount when a ward is to be transferred to another institution.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) No limit shall be established regarding the number of persons who may correspond with a ward by mail.
(b) Wards and their correspondents are personally responsible for the content of each item of mail that each sends into or out of a Youth Authority facility. Any violation of laws governing mail may be referred to postal authorities and to appropriate criminal authorities for prosecution. Violations of law or the regulations set forth in this section may result in the temporary suspension or denial of correspondence between the persons involved.
(c) Wards in separate Youth Authority facilities or wards and inmates in other correctional facilities may correspond with each other with prior approval, which will not be unreasonably or arbitrarily denied, of the superintendent, warden or person in charge of each correctional facility. The approval to correspond shall remain in effect even though one or both of the wards or inmates is transferred to another facility. The approval to correspond may be forfeited due to disciplinary violations involving the correspondence or the security needs of the facility. Any such revocation or restriction shall be communicated to both the wards or inmates and administrators of the assigned facilities.
(d) Any exchange of written or printed material between wards of separate or segregated sections of the same Youth Authority facility shall require prior approval of the superintendent, which will not be unreasonably or arbitrarily denied.
(e) There are three types of ward mail: nonreviewable; reviewable; and packages.
(1) Nonreviewable mail shall not be opened or read by institutional staff but may be inspected by other means to determine the presence of physical contraband in the envolope. Nonreviewable mail is correspondence sent to or received from:
(A) A federal, state or local court.
(B) An elected federal, state, or local public official.
(C) An attorney at law listed on active status and in good standing with a state bar association.
(D) The Director of the Youth Authority.
(E) A member of the Youthful Offender Parole Board.
(F) A deputy director.
(G) A superintendent.
(H) A regional administrator of parole.
(2) Nonreviewable mail may be opened and inspected for cause only and only by the ward addressee in the presence of a supervisory staff member.
(A) Cause includes the reasonable belief that the letter is not addressed to or is not from an official or office listed in subsection (1) or when other means of inspection indicates the presence of physical contraband in the envelope.
(B) Upon determining that the envelope contains physical contraband or that there is a misrepresentation of the sender's or addressee's identity, the letter and any enclosures may be examined and read in its entirety to determine an appropriate course of action. If there is an indication of a violation of law or an intent to violate the law, the matter may be referred to the appropriate criminal authorities for possible prosecution.
(3) All other mail not defined as nonreviewable in subsection (1) is reviewable mail. Reviewable mail may be opened, inspected, and read in entirety or in part by designated employees of the facility before it is mailed for or delivered to a ward.
(4) Wards shall be allowed to send packages out of the facility to their correspondents. All outgoing packages, with the excpetion of packages addressed to an official or office listed in subsection (1), shall be inspected by appropriate employees before the package is sealed and mailed. Wards shall not be allowed to receive packages, with the exception of packages sent by an official or office listed in subsection (1). All other incoming packages shall be returned to the sender.
(5) Any item of mail or package, which meets one or more of the following conditions, may be withheld. The superintendent shall notify both the sender and the intended receiver within 48 hours that an item of mail or package has been withheld; the reasons for the action; and subsequent determinations or actions regarding the item of mail or package.
(A) It contains contraband as defined by Section 4710.
(B) It advocates the direct furtherance of a specific criminal act.
(C) It advocates or encourages racial or ethnic hatred and violence.
(D) It advocates or encourages specific acts of violence or physical harm to a person.
(E) It promotes furtherance of institution gang activities that may fall under any of the above categories.
(6) Mail in a language other than English may be subject to a delay for translation of its contents by staff. When such delay exceeds the normal mail processing by five business days the ward shall be notified in writing of the delay; the reason for the delay; and subsequent determinations or actions regarding the item of mail.
(f) Wards shall be informed of the correespondence policy during their orientation to a Youth Authority facility.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; and Procunier v. Martinez, 416 U.S. 396.
HISTORY
1. Order of Repeal of first sentence and subsection (b)(2)(C) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of Note filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Editorial correction of subsection (b) (Register 2001, No. 38).
4. Amendment of section and Note filed 9-20-2001; operative 10-20-2001 (Register 2001, No. 38).
Note • History
The superintendent of each institution or camp shall maintain a visiting program which enables wards to visit with their parents and others. The visiting program shall conform to the following guidelines:
(a) Visiting shall not be restricted as a disciplinary measure.
(b) Visiting may be disallowed or limited when:
(1) The ward or others may be exposed to danger.
(2) The ward may be able to escape.
(c) Under unusual circumstances visiting may be limited because of inclement weather, restricted visiting facilities, or similar conditions.
(d) The visiting period shall be at least once each week.
(e) Information regarding visiting, such as time, place, transportation, and rules of visiting, shall be provided to wards, their families, and other appropriate persons.
(f) A visit may be terminated at any time it becomes dangerous to the security of the institution or welfare of the ward.
(g) Visiting during nonscheduled hours may be permitted on an individual basis when it will not interfere with regular institutional operations.
(h) The superintendent shall provide three levels of supervision for ward visiting:
(1) Privileged Visiting. Privileged visiting and communication between a ward and his attorney of record are confidential and shall not be sound monitored.
(2) General Visiting. General visiting shall be conducted under room or area supervision (usually sight supervision) but not close sound monitoring. Family members and other persons, as determined by the superintendent, may visit under general visiting. The superintendent may restrict visiting in individual cases if such visiting may pose a threat to institution security, or of physical injury to a person.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (h)(3) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
Employees, guests and volunteers who come on to the grounds of an institution or camp or enter the facility for the purposes of visiting a ward may be searched for contraband as a condition of entrance or visitation to the facility.
(a) A search may be conducted when there is reasonable cause to believe the behavior or action of a visitor may post a threat or danger to the security of the facility.
(b) A notice, printed in both English and Spanish, which informs all visitors they are subject to search shall be posted in a conspicuous place at both entrance and departure points to the facility. (See Section 4710.)
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
(a) Wards/inmates, housed in Youth Authority facilities, shall not possess or use tobacco products.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002 and 1004, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of subsection (a) and Note and repealer of subsection (b) filed 6-3-92; operative 7-3-92 (Register 92, No. 23).
Note • History
Each superintendent shall maintain procedures which allow wards to make periodic telephone calls at no expense to the department. These procedures shall include:
(a) The number of telephone calls permitted.
(b) To whom calls may be made.
(c) Duration of calls.
(d) Emergency calls. An emergency call shall be considered an additional (not a regular) call and may be authorized when:
(1) A sudden, unforeseen situation exists, requiring immediate action, and
(2) A telephone call would clarify the situation or relieve anxiety generated by the sudden unforeseen situation.
(e) Monitoring of calls. Wards shall be informed that telephone calls may be monitored for the purpose of maintaining institution security, except that calls between a ward and his attorney shall not be monitored. Notice that telephone calls may be monitored shall be provided to wards by:
(1) Posting a notice in places accessible to all wards.
(2) Affixing labels to all telephones used by wards.
(f) Restrictions. Restrictions on telephone usage may be imposed as a disciplinary measure when abuse of telephone policy or procedure has been established through the DDMS or when such calls conflict with institution operations, supervision, or security.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of subsections (d) and (f) filed 7-3-86; effective thirtieth day thereafter (Register 86, No. 27).
§4700. News Media Access to Institutions and Wards.
Note • History
(a) News media shall have access to institutions, be permitted to tour and photograph the facilities, and conduct brief interviews with wards encountered during such tours unless institution security may be threatened or normal program operations disrupted. Access shall be permitted under the following conditions:
(1) Upon approval by the superintendent or his designee, individual or group interviews and photographs of wards shall be permitted with written consent of each ward if he is:
(A) 18 years of age or older, or
(B) 17 years of age or younger, and with the written consent of a parent, legal guardian, or the committing court.
(2) Between the hours of 8:00 a.m. and 5:00 p.m., or as previously arranged with the institution.
(b) (Reserved)
(c) Correspondence between a ward and the news media shall not be considered privileged, and may be withheld by the institution in accordance with Section 4695.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a)(3) and (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note
Law libraries for ward use shall be maintained in all institutions, except youth conservation camps. Each institution shall maintain a law library program which shall include:
(a) A coordinator, who shall be responsible for the operations of the program.
(b) A library schedule which shall provide library access to wards for at least 30 hours per week at reasonable times.
(c) A procedure which shall ensure that all wards, including those in lockup or otherwise unable to go to the library, will have ready access to the law library resources.
(d) The training of an appropriate number of staff and wards in law research techniques to assist all wards in the use of the law library resources. Wards who have not received this training may also be used to assist in the use of the law library.
(e) A supply of appropriate legal forms, e.g., writs.
(f) A procedure for keeping library materials current.
(g) Methods for photocopying of law library material.
(h) Publication and/or posting of the following types of information in each living unit:
(1) Notice that law libraries are available in each institution for ward use and that trained assistants shall be available to assist them in gaining access to the courts.
(2) A schedule showing the days and hours the library is open and the procedures to follow to gain access to the law library.
(3) That court decisions guarantee wards the right to have access to the courts for the purpose of presenting petitions or other legal documents.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
§4702. Ethnic Holidays. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4703. Off-Grounds Activities.
Note • History
A ward may leave the institution grounds in accordance with institution procedures, as follows:
(a) Wards convicted of felonies listed under Penal Code 290 shall leave institution grounds only if the local law enforcement agency in whose jurisdiction the institution is located is notified within a reasonable time prior to the ward's departure.
(b) Wards convicted of felonies listed under Penal Code 667.6 shall not be released from institutional confinement for the purpose of attendance at any educational institution in any city or county.
(c) Staff-supervised Trips for Program Purposes.
(1) A staff supervised trip for program purposes may be authorized for a ward by the superintendent.
(2) A ward going off grounds shall be accompanied by an employee who has completed Penal Code 832 training.
(3) A ward who is classified as a county referral case, temporary detention case or other parole case shall be permitted off grounds if he is supervised by a staff member, and permission is received from the juvenile court or the parole agent.
(d) Community-based Programs. Except for full board cases which require full board approval, a superintendent may approve ward participation in community-based programs which will improve the ward's ability to function in the community. Programs include:
(1) Work experience.
(2) Junior college curriculum.
(3) Other appropriate activities.
(e) Day Pass. A day pass, defined as the authorization for a ward to leave the grounds of an institution under the supervision of a responsible adult for a period not to extend beyond midnight of the day it is granted, is intended to:
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(f) Training Furlough. A training furlough, defined as the temporary release of a ward as a part of a training program to facilitate the ward's adjustment back into the community
(1) Requires Board approval (see Section 4963).
(2) Is limited to seven days' duration, including travel time. Exceptions may be made by the Board for program purposes or special ward needs.
(3) May be terminated if the furlough privilege is abused.
(g) Emergency Furlough. A ward may be authorized an emergency furlough, as prescribed in Section 4963 if:
(1) The furlough will not pose a threat to the public safety, and
(2) The furlough is in the best interest of the ward, and
(3) There is good reason to believe the ward will not escape.
(h) Emergency Visit. A ward may be authorized an emergency off-grounds visit, with a security escort, if a close family member or guardian is seriously injured, critically ill, or deceased.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; and Sections 290, 667.6 and 2691, Penal Code.
HISTORY
1. Amendment of subsection (c) filed 10-19-79; effective thirtieth day thereafter (Register 79, No. 42).
2. Amendment of subsection (c) filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
3. Amendment filed 4-30-80; effective thirtieth day thereafter (Register 80, No. 18).
4. Amendment filed 10-14-80; designated effective 11-15-80 (Register 80, No. 42).
5. Order of Repeal of subsections (e)(1)-(3) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
6. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4704. Warrants of Arrest/Detention.
Note • History
A superintendent shall have the authority to issue warrants of arrest for wards assigned to that institution or camp. Warrants of arrest authorize and direct any peace officer of the State of California to arrest and/or detain a specified ward. The superintendent may issue a warrant when the ward has jurisdiction and confinement time remaining and at least one of the following situations exists:
(a) A ward is to be removed from the institution for a court-ordered appearance and a warrant is deemed necessary to ensure the ward's return to the institution.
(b) A ward meets temporary restriction criteria, as defined in Section 4637, and requires detention in a local juvenile or adult facility.
(c) A ward is referred to court for prosecution and requires detention in a local juvenile or adult facility.
(d) A ward leaves the boundaries of the institution without permission or is otherwise identified as an escapee.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1767.3, Welfare and Institutions Code; and Sections 830.5 and 836, Penal Code.
HISTORY
1. New section filed 6-4-79 as an emergency; effective upon filing (Register 79, No. 24).
2. Certificate of Compliance filed 8-10-79 (Register 79, No. 32).
3. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4705. Weight Lifting Program.
Note • History
(a) Instruction in the following departmental weight lifting policies shall be completed before any ward shall be allowed to use weights and/or weight lifting equipment in any Youth Authority facility:
(1) Proper use of weights and weight lifting equipment, and
(2) Departmental safety practices that shall be observed when using weights and weight lifting equipment.
(b) The Director, or designees, shall have the option to eliminate or restrict individual or group access to weights and/or weight lifting equipment under the following conditions:
(1) The aforementioned instruction has not been completed; or
(2) The orderly operation of the institution is at risk due to the use of weights and/or weight lifting equipment; or
(3) The use of weights and/or weight lifting equipment poses a safety concern to the institutional population or, staff; or
(4) The ward, as a result of using weights and/or weight lifting equipment, would, when released, pose a safety concern to law enforcement officers or the general public.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 5010(a), 5010(b) and 5010(c), Penal Code.
HISTORY
1. New section filed 11-19-96; operative 12-19-96 (Register 96, No. 47).
Article 2. Contraband and Searches
§4710. Definition and Possession of Contraband.
Note • History
Each superintendent shall define contraband for his facility following the general guidelines that contraband is an item which, if possessed, could by its very nature be injurious to persons or property, would adversely affect program objectives or institutional security, or would require an inordinate amount of staff resources to keep secure or supervise. The definition shall include the legal definition as set forth by Division 10 (commencing with Section 11000) of the Health and Safety Code, Section 1001.5 of the Welfare and Institutions Code, and Section 4502 of the Penal Code. To enforce conformity with the rules governing contraband the superintendent shall:
(a) Post a notice which states that all visitors, staff, volunteers, and guests, including their property and vehicles entering the facility, are subject to being searched on either a regular or random basis.
(b) Post a notice which states that any person who knowingly brings in, or assists in bringing into the facility, any restricted dangerous drug, alcoholic beverage, firearm, weapon or explosive, shall be guilty of a felony.
(c) Ensure that notices are printed in both English and Spanish and be located in a conspicuous place at entrance and/or departure points of the institution or camp.
(d) Prohibit the entrance of contraband including weapons, firearms or explosives into the security area unless there is an extreme emergency.
(e) State and publish for youths, visitors, and staff the institution's definition and standards regarding contraband.
(f) Prohibit youths from receiving or possessing materials which fall into the following categories:
(1) Pictures depicting explicit sexual activity.
(2) Pictures and written material whose sale is prohibited to minors or which can be purchased only at an “adult only” bookstore in the community in which the institution is located.
(3) Material which cannot be legally sold and sent through the U.S. mail.
(4) Pictures which show the subject or his genitals in a state of sexual excitement.
(5) Sex oriented objects, devices or appliances.
(g) Restrict or regulate the display of sex-oriented pictures, which are not otherwise prohibited by this article, outside of a youth's locker or individual room.
(h) Permit youths' access to educational material on human sexuality under the direction of the program coordinator.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and Section 4502, Penal Code.
HISTORY
1. Order of Repeal of subsection (f) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of subsection (e), repealer of reserved subsection (f), subsection relettering and amendment of newly designated subsections (f), (g) and (h) filed 2-18-2011; operative 3-20-2011 (Register 2011, No. 7).
§4711. Search for Contraband or Evidence.
Note • History
Staff may search the person, premises, property, or room of a youth for contraband or for evidence in the investigation of an incident.
(a) Searches shall be conducted:
(1) In a positive and non-demeaning manner.
(2) With the youth present, when possible.
(3) By two staff members, if the search is non-routine or sensitive.
(b) Upon completion of a search:
(1) The youth's property shall be left in a neat and orderly condition.
(2) The youth shall be given a receipt for any items removed during the search.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and Section 4502, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of first paragraph and subsections (a)(2) and (b)(1)-(2) filed 2-18-2011; operative 3-20-2011 (Register 2011, No. 7).
§4712. Contraband Seizure and Disposal.
Note • History
When contraband is withheld or confiscated from a youth:
(a) The youth shall be given a written notice within 48 hours covering the following:
(1) A description of the property withheld/confiscated, including the approximate value, if known.
(2) The reasons for withholding/confiscating the property and its intended disposal.
(3) The right to appeal either the decision to withhold/confiscate the property and/or the intended means of disposal.
(b) Withheld/confiscated property shall not be finally disposed of until the youth has had the opportunity to exercise his right of appeal.
(c) The contraband shall be returned to its rightful or previous owner, mailed to the youth's home, stored and returned to the youth upon release on parole, discarded, or turned over to law enforcement authorities, as appropriate.
(d) Money. Youth may not possess money. If a youth finds money and voluntarily surrenders it, and the rightful owner does not claim it within 30 days, it will be credited to the youth's trust account.
(e) Any money that is confiscated from a youth housed in a DJJ facility shall not be deposited into the youth's individual trust account unless it is obtained according to subsection (d). Confiscated monies not the subject of criminal prosecution shall be processed through the Division of Juvenile Justice, Contraband, General Institutional Management, CN 301, December 22, 2008 process, with confiscated monies deposited into the facility Ward Benefit Account. Division of Juvenile Justice Staff shall complete a Youth Property Receipt, Form DJJ 4.744 (New 08/09) if monies are found in a youth's possession.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; Section 4502, Penal Code; and Section 11469, Health and Safety Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section and Note filed 2-18-2011; operative 3-20-2011 (Register 2011, No. 7).
Note • History
When there is reason to believe that a youth has contraband concealed upon his or her person, he or she may be required to remove his or her clothing and submit to a skin search. Such searches shall be conducted with:
(a) Maximum concern for the youth's privacy and personal dignity.
(b) Only those staff required to conduct the search and to assure health and safety of the youth shall be present.
(c) Only staff who are employed in peace officer classifications and who are of the same sex as the youth or who are licensed medical personnel, shall be present or participate in a skin search.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and Section 4502, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment filed 2-18-2011; operative 3-20-2011 (Register 2011, No. 7).
§4714. Rectal/Vaginal Searches.
Note • History
When there is probable cause that a youth has concealed contraband in the rectal/vaginal cavity, a rectal/vaginal search may be conducted. Such searches shall be conducted under the following conditions:
(a) When administered in a medically approved manner.
(b) With maximum concern for the youth's dignity and privacy.
(c) Performed only by licensed medical personnel.
(d) With only persons of the same sex who are employed in peace officer classifications and/or licensed medical personnel present during the search.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and Section 4502, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of first paragraph and subsection (b) filed 2-18-2011; operative 3-20-2011 (Register 2011, No. 7).
Article 3. Ward Trust Funds, Benefit Funds, and Work Programs
§4720. Credit to Ward Trust Funds.
Note • History
(a) Money in a ward's possession when he is received at an institution shall be credited to his regular trust fund account. These funds may be used by the ward while he is in the institution or camp, according to rules established by the superintendent.
(b) Other funds which shall be placed in a ward's trust fund account are:
(1) Money due a ward for participation in a ward pay program.
(2) Money received from dependent benefit funds. These funds shall be handled in accordance with the regulations of the granting agency.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1752.8 and 1752.81, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4720.1. Restitution Deductions from Trust Account Deposits.
Note • History
(a) When a ward or inmate is committed to, or housed in, a Youth Authority facility and owes any part of a restitution fine or restitution order imposed by a court, the director shall deduct 50 percent or the balance owing, whichever is less, from each ward or inmate trust account deposit made after January 1, 1998, regardless of source of such income, except as specified in (b). The amount deducted shall be credited first to the amount owing on the restitution order, then to the amount owing on the restitution fine.
(b) Free Venture Program deposits, Social Security benefit deposits, and internal Youth Authority trust account transfers are exempt from deductions set forth in (a) and (c).
(c) Additionally, an administrative fee totaling ten (10) percent of the deduction made pursuant to (a) shall be deducted from the ward or inmate trust account deposit for reimbursement of departmental administrative costs.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752.81, Welfare and Institutions Code.
HISTORY
1. New section filed 5-13-98; operative 5-13-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 20).
2. Amendment filed 10-4-2001; operative 11-3-2001 (Register 2001, No. 40).
§4721. Expenditure of Ward Trust Funds.
Note • History
(a) A ward in an institution or camp may use his trust fund for:
(1) Purchase of approved canteen items.
(2) Purchase of handicraft or hobby craft supplies and books.
(3) Purchase of clothing to be used by the ward in lieu of, or in addition to, clothes furnished by the institution or camp.
(4) Food and recreation on off-grounds trips conducted by the institution or camp.
(5) Any other item approved by the superintendent.
(b) A ward's trust fund money shall not be used to repay the state for expenditures made prior to the effective date of entitlement of trust funds unless specifically donated by the ward for such purpose.
(c) A ward trust fund shall not be used as a source of restitution as a result of a Disciplinary Decision Making System disposition hearing.
(d) A ward shall not be induced or coerced by staff to reimburse the state or another person without a court order directing such payment.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1752.8 and 1752.81, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4722. Dependents' Benefits for Ward. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752, 1752.8 and 1752.81, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
Each superintendent of an institution or camp shall maintain a benefit fund account which shall be expended only for the general welfare, education, or entertainment of the wards in the institution or camp at the discretion of the superintendent. Each superintendent shall maintain appropriate accounting records in accordance with departmental procedures. Money for this fund may come from:
(a) Donations by individuals or organizations.
(b) Profits or income from vending machines, canteens, or hobby craft stores operated by or for the institution or camp.
(c) Institutional fund-raising activities.
(d) Other sources as approved by the superintendent.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
The Department may establish a ward pay program, subject to available funds. Guidelines shall include:
(a) (Reserved)
(b) (Reserved)
(c) Restrictions.
(1) A ward shall not work in mailrooms, ward storage files, institutional personnel offices, or restricted areas of hospitals.
(2) A ward shall not provide personal services to the staff.
(3) A ward assigned as a food handler or working in food service areas shall have a prior medical clearance.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1760.4 and 1760.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Note • History
A ward in a work pay program shall be paid on a monthly basis and at a prescribed rate. A ward shall not be assigned to more than one pay position at one time, regardless of the source of funds.
(a) A ward paid under the vocational rehabilitation program of the Elementary and Secondary Education Act (ESEA) shall not be assigned to a ward pay position.
(b) A ward engaged in fire suppression, emergency operations, or related activities shall be compensated at the overtime rate for:
(1) All work and travel time on emergency assignments.
(2) Time worked on holidays or normal days off.
(3) Time spent eating or engaging in fire camp routine before bedding down.
(c) A ward who is not assigned to actual fire or emergency crews but who is required to assist in preparing crews for emergency duty, such as kitchen workers, laundrymen, warehousemen and swampers, may be compensated at the overtime rate.
(d) No payment shall be made for sleeping time.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1760.4 and 1760.5, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
Subchapter 3. Services to Wards
Article 1. Medical and Dental Services
§4730. Medical and Dental Treatment.
Note • History
Medical and dental treatment shall be provided Youth Authority wards according to the following guidelines:
(a) Emergencies, acute illnesses, and traumatic conditions of recent origin shall be treated promptly.
(b) Emergent conditions shall be treated when such treatment is indicated for the welfare of the individual in order to preserve health, prevent permanent disability, or prevent permanent impairment of the health and welfare of the ward. In borderline cases, health care decisions shall be based upon the judgment of the physician or the dentist acting in accordance with the guidelines for the Utilization Review Committee.
(c) Ongoing medical treatment which is necessary for the maintenance of health, including the treatment of chronic conditions such as diabetes mellitus or epilepsy, shall be provided.
(d) Significant functional defects, which would include those incurred prior to Youth Authority commitment or while in a Youth Authority facility, may be corrected if:
(1) There is marked functional disability, or
(2) The delay in the correction of such a disability would result in further loss of function or health impairment.
(e) A ward requiring extensive or long-term medical, surgical, or psychiatric treatment shall, when possible, be considered for return to the committing county or home environment for such care.
(f) Correction of cosmetic defects shall not be provided except where there is marked clinical evidence and expectation that the ward's physical and psychological state may be greatly benefited by the correction of such cosmetic defect.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1755.3 and 1755.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of last sentence of subsection (f) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of section heading and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4731. Treatment Centers. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752, 1755.3 and 1755.5, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4732. Medical and Dental Examination.
Note • History
(a) A ward shall receive a complete baseline health evaluation, including a dental examination, and the physician shall record in the ward's medical record the following:
(1) The ward's complete medical history.
(2) Medical findings.
(3) Treatment recommendations.
(b) (Reserved)
(c) A physical examination for a parole violator returned to a reception center and clinic:
(1) Shall consist of an interval history and physical examination when the previous medical record is available and when, in the judgment of the chief medical officer, the previous information is sufficient.
(2) Shall consist of a complete history, physical examination and laboratory tests when the medical record is not available.
(d) A ward scheduled for transfer to a camp shall be examined to determine fitness and shall receive priority for the necessary dental and/or medical treatment to prepare the ward for camp clearance. The ward may be held for completion of such treatment before being transferred to a camp.
(e) A ward returning to a facility after furlough or escape shall not be permitted to come in contact with other wards until he or she has been examined for infectious diseases and cleared by medical staff.
(f) A ward shall have a physical examination prior to being assigned to work as a food handler or in food service areas.
(g) A ward shall receive a physical examination, and the medical and dental staff shall review his or her medical and dental records upon notification of a projected date for release to parole. When a ward with a disability, illness, or condition requiring continuous medical treatment and medication is released to parole, the chief medical officer shall approve the provision of a 30 day supply of the required medication. For those wards prescribed psychotropic medications that could pose a serious health risk if taken in a suicide attempt, the chief medical officer shall approve the provision of a three (3) day supply of medication and a 15 day prescription. This section does not authorize the dispensing of Drug Enforcement Administration regulated medication or other drugs of high abuse potential unless withdrawal could create side effects.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of section heading and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4733. Consent for Medical or Dental Treatment.
Note • History
(a) Consent shall be obtained for all medical or dental treatment. Treatment and procedures which are complex, as identified by the physician or dentist, and psychotropic medication require informed consent. Informed consent is defined as consent which is obtained without duress or coercion and which clearly and explicitly manifests consent to the proposed medication, treatment or procedure in writing.
(b) A ward 18 years of age or older, or a ward who has emancipated minor status, who is competent to make an informed decision, may give his or her own consent for medical or dental treatment.
(c) A ward 18 years of age or older or a ward who has emancipated minor status, who is not competent to give informed consent, is a ward, who in the professional opinion of a physician or psychiatrist, is considered incompetent to refuse psychiatric treatment or psychotropic medication, or lacks the capacity to refuse medical or dental treatment, or medication. This includes a ward who lacks the ability to knowingly and intelligently act upon the medical information provided.
(d) For a ward under 18 years of age, who legally cannot give informed consent, medical or dental treatment shall be given as follows:
(1) Primary care treatment may be approved by the superintendent in the event that a parent or guardian cannot be located.
(2) Complex treatment, as identified by the physician or dentist, or psychotropic medication for wards under 18 require informed consent from a parent or guardian.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of section heading and repealer and new section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4734. Refusal of Medical or Dental Treatment.
Note • History
(a) A ward, or a parent or guardian if the ward is under 18 years of age, may refuse medical, surgical, mental and/or dental treatment, including the administration of medication; and if the treatment is accepted, may revoke that acceptance at any time in the future. However, necessary medical or dental treatment may be administered to a ward, either an adult or a minor, without consent, or in the absence of a parent or guardian's consent and against his or her will and in accordance with Section 4735. Involuntary psychotropic medication may be administered in accordance with Article 1.5, Section 4747.
(b) The Youth Authority physician or dentist shall explain the consequences of the refusal to the ward or a parent or guardian if the ward is under 18 and record the refusal in the medical record, including a statement of the possible consequences if the medical, surgical, mental and/or dental treatment is not administered.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4735. Compulsory Medical or Dental Treatment.
Note • History
(a) Authorization may be sought from a court to compel necessary medical and/or dental treatment for a ward 18 years of age or older or for a ward under 18, when a parent or guardian refuses to consent or is not available if:
(1) In the professional opinion of the treating physician, the treatment is immediately necessary for the prevention of death or severe physical disability to the ward in question, or
(2) In the opinion of the chief medical officer and the chief of the health care services division, there would be a resultant danger to the welfare and/or safety of the institution and/or staff or wards as a result of the refusal.
(b) Medical or dental treatment, as defined in subsection (a)(1) and (a)(2) may be initiated immediately and continued pending resolution by the court.
(c) Involuntary psychotropic medication may be administered in accordance with Article 1.5, Section 4747.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
Note • History
A female ward in a facility setting who is found to be pregnant and desiring an abortion shall be permitted to determine her eligibility for an abortion pursuant to law, including Article 2, Chapter 2, Division 106 of the Health and Safety Code, and, when determined to be eligible, shall be permitted to obtain an abortion.
(a) Facilities in which female wards reside shall maintain a procedure to:
(1) Advise the ward of the pregnancy and determine necessary steps to assist her in obtaining services pursuant to Article 2, Chapter 2, Division 106 of the Health and Safety Code.
(2) Obtain the services of an independent agency, e.g., Planned Parenthood, to provide counseling and information when the ward indicates she wishes to consider an abortion.
(A) Place the ward in contact with the outside agency and
(B) Provide transportation, if necessary.
(b) When the ward chooses to have an abortion, an independent agency shall be contacted, and arrangements will be made for the abortion by that agency.
(1) Financial arrangements shall be as follows:
(A) The ward assumes financial responsibility, or
(B) The staff arranges to return the ward to the county of commitment, if the ward is a diagnostic commitment pursuant to Sections 704 or 707.2 of the Welfare and Institutions Code.
(2) When the ward is unable to pay her own expenses, staff shall explore available financial resources, such as payment by a parent or guardian or medical insurance. When the ward has inadequate or no financial resources, the Youth Authority shall provide the necessary funds to cover the medical expenses.
(3) Staff shall provide transportation and security coverage as necessary.
(4) Staff shall arrange for appropriate medical follow-up, if required.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1002, 1004, 1752, 1753 and 1755, Welfare and Institutions Code; and Article 2, Chapter 2, Division 106, Health and Safety Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section and Note filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4737. Family Planning Services.
Note • History
Wards shall be provided with adequate family planning services by qualified medical personnel as prescribed in Sections 3409 and 4023.5 of the Penal Code, Section 1753.7 of the Welfare and Institutions Code, and Sections 6920, 6921, and 6925 of the Family Code.
(a) When requested by a ward, family planning services shall consist of:
(1) (Reserved)
(2) Referral to community agencies or a local physician.
(3) Encouragement for ward to enroll in family life education classes.
(b) Parental consent for these services shall not be required.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1753.7, Welfare and Institutions Code; Sections 3409 and 4023.5, Penal Code; and Sections 6920, 6921 and 6925, Family Code.
HISTORY
1. Order of Repeal of subsection (a)(1) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of first paragraph and Note filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4738. Infirmary Care. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4739. Off-Site Medical and Dental Treatment.
Note • History
Off-site health care services may be provided when emergency or other necessary medical, surgical, mental, or dental treatment cannot be provided at a Youth Authority facility. The chief medical officer shall arrange to send the ward to a medical facility with which a contract has been negotiated for emergency and inpatient service, unless the Emergency Medical System makes the decision as to the receiving hospital.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1755.3, 1755.5 and 1756, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4740. Dental Examinations and Treatment.
Note • History
A ward admitted to a reception center and clinic shall receive a complete dental examination and appropriate dental treatment shall be initiated.
(a) When dental treatment cannot be completed at a reception center and clinic, the remaining treatment shall be completed at the institution to which the ward is transferred.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
2. Amendment of first paragraph and subsection (a) and repealer of subsection (b) filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4741. Environmental Inspection. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 1.5. Mental Health
§4742. Availability of Mental Health Services.
Note • History
(a) The Department shall provide wards, who have been diagnosed by a Youth Authority Global Assessment of Function (YA-GAF) as having a mental disorder, with available mental health treatment services.
(b) Mental health services shall be provided in a manner consistent with the community standards of mental health care.
(c) The goal shall be to achieve a standardized and integrated system of care designed to augment current treatment programs and to create a continuum of services as follows:
(1) Treatment in a Correctional Treatment Center (CTC), which provides licensed hospital inpatient acute and nonacute care.
(2) Treatment in an Intensive Treatment Program (ITP), which provides residential intensive treatment.
(3) Treatment in a Special Counseling Program (SCP) which provides residential specialized counseling services and therapy.
(4) Treatment while housed in a general population program, which provides therapy with a psychiatrist or psychologist.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
Note • History
(a) The Unified Health Record is the official and chronological record of mental health treatment and shall be used to document that appropriate care has been delivered.
(b) The Unified Health Record shall be subject to the Information Practices Act of 1977 of the Civil Code, Sections 1798-1798.82 of Chapter 1 governing confidentiality and disclosure.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4744. Suicide Prevention, Assessment, and Response.
Note • History
(a) The superintendent of each facility shall establish a suicide prevention, assessment, and response policy that is consistent with the following elements:
(1) Identification and screening based on a file review and a face-to-face interview with each ward upon intake at each reception center and clinic, institution, or camp.
(2) Assessment and referral to include:
(A) Referral of any potentially suicidal ward to the appropriate mental health professional.
(B) Assessment of the ward's suicidal status at each progress case conference.
(C) Immediate referral to the appropriate mental health professional for any ward who appears to need intervention.
(3) Crisis management based on direct daily contact with wards and skills in observation and awareness of changes in mood or behavior.
(4) Immediate intervention after direct visual evidence of a suicide attempt, a suicide threat, or indications of suicidal ideation.
(5) Monitoring guidelines for actively suicidal wards to include:
(A) Constant sight supervision by staff on a one-on-one basis unless video monitoring is available.
(B) Personal and verbal contact at no more than 15 minute intervals with documentation of each 15 minute check.
(C) A determination by the appropriate mental health professional of the level of housing, supervision, and programming necessary to effectively manage the crisis. The decision to remove a ward from suicide watch is to be made only by a designated psychiatrist or psychologist.
(6) Training for all staff in the recognition of signs of suicidal ideation or intent and suicide prevention.
(A) Orientation for all volunteers and others working with wards in the recognition of suicidal ideation or intent.
(B) Annual training for mental health professionals designated as the primary caregiver for suicidal wards.
(7) Standardized reporting and collection of data regarding suicide threats, gestures, and attempts with review by a Suicide Prevention and Review Committee at each institution and a Branch Committee.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4745. Youth Authority Global Assessment of Functioning (YA-GAF).
Note • History
(a) The YA-GAF is the primary diagnostic assessment of mental disorder for Youth Authority wards and the basis for assignment to mental health treatment programs.
(b) The YA-GAF shall:
(1) Describe symptoms and behavior unique to adolescent and young adult wards in Youth Authority facilities.
(2) Identify wards who will receive the most benefit from the mental health treatment programs.
(3) Identify wards who are not appropriate for the mental health treatment programs and who require an alternative approach.
(4) Ensure a consistent screening for mental health treatment programs through the use of a standardized YA-GAF screening form, YA 8.216 (Revised 2/01).
(c) The YA-GAF screening shall consist of a face-to-face assessment of wards by a trained team of two mental health professionals, one of whom must be a clinical psychologist or psychiatrist.
(d) Oversight of the YA-GAF screening process shall be provided by a Utilization Review Panel at each facility, which shall review a random sample of at least two YA-GAF screenings every 30 days.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
. 1.New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4746. Psychotropic Medication.
Note • History
(a) Psychotropic medication shall be ordered and administered only after a psychiatrist, in consultation with the treatment team, has evaluated the ward, arrived at a differential diagnosis, and concluded that the ward would benefit from a psychotropic medication.
(b) The psychotropic medication shall be justified with a YA-GAF evaluation and a full and proper Diagnostics and Statistics Manual IV (DSM IV) diagnosis with linkage for a specific effect to the mental health diagnosis in Axis I or the behavioral diagnosis in Axis II
(c) All psychotropic medication shall be administered by directly observed therapy by nursing personnel and shall be properly recorded in the Unified Health Record.
(d) Informed consent shall be obtained for the administration of voluntary psychotropic medication in accordance with Article 1, Section 4733.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§4746.5. Voluntary Psychotropic Medication to Minors.
Note • History
(a) Voluntary psychotropic medication may be administered to a minor committed to the Youth Authority only for treatment of signs and symptoms of a Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (2000) (DSM-IV-TR tm), diagnosis with linkage for a specific effect to the mental health diagnosis in Axis I or the behavioral diagnosis in Axis II.
(b) In order to administer psychotropic medication to minors committed to the Department informed consent shall be obtained in accordance with Article 1, Section 4733. If the Department is unable to locate a parent or legal guardian to receive informed consent, voluntary psychotropic medication may be administered under the following circumstances:
(1) When two physicians have reviewed the need and agree that it is medically appropriate, and
(2) When the minor agrees to the administration of psychotropic medication and an Application for Order for Psychotropic Medication-Juvenile (Judicial Council form JV 220 (New 1/1/01)) is filed with the juvenile court of commitment.
(c) If the medication is administered according to the above procedures and the court denies the Application for Order, the medication shall terminate. The termination of medication shall be done in keeping with medical standards.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1753.3 and 1755.4, Welfare and Institutions Code.
HISTORY
1. New article 1.5 (section 4746.5) and section filed 11-29-2001 as an emergency; operative 11-29-2001 (Register 2001, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-2002 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-29-2001 order, including amendments, transmitted to OAL 3-28-2002 and filed 5-8-2002 (Register 2002, No. 19).
§4747. Involuntary Psychotropic Medication.
Note • History
(a) Involuntary psychotropic medication may be administered in an emergency. An emergency exists when:
(1) There is a marked change in the ward's condition that indicates that action is immediately necessary for the preservation of life or the prevention of bodily harm to self or others, and
(2) It is impracticable or impossible to obtain informed consent.
(b) The administration of psychotropic medication in an emergency shall be only that which is required to treat the emergency condition and shall be provided in ways which are the least restrictive to the personal liberty of the ward.
(c) The administration of psychotropic medication in an emergency may be continued for 72 hours on the order of the psychiatrist or physician.
(d) The chief medical officer at each facility shall ensure that a log is maintained in which each occasion of involuntary psychotropic medication is recorded for each ward.
(1) The log shall identify the ward by name and number, and shall include the name of the ordering physician, the reason for medication and the time and date of medication.
(2) The log shall be reviewed by the chief medical officer at least monthly and shall be made available for review by the chief of the health care services division upon request.
(e) The administration of involuntary psychotropic medication in excess of 72 hours for wards 18 years of age or older or emancipated minors shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.
(1) The administration of involuntary psychotropic medication in excess of ten days shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, supra.
(2) The administration of involuntary psychotropic medication in excess of 24 days shall be prohibited unless such wards are provided with the protections required in Keyhea v. Rushen, supra.
(A) The judicial hearing for the authorization for the involuntary administration of psychotropic medication provided for in part III of Keyhea v. Rushen, supra, shall be conducted by an administrative law judge.
(B) The judicial hearing may, at the direction of the director, be conducted at the facility where the ward is located.
(f) The administration of involuntary psychotropic medication in excess of the 72 hours for wards under the age of 18 who are not emancipated minors shall be in accordance with the following and shall occur only when a parent or guardian denies consent as defined in Article 1, Section 4733 or when a parent or guardian is not available:
(1) If consent is denied by a parent or guardian and the ward meets the criteria identified in Keyhea v. Rushen, supra, the procedures in subsection (c)(1) through (c)(4) shall be initiated.
(2) If consent is denied by a parent or guardian and the ward does not meet the criteria identified in Keyhea v. Rushen supra but has a diagnosed mental health condition that would benefit from psychotropic medication, medication shall not be administered. Psychotherapy shall be initiated and the progress and outcome recorded in the Unified Health Record.
(3) If the parent or guardian is not available and the ward meets the criteria identified in Keyhea v. Rushen, supra, the procedures in subsection (c)(1) through (c)(4) shall be initiated.
(4) If the parent or guardian is not available and the ward does not meet the criteria identified in Keyhea v. Rushen, supra, consultation from a community psychiatrist shall be obtained. Administration of psychotropic medication shall be based on the recommendation of the community psychiatrist.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code; Keyhea v. Rushen, Solano County Superior Court No. 67432, Order Granting Plaintiffs' Motion for Clarification and Modification of Injunction and Permanent Injunction, filed October 31, 1986.
HISTORY
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
Article 2. Religious Services
Note • History
(a) Religious services are regularly scheduled weekly gatherings of a religious faith group such as Catholicism, Protestantism, Islamism, Judaism, and Native American.
(b) Alternate religious services are sessions provided to individual ward(s) who are restricted from attending, or otherwise unable to attend (e.g., medical reasons), regularly scheduled weekly gatherings of a religious faith group. Alternate religious services are considered religious services.
(c) Religious programs are regularly scheduled religious ancillary activities for various faith groups, such as Bible study groups, catechism, and choir rehearsal.
(d) Special religious activities are activities other than regularly scheduled religious services and programs such as epiphanies, baptisms, and religious retreats.
(e) Faith group leaders are defined as people in good standing with their faith group who can provide services and/or programs to their designated faith group.
(f) Religious volunteers are members of the community who represent various religious faith groups.
NOTE
Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institutions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment I, United States Constitution.
HISTORY
1. New section filed 1-25-2005; operative 2-24-2005 (Register 2005, No. 4). For prior history, see Register 85, No. 26.
§4750.1. Religious Services to Wards.
Note • History
(a) The Department recognizes the inherent right of individuals to exercise their constitutional rights to hold religious convictions and practice religion. The Department shall ensure all wards are afforded the reasonable opportunity to participate in religious services and programs as provided in these regulations. The exercise of religious freedom without discrimination, harassment, or preference is guaranteed unless such is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.
(b) The Department shall not place a substantial restriction on a ward's exercise of religion unless the exercise is inconsistent with a compelling governmental interest (including safety and/or security interests) or promotes violence or illegal acts. The Department shall document what alternatives were considered and allow the least restrictive means that does not violate the above standard.
(c) If religious services of a ward's faith are not available in the facility, the chaplains shall make a good faith effort to facilitate services or counseling with a faith group leader or volunteer representative of the ward's faith.
(d) The facility superintendent shall provide all wards access to religious services and/or alternate religious services at least once a week.
(1) Each ward shall have the opportunity to attend one religious service per week of his or her choice.
(2) Wards may be restricted from attending religious services for the following reasons only:
(A) Ward is on Temporary Detention.
(B) Ward is assigned to a Special Management Program.
(C) Ward is on Administrative Lockdown.
(D) Ward or group of wards presents a safety and/or security risk to a religious service, as determined and documented by staff.
(3) Wards restricted or otherwise unable to attend a religious service shall be provided access to a chaplain/faith group leader for alternate religious services.
(4) If there is a limit to the number of wards who can attend a religious service due to lack of room capacity or for security reasons, priority shall be given to wards of the designated faith group; however, additional or alternate services shall be held to accommodate all wards who requested to attend.
(e) Each ward shall have the opportunity to explore other faith groups by attending religious programs of any religious faith group, regardless of his/her designated religious faith group.
(f) A ward may be restricted from attending religious programs for the following reasons:
(1) Ward is on Temporary Detention.
(2) Ward is assigned to a Special Management Program.
(3) Ward is on Administrative Lockdown.
(4) Staff, with a manager's approval, determine that the ward or group of wards presents a safety and/or security risk to a religious program.
(g) A ward may also be restricted from attending a religious program for the following reasons; however, whenever practical, a reasonable good faith attempt should be made to schedule the below events to not conflict with religious programs:
(1) Serving Disciplinary Decision-Making System (DDMS) room restrictions.
(2) Attending mandated treatment groups.
(3) Attending Case Conference.
(4) Attending Institutional Classification Committee hearings.
(5) Attending Youth Authority Board hearings.
(6) Conflict with assigned school classes.
(h) Restriction of wards from religious programs will not be based on poor program performance on the living unit, academic areas, or because of status or phase in a program.
(i) The Department shall allow wards to exercise their constitutional religious rights and to express their religious tenets and personal religious convictions through:
(1) The observance of religious holy days
(2) Grooming
(3) Personal Property
(A) Wards may wear one cross, or one medallion or one medicine bag at all times underneath his/her garment. Wards who wish to wear or carry other artifacts will only be allowed to do so when going to or from religious services and programs.
(B) All religious artifacts/materials shall be subject to search by staff.
(C) Wards who choose to wear a medicine bag must adhere to the following security guidelines:
1. Medicine bags shall not be sewn closed in order to facilitate searches.
2. Searches of medicine bags shall be accomplished by having the ward turn the bag inside out in the presence of staff and pouring the contents into her/her hands.
(4) Literature
(5) Diet
(A) Any ward that requests a religious diet shall be responsible for informing the facility chaplain (or religious representative of his/her faith) in writing.
(B) Each facility shall make reasonable efforts to accommodate those wards that require religious diets.
(C) Religious diets shall be nutritionally adequate when certain foods are excluded by a ward because of his/her religious dietary restrictions.
(D) A ward must remain on a religious diet for a minimum of 30 days due to administrative and purchasing constraints.
(6) Rights set forth in subdivision (i)(1) through (5) above are subject to limitations if inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.
(j) The Department shall restrict the following religious practices and activities:
(1) Activities that advocate racial purity or violence or illegal activities as a means of achieving that goal.
(2) Animal sacrifice
(3) Consumption of blood
(4) Consumption of alcohol
(5) Encryption/coding
(6) Ingestion of illegal substances
(7) Nudity
(8) Paramilitary exercises
(9) Profanity
(10) Racially inflammatory activities that are reasonably likely to cause violence at the facility
(11) Self defense training
(12) Self-mutilation
(13) Sexual acts
(14) Use or display of weapons
(15) Possession of any incendiary devices, i.e. matches, fuel
(16) Any act or practice that is inconsistent with the safety and/or security of the facility or promotes violence or illegal acts.
(k) When placing a restriction on a ward's religious exercise, the Department shall document what alternative accommodations were considered. In addition the ward's preferred option shall be allowed when not inconsistent with the safety and security of the facility.
(l) Chaplains, religious leaders, religious volunteers, staff, members of the community or wards may not proselytize (i.e., initiate unsolicited, unwanted, or forceful attempts to persuade another individual to convert from one religious belief to another).
NOTE
Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institutions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment I, United States Constitution.
HISTORY
1. New section filed 1-25-2005; operative 2-24-2005 (Register 2005, No. 4).
§4751. Chaplain/Ward Communication.
Note • History
(a) A Chaplain may hold in confidence any information concerning a ward in his care which would be against the tenets of his religion to divulge. If a ward divulges or wishes to divulge information that concerns the safety of the ward, the safety of others, or the facility's security, the chaplain shall:
(1) Encourage the ward to discuss such information with the appropriate staff, and
(2) Obtain the ward's permission, if possible, to pass on such information.
(3) Notify the Superintendent immediately of any information that impacts the safety and/or security of an individual ward or of the facility, if to do so will not violate the Chaplain's religious tenets (such as sacramental confession or other penitential communication that the Chaplain is required to keep secret under the rules of his/her religious organization).
NOTE
Authority cited: Sections 1002, 1004, 1712 an 1752, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1705, and 1752, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
3. Amendment of section and Note filed 1-25-2005; operative 2-24-2005 (Register 2005, No. 4).
Article 3. Education Program
§4760. Instructional Programs.
Note • History
(a) Curricula shall be developed which will provide worthwhile and meaningful learning experiences commensurate with and related to a ward's:
(1) Age, capabilities, educational needs, goals and interests.
(2) Individual needs when he returns to the community.
(b) Academic programs shall be designed to meet requirements for high school graduation, or its equivalent, and enable the ward to achieve his academic potential.
(c) The remedial, vocational, and academic programs offered shall meet the standards established for the Youth Authority by the State Department of Education.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of first sentence and subsections (d) and (e) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4761. Physical Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
The ward shall be given adequate information on all aspects of family life, family planning, education, and human sexual behavior, whenever possible. The ward shall be free of coercion or pressure to accept family planning services against his will.
NOTE
Authority cited: Sections 1712 and 1751, Welfare and Institutions Code. Reference: Sections 1001, 1002, 1004, 1752, 1753.7 and 1768, Welfare and Institutions Code; Sections 3409 and 4023.5, Penal Code; and Section 34.5, Civil Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4763. Survival Education. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4764. Career Education Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4765. College Programs. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4766. Elementary and Secondary Education Act.
Note • History
(a) Only wards who are eligible for ESEA Title I programs may participate in ESEA funded programs.
(b) A ward is eligible if he is:
(1) Under 21 years of age, and
(2) Not beyond grade 12.
(c) The institution education committee shall serve as the ESEA advisory committee. The advisory committee shall meet regularly to provide advice and consultation on all aspects of the Title I program.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 102, 1004, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of first sentence filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4767. General Education Development Tests.
Note • History
The Youth Authority may administer General Education Development (GED) tests or make arrangements for a ward to be tested at a local public school if the ward:
(a) Is 18 years of age or older, and
(b) Scores at least at the eighth grade level on the Standardized Achievement Test, and
(c) Scores at least 8.0 on the Standardized Achievement Test for math.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1001, 1002,1004, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter (Register 85, No. 47).
§4768. Records, Evaluations and Transcripts. [Repealed]
Note • History
NOTE
Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1768, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Chapter 4. Parole Services
Article 1. General Provisions [Repealed]
HISTORY
1. Repealer of article 1 (sections 4800-4802) filed 6-6-83; operative 7-6-83 (Register 83, No. 24). For prior history, see Register 82, No. 44.
Article 2. Pre-Parole Services [Repealed]
HISTORY
1. Repealer of article 2 (sections 4808-4815) filed 6-6-83; operative 7-6-83 (Register 83, No. 24). For prior history, see Register 82, No. 44.
Article 3. Parole Supervision
§4820. Initial Contact. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 44).
§4821. Registration of Special Cases. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1767.2, Welfare and Institutions Code; 290, Penal Code; and 11590 and 11592, Health and Safety Code.
HISTORY
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 44).
§4822. Continuing Supervision.
Note • History
(a) Each parolee shall have at least one face-to-face contact each week during his first 30 days on parole. Thereafter, face-to-face contacts shall be required at least bi-weekly.
(b) Additional contacts may be necessary depending on the parolee's treatment plan.
(c) The location of the contact shall be determined on an individual basis.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No. 31).
2. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766, Welfare and Institutions Code; 833, Penal Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Note • History
In accordance with Section 4972 the parole agent shall at least annually report to the Board a parolee's progress on parole, and shall assess and report on the need for continued parole supervision.
(a) The parolee shall be notified of the date, place, and the right to appear, and be provided a copy of the parole agent's report, at least 10 days prior to the annual review by the Board.
(b) When the parolee is in custody in a non-Youth Authority facility, the parole agent shall:
(1) Provide the parolee with a copy of the parole agent's report.
(2) Notify the parolee of his right to submit a written response to the report.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1761 and 1762, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Repealer of subsection (b) and relettering of subsection (c) to subsection (b) filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) Register 82, No. 44).
§4826. Temporary Detention. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1768, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Change without regulatory effect repealing section filed 12-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
Note • History
(a) The parole agent may approve a parolee's request to travel outside the state for:
(1) Visits under 30 days.
(2) Temporary residential moves.
Upon approval of the request to travel out-of-state, the parole agent shall issue a travel permit to the parolee for such purposes.
(b) The parolee shall be required to sign an appropriate waiver of extradition form prior to the approval of the out-of-state travel request.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1300, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction filed 9-21-82 (Register 82, No. 39).
§4828. Revised Parole Conditions. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1766, Welfare and Institutions Code.
HISTORY
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 44).
§4829. Electronic Monitoring Home Restriction.
Note • History
(a) Definition: Electronic Monitoring Home Restriction means the placement of a device on the person of a parolee which would electronically monitor his/her location so that the parolee may remain in his/her own home or placement, in lieu of being placed in custody or remaining in circumstances which are likely to result in violation of the law and/or parole. The parolee would be confined to the home except for approved activities, as described in (b)(2).
(b) To participate in Electronic Monitoring Home Restriction a parolee must meet the following criteria:
(1) The parolee voluntarily agrees to participate.
(2) The parolee is working, in school, in job training, or in a program that promotes education, employability, or rehabilitation and adjustment to the community as prescribed by the parole agent including but not limited to:
(A) Job Search
(B) Outpatient Substance Abuse Treatment
(C) Outpatient Mental Health Treatment
(3) The parolee is not a danger to himself/herself, others, or the community.
(4) Parolee's behavior is such that if not corrected will lead to a substantial violation of the conditions of parole.
(c) Duration of Electronic Monitoring Home Restriction
(1) The duration of Electronic Monitoring Home Restriction shall be a minimum of ten (10) days and shall not exceed 90 continuous days, unless an extension is agreed upon by the parolee and the parole agent.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1766 and 1768, Welfare and Institutions Code.
HISTORY
1. New section filed 6-25-90; operative 6-25-90 (Register 90, No. 34).
Article 4. Services to Parolees
Note • History
Parole staff shall assist parolees in obtaining adequate housing, employment, financial assistance, social and medical services, educational placement, and other resources or services which will increase the likelihood of a parolee's adjustment in the community.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction filed 9-21-82 (Register 82, No. 39).
§4830.1. Limitations on Parole Services for Aliens.
Note • History
(a) All eligibility requirements contained herein shall be applied without regard to race, creed, color, gender, religion, or national origin.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (8 U.S.C. Section 1621), and notwithstanding any other provision of this division, aliens are not eligible to receive the following parole services unless they are, as defined by federal law, “qualified aliens” (see 8 U.S.C. Section 1641), “nonimmigrant aliens” under the Immigration and Nationality Act (see 8 U.S.C. Section 1101(a)(15)) or “aliens paroled into the United States under 8 U.S.C. Section 1182(d)(5) for less than one year”:
(1) Bus passes
(2) Mental health treatment and services
(3) Parenting education
(4) Job placement
(5) Cash assistance
(6) Clothing assistance
(c) Prior to release on parole, the Department shall submit documentation and a request for verification of alien's status to the Immigration and Naturalization Service (INS). Determination of an alien's status shall be made by INS. This determination shall be based on the receipt of documents of a type acceptable to the INS which serve as reasonable evidence of the alien's status.
(d) When documentation under (c)(1) has been received which indicates that as defined by federal law the alien is a “qualified alien,” a “nonimmigrant alien,” or an “alien paroled into the United States for less than one year” the alien shall be eligible for parole services until and unless the Youth Authority receives written confirmation from the INS that the alien does not have such status.
(e) Pursuant to federal law (8 U.S.C. Section 1642(d)) a nonprofit charitable organization that provides services to parolees shall not be required to determine, verify, or otherwise require proof of eligibility with respect to immigration status or alienage.
(f) An alien whose parole services are terminated under this section may use the grievance procedure set forth in Article 5 of this Division.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 411, Personal Responsibility and Work Opportunity Reconciliation Act of 1996; and 8 U.S.C. Section 1621.
HISTORY
1. New section filed 3-26-98; operative 3-26-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 13).
§4831. Financial Assistance to Parolees. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.2 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752 and 1767.5, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4832. Purchase of Community Counseling. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4833. Purchase of Counseling Program. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4834. Medical Care of Parolees.
Note • History
(a) Notwithstanding any other provisions in this division, parolees are responsible for their own general medical care. Parents or guardians of parolees under 18 years of age are responsible for providing medical care for the parolee.
(b) A parole agent may arrange for essential medical care if the parolee refuses or is unable to consent to such medical care, or, if the parolee is under 18 years of age and the parent/guardian is unavailable or refuses to give consent.
(1) A parole agent shall seek court authorization to provide essential medical care for parolees under 18 years of age.
(2) A parole agent may authorize the commencement of essential medical care, pending court authorization, if the physician(s) involved is of the professional opinion that there would be unwarranted risk to the parolee if medical treatment is not begun at once.
NOTE
Authority cited: Sections 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1755.3, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Amendment of subsection (b) filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4835. Substance Abuse Treatment.
Note • History
Parolees may be required to attend established alcohol and drug treatment programs in the community, including methadone maintenance programs.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction filed 9-21-82 (Register 82, No. 39).
§4836. Educational Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4837. Employment Services. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4838. Visits by Chaplains to Wards on Parole. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1705, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4839. Out-of-Home Placements.
Note • History
(a) A parolee who requires an out-of-home placement shall be lodged in a living facility that does not endanger his physical or emotional well being.
(b) The facility shall conform to state laws and regulations, including those governing fire safety.
(c) The foster parents and/or responsible adults in the out-of-home placement may be required to assist in implementing specific parole plans for a parolee.
(d) The home shall be adequately supervised at all times.
(e) Discipline shall be fair and reasonable. Corporal punishment shall not be permitted under any circumstances.
(f) A parolee may be required to participate in training on the routine functions of daily living, household chores and other tasks.
(g) Foster parents and/or responsible adults shall permit a parolee to practice his own religious beliefs.
(h) Meals shall be served regularly and the diet shall be nutritionally well-balanced, adequate and suitable to the needs of each parolee.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
§4840. Medical Care in Out-of-Home Placements. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4841. Space and Furnishing Requirements. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4842. Trust Funds. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752, 1752.8 and 1752.81, Welfare and Institutions Code.
HISTORY
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 44).
§4843. Sealing of a Ward's Records. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 781, 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§4844. Assistance to Discharged Persons. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Article 5. Parole Violation, Detention and Revocation
Note • History
(a) Definitions. For the purpose of the regulations contained in this article, the following words shall have the following meanings:
(1) Charges. Behaviors and corresponding codes describing the alleged violation(s) of parole conditions.
(2) Corrective Action Plan, DJJ 3.221 (REV 04/09) incorporated by reference. A treatment and supervision sanction in the community developed at the parole field unit level, imposed upon parolees in response to parole violations as an alternative to revocation for which detention is not warranted.
(3) Date of Discovery. The date that the Division of Juvenile Justice obtains knowledge that an alleged violation of parole has occurred.
(4) Detention Criteria. Factors or behavior(s) that may demonstrate a need for detention:
(A) Parolee is a danger to himself/herself;
(B) Parolee is a danger to the person or property of another;
(C) Parolee is a risk to abscond from parole supervision; or
(D) Parolee's mental state has deteriorated to the point where it is likely that there is a threat to public safety.
(5) Disability. A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment or condition; or being regarded as having such an impairment or condition.
(6) Effective Communication. Communication with persons with disabilities or those with limited English skills and reading ability that is as effective as communication with others. Effective communication may require the use of an appropriate auxiliary aid or service, or may be achieved by methods such as speaking clearly or using simple language and soliciting feedback to ensure understanding.
(7) Good Cause. Justifiable, legitimate, and unforeseeable reason for the delay, asserted in good faith and caused by factors that are beyond the control of the Division of Juvenile Parole Operations, the Juvenile Parole Board, or the Division of Juvenile Justice.
(8) Not-In-Custody. A parolee who is not on a Division of Juvenile Justice parole hold.
(9) Notice of Charges, DJJ 3.274 (REV 04/09), incorporated by reference. An official action conducted by Division of Juvenile Justice staff to personally serve a parolee notice of the charges against him/her including a short factual summary of the charged conduct.
(10) Notice of Parole Revocation Rights and Acknowledgement, DJJ 3.270 (REV 08/10), incorporated by reference. An advisement to a parolee of his/her procedural and due process rights in parole revocation proceedings.
(11) Parole Hold. Any invocation by the Division of Juvenile Justice of their authority to involuntarily detain a parolee for revocation proceedings and/or commence revocation proceedings pursuant to Welfare & Institutions Code §1767.3. This term shall not apply to the detention of a parolee who has absconded from the State of California until he or she is physically returned to the State of California and is in custody.
(12) Parole Violator. A parolee who violated a condition of parole, and who has been revoked and returned to custody.
(13) Probable Cause Hearing. A hearing in which the juvenile parolee appears and at which it is determined whether there is probable cause to believe that the juvenile parolee has violated a condition of parole and, if so, whether the juvenile parolee should be detained during the revocation process.
(14) Reasonable Accommodation. A modification or adjustment that will help provide equal access to programs, activities and services for parolees with disabilities or effective communication needs.
(15) Revocation Extension Hearing. The two-phase hearing (evidentiary and disposition) in which a parole violator appears before the Juvenile Parole Board, at which it is determined whether the preponderance of the evidence shows that the parole violator committed Willful Program Failure or Serious In-Custody Misconduct, and in which the parole violator's parole revocation period may be extended. A parole violator's parole revocation period may not be extended because of the Division of Juvenile Justice's failure to provide a recommended program at all or in a timely manner.
(16) Revocation Extension Probable Cause Hearing. A hearing in which the parole violator appears and at which it is determined whether there is probable cause to believe that the parole violator committed either Serious In-Custody Misconduct or Willful Program Failure.
(17) Revocation Hearing. A two-phase hearing (evidentiary and disposition) at which it is determined whether the preponderance of the evidence shows that a parolee violated a condition of parole and whether the parolee should be returned to parole supervision or remanded to custody.
(18) Revocation Proceeding/Revocation Process. All stages of the process by which a parolee/parole violator may be returned to or retained in custody following an alleged parole violation up to and including the revocation or revocation extension hearing and any administrative appeal. In the case of alleged parole violators who are not in custody, the revocation process begins when the parolee is notified of the pending charges and of his/her rights.
(19) Revocation Release Date. The date in which a parole violator will be released to the community.
(20) Serious In-Custody Misconduct. In-Custody behavior by a parole violator that poses an immediate and serious threat to the safety and security of youth, staff or property within the facility.
(21) Violation Levels.
(A) Level 1: Minor violations of parole for which detention may not be warranted.
(B) Level 2: Selected minor law violations, moderate technical violations, or repetitive Level 1 behavior for which detention may not be warranted.
(C) Level 3: Any behavior that the Division of Juvenile Parole Operations believes represents a risk or threat to public safety. Level 3 violations are mandatory referrals to the Juvenile Parole Board.
(22) Willful Program Failure. Repeated and intentional refusal to attend and/or participate in a treatment and training program. The repeated refusal shall be documented by treatment staff. Staff shall specify the dates of non-participation and shall include information demonstrating that the parole violator does not have a mental or physical impairment that prevents him/her from fully participating in the program. A parole violator shall not be charged with willful program failure when program unavailability, facility lockdown, instructor absence or other circumstances beyond the parole violator's control prevent him/her from completing the program prior to the expiration of his/her revocation term.
NOTE
Authority cited: Sections 1712 and 1751, Welfare and Institutions Code. Reference: Section 1752, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8). For prior history, see Register 82, No. 44.
Note • History
A Parole Agent, or any peace officer designated by a Division of Juvenile Justice Parole Agent for a specific purpose, may search the person, property or residence of a parolee as a necessary adjunct to parole supervision and surveillance. The purposes of such searches are to:
(a) Discover evidence of a law or parole violation.
(b) Assure that evidence indicating a law or parole violation is not destroyed.
(c) Assure that no dangerous weapon is possessed by a parolee arrested by the Parole Agent or peace officer.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766, Welfare and Institutions Code; and Section 830.5, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Amendment of first paragraph and subsection (c) filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) Searches shall be conducted pursuant to a Parole Agent having reasonable cause to believe that evidence indicating a law or parole violation will be disclosed.
(b) A request from another agency or person to search a parolee or his/her premises shall include supportive evidence or information to constitute reasonable cause for a Parole Agent's search.
(c) Lawful searches that would otherwise violate any policies as prescribed in Sections 4846 through 4848 may be conducted under unusual circumstances upon approval of the Supervising Parole Agent.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766, Welfare and Institutions Code; and Section 830.5, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Amendment filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) A search of a parolee's premises shall be conducted without use of force and in the parolee's presence.
(b) Notwithstanding the provisions of subsection (a), a Parole Agent may search a parolee's premises without his presence when the Parole Agent has reasonable cause to believe that the parolee has a firearm or other deadly weapons at his/her premises or the Parole Agent believes that:
(1) It will be dangerous to conduct a search in the parolee's presence, or
(2) Failure to search or delay of search will endanger public safety.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752 and 1766, Welfare and Institutions Code; and Section 830.5, Penal Code.
HISTORY
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
2. Amendment of subsections (a)-(b)(1) filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4848.5. Warrants of Arrest/Detention.
Note • History
A warrant of arrest shall be used to secure the arrest and/or detention for a parolee wanted or detained by the Division of Juvenile Justice.
(a) A warrant shall not be valid beyond the age at which a parolee's commitment terminates by law.
(b) In those cases where a parolee has an expiration date fixed by offense, that date may be extended by the length of time the parolee is missing from supervision.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1767.3 and 1766, Welfare and Institutions Code; and Section 830.5, Penal Code.
HISTORY
1. New section filed 6-4-79 as an emergency; effective upon filing (Register 79, No. 24).
2. Certificate of Compliance filed 8-10-79 (Register 79, No. 32).
3. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
4. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4849. Arrest/Detention of a Parolee.
Note • History
The criteria to warrant detention of a parolee are outlined in Section 4978.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1767.3, Welfare and Institutions Code; and Sections 830.5, 833 and 836, Penal Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8). For prior history, see Register 82, No. 44.
§4850. Detention of a Parolee.
Note • History
Following arrest, a parolee may be subject to continued detention without bail pending a Juvenile Parole Board hearing whereupon there is a proper showing that detention criteria are met. Such detention shall be in accordance with the criteria and time constraints set forth in Section 4978. If the Juvenile Parole Board orders that the parolee not be further detained, the Division of Juvenile Justice parole hold must be withdrawn and, assuming there are no other holds, the parolee released as soon as possible, but no later than three (3) business days from the date of the order.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1767.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No. 31).
2. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
3. Amendment filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4851. Missing Parolees. [Repealed]
Note • History
NOTE
Authority cited: Sections 1711.3 and 1751, Welfare and Institutions Code. Reference: Sections 1711.3, 1752, 1766 and 1767.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No. 31).
2. Repealer filed 10-29-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 44).
Note • History
A violation of any condition of parole shall be established by the Juvenile Parole Board in accordance with the provisions of Section 4982.
(a) Prior to discussing a possible violation of any condition of parole with a parolee, the Notice of Parole Revocation Rights and Acknowledgement, DJJ 3.270 (REV 08/10), Notice of Charges, DJJ 3.274 (REV 04/09), Request for Accommodation and Assistance, DJJ 3.260 (NEW 01/09), and Accommodation and Assistance Grievance, DJJ 3.261 (NEW 01/09) forms, incorporated by reference, shall be served and explained to the parolee.
(b) Parole staff shall prepare reports for Juvenile Parole Board review when parole violation reporting criteria set forth in Section 4982 are met. Reports shall be submitted to the Juvenile Parole Board for review within seven (7) business days from the date of the Division of Juvenile Justice parole hold, or in the case of Not-In-Custody violation reports, within 20 business days of the notice of rights and charges. The Violation Report, DJJ 3.264A (REV 09/09), incorporated by reference, shall contain:
(1) The charges.
(2) A summary of the alleged facts including the parolee's version, if any.
(3) The evidence and sources of evidence relied on.
(4) Recommendations concerning the parolee's immediate and future liberty.
(c) A parolee may be returned to custody for up to one (1) year for a parole violation consistent with the Parole Revocation Assessment Matrix, REV 11/2008, incorporated by reference, established by the Juvenile Parole Board.
(d) Parole violations that consist of Level I or Level II behaviors may be resolved by the Parole Agent and Supervising Parole Agent at the field unit level without requiring final approval by the Juvenile Parole Board.
(e) If a parolee rejects a Corrective Action Plan, DJJ 3.221 (REV 04/09), recommendation made in response to a Level I or Level II violation, the case will be handled through the parole revocation process using the date the parolee rejected the Corrective Action Plan, DJJ 3.221 (REV 04/09), as the date of discovery.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1767.3, Welfare and Institutions Code.
HISTORY
1. Amendment filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) Parole Revocation shall address Level III parolee behavior which parole staff are required to report to the Juvenile Parole Board, including serious technical and/or law violations, and/or any Level I or Level II behavior that is exacerbated by repetition, severity and/or relation to the youth's original commitment offense.
(b) If a parolee is not in custody, no later than ten (10) business days after the date of discovery, the Notice of Parole Revocation Rights and Acknowledgement, DJJ 3.270 (REV 08/10), Notice of Charges, DJJ 3.274 (REV 04/09), Request for Accommodation and Assistance, DJJ 3.260 (NEW 01/09), and Accommodation and Assistance Grievance, DJJ 3.261 (NEW 01/09) forms shall be served and explained to the parolee.
(c) If a parolee remains in custody, no later than three (3) business days after the placement of the Parole Hold, the Notice of Parole Revocation Rights and Acknowledgement, DJJ 3.270 (REV 08/10), Notice of Charges, DJJ 3.274 (REV 04/09), Request for Accommodation and Assistance, DJJ 3.260 (NEW 01/09), and Accommodation and Assistance Grievance, DJJ 3.261 (NEW 01/09) forms shall be served and explained to the parolee.
(d) For rights and procedures governing Revocation proceedings, see Sections 4977 through 4983.5.
(e) All charges arising from the conduct for which a parolee was taken into custody shall be adjudicated at the final Revocation Hearing within thirty-five (35) calendar days from the placement of the Parole Hold absent good cause. Charges may not be split going beyond thirty-five (35) days in the absence of good cause.
(f) If chargeable behavior known to the Division of Juvenile Parole Operations prior to notice being served on the Parolee is not included in the initial notice of charges, such conduct cannot serve as the basis for subsequent charges.
(g) If chargeable behavior is discovered after the notice of rights, but before the revocation packet has been submitted to the Juvenile Parole Board, the parolee can be served on the new charges, and the new charges incorporated into the initial revocation packet.
(h) Any supplemental charges must be based on conduct that occurs or is discovered by the Division of Juvenile Parole Operations after the parole hold, but before the Revocation Hearing. These supplemental charges must be raised 48 hours prior to the Revocation Hearing.
(i) The parole revocation term imposed by the Juvenile Parole Board may not exceed 12 months and must be consistent with the Parole Revocation Assessment Matrix, REV 11/2008. A parolee's revocation period can only be extended through the revocation extension process as described in Section 4854.
(j) The Juvenile Parole Board shall track the timeliness of the revocation process and reasons proffered for any delays.
(k) Timely and reasonable accommodations for effective communication and meaningful participation shall be provided to parolees at all parole revocation proceedings. This includes accommodations for parolees with limited English skills, effective communication needs, and/or disabilities.
(l) Parolees charged with Serious In-Custody Misconduct involving violence against a person that occurs while the parolee is in custody pending revocation proceedings may be assessed up to an additional 12 months based upon relevant assessments as provided in the Revocation Extension Matrix, REV 12/2008, incorporated by reference.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1767.3, Welfare and Institutions Code; and Section 830.5, Penal Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8). For prior history, see Register 82, No. 44.
§4854. Parole Revocation Extension Process.
Note • History
(a) A parole violator who commits an act of Serious In-Custody Misconduct or Willful Program Failure while in revoked status is subject to revocation extension proceedings.
(b) Revocation extension proceedings will take place if qualifying misconduct occurs while the parole violator is in a local county facility, state prison, Division of Juvenile Justice facility or other detention facility.
(c) The Division of Juvenile Parole Operations shall be responsible for the revocation extension process for those parole violators under the jurisdiction of the Division of Juvenile Justice and housed in non-Division of Juvenile Justice facilities.
(d) The Division of Juvenile Facilities shall be responsible for the revocation extension process for parole violators housed in Division of Juvenile Justice facilities.
(e) If the Juvenile Parole Board sustains revocation extension charges, the period of revocation may be extended up to twelve (12) months from the current Revocation Release Date, based on relevant assessments as provided in the Revocation Extension Matrix, REV 12/2008.
(f) The Juvenile Parole Board may extend a parolee's revocation period only after appointment of an attorney, a Probable Cause Hearing, and if the case is not resolved at this stage, a Revocation Extension Hearing, which shall take place before a Juvenile Parole Board hearing officer. Unless the parole violator waives or seeks continuance of a timely Revocation Extension Hearing, such a hearing shall take place at the earliest practical time after the alleged conduct that is grounds for the charge and no later than thirty-five (35) calendar days after the parole violator is served with notice of his/her charges and rights.
(g) A parole violator's parole revocation period may not be extended because of the Division of Juvenile Justice's failure to provide a recommended program at all or in a timely manner.
(h) In the event that the alleged conduct that is grounds for the charge occurs within thirty (30) days prior to the parole violator's Revocation Release Date, the Revocation Extension Hearing must occur at the earliest practical time after the alleged conduct, but, in any event, no later than thirty-five (35) days after his/her Revocation Release Date, absent good cause for going beyond that time.
(i) A parole violator may only be charged with one act of Serious In-Custody Misconduct or Willful Program Failure for each revocation extension referral. However, the parole violator may be subject to additional revocation extension actions for future incidents of Serious In-Custody Misconduct or Willful Program Failure.
(j) For rights and procedures governing the revocation extension process, see sections 4977 through 4983.5.
(k) The Juvenile Parole Board shall track the timeliness of revocation extension proceedings and reasons proffered for any delays.
NOTE
Authority cited: Section 1751, Welfare and Institutions Code. Reference: Sections 1752, 1766 and 1767.3, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Article 6. Parole Discharge [Repealed]
HISTORY
1. Repealer of article 6 (sections 4856-4857) filed 10-29-82 filed 10-29-82 by OAL pursuant to Government Code section 11349.7(j) (Register 82, No. 44). For prior history, see Register 80, No. 5.
Chapter 5. Youth Authority Board [Renumbered]
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1711, 1714, 1716, 1717, 1719, 1720, 1721, 1722 and 1723, Welfare and Institutions Code.
HISTORY
1. New Chapter 3 (Section 4145) filed 8-12-77; effective thirtieth day thereafter (Register 77, No. 33).
2. Redesignation of Chapter 3 (Section 4145) to Chapter 5 (Section 4917) filed 7-21-78 as procedural and organizational; effective upon filing (Register 78, No. 29).
3. Repealer of Chapter 5 (Section 4917) and new Chapter 5 (Sections 4900-4997, not consecutive) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. Renumbering and amendment of Division 4, Chapter 5 (Subchapters 1-4, Sections 4900-4997, not consecutive) to Division 4.5, Chapters 1-4 (Sections 4900-4997, not consecutive) filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32).
Division 4.5. Youthful Offender Parole Board
Chapter 1. General Provisions
Article 1. Rules of Construction and Definitions
§4900. Rules of Construction and Definitions.
Note • History
(a) (Reserved)
(b) Definitions. For the purpose of the regulations contained in this chapter the following words shall have the following meanings:
(1) Annual Good Cause Review. Reexamination of individual parolee cases by the Juvenile Parole Board which is held at intervals not exceeding one year for the purpose of determining whether existing orders and dispositions should be modified or continued in force.
(2) Board Coordinating Parole Agent. Juvenile Parole Board agent responsible for coordination and facilitation of parole revocation proceedings, ensuring coordination and communication with counsel and witnesses, assisting with the provision of necessary accommodations and effective communication for parolees, and providing security at parole revocation proceedings.
(3) Board Panel. A Juvenile Parole Board panel comprised of two qualified hearing officers. A quorum for a Board panel shall be two qualified hearing officers.
(4) Charges. Behaviors and corresponding codes describing the alleged violation(s) of parole conditions.
(5) Corrective Action Plan, DJJ 3.221 (REV 04/09), incorporated by reference. A treatment and supervision sanction in the community developed at the parole field unit level, imposed upon parolees in response to parole violations as an alternative to revocation for which detention is not warranted.
(6) Date of Discovery. The date that the Division of Juvenile Justice obtains knowledge that an alleged violation of parole has occurred.
(7) Day(s). Calendar days, unless otherwise specified.
(8) Detention Criteria. Factors or behavior(s) that may demonstrate a need for detention:
(A) Parolee is a danger to himself/herself;
(B) Parolee is a danger to the person or property of another;
(C) Parolee is a risk to abscond from parole supervision; or
(D) Parolee's mental state has deteriorated to the point where it is likely that there is a threat to public safety.
(9) Disability. A physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such impairment or condition; or being regarded as having such an impairment or condition.
(10) Disciplinary Decision Making System. The Division of Juvenile Justice facility disciplinary system which has the ability to impose a sanction, deprive a youth of something possessed, or deny something which a youth reasonably expects as part of his/her prescribed program because the youth commits an institutional rule or law violation.
(11) Dismissal. Action required if there is insufficient evidence to support a probable cause finding at the Probable Cause Hearing, if there is insufficient admissible evidence to make a finding of good cause by a preponderance of the evidence at the Revocation Hearing or Revocation Extension Hearing, or in the interest of justice.
(12) Dual Commitment. A person who is under the jurisdiction of both the Division of Juvenile Justice and Division of Adult Operations of the California Department of Corrections and Rehabilitation.
(13) Effective Communication. Communication with persons with disabilities or those with limited English skills and reading ability that is as effective as communication with others. Effective communication may require the use of an appropriate auxiliary aid or service, or may be achieved by methods such as speaking clearly or using simple language and soliciting feedback to ensure understanding.
(14) Exit Interview. A meeting with a parole violator and a hearing officer of the Juvenile Parole Board prior to a parole violator's Revocation Release Date at which the general and special conditions of parole are issued and explained to the parole violator.
(15) Expedited Probable Cause Hearing. A Probable Cause Hearing held at an earlier stage in the proceedings upon sufficient offer of proof by the parolee or his/her counsel that there is a complete defense to all parole violation charges that are the basis for the parole hold.
(16) Full Board En Banc: A Juvenile Parole Board hearing conducted by a quorum of the five-member Juvenile Parole Board. Three members are necessary to form a quorum when making case decisions and no action shall be valid unless agreed to by a majority of those present.
(17) Full Board Panel: A Juvenile Parole Board panel comprised of three qualified hearing officers. A Commissioner shall be included in the panel when available.
(18) Good Cause. Justifiable, legitimate, and unforeseeable reason for the delay, asserted in good faith and caused by factors that are beyond the control of the Division of Parole Operations, the Juvenile Parole Board, or the Division of Juvenile Justice.
(19) Hearing Officer. A member or case hearing representative, who conducts youth case hearings.
(20) Not-In-Custody. A parolee who is not on a Division of Juvenile Justice Parole Hold.
(21) Not-In-Custody Hearing. A Revocation Hearing for a parolee who is not under a Division of Juvenile Justice parole hold.
(22) Notice of Charges, DJJ 3.274 (REV 04/09), incorporated by reference. An official action conducted by Division of Juvenile Justice staff to personally serve a parolee notice of the charges against him/her including a short factual summary of the charged conduct.
(23) Notice of Conditions of Parole, DJJ 3.207 (REV 04/10), incorporated by reference. A document that notifies a parolee of behavior and treatment requirements while under parole supervision.
(24) Notice of Parole Revocation Rights and Acknowledgement, DJJ 3.270 (REV 08/10), incorporated by reference. An advisement to a parolee of his/her procedural and due process rights in parole revocation proceedings.
(25) Parole Hold. Any invocation by the Division of Juvenile Justice of their authority to involuntarily detain a parolee for revocation proceedings and/or commence revocation proceedings pursuant to Welfare & Institutions Code §1767.3. This term shall not apply to the detention of a parolee who has absconded from the State of California until he or she is physically returned to the State of California and is in custody.
(26) Parole Placement Plans. A report prepared by the Division of Juvenile Parole Operations and provided to the Juvenile Parole Board in preparation for a parole violator's release to parole supervision, which includes but is not limited to: identified placement, recommended special conditions of parole, supervision plans, educational/vocational plans, and community treatment plans.
(27) Parole Violator. A parolee who violated a condition of parole, and who has been revoked and returned to custody.
(28) Preponderance of Evidence. Standard of proof that requires a finding that it is more likely than not that a fact or charge is true.
(29) Probable Cause. Facts as would lead a person of ordinary caution and prudence to conscientiously entertain a strong suspicion that an alleged charge is true.
(30) Probable Cause Hearing. A hearing in which the juvenile parolee appears and at which it is determined whether there is probable cause to believe that the juvenile parolee has violated a condition of parole and, if so, whether the juvenile parolee should be detained during the revocation process.
(31) Projected Juvenile Parole Board Date. Formerly known as parole consideration date, it is an interval of time in which a youth may reasonably and realistically be expected to achieve readiness for parole. It is not a fixed term or sentence, nor is it a fixed parole release date. It applies to youth who are serving their initial commitments to Division of Juvenile Justice and have not been paroled yet.
(32) Reasonable Accommodation. A modification or adjustment that will help provide equal access to programs, activities and services for parolees with disabilities or effective communication needs.
(33) Referee. Any qualified hearing officer sitting alone for the purpose of hearing cases.
(34) Rescission Hearing. A Juvenile Parole Board hearing which may result in rescinding a youth's referral to parole.
(35) Return to Custody Assessment or Revocation Extension Assessment. A recommended disposition offered by the Juvenile Parole Board which is presented to the parolee prior to a Probable Cause Hearing (also referred to as “The Offer”).
(36) Revocation Extension Hearing. The two-phase hearing (evidentiary and disposition) in which a parole violator appears before the Juvenile Parole Board, at which it is determined whether the preponderance of the evidence shows that the parole violator committed Willful Program Failure or Serious In-Custody Misconduct, and in which the parolee's parole violator's parole revocation period may be extended. A parole violator's parole revocation period may not be extended because of the Division of Juvenile Justice's failure to provide a recommended program at all or in a timely manner.
(37) Revocation Extension Probable Cause Hearing. A hearing in which the parole violator appears and at which it is determined whether there is probable cause to believe that the parole violator committed either Serious In-Custody Misconduct or Willful Program Failure.
(38) Revocation Hearing. A two-phase hearing (evidentiary and disposition) at which it is determined whether the preponderance of the evidence shows that a parolee violated a condition of parole and whether the parolee should be returned to parole supervision or remanded to custody.
(39) Revocation Proceeding/Revocation Process. All stages of the process by which a parolee/parole violator may be returned to or retained in custody following an alleged parole violation up to and including the Revocation or Revocation Extension Hearings and any administrative appeal. In the case of alleged parole violators who are not in custody, the revocation process begins when the parolee is notified of the pending charges and of his or/her rights.
(40) Revocation Release Date. The date in which a parole violator will be released to the community.
(41) Serious In-Custody Misconduct. In-Custody behavior by a parole violator that poses an immediate and serious threat to the safety and security of youth, staff or property within the facility.
(42) Sufficient Offer of Proof. A reasonable likelihood that a parolee would produce un-controverted evidence of his/her innocence at an expedited probable cause hearing.
(43) Victim. A person against whom a parole violation has been committed.
(44) Violation Levels.
(A) Level 1: Minor violations of parole for which detention may not be warranted.
(B) Level 2: Selected minor law violations, moderate technical violations, or repetitive Level 1 behavior for which detention may not be warranted.
(C) Level 3: Any behavior that the Division of Juvenile Parole Operations believes represents a risk or threat to public safety. Level 3 violations are mandatory referrals to the Juvenile Parole Board.
(45) Willful Program Failure. Repeated and intentional refusal to attend and/or participate in a treatment and training program. The repeated refusal shall be documented by treatment staff. Staff shall specify the dates of non-participation and shall include information demonstrating that the parole violator does not have a mental or physical impairment that prevents him/her from fully participating in the program. A parole violator shall not be charged with willful program failure when program unavailability, facility lockdown, instructor absence or other circumstances beyond the parole violator's control prevent him/her from completing the program prior to the expiration of his/her revocation term.
NOTE
Authority cited: Section 1725, Welfare and Institutions Code. Reference: Sections 1711, 1714, 1716, 1719, 1720 and 1723, Welfare and Institutions Code.
HISTORY
1. Renumbering and amendment of division 4, chapter 5 (subchapters 1-4, sections 4900-4997, not consecutive) to division 4.5, chapters 1-4 (sections 4900-4997, not consecutive) filed 8-6-82; effective thirtieth day thereafter (Register 82, No. 32). For history of former chapter 5, see Registers 80, No. 9; 79, No. 46; 79, No. 35; 79, No. 19; 79, No. 4; 78, No. 29 and 77, No. 33.
2. Order of Repeal of subsections (a) and (b)(1) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(4), (b)(8), (b)(9) and (b)(13) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
7. New subsection (c) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to 12-16-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 42).
9. Amendment of subsection (b)(9) and new subsection (c) filed 10-19-2000 as an emergency; operative 10-19-2000 (Register 2000, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-16-2000 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed prior to 10-19-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2001, No. 19).
11. Amendment of subsection (b)(9) and new subsection (c) filed 5-9-2001 as an emergency; operative 5-9-2001 (Register 2001, No. 19). A Certificate of Compliance must be transmitted to OAL by 9-6-2001 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to subsection (c) only of 5-9-2001 order transmitted to OAL 7-10-2001 and filed 8-15-2001 (Register 2001, No. 33).
13. Certificate of Compliance as to subsection (b)(9) only of 5-9-2001 order transmitted to OAL 7-10-2001 and filed 8-16-2001 (Register 2001, No. 33).
14. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Article 2. Powers and Duties
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1713, 1714, 1717 and 1719, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of Article 2 (Sections 4905 and 4907) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 3. Organization
NOTE
Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1712, 1716 and 1717, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of Article 3 (Sections 4910 and 4911) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 4. Adoption of Policies
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of Article 4 (Sections 4915-4918) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 5. Composition of Panels and Referee
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of Article 5 (Sections 4920 and 4921) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 6. General Rules on Hearings
§4925. Level of Decision Making.
Note • History
The classification or category of youth cases or the type of hearing determines the level of decision making exercised by the Juvenile Parole Board. This chapter sets forth certain case decisions which shall be made by the Full Board En Banc or by a Board Panel. A referee is authorized to make youth case decisions in all hearings for Categories 6 and 7 (Sections 4956 - 4957), and annual and progress reviews for youth housed at or committed to any non-Division of Juvenile Justice facility. Hearings may be conducted by the authorized or a higher level of decision making.
NOTE
Authority cited: Sections 1712 and 1719, Welfare and Institutions Code. Reference: Sections 1703(d), 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
2. Amendment of section refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
4. Amendment filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
5. Repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) In order for a case decision made by the Full Board En Banc or a Board Panel to be effective, a majority of the Juvenile Parole Board members present shall agree in the decision.
(b) All case decisions shall be recorded on a written Juvenile Parole Board Order. Youth/parolees/parole violators shall be given a copy of the Juvenile Parole Board Order for their case.
NOTE
Authority cited: Sections 1712 and 1719, Welfare and Institutions Code. Reference: Sections 1703(d), 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4927. Youth/Parolee/Parole Violator Appearance and Audio Recording of Hearings.
Note • History
(a) All hearings shall be audio recorded when the youth/parolee/parole violator is present, with the exception of Probable Cause Hearings and Exit Interviews. The youth/parolee/parole violator who is the subject of the hearing, his/her attorney, and with the youth's consent, anyone else eligible to appeal a Juvenile Parole Board Order, shall be permitted to listen to the recording. Recordings shall be retained for a period of 15 months from the date of the hearing.
(b) A youth shall attend all Division of Juvenile Justice facility hearings, with the exception of:
(1) Youth unable to attend due to medical reasons as determined by Division of Juvenile Justice medical staff.
(2) Youth housed at or committed to any non-Division of Juvenile Justice facility.
(3) Annual and/or progress reviews for youth on parole.
(c) Subsection (b) does not apply to revocation proceedings.
NOTE
Authority cited: Sections 1001, 1004, 1712 and 1719, Welfare and Institutions Code. Reference: Sections 224.70(e), 1703(d) and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
2. Repealer of subsection (b), new subsections (b)-(b)(2) and amendment of Note filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
3. Amendment of section heading, section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4928. Board Panel Unable to Agree and Dissents.
Note • History
(a) When a Juvenile Parole Board panel is unable to agree on a case decision, the matter shall be referred to the Executive Officer or his/her designee. Each hearing officer shall prepare a proposed Juvenile Parole Board Order setting forth his/her motion and the reasons for his/her order. The Executive Officer or his/her designee shall consider the case and concur with one of the proposed orders.
(b) In cases in which a hearing officer dissents from a Full Board Panel or Full Board En Banc decision, he/she shall so indicate on the Juvenile Parole Board Order and shall state his/her reason(s) on the order.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
2. Repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
The Juvenile Parole Board shall set conditions of parole at the time parole is granted. Special conditions of parole may be added or deleted as appropriate and deemed necessary by the Juvenile Parole Board during the time a parolee is on parole.
(a) Notice of Conditions of Parole, DJJ 3.207 (REV 04/10). The following are general conditions of parole:
(1) You must follow the instructions of your Parole Agent.
(2) You must obey all laws and ordinances. Conduct prohibited by law is considered a parole violation, even if you are not charged or convicted in court.
(3) You must not change your house/placement without the prior permission of your Parole Agent. You shall not avoid parole supervision.
(4) You must not not leave the State of California without the written permission of your Parole Agent, and you are required to return to the State of California within the timeframe specified. Timeframes for processing any violations of parole will not begin until you return to the State of California.
(5) You and your residence, and any other property under your control, may be searched with or without a warrant and with or without probable cause by a parole agent of the California Department of Corrections and Rehabilitation, a parole agent of the Juvenile Parole Board, and/or any peace officer at any time of day or night.
(6) You must not own, possess, use, have under your control or have access to any deadly weapons, firearms (any kind of gun), knives (with blade longer than 2 inches), crossbows, explosive devices, tasers or ammunition.
(7) You must not own, use, possess, or have under your control or have access to any simulated weapons, which would cause a reasonable person to believe that you are in possession of a deadly weapon, firearm, knife, explosive device or ammunition (i.e. toy guns, BB guns, Air Soft guns, plastic guns or knives).
(8) You must report all arrests/citations to your Parole Agent or his/her designee within one business day of such contact.
(9) You must not be in the United States illegally.
(10) You must provide proof of employment, education or vocational training, or proof of actively seeking such activity.
(11) You must not own, use, possess, sell, have under your control or access to, any controlled substance, dangerous drug, narcotic, including marijuana, or other mind altering substance without a valid prescription from a licensed physician.
(12) You must not own, use, possess, sell, have under your control or access any drug paraphernalia (i.e. crack pipes, roach clips, bongs, meth pipes, rolling papers, spoons, syringes).
(13) You must submit to drug testing for illegal drugs, prescription drugs, and/or alcohol as directed by your Parole Agent.
(14) You must not loiter in areas in which known drug sale activities are occurring.
(15) You must pay in full any restitution fine or restitution order imposed by the court as a result of your commitment. Payment shall be in installments set in an amount consistent with your ability to pay as defined by WIC 1766.1.
(16) You must sign this agreement containing the conditions of parole or your parole will be rescinded/revoked.
(b) Special Conditions of Parole. The Juvenile Parole Board may prescribe special conditions of parole based on an individual parolee's offense history, commitment offense/current violation, or future criminality broadly defined to take into account the parolee's entire social history.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1725, 1730, 1766 and 1767.2, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a)(6) filed 4-22-85; effective thirtieth day thereafter (Register 85, No. 17).
2. Amendment of subsection (a) (6) filed 4-7-88; operative 5-7-88 (Register 88, No. 17).
3. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1730, 1766 and 1767.3, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 7. Appeals
Note • History
An appeal is a written request to the Executive Officer or his/her designee for relief from any Juvenile Parole Board Order or policy which affects an individual youth/parolee/parole violator. Appeals may be filed by the youth/parolee/parole violator, parent or duly appointed guardian if the youth/parolee/parole violator is under 18 years of age, or by an attorney representing the youth/parolee/parole violator. A youth/parolee/parole violator shall be provided an Appeal Form, DJJ 1.316 (Rev 10/07) for appealing non-revocation related issues or an Appeal of Parole Revocation Decisions form, DJJ 3.290 (NEW 01/09) for revocation related issues, both incorporated by reference, to submit appeals, while other eligible appellants may appeal by letter. The time limitations in which an appeal may be filed as set forth in this chapter may be waived by the Executive Officer or his/her designee.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Section 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
The basis for appeal shall be one or more of the following:
(a) The decision of the Juvenile Parole Board was based on a mistake of law.
(b) The decision of the Juvenile Parole Board was based on a mistake of fact.
(c) The parolee was unable to understand the proceeding and/or provided ineffective assistance of counsel due to mental illness or other physical disability that was not adequately accommodated.
(d) The Juvenile Parole Board failed to provide an impartial hearing officer.
(e) The decision of the Juvenile Parole Board was contrary to any of the provisions contained in Division 4.0, Chapter 4, Article 5 and Division 4.5 of Title 15, California Code of Regulations, and the outcome of the hearing would have been substantially different had the provisions been followed.
(f) The audio recording of the hearing is inaudible.
(g) There are extraordinary circumstances involved in the case which require Juvenile Parole Board action in order to further the interest of justice.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) All appeals will be decided by the Executive Officer or his/her designee.
(b) For appeals relating to the parole revocation and revocation extension proceedings, there is only one level of appeal.
(c) For appeals relating to all other proceedings:
(1) The first level of appeal is the Executive Officer or his/her designee.
(2) The second level of appeal is the appeal panel which has the same composition as a Full Board Panel. Whenever possible, the appeal panel shall not include those persons whose decision is being appealed.
(3) The final level of appeal is the Full Board En Banc.
NOTE
Authority cited: Section 1725, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section heading, repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) There is a 20 business day time limit from the date of receipt of the written decision to file an appeal.
(b) The Executive Officer or his/her designee shall decide on the appeal within ten (10) business days of receipt of the appeal.
(c) No appeal shall be dismissed or denied because of technical defects.
(d) The appeal decision shall be served on the youth/parolee/parole violator within five (5) business days of the appeal decision.
(e) Appeals from the decision of the Executive Officer or his/her designee shall be filed within ten (10) business days of receipt of the decision, and may be filed only when there is substantial new evidence not previously available to the Juvenile Parole Board.
(f) Rehearings for appeals shall be scheduled within ten (10) business days of the order of any appeal body. Rehearings may be granted when a determination is made that there is insufficient information upon which to make an informed decision. Factual material deemed critical to the case decision shall be made known to those conducting the rehearing. Whenever possible, the rehearing shall be conducted by persons other than those persons whose decision was appealed.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1723 and 1725, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
2. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4939. Authorized Appeal Actions for Non-Revocation Related Appeals.
Note • History
(a) The Executive Officer or his/her designee may take any one of the following actions:
(1) Deny the appeal.
(2) Order a rehearing.
(3) Order the matter referred to the appeal panel.
(4) Order the matter referred to the Full Board En Banc, when the Executive Officer or his/her designee:
(A) Determines a unanimous Full Board En Banc panel decision merits further action.
(B) Determines an appeal justifies reconsideration of a Juvenile Parole Board policy.
(b) The Executive Officer or his/her designee shall not modify prior Juvenile Parole Board actions.
(c) The appeal panel may grant the appeal, deny the appeal, modify prior Juvenile Parole Board action, order a rehearing, or refer the case to the Full Board En Banc.
(d) The Full Board En Banc may grant the appeal, deny the appeal, modify prior Juvenile Parole Board action, order a rehearing, and/or may consider a change in policy as a result of the appeal.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1723 and 1725, Welfare and Institutions Code.
HISTORY
1. Amendment of section heading, section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4939.5. Authorized Actions Relating to Parole Revocation Administrative Appeals.
Note • History
(a) The Executive Officer or his/her designee may take any one of the following actions:
(1) Deny the appeal,
(2) Reverse the decision and grant appropriate relief,
(3) Grant a new hearing within ten (10) business days after the issuance of the Appeal Board Order, DJJ 1.311 (Rev 11/08), incorporated by reference. New hearings shall be scheduled according to Section 4938 and shall be conducted by a hearing officer other than the original hearing officer.
(b) If a new hearing is granted solely because the audio recording was inaudible, at the rehearing the Juvenile Parole Board shall not order a revocation term longer than the term imposed at the initial hearing.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1723 and 1725, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4940. Orders and Completion of Appeals.
Note • History
(a) Every decision of the Executive Officer or his/her designee shall be recorded on an Appeal Board Order, DJJ 1.311 (Rev 11/08). The Appeal Board Order, DJJ 1.311 (Rev 11/08) shall state the reasons for the action taken and how the authorized criteria were applied to the issues raised in the appeal. The Executive Officer or his/her designee shall forward a copy of the Appeal Board Order, DJJ 1.311 (Rev 11/08 and such communication as he/she deems appropriate to the appellant within five (5) business days from the date of decision.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1723 and 1725, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a), repealer of subsections (b)-(b)(4) and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Chapter 2. Board Rules Relating to Wards in Institutions and Camps
Article 1. General Provisions
Note • History
(a) Parole Consideration Date. The Board will hear the case of each ward committed to the Youth Authority, taking into consideration probation's case study, at a non-appearance file review to confirm or modify the ward's category, initial parole consideration date and date of next annual review ascertained by the Youth Authority's Intake and Court Services Unit upon reviewing the ward's file from the courts. The ward's category, initial parole consideration date and annual review date will be set in a Board Order at the ward's first appearance hearing.
(b) (Reserved)
(c) A copy of the police arrest report for the offense for which the ward was committed to the Youth Authority and a copy of the ward's criminal history information from the California Department of Justice shall be included as part of the ward's case file.
NOTE
Authority cited: Section 1721, Welfare and Institutions Code. Reference: Sections 1714(b), 1719, 1720(a) and (b), 1730, 1731.5, 1741 and 1766(b), Welfare and Institutions Code.
HISTORY
1. New subsection (c) filed 12-5-83; effective thirtieth day thereafter (Register 83, No. 50).
2. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Amendment of subsection (a) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (a) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (a) and (a)(1) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
7. Amendment of section and Note filed 5-19-2003 as an emergency; operative 5-19-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-16-2003 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 5-19-2003 order transmitted to OAL 9-11-2003 and filed 10-14-2003 (Register 2003, No. 42).
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1731.5, 1755, 1755.5, 1756, 1758 and 1759, Welfare and Institutions Code; Section 2037, Penal Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1720, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4944. Rules for Hearings in Institutions and Camps.
Note • History
(a) Attendance at Hearings. Attendance at hearings in institutions and camps is limited to:
(1) Appropriate administrative and treatment team staff and a clerk when available.
(2) A ward's parents, guardians, spouse or a relative designated by a parent or guardian, shall be permitted to attend a Board hearing as observers; however, any of these persons may be excluded by the Board for good cause, and shall be excluded if the ward makes a reasonable objection to their presence. Reasons for exclusion shall be set forth in writing by a memorandum to the case file by the Board panel chairperson.
(3) Members of the public having a professional interest in the work of the Board or the Youth Authority or in a specific ward or hearing may be permitted to attend those hearing in which they have a particular interest as observers. Observers may not represent wards. Representation is governed by § 4979 of these regulations. If the ward objects to their presence, such observers shall be excluded from the hearing room unless otherwise authorized by statute.
(b) Hearing Presentations. Witnesses, including victims, having an interest in a particular ward or case may request an opportunity to make a presentation to the Board panel. Such persons may, upon their request, provide their testimony out of the presence of the ward prior to the commencement of the hearing. The Board panel shall make an audio or video record of the presentation, and shall play the recorded presentation on the record during the ward's hearing, unless the presentation qualifies under (2) of this subsection. If the presentation qualifies under (2) of this subsection, the Member or Board representative shall advise the ward of the substance of the presentation while maintaining the confidentiality of the source or witness.
(1) Arranging Hearing Presentations. Requests for hearing presentations shall be referred to the executive officer. The executive officer and the office of the superintendent shall cooperate in the scheduling of an interview. The executive officer will be notified of the appointment; however, final approval for a hearing presentation rests with the chairperson at the designated location.
(2) Confidential Status of Hearing Presentations to the Board. The confidential status of these presentations is conditional. Confidential status is granted only if the information is sensitive and not directly related to the ward's behavior.
(A) Examples of sensitive information are:
1. Parents who are not natural parents.
2. A ward born out of wedlock or from an uncertain relationship.
3. A ward born in a mental hospital or prison while the mother was undergoing treatment or was incarcerated.
(B) The Board will share sensitive information relating to a ward's behavior with his/her casework supervisor.
(c) Case Reports for the Board.
(1) Staff may request a modification of an existing order regarding a ward when the ward's behavior or circumstances indicate a need to do so. In reports to the Board, staff may recommend referral to parole or any other action deemed appropriate for the ward. At such hearings the Board shall take cognizance of such changes that may have occurred with regard to the individual and correctional needs of the ward. The Board in modifying any established parole consideration date shall act in accordance with Sections 4951-4957.
(2) All case reports to the Board shall address the specific issues of parole readiness as set forth in Section 4945(h), (i) and (j) in addition to other matters presented.
(3) During an initial hearing, the Board may refer a ward to an institution or camp or to parole. When a recommendation for referral to parole at an initial hearing is to be considered, staff shall prepare a written progress report which shall be considered by the Board along with the parole placement report.
(d) Community Reaction Reports. A request by the Board for a community reaction report shall be made only by Board Order.
NOTE
Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b) filed 11-8-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Amendment of subsections (b)-(b)(2) and (c)(1)-(3) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
3. Amendment of subsections (a)(2), (b)(1), (b)(2)(B) and (d) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
4. Amendment of subsections (a)(3)-(b)(2) and amendment of Note filed 8-15-2001; operative 9-14-2001 (Register 2001, No. 33).
Article 2. Parole Consideration Date
Note • History
In Article 3 of this subchapter, the Board establishes categories of offenses which reflect its view of the seriousness of specific offenses and the degree of danger those committed to the Youth Authority pose to the public. The Board prescribes an interval of time for each category as a guide in establishing a parole consideration date.
(a) A parole consideration date represents, from its date of establishment, an interval of time in which a ward may reasonably and realistically be expected to achieve readiness for parole. It is not a fixed term or sentence, nor is it a fixed parole release date.
(b) A parole consideration date and Board hearing category shall be established for each ward at an initial hearing. A parole consideration date shall be established at a disposition hearing in which parole is revoked.
(c) An initial parole consideration date shall be established from the date of acceptance by the Youth Authority of a ward committed by a court of competent jurisdiction or from the date of the disposition hearing in which parole is revoked. When a ward escapes prior to delivery to the Youth Authority, the parole consideration date shall start from the date received in a Youth Authority institution.
(d) Day-for-day credit for time spent in local custody for the commitment offense shall not be credited toward the establishment of the parole consideration date; however, a judgment shall be made as to the effect, if any, that the ward's experiences and behavior while in local custody have on the ward's training and treatment needs. Such judgment shall be taken into consideration in establishing the parole consideration date.
(e) Pursuant to applicable law, credit for time served in local custody shall be applied to the maximum confinement time authorized for each individual ward.
(f)(1) A decision on the parole consideration date shall be made on each case by Board hearing category (category) of offense at the initial hearing by the appropriate panel as set forth in Article 3, (Section 4951 et seq.) or by a referee at a disposition hearing. Those cases committed from the juvenile court on the total record which includes one or more offenses which have been the subject of a prior petition and disposition shall have the category of decision making procedures set by the most serious offense in the total record, and the most recent offense shall establish the parole consideration date interval category. All other cases involving a commitment for multiple offenses shall have the parole consideration date and category set by the most serious offense in the total record.
(f)(2) Wards already committed to the Youth Authority who receive a subsequent (additional) commitment to the Youth Authority shall be scheduled for a new initial Board hearing at which time the Board shall set the category by the most serious offense in the overall record.
If the additional commitment is for an offense more serious than that for which the ward was originally committed, the PCD shall be set from the date of action for the additional commitment. If the additional commitment is for an offense less serious than or equal to the original commitment, the PCD shall be adjusted to meet additional program needs based on the additional offense. Adjustment of the PCD is limited by deviation authority. Further deviation must be referred to the appropriate panel.
The parole consideration date established for the additional commitment shall not exceed the baseline, plus authorized deviation, of the higher category. Any further deviation must be referred to the appropriate panel.
Notwithstanding any other provisions of Article 3 of this subchapter, no parole consideration date shall be established which exceeds a ward's available confinement time.
(g) A parole consideration date may be adjusted by the Board in response to the individual training and treatment needs of a ward.
(h) The parole consideration date guidelines as set forth in Article 3 for confinement time intervals which apply to each ward are those that were in effect on the date of that person's most recent commitment offense or parole violation whichever occurred later. The procedure for deviation and modification of parole consideration dates set forth in this article shall apply to all wards regardless of the date of their commitment or parole violation. In deviating from or modifying a parole consideration date the Board shall state its reasons in the Board Order.
(i) Guidelines for deviating from the prescribed parole consideration date include, but are not limited to, the following factors relating to a ward:
(1) Extent of involvement in commitment offense(s). (Minimal or extensive.)
(2) Prior history of delinquency or criminal behavior including sustained petitions and/or convictions. (Minimal or extensive.)
(3) Involvement with dangerous or deadly weapons, their possession or use.
(4) Violence, actual or potential. Injury to victims. (Minimal or extensive.)
(5) Behavior or adjustment while in custody prior to acceptance of commitment.
(6) Attitude toward commitment offense(s) and victims of offense(s).
(7) Alcohol/drug abuse.
(8) Facts in mitigation or aggravation as established by court findings.
(9) Psychiatric/psychological needs.
(10) Staff evaluation.
(11) Available confinement time.
(12) Maturity and level of sophistication.
(13) Motivation of the ward and prognosis for success or failure.
(14) Multiplicity of counts of the same, related, or different offense.
(15) Factors evaluated in the Community Assessment Report (positive and negative).
(16) Availability of community-based programs and the ability to function in same under parole supervision without danger to the public.
(17) Mental or emotional injury to victim.
(18) Vulnerable victim: aged or handicapped.
(19) Presence of victim during commission of burglary, first degree.
(20) Extent the committing offense was youth gang related (minimal or extensive).
(j) Guidelines for modification of an established parole consideration date and to assist in determining readiness for parole include, but are not limited to, the following factors:
(1) Protection of the public.
(2) Prior probation/parole failure.
(3) Attitude and sense of responsibility toward commitment offense.
(4) Attainment of institutional goals.
(5) Institutional behavior.
(6) Participation in program.
(7) Educational potential.
(8) Employment potential.
(9) Emotional adjustment.
(10) Staff evaluation, treatment team report, psychiatric report.
(11) Special psychiatric/psychological needs.
(12) Alcohol/drug dependency.
(13) Family support.
(14) Future plans.
(15) Placement potential.
(16) Community reaction.
(17) Availability of community-based program(s) to further treatment and training needs.
(18) Motivation and prognosis for success.
(19) Probability of recidivism.
(20) Continuing (or abstaining) participation in youth gang activities while incarcerated.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1712, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of initial paragraph filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
3. Redesignation and amendment of subsection (f)(1) and new subsection (f)(2) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
4. Amendment of subsections (c), (d), (f)(1)-(2), (h) and (j)(17) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4945.5. Confinement Time Interval.
Note • History
The Full Board panel shall be unlimited in their authority to set the confinement time interval for up to a maximum of two years in those cases where continued confinement has been extended per W&I Code Section 1800. In these cases, the committing court has granted an order directing that the ward remain subject to the control of the Youth Authority beyond the time originally scheduled and determined that the discharge of a person from the control of the Youth Authority would be physically dangerous to the public because of the person's mental or physical deficiency, disorder or abnormality.
NOTE
Authority cited: Sections 1800 and 1802, Welfare and Institutions Code. Reference: Sections 1721, 1723, 1769, 1770 and 1771, Welfare and Institutions Code.
HISTORY
1. New section filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
Article 3. Offense Categories and Classification
§4950. Determination by Court or Board.
Note
The ward behavior described in parentheses in Sections 4951-4956 of this article citing Penal Code offenses (e.g., kidnapping ``(with substantial injury)” (207 Penal Code)) may be determined by the court or the board. The board shall establish a parole consideration date category in accordance with such determination.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
§4950.5. Definitions and Findings.
Note • History
For purposes of this article, the following definitions shall apply:
(a) ``Armed With Dangerous or Deadly Weapon.” This means that the ward or co-offender(s) was armed with or used a dangerous or deadly weapon during the commission or attempted commission of a crime for which he was committed to the Youth Authority.
(b) “Dangerous or Deadly Weapon.” Any instrument or weapon commonly known as a blackjack, martial arts weapon, sling shot, billyclub, sandclub, sandbag, metal knuckles, dirk, dagger, pistol, revolver, pellet gun or any other firearm, any knife used in the commission of a crime, any razor with an unguarded blade and any metal pipe, bar, or object used or intended to be used as a weapon.
(c) “Substantial Injury.” This means any injury that required or should have required medical attention beyond minor medical treatment. This includes mental and emotional injury as well as physical injury.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723, and 1766 Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (a) and (c) filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
Note • History
A parole consideration date interval of seven years shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses.
(1) Murder-First Degree (187, 189, and 190 Penal Code).
(2) Murder-Second Degree (187, 189, and 190 Penal Code).
(3) Kidnapping with Death of Victim (207 and 209 Penal Code).
(4) Kidnapping (with substantial injury) (207 and 209 Penal Code).
(5) Torture (206 and 206.1 Penal Code).
(6) Conspiracy to commit any Category 1 offense (182 Penal Code).
(b) Panels, Deviation, and Modification.
(1) All cases in Category 1 shall be heard by a Board panel at the initial hearing and all subsequent hearings with the exception of the following:
(A) Parole consideration hearings shall be conducted by a full Board panel.
(B) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification of six months earlier or later than the prescribed or previously established parole consideration date, except that a referee may modify a parole consideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may modify a previously established parole consideration date by a maximum of six months in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the periods of time cited in (4) of this section shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b) filed 7-28-83; effective thirtieth day thereafter (Register 83, No. 31).
2. Amendment filed 8-16-83; designated effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 34).
3. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
4. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
7. New subsection (a)(5) and amendment of subsection (b)(1)(B) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
8. Amendment of subsections (a)(1) and (a)(2) and new subsection (a)(6) filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
9. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Note • History
A parole consideration date interval of four years shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses.
(1) Voluntary Manslaughter (192 Penal Code).
(2) Rape (in concert or with substantial injury) (261 and all subsections and 264.1 Penal Code).
(3) Sodomy (in concert or with substantial injury) (286 and all subsections Penal Code).
(4) Sexual Assault with a Foreign Object (in concert or with substantial injury) (289 and 264.1 Penal Code).
(5) Oral Copulation (in concert or with substantial injury) (288a and all subsections Penal Code).
(6) Lewd or Lascivious Act on Child Under 14 (Age of defendant in relationship to victim to be considered as possible mitigation) (288 and all subsections Penal Code).
(7) Kidnap for Ransom, Reward or Extortion (209(a) Penal Code).
(8) Kidnap during carjacking (209.5 Penal Code).
(9) Explosion/attempt to explode or ignite a destructive device with the intent to commit murder (12308 Penal Code).
(10) Kidnap for Robbery (209[b] Penal Code).
(11) Conspiracy to commit any Category 2 offense (182 Penal Code).
(12) Attempt of any Offense in Category 1.
(13) Continuous sexual abuse of a child (288.5 Penal Code and all subsections).
(b) Panels, Deviation, and Modification.
(1) All cases in Category 2 shall be heard by a Board panel at the initial hearing and all subsequent hearings with the exception of the following:
(A) Parole consideration hearings shall be conducted by a full panel.
(B) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification of six months earlier or later than the prescribed or previously established parole consideration date, except that a referee may modify a parole consideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may modify a previously established parole consideration date by a maximum of six months in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the periods of time cited in (4) of this section shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Editorial correction of subsection (a)(2) filed 2-7-83 (Register 83, No. 7).
2. Amendment of NOTE filed 7-28-83; effective thirtieth day thereafter (Register 83, No. 31).
3. Amendment of subsection (a) filed 8-16-83; designated effective upon filing pursuant to Government Code section 11346.2(d) (Register 83, No. 34).
4. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
5. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
8. Amendment of subsection (b)(1)(B) and Note filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
9. New subsections (a)(8) through (a)(11) and subsection renumbering filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
10. Amendment of subsections (b)(1)-(b)(1)(A) and (b)(2)-(6) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
11. New subsection (a)(13) and amendment of subsection (b)(1)(A) filed 12-16-99 as an emergency; operative 12-16-99 (Register 99, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 12-16-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2001, No. 33).
13. New subsection (a)(13) and amendment of Note filed 8-15-2001; operative 9-14-2001 (Register 2001, No. 33).
Note • History
A parole consideration date interval of three years shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses:
(1) Sexual Assault with a Foreign Object (289(a) Penal Code).
(2) Rape (261 and all subsections Penal Code).
(3) Sodomy (286 and all subsections Penal Code).
(4) Oral Copulation (288a and all subsections Penal Code).
(5) Kidnap (207 Penal Code).
(6) Robbery (armed with dangerous or deadly weapon and with substantial injury) (211 Penal Code).
(7) Robbery of an inhabited dwelling (212.5 Penal Code).
(8) Robbery-Operator of Transportation Vehicle For Hire (212.5 Penal Code).
(9) Assault with Deadly Weapon or Force Likely to Produce Great Bodily Injury upon a peace officer, fireman, custodial officer, transportation worker or school personnel (245(a), (b), 245.2 and 245.3 Penal Code).
(10) Assault with Firearm (on a peace officer/fireman) (245(a)(2) and 245(c) Penal Code).
(11) Grand Theft Person (armed with dangerous or deadly weapon and with substantial injury) (487(2) Penal Code).
(12) Burglary (armed with dangerous or deadly weapon and with substantial injury) (459 and 460 Penal Code).
(13) Shooting at Inhabited Dwelling House, Occupied Building or Vehicle (with substantial injury) (246 Penal Code).
(14) Arson (that causes great bodily injury) or is Committed During a State of Insurrection or Emergency (451 and 454 Penal Code).
(15) Mayhem (203 Penal Code).
(16) Vehicular Manslaughter (with gross negligence) (192(c) Penal Code).
(17) Gross Vehicular Manslaughter While Intoxicated (191.5 Penal Code).
(18) Carjacking (215 Penal Code).
(19) Kidnap with the Intent to Commit Rape, Oral Copulation, Sodomy or Rape by Instrument (208(d) Penal Code).
(20) Discharging a Firearm from a Motor Vehicle with substantial injury (12034(c), Penal Code).
(21) Conspiracy to commit any Category 3 offense (182 Penal Code).
(b) Panels, Deviation, and Modification.
(1) All cases in Category 3 shall be heard by a Board panel at the initial hearing and all subsequent hearings with the exception of the following:
(A) Parole consideration hearings shall be conducted by a full Board panel.
(B) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification of six months earlier or later than the prescribed or previously established parole consideration date, except that a referee may modify a parole consideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may modify a previously established parole consideration date by a maximum of six months in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the periods of time cited in (4) of this section shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
2. Amendment of subsections (b)(1)-(b)(3), repealer of subsections (b)(4) and (b)(5), and renumbering and amendment of former subsection (b)(6) to subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (a)(7)-(8) and (b)(1)(B) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. Repealer and new subsection (a)(5) and new subsections (a)(17) through (a)(21) filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
8. Amendment of subsections (a)(17), (a)(19)-(20), (b)(1)-(b)(1)(A) and (b)(2)-(6) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Note • History
A parole consideration date interval of two years shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses:
(1) Vehicular Manslaughter (192(c) Penal Code).
(2) Involuntary Manslaughter (192(b) Penal Code).
(3) Robbery (Armed With Dangerous or Deadly Weapon or With Substantial Injury) (211 Penal Code).
(4) Assault with Caustic Chemicals (244 Penal Code).
(5) Assault with a Deadly Weapon or Force Likely to Produce Great Bodily Injury (with substantial injury) (245(a)(1) Penal Code).
(6) Assault with Firearm (with substantial injury) (245(a)(2) Penal Code).
(7) Assault with Intent to Commit Rape, etc. (220 Penal Code).
(8) Child Cruelty Likely to Produce Great Bodily Injury or Death (273a(1) Penal Code).
(9) Extortion (518 and 520 Penal Code).
(10) Grand Theft Person (armed with dangerous or deadly weapon or with substantial injury) (487(2) Penal Code).
(11) Burglary (armed with dangerous or deadly weapon or with substantial injury) (459 and 460 Penal Code).
(12) Shooting at Inhabited Dwelling House, Occupied Building or Vehicle (246 Penal Code).
(13) Arson (451 Penal Code).
(14) Recklessly Causing a Fire of any Structure, Forest Land, or Property (with substantial injury) (452 Penal Code).
(15) Sale, Possession for Sale, Transportation, or Furnishing of Controlled Substance, Narcotics, Marijuana.
(16) Maintaining Place for Selling, Using of Certain Controlled Substances or Specified Narcotics (11366 Health and Safety Code).
(17) Any other felony including attempted felony not listed in Categories 1 through 3 (with substantial injury).
(18) Conspiracy to commit any Category 4 offense (182 Penal Code).
(19) Discharging a Firearm from a Motor Vehicle (12034(c), Penal Code)
(20) Attempt of any offenses in Categories 2 and 3.
(21) Recommitment for any offense listed in Category 5 and 6 with a prior commitment for any offense in Categories 1 through 6.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial hearing. The referee may approve a six-month deviation from the prescribed parole consideration date. A referee may recommend further deviation from the prescribed parole consideration date by submitting the matter to a full Board panel for decision. All subsequent hearings shall be heard by a Board panel with the exception of the following:
(A) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may in any annual review year modify an established parole consideration date by six months with the exception of the following:
(A) A Board panel or referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.
(B) A referee may modify an established parole consideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the foregoing shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
2. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(1)(A) and (b)(2) and new subsection (b)(2)(A) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. Repealer and new subsection (a)(9), new subsections (a)(18) and (a)(19) and subsection renumbering filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
8. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Note • History
A parole consideration date interval of eighteen months shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses:
(1) Assault with A Deadly Weapon or Force Likely to Produce Great Bodily Injury (245(a) Penal Code).
(2) Battery (with substantial bodily injury) (242, 243(d), 243.2, 243.3, 243.6 Penal Code).
(3) Battery Upon a Peace Officer, Fireman or Upon a Custodial Officer (243.1, 243(b), 243(c) Penal Code).
(4) Recklessly Causing a Fire of Inhabited Structure or Property (452(b) Penal Code).
(5) Robbery (211 Penal Code).
(6) Grand Theft Person (487(2) Penal Code).
(7) Burglary, 1st Degree (459 or 460 Penal Code).
(8) Accessory to Murder (32 Penal Code).
(9) Sexual Battery (243.4 Penal Code).
(10) Intimidation of Witness by Force or Fear; in furtherance of a conspiracy; for pecuniary gain; or by a repeat offender (136.1(c) Penal Code).
(11) Conspiracy to commit any Category 5 offense (182 Penal Code).
(12) Attempt of any Category 4 Offense.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial hearing. The referee may approve a six-month deviation from the prescribed parole consideration date. A referee may recommend further deviation from the prescribed parole consideration date by submitting the matter to a full Board panel for decision. All subsequent hearings shall be heard by a Board panel with the exception of the following:
(A) Annual and progress reviews for wards housed at or committed to any non-Youth Authority facility and all Disciplinary Decision Making System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may in any annual review year modify an established parole consideration date by six months with the exception of the following:
(A) A Board panel or referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.
(B) A referee may modify an established parole consideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the foregoing shall be submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
2. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(1)(A) and (b)(2) and new subsection (b)(2)(A) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. New subsection (a)(11) and subsection renumbering filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
8. Amendment of subsections (a)(1), (b)(1), and (b)(2)-(b)(2)(A), new subsection (b)(2)(B), and amenmdent of subsections (b)(3)-(6) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Note • History
A parole consideration date interval of one year shall be established for those cases committed to the Youth Authority for offenses in this category.
(a) Offenses:
(1) Concealable Firearms (12021, 12025 Penal Code).
(2) Possession of Explosives, Flammable Matter or Fire Bomb (452(a) Penal Code).
(3) Recklessly Causing Fire to Uninhabited Structure or Forest Land (452(c) Penal Code).
(4) Burglary, 2nd Degree (459, 460 Penal Code).
(5) All Felony Offenses Not Listed.
(6) Conspiracy to commit any Category 6 offense (182 Penal Code).
(7) An Attempt of Any Category 5 offense.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial hearing and all subsequent hearings. At the initial hearing, the referee may approve a six-month deviation from the prescribed parole consideration date.
(2) A referee may in any annual review year modify an established parole consideration date by six months with the exception of the following:
(A) A referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.
(B) A referee may modify an established parole consideration date upward up to 12 months for DDMS behavior.
(3) A recommendation of a referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the foregoing shall be submitted to the Full Board En Banc for decision.
(6) The full Board en banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
2. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(2) and new subsection (b)(2)(A) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. New subsection (a)(6) and subsection renumbering filed 10-15-96; operative 11-14-96 (Register 96, No. 42).
8. Amendment of subsection (b)(2)(A), new subsection (b)(2)(B), and amendment of subsections (b)(3)-(6) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Note • History
(a) A parole consideration date of one year or less shall be established for those cases committed to the Youth Authority for offenses not listed in Categories 1 through 6. This provision also applies to a case in which parole has been revoked for technical violation.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial hearing and all subsequent hearings. At the initial hearing, the referee may approve a six-month deviation from the prescribed parole consideration date.
(2) A referee may in any annual review year modify an established parole consideration date by six months with the exception of the following:
(A) A referee may in any annual review year modify an established parole consideration date downward by up to 12 months for cases in designated accelerated treatment/counseling programs which have a duration of one year or less.
(B) A referee may modify an established parole considerate date up to 12 months for DDMS behavior.
(3) A recommendation of a referee for deviation or modification in excess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month deviation or modification to the prescribed or established parole consideration date in any annual review year, except that a full Board is not limited in its ability to modify a parole consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modification in excess of the foregoing shall be submitted to the Full Board En Banc for decision.
(6) The full Board en banc is not limited in its ability to deviate or modify.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (b) filed 7-28-83; effective thirtieth day thereafter (Register 83, No. 31).
2. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No. 36).
3. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
4. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91 (Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-29-91 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative 10-9-91 (Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL 2-5-92 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and filed 2-26-92 (Register 92, No. 12).
7. Amendment of subsections (b)(2) and new subsection (b)(2)(A) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
8. Amendment of subsection (b)(2)(A), new subsection (b)(2)(B), and amendment of subsections (b)(3)-(6) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4958. Classification of Cases.
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 4. Actions in Institutions
§4961. Prohibited Institution Behavior and Sanctions.
Note • History
Institutions and camps shall report to the board at his next board appearance, any ward found by Disciplinary Decision Making System (DDMS) proceedings to have engaged in any prohibited behavior as enumerated in this section.
(a) Staff Reports. Staff reports shall include:
(1) The date, a description of the specific behavior, and the specific finding of fact for each incident. All such behavioral incidents shall be listed in chronological order in progress or annual review reports.
(2) Any disciplinary action imposed by staff at institutions or camps, including program adjustment and detention information, shall also include the reasons therefor.
(3) A recommendation when the board is asked to impose a sanction.
(4) A statement of reasons when recommending the board deviate from the sanctions prescribed by this section for prohibited behavior.
(b) Co-offenders. When full board and regular board cases are involved in the same disciplinary incident all such cases shall, if at all possible, be presented to the same full board panel when staff is recommending an extension of parole consideration dates. If such presentation is not possible, a copy of the clinical report and a full report of the disposition of such co-offender(s) shall be included in the report.
(c) Sanctions. Sanctions in the form of extending parole consideration dates are established for each of the prohibited behaviors described in this section. The board may deviate from the prescribed sanctions. However, the board's ability to deviate from these sanctions is subject to the same provisions on modifying parole consideration dates as set forth in Article 3 of this subchapter. The board shall set forth its reasons in a clear and concise manner in the board order when it deviates from the prescribed sanctions.
(d) Behaviors. A ward in an institution or camp found to have engaged in any of the behaviors described in this section shall be presented to board immediately upon completion of the DDMS proceedings only if staff is recommending extension of his/her parole consideration date. The ward is subject to board disposition in the form of extending his parole consideration date. The range of prescribed sanctions for each behavior follows the description of the behavior:
(1) Individual, group, or gang physical attack, with or without weapons on staff, wards, or any persons not in custody. Prescribed range: 1-12 months.
(2) Participating in any sexual act without the consent of the other participant. Prescribed range: 1-9 months.
(3) Possession or manufacturing of a weapon or other object--the primary intent or purpose of which is to inflict injury. Prescribed range: 1-9 months.
(4) Unlawfully using, possessing, manufacturing, selling, or bringing into an institution any controlled substance (dangerous drugs or narcotics). Prescribed range: 1-9 months.
(5) Escaping from the custody of the Youth Authority by use of force upon another person. Prescribed range: 1-9 months.
(6) Holding another person by force or threat of force against such person's will for the purpose of compelling that person, another person, or the Youth Authority to follow a demanded course of action. Prescribed range: 1-9 months.
(7) Any conviction or sustained petition while a ward is under the control of an institution or camp. Prescribed range: 1-6 months.
(8) Any other prohibited behavior when staff believes an extension of a parole consideration date is warranted. Prescribed range: 1-6 months.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1720, 1765 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of article heading filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4961.1. In-Custody Misconduct for Parole Violators.
Note • History
(a) Disciplinary Decision Making System as set forth in Sections 4630 through 4654 applies to parole violators where the sanctions imposed do not extend a parole violator's confinement or Revocation Release Date.
(b) Any recommendation for an extension of the Revocation Release Date shall be referred to the Juvenile Parole Board for revocation extension proceedings. Parole violators undergoing revocation extension proceedings shall be provided the rights and processes outlined in Sections 4853 and 4977.
(c) Extensions of a parole violator's Revocation Release Date shall not occur except where the Juvenile Parole Board finds by a preponderance of the evidence that a parole violator has committed Serious In-Custody Misconduct or Willful Program Failure as defined in Section 4900.
(d) Pending a District Attorney Referral. If Level 3 Serious In-Custody Misconduct has been referred to the District Attorney for prosecution and charges have been filed, a parole violator may conditionally accept the Revocation Extension Assessment and conditionally waive a Revocation Extension Hearing. He/she retains, however, the option to request a hearing once criminal proceedings are completed.
(1) This type of waiver is referred to as an “optional waiver”.
(2) In order for a parole violator to be eligible to optionally waive his/her Revocation Extension Hearing, criminal charges must have been filed with the District Attorney on the same behavior as the Level 3 Serious In-Custody Misconduct.
(3) A hearing request must be received by the Juvenile Parole Board no later than 35 days before expiration of the revocation period as ordered by the Juvenile Parole Board.
(4) Upon receipt of a hearing request, the Juvenile Parole Board shall schedule an Optional Waiver Review. At the hearing, the hearing officer may take any appropriate action not to exceed the Revocation Extension Assessment.
(e) Dual Commitment Cases. The Division of Juvenile Parole Operations shall be responsible for revocation extension referrals for parole violators housed in institutions other than those operated by the Division of Juvenile Justice.
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Sections 1719, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4962. Returns to Court. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 780, 1737.1, 1780 and 1800, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
A furlough is a temporary release from an institution or camp granted by the Board. Properly authorized escorted activities are not furloughs.
(a) Criteria. Except where specifically indicated otherwise:
(1) Furlough hearings are appearance hearings.
(2) A Full Board panel may approve furloughs for Category 1, 2 and 3 cases, and those cases specifically designated to be heard by a three-person panel.
(3) A Board panel may approve Category 4 and 5 cases.
(4) A Referee may approve Category 6 and 7 cases.
(b) Termination of furlough. DDMS action may be used for any infraction during the furlough and may result in termination of the furlough privilege.
(c) Emergency Furlough. An emergency furlough is the temporary release of a ward to allow him/her to be with family because of death or serious family illness. The Director or a director's representative may grant emergency furloughs for category 4-7 cases. Two Members shall approve emergency furloughs for category 1, 2 or 3 cases and those cases specifically designated to be heard by a three-person panel. Outside of normal working hours, one Member may grant approval of an emergency furlough. Hearings for emergency furloughs may be non-appearance.
(d) Medical Furlough. A medical furlough is a temporary release of a ward from an institution or camp for the purpose of medical or dental treatment, when professional staff has documented a compelling need for out-of-custody treatment. Medical furlough hearings may be non-appearance.
(e) Training Furlough. A training furlough is the temporary release by the Board of a ward to an identified parole placement as a part of the institutional training program.
(1) Criteria.
(A) A training furlough is used to supplement institutional experiences by preparing a ward for parole through visitation in an identified parole placement. Tentative school, employment, and activity planning may be an integral part of such a furlough.
(2) Granting training furloughs.
(A) Training furloughs usually last seven days or less. The Board may, on an individual case basis, grant furloughs of any length. An order granting a training furlough shall include specific dates.
(B) Training furloughs shall not begin earlier than five working days from the date of Board approval except with prior concurrence by appropriate parole branch personnel.
(f) Work furlough. A work furlough is the temporary release of a ward to engage in daily community employment.
(1) Criteria.
(A) A work furlough is used to improve a ward's readiness for parole.
(B) After daily scheduled work, the ward shall return to the institution where he/she is housed.
(g) Transitional Program furlough. A Transitional Program furlough is the temporary release of a ward to a pre-release community residential center. These centers supplement institutional training and treatment in preparation for parole.
(1) Criteria.
(A) Transitional Programs are supervised programs which provide intensive services directed toward community reintegration.
(B) Programs shall not exceed 120 days, except by specific directions of the Board.
NOTE
Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (a), (c)(1)(A), (d)(2)(A) and (E) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
2. Amendment of section and Note filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
§4964. Release in Custody to Other Jurisdictions.
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1008, 1714 and 1719, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of last sentence of subsection (c) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Repealer filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Article 5. Referral, Rescission, and Release on Parole
Note • History
The Board orders a ward referred to parole. Referrals to parole shall be made when the Board determines that a ward, under supervision and with appropriate conditions of parole, is likely to present no significant danger to the public. A denial of parole pursuant to this standard shall be supported by a statement of reasons on the Board Order. The statement will include specific findings concerning the ward's background, performance, and propensities as set forth in Section 4945(h), (i) and (j).
(b) (Reserved)
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment of first paragraph and subsection (a)(2) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
3. Amendment of first paragraph and repealer of subsections (a)-(a)(2) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4967. Out of State Referrals.
Note • History
The Board may refer to parole any ward for investigation of placement out of state in accordance with interstate compacts for juveniles and adults.
(a) Wards whose legal residence is outside of California shall meet the same criteria for referral to parole as resident wards.
(b) A court order committing a ward to the Youth Authority for return to his state of residence will be considered, however, the Board is not bound by such court order.
(c) Wards whose residence is in California may be referred to parole for placement in another state.
(d) (Reserved)
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1009, 1714, 1719 and 1300-1308, Welfare and Institutions Code; and Section 1203, Penal Code.
HISTORY
1. Order of Repeal of subsection (d) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Repealer of subsections (e)-(e)(2) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4968. Rescission of Referral to Parole.
Note • History
The Board may for good cause, after a hearing, rescind a referral to parole.
(a) Criteria for rescission. After referral to parole, institution staff shall initiate rescission proceedings when:
(1) A ward is involved in a serious disciplinary incident.
(2) A serious deterioration has taken place in a ward's mental or emotional status which makes him a danger to himself or other persons.
(3) A ward has been referred to parole in the mistaken belief his confinement time has been exhausted, and who does not meet the standards for referral to parole as set forth in Section 4966.
(b) Protections Afforded a Ward in Rescission Matters. A ward undergoing rescission proceedings shall be entitled to the same protections afforded a ward in parole violation matters as enumerated in Section 4977. As a further protection, where legal counsel is not granted, a ward shall have the right to the assistance of a staff, program volunteer, or ward representative. The choice of a representative shall be that of the ward subject to the same limitations as set forth in Section 4644 with respect to wards undergoing Disciplinary Decision Making System action.
(c) Hearings and Orders.
(1) The rescission hearing shall be held within 30 days of institution staff's determination that the ward meets the criteria for such a hearing.
(2) (Reserved)
(3) A finding of fact shall be based on the preponderance standard of certainty.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1720, 1765 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsections (c)(2) and (c)(4) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Note • History
(a) Foster Home Placement. The Board shall approve foster home placement of any ward. This approval may be given in the referral order. A full board panel shall approve all orders for foster home placement in the home of a Youth Authority employee or a Youthful Offender Parole Board Member or employee.
(b) (Reserved)
(c) Time Limits.
(1) When staff is authorized to approve a placement plan, release of the ward shall be within 60 days of the referral order. When this is not accomplished the case shall be calendared for Board review and decision.
(2) A ward who is under Youth Authority commitment to a county facility shall be released within seven calendar days from the date of release ordered by the Board. Any exception to this requirement shall be approved by the Board.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1176, 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Chapter 3. Board Rules Relating to Parole
Article 1. General Provisions
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1177, 1714, 1719, 1720 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4972. Annual Good Cause Reviews.
Note • History
The Board shall at least annually reexamine the case of each parolee. This shall be for the purpose of determining whether the existing order or disposition shall be modified or continued in force.
(a) Initial Review. The initial annual review shall be conducted no later than one year from the date of a parolee's last institution appearance prior to his/her release on parole. A Board review or a disposition report which describes a parolee's progress to date while on parole may serve as an annual review. When this occurs the next annual review date shall be no later than one year from the review of a disposition report.
(b) (Reserved)
(1) The parolee shall be notified of the date, time, and place of his/her scheduled annual review at least ten days prior to such review. Along with this notice, the parolee shall be provided a copy of the report submitted to the Board by his/her parole agent.
(2) The parolee may appear before the Board for his/her annual review unless he/she chooses not to or when he/she is in custody in a non-Youth Authority institution.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1761 and 1720, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4973. Communication with Parolees. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4974. Special Detoxification Programs. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal, except first sentence, filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Repealer filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4975. Parolees Living Out-of-State.
Note
The Board authorizes a parole agent to grant permission for a parolee to leave the State of California and take up residence in another state when it is in the best interests of the parolee.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1300, Welfare and Institutions Code; and Section 1203, Penal Code.
Article 2. Parole Violation
§4976. Introduction. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4977. Protections Afforded a Parolee/Parole Violator in Parole Violation Matters.
Note • History
(a) Parolees/parole violators detained in custody will have the following rights in revocation and revocation extension proceedings:
(1) To receive written notice of the rights outlined herein. For parole revocation cases, this notice of rights must be served on the parolee within three (3) business days after the parole hold.
(2) To receive written notice of the charges against him or her. For parole revocation cases, this notice of charges must be served on the parolee within three (3) business days after the parole hold.
(3) To receive a copy of all evidence that will be used against the parolee/parole violator unless it is deemed confidential.
(4) An attorney to represent the parolee/parole violator during the revocation and revocation extension process in accordance with Section 4979. A parolee/parole violator has the right to retain a private attorney or to be represented by his/her public defender.
(5) A Probable Cause Hearing.
(A) In the revocation process this shall occur within thirteen (13) business days following the parole hold.
(B) In the revocation extension process this shall occur within thirteen (13) business days following service of the notice of rights to the parole violator.
(C) The parolee/parole violator has the right to request an expedited Probable Cause Hearing if there is evidence that shows he or she is completely innocent of the charges.
(6) If the charges are not resolved at the Probable Cause Hearing, the parolee/parole violator will have a right to a Revocation or Revocation Extension Hearing.
(A) Revocation Hearings shall take place within thirty-five (35) calendar days following a parole hold.
(B) Revocation Extension Hearings shall take place within thirty-five (35) calendar days following the notice of rights to the parole violator.
(C) He/she shall have the right to receive notice of the date and time of the hearing.
(7) To be heard in person and to present witnesses and documentary evidence in his/her defense at a Revocation or Revocation Extension Hearing.
(A) For Parole Revocation Hearings, the parolee shall have the right to subpoena witnesses and present evidence to the same extent and on the same terms as the Division of Juvenile Justice, including the right to question live witnesses through his/her attorney.
(B) For Revocation Extension Hearings, the right to call witnesses and present documentary evidence is limited by institutional safety and correctional goals.
(8) To accommodations and assistance sufficient to ensure equal access to and effective communication during the revocation/revocation extension process as outlined in Section 4977.6.
(9) To a neutral and detached hearing officer.
(10) To a written decision by the hearing officer addressing the evidence relied on and the reasons for the decision.
(11) To receive an audible audio recording of the Revocation or Revocation Extension Hearing within ten (10) business days from the date the Juvenile Parole Board receives a written request for the recording.
(12) To file an appeal with the assistance of an attorney within 20 business days of receipt of the written hearing decision.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of section heading, repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4977.5. Not-In-Custody Hearings.
Note • History
(a) A parolee who is not detained in custody on a Division of Juvenile Justice parole hold while undergoing revocation proceedings is considered to be a Not-In-Custody status case.
(b) A parolee charged with a violation of parole who is Not-In-Custody has the following rights:
(1) To receive written notice of the rights outlined herein within ten (10) business days after the date of discovery.
(2) To receive written notice of the charges against him/her within ten (10) business days after the date of discovery.
(3) To receive a copy of all evidence that will be used against the parolee unless it is deemed confidential.
(4) An attorney to represent the parolee during the revocation process in accordance with Section 4979. A parolee has the right to retain a private attorney or to be represented by his/her public defender.
(5) A Revocation Hearing that shall take place within sixty (60) calendar days after the parolee has been served with the notice of rights and charges.
(6) To be heard in person and to present witnesses and documentary evidence in his/her defense at the Revocation Hearing.
(7) To accommodations and assistance sufficient to ensure equal access to and effective communication during the revocation extension process as outlined in Section 4977.6.
(8) To a neutral and detached hearing officer.
(9) To a written decision by the hearing officer addressing the evidence relied upon and the reasons for the decision.
(10) To receive an audible audio recording of the Revocation Hearing within ten (10) business days of Juvenile Parole Board's receipt of a written request.
(11) To file an appeal with the assistance of an attorney within twenty (20) business days of receipt of the written hearing decision.
(c) A parolee charged with a violation of parole who is Not-In-Custody does not have the right to a Probable Cause Hearing.
NOTE
Authority cited: Sections 1001, 1004 and 1712, Welfare and Institutions Code. Reference: Sections 1714, 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4977.6. Accommodations and Assistance for Parolees/Parole Violators with Disabilities and/or Effective Communication Needs.
Note • History
(a) Parolees/parole violators shall have the following rights to reasonable accommodations and effective communication during revocation and revocation extension proceedings to ensure meaningful participation:
(1) To receive accommodation for disabilities and effective communication assistance throughout the revocation or revocation extension process.
(2) To receive help talking, reading, hearing, seeing, understanding or getting to hearings.
(3) To receive help in meeting with counsel.
(4) To receive the assistance of a foreign language interpreter if the parolee/parole violator does not speak English.
(5) To receive the assistance of a sign language interpreter if the parolee/parole violator is deaf and uses sign language.
(6) To receive help reading all related forms and papers.
(7) To use special transportation if needed to attend hearings.
(8) To file a grievance or appeal if the parolee/parole violator did not receive the help he/she needed.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1714, 1719 and 1767.35, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4977.7. Remedies for Late Hearings in the Parole Revocation Process.
Note • History
(a) Any reduction for timeframe violations that a parolee is entitled to as explained within this section shall not affect the hearing officer's determination of the appropriate case disposition.
(b) Late Probable Cause Hearing Remedy.
(1) If the Probable Cause Hearing for an In-Custody parolee occurs after the thirteenth (13th) business day but before the thirty-fifth (35th) calendar day following placement of the parole hold without a showing of good cause, the remedy shall be a hearing to be held at the earliest possible date.
(2) If the Probable Cause Hearing for an In-Custody parolee occurs after the thirty-fifth (35th) calendar day following placement of the parole hold without a showing of good cause, the parolee shall be entitled to a reduction in his/her return to custody by one day for every day the Probable Cause Hearing occurs beyond the thirty-fifth (35th) calendar day.
(c) Late Revocation Hearing Remedy.
(1) If the Revocation Hearing for an in-custody parolee occurs after the thirty-fifth (35th) calendar day following placement of the parole hold without a showing of good cause, the parolee shall be entitled to a reduction in his/her return to custody by one day for every day the Revocation Hearing is late.
(2) If the Revocation Hearing for an In-Custody parolee occurs after ninety (90) calendar days following the placement of a parole hold without a showing of good cause, prejudice shall be presumed, the case shall be dismissed, the Division of Juvenile Justice parole hold must be withdrawn and, assuming there are no other holds, the parolee released as soon as possible but no later than three (3) business days from the ninety-first (91st) day.
(d) Late Not-In-Custody Revocation Hearing Remedy.
(1) If the Not-In-Custody Revocation Hearing occurs after the sixtieth (60th) calendar day following service to the parolee of the notice of charges without a showing of good cause, the remedy shall be a hearing unless the parolee can demonstrate actual prejudice as a result of the delay.
(e) Late Revocation Extension Hearing Remedy.
(1) If the Revocation Extension Hearing occurs after the thirty-fifth (35th) calendar day following service to the parolee of the notice of charges with or without a showing of good cause, the hearing shall be held at the earliest possible date.
(2) For parole violators held beyond their Revocation Release Date due to pending revocation extension charges, if the Revocation Extension Hearing occurs after the thirty-fifth (35th) calendar day following the notice of charges without a showing of good cause, the parole violator shall be entitled to a reduction in his/her extension by one day for every day the Revocation Extension Hearing is late.
(3) For parole violators held beyond their Revocation Release Date, if the Revocation Extension Hearing does not occur within ninety (90) calendar days following the notice of charges without a showing of good cause, prejudice shall be presumed, the case shall be dismissed, an Exit Interview shall be conducted, the Division of Juvenile Justice parole hold must be withdrawn and, assuming there are no other holds, the parole violator released as soon as possible but no later than three (3) business days from the ninety-first (91st) day.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1719 and 1723, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) Criteria for Detention. A parolee may be detained when it is determined it is more likely than not there is a substantial risk that unless he/she is detained:
(1) The parolee is a danger to himself/herself;
(2) The parolee is a danger to the person or property of another;
(3) The parolee is a risk to abscond from parole supervision; or
(4) The parolee's mental state has deteriorated to the point where it is likely that there is a threat to public safety.
(b) Authority to Detain.
(1) The Juvenile Parole Board may detain a parolee upon a determination that a criterion for detention criteria has been met and that probable cause exists to believe a parolee has violated a condition of parole.
(c) Time Limits on Detention Prior to Juvenile Parole Board Hearings.
(1) No later than two (2) business days after the parole hold is placed, the Parole Agent and the Supervising Parole Agent will confer to determine:
(A) Whether there is probable cause to believe that the parolee violated a condition of parole.
(B) Whether the parolee meets any of the detention criteria and should be detained pending a formal Probable Cause Hearing.
(2) A parolee who is in custody and has been charged with a parole violation has a right to a Probable Cause Hearing before the Juvenile Parole Board within thirteen (13) business days of a Division of Juvenile Justice initiated parole hold to determine:
(A) Whether there is probable cause to believe that he/she has violated a condition of parole; and
(B) Whether he/she should remain in custody pending the outcome of the revocation proceedings.
(3) If the Juvenile Parole Board finds that a criterion for detention has not been met, or that there is no probable cause to believe that a parolee violated a condition of parole, the Division of Juvenile Justice parole hold must be withdrawn and, assuming there are no other holds, the parolee released as soon as possible but no later than three (3) business days from the date of the hearing.
(d) Changes to Conditions Supporting Detention.
(1) A Parole Agent shall ensure that a detained parolee can communicate with him/her at any reasonable time when the parolee has new information which might possibly change a detention decision.
(2) When a hearing officer has ordered a parolee detained, release from detention requires approval by the Juvenile Parole Board. Parole staff shall contact the hearing officer making the original order, or in his/her absence, another hearing officer when new information indicates detention is no longer required. The hearing officer may give verbal approval for withdrawal of the detention order with the stipulation that a written report will be presented at a non-appearance parole calendar explaining the action.
(3) When court action is extended and the parolee is detained, the Division of Juvenile Justice may consider placing the parolee in a Division of Juvenile Justice facility. This may occur when it is deemed to be in the best interest of the parolee, and provided it does not interfere with the court process.
(e) Parolees undergoing court action in other states and/or being held by the Division of Juvenile Justice in other states, will be processed in the same manner as other parolees in the violation process except as follows:
(1) Detention of parolees in other states by the Division of Juvenile Justice will be reported to the Juvenile Parole Board at a parole calendar within sixty (60) days of such detention.
(2) Revocation process time limits for parolees being detained out of state will be suspended until the date the parolee is returned to California.
NOTE
Authority cited: Sections 1767.3 and 1767.6, Welfare and Institutions Code. Reference: Sections 1719, 1766 and 1767.35, Welfare and Institutions Code.
HISTORY
1. Order of Repeal of initial paragraph filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Repeal of subsection (f)(1), subsection renumbering and amending of newly designated subsection (f)(3) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
3. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
4. Amendment of subsections (c)(1), (c)(2) and (g)(1) and amendment of Note filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
5. Amendment of section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4979. Right to Legal Counsel.
Note • History
The Juvenile Parole Board shall appoint counsel to represent all parolees and parole violators in the revocation and revocation extension processes.
(a) Appointment of Attorneys
(1) For revocation proceedings, the Division of Juvenile Parole Operations shall notify a parolee's counsel of record or public defender, who represented him/her for the committing court offense, of the imposition of a parole hold within four (4) business days after the hold.
(2) An attorney will be appointed to represent a parolee/parole violator:
(A) On or before the eighth (8th) business day following the parole hold for detained/in-custody parole revocation proceedings.
(B) On or before the twenty-first (21st) business day following service of the Notice of Charges, DJJ 3.274 (REV 04/09), for Not-In-Custody parole revocation proceedings, or
(C) On or before the eighth (8th) business day from the date of notice to the parole violator for revocation extension proceedings.
(3) A parolee/parole violator shall have the right to be represented by counsel during the administrative appeal of the Juvenile Parole Board's revocation or revocation extension decision.
(4) A parolee/parole violator shall have the right to obtain counsel of his or her own choosing at his or her own cost. Such counsel shall have the same rights, except as to compensation, as to counsel appointed by the Juvenile Parole Board.
(b) Attorney Access.
(1) At the time of appointment, counsel shall be provided with all of the evidence in the State's possession on which it intends to rely or which may be exculpatory.
(2) A parolee/parole violator's counsel shall not be denied reasonable access to all of his/her client's files.
(3) At the time of appointment, counsel representing parolees/parole violators who have difficulty in communicating or participating in revocation or revocation extension proceedings because of a disability or effective communication needs, shall be informed of the nature of the difficulty, including but not limited to mental illness, other cognitive or communication impairments, illiteracy, limited-English language proficiency, and the need for a foreign language or sign language interpreter.
(4) Counsel shall be given reasonably adequate time to represent the parolee/parole violator properly at each stage of the proceeding, including administrative appeals.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1714, 1719 and 1767.35, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (b)(5) and (c)(1)-(2) filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
2. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
3. Amendment of section heading, section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4980. Rules for Parole Violation Hearings.
Note • History
The Juvenile Parole Board has established the following rules for all hearings relating to parole violation proceedings.
(a) When a parolee is being held in custody, the hearings to determine probable cause or violation of parole shall be held within the county or within fifty 50 miles of where the alleged violation occurred, absent a waiver.
(b) The parolee shall be present during the hearing. If the parolee is under 18 years of age, the parents or guardians shall be notified and may attend the hearing.
(c) The hearing officer shall familiarize himself/herself with necessary reports and supporting evidence prior to the hearing. This review will be limited to those materials relevant to the type of hearing to be conducted.
(d) The parolee may challenge any allegation of a violation brought exclusively by the Division of Juvenile Justice but cannot challenge a court conviction.
(e) The hearing officer shall limit the scope of the hearing to issues relevant to the particular hearing which is being held.
(f) During Probable Cause Hearings, the hearing officer may assume staff reports are true unless the accuracy of the information is successfully challenged at the hearing.
(g) Parolees shall have the right to subpoena witnesses to appear at a Revocation Hearing. The parolee shall be advised of the witnesses that the Division of Juvenile Justice intends to subpoena. If a hearing officer determines based on objective factors that a witness is fearful and that face-to-face confrontation would result in significant emotional distress to the witness, that witness may testify outside of the presence of the parolee. The hearing officer shall allow the parolee's counsel to cross examine the witness and a reasonable amount of time to consult with the parolee about the witness's testimony.
(h) Evidence or documents not provided to the parolee's counsel at least forty-eight (48) hours prior to the hearing shall not be admitted or considered in the hearing unless the Division of Juvenile Justice can show good cause for the delay.
(i) The use of hearsay evidence in a Revocation Hearing shall be limited by the parolee's confrontation rights in the manner set forth in controlling legal authority.
(j) Any person, including the parolee, who disrupts a hearing, may be excluded from further participation by the hearing officer.
(k) The hearing officer is responsible for assuring that the parolee has had a full opportunity to present all relevant information in his/her own behalf.
(l) The hearing officer shall record findings of specific violations with respect to the charges shown in the notice of charges. He/she shall record all orders made at the hearing.
(m) All Revocation and Extension Hearings shall be audio recorded and a written record will be made for the proceeding. The parolee shall be informed of his/her right to receive an audible copy of the audio recording of the hearing. Division of Juvenile Justice shall take necessary steps to ensure that such proceedings are appropriately recorded. Probable Cause Hearings/Optional Waiver Reviews may not be recorded.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Section 1723, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (l) filed 11-8-82; effective thirtieth day thereafter (Register 82, No. 46).
2. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
3. Amendment of section heading, section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4981. Probable Cause/Detention Hearing.
Note • History
(a) A parolee who is in custody while undergoing parole revocation proceedings initiated by Division of Juvenile Justice has a right to a Probable Cause Hearing before the Juvenile Parole Board. This hearing shall be conducted no later than thirteen (13) business days after imposition of a Division of Juvenile Justice parole hold. The Probable Cause Hearing has two (2) purposes:
(1) To determine whether there is probable cause to believe the parolee has violated a law or condition of parole. Probable cause requires facts that would lead a person of ordinary caution and prudence to conscientiously entertain a strong suspicion that the alleged charge is true.
(2) To determine, where probable cause is established the Juvenile Parole Board, whether the parolee should continue to be detained pending resolution of the alleged charges.
(b) Probable cause for a law violation may be established by:
(1) A finding by a court that a crime was committed and that the parolee committed the crime. In this instance the hearing officer shall establish probable cause by determining the parolee appearing before him/her is the same subject who appeared before the court.
(2) A finding by the hearing officer that a violation of law occurred and that there is probable cause to believe the parolee was the person who committed the crime.
(c) A hearing officer may order a parolee detained following the establishment of probable cause provided the parolee meets a criterion for detention as set forth in Section 4978.
(d) When a hearing officer finds probable cause but orders that a parolee not be detained pending resolution of the charges, the Division of Juvenile Justice parole hold must be withdrawn and assuming there are no other holds, the parolee released as soon as possible, but no later than three (3) business days from the date of the hearing. If released, the parolee will have a Not-In-Custody Revocation Hearing. Regardless of whether the parolee is being held on other holds, timeframes for Not-In-Custody Revocation Hearings will apply.
(e) When a hearing officer dismisses the charges or orders that the parolee be continued on parole, the Division of Juvenile Justice parole hold must be withdrawn and, assuming the are no other holds, the parolee released as soon as possible, but no later than three (3) business days from the date of the hearing.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1719, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (d) filed 3-19-92 as an emergency; operative 4-1-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-30-92 or emergency language will be repealed by operation of law on the following.
2. Amendment of subsection (d) filed 8-26-92; operative 9-25-92 (Register 92, No. 35).
3. Amendment of section heading, section and Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) When a parolee is alleged to have violated a condition of parole, he/she is placed into the violation process. There are two (2) categories of parole violations:
(1) Law Violation. A court finding of a violation of law establishes a violation of a condition of parole.
(2) Technical Violation. A violation of a general or special condition of parole.
(b) The Division of Juvenile Parole Operations violation process has three (3) levels:
(1) Level 1: Minor violations of parole for which detention may not be warranted.
(2) Level 2: Selected minor law violations, moderate technical violations, or repetitive Level 1 behavior for which detention may not be warranted.
(3) Level 3: Any behavior that the Division of Juvenile Parole Operations believes represents a risk or threat to public safety. This includes serious technical and/or law violations, and/or any Level 1 or Level 2 behavior that is exacerbated by repetition, severity and/or relation to the youth's original commitment offense.
(c) Level 1 and Level 2 behavior may be resolved at the field parole unit level through the imposition of a Corrective Action Plan, DJJ 3.221 (REV 04/09). Level 3 behavior shall be reported to the Juvenile Parole Board. However, the Juvenile Parole Board must first establish that there has been a violation of a condition of parole before a parolee may be deprived of his liberty through revocation of parole.
(d) A preponderance of the evidence standard of proof shall be applied by the Juvenile Parole Board during a Revocation Hearing to determine whether a parolee has violated a condition of parole. This means a hearing officer shall decide whether it is more likely than not that a parolee did violate a condition of parole as alleged.
NOTE
Authority cited: Section 1766, Welfare and Institutions Code. Reference: Sections 1719, 1723 and 1767.3, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (c)(1) and (c)(2) filed 3-19-92; operative 4-1-92 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 7-30-92 or emergency language will be repealed by operation of law on the following.
2. Amendment of subsections (c)(1) and (c)(2) filed 8-26-92; operative 9-25-92 (Register 92, No. 35).
3. Repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
§4983. Disposition of a Parole Violation.
Note • History
(a) The Juvenile Parole Board shall make a written order documenting its findings and imposing a disposition in all parole revocation proceedings. A copy of this written board order shall be provided to the parolee and to his/her attorney at the conclusion of the hearing.
(b) The dispositions that the Juvenile Parole Board may consider are:
(1) Dismissal of the charges is warranted
(2) Continuing the parolee on parole.
(3) Revoking parole and imposing a revocation term based upon the Parole Revocation Assessment Matrix, REV 11/2008 or the Revocation Extension Matrix, REV 12/2008, established by the Juvenile Parole Board. Upon revocation, the hearing officer shall establish a Revocation Release Date.
(4) Granting the parolee's request for an Optional Waiver
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1714, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. Repealer and new section and amendment of Note filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Note • History
(a) A parolee, who is in custody and undergoing criminal prosecution for the same behavior that is grounds for an alleged violation, may conditionally waive a Revocation or Revocation Extension Hearing while still retaining the option to request a hearing at a later date. Upon receipt of a signed request by the parolee in which he/she elects to optionally waive his/her Revocation or Revocation Extension Hearing, his/her parole will be revoked or extended for the time assessed by the Juvenile Parole Board based upon the established Parole Revocation Assesment Matrix, REV 11/2008 or the Revocation Extension Matrix, REV 12/2008.
(b) A parolee may later request a Revocation or Revocation Extension Hearing prior to the end of the optional waiver period. He/she is entitled to no more than one activation of an optional waiver. A hearing request must be postmarked and received by the Juvenile Parole Board no later than 35 days before expiration of the optional waiver revocation period ordered by the Juvenile Parole Board.
(c) If a parolee is still undergoing criminal prosecution when the optional waiver revocation period ends, the Division of Juvenile Justice parole hold will be dropped. However, the parolee may remain in local custody pending the outcome of the criminal prosecution.
NOTE
Authority cited: Section 1719, Welfare and Institutions Code. Reference: Sections 1714, 1723 and 1766, Welfare and Institutions Code.
HISTORY
1. New section filed 2-22-2012; operative 3-23-2012 (Register 2012, No. 8).
Article 3. Temporary Detention [Repealed]
§4985. Temporary Detention. [Repealed]
Note • History
NOTE
Authority cited: Section 1712, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
HISTORY
1. Change without regulatory effect repealing section and amending Note filed 12-19-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 51).
Chapter 4. Discharge of Wards
Article 1. General Provisions
Note
The Board is authorized by law to discharge wards of the Youth Authority. No ward shall be discharged prior to the expiration of his commitment unless such action is consistent with the protection of the public.
(a) The parolee shall have received notification of the date, time, and place of his scheduled discharge review, including a copy of the report to be submitted to the Board, at least ten days prior to such review and he may appear at such review.
(b) When considering discharge of a ward, the Board order shall include a statement of reasons for the decision.
NOTE
Authority cited: Sections 1177, 1178, 1179, 1714, 1719 and 1722, Welfare and Institutions Code. Reference: Sections 1177, 1178, 1179, 1714, 1719, 1720, 1723, 1765, 1766, 1769, 1770, 1771 and 1772, Welfare and Institutions Code.
§4987. Discharge Required. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1769, 1770, 1770.1, 1771, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4988. Panels Authorized to Discharge. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1721 and 1723, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4989. Modification of Discharge.
Note
A full board panel may modify an order of discharge to change the classification if conditions indicate such modification is desirable and is to the benefit of the individual ward.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
§4990. Discharge of Out-of-State Cases.
Note
The Board may discharge a ward who is returned to his state of legal residence under the provisions of the interstate compact as follows:
(a) Under provisions set forth in Sections 4995, 4996, 4997 of these regulations.
(b) When it is recommended by or requested by the agency providing supervision in the receiving state, and such discharge is consistent with Section 4986 of these regulations.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
§4991. Release from Penalties. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1179 and 1772, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4992. Rejection of Cases. [Repealed]
Note • History
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Section 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Classification of Discharge
Note • History
(a) A ward may be discharged honorably when he/she has performed satisfactorily for a sufficient period of time to give reasonable assurance that he/she will continue as a law-abiding citizen.
(b) A ward shall have met at least one of the following criteria before receiving an honorable discharge.
(1) Have a minimum of one year of satisfactory behavior as reflected in parole summary reports, except those cases in Sections 4951, 4952, and 4953 (Board Hearing Categories 1, 2, and 3) must have a minimum of eighteen months satisfactory behavior as reflected in parole summary reports which shall be referred to in the discharge report.
(2) Have demonstrated a pattern of behavior reflecting personal, social and economic growth with a satisfactory plan for continued positive growth in the future. (The above criteria applies to wards who are eligible for discharge from either the institution or parole.)
(3) Have paid all court-ordered restitution, demonstrates satisfactory compliance with all laws, and confirms a pattern of responsibility to victims of their previous crime involvement.
NOTE
Authority cited: Sections 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1177, 1178 and 1772, Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
2. New subsection (b)(3) and amendment of Note filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
Note • History
A ward shall meet at least one of the following criteria for a general discharge.
(a) When the length of jurisdiction of the Youth Authority has not provided a ward the opportunity to demonstrate institutional behavior or parole performance for a satisfactory period of time to give reasonable assurance he/she will function as a law-abiding citizen.
(b) Upon the death of a ward, unless the ward dies during the commission of a crime.
(c) When the ward will not benefit from further training, treatment, supervision and/or surveillance resources available to the Youth Authority but is not likely to be a danger to himself/herself or to the community.
(d) When, at expiration of jurisdiction, the ward does not meet the criteria for Honorable Discharge and the record does not warrant a Dishonorable Discharge.
(e) When at an annual review of a ward who has been deported there is no evidence that the ward has returned to the United States.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719 and 1766, Welfare and Institutions Code.
HISTORY
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. OAL Notice of Erroneous Filing filed 2-6-86; purported repealer of Section 4996(a)-(f) (first sentence only) filed in error on 6-3-85 is null and void and text as filed with Secretary of State on 8-6-82 remains in effect uninterrupted EXCEPT subsection (f) (second sentence only) which was properly repealed on 6-3-85 (Register 86, No. 6).
3. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§4997. Dishonorable Discharge.
Note • History
(a) The ward has been committed to any state or federal prison.
(b) The ward has been committed to any local, state, or federal jurisdiction for a period of probation or jail sentence which does not exceed Youth Authority jurisdiction and it is shown on a casework basis that he/she will no longer need Youth Authority supervision or services.
(c) The ward has been committed to any local, state, or federal jurisdiction for a period of probation or jail sentence which exceeds Youth Authority jurisdiction and it is shown on a casework basis that he/she will no longer need Youth Authority supervision or services.
(d) The ward has demonstrated or performed in a manner that indicates to the Board he/she is not capable at the time of expiration of commitment of functioning as a law-abiding citizen. Such behavior shall be documented in the ward's file and referred to on the Board Order.
(e) The ward is not under supervision by the Youth Authority and his/her whereabouts are unknown. No ward will be discharged as missing prior to expiration of commitment by age.
(f) The ward dies during the commission of a crime.
(g) When the ward has court action pending at the time of expiration of commitment and the Board believes the outcome would determine the type of discharge. A referee is authorized to review and modify a discharge under this section.
NOTE
Authority cited: Section 1722, Welfare and Institutions Code. Reference: Sections 1714, 1719 and 1766, Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (b)-(e) and new subsections (f)-(g) filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
Division 5. Narcotic Addict Evaluation Authority
Chapter 1. General
Article 1. Rules of Construction and Definitions
§5000. Rules of Construction and Definitions.
Note • History
(a) Rules of Construction. The following rules of construction apply to the regulations contained in this division, except as otherwise noted:
(1) The enumeration of some criteria for the making of discretionary decisions does not prohibit the application of other criteria reasonably related to the decision being made.
(2) The order in which criteria are listed does not indicate their relative weight or importance.
(3) “Resident,” “inpatient,” “releasee,” “outpatient,” “parolee,” or “parole violator” applies to any person who has been committed to the Civil Addict Program.
(4) “Shall” is mandatory, “should” is advisory, and “may” is permissive.
(5) The past, present, or future tense includes the others.
(6) The masculine gender includes the feminine gender; the singular includes the plural.
(7) Unless otherwise specified, references to a section, article or chapter refer to NAEA rules contained in this division.
(8) The time limits specified in these rules do not create a right to have the specified action taken within the time limits. The time limits are directory, and the failure to meet them does not preclude taking the specified action beyond the time limits.
(b) Definitions. The rules and regulations contained in this division are used by the Narcotic Addict Evaluation Authority and California Department of Corrections. The following is a definition of words commonly used by these agencies.
Addenda. Files containing information regarding an individual case presented to the NAEA.
Adverse Witness. A person who has given information against a resident or releasee at a hearing described in this division.
Agent. Agent of Record.
Annual Review. A hearing conducted by the Board to determine the advisability of releasing to outpatient status an inpatient who has not been certified for release consideration by the Director of Corrections or his designee within the preceding 12 months. (See Section 3151 of the Welfare and Institutions Code.)
Authority. See Narcotic Addict Evaluation Authority.
Board. See Narcotic Addict Evaluation Authority.
Board Action. An official decision of the Narcotic Addict Evaluation Authority in an individual case.
Calendar. A list of those individuals whose cases are scheduled to be heard by the Board.
CALPU. Civil Addict Legal Processing Unit.
CAP. Civil Addict Program.
C&PR. Classification and Parole Representative. The Department employee at the California Rehabilitation Center or branch thereof who has been assigned by the Director of Corrections to be the liaison with the Board.
Central File. A master file maintained by the Department of Corrections containing records regarding each person committed to its jurisdiction.
Chairman. The administrative head of the Board who is designated by the Governor pursuant to Welfare and Institutions Code Section 3150.
Civil Addict Parole. A period of parole after the Civil Addict has reached his Program Expiration Date. It may occur as follows:
w A release to parole independent of Board action when the civil addict reaches his Program Expiration Date.
w Release by the Board of a person who was on civil addict parole and returned to custody as an inpatient.
w An outpatient who reaches his Program Expiration Date while under supervision of P&CSD.
Civil Addict Parolee. A civil addict who is on parole status after having reached his Program Expiration Date per 3201(c) of the Welfare and Institutions Code and under the jurisdiction of the NAEA pursuant to Section 3201(c) of the Welfare and Institutions Code. Note: A civil addict can be both a parolee and releasee while in outpatient status if he has two commitments. To be designated as both, he must have two or more commitment cases and have reached his Program Expiration Date (PED) on at least one of the cases and not reached his PED on one of the other case(s).
Conditions of Release and/or Civil Addict Parole. The conditions under which a resident is released from the California Rehabilitation Center or branch thereof to outpatient supervision. The Conditions of Release are the conditions under which an inpatient is released to outpatient status by the Board before the Program Expiration Date. The Conditions of Parole are the conditions under which an inpatient is released to parole upon reaching the Program Expiration Date. The Conditions of Parole may also occur as follows: (1) When a civil addict parolee returns to custody as the result of a parole violation and is released by the Board following a period of time as an inpatient, or (2) when a person who is in outpatient status reaches his Program Expiration Date. This is called “rolling over to Civil Addict Parole.”
Counselor. A caseworker of the Department of Corrections who is assigned to supervise and provide counseling for civil addicts who are confined at the California Rehabilitation Center or branch thereof.
CRC. California Rehabilitation Center. (See Welfare and Institutions Code Section 3001.)
Cum Sum. Cumulative Case Summary: The permanent and cumulative summary of specific portions of the record maintained by the department regarding each civil commitment from reception to discharge.
Department. The Department of Corrections.
Director. Director of Corrections.
Director of Corrections. The administrative head of the Department of Corrections appointed by the Governor. (See Penal Code Sections 5050 and 5051.)
District Administrator. An administrator in the Parole and Community Services Division (P&CSD) with supervisory and managerial responsibilities.
DOP. A difference of opinion.
Field File. A working file maintained by a parole unit office containing information about an outpatient and his current outpatient status.
Friendly Witness. Any witness who is not an adverse witness.
Good Cause. A finding by a neutral hearing officer based upon a preponderance of the evidence that there is a factual basis and good reason for the decision made.
Hearing Officer. Any neutral person who is authorized to conduct a hearing.
Hold. A request that a releasee and/or parolee be held in custody until further notice. (See Section 5332.) A person under a hold is not eligible for release on bail.
Inpatient. A civil addict who is in the custody of the California Rehabilitation Center or branches thereof.
Institutional Appearance Evaluation Sheet. The form used to provide in writing a summary of the content and decisions made during release hearings, rescission hearings and annual reviews. Also known as the CDC Form 279.
Member. A member of the Narcotic Addict Evaluation Authority appointed by the Governor pursuant to Welfare and Institutions Code Section 3150.
NAEA. See Narcotic Addict Evaluation Authority.
Narcotic Addict Evaluation Authority. The authority of the Civil Addict Program as established by Section 3150 of the Welfare and Institutions Code.
Narcotic Authority. See Narcotic Addict Evaluation Authority.
OPS. Outpatient Status.
Oral Order of Release. A verbal order obtained from a single member of the Narcotic Addict Evaluation Authority which authorizes the release of an outpatient who has been taken into custody, or the release of an inpatient by the Board following a return hearing decision to vacate the return.
Oral Order of Return. A verbal order obtained from a single member of the Narcotic Addict Evaluation Authority which results in suspension of outpatient status and authorizes the Department of Corrections to return the person to the California Rehabilitation Center or branch thereof. (See Welfare and Institutions Code Section 3151 and 3201(c).)
Oral Order of Suspension-Releasee/Parolee-at-Large. A verbal order obtained from a single member of the NAEA which results in suspension of outpatient status and authorizes a person who has absconded from supervision to be retaken into custody.
Outpatient. A civil addict who is under the supervision of P&CSD and jurisdiction of the NAEA. An outpatient may be either a releasee or civil addict parolee or both. (See definition of releasee and civil addict parolee.) A person can be both when he has two or more cases. On one or more case(s) he has not reached his PED (releasee) and, on the other case(s), he has reached his PED (civil addict parolee).
Outpatient Status. A descriptive term for a person under supervision of the Parole and Community Services Division as opposed to inpatient status.
Parole Agent. See Agent of Record.
Parolee. A person who is released from the California Rehabilitation Center or branch thereof to P&CSD supervision in the community and is under the jurisdiction of the NAEA pursuant to Section 3201(c) of the Welfare and Institutions Code.
PAL. Parolee-at-Large. A civil addict parolee under the jurisdiction of the NAEA who has absconded from parole supervision and who has had his parole suspended by an official act of the Board.
P&CSD. Parole and Community Services Division, which is a division within the Department of Corrections.
P&CSD Hearing. A hearing conducted by the Board to consider pertinent information relative to individuals on outpatient status.
Prerescission Hearing. A hearing conducted to determine whether new information exists which warrants recommending the rescission of a release/parole date.
Prereturn Hearing. A hearing conducted for the purpose of determining whether there is probable cause to believe an outpatient (releasee or civil addict parolee) has violated the conditions of release/civil addict parole.
Probable Cause. A state of facts which would lead a person of ordinary caution and prudence to believe and conscientiously entertain a strong suspicion that the charges are true.
Program Expiration Date (PED): The release date calculation based on the term of commitment.
RAL. Releasee-at-Large. A releasee who has absconded from outpatient supervision.
Rap Sheet. The “state summary criminal history information” containing the arrest and dispositional information defined in Penal Code Section 11105 or FBI report containing arrest history.
Regional Parole Administrator. The administrator of a geographical region in the Parole and Community Services Division.
Release Hearing. A board hearing conducted to consider the advisability of releasing a person to outpatient status.
Releasee. A term used to describe a civil addict who has been released by the Narcotic Addict Evaluation Authority to Parole and Community Services Division supervision before reaching his Program Expiration Date as opposed to a civil addict parolee who is on parole after reaching his Program Expiration Date.
Relevant Evidence. Evidence which tends to prove or disprove an issue or fact in dispute.
Rescission Hearing. A hearing conducted by the Board to determine whether new information reported warrants the rescission of release of a civil addict to outpatient status.
Return Hearing. A hearing conducted following an outpatient's return to the California Rehabilitation Center or branch thereof to determine whether there is good cause to believe that the individual has violated the conditions of release and/or civil addict parole. In addition, the hearing officer shall consider any mitigating circumstances and make a recommendation to the NAEA regarding the disposition if good cause is found.
RUAP. Release upon approved plans.
Slough File. A file supplemental to the central file containing bulky or seldom needed records.
Special Conditions of Release/Civil Addict Parole. A condition which has been placed by the Board and is restricted to the individual.
Summary Prereturn Hearing. A hearing conducted to determine whether a conviction of a crime occurred, whether the conviction constitutes a violation of the conditions of release/civil addict parole and whether the individual was the person convicted of the crime.
Supervising Agent. An employee or any of his supervisors in the Department of Corrections who is assigned to supervise civil addicts released to the supervision of the Parole and Community Services Division as an outpatient.
Subpoena. A means to secure the attendance of a witness at a return or rescission hearing.
Subpoena Duces Tecum. A means to secure the delivery of documentary evidence to a return or rescission hearing.
Unit Supervisor. A supervisor of case-carrying agents in the Parole and Community Services Division.
Warden. Warden of the California Rehabilitation Center, a branch thereof, or California Department of Corrections institution.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and Sections 3000 et seq., 5050, 5051 and 6050, Penal Code.
HISTORY
1. New Division 5 (Sections 5000-5502, not consecutive) filed 12-29-78 as an emergency; designated effective 1-1-79 (Register 78, No. 52).
2. Certificate of Compliance filed 3-9-79 (Register 79, No. 10).
3. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
4. Editorial correction filed 1-5-83 (Register 83, No. 2).
5. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
6. Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 2. Organization and Composition
Note • History
The purpose of the Civil Addict Program is to provide treatment and control of persons addicted to narcotics or who by reason of repeated use of narcotics are in imminent danger of becoming addicted.
(a) Narcotic Addict Evaluation Authority. When a new commitment or outpatient, who has been returned to the California Rehabilitation Center or branch thereof, shows significant progress as a result of inpatient treatment and demonstrates the potential to abstain from narcotic drug use, the Director of Corrections or his designee certifies this fact to the Narcotic Addict Evaluation Authority. Upon any such certification, or in the anniversary month of an individual who has not been certified within the preceding twelve months (Annual Review), the Narcotic Addict Evaluation Authority conducts a hearing to consider the advisability of releasing the person to outpatient status subject to all the rules and regulations adopted by the Narcotic Addict Evaluation Authority, and subject to all conditions imposed by the Narcotic Addict Evaluation Authority. In addition, the Narcotic Addict Evaluation Authority considers the cases of outpatients who violate their conditions of release/parole and determines whether or not an individual should be returned to the California Rehabilitation Center or branch thereof. (See Welfare and Institutions Code Sections 3150, 3151 and 3201(c).) Pursuant to Welfare and Institutions Code Section 3200 the Narcotic Addict Evaluation Authority also considers the cases of individuals who have successfully completed their outpatient program and either discharges the person or recommends discharge to the court of commitment depending on the section of the Welfare and Institutions Code the person was committed under. Pursuant to Penal Code Section 3001 the Board also reviews the case of any individual who has been on continuous civil addict parole for one year or sixteen months including continuous outpatient supervision, whichever occurs first, for the purpose of determining whether the person should be discharged. In the event the individual serves a combination of release and civil addict parole status, the Discharge Review Date (DRD) will be consistent with the DRD calculation per W&I Code 3200 (i.e., if commitment is 24 months or less, the individual will be considered for discharge after one year of cumulative outpatient and parole status without interruption. If commitment is more than 24 months, the individual will be considered for discharge after 16 months of cumulative release and civil addict parole status without interruption.) In the event the person is discharged from civil addict parole, the person shall be referred by the Director of Corrections to the committing court for further proceedings on the original criminal conviction.
(b) Director of Corrections. The Director of Corrections is the chief administrative officer of the Department of Corrections and is responsible for administering the Civil Addict Program. (See Welfare and Institutions Code Sections 3000-3009 regarding the administration and purpose of the Civil Addict Program.)
(c) Inpatient Program. The narcotic detention, treatment and rehabilitation facility's principal purpose is the receiving, control, confinement, employment, education, treatment and rehabilitation of persons committed to the Civil Addict Program. This facility is known as the California Rehabilitation Center. In addition, the Welfare and Institutions Code provides for the establishment of branches at the discretion of the Director of Corrections.
(d) Outpatient/Supervision. The Parole and Community Services Division of the Department of Corrections is responsible for supervising all outpatients under the jurisdiction of the Narcotic Addict Evaluation Authority and performing such other duties as may be specified by the Board and agreed to by the Director or his designee.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3000-3009, 3150, 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code; and Sections 3000, 3001, 5050, 5051 and 11105, Penal Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsections (a) and (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5006. Cooperative Relationship.
Note • History
There is a cooperative relationship between the Director and the Board. Each may advise and make recommendations to the other on specific policies and procedures relating to the duties of the other.
(a) Records. The Director shall keep complete case records of all individuals committed to the Civil Addict Program. These records shall be made available to the Board at such time and in such form as the Board may prescribe.
(b) Facilities and Services. The Narcotic Addict Evaluation Authority shall maintain its headquarters at the California Rehabilitation Center and shall be provided with necessary office space, equipment and services from funds appropriated to the California Rehabilitation Center or the Department of Corrections.
(c) Agreement by Chairman. The Chairman, with the consent and on behalf of the Board, is authorized to make any agreements with the Director and/or his designated staff as may be advisable to carry out the functions of the Board.
NOTE
Authority cited: Sections 3000, 3001, 3150 and 3150(c), Welfare and Institutions Code. Reference: Section 1300 et seq., Government Code; and Section 3303, Welfare and Institutions Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5007. Composition of the Narcotic Addict Evaluation Authority.
Note • History
The Narcotic Addict Evaluation Authority consists of seven members, including the Chairman, who are appointed by the Governor.
NOTE
Authority cited: Section 3150, Welfare and Institutions Code. Reference: Section 3150(a), Welfare and Institutions Code.
HISTORY
1. New section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26). For prior history, see Register 83, No. 2.
Note • History
The Chairman shall be the administrative head of the Narcotic Addict Evaluation Authority and shall exercise all duties and functions necessary to ensure that the responsibilities of the Board are successfully discharged. In addition to these administrative duties, the Chairman is a fully voting member of the Board.
NOTE
Authority cited: Section 3150(a), Welfare and Institutions Code. Reference: Section 1300 et seq., Government Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5009. Administrative Officer/Hearing Representative.
Note • History
The administrative Officer/Hearing Representative of the Narcotic Addict Evaluation Authority is appointed by the board to carry out the following duties:
(a) Management. Manage the day-to-day operation of the board.
(b) Appeals Examiner. Investigate appeals, adjudicate appeals in accordance with policies established by the Board, and/or submit appropriate recommendations to the Board.
(c) Hearing Representative. Conduct hearings and propose actions on cases heard subject to final decision by the Board in accordance with policies established by the Board.
(d) Public Meetings and Hearings. Assure all legally required notices of public meetings and hearings are properly announced.
(e) General. Perform such other duties as are required.
NOTE
Authority cited: Section 3150(e), Welfare and Institutions Code. Reference: Sections 3151 and 3304, Welfare and Institutions Code.
HISTORY
1. Amendment of first paragraph and subsections (b) and (c) and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5010. Delegation of Functions.
Note • History
The Board with the concurrence of the Director may delegate to the Director appropriate functions not restricted by law only to members of the Narcotic Addict Evaluation Authority.
NOTE
Authority cited: Sections 3000, 3001, 3150(d), Welfare and Institutions Code. Reference: Section 3150, Welfare and Institutions Code.
HISTORY
1. Amendment of section heading and section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 3. Policy Making Procedures
Note • History
Individual case consideration hearings shall be closed to the general public except in accordance with the Information Practices Act of 1977 and as authorized by the chairperson or the chairperson's designee.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 1798 et seq., Civil Code; and Section 11120, Government Code.
HISTORY
1. Repealer and new section filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§5051. Administrative Directive.
Note • History
(a) General. An Administrative Directive is a communication from the Chairman concerning any information the Chairman feels should be disseminated. An Administrative Directive may be signed by the Chairman, Vice-Chairman or the Administrative Officer.
(b) Internal Communications. The Administrative Directive may be used for the following internal communications:
(1) Information concerning personnel changes, court decisions and other information which does not change policy.
(2) Changes in forms and instructions regarding the use and distribution of forms.
(3) Changes in procedures which are internal, or are not of statewide application, or are of limited duration.
(c) Emergency Rules. The Administrative Directive may be used to implement emergency rules which are adopted under the emergency provisions of the Administrative Procedure Act.
NOTE
Authority cited: Sections 3150(d) and 3156, Welfare and Institutions Code. Reference: Sections 11340 and 11349.6, Government Code.
HISTORY
1. Amendment of subsections (a) and (c) and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 4. Public Participation
Note • History
Public comments are encouraged. Written statements or correspondence received shall be taken into consideration by the Board in individual cases.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3151 and 3152, Welfare and Institutions Code.
HISTORY
1. Repealer and new section filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 3).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Chapter 2. Hearings
Article 1. General
Note • History
The Chairperson shall assign individual members to make the following types of case decisions:
(a) Release Decisions. Individual case decisions regarding release, postponement or rescission of release shall be made by the Board at hearings which are ordinarily held at the California Rehabilitation Center or branch thereof.
(b) P&CSD Decisions. Individual case decisions involving the review of an outpatient's behavior shall be made by the Board on the basis of a report from P&CSD staff as well as any other relevant information which may be submitted.
(c) Return Decisions. Individual case decisions regarding the return of an outpatient to the California Rehabilitation Center or branch thereof shall be made by the Board on the basis of a report from the staff of the Civil Addict Legal Processing Unit as well as any other relevant information submitted unless a return hearing has been waived by the individual.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3150(d), 3151 and 3152, Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The Chairperson may assign a hearing officer to hear cases and make recommendations to the Narcotic Addict Evaluation Authority. Such recommendations shall be made in accordance with policies established by a majority of the total membership of the Narcotic Addict Evaluation Authority.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 11152, Government Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
An official decision regarding an individual case requires the approval of at least two board members. Whenever a tie vote occurs, the Chairman shall cast the tie-breaking vote. If a tie vote occurs on a panel of two consisting of the Chairman and another board member, the Vice-Chairman or the senior member shall be called upon to break the tie. If a tie vote occurs and the Chairman is absent, the Vice-Chairman or the senior member shall break the tie.
NOTE
Authority cited: Section 3150(d), Welfare and Institutions Code. Reference: Section 5000, Penal Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
Actions taken by the Board are considered final. However, this does not preclude the individual from filing an appeal in accordance with Chapter 4 of these rules. In addition, the Board may reconsider a case in the event the Warden or Regional Parole Administrator finds new information which warrants resubmission of the case.
NOTE
Authority cited: Sections 3150(d), 3151 and 3152, Welfare and Institutions Code. Reference: Section 3305.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The official record of a case decision is the document on which the decision is recorded. These records shall be maintained according to procedures established by the department.
NOTE
Authority cited: Section 2081.5, Penal Code. Reference: Section 2081.5, Penal Code.
HISTORY
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5105. Visitors and Observers.
Note • History
Visitors and observers shall not be allowed to attend NAEA hearings except in accordance with the Information Practices Act of 1977 and as authorized by the Chairman or the Chairman's designee.
NOTE
Authority cited: Section 2081.5, Penal Code. Reference: Section 2081.5, Penal Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 2. Release Decisions
Note • History
The Board shall consider for release to outpatient status those individuals who meet the following criteria:
(a) Certified. Any individual (whether a new commitment to the Civil Addict Program, or an outpatient (releasee or civil addict parolee) returned as a result of violating his conditions of release/parole) who has been certified by the Director or the Director's designee as having recovered from his addiction or imminent danger of addiction to such an extent that in the opinion of the Director or the Director's designee release in outpatient status is warranted. (See Welfare and Institutions Code Sections 3151 and 3201(c).)
(b) Annual Review. Any new commitment, or outpatient who has been returned to the California Rehabilitation Center or branch thereof and who has not been certified to the Board for release consideration within the preceding 12 months. (See Sections 3151 and 3201(c) of the Welfare and Institutions Code.)
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5126. Factors to Be Considered.
Note • History
Each case shall be judged on its individual merit, without prejudice. In deciding whether to release an individual to outpatient status the Board shall consider all relevant factors.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal. 3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5127. Personal Appearance by Individual.
Note • History
The individual shall be present at any Board deliberation regarding release with the following exceptions:
(a) The individual represents a security risk;
(b) The individual is unable to appear because of a medical or psychiatric condition or any other compelling reason;
(c) The individual's case is being presented as an annual review and the case is in referral status; that is, the individual's release plans are being investigated by the P&CSD prior to certification to the Board for release consideration. Once the case has been investigated, the person shall be referred to the NAEA for release consideration regardless of whether the case has been certified.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsection (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5128. Attendance of Counselor at Hearings.
Note • History
The counselor with the approval of the Board may attend release hearings concerning individuals on his caseload for the purpose of providing new information which may have developed since the completion of the referral to outpatient status or parole, clarifying any information in the file or assisting in answering questions which may arise concerning the individual or institutional policy.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5129. Role of Institution Representative at Hearings.
Note • History
The institution shall provide a staff representative who shall be responsible for completing the Institutional Appearance Evaluation Sheet and insuring that proper board room decorum is maintained. This person shall also act as the liaison between the Board and the institution relative to the hearings.
NOTE
Authority cited: Section 3150(d), Welfare and Institutions Code. Reference: Section 3304, Welfare and Institutions Code.
HISTORY
1. Amendment of section heading and section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The following are the most commonly used actions which may be taken by the Board regarding release to outpatient status:
(a) Release Granted Upon Approved Plans. This action authorizes the individual's release to outpatient status which will normally occur within seven days of the Board's action.
(b) Release Postponed. This action indicates the Board's judgment that the individual is not yet ready for release to outpatient status. The case shall be reconsidered upon recertification or Annual Review. (See Section 5125.)
(c) Off Calendar. This action delays the decision pending the receipt of specific information requested by the Board.
(d) Release Granted Effective (date). This action is taken when the Board has reason to specify a future date of release.
(e) Release Granted on or Before (date). This action specifies a time limit for release but allows for earlier release if conditions stipulated by the Board are met. These conditions shall be documented on the Institutional Appearance Evaluation Sheet.
(f) Release Granted Upon Approved Plans Subject to Hold. This action is taken when the Board approves the individual's release to outpatient status but a hold or detainer has been placed by another agency. If the detainer has not been removed or the other agency does not assume custody of the individual within 30 days of the Board's release action, the individual shall be rescheduled for a personal appearance before the Board for further determination.
(g) Defer Until Personal Appearance. This action is taken when an individual's case is being presented as an annual review in absentia and the case has been referred to the Parole and Community Services Division for investigation of the release plans.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 10 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5131. Advisement of Release Decision.
Note • History
At the time of any hearing regarding release, the Board shall advise the individual of its decision and the reasons for the decision. If the Board postpones release, the decision and the reasons for the decision shall be documented on the Institutional Appearance Evaluation Sheet, and a copy shall be given to the individual as soon as possible after the hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code; and In Re Sturm, 11 Cal. 3d 258 (1974).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§5132. Warden's Authority to Delay Release.
Note • History
If an individual whom the Board has approved for release to outpatient status subsequently becomes involved in a disciplinary infraction as outlined in Section 5151, the Warden, with the approval of a Board member, may detain the person for up to 45 days (absent a referral to the District Attorney which may take longer) after the authorized release date for the purpose of completing the CDC disciplinary process.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5133. Reconsideration of Board Orders.
Note • History
Occasionally, circumstances develop which warrant reconsideration of a case by the members of the Narcotic Addict Evaluation Authority following a release or other action being taken. If, in the opinion of the Warden, the facts are such that the Narcotic Addict Evaluation Authority should reevaluate the case, the individual shall be scheduled for a personal appearance before the Board for further consideration. If a personal appearance is precluded under Section 5127(b), the Board shall consider the new information without the presence of the individual. However, in any reconsideration which may result in a rescission of a release date and has the effect of a postponement as a result of conduct enumerated under Section 5151, the provisions listed in Sections 5152 through 5156 shall apply.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 3. Rescission of Release Proceedings
Note • History
The release of an individual may be rescinded for good cause at a rescission hearing. Rescission proceedings refer to any proceedings which may result in the delay or rescission of a release date.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§5151. Reportable Information.
Note • History
If, after an individual is granted release by the Board, the Warden becomes aware of conduct in the institution or of new information before the individual is released to outpatient status which may warrant rescission of release, the Narcotic Addict Evaluation Authority will be notified and preparations for release are suspended pending investigation or disciplinary process.
The following shall be reported to the Board:
(a) Disciplinary Conduct. Any disciplinary behavior will be reported to the Board.
(b) Any new information which indicates that release should not occur, including refusal to sign the conditions of release or parole shall be reported to the Board.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5152. Narcotic Addict Evaluation Authority Prerescission Hearing.
Note • History
A civil addict whose release to the Parole and Community Services Division has been granted by the Board, and who receives a Rules Violation Report (CDC 115) or new information affecting his approved release plans, will be reported to the Narcotic Addict Evaluation Authority by the C&PR. He will be served with a Notice of Rights form by a designated representative of the Department of Corrections.
If the civil addict waives his rights to a Prerescission Hearing on the Notice of Rights form, he will await the outcome of the Department of Corrections disciplinary process or investigation of the new information. If the civil addict exercises his rights to a Prerescission Hearing, the matter will be referred to the Civil Addict Legal Processing Unit whose staff will be responsible for scheduling a Prerescission Hearing. Whether the civil addict requests a Prerescission Hearing or waives his right to a hearing, the Rules Violation Report (CDC 115) will be processed in accordance with Department of Corrections regulations. Every effort will be made to expedite processing the Rules Violation Report or new information.
The processing after dismissal, not guilty, and guilty findings are delineated in Sections 5154 and 5155 in this regulation.
(a) Upon notice that the civil addict requested a Prerescission Hearing, the Civil Addict Legal Processing Unit will set the date and time of the hearing, and determine whether an attorney or witness(es) will be required. This hearing will normally be held within ten working days.
(b) Purpose. The Hearing Officer shall determine whether there is good cause to support the charge and shall prepare a recommendation for disposition.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The individual shall have the following rights at a Prerescission Hearing:
(a) Notification of the Charges and Supporting Evidence. Prior to the hearing the individual shall receive a copy of the charges and any supporting evidence unless designated confidential.
(b) Notice of the Hearing. The individual shall be given sufficient notice of the time and place of the hearing.
(c) Attorney. The individual shall have the right to request the assistance of an attorney. (See Section 5207(b).)
(d) Witnesses. The individual shall have the right to request the presence of friendly and/or adverse witnesses at a Prerescission Hearing. Witnesses shall be screened under the procedures of Section 5206(b). If denied, the specific reasons for denial shall be documented and a copy of the document given to the individual. During the hearing the individual has the right, under the direction of the Hearing Officer, to question all witnesses.
(e) Neutral Hearing Officer. The individual has the right to a hearing before a neutral hearing officer.
(f) Findings and Disposition. At the conclusion of the hearing, before the person is excused, the individual shall be advised of the findings and the disposition of the charge. In addition, the individual shall be provided with a written statement of the findings and recommended disposition and the evidence relied upon to support the conclusions reached as soon as possible after the hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of first paragraph and subsection (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5154. Procedures After Dismissal or Not Guilty.
Note • History
If the charges against the individual are dismissed or if the individual is found not guilty of the charges, the individual shall be released in accordance with the action taken by the Board at the release hearing. If the prerescission hearing results in the individual being overdue for release, the individual shall be released without undue delay but no later than the following working day. The C&PR will notify the Board of the decision.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5155. Procedures After a Finding of Guilt.
Note • History
In the event a finding of guilt is made, the individual shall be scheduled for a rescission hearing before the Board for further consideration and disposition regarding release on the next available calendar.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Note • History
(a) Scheduling. Upon a finding of good cause at a prerescission hearing, the individual shall be scheduled for a personal appearance at a rescission hearing conducted by the Board. If a personal appearance is precluded under Section 5127 (b), the Board shall consider the case without the presence of the individual.
(b) Purpose. The Board shall review the findings and recommendation of the prerescission hearing officer and make a final decision regarding disposition.
(c) Board Determination. The Board may rescind, amend, grant or postpone release.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Article 4. Outpatient/Civil Addict Parolee Decisions
Note • History
Each person committed to the Civil Addict Program and released to outpatient status shall be supervised by the Parole and Community Services Division. The Parole and Community Services Division shall submit a written report to the Board regarding any violation of the conditions of release/civil addict parole (except for minor traffic offenses which do not result in arrest), or any situation requiring an action listed in Section 5171 below. The Board shall review these reports and render an official decision after considering all of the relevant factors.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151 and 3152, Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of article heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The following is an explanation and list of the most common actions taken by the NAEA:
(a) Continue on Outpatient Status. This action is taken when the Board does not find sufficient reason to believe the outpatient has violated the conditions of release/parole. In addition, the Board may take this action if it finds the violation to be minor. This action does not affect the time credited toward either the period of commitment or the amount of time required for discharge consideration under Section 3200 of the Welfare and Institutions Code or Section 3001(a) of the Penal Code.
(b) Suspend-Reinstate. This action is taken when a violation has occurred and has the following effects:
(1) Interrupts the consecutiveness of outpatient status resulting in the forfeiture of any time accrued toward early discharge consideration under Section 3200 of the Welfare and Institutions Code and/or Section 3001(a) of the Penal Code, and
(2) Specifies an effective date of reinstatement which starts a new outpatient period toward early discharge consideration under Section 3200 of the Welfare and Institutions Code and/or Section 3001(a) of the Penal Code.
(c) Suspend-Return. This action is taken when a violation has occurred and authorizes an outpatient's return to inpatient status pending either good cause being found at a return hearing or the outpatient's waiver of the right to the hearing. This action is effective on the date of the official Board action and nullifies all time accrued toward early discharge consideration under Section 3200 of the Welfare and Institutions Code and/or Section 3001(a) of the Penal Code.
(d) Suspend-Releasee-at-Large and/or Civil Addict Parolee-at-Large. This action shall be taken when a releasee/parolee absconds from supervision and shall reflect the date of the first missed test or the date the agent determines the individual's whereabouts is unknown, whichever occurs first. It nullifies all time accrued toward early discharge consideration and stops the time being credited toward the expiration of commitment.
(e) Remove Releasee-at-Large/Civil Addict Parolee-at-Large Status. This action shall be taken when a releasee/parolee who has been declared a releasee and/or a parolee-at-large is returned to supervision by the Parole and Community Services Division, is arrested, taken into custody, or voluntarily surrenders to the California Rehabilitation Center or a branch thereof. Time elapsed between the date of suspension and the removal of at-large status shall be considered “dead time” and shall be added to the period of commitment.
(f) Continue/Confirm/Vacate Oral Order. The Board shall taken an official action on any oral order (see Definitions and Section 5173) which has been granted by an individual Board member.
(1) The Board shall continue the oral order for a subsequent final action under the following circumstance:
(A) A written violation report has not been submitted for consideration of the Board on the next available P&CSD Calendar;
(2) The Board shall confirm the oral order when upon review of the violation report the Board concludes that return to inpatient status is warranted pending good cause being found or the individual waives his hearing. The date of the oral order is the effective date of the action.
(3) The Board shall vacate the oral order if upon review of the violation report it decides return to the California Rehabilitation Center or branch thereof is not warranted.
(g) Special Conditions of Release and/or Civil Addict Parole. The Board may add, delete or modify any special condition of release/parole. Additional or modified conditions of release become effective when the releasee/parolee is notified of the action taken by the Board.
(h) Return Order Sustained. This action shall be taken following a suspend-return action, or the Board has taken an action confirming the oral order of return pending good cause and after a return hearing has been conducted in which good cause is found to believe the person violated the conditions of release/parole and return is warranted.
(i) Vacate Return Order and Any Loss of Time Reinstated. This action shall be taken following a return hearing in which good cause is not found to believe the person violated the conditions of release and/or civil addict parole.
(j) Vacate Return Order. Suspend-Reinstate in Outpatient Status. This action shall be taken following a return hearing in which good cause is found to believe the person has violated the conditions of release/parole, but, in considering mitigating circumstances, return to the California Rehabilitation Center or branch thereof does not appear to be warranted.
(k) Participation in Methadone Maintenance Program Approved. With the approval of the Department of Corrections and the Narcotic Addict Evaluation Authority, a releasee/parolee may participate in a methadone maintenance project. Participation in a methadone maintenance project shall not be construed to break the abstention from the use of narcotics for the purpose of Section 3200 of the Welfare and Institutions Code. (See Section 5311 which sets forth the criteria established by the Authority for participation in a methadone maintenance program.)
(l) Recommend Discharge per Welfare and Institutions Code Section 3200. This action shall be taken if the Authority concurs in the opinion of the Director that the person while in outpatient status has abstained from the use of narcotics and otherwise complied with the Conditions of Release for the period of time prescribed under Welfare and Institutions Code Section 3200.
(m) Discharge From Parole per Penal Code Section 3001(a). Refer to Committing Court Per W & I Code Section 3201(c). This action shall be taken if the Narcotic Addict Evaluation Authority concludes, after reviewing the reports submitted by the Parole and Community Services Division, that the person while on civil addict parole has abstained from the use of narcotics and complied with the conditions of parole for twelve months.
Discharge of cases that have abstained from the use of narcotics and complied with the Conditions of Release and Parole cumulatively shall be referred to the committing court after 12 months if the commitment is 24 months or less and after 16 months if commitment is more than 24 months (Per Penal Code Section 3200b).
Note: Conditions of release and civil addict parole are cumulative when the person is released to outpatient status, rolls over to civil addict parole and remains under supervision of P&CSD absent a suspend/reinstate action or return to custody as an inpatient by the Board during the entire period.
(n) Rescind or Amend Previous Action Taken by the Board. Only the Board may rescind or amend an action previously taken by the Board.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152, 3154, 3200 and 3201(c), Welfare and Institutions Code; Sections 3000(a) and 3001(c), Penal Code; and In Re Bye, 12 Cal. 3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
Upon review of a report submitted by the Parole and Community Services Division, the Board may defer action pending receipt of information which it deems essential to its decision.
NOTE
Authority cited: Section 3152, Welfare and Institutions Code. Reference: Section 3150, Welfare and Institutions Code; and Section 5000, Penal Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
Section 3151 of the Welfare and Institutions Code specifies that a single member of the Narcotic Addict Evaluation Authority may by written or oral order suspend the release of a civil addict who is on outpatient status and cause him to be retaken until the next meeting of the Narcotic Addict Evaluation Authority. In addition, pursuant to Board policy, a member may grant oral orders of release and emergency at large status.
(a) Oral Order of Return. Once a Board member issues an oral order of return, the releasee/parolee shall be returned to the California Rehabilitation Center or any branch thereof without undue delay.
(b) Oral Order of RAL/PAL. If circumstances warrant, an oral order of releasee-at-large and/or civil addict parolee-at-large may be obtained from a single member of the Board. This order shall be grounds for apprehending the individual. Following apprehension, if immediate action is necessary, a Board member may be contacted for an appropriate order until the next meeting of the Narcotic Addict Evaluation Authority. A Wanted Persons System Notification should be submitted with the report to CRC Records to be reviewed by the Board on the Parole and Community Services Division Calendar.
(c) Oral Order of Release. In the event an outpatient is arrested by local law enforcement and the Parole and Community Services Division determines the circumstances do not warrant confinement pending adjudication of the criminal charges or return to the California Rehabilitation Center or branch thereof, or an individual who has been returned to the California Rehabilitation Center is found not guilty of the charges at a return hearing, a Board member shall be contacted for an oral order of release. If the oral order is granted, the hold shall be removed to facilitate the individual's release without delay. If the oral order is denied, the hold shall be maintained pending review of the violation report on the next available P&CSD Calendar.
An oral order of release by a single Board Member cannot supersede a return order that was authorized by two Board Members on a Parole and Community Services Division Calendar. A recommendation to rescind a previous return order requires a supplemental report to the Board for review on a subsequent P&CSD calendar.
NOTE
Authority cited: Section 3151, Welfare and Institutions Code. Reference: Section 3150, Welfare and Institutions Code; and Sections 81 and 82, CAL Jun 3d Incompetent, Addicted and Disordered Persons.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5174. Reconsideration of Board Orders.
Note • History
The Regional Parole Administrator of the Parole and Community Services Division or a designee may request a single member to stay a Board order pending consideration of a report containing information which was not available at the time the initial decision was made. P&CSD shall in no case remove a hold on an outpatient ordered returned to inpatient status unless the Regional Parole Administrator or a designee first obtains the approval of a Board member.
NOTE
Authority cited: Section 3152, Welfare and Institutions Code. Reference: Section 3150, Welfare and Institutions Code; Section 3300 et seq., California Rehabilitation Center; and Section 5500, Penal Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5175. Advising of Reasons for Return.
Note • History
If the Board orders an outpatient returned to inpatient status, the reason for the action shall be included on the official board order, and a copy shall be given to the person.
NOTE
Authority cited: Section 3152.5, Welfare and Institutions Code. Reference: Similar provisions respecting parolee, Section 1767.6.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000, Penal Code.
HISTORY
1. Renumbering and amendment of Article 5 (Sections 5200-5212) to Article 6 (Sections 5200-5212) and new Article 5 (Sections 5180-5185) filed 12-7-82; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 5 (Sections 5180-5185) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 5 (sections 5180-5185), and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152, 3154 and 3201(c), Welfare and Institutions Code; and Sections 3000(a) and 3001(a), Penal Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3152, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201, Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5184. Reconsideration of Board Orders.
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5185. Advising of Reasons for Return.
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 5. Return Decisions
Note • History
The Board shall retain the authority to order an outpatient returned to the California Rehabilitation Center or branch thereof. However, by agreement with the Director of Corrections, the Board may delegate to the Director the responsibility as described in this article to conduct hearings to determine whether or not there is good cause regarding any alleged violations and to present the findings of these hearings to the Board for final disposition.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Renumbering and amendment of former Article 5 (Sections 5200-5212) to Article 6 (Sections 5200-5212) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 6 (Sections 5200-5212) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 5 (sections 5180-5185), renumbering of former article 6 to article 5, and amendment of section 5200 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5201. Reportable Information.
Note • History
The Parole and Community Services Division shall submit to the Board a report of any violation of the conditions of release/parole as specified in Section 5351 and in accordance with the time frames set forth in procedures established by the Director of Corrections and agreed to by the NAEA.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000 et seq., Penal Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note
The types of hearings conducted for outpatients and parolees are as follows:
(a) Return hearing.
(b) Prereturn hearing.
(c) Summary prereturn hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; Section 3000 et seq ., Penal Code; In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); and In Re LaCroix, 12 Cal.3d 146 (1974).
§5203. Administrative Nature of Hearings.
Note
The hearings are administrative proceedings. Therefore, courtroom standards for evidence and proof do not strictly apply.
(a) Evidence. All noncumulative evidence relevant to the violation charges and the disposition is admissible, including hearsay.
(b) Standard of Proof. A preponderance of evidence is sufficient for a finding of good cause at a return hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); and In Re Dunham, 16 Cal.3d 63, 67 (1976).
Note • History
An outpatient who is ordered returned to the California Rehabilitation Center or branch thereof shall be entitled to the following:
(a) Written notice of rights relative to return proceedings;
(b) Written notice of the claimed violations;
(c) Disclosure of evidence considered by the Board in support of the charges (including a copy of any pertinent police, arrest or crime report as required by Section 3152 of the Welfare and Institutions Code) unless the evidence is designated confidential;
(d) A prompt return to the California Rehabilitation Center or a branch thereof for treatment and control following apprehension and/or adjudication of any criminal charges;
(e) A return hearing to be conducted promptly after the individual is returned to the California Rehabilitation Center or branch thereof;
(f) To request witnesses and/or representation by an attorney, subject to approval of the Board or its designated representative;
(g) The opportunity to be heard in person and to present witnesses and documentary evidence;
(h) To confront and cross examine adverse witnesses unless the hearing officer specifically finds good cause for not allowing confrontation;
(i) To be heard by a neutral hearing party;
(j) Notification of the time and place of the hearing, allowing sufficient time to prepare a defense and notify supporting witnesses;
(k) A written summary of the hearing, including the findings and the evidence relied upon for the findings.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment of section heading, first paragraph and subsection (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5205. Confidential Information.
Note
No decision shall be based upon information that is not available to the person charged with a violation unless the information has been designated confidential.
(a) Reliability. The reliability of confidential information to be used shall be established to the satisfaction of the hearing officer. A finding of reliability shall be documented by the hearing officer. A hearing may be continued to establish the reliability of the information or to request the Director to designate the information as nonconfidential.
(b) Documentation. If confidential information affects a decision, the individual shall be notified of the general nature of that information and the reasons for its being held confidential.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Olson, 37 Cal. App. 3d 783 (1974); and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
Note • History
(a) Request. A witness may be requested by the person charged, the hearing officer or departmental staff.
(b) Screening. The Board or its designated representative shall screen the list of potential witnesses and may decide not to call any witness whose testimony is clearly irrelevant or cumulative. Prior to the hearing the person charged with the violation shall be notified of any decision not to call a witness requested and of the reasons for the decision.
(c) Notification. Parole and Community Services Division shall be advised of each adverse witness to be called for the hearing, and Parole and Community Services Division shall notify the witness of the time and place of the hearing. The individual charged with the violation shall be responsible for notifying any other witnesses.
(d) Confidential or Fearful Witness. An adverse witness who is designated confidential or who refuses to attend a hearing for fear that his attendance or the revealing of his identity would threaten his safety shall be interviewed prior to the hearing. The witness' testimony and the reasons for his fear or for the confidential designation shall be documented. In addition, a determination shall be made as to whether there is good cause to excuse the witness' attendance, and the reasons for the decision shall be documented.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment of subsection (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5207. Attorney Representation.
Note • History
(a) Request. A person ordered returned to the California Rehabilitation Center or branch thereof has the right to request representation by an attorney at a prereturn or return hearing. If attorney representation is granted and the inpatient is unable to pay for such representation, it will be provided by the state.
(b) Determination. The person designated to make a determination of an individual's request for counsel shall review the reasons for the request, review the violation report, interview the person charged and then determine whether to approve the request. A request shall be approved if the person charged needs the assistance of counsel in order to be treated in a fundamentally fair manner in view of the charges brought and the individual's ability to respond adequately to those charges. Generally, such a request shall be approved if the person charged has a colorable (plausible) claim that he did not violate the conditions of release or if there are substantial mitigating circumstances. However, in every case these factors shall be weighed against the person's ability to present his own case.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); In Re Love, 11 Cal.3d 179 (1974); and Gagnon v. Scarpelli, 411 U.S. 778 (1973).
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Circumstances. A releasee or parolee who is in custody under a hold and is undergoing prosecution on criminal charges shall be eligible for a prereturn hearing unless there has been an adequate substitute as defined in subsection (b) below.
(b) Adequate Substitute for Prereturn Hearing. A prereturn hearing shall be deemed not necessary if any of the following occurs:
(1) Felony Charges Pending.
(A) A criminal preliminary hearing at which probable cause is found, providing the person has been given notice prior to the criminal preliminary hearing that the preliminary hearing will act as a substitute for a prereturn hearing.
(B) Waiver of the criminal preliminary hearing, providing the person has been given notice prior to the waiver that such a waiver will act as a waiver of a prereturn hearing. (If the person waives the timeliness of the criminal preliminary hearing, such waiver shall also serve as a waiver of the timeliness of the prereturn hearing providing the person has been given prior notice.)
(2) Misdemeanor Charges Pending. A court conviction which occurs within thirty calendar days of the placing of the hold, providing the person has been given notice that a conviction will act as a substitute for the prereturn hearing.
(c) Purpose. The hearing officer shall determine whether or not there is probable cause to believe the outpatient or parolee violated the conditions of release or conditions of parole.
(d) Location. The hearing shall be held at a location near where the violation is alleged to have occurred.
(e) Results.
(1) If the hearing officer finds probable cause to believe the outpatient violated the conditions of release/parole, the Parole and Community Services Division may retain the person in custody under the hold pending adjudication of the criminal charges.
(2) If probable cause is not found, the hearing officer shall so advise the Parole and Community Services Division, and the hold shall be removed immediately.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re LaCroix, 12 Cal.3d 146 (1974).
HISTORY
1. Amendment of subsection (e)(1) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5209. Summary Prereturn Hearing.
Note • History
(a) Circumstances. An outpatient or parolee who is convicted of any criminal offense and did not receive a prereturn hearing for which he was eligible under Section 5208 shall be eligible for a summary prereturn hearing if he cannot be promptly returned to the California Rehabilitation Center or branch thereof.
(b) Purpose. The hearing shall determine the following:
(1) Whether a criminal conviction did in fact occur;
(2) Whether the conviction constituted a violation of the conditions of release/civil addict parole; and
(3) Whether the individual was in fact the person convicted.
(c) Location. The hearing shall be held at a location near where the violation is alleged to have occurred.
(d) Results.
(1) If the finding is that the outpatient was convicted of a criminal offense and the conviction constituted a violation of the conditions of release/parole, the releasee/parolee shall be returned to the California Rehabilitation Center or any of its branches as soon as the person becomes available.
(2) If the finding is otherwise, the hearing officer shall so advise the Parole and Community Services Division for further evaluation.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975; and In Re LaCroix, 12 Cal.3d 146 (1974).
HISTORY
1. Amendment of subsections (a), (b)(2) and (d)(1) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Circumstances. An outpatient who is ordered returned to the California Rehabilitation Center or branch thereof shall have the right to a prompt return hearing following his arrival at the facility.
(b) Purpose. The hearing officer shall determine whether or not there is good cause to believe the person did in fact violate the conditions of release/parole and shall prepare a recommendation for disposition.
(c) Location. The hearing shall be held at the California Rehabilitation Center or a branch thereof. However, this does not preclude the approval of another location by the Board.
(d) Results.
(1) If the finding is that there is good cause to believe the person violated the conditions of release/parole, the hearing officer shall report this information to the Board together with an appropriate recommendation for disposition without undue delay.
(2) If the finding is that there is not good cause to believe that the person violated the conditions of release/parole, the hearing officer shall contact a member of the Narcotic Addict Evaluation Authority for an oral order of release. If an oral order of release is obtained, the hearing officer shall so advise the staff of the California Rehabilitation Center or a branch thereof, and the person shall be released without delay.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
Following any return hearing, the Board shall consider the report prepared by the hearing officer and make a final decision at its regularly scheduled hearings for outpatient decisions.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note
A person who is eligible for a hearing as described in this article may waive such a hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
Article 6. Subpoenas
Note • History
The Chairperson of the Narcotic Addict Evaluation Authority may make investigations and prosecute actions concerning all matters relating to the business activities and subjects under the jurisdiction of the Narcotic Addict Evaluation Authority, violations of any law or rule or order of the Narcotic Addict Evaluation Authority and such other matters as may be provided by law. In connection with these investigations and actions, the Chairperson may inspect books and records, hear complaints, administer oaths, certify to all official acts and issue subpoenas for the testimony in any inquiry, investigation, hearing or proceeding pertinent or material thereto in any part of the state.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3157, Welfare and Institutions Code; and Sections 11180 and 11181, Government Code.
HISTORY
1. New Article 7 (Sections 5230-5232) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 7 (Sections 5230-5232) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 7 to article 6 and amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Who May Request. The individual or his approved attorney may request a subpoena be issued to require the attendance of witnesses or the production of documents at return hearings or rescission hearings held in accordance with the Narcotic Addict Evaluation Authority's regulations concerning such hearings. Subpoenas may also be requested by Parole and Community Services Division staff or by the Narcotic Addict Evaluation Authority members or by the hearing representatives. Requests shall be made to the Civil Addict Legal Processing Unit at least ten (10) working days prior to the scheduled hearing.
(b) Subpoena Duces Tecum. A declaration in support of a subpoena duces tecum shall accompany the request for a subpoena duces tecum. The declaration must show good cause for production of documentary evidence and specify precisely the documentary evidence to be produced, the relevance and materiality of that evidence to the hearing and that the requested witness has possession or control of the documentary evidence.
(c) Criteria for Issuance. The guiding principle in determining whether to issue a subpoena or subpoena duces tecum is the necessity of witness testimony or documentary evidence to the proceedings. To be necessary, witness testimony and documentary evidence must be relevant, material and non-cumulative to the individual's case. Factors to be considered include (1) whether the person is an adverse or friendly witness, (2) relevance and materiality of the testimony or documents to the issues to be decided, (3) availability of the witness and/or documents, (4) the witness' willingness to appear without a subpoena, (5) whether the individual or the individual's attorney has made reasonable efforts to produce a material friendly witness, (6) whether the witness resides more than 50 miles outside the county where the hearing will be held. Requests for subpoenas shall be screened by the Civil Addict Legal Processing Unit staff and a request for subpoena may be denied for any witness whose testimony is clearly irrelevant or cumulative.
(d) Adverse Witnesses. Requests for subpoenas for adverse witnesses shall ordinarily be granted even though the testimony may be cumulative, such as when several persons witnessed the incident. Fearfulness of an adverse witness shall be considered and may justify denial of a request for a subpoena.
(e) Friendly Witnesses. Normally only adverse witnesses shall be subpoenaed. The testimony of character witnesses and of other witnesses whose testimony is of a general nature may be presented by means of written statements, letters or affidavits. Subpoenas may be issued for friendly witnesses who can provide relevant and material evidence on behalf of the individual but who refuse to appear at the request of the individual or the individual's attorney. The individual or the individual's attorney may be asked to provide a written statement which summarizes the expected testimony and states how the testimony would be relevant, material and noncumulative.
(f) Documentary Evidence. Subpoenas duces tecum may be issued for documentary evidence under the control of someone other than the individual, the individual's attorney, Parole and Community Services Division or the Narcotic Addict Evaluation Authority. A declaration in support of subpoena duces tecum shall accompany the request for a subpoena duces tecum.
(g) At the Time of the Hearing. After the return or rescission hearing has commenced, the panel may request such subpoenas or subpoenas duces tecum as they deem necessary. The hearing shall be continued and rescheduled for a later date.
(h) Denial. Denial of a request for a subpoena or a subpoena duces tecum shall be documented and a copy of the decision given to the individual or the individual's attorney prior to the hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3157, Welfare and Institutions Code; Section 11182, Government Code.
HISTORY
1. Amendment of subsections (a), (f) and (g) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Processes issued under this article extend to all parts of the state.
(b) Subpoena. Service of a subpoena is made by showing the original and delivering a copy to the witness personally.
(c) Subpoena Duces Tecum. Service of a subpoena duces tecum is made by showing the original and delivering a copy to the person having possession or control of the documentary evidence. A copy of the declaration in support of a subpoena duces tecum is invalid if the declaration in support of subpoena duces tecum is not served on the person at the same time as the subpoena duces tecum.
(d) By Whom Made. Services may be made by any person eighteen years of age or older.
(e) Time Limits. Service shall be made not later than two (2) days before the hearing unless good cause for later service is shown.
(f) Obligation of Witness to Attend. A person is obliged to attend a return or rescission hearing as a witness pursuant to a subpoena or a subpoena duces tecum at any place within the county of residence or which is less than 50 miles from the witness' residence. Witnesses shall be paid fees and mileage at the rate provided in Government Code Section 68093.
(g) Custodian of Records. The custodian of records may upon receiving a subpoena duces tecum mail a true, legible, and durable copy of all the records described in the subpoena duces tecum. The records shall be accompanied by the affidavit of the custodian.
(h) Affidavit of Custodian. The affidavit shall state that the affiant is the custodian of the records and is authorized to certify the records that the copy is a true copy of the records described in the subpoena duces tecum, and that the records were prepared in the ordinary course of business.
(i) Attendance Required. The custodian of records shall attend the hearing and produce original records only when the subpoena duces tecum contains a clause to that effect.
(j) Failure to Comply. If a witness fails to comply with a subpoena or a subpoena duces tecum, the Narcotic Addict Evaluation Authority may petition the Superior Court in the county of which the hearing is pending for an order compelling compliance.
(k) Request to Quash. The Civil Addict Legal Processing Unit, upon a request, timely and reasonably made, may quash a subpoena or subpoena duces tecum entirely, modify it or direct compliance with it upon terms or conditions. The request to quash shall be made to the Civil Addict Legal Processing Unit.
(l) Criteria. The Civil Addict Legal Processing Unit shall consider the objections to a subpoena or a subpoena duces tecum in light of all available information. The guiding principles shall be to protect witnesses from unreasonable and oppressive demands and to ensure their safety.
(m) Final Responsibility. The Chairperson of the Narcotic Addict Evaluation Authority has final responsibility for deciding whether to issue a subpoena or a subpoena duces tecum and whether to grant or deny a request to quash a subpoena or a subpoena duces tecum. The Chairperson of the Narcotic Addict Evaluation Authority may delegate these decisions to the Civil Addict Legal Processing Unit staff.
NOTE
Authority cited: Section 3150, Welfare and Institutions Code. Reference: Section 3157, Welfare and Institutions Code; Sections 11180 et seq. and Section 68093, Government Code.
HISTORY
1. Amendment of subsections (j) and (m) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Chapter 3. Outpatient Supervision
Article 1. Conditions of Release/Parole
Note • History
(a) Release to Outpatient Status. Pursuant to Section 3151 of the Welfare and Institutions Code, the Narcotic Addict Evaluation Authority may release a person committed to the Civil Addict Program in an outpatient status subject to all rules and regulations adopted by the Narcotic Addict Evaluation Authority, and subject to all conditions imposed by the Narcotic Addict Evaluation Authority, whether of general applicability or restricted to the particular person released in outpatient status, and subject to being retaken and returned to inpatient status as prescribed in such rules, regulations, or conditions. These conditions of release can only be changed by the Narcotic Addict Evaluation Authority.
Section 3152 of the Welfare and Institutions Code stipulates that the rules for persons in outpatient status shall include but not be limited to close supervision of the person after release from inpatient status, periodic and surprise testing for narcotic use, counseling and return to inpatient status at the California Rehabilitation Center or its branches at the discretion of the Narcotic Addict Evaluation Authority, if from the reports of agents of the department or other information including reports of law enforcement officers as to the conduct of the person, the Narcotic Addict Evaluation Authority concludes that it is for the best interests of the person and society that this be done.
(b) Release to Civil Addict Parole Upon Reaching Program Expiration Date. Pursuant to Section 3201(c) of the Welfare and Institutions Code any person committed to the Civil Addict Program following the commission of a crime on or after September 17, 1981, whose execution of sentence was suspended pending a commitment pursuant to Section 3051 of the Welfare and Institutions Code, who has reached the expiration of commitment, shall be placed on parole under the jurisdiction of the Narcotic Addict Evaluation Authority. The law further stipulates that a person on parole who violates the rules, regulations or conditions imposed by the Narcotic Addict Evaluation Authority may be returned to the California Rehabilitation Center or branch thereof in accordance with the provisions of Sections 3151 and 3152 of the Welfare and Institutions Code.
NOTE
Authority cited: Sections 3051 and 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000 et seq., Penal Code.
HISTORY
1. Amendment of Chapter 3 and Article 1 headings filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
3. Amendment of chapter heading, article heading and section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The supervision of persons while in outpatient status shall be accomplished by the P&CSD.
NOTE
Authority cited: Section 3152, Welfare and Institutions Code. Reference: Section 50000 et seq., Penal Code.
HISTORY
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5302. Conditions of Release and/or Civil Addict Parole. (For a distinction between releasee and civil addict parolee, see Section 5000(B), Rules of Construction and Definition).
Note • History
(a) Definition. The Conditions of Release and/or Civil Addict Parole is a general description of rules and regulations imposed by the Narcotic Addict Evaluation Authority which the outpatient agrees to abide by.
(b) Content. The following conditions of release and/or civil addict parole shall apply to all individuals in outpatient status:
(1) Release. Upon release from the California Rehabilitation Center or branch thereof you are to go directly to the program approved by the Parole and Community Services Division and shall report to your agent of record or other person designated by the Parole and Community Services Division within 24 hours or the next working day if released on the day before a holiday or weekend.
(2) Residence. Only with the prior approval of your agent of record may you change your residence or the county of your residence.
(3) Work. It is necessary for you to maintain gainful employment. Any change of employment, including location, employer or termination of employment, must be reported to, and approved by, your agent of record within 72 hours.
(4) Agent Instructions. You shall comply with all instructions issued by an agent of the Parole and Community Services Division.
(5) Travel. You shall not travel more than 50 miles from your residence, or leave the State of California, without the approval of your agent of record.
(6) Alcoholic Beverages. You shall not use alcoholic beverages to excess.
(7) Narcotics. You shall not possess, use, have access to, or traffic in any narcotic, marijuana or dangerous drugs in violation of the law and you shall not have access or possession of narcotic paraphernalia or scales used to weigh narcotics. In addition, you shall not use or possess prescription medication except as prescribed for you by a licensed physician.
(8) Anti-Narcotic Testing. By reason of your commitment to the Civil Addict Program, you are required by Welfare and Institutions Code Section 3152 to participate in anti-narcotic testing. You shall participate in such program and agree to the instructions of your agent of record regarding your participation therein.
(9) Weapons. You shall not own, have access to, possess, use, sell, or have under your control or on your property:
(A) any type of firearm, instrument, or device which a reasonable person would believe to be capable of being used as a firearm, any ammunition which could be used in a firearm; or any explosive powder or device;
(B) any weapon as defined in state or federal statutes or listed in California Penal Code Section 12020 or any instrument or device which a reasonable person would believe to be capable of being used as a weapon as defined in Penal Code Section 12020; or,
(C) any knife with a blade longer than two inches, any knife which has a locking mechanism, any knife which has a fixed blade or any knife commonly referred to as a hunting knife, except kitchen knives which must be kept in your residence and knives related to your employment which may be used only in connection with your employment and approved by your agent of record;
(D) a cross bow or arrow of any kind.
(10) Associates. You shall avoid association with former inpatients of the California Rehabilitation Center, former inmates of penal institutions, or other narcotic addicts unless specifically approved by your agent of record. You shall not associate with any prison gang, disruptive group, or criminal street gang member, and you shall avoid association with individuals who have been convicted of a crime(s).
(11) Cooperation and Attitude. You are to cooperate with your agent of record at all times.
(12) Criminal and Conduct. You shall obey all municipal, county, state and federal laws, ordinances, and orders. Conduct prohibited by law may result in revocation of your release and/or parole even though no criminal conviction occurs.
(13) You shall not possess or have access to cell phones, pagers or the Internet without prior approval of your agent of record.
(14) Blood Donation. You shall not provide blood for transfusion purposes because of the danger of transmitting disease thereby.
(15) Search. You shall submit to a search of your person, your residence and any property under your control by your agent of record, any agent of the Department of Corrections or law enforcement officer.
(16) You shall not violate any Special Conditions of Release/Parole imposed by the Board.
(17) Special Conditions
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3152, Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5303. Special Conditions of Release/Civil Addict Parole.
Note • History
Special conditions as referenced above in Section 5301(b)(16) and (17) may be established and imposed by the Board as provided in Section 5300 and are in addition to the general conditions of release/civil addict parole. Special conditions of release/civil addict parole shall be imposed whenever warranted by the circumstances of the individual's case. Individuals will be governed by these specific rules whether or not they sign the Board Order or CDC form containing these rules.
NOTE
Authority cited: Sections 3156 and 3305, Welfare and Institutions Code. Reference: Sections 5000 and 5050 et seq., Penal Code.
HISTORY
1. Amendment of section heading and section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
History
HISTORY
1. Repealer filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 3, No. 6).
§5305. Notification of Conditions of Release/Civil Addict Parole.
Note • History
Prior to release to outpatient status, the resident shall read or have read to him by Department of Corrections staff the conditions of release and/or civil parole to ensure that the person understands them and the consequences involved if they are violated. In addition, it shall be the responsibility of Department of Corrections staff to ensure that the individual receives a copy and agrees to abide by the conditions of release/civil addict parole by affixing his signature to the agreement.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3151, Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000 et seq., Penal Code.
HISTORY
1. Repealer of Article 2 (Sections 5310-5316) and new Article 2 (Sections 5310-5315) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 2 (Sections 5310-5315) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 2 (sections 5310-5315), and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000, et seq., Penal Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5313. Special Conditions of Parole.
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000, et seq., Penal Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5314. Notification of Conditions of Parole.
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section 3000(f), Penal Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Sections 3000 and 3001, Penal Code.
HISTORY
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 2. Participation in Methadone Maintenance
Note • History
Section 3154 of the Welfare and Institutions Code stipulates that a person released from the California Rehabilitation Center or branch thereof may, with the approval of the Department of Corrections and the Narcotic Addict Evaluation Authority, participate in a methadone maintenance project.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3154, Welfare and Institutions Code.
HISTORY
1. Repealer of Article 3 (Sections 5330-5338) and new Article 3 (Sections 5320-5325) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 3 (Sections 5320-5325) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 2 (sections 5310-5315), renumbering of former article 3 to article 2, and amendment of section 5320 filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The Board shall decide whether to approve an outpatient's participation in a methadone maintenance program on a case-by-case basis. The following are the guidelines which the Board shall use in its consideration:
(a) The person shall be at least 21 years of age;
(b) The person shall have a documented history of opiate use of at least five years;
(c) The person shall have had at least one prior medically supervised detoxification.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3154 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5322. Parole and Community Services Division Discretion.
Note • History
If the outpatient meets the criteria in Section 5321, the agent of record may approve the individual's participation in an approved methadone maintenance program pending approval by the Board. An individual who does not meet those criteria shall not begin participation in methadone maintenance without Board approval.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3154, 3201 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note
The Board's purpose in approving participation in methadone maintenance is to stabilize the person in the community. The Board's intention is that as stabilization progresses, the individual will gradually reduce and ultimately eliminate the need for methadone.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3154 and 3201(c), Welfare and Institutions Code.
§5324. Cooperation Between Parole and Community Services Division and Methadone Programs.
Note • History
Parole and Community Services Division staff shall work in cooperation with the staff of methadone maintenance programs, in exchanging information of mutual interest. The Parole and Community Services Division shall maintain regular contact with the staff of methadone maintenance programs as a collateral source of information regarding the outpatient's conduct and welfare.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3154 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5325. Operation of a Motor Vehicle.
Note • History
An outpatient who is accepted into a methadone maintenance program shall not drive a motor vehicle during the stabilization phase of the program (approximately the first two weeks). The local office of the Department of Motor Vehicles shall be notified of the name of each outpatient accepted into a methadone maintenance program by the Parole and Community Services Division.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3154 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 3. Want Notices and Holds
Note • History
Sections 3151 and 3201(c) of the Welfare and Institutions Code invests the Board with the authority to:
(a) Suspend the release of an outpatient who is under the jurisdiction of the Narcotic Addict Evaluation Authority and cause him to be retaken and returned to the California Rehabilitation Center or branch thereof;
(b) Adopt rules and regulations according to which an outpatient may be retaken into custody and returned to the California Rehabilitation Center or branch thereof.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Repealer of Article 4 (Sections 5350-5356) and new Article 4 (Sections 5330-5338) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 4 (Sections 5330-5338) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 4 to article 3 and amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Definition. A want notice is the Board's authorization for any law enforcement officer in California to take into custody a particular outpatient who has absconded from supervision. Only the Board may authorize a want notice.
(b) Limitations. A want notice may be exercised only within the State of California.
(c) Removal. The Parole and Community Services Division shall cancel the want notice for any outpatient who has been taken into custody in California or who is otherwise no longer wanted.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (a) and (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Definition. A hold is an official request that an outpatient be held in custody until further notice. A hold may be placed on an outpatient who is already confined as a result of a new criminal charge, or the individual may be arrested and placed in local custody on a hold pending investigation of an alleged violation of the conditions of release or conditions of parole.
(b) Authorization. The Deputy Director of the Parole and Community Services Division, and any of the staff in the peace officer series of the Department of Corrections may apprehend, arrest and/or detain in local custody any outpatient who meets the criteria in Section 5334.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5333. Decision to Place a Hold.
Note • History
The hold decision shall be made in every case regardless of the type of crime or violation with which the individual is charged and regardless of whether another criminal justice agency is detaining the person. The fact that an outpatient has been released on bail on his own recognizance does not serve as a substitute for the decision to place a hold. The potential threat to the community shall be considered.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5334. Criteria for Placing a Hold.
Note • History
An outpatient suspected of violating the conditions of release/conditions of parole may be arrested and/or detained under a hold for any of the following reasons:
(a) The person is a danger to himself.
(b) The person is a danger to the person or property of another.
(c) The person may abscond.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of first paragraph and subsection (a) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5335. Factors to Be Considered.
Note • History
Examples of factors to be considered in deciding whether to place a hold include but are not limited to the following:
(a) The emotional or mental health of the outpatient; such as the presence of suicidal impulses or threats, or evidence that the individual cannot adequately care for himself;
(b) The presence and extent of drug or alcohol abuse.
(c) The seriousness of the alleged violation.
(d) Prior instances of assaultive behavior.
(e) Involvement in the transportation, sale, distribution or use of narcotics or dangerous drugs.
(f) Present threats of violence.
(g) Record of escapes from custody or absconding from supervision. (h) Employment history and stability.
(i) Residential pattern.
(j) Nature of family and community relationships.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (a) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Initial Review. As soon as possible after the placement of a hold, the agent of record shall have a case conference with the unit supervisor to determine whether the hold should be continued.
(b) Replacing a Hold. Once a hold has been dropped, it shall not be replaced unless new information has been received which indicates the person falls within the criteria in Section 5334.
(c) Subsequent Removal of a Hold. A hold may be removed at any time the existing circumstances of the case indicate it is no longer necessary. However, approval to remove a hold shall be obtained from at least one Board member, either orally or in writing, before the person is released from custody following an arrest by local law enforcement.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of subsections (a) and (c) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5337. Notification to Outpatient.
Note • History
In all cases the agent of record shall notify the individual in writing of the reasons for the hold as soon as possible after placement of the hold.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
When a hold is placed on an individual, the Parole and Community Services Division shall without unnecessary delay notify the Narcotic Addict Evaluation Authority in writing in order to obtain the Board's final determination.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 4. Violations and Reports
Note • History
The Board is authorized to suspend outpatient status in any case where the outpatient has violated his conditions of release/civil addict parole. Violations listed in Section 5351(a) and special requests listed in Section 5351(b) shall be reported to the Board.
The Parole and Community Services Division is authorized to dispose of any other misconduct.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Repealer of Article 5 (Sections 5370-5372) and new Article 5 (Sections 5350-5356) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 5 (Sections 5350-5356) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 5 to article 4 and amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
(a) Behavior Which Must Be Reported. The Parole and Community Services Division shall report to the Board any outpatient who is reasonably believed to have engaged in the following kinds of behavior:
(1) Possession, access, or use of narcotics, marijuana, or dangerous drugs in violation of the law.
(2) All physical acts of violence and verbal threats of violence.
(3) Possession, use, sales or control of any deadly weapon, ammunition, explosives, or firearm.
(4) Involvement in any fraudulent scheme.
(5) Any violation of a special condition of release or parole.
(6) Any superior or municipal court conviction, regardless of the sentence imposed.
(7) Any arrest or citation.
(8) Any conduct which the agent of record, unit supervisor, or district administrator feels is sufficiently serious to report.
(b) Miscellaneous Requests.
(1) Participation in an approved methadone maintenance program.
(2) Approval for out of state courteous supervision.
(3) Placement or removal of special conditions.
(4) Discharge Reviews.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
An agent shall investigate all cases of an individual suspected of a violation of the conditions of release/civil addict parole. All available facts relating to the charged violation shall be documented. If the individual is suspected of a violation which is being investigated as a new crime by a police agency, the agent shall obtain a copy of the arresting agency's arrest and investigation report.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note
The violation report is a document prepared by the agent specifying the violation charges against the individual and containing or referring to the information known to the agent relevant to the charges. The violation report shall include a resume of the person's adjustment to community supervision. Any documents which relate to the violation shall be attached to the report or specifically identified in the report.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
§5354. Supplemental Violation Report.
Note • History
A supplemental violation report shall be submitted to: Report significant new information or evidence which tends to prove or disprove the violations previously charged; note court actions on charges which are being prosecuted in a criminal proceeding; expand, clarify or correct information in an earlier report; add or amend charges; provide the Board with information not related to the violation, but which may affect the Board's decision regarding the appropriate disposition; provide additional information to the Board at any time requested by the Board; or change the Parole and Community Services Division recommendation.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note
The Parole and Community Services Division shall recommend the appropriate action necessary to deal with the violation charged which the Board shall take into consideration in determining the best disposition to be made.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
Note • History
All violations of the conditions of release/civil addict parole shall be reported to the NAEA in a timely manner in accordance with procedures adopted by the Department of Corrections and agreed to by the NAEA.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code; and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
HISTORY
1. Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 5. Out of State Supervision
Note • History
The Civil Addict Program does not come under the provisions of the Interstate Compact. Therefore, supervision of an outpatient outside California shall be arranged on a case-by-case basis and requires Board approval of the arrangements for supervision.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. New Article 6 (Sections 5370-5372) filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 6 (Sections 5370-5372) filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 6 to article 5 and amendment of section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The Board requires the following information for consideration of supervision outside of California:
(a) Rationale. There shall be a compelling reason or advantage connected with the individual's program outside of California.
(b) Residence. The person shall have a verifiable residential address and the names of other persons at that address.
(c) Employment. The person shall have a verifiable offer of employment or a verifiable arrangement for training or education.
(d) Supervision. There shall be an agreement with a law enforcement official (preferably a parole agent) in the other state who shall:
(1) Obtain urine samples from the person as required by the Narcotic Addict Evaluation Authority;
(2) Maintain regular personal contact with the person;
(3) Submit regular reports to the Parole and Community Services Division regarding the individual's progress.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment of subsection (d)(1) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5372. Releasee or Parolee Outside California Without Permission.
Note • History
The Parole and Community Services Division shall report to the Board any releasee or civil addict parolee who leaves the State of California without permission. The Board may suspend that individual's outpatient status and declare him a releasee-at-large, or in the case of a civil addict parolee, suspend parole and declare the person a parolee-at-large.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
HISTORY
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Chapter 4. Appeals
Article 1. General
Note • History
Any person under the jurisdiction of the Board may appeal decisions of the Board or its representative which directly affect him. The NAEA appeal form is available at the California Rehabilitation Center and at each Parole and Community Services Division unit office. It shall be given to the person upon request.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3054 and 3058, Penal Code.
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The grounds on which an application for reconsideration may be based are the following:
(a) The action was an arbitrary decision in light of the particular facts of the individual's case.
(b) The individual has discovered new evidence, material to the case, which could not have been discovered and produced at the hearing.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3054 and 3058, Penal Code.
HISTORY
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
Either or both of the grounds specified in Section 5401 may be claimed in one application.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The individual has the following responsibilities in filing an appeal.
(a) All grounds shall be included in the same appeal.
(b) Specific grounds shall be stated, and all necessary documents and information shall be attached to the application.
(c) The decision desired shall be stated.
(d) Assistance in preparing the appeal may be sought from staff or others.
(e) The appeal shall be filed with the Narcotic Addict Evaluation Authority within 30 days of the date the action was taken. This time limit may be waived for good cause by the Board.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsection (e) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The decision being appealed shall remain in effect pending final decision as specified in Section 5405.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
The Chairman or the Chairman's designee may grant or deny reconsideration or refer appeal applications to a panel of two members or to the full Board. The panel may grant or deny reconsideration or refer the case to the full Board. The full Board may grant or deny reconsideration.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Muszalski, 52 Cal. App. 3d 500 (1975).
HISTORY
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Note • History
An appeal filed with the NAEA shall be considered and the individual notified of the decision within 30 days of the receipt of the appeal by the Authority.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Muszalski, 52, Cal. App. 3d 500 (1975).
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Chapter 5. Discharge of Civil Addict Commitments
Article 1. General
§5500. Early Discharge of Individuals in Releasee Status.
Note • History
(a) Persons Committed to the Civil Addict Program Pursuant to Sections 3100 and 3100.6 of the Welfare and Institutions Code. Section 3200(a) of the Welfare and Institutions Code stipulates that a releasee who has abstained from the use of narcotics and has otherwise abided by the conditions of release for a period of time as specified in that section may be considered for discharge from the Civil Addict Program. If the Narcotic Addict Evaluation Authority concurs in the opinion of the Director that the person on outpatient status has met the requirements as set forth in Welfare and Institutions Code Section 3200, it shall discharge such person from the program.
(b) Persons Committed to the Civil Addict Program Pursuant to Sections 3050 and 3051 of the Welfare and Institutions Code. Section 3200(b) of the Welfare and Institutions Code stipulates that a releasee who has abstained from the use of narcotics and has otherwise abided by the conditions of release for a period of time as specified in that section may be referred to the committing court for discharge consideration. If the Narcotic Addict Evaluation Authority concurs in the opinion of the Director that the releasee has met the requirements as set forth in Welfare and Institutions Code Section 3200, it may file with the superior court of the county in which the person was committed a certificate alleging such facts and recommending to the court the discharge of the person from the program. The Narcotic Addict Evaluation Authority or its designee shall serve a copy of such certificate upon the district attorney of the county.
(c) Reporting Procedures. Once the releasee has met the requirements for early discharge consideration, including testing requirements as specified by the Board, the Parole and Community Services Division shall prepare a report within 10 days after the date the individual becomes eligible and submit it to the Board for its consideration on the Parole and Community Services Division hearing calendar.
(d) Notification to Releasee. Following the decision of the Board, the Parole and Community Services Division shall notify the releasee of any responsibilities which he may have until the court vacates the commitment.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3200(a) and (b), Welfare and Institutions Code.
HISTORY
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5501. Early Discharge of Individuals on Parole.
Note • History
(a) Any person who has abstained from narcotics and has otherwise complied with his conditions of parole for one year continuously, shall be considered for early discharge by the Narcotic Addict Evaluation Authority. An individual whose commitment term is two years or less and has complied with his conditions of release and parole cumulatively for one year without interruption shall be considered for early discharge by the Narcotic Addict Evaluation Authority. An individual whose commitment term is more than two years and who has complied with his conditions of release and parole cumulatively for sixteen months shall be considered for early discharge by the Narcotic Addict Evaluation Authority.
(b) Reporting Procedures. Once the civil addict parolee has met the requirements for early discharge consideration, including testing requirements as specified by the Board, the Parole and Community Services Division shall prepare a report and submit it to the Narcotic Addict Evaluation Authority for its consideration on the Parole and Community Services Division hearing calendar within 30 days of the date the requirements were met.
(c) Notification to Civil Addict Parolee. Following the decision of the Board, the Parole and Community Services Division shall notify the civil addict parolee and advise him of any responsibilities which he may have until the court vacates the commitment.
(d) Notification to the Committing Court. In the event the Narcotic Addict Evaluation Authority discharges the civil addict parolee, the Director of Corrections or the Director's designee shall refer the person to the committing court(s) for further proceedings on the original criminal charges.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3201(c), Welfare and Institutions Code; and Sections 3000 and 3001, Penal Code.
HISTORY
1. Repealer and new section filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5502. Expiration of Commitment.
Note • History
See Section 3201 of the Welfare and Institutions Code regarding the Director of Corrections' responsibility relative to discharge upon the expiration of commitment to the Civil Addict Program.
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Section 3201, Welfare and Institutions Code.
HISTORY
1. Repealer and new section filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§5503. Exclusion from the Civil Addict Program.
Note • History
Only the Director of Corrections or the Director's designee has the authority to exclude a person from the Civil Addict Program. (See Sections 3053 and 3109 of the Welfare and Institutions Code.)
NOTE
Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3053 and 3109, Welfare and Institutions Code.
HISTORY
1. New section filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 83, No. 6)
Division 6. Commission on Correctional Peace Officer Standards and Training
Article 1. General
Note • History
The following are definitions of terms as used in these regulations.
(a) Acting Position is defined as a work assignment with duties and responsibilities outside those of the job classification to which the apprentice has been appointed. It is not an appointment to a “training and development” position. Typically, it is a temporary assignment for an unspecified period of time.
(b) Apprentice means California Correctional Peace Officer apprentice, unless otherwise specified. Correctional Peace Officer apprentice means a person at least 21 years of age, who is engaged in learning a designated trade as a Correctional Peace Officer, and who has entered into a written apprenticeship agreement under the provisions of the standards contained in these regulations and the Memorandum of Understanding (MOU). All persons newly appointed to rank and file Correctional Peace Officer classifications are apprentices, including less than full-time employees.
(c) Authorized Personnel means the In Service Training (IST) Manager and Assistant Training Manager, IST clerical support, the Local Apprenticeship Subcommittee (LAS), the employing department management and supervisory staff, the apprentice or the apprentices' authorized representative to review only the apprentice's own personal apprenticeship and training files, the Division of Apprenticeship Standards (DAS) consultant/personnel, Veterans Affairs personnel, the Commission on Correctional Peace Officer Standards and Training (CPOST) committee members and their alternates, CPOST advisors, Departmental Apprenticeship Coordinators, and Compliance Review team members.
(d) Commission means the Commission on Correctional Peace Officer Standards and Training (CPOST) as defined in Penal Code Section 13600.
(e) Employing Department means the California Department of Corrections (CDC) or the California Department of the Youth Authority (CYA).
(f) Employing Department Apprenticeship Coordinator means the personnel designated by CDC, CYA, and the California Correctional Peace Officer Association (CCPOA) to act as a coordinator for the operation of the Apprenticeship Program.
(g) First-Line Supervisor means an employee in a Correctional Peace Officer classification that supervises Correctional Peace Officer apprentices and journeypersons.
(h) First Watch means night shift. It encompasses a shift in which at least four (4) or more hours of the scheduled work shift fall immediately before 6:00 a.m.
(i) Journeyperson means all employees who are in a Correctional Peace Officer rank and file classification, who have successfully completed the appropriate apprenticeship program, or who were grandfathered as journeypersons before January 1, 1990, for that classification pursuant to the MOU.
(j) Limited/Light Duty means assignment to a work position that is consistent with the employee's temporary medical restrictions as determined by the treating physician.
(k) Local Appointing Authority means Warden, Superintendent, Parole Regional Administrator or designee.
(l) Local Apprenticeship Subcommittee (LAS) is a standing committee of the CPOST. Its responsibilities and functions are spelled out in these regulations and as further defined by the CPOST.
(m) Management means personnel designated by the CDC and the CYA to represent their organizations.
(n) MOU means the collective bargaining agreement between the state of California and the CCPOA.
(o) Out-of-Class Assignment means the same as “Acting Postion”.
(p) Out-of-Class Service means periods of work of 15 to 120 consecutive days, which are worked outside the classification to which the employee is assigned.
(q) Petitioner means the party submitting an appeal, which can be an individual apprentice, a journeyperson, a first-line supervisor, a group of such employees, the local chapter of the CCPOA, the Department of Industrial Relations, Division of Apprenticeship Standards, or the local appointing authority or designee.
(r) Qualifying Month means one month credit granted towards the completion of the apprenticeship program for every month in which an apprentice forwards to the LAS his/her LAS approved DAS 103-A form (Apprentice Record Book, Rev. 3-89).
(s) Qualifying Pay Period means either full-time employment with at least 11 working days in a pay period or intermittent (hourly) employment with at least 160 hours worked in a pay period.
(t) Related and Supplemental Instruction means any classroom instruction, training or education in subjects related to the correctional peace officer trade. Such instruction may be given to an employee in a classroom setting provided by a department, community college or high school district, or by a correspondence course of equivalent value or other forms of self-study approved by CPOST.
(u) Second-Line Supervisor means a supervisor two steps/ranks higher in the direct promotional line of the apprentice.
(v) Second Watch means day shift. It encompasses those shifts in which more than four of the work hours fall between 6:00 a.m. and 2:00 p.m.
(w) Secured Workstation means an area in a correctional facility completely enclosed by any combination of metal bars, chain link, safety glass, concrete, or the equivalent, with a controlled entrance and exit, ensuring the occupants' safety.
(x) Third Watch means evening/swing shift. It encompasses those shifts in which the employee works four or more hours of the shift falling after 2:00 p.m.
(y) Training and Development Assignment means a formal appointment to a work assignment outside the scope of an employee's appointed classification, as defined by the State Personnel Board. It is usually for a set period of time, not to exceed two years.
(z) Work Site means the apprentice's assigned facility, which is not an academy.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3075 and 3077, Labor Code.
HISTORY
1. New division 6 (articles 1-8, sections 6000-6070), article 1 (sections 6000-6003) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6001. Responsibilities of the Commission on Correctional Peace Officer Standards and Training.
Note • History
The major responsibilities of the Commission on Correctional Peace Officer Standards and Training (CPOST) are to:
(a) Develop, adopt, repeal, and amend regulations to govern all aspects of the CPOST program.
(1) Notify the Apprenticeship Coordinator, each Local Apprenticeship Subcommittee, and the Division of Apprenticeship Standards consultant of CPOST decisions, amendments to procedures, and changes to guidelines.
(2) Oversee each LAS.
(b) Establish and oversee training and education certificate programs.
(c) Establish and maintain CPOST required files and records, and oversee the employing department's CPOST record system for apprenticeship training, related and supplemental instruction, and education.
(d) Respond to, advise, and confer with the Legislature, the employing departments, the California Correctional Peace Officers Association, and the federal and/or State oversight agencies.
(e) CPOST shall not exercise any authority to hire any particular person into an apprenticeship classification, nor shall it exercise responsibility for imposing discipline or rejection on probation upon any individual apprentice. The individual participating departments shall maintain their separate authority to hire, discipline, or reject on probation, the individual employee, subject to the State Personnel Board's authority in such matters. If an apprentice is subjected to discipline or rejection on probation by his/her department, neither the CPOST Executive Committee nor the apprentice's LAS shall cancel the apprentice's Apprenticeship Agreement until the apprentice has exhausted his/her appeal rights through the State Personnel Board and any subsequent court action.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3075, 3076 and 3076.3, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
A quorum for the Commission on Correctional Peace Officer Standards and Training Executive Board decision making purposes consists of at least two management commissioners and two commissioners from the California Correctional Peace Officers Association.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
(a) The Commission on Correctional Peace Officer Standards and Training (CPOST) shall be comprised of members pursuant to Penal Code (PC) Section 13600.
(b) The CPOST officers shall be elected from the Executive Board members for a two-year term.
(c) The CPOST commissioners serve four-year terms until succeeded by their respective organization or upon resignation pursuant to PC Section 13600.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13600, Penal Code; and Sections 3075 and 3076, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 2. Local Apprenticeship Subcommittees
Note • History
(a) Each employing department shall have a Local Apprenticeship Subcommittee (LAS):
(1) Each California State Prison.
(2) Each Parole Region.
(3) Each California Youth Authority (CYA) facility.
(4) Each CYA camp where apprentices are employed.
(b) Each LAS shall have two regular voting members, one appointed by management and one appointed by the California Correctional Peace Officers Association (CCPOA). The appointed members shall be active employees of the local appointing authority. The management representative shall be the Chairperson and the CCPOA representative shall be the Secretary. The California Department of Corrections' management representative shall hold a classification of Lieutenant/Parole Agent II or higher. The CYA management representative shall be a training officer or the CYA's designee.
(c) Management and CCPOA shall each appoint one alternate member who, when their regular voting member is absent, shall fill in for and vote in place of the regular member. CDC's management alternate member shall hold a classification level of Sergeant/Parole Agent II or higher. The CYA's management alternate shall be a training officer or the local appointing authority's designee.
(d) A quorum for LAS meetings requires the presence of one regular or alternate management member and one regular or alternate CCPOA member.
(e) Management and CCPOA shall each have one vote on the LAS. Decisions of the LAS require a unanimous vote. If the vote on an issue is not unanimous, either the Chairperson, the Secretary, the local appointing authority, the CCPOA, or the affected employee may appeal the matter.
(f) The LAS shall have standing advisory members and may have ad hoc advisors. Neither standing advisory members nor ad hoc advisors shall have a vote as advisors to the LAS.
(1) Standing advisory members shall consist of the institutional or regional personnel officer, the training officer, a consultant from the Department of Industrial Relations' Division of Apprenticeship Standards, and the Personnel Assignment Lieutenant (if not already a member of the LAS).
(2) Ad hoc advisors may be a local community college education advisor, and/or other individuals the LAS decides are important to have in an advisory capacity.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13600, Penal Code.
HISTORY
1. New article 2 (sections 6010-6011) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6011. Responsibilities of the Local Apprenticeship Subcommittees.
Note • History
The following are responsibilities of each Local Apprenticeship Subcommittee (LAS):
(a) Ensure that the local Apprenticeship Program follows the Commission on Correctional Peace Officer Standards and Training regulations, procedures, policies, standards, and decisions.
(b) Review and evaluate each apprentice's progress and compliance with CPOST standards.
(c) Allow for reasonable access to apprenticeship training files by authorized personnel.
(d) Terminate apprenticeship agreements and notify the Division of Apprenticeship Standards in writing within 30 days when an apprentice:
(1) Separates from State service;
(2) Transfers to another classification;
(3) Completes the program; or
(4) Is rejected during probation, dismissed, or demoted, subject to appeal.
(e) In conjunction with the first line supervisor, propose a plan for remediation when an apprentice is not in compliance with the Apprenticeship Program as stated in Section 6021(c) of these regulations.
(f) Maintain local apprenticeship training files.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076, 3076.3 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 3. Apprentices
Note • History
(a) All employees of the California Department of Corrections (CDC) and the California Department of the Youth Authority (CYA) who enter a rank and file Correctional Peace Officer job classification are apprentices, unless they have already attained journeyperson status in the same classification accepted by the Commission on Correctional Peace Officer Standards and Training (CPOST). A Correctional Peace Officer apprentice who moves from one apprenticeship classification to another apprenticeship classification that does not have the same apprenticeship requirements shall become an apprentice in the new job classification, regardless of whether he/she had attained journey level in the previous classification.
(b) The Correctional Peace Officer job classifications requiring apprenticeship are:
(1) Correctional Officer;
(2) Correctional Counselor I;
(3) Parole Agent I, CDC;
(4) Parole Agent I, CYA (Institution and Field);
(5) Medical Technical Assistant, CDC and CYA;
(6) Casework Specialist, CYA;
(7) Youth Correctional Counselor, CYA;
(8) Youth Correctional Officer, CYA; and
(9) Correctional Fire Fighter.
(c) An employee employed in an acting position, an out-of-class assignment, or a training and development assignment, shall not be indentured into the apprenticeship program for that new position.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13600, Penal Code; and Section 3078, Labor Code.
HISTORY
1. New article 3 (sections 6020-6029) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6021. Apprentice Responsibilities.
Note • History
(a) Each apprentice shall sign an apprenticeship agreement indenturing the apprentice to the Commission on Correctional Peace Officer Standards and Training (CPOST).
(b) Each apprentice shall comply with the CPOST regulations, CPOST operating procedures and decisions of the CPOST, Local Apprenticeship Subcommittees (LAS), and the employing department. Each apprentice shall satisfactorily perform and complete all work and learning assignments, including both on-the-job and related and supplemental instruction.
(c) An apprentice who fails to meet the apprenticeship standards and requirements for continuing employment, as defined by the CPOST or the employing department, may be subject to rejection on probation or discipline pursuant to the Memorandum of Understanding or Government Code Section 19572.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Section 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6022. Terms of Apprenticeship.
Note • History
(a) The Apprenticeship Program requires the completion of a minimum of 3,600 hours in the respective work processes as shown in Section 6029 of these regulations, and a minimum of 24 qualifying months of on-the-job training. Credits may be awarded by the Local Apprenticeship Subcommittee to reduce the term of apprenticeship in accordance with Section 6025. Apprentices are required to complete the academy for the job classification, if one exists, but neither the time spent at the academy, nor time spent in any supplemental training counts towards the 3,600 hours of on-the-job training.
(b) The apprentice must successfully pass probation as defined by the State Personnel Board for the apprentice's classification and the Memorandum of Understanding.
(c) Overtime hours worked by the apprentice shall be credited to the appropriate work process category, but shall not reduce the two-year on-the-job training requirement.
(d) Duties performed within a limited/light duty function shall not count towards the 3,600 work process hours except to the degree the apprentice is successfully performing the work process hours of a Correctional Peace Officer.
(e) Each Apprenticeship Program shall be divided into 4 periods, each consisting of a minimum of 900 hours of on-the-job training, or 6 qualifying pay periods, whichever is longer.
(f) Duties performed that are not identified as part of the apprentice's classification shall not be counted as part of the apprentice's work process credits.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6023. Apprenticeship Agreements.
Note • History
(a) Each apprenticeship agreement shall conform to the provisions of Labor Code, Section 3078. The agreement shall be signed by the apprentice, the Chairperson or designee, the employing department's Apprenticeship Coordinator or Local Apprenticeship Subcommittee (LAS) representative, and the Department of Industrial Relations' Division of Apprenticeship Standards' (DAS) representative.
(b) Each apprentice shall have an approved apprenticeship agreement on file with the DAS and the LAS.
(c) If the employing department is unable to fulfill its obligations to train under any apprenticeship agreement, or in the event of a layoff, the CPOST may, with the approval of the Director of the Department of Industrial Relations, transfer an individual apprenticeship agreement to any other employing department if the apprentice consents and the receiving employing department agrees to assume the obligation of the apprenticeship agreement.
(d) An apprenticeship agreement may be terminated by the LAS or the CPOST upon written request of the apprentice, the employing department, or by the LAS on its own initiative. The apprentice shall be provided an opportunity to appear and provide testimony before the LAS, prior to actual termination of the apprenticeship agreement. The LAS shall immediately terminate the apprenticeship agreement if the apprentice does not appeal the employment termination in the manner specified in State Personnel Board rules and regulations and Sections 6051 and 6052 of these regulations. When an appeal is filed, the termination shall not be finalized until all appeals have been completed.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3078 and 3079, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
(a) An apprentice shall not be paid less than the percentages and rates contained in the current Memorandum of Understanding (MOU). Some State employees may enter an apprentice classification at a higher rate of pay than the entry level. These exceptions may also affect pay step increases.
(b) Advancement from one apprenticeship range to another, or from one pay step to another, shall be based upon satisfactory progress pursuant to the MOU and in completion of all of the requirements of the Apprenticeship Program established for that classification pay level, the recommendation of the Local Apprenticeship Subcommittee (LAS), and approval of the apprentice's local appointing authority. An apprentice shall receive periodic performance/salary reviews by the apprentice's supervisor(s), in accordance with the MOU. The apprentice shall be eligible for a salary increase as specified in the MOU if the apprentice receives an overall rating of standard or above. Apprentices who are rated less than standard in any category may be requested to appear before the LAS. The LAS shall consider the review(s) in making its recommendation to the local appointing authority.
(c) If the apprenticeship agreement for an apprentice is suspended, the apprentice's salary shall be frozen at their current level throughout the length of the suspension.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6025. Program Credits for Prior Experience.
Note • History
(a) An apprentice whose agreement is terminated prior to completion of the apprenticeship program, and who seeks to enter a new apprenticeship program in the same classification, may be granted apprenticeship credit by the Local Apprenticeship Subcommittee (LAS) for the previous apprenticeship time served under the following conditions:
(1) The prior experience is within the same apprenticeship classification;
(2) The break in service was less than three years in duration; or
(3) The apprentice submits documentation to the LAS to support the request for program credits.
(b) If an apprentice is called to military duty, his/her apprenticeship agreement will be put in suspense for the duration of such duty, to be activated upon the apprentice's return to the apprenticeship classification.
(c) The LAS shall not grant apprenticeship credit to an apprentice with a break in service of over three years. The LAS shall refer the matter to the Commission on Correctional Peace Officer Standards and Training (CPOST) Executive Board, which may grant credit for the prior service. The apprentice shall submit documentation to the CPOST Executive Board to support the request for program credits. The LAS shall submit copies of all documents relevant to the appeal to the CPOST within 10 working days of receiving notification of the appeal.
(d) The LAS shall not grant apprenticeship credit for prior work experience while the apprentice was in an acting position for less than 15 consecutive days.
(e) The LAS may grant apprenticeship credit for out-of-class service, if the work was performed in a CPOST apprenticeable classification.
(f) The LAS shall enroll every limited term employee working in a CPOST apprenticeship classification. The LAS may grant up to full apprenticeship credit to the employee for the limited term work experience.
(g) The LAS may give credit for apprenticeship experience earned in the Department of Corrections and the Department of the Youth Authority for apprentices transferring between employing departments, to the extent that the work processes overlap. If the LAS has insufficient basis to make the credit decision, the LAS may forward the request to the CPOST Executive Board for determination of allowable credit.
(h) Credit for prior peace officer experience in law enforcement agencies other than those specified in Section 6029 shall be referred to the CPOST Executive Board.
(1) The apprentice must apply for credit in writing to the CPOST.
(2) The application must be filed within 30 days of the employee's work site hire date.
(3) The apprentice has 90 days from the work site hire date to submit supporting documentation confirming the validity of the prior education and/or work experience.
(4) Applicants will receive a response in writing within 30 days of the next CPOST meeting following receipt of the completed supporting documentation.
(5) A maximum of 12.5 percent credit may be applied towards completion of the Apprenticeship Program.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
(a) The ratio of apprentices to the appropriate classification of journey-level persons, first-line supervisors, and those second-line supervisors who are responsible for training apprentices, shall be no greater than one-to-one.
(b) A Local Apprenticeship Subcommittee (LAS) shall immediately notify the employing department's local appointing authority and the Commission on Correctional Peace Officer Standards and Training when it has been determined that there is noncompliance with the apprenticeship ratio in Section 6026(a). The LAS shall work with the local appointing authority, within the provisions of the Memorandum of Understanding, to correct the noncompliance.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6027. Apprentice Assignment Restrictions.
Note • History
(a) No apprentice shall be assigned to work at a camp where there is no on-duty or immediately available journeyperson, first-line supervisor, or second-line supervisor in the camp.
(b) During the first six months of apprenticeship, apprentices should not be assigned to work first watch housing units unless assigned to a secured workstation.
(c) No first-year apprentice shall be assigned to work in a housing unit by him/herself during second or third watch. If a first-year apprentice is assigned to work in a housing unit during second or third watch, there shall be a second-year apprentice, journeyperson, first-line supervisor, or second-line supervisor assigned to the housing unit.
(d) No apprentice shall be assigned to a position outside the scope of the Apprenticeship Program.
(e) If an apprentice is given an out-of-class training and development (T&D) assignment to any other classification, the apprentice's current apprenticeship shall be suspended, pending the apprentice's return to the original classification.
(f) If an apprentice is given a T&D assignment to an apprenticeable classification, the apprentice shall not be indentured into the second Apprenticeship Program unless the first Apprenticeship Program is canceled.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6028. Related and Supplemental Instruction.
Note • History
Apprentices shall satisfactorily complete at least 144 hours per year or 288 hours in two years of related and supplemental instruction.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3074, 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6029. Apprenticeship Work Processes.
Note • History
Each apprentice is required to spend at least a total of 3,600 hours performing tasks within all work process categories combined, and at least 24 qualifying months of experience as stated in Section 6022. The apprentice shall complete at least the minimum number of hours specified below in each individual work process category.
(a) Correctional Officer (California Department of Corrections [CDC]) Work Processes (2,400 hours):
(1) Maintain Security 1,000 hours.
(2) Supervision of Inmates/Noncustody 800 hours.
(3) Escorting/Transporting 200 hours.
(4) ReportWriting/Recordkeeping/ Communications 200 hours.
(5) Additional Experience covering other activities
related to being a Correctional Officer, but not covered
under the other work processes 200 hours.
(b) Correctional Counselor I (CDC) Work Processes (2,403 hours):
(1) Inmates Classification 1,054 hours.
(2) Report Writing 224 hours.
(3) General Counseling 402 hours.
(4) General Casework 483 hours.
(5) Court Order Service 42 hours.
(6) Additional Experience covering other activities
related to being a Correctional Counselor I, but not covered
under the other work processes 198 hours.
(c) Parole Agent I (CDC), Adult Parole (2,400 hours):
(1) Supervision of Parolees 600 hours.
(2) Report Writing/Record Keeping 500 hours.
(3) Investigations 600 hours.
(4) Arrests 400 hours.
(5) Additional Experience covering other activities related
to being a Parole Agent I, but not covered under the other
work processes 300 hours.
(d) Medical Technical Assistant, CDC (2,400 hours):
(1) Administration of Medical Treatment 700 hours.
(2) Hospital/Clinic Procedures 700 hours.
(3) Maintains Security and Discipline 300 hours.
(4) Escorting/Transporting 150 hours.
(5) Supervision of Inmates and Special Handling of
Unusual Inmates 200 hours.
(6) Report Writing/Record Keeping 150 hours.
(7) Additional Experience covering other activities
related to being a Medical Technical Assistant, but not
covered under the other work processes 200 hours.
(e) Medical Technical Assistant, CYA (2,120 hours):
(1) Searching and Securing 50 hours.
(2) Escorting and Transporting 100 hours.
(3) Supervising Wards 400 hours.
(4) Supervising Non-Ward Movements and Visitors 50 hours.
(5) Writing Reports and Correspondence 150 hours.
(6) Crisis Intervention 50 hours.
(7) Hospital Procedures/Medical Treatment 1,300 hours.
(8) Additional Assignments covering other activities
related to being a Medical Technical Assistant, but not
covered under the other work processes 20 hours.
(f) Firefighter, Correctional Facility (3,440 hours):
(1) Supervising Inmates 300 hours.
(2) Report Writing/Record Keeping/ Correspondence 400 hours.
(3) Orientation to Institution Programs 200 hours.
(4) Firefighter Safety 400 hours.
(5) Fire Apparatus, Driver/Operator 500 hours.
(6) Firefighting Equipment 900 hours.
(7) Fire Prevention/Investigation, Inspection 300 hours.
(8) Fire Command/Management 200 hours.
(9) Emergency Care of Sick and Injured 240 hours.
(g) Parole Agent I, CYA (Institution), (2,370 hours):
(1) On-the-job and Formalized Training to Youth
Correctional Counselors 200 hours.
(2) Monitor Casework Function of Youth
Correctional Counselors 500 hours.
(3) Participate in Case Conferences 300 hours.
(4) Prepare Cases for and Present Cases to the Youthful
Offender Parole Board 250 hours.
(5) Counsel Wards in Personal, Institutional, and
Family Problems 200 hours.
(6) Participate in Wards Rights Processes 100 hours.
(7) Searching and Securing 50 hours.
(8) Escorting and Transporting 50 hours.
(9) Supervising Wards 100 hours.
(10) Crisis Intervention 100 hours.
(11) Writing Reports and Correspondence 500 hours.
(12) Additional Experience covering other activities
related to being an institutional Parole Agent, but not
covered under the other work processes 20 hours.
(h) Parole Agent I, CYA (Field), (2,350 hours):
(1) Supervision of Parolees 900 hours.
(2) Service Provision including employment,
educational, and vocational assistance to parolees,
counseling for parolees and their families, and assistance
to crime victims 450 hours.
(3) Report Writing/Record Keeping 250 hours.
(4) Investigations/Case Conference Youthful Offender
Parole Board (YOPB) 550 hours.
(5) Additional Experience covering other activities
related to being a field Parole Agent, but not covered
under the other work processes 200 hours.
(i) Youth Correctional Counselor, CYA (2,110 hours):
(1) Security and Operations 250 hours.
(2) Escorting and Transporting Wards, Equipment, and
Evidence 100 hours.
(3) Supervision of Groups and Individuals
(Wards and Public) 1,050 hours.
(4) Writing and Recordkeeping 350 hours.
(5) Professional Development 60 hours.
(6) Casework 300 hours.
(j) Youth Correctional Officer, CYA (2,110 hours):
(1) Security and Operations 250 hours.
(2) Escorting and Transporting Wards, Equipment, and
Evidence 100 hours.
(3) Supervision of Groups and Individuals
(Wards and Public) 1,050 hours.
(4) Writing and Recordkeeping 350 hours.
(5) Professional Development 60 hours.
(6) Casework 300 hours.
(k) Casework Specialist, CYA (2,770 hours):
(1) Casework Planning and Management 1,000 hours.
(2) Counseling/Crisis Intervention 500 hours.
(3) Prepare and Present Cases to the YOPB 300 hours.
(4) Writing Reports and Correspondence 800 hours.
(5) Safety and Security of Facilities and Wards 100 hours.
(6) Ward Rights Processes 50 hours.
(7) Additional Experience covering other activities
related to being a Casework Specialist, but not covered
under the other work processes 20 hours.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Sections 13600 and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 4. Journeypersons
§6030. Return from Separation/Remediation.
Note • History
Once an employee has attained journeyperson status, they shall remain a journeyperson. The Director or designee may require a journeyperson returning from separation or remediation to take remedial or supplemental courses. If a journeyperson has been employed outside the employee's Correctional Peace Officer journeyperson classification for more than three years, the employee may be required to attend and pass the academy training relevant to the job classification pursuant to Penal Code Section 832.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New article 4 (section 6030) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 5. First-line Supervisors
§6040. First-line Supervisors' Apprenticeship Responsibilities.
Note • History
Each first-line supervisor, as a part of the training and supervision of apprentices, shall:
(a) Review each apprentice's daily record sheet, DAS 103-A (Apprentice Record Book, Rev. 3-89).
(b) In conjunction with the Local Apprenticeship Subcommittee, propose a plan for remediation when an apprentice is not in compliance with the Apprenticeship Program as stated in 6021(c) of these regulations.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
HISTORY
1. New article 5 (sections 6040-6041) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6041. First-line Supervisors' Apprenticeship Training.
Note • History
Each first-line supervisor, as a part of mandated training pursuant to state and federal statutes and regulations and procedures, shall complete Apprenticeship Program related and supplemental training.
(a) Apprenticeship Program related training.
(b) Performance appraisal system training.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 6. Apprenticeship Program Coordinators
§6050. Apprenticeship Program Coordinators' Responsibilities.
Note • History
The following are responsibilities of each employing agency's Apprenticeship Program Coordinator:
(a) Maintain copies of all Local Apprenticeship Subcommittees' (LAS) minutes and forward copies to the Commission on Correctional Peace Officer Standards and Training (CPOST) and the Division of Apprenticeship Standards (DAS);
(b) Act as a standing advisory member to the CPOST;
(c) Advise the local appointing authority or designee regarding CPOST Apprenticeship Program requirements;
(d) Act as an advisor and trainer to the LAS;
(e) Provide program support in conducting compliance reviews of each department's apprenticeship program;
(f) Act as liaison between the employing agency, the CPOST and the DAS;
(g) Forward correspondence to the CPOST and/or the DAS; and
(h) Maintain copies of apprenticeship agreements and other required documentation.
(i) Provide a copy of the CPOST Regulations, Operating Procedures and Apprenticeship Standards to each apprentice before indenture.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New article 6 (section 6050) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 7. Nondisciplinary Controversies
Note • History
(a) Nondisciplinary controversies, disputes, or differences concerning programs under the Commission on Correctional Peace Officer Standards and Training (CPOST) involving the interpretation, application, or enforcement of the regulations and operating procedures of the CPOST shall be resolved in accordance with this article. An apprentice may appeal a denial of a pay step increase by the local appointing authority in accordance with State law or the Memorandum of Understanding. Complaints filed under the purview of the Department of Industrial Relations' Division of Apprenticeship Standards shall be pursued according to the California Code of Regulations, Title 8, Division 1, Chapter 2, Sections 201 through 203. Nondisciplinary controversies, disputes, or differences not identifying a CPOST program, shall be returned to the sender, or referred to the employing department or labor union for response.
(b) The petitioner may choose his/her own representative or legal counsel who will serve at the petitioner's expense.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code; and Section 3081, Labor Code.
HISTORY
1. New article 7 (sections 6060-6063) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§6061. Appeals to the Local Apprenticeship Subcommittees.
Note • History
(a) A formal petition shall be filed by a petitioner within 10 working days after the action, event, or circumstances occasioning the petition; within 10 working days of an alleged violation of the Commission on Correctional Peace Officer Standards and Training (CPOST) regulations or operating procedures; or within 10 working days of when knowledge of the action, event, circumstances, or alleged violation should have been acquired.
(b) The formal petition shall be in writing, and shall be filed with the Local Apprenticeship Subcommittee (LAS).
(c) The LAS shall meet with the petitioner prior to responding to the petition. In the case where the petitioner is a group, the LAS may meet with a representative of the group.
(d) Within 10 working days after receipt of the formal written petition, the LAS shall act upon the petition and respond in writing to the petitioner as the first level of response. Decisions at this level shall be considered nonprecedential unless otherwise specified by the CPOST.
(e) A copy of the petition and decision of the LAS shall be attached and incorporated into the minutes of the LAS.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
(a) A petitioner may appeal the decision rendered by the Local Apprenticeship Subcommittee (LAS), pursuant to Section 6070, to the local appointing authority or their designee within 10 working days after receipt of the decision.
(b) The formal petition shall be in writing and the petitioner shall forward copies of all relevant documentation to the local appointing authority or their designee.
(c) Within 10 working days of receipt of the appeal by the local appointing authority, the LAS shall forward all documents relevant to the petition and their first level response to the local appointing authority.
(d) The local appointing authority or their designee, if requested by the petitioner, shall meet with the petitioner prior to responding to the petition.
(e) The local appointing authority or their designee shall meet with the LAS prior to responding to the petition.
(f) Within 10 working days after receipt of the appealed petition, the local appointing authority or their designee shall act upon the petition and respond in writing to the petitioner as the second level of response. Decisions at this level shall be considered nonprecedential unless otherwise specified. If specified precedential, then the decision shall only be precedential for that local appointing authority.
(g) A copy of the petition and decision of the local appointing authority shall be forwarded to the LAS and incorporated into the minutes of the LAS.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Note • History
(a) A petitioner may appeal the decision rendered by the local appointing authority pursuant to Section 6070 to the Commission on Correctional Peace Officer Standards and Training (CPOST) within 10 working days after receipt of the decision. The appeal shall be submitted to the CPOST Executive Board, in care of the CPOST Executive Director's office. Appeals shall be sent registered or certified mail, return receipt requested, or with a proof of service of mailing. The petitioner shall forward copies of all relevant documentation to the CPOST Executive Board.
(b) The Local Apprenticeship Subcommittee, within 10 working days of receipt of the appeal to the CPOST Executive Board, shall forward copies of all relevant documentation to the CPOST Executive Board.
(c) The CPOST Executive Board shall respond in writing to the petitioner within 45 working days after receipt of the appeal.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 8. Layoffs
Note • History
If for any reason a layoff of an apprentice occurs, the apprenticeship agreement shall remain in effect unless canceled by the Director of Industrial Relations or his Division of Apprenticeship Standards designee.
NOTE
Authority cited: Section 13600, Penal Code. Reference: Section 13601, Penal Code.
HISTORY
1. New article 8 (section 6070) and section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Division 7. Youth and Adult Correctional Agency
Chapter 1. California Department of Corrections and Rehabilitation-- Conflict-of-Interest Code
Note • History
The Political Reform Act (Government Code Sections 81000, et seq.) requires each state and local government agencies to adopt and promulgate conflict-of-interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. Sec. 18730) that contains the terms of a standard conflict-of-interest, which can be incorporated by reference in an agency's code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendices, designating positions and establishing disclosure categories, shall constitute the conflict-of-interest code of California Department of Corrections and Rehabilitation (“Department,” which also includes California Prison Health Care Services).
Individuals holding designated positions shall file their statements of economic interests with the Department, which will make the statements available for public inspection and reproduction. (Gov. Code Sec. 81008.) Upon receipt of the statements for the Secretary, all board and commission members, designees (alternates) and ex-officio members, and the Receiver's Office, the Department shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the Department.
NOTE
Authority cited: Sections 12838.5, 87300 and 87302, Government Code; and Section 5058, Penal Code. Reference: Sections 87300, 87302 and 87306, Government Code; and Section 5054, Penal Code.
HISTORY
1. New division 7 (chapter 1, section 7001 and Appendix) filed 4-15-81; effective thirtieth day thereafter. Approved by Fair Political Practices Commission 1-12-81 (Register 81, No. 16).
2. Change without regulatory effect amending section filed 8-23-91 pursuant to section 100, title 1, California Code of Regulations. Submitted to OAL for printing only (Register 91, No. 51).
3. Amendment of chapter 1 heading, section and appendix filed 11-30-95; operative 12-30-95. Submitted to OAL for printing only. Approved by Fair Political Practices Commission 10-4-95 (Register 95, No. 48).
4. Amendment of appendix filed 7-14-2000; operative 8-13-2000. Approved by Fair Political Practices Commission 2-1-2000 (Register 2000, No. 28).
5. Amendment of chapter heading and section and redesignation and amendment of appendix as appendices A (designated positions) and B (disclosure categories) filed 7-12-2006; operative 8-11-2006. Approved by Fair Political Practices Commission 5-24-2006 (Register 2006, No. 28).
6. Amendment of general provisions and Appendix A, new Appendix B and redesignation and amendment of former Appendix B as Appendix C filed 2-24-2010; operative 3-26-2010. Approved by Fair Political Practices Commission 12-23-2009 (Register 2010, No. 9).
Appendix A
DESIGNATED POSITIONS -- CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION
Designated Position (Statutory Assigned
or Working Title) Disclosure Categories
Offices of the Secretary
Includes the following areas:
Office of the Secretary
Office of Research
Office of Public & Employee Communications
Office of Legislation
Office of Legal Affairs
Office of Audits and Compliance
Office of Internal Affairs
Office of the Ombudsman
Office of Civil Rights
Correctional Health Care Services
ν Div. of Correctional Health Care Services
Administrative Assistant to the Director 3
Assistant Chief Counsel 1
Assistant Deputy Director 1
Assistant Director 1
Assistant Secretary 1
Associate Director 1
Associate Governmental Program Analyst(s) (Contract,
Business/Fiscal, Facility, Telecommunications) 3
CEA I, II, III, IV 1
Chief 1
Chief Counsel 1
Chief Dentist 3
Chief Deputy Administrator 3
Chief Deputy General Counsel 1
Chief Deputy Secretary 1
Chief Information Officer 1
Chief of Staff 1
Chief Medical Officer 3
Chief Physician and Surgeon 3
Chief Ombudsman 1
Chief Psychiatrist 3
Chief Psychologist 3
Clinical Program & Policy Coordination Manager 3
Clinical Program Support & Evaluation Manager 3
Correctional Administrator 1
Correctional Captain (headquarters) 3
Correctional Health Services Administrators 3
Correctional Lieutenant (headquarters) 3
Data Processing Manager II, III, IV 3
Dental Director 1
Deputy Chief of Staff 1
Deputy Director 1
Deputy Press Secretary 1
Deputy Statewide Dental Director 1
Director 1
General Counsel 1
Grants Administrator 1
Health Program Manager I, II, III 3
Nursing Consultant, Program Review 3
Ombudsman 1
Pharmacists 3
Pharmacy Service Manager 3
Press Secretary 1
Receiver's Medical Executive 1
Regional Administrator 1
Regional Medical Directors 1
Secretary/Chief Executive Officer 1
Senior Information Systems Analyst (Supervisor) 3
Senior Policy Advisor 1
Senior Programmer Analyst (Supervisor) 3
Senior Psychiatrist 3
Senior Psychologist 3
Senior Staff Counsel 1
Staff Counsel (all levels) 1
Staff Services Analyst(s) (Contract, Business/Fiscal,
Facility, Telecommunications) 3
Staff Services Manager I, II, III 3
Statewide Dental Director 1
Statewide Director of Nursing 1
Statewide Mental Health Program Director 1
Systems Software Specialist II (Supervisory) 3
Undersecretary 1
All negotiators of Contracts for goods and services 3
(Is involved as a state employee (any classification) in the functions of negotiation or signing any contract awarded through competitive bidding, in making decisions in conjunction with the competitive bidding process, or in negotiation, signing, or making decisions on contracts executed pursuant to Section 10122 of the Public Contract Code).
Consultant(s) *
Operations
Includes the following areas:
Adult Operations
ν Div. of Adult Institutions
ν Div. of Adult Parole Operations
Office of Correctional Safety
Division of Juvenile Justice
ν Div. of Juvenile Facilities
ν Administration & Operations
ν Div. of Juvenile Programs
ν Div. of Juvenile Parole Operations
Adult Programs
ν Div. of Rehabilitative Programs
ν Div. of Program Planning & Accountability
Administrator/Chief, Food Services 3
Assistant Chief of Education 1
Assistant Deputy Director 1
Assistant Director, Juvenile Facilities 1
Assistant Secretary 1
Assistant Superintendent 1
Associate Construction Analyst (institutions/headquarters) 3
Associate Director 1
Associate Director/Superintendent of Education 1
Associate Governmental Program Analyst(s) (Contract, Business/Fiscal,
Facility, Telecommunications) 3
Associate Warden (Correctional Administrators) 3
Business Manager I, II 3
Business Services Officer (all levels) 3
CEA I, II, III, IV 1
Chief 1
Chief Dentist 3
Chief Deputy Administrator 3
Chief Deputy Secretary 1
Chief Deputy Warden 1
Chief Engineer 3
Chief Medical Officer 3
Chief of Plant Operations (all levels) 3
Chief of Security (juvenile institutions) 3
Chief Physician and Surgeon (institutions/headquarters) 3
Chief Psychiatrist (institutions/headquarters) 3
Chief Psychologist (institutions/headquarters) 3
Correctional Administrators 1
Correctional Business Manager I, II 1
Correctional Captain (headquarters) 3
Correctional Food Manager I, II 3
Correctional Health Services Administrators (institutions/headquarters) 3
Correctional Lieutenant (headquarters) 3
Correctional Plant Manager I, II 1
Culinary Arts Instructor (juvenile institutions) 3
Data Processing Manager II, III, IV 3
Dentist (juvenile institutions) 3
Deputy Director 1
Deputy Regional Administrator 1
Director 1
Food Administrator I 3
Food Manager 3
Health Program Manager I, II, III 3
Juvenile Justice Food Administrator 3
Materials and Stores Supervisor (Canteen) 3
Medical Director 1
Mental Health Program Director 3
Parole Administrator I, II 3
Parole Agent III 3
Pharmacist I, II 3
Pharmacy Service Manager 3
Physician & Surgeon 3
Prison Canteen Manager I, II 3
Procurement and Services Officer (all levels) 3
Program Administrator 3
Psychologist (institutions/headquarters) 3
Regional Administrators 3
Senior Psychiatrist (institutions/headquarters) 3
Senior Psychologist (institutions/headquarters) 3
Site Principals (juvenile) 3
Staff Psychiatrist (institutions/headquarters) 3
Staff Services Analyst(s) (Contract, Business/Fiscal, Facility,
Telecommunications) 3
Staff Services Manager I, II, III 3
Superintendent 1
Supervisor of Building Trades 3
Training Officer I, II (juvenile institutions) 3
Treatment Team Supervisor (Camp Assistant Superintendent) 3
Undersecretary 1
Warden 1
Youth Authority Administrator 3
All negotiators of Contracts for goods and services 3
(Is involved as a state employee (any classification) in the functions of negotiation or signing any contract awarded through competitive bidding, in making decisions in conjunction with the competitive bidding process, or in negotiation, signing, or making decisions on contracts executed pursuant to Section 10122 of the Public Contract Code).
Consultant(s) *
Administration
Includes the following areas:
Division of Support Services
ν Human Resources
ν Regulations and Policy Management Branch
ν Fiscal Services
ν Business Services
Facility Planning, Construction & Management
ν Facilities Management
ν Planning, Acquisition and Design
ν Finance, Administration and Support Services
ν Project Construction Management
Office of Labor Relations
Enterprise Information Services
Office of Victim & Survivor Rights & Services
Assistant Chief 3
Assistant Deputy Director 1
Assistant Secretary 1
Associate Business Management Analyst 3
Associate Construction Analyst 3
Associate Director 1
Associate Governmental Program Analyst(s) (Contract, Business/Fiscal,
Facility, Telecommunications) 3
Associate Industrial Hygienist 1
Associate/Senior Architect 1
Associate/Senior Civil Engineer 1
Associate/Senior Electrical Engineer 1
Associate/Senior Mechanical Engineer 1
Branch Chief 1
Business Services Assistant 3
Business Manager I, II 3
Business Services Officer I, II, III 3
Capital Outlay Analyst 1
Capital Outlay Program Manager 1
Chief 1
Chief Deputy Administrator 3
CEA I, II, III, IV 1
Chief Deputy Secretary 1
Chief Deputy Warden 1
Chief Engineer 1
Chief Learning Officer, Office of Training & Professional Development 1
Construction Supervisor I/II/III 1
Contracts & Procurement Manager 3
Correctional Administrator 1
Correctional Business Manager 1
Correctional Captain (headquarters) 3
Correctional Lieutenant (headquarters) 3
Correctional Plant Managers 1
Data Processing Manager II, III, IV 3
Deputy Director 1
Director 1
Energy Resource Specialist 3
Equipment Maintenance Supervisor 1
Fiscal & Special Projects Manager 3
Infrastructure Planning Manager 3
Labor Relations Manager 3
Procurement and Services Manager 1
Procurement and Services Officer 1
Program Equipment Manager 3
Project Director 1
Project Support Manager 3
Radio, Telecommunications Systems Analyst 3
Radio, Telecommunications Systems Managers 3
Senior Architect 1
Staff Information Systems Analyst 3
Staff Services Analyst(s) (Contract, Business/Fiscal, Facility,
Telecommunications) 3
Staff Services Manager I, II, IIII 3
Supervising Architect 1
Supervising Civil Engineer 1
Supervising Construction Engineer 1
Supervising Electrical Engineer 1
Supervising Environmental Planner 1
Supervising Mechanical Engineer 1
Telecommunications Systems Managers 3
Undersecretary 1
All negotiators of Contracts for goods and services 3
(Is involved as a state employee (any classification), in the functions of negotiation or signing any contract awarded through competitive bidding, in making decisions in conjunction with the competitive bidding process, or in negotiation, signing, or making decisions on contracts executed pursuant to Section 10122 of the Public Contract Code).
Consultant(s) *
Prison Industry Authority
Assistant General Manager 3
Branch Managers 3
Business Services Officer I 3
Chief 3
General Manager 1
Manager-Marketing & Business Analysis 3
Prison Industry Administrator 1
Prison Industry Manager 3
Sales Manager 3
Service Contract Manager 3
Consultant(s) *
Board of Parole Hearings
Associate Chief Deputy Commissioner 3
Associate Governmental Program Analyst(s) (Contract, Business/Fiscal,
Facility, Telecommunications) 3
Chief Deputy, Field Operations 3
Chief Deputy, Program Operations 3
Chief, Forensic Assessment Division 3
Chief, Investigations 3
Chief, Northern Hearings 3
Chief, Sexually Violent Predator/Mentally Disordered Offender Division 3
Chief, Southern Hearings 3
Chief, Workforce Planning 3
Commissioner 1
Deputy Commissioner/Board Representative 3
Executive Officer 1
Staff Services Analyst(s) (Contract, Business/Fiscal, Facility,
Telecommunications) 3
Staff Services Manager I, II, III 3
Consultant(s) *
Corrections Standards Authority
All members of an Executive Steering Committee 1
Board Member(s) ** 1
Deputy Director 1
Executive Director 1
Executive Assistant 3
Field Representatives 3
Special Assistant 3
Consultant(s) *
Juvenile Parole Board
Associate Chief Deputy Commissioner 3
Chief Deputy Commissioner 3
Commissioner 1
Deputy Commissioner/Board Representative 3
Executive Officer 1
Consultant(s) *
Prison Industry Board
Board Members(s) ** 1
Consultant(s) *
State Commission on Juvenile Justice
Member, Juvenile Justice Commission** 1
Consultant(s) *
Sex Offender Management Board
Board Member(s)** 1
Consultant(s) *
* Consultants:
Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:
The Chief Executive Officer/Secretary of the Department may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chief Executive Officer's/Secretary of the Department's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008).
** Any person holding this position who is already filing a statement with full disclosure and statewide jurisdiction and that statement is forwarded to the Fair Political Practices will not have to file an additional statement under the provisions of this conflict-of-interest code.
Appendix B
DESIGNATED POSITIONS -- CALIFORNIA PRISON HEATH CARE SERVICES
Designated Position (Statutory Assigned
or Working Title) Disclosure Categories
Receiver's Office
Receiver 1
Receiver Chief Deputy 1
Accountant 1
C.E.A. -- Chief of Strategic Planning/Evaluation 1
C.E.A. -- Director of Communications/Public Information Officer 1
C.E.A. -- Director of Community Outreach 1
Chief Medical Information Officer 1
Coordinator, Investigation & Discipline 1
Director, Construction Oversight and Activation 1
Director, Health Information Integration 1
Director, Medical Services 1
Senior Counsel 1
Staff Attorney 1
Consultant(s) *
Administrative Support
Associate Governmental Program Analyst/Staff Services Analyst,
Centralized Purchasing 3
Associate Governmental Program Analyst/Staff Services Analyst,
Fleet & Specialty Purchasing 3
Associate Governmental Program Analyst/Staff Services Analyst,
Non-Medical Service Contracts 3
Associate Governmental Program Analyst/Staff Services Analyst,
Pilot Bids 1 3
Associate Governmental Program Analyst/Staff Services Analyst,
Pilot Bids 2 3
Associate Governmental Program Analyst/Staff Services Analyst,
Pilot Medical Contracts 3
Associate Governmental Program Analyst/Staff Services Analyst,
Post Review Unit 3
Associate Governmental Program Analyst/Staff Services Analyst,
Specialty Medical Unit 1 3
Associate Governmental Program Analyst/Staff Services Analyst,
Specialty Medical Unit 2 3
Associate Governmental Program Analyst/Staff Services Analyst,
Specialty Medical Unit 3 3
Associate Governmental Program Analyst/Staff Services Analyst,
Support Services Unit 3
C.E.A. -- Invoice Processing 1
C.E.A. -- Associate Director, Fiscal Management 1
C.E.A. -- Business Operations 1
C.E.A. -- Contracts & Health Care 1
C.E.A. -- Director, Administrative Support 1
C.E.A. -- Regional Administrator, Central 1
C.E.A. -- Regional Administrator, North 1
C.E.A. -- Regional Administrator, Southern 1
C.E.A. -- Support Operations 1
Correctional Administrator, Quality Management Assistance Program --
Northern Region 1
Correctional Administrator, Quality Management Assistance Program --
Central Region 1
Correctional Administrator, Quality Management Assistance Program --
Southern Region 1
Correctional Health Services Administrator II -- Central Region 2
Correctional Health Services Administrator II -- Northern Region 2
Correctional Health Services Administrator II -- Southern Region 2
Health Program Manager II, Healthcare Invoice 2
Manager, Electronic Data Processing Acquisition, Contracts & Invoice
Processing 2
Senior Planner (Specialist) -- Capital Outlay Services 2
Staff Services Manager I, Administration 2
Staff Services Manager I, Centralized Purchasing 2
Staff Services Manager I, Clinical Support Unit -- Central Region 2
Staff Services Manager I, Clinical Support Unit -- Northern Region 2
Staff Services Manager I, Clinical Support Unit -- Southern Region 2
Staff Services Manager I, Correspondence & Reproduction Services 2
Staff Services Manager I, Fleet & Specialty Purchasing 2
Staff Services Manager I, Non-Medical Services Contracts 2
Staff Services Manager I, Office of Fiscal Field Support Services 1 2
Staff Services Manager I, Office of Fiscal Field Support Services 2 2
Staff Services Manager I, Office of Fiscal Field Support Services 3 2
Staff Services Manager I, Office of Invoice Processing 1 2
Staff Services Manager I, Office of Invoice Processing 2 2
Staff Services Manager I, Office of Invoice Processing 3 2
Staff Services Manager I, Office of Invoice Processing 4 2
Staff Services Manager I, Office of Invoice Processing 5 2
Staff Services Manager I, Office of Invoice Processing 6 2
Staff Services Manager I, Office of Policy & Training Services 1 2
Staff Services Manager I, Office of Policy & Training Services 2 2
Staff Services Manager I, Office of Special Projects 2
Staff Services Manager I, Pilot Bids 1 2
Staff Services Manager I, Pilot Bids 2 2
Staff Services Manager I, Pilot Medical Contracts 2
Staff Services Manager I, Post Review Unit 1
Staff Services Manager I, Space Management Services 2
Staff Services Manager I, Specialty Medical Unit 1 2
Staff Services Manager I, Specialty Medical Unit 2 2
Staff Services Manager I, Specialty Medical Unit 3 2
Staff Services Manager I, Support Services Unit 3
Staff Services Manager II, Business Services 1
Staff Services Manager II, Fiscal Field Support 2
Staff Services Manager II, Fiscal Policy, Training & Special Projects 2
Staff Services Manager II, Invoice Processing Unit 1
Staff Services Manager II, Medical Contracts Section 1 2
Staff Services Manager II, Medical Contracts Section 2 2
Staff Services Manager II, Procurement Services 1
Consultant(s) *
Construction, Oversight, & Activation
C.E.A. -- Deputy Director, Transition Planning 1
Correctional Health Services Administrator I, Transition Planning 1
Staff Services Manager I, Capital Cost Management 2
Staff Services Manager I, Project Manager 2
Consultant(s) *
Custody Support Services Division
Chief Deputy Administrator, Correctional Program, C.E.A. 1
Correctional Administrator, Access Units, Development & Compliance 2
Correctional Administrator, Construction Upgrade 2
Correctional Administrator, Operations/Projects 2
Consultant(s) *
Information Technology
C.E.A. -- Chief Information Officer 1
C.E.A. -- Deputy Chief Information Officer 1
C.E.A. -- Deputy Director, Enterprise Architecture & Change Management 1
C.E.A. -- Project Management Officer 1
C.E.A. -- Transition Team -- New Facilities 10 K Project 1
Data Processing Manager I, Application Development 2
Data Processing Manager I, IT Operations 2
Data Processing Manager I, New Facilities 10 K Project 2
Data Processing Manager II, Health Care Information Technology 2
Data Processing Manager III, HQ Field Support/System Deployment 2
Data Processing Manager III, IT Field Support Central Region 2
Data Processing Manager III, IT Field Support Northern Region 2
Data Processing Manager III, IT Field Support Southern Region 2
Data Processing Manager III, Project Management & Oversight 2
Staff Services Manager I, IT Policy & Process Engineering 2
Staff Services Manager II, IT Policy & Process Engineering 2
Consultant(s) *
Human Resources
C.E.A. -- Chief, Planning & Innovation -- New Facilities 1
C.E.A. -- Deputy Director, CPHCS Personnel Services & Staff
Development Branch 1
C.E.A. -- Deputy Director, New Facilities 1
C.E.A. -- Deputy Director, Workforce Development 1
C.E.A. -- Director, Human Resources 1
C.E.A. -- Executive Exam Services 1
C.E.A. -- Regional Personnel Administrator Central Region 1
C.E.A. -- Regional Personnel Administrator Northern Region 1
C.E.A. -- Regional Personnel Administrator Southern Region 1
C.E.A. -- Workforce Planning Central 1
C.E.A. -- Workforce Planning North 1
C.E.A. -- Workforce Planning South
C.E.A. --New Facilities 1
Staff Services Manager I, Classification & Pay 2, 4
Staff Services Manager I, Labor & Discipline 2, 4
Staff Services Manager I, Program Support 2
Staff Services Manager I, Project Management 2
Staff Services Manager II, Classification & Pay 2
Staff Services Manager II, Customer Service 2
Staff Services Manager II, Labor & Discipline 2, 4
Staff Services Manager II, Program Support 2
Staff Services Manager II, Recruitment Support & Outreach 2
Staff Services Manager II, Selection Services 2
Staff Services Manager II, Transactions & Benefits 3
Staff Services Manager II, Workforce Planning Central 2
Staff Services Manager II, Workforce Planning North 2
Staff Services Manager II, Workforce Planning South 2
Staff Services Manager III, Labor & Discipline 2, 4
Staff Services Manager III, New Facilities 2
Staff Services Manager III, Personnel Operations 2
Staff Services Manager III, Selection Services 2
Training Officer II, Education & Training Unit 2
Consultant(s) *
Medical Services
Associate Health Program Advisor, 3rd Level Appeals 4
Associate Health Program Advisor, Controlled Correspondence & Litigation
Support 4
C.E.A. -- Director, Field Support 1
C.E.A. -- Director, Integrated Planning & Policy 1
C.E.A. -- Medical Oversight 1
C.E.A. -- Medical Policy and Program Compliance 1
C.E.A. -- Regional Director of Nursing Central Region 1
C.E.A. -- Regional Director of Nursing Northern Region 1
C.E.A. -- Regional Director of Nursing Southern Region 1
C.E.A. -- Statewide Director of Nursing Services 1
CEA -- Director of Clinical Operations 1
Chief Deputy, Clinical Services, CF, Regional Medical Director Northern
Region 2
Chief Medical Officer, CF, Central Intake 3
Chief Medical Officer, CF, Clinical Operations Branch 3
Chief Medical Officer, CF, Clinical Services Unit (QMAT), Northern
Region 3
Chief Medical Officer, CF, Clinical Services Unit (QMAT), Southern
Region 3
Chief Medical Officer, CF, Out of State 3
Chief Medical Officer, CF, Public Health Unit 3
Chief Physician & Surgeon, Clinical Operations Branch 3
Correctional Administrator -- Chief Operating Officer 1
Health Program Manager II, 3rd Level Appeals 3, 4
Health Program Manager II, Centralized Health Records 2
Health Program Manager II, Credentialing & Privileging 3
Health Program Manager II, Policy Development 2
Health Program Manager II, Program Compliance Central 2
Health Program Manager II, Program Compliance North 2
Health Program Manager II, Program Compliance Southern 2
Health Program Manager II, Program Compliance 2
Health Program Manager III, Controlled Correspondence & Litigation
Management 2
Health Program Specialist I, 3rd Level Appeals 4
Health Program Specialist I, Controlled Correspondence & Litigation
Support 4
Nurse Consultant, Program Review, 3rd Level Appeals 3, 4
Nursing Consultant, Program Review, Telemedicine Services 3
Physician & Surgeon, CF, Internal Medicine/Family Practice, 3rd
Level Appeals 3, 4
Physician & Surgeon, IM/FP, Northern Region 3
Physician & Surgeon, IM/FP, Southern Region 3
Physician & Surgeon, Telemedicine 3
Receiver's Clinical Executive, All positions 1
Receiver's Medical Executive, Central Region 1
Receiver's Medical Executive, Regional Medical Director -- Central
Region 1
Receiver's Medical Executive, Regional Medical Director -- Southern
Region 1
Receiver's Medical Executive. -- Statewide Medical Director, Clinical
Operations Branch 1
Staff Services Manager I, Clinical Support 3
Staff Services Manager I, Controlled Correspondence Services 1 2, 4
Staff Services Manager I, Controlled Correspondence Services 2 2, 4
Staff Services Manager I, Controlled Correspondence Services 3 2, 4
Staff Services Manager I, Office of Death Review 2
Staff Services Manager I, Professional Development & Overview 3
Staff Services Manager II, Controlled Correspondence & Litigation Support 1
Staff Services Manager II, Professional Development & Overview 1
Consultant(s) *
Institution Medical Services
C.E.A. 1
Chief Engineer I 1
Chief Executive Officer 1
Chief Physician & Surgeon 3
Chief Psychologist 3
Clinical Psychologist 3
Correctional Health Services Administrator I 2
Correctional Health Services Administrator II 2
Health Program Manager III 2
Physician & Surgeon 3
Receiver's Clinical Executive 1
Receiver's Medical Executive 1
Receiver's Nurse Executive 1
Senior Psychiatrist (Sup) 3
Staff Psychiatrist 3
Consultant(s) *
Activation and Transition
C.E.A. -- Chief Assistant Executive, Correctional Services 1
C.E.A. -- Director, Classification Services 1
C.E.A. -- Director, Rehabilitation Services 1
C.E.A. -- Special Advisor the Director, Transition Team 1
C.E.A. -- Superintendent of Corrections Services 1
Chief Deputy, Clinical Services, CF, Executive Medical Advisor Program
Manager 1
Correctional Administrator, DOC, Director, Custody Support Division 2
Correctional Administrator, DOC, Special Assistant Rehabilitation Services 2
Correctional Business Manager I 1
Staff Services Manager III, Population Demographics 2
Consultant(s) *
* Consultants:
Consultants shall be included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:
The Chief Executive Officer/Secretary of the Department may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Chief Executive Officer's/Secretary of the Department's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code. (Gov. Code Sec. 81008).
Appendix C
DISCLOSURE CATEGORIES
Disclosure Categories
Category 1.
Interests in real property in the State of California, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
Category 2.
Investments and business positions in business entities and sources of income, including gifts, loans and travel payments, from the following types of sources:
-- Those that do business with California Prison Health Care Services
-- Those that provide goods or services to prisons
-- Those that provide any type of dental, mental, medical, or health care services or products, including prescriptions, ambulance services, and well-being programs.
Category 3.
Investments and business positions in business entities and sources of income, including gifts, loans and travel payments, that may contract with the designated position's immediate office, division or branch to provide goods, equipment, machinery or services, including training or consulting services, of the type utilized by the Department.
Category 4.
Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from sources, that filed a claim or appeal, or have a claim or appeal pending, against the Department during the previous two years.
Division 8. California Prison Industry Authority
Chapter 1. Rules and Regulations of California Prison Industry Authority
Article 1. Scope of Authority
Note • History
Board means Prison Industry Board, also known as PIB.
CALPIA means California Prison Industry Authority, also known as PIA, Prison Industry Authority.
CALPIA Program means a work program, specific to CALPIA inmates. Assorted programs within CALPIA are designed to teach inmates various trades and necessary skill sets including education and life application skills.
Enterprises mean organized business practices within CALPIA that comprise manufacturing, agriculture and various other services.
External Accreditation Certificate means a certificate issued by an accredited external organization that is under contract with CALPIA to train inmates to certain standards and then certify that the inmate is competent in a specific skill set.
General Manager means an individual appointed or contracted by the PIB to serve as the chief administrative officer of the CALPIA.
Health or Safety Complaint means any written allegation made by a CALPIA inmate worker regarding unhealthful or unsafe conditions or hazards at their place of employment.
Inmate Allocation means the current number of inmate workers needed in a specific enterprise to maintain adequate production levels, supporting the volume of sales orders and service contracts.
Inmate Candidate Pool means a pool of inmate candidates from all security level designations who have been screened by the facility/institution's Classification Committee and after program review have been found eligible for placement in CALPIA work/training programs at specific facility/institutional enterprises.
Inmate compensation means payment to the inmate worker with a graduated pay schedule based on the quality and quantity of work performed and the skill required of the inmate worker.
Learning disability means a broad range of cognitive deficits. Under the Americans with Disabilities Act of 1990 (ADA) definition, individuals with learning disabilities may have difficulty in one or more of the following: listening, speaking, reading, writing, spelling, and mathematics. They also may have problems in reasoning, remembering, organizing, managing time, and social skills. Specific learning disabilities are not the same as learning problems that result from mental retardation, blindness, deafness, or emotional disturbance.
PIB means the Prison Industry Board, also known as Board.
Prison Industries Revolving Fund means the fund described in PC 2806.
Test of Adult Basic Education (TABE) means a test designed to assess reading, mathematics, language, and spelling skills. It also assesses basic skills in work-related contexts.
Transient population means a population of inmates who are at an institution for a brief period of time such as at a reception center or inmates whose sentences are shorter in duration.
NOTE
Authority cited: Section 2808, Penal Code. Reference: Sections 2800, 2801, 2803, 2805, 2806, 2807, 2808 and 2811, Penal Code; and Sections 6303 and 6304.3, Labor Code.
HISTORY
1. New division 8, chapter 1, article 1 (sections 8000-8002) and section filed 7-2-2010; operative 8-1-2010 (Register 2010, No. 27).
2. Amendment adding definition of “Health or Safety Complaint” and amendment of Note filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
3. Amendment adding definitions of ``External Accreditation Certificate,” ``Inmate Allocation,” ``Inmate Candidate Pool,” ``Learning Disability,” ``Test of Adult Basic Education (TABE)” and ``Transient population” filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8001. California Prison Industry Authority.
Note • History
(a) The California Prison Industry Authority (CALPIA) has the authority to develop and operate, and assumes jurisdiction over industrial, agricultural, and service enterprises employing prisoners under the jurisdiction of the California Department of Corrections and Rehabilitation (CDCR) which may be located within an institution or elsewhere, as may be determined by CALPIA.
(b) CALPIA operates a work program for inmates which shall be self-supporting by generating sufficient funds from the sale of products and services to pay all program expenses, and provides goods and services which are or will be used by CDCR, thereby reducing the cost of CDCR's operation.
(1) Pursuant to PC sections 2804 and 2806 the Prison Industries Revolving Fund shall be used to meet the following list of operating expenses:
(A) purchasing of materials and equipment,
(B) salaries,
(C) construction,
(D) cost of administration of the prison industries program,
(E) refund deposits, and
(F) the actual and necessary expenses of travel in the commission of PIB duties that shall be paid from the Prison Industries Revolving Fund.
(c) Pursuant to the Administrative Procedure Act, the CALPIA shall create and maintain working conditions within the enterprises to assure employed inmates the opportunity to work productively, earn funds and acquire or improve effective work habits and occupational skills.
(d) CALPIA operates under a General Manager, who is appointed or contracted by the PIB to serve as the chief administrative officer.
NOTE
Authority cited: Section 2808, Penal Code. Reference: Sections 2801, 2804, 2805, 2806, 2807 and 2808, Penal Code.
HISTORY
1. New section filed 7-2-2010; operative 8-1-2010 (Register 2010, No. 27).
Note • History
(a) The PIB, in the exercise of its duties, has all the powers and can do all the things which the board of directors of a private corporation would do, except as specifically limited by PC 2808.
(b) The PIB shall meet four times during each fiscal year, or more as deemed necessary by the call of the chairperson or the majority of the PIB.
(1) Six members of the PIB, including the chairperson, or his or her designee, shall constitute a quorum.
(c) The PIB shall hold public hearings pursuant to PC 2808(h) and (i) regarding the establishment, expansion, diminishment, or discontinuance of industrial, agricultural and services enterprises under the CALPIA's jurisdiction.
(d) A General Manager is appointed or contracted by the PIB to serve as the chief administrative officer of the CALPIA.
NOTE
Authority cited: Section 2808, Penal Code. Reference Sections 2802, 2803 and 2808, Penal Code.
HISTORY
1. New section filed 7-2-2010; operative 8-1-2010 (Register 2010, No. 27).
Article 3. CALPIA Inmate Work/Training and Education
Note • History
(a) Inmates committed to the custody of the California Department of Corrections and Rehabilitation may apply to participate in CALPIA work and training programs. Inmates who have met the requirements in Section 8004.1 may be assigned to an appropriate work position allowing the inmate to earn funds and acquire or improve effective work habits and occupational skills.
(b) Inmates shall not be eligible for a CALPIA assignment under the following circumstances:
(1) Inmates serving life sentences without parole (LWOP); unless the inmate meets the exception found in 8004 (d)(4).
(2) Inmates with a history of escape; including, but not limited to an actual escape, an attempted escape, correspondence or any documentation describing an escape plan or escape contraband found in their living quarters including digging, cutting or other objects that could be used for escape;
(3) Inmates convicted of arson, elements of arson, or possession or use of explosive material, unless the arson conviction is more than 15 years prior to the date of application and all other eligibility requirements are met, then an exemption may be considered.
(c) Inmates who are otherwise eligible for a CALPIA assignment shall be restricted as follows:
(1) Inmates assigned to a work/training position within CALPIA, pursuant to Penal Code (PC) Section 5071, shall not have access to personal information of private individuals.
(2) Inmates convicted of a PC Section 290 offense shall not be assigned to the CALPIA optical program.
(3) Inmates convicted of forgery, fraud, or embezzlement shall not be assigned to the CALPIA Specialty Print Plants.
(4) Inmates convicted of computer related crimes shall not be assigned to CALPIA clerical positions.
(d) The following factors shall be taken into consideration on a case-by-case basis when determining the assignment or re-assignment of an inmate to a CALPIA program:
(1) Inmates with prior history of disciplinary actions, or disciplinary measures that resulted in removal from a CALPIA program may be considered for a re-assignment based upon the inmate's conduct of a minimum of six (6) months of disciplinary-free conduct.
(2) Inmates with Close B Custody designation may be considered for a CALPIA assignment that conforms with the requirements identified in California Code of Regulations (CCR), Title 15, Division 3, Section 3377.1(a)(4) or (5) on a case-by-case basis, with the approval of the Warden at the institution/facility.
(3) Institutions/facilities with a transient population resulting in inmate worker unavailability may utilize inmates with Life sentences, but shall not exceed twenty-five percent of the workforce per institution/facility.
(4) Institutions/facilities with a population resulting in inmate worker unavailability may utilize inmates with LWOP sentences with the approval of the Warden at the institution/facility on a case-by-case basis.
(e) Inmates placed on Immigration and Customs Enforcement (ICE) Hold status by CDCR shall not be issued a CALPIA external accredited certificate.
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2702, 2801, 2805 and 5071, Penal Code.
HISTORY
1. Amendment of article heading and new section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8004.1. CALPIA Inmate Worker Hiring Standards and Requirements.
Note • History
(a) CALPIA shall fill vacant job/training positions based on the following standards:
(1) Skill level evidenced by the inmate's technical expertise, ability, and knowledge.
(2) Behavior and relationships with others evidenced by the inmate's ability to work with staff and other authority figures, work/training supervisors, and other inmates.
(3) Attitude and adaptability evidenced by the inmate's willingness to learn, take directions, and orders.
(4) Work/training habits evidenced by the inmate's punctuality, dependability, care of equipment, and safety practices.
(5) Formal education and training evidenced by the inmate's preparation for the work/training assignment and the ability to read, write, and speak effectively.
(6) Ethnic Balance. Ethnic balance is achieved by assigning identified ethnicities for CALPIA work/training position in proportion to those represented within the inmate yards at the institution.
(b) Inmates shall meet a minimum intake requirement of two (2) years and a maximum of five (5) years from their earliest possible release date (EPRD), on the date of application for all CALPIA assignments or apprenticeship/training positions.
(c) Inmates assigned from the following locations, may utilize an alternate intake requirement of a minimum of two (2) months and a maximum of 60 months from their earliest EPRD, on the date of application:
(A) Reception Centers with a temporary or transient inmate population resulting in inmate worker unavailability.
(B) Institutions with a Level 1 inmate population.
(d) Inmates shall meet a minimum education requirement of a Test of Adult Basic Education (TARE) score of 9.0 prior to assignment.
(e) Institutions with inmate populations whose educational levels do not meet the above minimum education level and are unable to meet CALPIA workforce needs may utilize the alternate intake requirement of a TABE score of 7.0 prior to assignment to a CALPIA position.
(f) Inmates with qualified learning disabilities under the Americans with Disabilities Act of 1990 (ADA), as defined in Section 8000, and who have complied with CCR, Title 15, Division 3, Section 3085, may be accommodated with an exemption to 8004.1(d) or (e), unless the accommodation would result in financial or administrative burden, or unsafe working conditions for CALPIA.
(g) Prior to utilizing any of the above alternate intake requirements, a written waiver of authorization shall be obtained annually from the CALPIA General Manager by the Warden at each institution/facility in coordination with the CALPIA Administrator/Lead Manager at each specific enterprise.
(h) Within two years of initial CALPIA assignment, CALPIA inmate workers, regardless of their TABE score, shall be required to complete a General Education Diploma (GED) or high school diploma. CALPIA inmate workers shall remain in their current skill level, as specified in Section 8006(d)(1), while completing a GED or high school diploma and shall not be allowed to promote to a higher pay skill level until this educational requirement is satisfied.
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801 and 2805, Penal Code; Americans With Disabilities Act, Public Law 101-336, July 26, 1990, 104 Stat. 327; and Section 35.130, Title 28, Code of Federal Regulations.
HISTORY
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8004.2. Recruitment and Appointment Process.
Note • History
(a) The CALPIA Prison Industries Administrator/Lead Manager at each facility shall be responsible for coordinating the recruitment of inmates with the institution/facility's correctional counseling staff or the classification services staff.
(b) The CALPIA Inmate Worker Application Form IEP-F002, Rev. E, 9-24-2012, which is incorporated by reference, shall be made available by CALPIA staff to the inmate population throughout facilities with CALPIA enterprises.
(c) Inmates applying for a CALPIA work/training position shall complete CALPIA Form IEP-F002 and shall submit it to the correctional counselor staff at the inmate's facility.
(d) The Prison Industries Administrator/Lead Manager shall, in coordination with the correctional counselor staff, conduct a central file review, ensuring eligibility standards and requirements, in sections 8004 and 8004.1 are met.
(e) Upon confirmation of program eligibility, inmates who have applied for a CALPIA position and have been placed into CALPIA's Inmate Candidate Pool (ICP) may be assigned to an appropriate work program in accordance with California Code of Regulations (CCR), Title 15, Division 3, Section 3040(c).
(f) Upon the availability of a vacant CALPIA position, CALPIA enterprise staff shall:
(1) Request a list of eligible inmates from the ICP from the institution/facility Assignment Lieutenant responsible for maintaining the ICP list.
(2) Interview inmates from the ICP and make the final selection of inmates.
(A) ICP shall be prioritized by the following educational achievements:
1. High School Diploma or GED
2. Enrolled in GED program
3. No Diploma/GED and not enrolled in an education program
(3) Submit a final list of successful inmate applicants in writing to the institution/facility's Assignment Lieutenant.
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801 and 2805, Penal Code.
HISTORY
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8004.3. Controlled Substances/Alcohol Use.
Note • History
(a) When there is reasonable suspicion to believe that a CALPIA inmate is under the influence of a controlled substance or alcohol, CALPIA shall contact the Investigative Services Unit (ISU) Lieutenant for the purpose of testing for the presence of controlled substances or for the use of alcohol.
(b) Any inmate found to be in violation of CCR, Title 15, Division 3, Section 3016 shall be immediately removed from the CALPIA work/training program, and may be subject to the provisions of CCR, Title 15, Division 3, Section 3315, Serious Rule Violations.
(c) Any CALPIA inmate found in violation of Section 3016 shall have a minimum of six (6) months of disciplinary/drug/alcohol-free conduct and a minimum of 90 days of satisfactory work as reported prior to reapplying for a CALPIA position on an institutional Work Supervisor's Report, CDC 101 (1/92), which is incorporated by reference.
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2053, 2801, 2805 and 2808, Penal Code.
HISTORY
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8004.4. Inmate Workforce Allocation.
Note • History
(a) Prison Industries Administrators/Lead Managers at each facility shall be responsible to determine the inmate workforce allocation for each enterprise within their scope of authority.
(b) To maintain adequate production levels that support the volume of sales orders and service contracts, inmate positions shall be staffed in accordance with inmate worker hiring standards in Section 8004.1.
(c) A workforce allocation plan shall be submitted each fiscal year through the CALPIA budget process.
(d) The establishment of new or the revising of existing CALPIA inmate workforce allocations shall be accomplished as follows:
(1) New Enterprises. Prior to the activation of a new enterprise the Prison Industries Administrator/Lead Manager shall submit an inmate workforce allocation plan to the CALPIA Assistant General Manager, Operations Division via their CALPIA Enterprise Branch Manager for approval. The plan shall be jointly approved by the institution/facility's Warden or designee, and the CALPIA Assistant General Manager, Operations Division. The plan shall include:
(A) The projected total allocation of inmate workers required for each shift;
(B) A listing of positions designating no more than 25 percent of the total allocation of inmates in each of the skill level categories as specified in Section 8006(d)(1); and
(C) The job description based on the Federal Bureau of Labor Statistics' Standard Occupational Classification (SOC) for each position.
(2) Existing Enterprises with changes of 15 percent or more. Prior to any changes of an existing inmate workforce allocation plan of 15 percent or more, the Prison Industries Administrator/Lead Manager shall submit changes to the CALPIA Enterprise Branch Manager for approval. The plan shall include:
(A) The allocation of inmate workers required for each shift;
(B) The SOC job description for each position; and
(C) The justification for revising an existing inmate allocation.
(3) Existing Enterprises with changes of less than 15 percent. Prior to any changes of an existing inmate workforce allocation plan of less than 15 percent, the Prison Industries Administrator/Lead Manager shall submit an informational copy of the changes justifying the revision in the inmate workforce allocation plan to their CALPIA Enterprise Branch Manager.
(4) For existing enterprises, changes to the inmate workforce allocation plan shall be jointly approved by the institution/facility's Warden or their designee, and the Prison Industries Administrator/Lead Manager.
(e) Exceptions to the workforce staffing allocation include:
(1) Increase or decrease in the volume of sales orders or service contracts;
(2) Emergency facility lockdowns which prevent inmates from an entire skill level or security level from working at a specific enterprise; or
(3) Any security situations deemed as unsafe working conditions by CALPIA staff, including the facility Prison Industries Administrators/Lead Managers, Branch Managers, Assistant General Manager, Operations Division, General Manager, or the institution/facility staff including the Warden/Chief Deputy Warden or their designee.
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801 and 2805, Penal Code.
HISTORY
1. New section filed 2-12-2013; operative 4-1-2013 (Register 2013, No. 7).
§8006. Inmate Pay Rates, Schedule and Movement.
Note • History
(a) Inmates assigned to work programs within CALPIA shall receive compensation as determined by the General Manager and reviewed by the Prison Industry Board (PIB). Compensation shall be paid from the Prison Industries Revolving Fund, and shall be in accord with the graduated pay schedule, and based on quality and quantity of work performed, and technical skills and abilities required for its performance.
(b) Any proposed changes to the Inmate Pay Schedule shall be submitted by the General Manager to the PIB for review.
(c) Final determination of any disputes or interpretations of the Inmate Pay Schedule shall be made by the General Manager.
(d) CALPIA inmate pay rates shall be in accord with the following skill and step levels:
(1) Inmate Pay Schedule:
Skill Level Step I Step II Step III
Level 1
Leadperson (AA) $.75 $.85 $.95
Level 2
Special Skills (A) .65 .70 .75
Level 3
Technician (B) .55 .60 .65
Level 4
Semi-Skill (C) .45 .50 .55
Level 5
Laborer/Entry Trainee (D) .30 .35 .40
(e) The Prison Industries Administrator/Lead Manager at each facility shall be responsible for the administration of the CALPIA inmate pay program, ensuring pay positions are properly classified and allocated.
(f) Movement between one pay rate to another pay rate shall be based upon the following:
(1) Pay increases. Increases shall not be automatic or solely based on the inmate's longevity in an assignment. Increases in the pay rate shall be based on the inmate's productivity (quantity and quality of work performed), the supervisor's recommendation, the inmate's work/training performance report, and shall be subject to the review and approval of the Prison Industries Administrator/Lead Manager.
(A) Inmates may receive a pay increase for satisfactory performance after they complete three months of work in each step level, as described in subsection (d)(1) above.
(B) Inmate pay increases from Step I to Step II and finally Step III shall be effective upon the Prison Industries Administrator/Lead Manager approval on the first day of the following month after the pay increase is administratively processed.
(2) Pay decreases. Reduction in pay shall be based on the immediate supervisor's recommendation, inmate's less than satisfactory work performance, or inmate misconduct as described in Title 15, California Code of Regulations (CCR), Division 3, Sections 3312, 3314, or 3315.
(A) Inmate pay decreases shall be effective upon the Prison Industries Administrator/Lead Manager review and approval on the first day of the following month after the pay decrease is administratively processed.
(3) Advancement. Inmates may advance to a higher skill level, as described in subsection (d)(1), with the immediate supervisor's recommendation and based upon the inmate's demonstration of increased skill level, their work/training performance report, and shall be subject to the review and approval of the Prison Industries Administrator/Lead Manager.
(A) Inmates may advance from one skill level to the next, after they complete one month of work in their current skill level, as described in subsection (d)(1) above.
(B) Inmate advancement shall be effective upon the Prison Administrator/Lead Manager approval on the first day of the following month after the pay increase is administratively processed.
(C) An inmate's longevity shall not be used as criteria for the purpose of upgrading skill level.
(4) Removal beyond inmate control. Inmates removed from their work assignment for reasons beyond their control, including, but not limited to out-to-court or lengthy hospital stay, may return to a CALPIA assignment at the same or closest level of pay to their former position, if a position is available, via the institution classification committee process, CCR, Title 15, Division 3, Section 3040.
NOTE
Authority cited: Sections 2801, 2808 and 2811, Penal Code. Reference: Sections 2806 and 2811, Penal Code.
HISTORY
1. New section filed 3-8-2012; operative 4-7-2012 (Register 2012, No. 10).
Note • History
Unless otherwise stated in these regulations, CALPIA inmate workers are to utilize the regular appeal process which provides a remedy for inmates with identified grievances, in accordance with Title 15, Division 3, Chapter 1, Article 8 of the California Code of Regulations (CCR).
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Section 2801, Penal Code.
HISTORY
1. New article 3 (sections 8007-8008) and section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).
§8008. CALPIA Health or Safety Complaints.
Note • History
(a) A health or safety complaint, as defined in Section 8000, shall not be submitted using the regular appeal process, Title 15, Division 3, Chapter 1, Article 8 of the CCR.
(b) Any urgent health or safety situation requiring immediate response should be reported to any CALPIA staff upon the inmate's initial discovery of the situation. A written health or safety complaint should not be used by inmates as a substitute for verbally or otherwise informing staff of any urgent situation.
(c) A CALPIA inmate alleging a health or safety hazard exists in a prison industry operation shall submit a written complaint, pursuant to Labor Code (LC) 6304.3(b). The written complaint shall be deposited in a readily accessible complaint box or by the complainant personally presenting the written complaint to any CALPIA staff member.
(d) Any CALPIA staff member receiving a written health or safety complaint shall personally present the complaint to a member of the local CALPIA Safety Committee.
(e) The CALPIA Safety Committee shall review and respond to the complaint within 15 calendar days of its filing. Any action taken by the Committee shall be in accordance with Title 8, CCR, Section 344.42.
(f) If the inmate complainant is not satisfied with the CALPIA Safety Committee response, the complainant may request the complaint be forwarded to the Division of Occupational Safety and Health, pursuant to LC 6304.3(b).
NOTE
Authority cited: Sections 2801 and 2808, Penal Code. Reference: Sections 2801, 2805 and 2807, Penal Code; and Section 6304.3, Labor Code.
HISTORY
1. New section filed 6-20-2011; operative 7-20-2011 (Register 2011, No. 25).