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Full text of "California Code of Regulations, (Vol. 20), Title 15, Crime Prevention and Corrections"

■>3BL 



Barclays Official 

California 

Code of 
Regulations 



Title 15. Crime Prevention and Corrections 

Complete Title 



Vol. 20 



XHOIVISOIM 

— ^ 

\A/EST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Barclays Official California Code Of Regulations 

REVISED edition 

This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been 
published under the direction of the California Office of Administrative Law which is solely respon- 
sible for its contents. Comments or questions regarding regulations published in this edition should 
be addressed to the State of California, Office of Administrative Law, 300 Capitol Mall, Suite 1250, 
Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent 
supplements. 

OFFICIAL PUBLICATION 

Courts are required to take judicial notice of contents of regulations published in the Official Califor- 
nia Code of Regulations (Gov. Code, § 1 1344.6). Barclays Official California Code of Regulations, 
as revised April 1, 1990, has been certified by the Office of Administrative Law as the official publi- 
cation of the State of California for this purpose pursuant to title 1, California Code of Regulations, 
section 190. 

CODE SUPPLEMENTS 

Amendments to the official Code are certified weekly by the Office of Administrative Law for publi- 
cation by Barclays. These amendments, when certified and published, become part of the Official 
California Code of Regulations, beginning with Register 90, No. 14, dated April 7, 1990, and include 
all regulations filed with the Secretary of State on or after April 1, 1990. Amendment subscriptions 
to the entire revised Code, or to parts of it, are available from the publisher. For a descriptive bro- 
chure and order form, write Barclays Official California Code of Regulations, RO. Box 2008, San 
Francisco, CA 94126 or telephone 800-888-3600. 

CODE CITATION 

Cite all materials in the Official California Code of Regulations by tide number and section number. 
Example: Title 3, California Code of Regulations, section 432 (Short form: Cal. Code Regs., tit. 3, 

§ 432). 

COPYRIGHT NOTICE 

© 2008, State of California. 

This material may not be commercially reproduced or sold in print or electronic forms without 

written permission of ThomsonAVest. 



Title 15 



Crime Prevention and Corrections 



Title Table of Contents 



Title 15. Crime Prevention and Corrections 



Table of Contents 



Page 

Division 1 . Board of Corrections 1 

Chapter 1 . Board of Corrections i 

Subchapter 1 . Standards and Training of 
Local Corrections and 
Probation Officers l 

Article 1 . General Provisions l 

Article 2. Minimum Standards for 

Selection 2.1 

Article 3. Minimum Standards for 

Training 3 

Article 4. Equivalency of Training 5 

Article 5. Certification of Training 

Courses 5 

Article 6. Certificates of Completion 

of Training 6 

Article 7. Administration of Funds 7 

Article 8. Monitoring of Program 
Administration and 
Evaluation 9 

Article 9. Appeal Procedures 10 

Subchapter 2. County Correctional 
Facility Capital 
Expenditure and Youth 
Facility Fund 12 

General Provisions 12 

Ehgibility Requirements. 

Funding Allocation 13 

Apphcation for Funds and 

Grant Awards 15 

Administration of Funds and 

Project Monitoring 19 

Appeal Procedures 20 

Funding Requirements for 

Juvenile Facilities 21 

County Justice System 

Subvention Program 

Appeal Procedure 22 

Minimum Standards for 

Local Detention 

Facilities 22 

Article 1 . General Instructions 22 



Article 1. 




Article 2. 




Article 3. 




Article 4. 




Article 5. 




Article 6. 




Subchapter 


3. 


Subchapter 


4, 



Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 


Article 10. 


Article IL 


Article 12. 


Article 13. 


Article 14. 


Article 15. 


Subchapter 5 


Article 1 . 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 


Article 10. 



Page 

Inspection and Application 

of Standards 26 

Training, Personnel, and 

Management 28 

Records and Public 

Information 30 

Classification and 

Segregation 31 

Inmate Programs and 

Activities 33 

Discipline 36 

Minors in Jails 37 

Minors in Temporary Custody 

in a Law Enforcement 

Facility 39 

Minors in Court Holding 

Facilities 40 

Medical/Mental Health 

Services 40.1 

Food 40.5 

Inmate Clothing and Personal 
Hygiene 40.7 

Bedding and Linens 40.8 

Facility Sanitation and 

Safety 40.8 

Minimum Standards for 

Juvenile Facilities 40.9 

General Instructions 40.9 

Application of Standards and 
Inspections 40.12 

Training, Personnel, and 

Management 40.14 

Records and Public 

Information 40.16 

Classification and 

Segregation 40.17 

Programs and Activities 40.20 

Discipline 40.22 

Health Services 40.22 

Food 40.29 

Clothing and Personal 

Hygiene 40.31 



Page i 



(7 25 2()()S) 



Title Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Article 11. 


Article 12. 


Article 13. 


Article 14. 


Article 15. 


Subchapter 6 


Article 1. 


Article 2. 


Article 3. 



Article 4. 



Page 

Bedding and Linens 40.32 

Facility Sanitation and 

Safety 40.33 

Minors in Jails 40.33 

Minors in Temporary Custody 

in a Law Enforcement 

Facility 40.33 

Minors in Court Holding 

Facilities 40.34 

2007 Local Jail 

Construction Funding 

Program 40.35 

General Provisions 40.35 

Eligibility Requirements 40.36 

Application to Participate 

in 2007 Local Jail 

Construction Funding 

Program 40.37 

Administration of the 

Proceeds of the State Bond 

Funds and Project 

Monitoring 40.41 



Article 2. 
Article 3. 
Article 4. 



Article 5. 

Article 6. 

Article 7. 

Article 8. 
Article 9. 
Article 10. 

Article 11. 



Article 5. 


Appeal Procedures 


. . 40.42 




Division 2. 


Board of Prison Terms 


41 


Article 12 


Chapter 1. 


General 


41 




Article 1. 


Rules of Construction and 








Definitions 


41 




Article 2. 
Article 3. 


Personnel 

Policy Making Procedures 


44 

44 


Article 13 


Article 4. 


Public Participation 


45 




Article 5. 


Individual Case Decisions 


47 




Article 6. 


Appeals 


49 




Article 7. 


Multijurisdiction 




Chapter 4. 


Article 8. 


Regulations 

Information Practices Act 


50 

51 


Article 1. 








Article 2. 


Chapter 2. 


Term Decisions 


53 


Article 3. 


Article 1. 


Sentence Review 


53 




Article 2. 


Board Review of Department 




Chapter 5. 




Denial of Good Time Credit 


54 


Article 1. 


Article 3. 


Retroactive Sentencing 








Procedures 


54 


Article 2. 


Article 4. 


Multijurisdiction 

Regulations 


55 


Article 3. 


Article 5. 


Mentally Disordered Sex 




Article 4. 




Offender Term Fixing 


55 




Chapter 3. 


Parole Release 


56 


Article 5. 


Article 1. 


General 


56 





Page 

Information Considered .56 

Prisoner Rights 56.1 

Parole Consideration 
Procedures for Life 
Prisoners and Nonlife 1168 

Prisoners 56.3 

Parole Consideration 
Criteria and Guidelines for 

Life Prisoners 59 

Parole Consideration 
Procedures for ISL 

Prisoners 64 

Parole Consideration 
Criteria and Guidelines for 

ISL Prisoners 65 

Preprison Credit 71 

Release 72 

Multijurisdiction 

Regulations 72 

Parole Consideration 
Criteria and Guidelines for 
Murders Committed on or 
After November 8, 1978, and 
Specified Attempted 

Murders 74 

Parole Consideration 
Criteria and Guidelines for 
Habitual Offenders 
Sentenced to Life Terms 
Under Penal Code Section 

667.7 78 

Parole Consideration 

Criteria and Guidelines for 

Sex Offenders Sentenced to 

Life Terms Under Penal Code 

Section 667.51 81 

Postponement or Rescission of 

Release 83 

Initiating Proceedings 83 

Hearing Procedures 84 

Multi-Jurisdiction 

Regulations 85 

Parole Supervision 86 

Length and Conditions of 

Parole 86 

Reconsideration of Length 

and Conditions of Parole 89 

Discharge : 89 

Multijurisdictional 

Regulations 90 

Mentally Disordered Offender 

Certification and Hearing 

Procedures 91 



Page ii 



(7-25-2008) 



Title 15 



Crime Prevention 

Page 

Parole Revocation 93 

Parole Hold Policy 93 

Parole Violations and 

Reports 94 

Revocation Procedures 96 

Evidence 103 

Subpoenas 104 

Attorney Determinations 105 

Warrants of Arrest 106 

Multijurisdiction 

Regulations 106.1 

Parole Revocation Extension 
Procedures 106.2 

Worktime Credits 106.4 

Executive Clemency 106.4 

Certificate of 

Rehabilitation 106.4 

Traditional Pardon 

Procedures 106.4 

Battered Woman Syndrome; 

Commutation or Court 

Referral 106.5 

Foreign Prisoner Transfer 106.5 

Adult Institutions, Programs and 
Parole 107 

Rules and Regulations of Adult 
Operations and Programs 107 

Behavior 107 

DNA and Forensic 

Identification 116 

State-Issued Inmate Clothing 

and Linen m 

Work and Education 118 

Credits 121 

Food Services 132 

Personal Cleanliness 134 

Camp Assignment 135 

Alternative Sentencing 

Program 135 

The Family Foundations 

Program 136 

Intake, Release and 

Discharge of Inmates 137 

Furloughs and Temporary 

Leave 143 

Appeals 143 



and Corrections Title Table of Contents 

Page 

Subchapter 2. Inmate Resources 152 

Article 1 . Canteens 152 

Article 1 .5. Inmate Wages and Deductions 153 

Article 2. Handicraft 154 

Article 3. Library 155 

Article 4. Mail 156 

Article 5. Inmate Manuscripts 160.4 

Article 6. Legal Documents 160.4 

Article 7. Visiting 162 

Article 8. Tobacco 171 

Article 9. Personal Property 172 

Article 10. Inmate Privileges 174.2 

Subchapter 3. Inmate Activities 174.2 

Article 1 . Religious Program 174.2 

Article 1 .5. Inmate Marriages 175 

Article 2. Recreational and Physical 

Education Programs 1 75 

Article 3. Inmate Councils, Committees, 

and Activity Groups 177 

Article 4. Inmate Fund Raising 

Campaigns and the Inmate 

Welfare Fund 179 

Article 5. Institution Publications 180 

Subchapter 4. General Institution 

Regulations 180 

Article I. Public Information and 

Community Relations 180 

Article 1.5. Use of Force and Restraining 

Devices 183 

Article 1 .6. Inmate Housing 184 

Article 2. Security 184.2 

Article 3. Escapes 188.3 

Article 4. Disorders and Emergencies 188.4 

Article 5. Inmate Discipline 188.6 

Article 5.5. Restoration of Forfeited 

Worktime Credits 188.20 

Article 6. Disciplinary Detention 188.22 

Article 6.5. Behavior Management Unit 188.23 

Article 7. Segregation Housing 188.25 

Article 7.5. Execution of Death Penalty 188.33 

Articles. Medical and Dental Services 188.37 

Article 9. Mental Health Services 188.44 

Article 9. 1 . Research of Inmates/ 

Parolees 188.46 

Article 9.5. Case Records 188.46 

Article 10. Classification 188.48 



Chapter 6. 
Article 1. 
Article 2. 

Article 3. 
Article 4. 
Article 5. 
Article 6. 
Article 7. 
Article 8. 

Article 9. 

Article 10. 

Chapter 7. 
Article 1. 

Article 2. 

Article 3. 

Chapter 10. 
Division 3. 

Chapter 1. 

Article 1. 
Article 1.5. 

Article 2. 

Article 3. 
Article 3.5. 
Article 4. 
Article 5. 
Article 6. 
Article 6. 1 . 

Article 6.3. 

Article 6.5. 

Article 7. 

Article 8. 



Page iii 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Subchapter 5. Personnel 188.80 

Article 1. Wardens, Superintendents, 
Parole Region 
Administrators 188.80 

Article 2. Employees 188.81 

Articles. Employee Services 188.85 

Article 4. General Personnel 

Regulations 188.87 

Articles. Camp Regulations 188.87 

Article 6. Information Practices 188.87 

Article 7. Selection of Professional 

Consulting Services 188.88 

Article 8. Disabled Veteran Business 

Enterprise Program 188.89 

Article 9. Joint Venture Program 188.91 

Subchapter 6. Parole 188.96 

Article 1 . Parole Release 188.96 

Article 2. Illegal Aliens 188.98 

Subchapter 7. Parole Hearings Division 188.98 

Article 1 . Public Attendance at Parole 

Hearings 188.98 

Article 2. Parole Hearing Panel 

Decisions 188.98 

Article 3. Parole Hearings Division 

Appeals 188.98(a) 

Article 4. Multijurisdiction 

Regulations 188.99 

Article 5. Length and Conditions of 

Parole 188.99 

Article 6. Reconsideration of Length 
and/or Conditions of 
Parole 188.99 

Article 7. Discharge 188.100 

Article 8. Multijurisdictional 

Regulations 188.100 

Article 9. Parole Hold Policy 188.100 

Article 10. Parole Violations and 

Reports 188.101 

Article 11. Revocation Proceedings 188.101 

Article 12. Revocation and Revocation 
Extension Hearings 
Evidence 188.102 

Article 13. Subpoenas to Parole 

Revocation and Revocation 

Extension Hearings 188.102 

Article 14. Attorney Assistance at 

Hearings 188.103 

Article 15. Warrants of Arrest 188.104 



CODE OF REGULATIONS Title 15 

Page 

Article 16. Multijurisdiction 

Regulations 188.104 

Article 17. Parole Revocation Extension 

Procedures 188.104 

Article 18. Worktime Credits 188.104 

Subchapter 8. Pilot Programs 188.105 

Article 1. Pilot Programs 188.105 

Division 4. Department of the Youth 

Authority 189 

Chapter 1 . General Provisions 189 

Article 1 . Introduction 1 89 

Article 2. Use of Force 190 

Article 3. Personnel 192 

Article 5. Ward Grievance Procedure 192.1 

Article 6. Food and Nutrition 195 

Article 7. Other Standards and 

Requirements 195 

Chapter 1 .4. County Payments to Department of 

Youth Authority 197 

Subchapter 1 . Fee for Housing 197 

Article 1. General Provisions 197 

Article 2. Billing Procedures 198 

Subchapter 2. Sliding Scale for Less 

Serious Offenses 198 

Article 1 . General Provisions 198 

Article 2. Bilhng Procedures 198.1 

Chapter 1.5. Assistance to Courts When Making 

Disposition 198.2 

Article 1 . General Provisions 198.2 

Article 2. Consultation and Testimony 198.2 

Article 3. Criminal Court Request for 
Recommendation Concerning 
Recall 198.2 

Article 4. Criminal Court Referral for 

Contract Diagnostic Study 198.2 

Article 5. Criminal Court Referral for 

Amenability Determination 198.3 

Article 6. Juvenile Court Referral for 
Contract Diagnostic Studies 
and Treatment 199 

Chapter 1.6. Commitment to the Youth 

Authority 200 

Article 1 . General Provisions 200 

Article 2. Criminal Court Commitment 200 

Article 3. Juvenile Court Commitment 201 

Chapter 1 .7. Return of Wards to Court for 

Alternative Disposition 202 



Page iv 



(7-25-2008) 



Title 15 



Crime Prevention 
Page 

General Provisions 202 

Order for Return of Criminal 

Court Commitments 203 

Order for Return of Juvenile 

Court Commitments 203 

Recommendation That Criminal 

Court Recall Commitment 204 

Extended Confinement Time and 

Jurisdiction over Dangerous 

Persons 204 

General Provisions 204 

Initial Application for 

Extension 204 

Reapplication for Extension 205 

State Prison Commitment With 

Youth Authority Housing 205 

Prevention and Community 

Corrections 206 

General Provisions 206 

Appeal Hearing Procedures 206 

Status Offender Reporting 

Procedures 206 

County Correctional 

Facility Capital 

Expenditure Bond Act of 

1986 (Juvenile 

Facilities) 207 

General Provisions 207 

Allocation of Funds 207 

Eligibility for Funds 208 

Application for Funds 208 

Administration of Funds 209 

Appeal of Decisions 210 

County Correctional 

Facilities Capital 

Expenditure and Youth 

Facility Bond Act of 

1988 (Juvenile 

Facilities) 210 

General Provisions 2io 

Eligibihty for Funds 210 

Application for Funds 211 

Funding Decisions 211 

Administration of Funds 212 

Appeal of Decisions 213 

Youth Service Bureaus 213 

Definitions 213 



and Corrections 



Title Table of Contents 
Page 

Operations Standards 213 

Minimum Standards for 

Juvenile Halls 215 

Definitions 215 

Building and Grounds 215 

Administration 215 

Personnel 215 

Admission and Release of 

Minors 216 

Programs and Activities 216 

Behavior Control 216 

Health and Welfare 216 

Reports, Statistics and 

Evaluation 216 

Detention of Status 

Offenders in Juvenile 

Halls 217 

Special Purpose Juvenile 

Halls 217 

Minimum Standards for 

Juvenile Homes, Ranches, 

Camps, or Forestry 

Camps 217 

Definitions 217 

Buildings and Grounds 218 

Administration 218 

Personnel 218 

Admission and Release 218 

Program and Activities 219 

Behavior Control 219 

Health and Welfare 219 

Reports, Statistics and 

Evaluation 219 

County Contributions to 

Department of Youth 

Authority: Reduced 

County Camps Capacity 

and Increased 

Commitments 220 

General Provisions 220 

Reduction of Social Services 
Allocations 221 

Performance Monitoring 221 

County Justice System 

Subvention Program 221 

Scope 221 

Definitions 221 

General Provisions 222 



Article 1. 
Article 2. 

Article 3. 

Article 4. 

Chapter 1.8. 

Article 1. 
Article 2. 

Article 3. 
Chapter 1.9. 

Chapter 2. 

Subchapter 1. 
Article 1. 
Article 2. 

Subchapter 1.5 



Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 
Article 6. 
Subchapter 1.6, 



Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 
Article 6. 
Subchapter 2. 
Article 1. 



Article 2. 
Subchapter 3. 

Article 1. 
Article 2. 
Article 3. 
Article 4. 
Article 5. 

Article 6. 
Article 7. 
Article 8. 
Article 9. 

Article 10. 

Article 11. 
Subchapter 4. 



Article 1 . 


Article 2. 


Article 3. 


Article 4. 


Article 5. 


Article 6. 


Article 7. 


Article 8. 


Article 9. 


Subchapter 4.5 



Article 1. 
Article 2. 

Article 3. 
Subchapter 5. 

Article 1. 
Article 2. 
Article 3. 



Page V 



Title Table of Contents BARCLAYS CALIFORNIA 

Page 

Article 4. Administration 222 

Article 5. Definitions 222 

Article 6. General Provisions 223 

Article 7. Performance 223 

Article 8. Performance Monitoring 224 

Article 9. Audits 224 

Article 10. Appeal 224 

Subchapter 5. 1 . Juvenile Offender Local 
Prevention and 
Corrections Act 225 

Article 1 . General Provisions 225 

Article 2. Administration of Funding 

Program 227 

Subchapter 6. Crime and Delinquency 

Prevention 228 

Article 1 . General Provisions 228 

Article 2. Definitions 229 

Article 3. Delinquency Prevention 
Commissions' Role and 
Funding 229 

Article 4. Administration of 

Dehnquency Prevention 

Project Funds 230 

Article 5. Minimum Standards for 
Delinquency Prevention 
Project 230 

Subchapter 6.5. Minimum Standards for 
Regional Youth 
Educational Facilities 231 

Article 1 . Operation Standards 231 

Article 2. Program Description 231 

Article 3. Research, Evaluation and 

Records 232 

Article 4. Administration of Funds 232 

Article 5. Selection Criteria 237 

Article 6. Contract 237 

Article 7. Payment to Counties 237 

Subchapter 6.6. Youth Centers and Youth 

Shelters 237 

Article 1 . General Provisions 237 

Article 2. Eligibility for Funding 237 

Article 3. Application for Funds 238 

Article 4. Funding Decisions 238 

Article 5. Administration of Funds 238 

Subchapter 7. Minimum Standards for the 

Detention of Minors in Jail 240 

Article L General Provisions 240 



CODE OF REGULATIONS Title 15 

Page 

Article 2. Records and Statistics 240 

Article 3. Planning and Design 240 

Article 4. Intake and Release 241 

Article 5. Supervision of Minors 241 

Article 6. Health and Welfare 241 

Article 7. Program and Activities 241 

Subchapter 7.5. Standards for the 

Temporary Custody of 

Minors in Law 

Enforcement Facilities 242 

Article 1 . General Provisions 242 

Article 2. Temporary Custody in a Law 

Enforcement Facility 242 

Article 3. Secure Detention During 

Temporary Custody 243 

Article 4. Nonsecure Custody During 

Temporary Custody 243 

Subchapter 8. Status Offender Detention 

Grants 244 

Article 2. General Provisions 244 

Article 3. Administration of Funds 244 

Chapter 3. Institutions and Camps Services 247 

Subchapter 1 . General Provisions 247 

Article 1 . Definitions 247 

Article 2. Authority and Objectives 247 

Article 3. Diagnostic Services 247 

Article 4. Classification and 

Treatment 247 

Article 5. Disciphnary Decision Making 

System 248 

Article 6. Parole Rescission Hearings 253 

Article 7. Administrative Transfers 254 

Article 8. Escapes 255 

Subchapter 2. General Institutional 

Management Rules 256 

Article 1 . General Restrictions and 
Provisions Relating to 
Wards 256 

Article 2. Contraband and Searches 258.1 

Article 3. Ward Trust Funds, Benefit 

Funds, and Work Programs 259 

Subchapter 3. Services to Wards 260 

Article 1 . Medical and Dental Services 260 

Article 1 .5. Mental Health 262 

Article 2. Religious Services 264 

Article 3. Education Program 264.1 

Chapter 4. Parole Services 264.2 



Page vi 



(7-25-2008) 



Title 15 Crime Prevention and Corrections 

Page 

Article 1 . General Provisions 264.2 Article 3. 

Article 2. Pre-Parole Services 264.2 Article 4. 

Article 3. Parole Supervision 264.3 ^, .-, 

Article 4. Services to Parolees 264.4 . • , , 

Article 1. 

Article 5. Parole Violation, Detention * ■ , ^ 

J „ • Article 2. 

and Revocation 263 

Article 6. Parole Discharge 266 

Chapters. Youth Authority Board 266 Article 4 

Division 4.5. Youthful Offender Parole Board .... 267 

Article 5. 

Chapter 1 . General Provisions 267 Article 6 

Article 1 . Rules of Construction and 

Definitions 267 Chapter 3. 

Article 2. Powers and Duties 267 Article 1 . 

Article 3. Organization 267 

Article 4. Adoption of Policies 267 

Articles. Composition of Panels and a • i a 

T-, r Article 3. 

Referee 267 

Article 4 
Article 6. General Rules on Hearings 267 

Article 7. Appeals 268 ^^^"^^^ ^• 

Chapter 2. Board Rules Relating to Wards in Chapter 4. 

Institutions and Camps 269 Article 1 . 

Article 1 . General Provisions 269 ^, , ^ 

Chapter 5. 

Article 2. Parole Consideration Date 270 

Article 3. Offense Categories and Article!. 

Classification 271 

Article 4. Special Hearings and Actions Division 6. 

in Institutions 275 

Article 5. Referral, Rescission, and 

Release on Parole 276 Article 1 . 

Chapter 3. Board Rules Relating to Parole 277 Article 2. 

Article 1 . General Provisions 277 

Article 3. 

Article 2. Parole Violation 277 

Article 4. 

Article 3. Temporary Detention 280 

Article 5. 
Chapter 4. Discharge of Wards 280.1 . . , . 

Article 1. General Provisions 280.1 

Article 2. Classification of Discharge 280.1 Article 7. 

Division 5. Narcotic Addict Evaluation .10 

A *i- -* ^^. Article 8. 

Authority 281 

Chapter 1. General 281 Division 7. 

Article 1 . Rules of Construction and 

I^efi"^^io"s 281 Chapter!. 

Article 2. Organization and 

Composition 282 



Title Table of Contents 

Page 

Policy Making Procedures 283 

Public Participation 284 

Hearings 284 

General 284 

Release Decisions 285 

Rescission of Release 

Proceedings 286 

Outpatient/Civil Addict 

Parolee Decisions 287 

Return Decisions 289 

Subpoenas 291 

Outpatient Supervision 292 

Conditions of Release/ 

Parole 292 

Participation in Methadone 
Maintenance 294 

Want Notices and Holds 294 

Violations and Reports 295 

Out of State Supervision 296 

Appeals 297 

General 297 

Discharge of Civil Addict 

Commitments 297 

General 297 

Commission on Correctional 
Peace Officer Standards and 
Training 299 

General 299 

Local Apprenticeship 

Subcommittees 300 

Apprentices 300 

Journeypersons 303 

First-line Supervisors 303 

Apprenticeship Program 

Coordinators 304 

Nondisciplinary 

Controversies 304 

Layoffs 305 

Youth and Adult Correctional 
Agency 307 

California Department of 

Corrections and Rehabilitation — 

Conflict of Interest Code 307 



Page vii 



(7 25 201)8) 



JDSl 



Barclays Official 

California 

Code of 
Regulations 



Title 15. Crime Prevention and Corrections 

Division 1. Board of Corrections 



Vol. 20 



XHOIVISOM 

^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 15 



Board of Corrections 



Table of Contents 



Division 1. Board of Corrections 

Table of Contents 



Page 

Chapter 1 . Board of Corrections i 

§ 1. Conflict of Interest Code. 

Appendix 1 

Subchapter 1 . Standards and Training of 
Local Corrections and 
Probation Officers i 

Article 1 . General Provisions 1 

§ 100. Introduction 

§ 101. Objectives. 

§ 102. Definitions. 

§103. Technical Assistance and 

Consultation. 

§ 104. Waiver. 

§105. Administrative Manual. 

§ 106. Severability. 

Article 2. Minimum Standards for 

Selection 2.1 

§130. Purpose of Article. 

§131. Minimum Selection Standards. 

§ 132. Counties and Cities with Existing 

Selection Standards. 
§ 133. Effective Term of Selection 

Standards. 

Article 3. Minimum Standards for 

Training 3 

§169. Purpose of Article. 

§170. Administrative Manual. 

§171. Training Courses. 

§172. Training Required. 

§ 173. Probation Officer Core Course. 

§174. Advanced Probation Officer 

Course. 
§ 175. Supervisory Probation Officer 

Course. 
§ 176. Juvenile Counselor Core Course. 

§177. (Optional) Basic Juvenile 

Institutions Night Attendant Course. 
§ 178. Supervisory Juvenile Institutions 

Course. 
§ 179. Corrections Officer Core Course. 

§ 1 80. Corrections Officer Basic Academy 

Supplemental Core Course. 
§181. Supervisor Core Course. 

§182. Manager/ Administrator Core 

Course. 
§183. Administrator Core Course. 

§ 1 84. Annual Required Training. 

§185. Deadhne for Compliance. 

§ 186. Exemptions to Advanced Courses. 

Article 4. Equivalency of Training 5 

§ 200. General Provisions. 

§ 201 . Equivalency of Basic Probation 

Officer Course. 
§ 202. Equivalency of Basic Juvenile 

Institutions Course. 
§ 203. Equivalency of (Optional) Basic 

Juvenile Institutions Night 

Attendant Course. 
§ 204. Equivalency of Basic City Jails 

Course. 



Page 



§ 205. 
§206. 
§207. 
§208. 
§209. 



Article 5. 



§230. 


§231. 


§ 232. 


§233. 


§ 233.5, 


§234. 


§ 235. 


Article 6. 


§260. 


§261. 


§262. 


§263. 


Article 7. 


§290. 


§291. 


§292. 


§293. 


§294. 


§ 295. 


§296. 


§297. 


§298. 


§299. 


§300. 


§301. 


§302. 


§ 302.5 


§ 303. 


§304. 


§ 305. 


§306. 


§307. 



§308. 



Article 8. 



Equivalency of Basic Jails/Adult 

Institutions Course. 

Equivalency of Basic Supervisory 

Course. 

Equivalency of Management 

Course. 

Equivalency of Administrator 

Course. 

Termination Date of Equivalency 

Process. 

Certification of Training 
Courses 



Purpose. 

Certification of Courses. 

Application for Certification of 

Course. 

Regular Certification and 

Revocation. 

Provisional Certification. 

Attendance Determined by Counties 

and Cities. 

Auditing of Courses. 

Certificates of Completion 

of Training 

Purpose of Article. 

Certificates of Completion of 

Training. 

Specialized Course Completion 

Certificates. 

Revocation of Certificate. 



§315. 
§316. 



Administration of Funds 

Purpose of Article. 

Adherence to Standards. 

Exclusion of "POST" Subvented 

Courses. 

Use of Funds for Matching Grant 

Funding. 

Adoption of County Ordinance. 

Application. 

Date for Submission of Application. 

Approval of Application. 

Calculation of Available Funds. 

Allocation and Use of Funds Based 

on Training Plan. 

Quarterly Disbursement of Funds. 

Separate Account in County or City. 

Reallocation of Funds. 

Special Allocation of Funds. 

Quarterly Report. 

Modification of Training Plan. 

Unused Funds. 

Annual Financial Statement. 

Maintenance of Accounting 

Records. 

County/City Withdrawal from 

Program. 

Monitoring of Program 

Administration and 

Evaluation 

Purpose of Article. 
Manual. 



Page i 



(7 25 -2I)()S) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Page 



Page 



§317 


Records. 


§ 558 


§318 


Monitoring of Program. 


§560 


§319 


Auditing of Records. 


§562 


§320 


Program Evaluation. 


§564 


§321 


Monitoring of Program. 


§566 


§322 


Auditing of Records. 


§567 


§ 323 


Program Evaluation. 


§568 


Article 9. 


Appeal Procedures ic 


, § 570 

' § 572 


§ 350 


Purpose of Ailicle. 


§574 


Jj 350 


5. Manual. 




§ 351 


Definitions. 


Article 5. 


i^352 


Levels of Appeal. 


§576 


§ 353 


Appeal to the Executive Officer. 


§578 


§ 354 


Executive Officer Appeal 


§580 




Procedures. 


§582 


i^ 355 


Executive Officer's Decision. 


§584 


§ 356 


Request for Appeal Hearing by 






Board. 


§586 


§ 357 


Board Hearing Procedures. 


§588 


§ 358 


Board of ConecUons Decision. 




Subchapter 2. 


County Correctional 


§590 
§592 



Article 1. 

§ 500. 
§ 506. 
§ 508. 

Article 2. 

§510. 
§512. 
§514. 
§516. 

§518. 
§520. 

§522. 

§ 524. 
Article 3. 

§526. 

§528. 
§ 530. 
§532. 
§534. 

§536. 

§ 538. 

§ 539. 
§540. 

§ 542. 
§544. 
§ 546. 

§ 548. 

§548.1. 

§549. 
§ 550. 
§552. 



Article 4. 



Facility Capital 
Expenditure and Youth 
Facility Fund 



12 



12 



General Provisions 

Purpose. 

Definitions. 

Interpretation of Regulations. 

Ehgibility Requirements. 

Funding Allocation 13 

Purpose. 

Eligibility Requirements. 

Matching Fund Requirements. 

Use of County Correctional Facility 

Capital Expenditure and Youth 

Facility Funds. 

Funding Criteria. 

Application Funding Ranks. 

Restrictions and Changes in 

Application Funding Ranks. 

Allocation Guidelines. 

Application for Funds and 
Grant Awards 



Article 6. 

§ 594. 
§ 596. 
§ 598. 

Subchapter 3. 



§900. 
§901. 
§902. 

Subchapter 4. 



Fund Payments. 

Accounting. 

Annual Financial Statement. 

Final Financial Statement. 

Monitoring of Process. 

Completion of Project. 

Project Modifications. 

Audits. 

Unused Funds. 

County Withdrawal from Program. 

Appeal Procedures 

Purpose. 

Definitions. 

Levels of Appeal. 

Appeal to the Executive Officer. 

Executive Officer Appeal 

Procedures. 

Executive Officer's Decision. 

Request for Appeal Hearing by 

Board. 

Board Hearing Procedures. 

State Board of Corrections' 

Decision. 

Funding Requirements for 
Juvenile Facilities 

Definition. 

Eligibility Requirements. 

Recommendafions of the Juvenile 

Justice Commission. 

County Justice System 

Subvention Program 

Appeal Procedure 

Purpose. 

Definitions. 

Appeal Hearing Procedure. 

Minimum Standards for 
Local Detention 
Facilities 



20 



21 



15 



§ 554. 
§556. 



Purpose. 

Application Process. 

Pre-Applicadon Notice. 

Application Document. 

The Corrections Needs Assessment 

Study. 

Minor Corrections Needs 

Assessment Study. 

Major Corrections Needs 

Assessment Study. 

Master Site Plan. 

Review and Modification of 

Applicafions. 

Contract Elements. 

Fund Award Conditions. 

Adherence to "Minimum Standards 

for Local Detention Facilities." 

Preparation of Architectural 

Drawings and Specifications. 

Staffing Plan/Operating Cost 

Analysis. 

Construction Cost Norms. 

Construction of Jails. 

Variance. 

Administration of Funds and 
Project Monitoring 

Purpose. 

Disbursement of Funds. 



Article 1. 


General Instructions 


§ 1000. 


Statutory Authority. 


§ 1001. 


Introduction. 


§ 1004. 


Severability. 


§ 1005. 


Other Standards and Requirements. 


§ 1006. 


Definitions. 


§ 1007. 


Pilot Projects. 


§ 1008. 


Alternate Means of Compliance. 


Article 2. 


Inspection and Application 




of Standards 


§ 1010. 


Applicability of Standards. 


§1011. 


Variances. 


§ 1012. 


Emergency Suspensions of 




Standards or Requirements. 


§ 1013. 


Criminal History Information. 


§ 1014. 


Inspections. 


§ 1015. 


Exclusions. 


§ 1016. 


Contracts for Local Detention 




Facilities. 


§ 1018. 


Appeal. 


Article 3. 


Training, Personnel, and 




Management 



22 
27 



26 



28 



19 



§ 1020. 
§ 1021. 
§ 1022. 

§ 1023. 
§ 1024. 

§ 1025. 
§ 1026. 
§ 1027. 



Corrections Officer Core Course. 
Jail Supervisory Training. 
Type IV Facility Operations 
Training. 

Jail Management Training. 
Court Holding and Temporar>' 
Holding Facility Training. 
Continuing Professional Training. 
In-Service Training. 
Number of Personnel. 



Page ii 



(7-25-2008) 



Title 15 



Board of Corrections 



Table of Contents 



Page 



Page 



§ 1028. 
§ 1029. 
§ 1030. 

§ 1031. 



§ 1032. 


§ 1033. 


§ 1034. 


icle 4. 


§ 1040. 


§ 1041. 


§ 1042. 


§ 1043. 


§ 1044. 


§ 1045. 


5$ 1046. 


§ 1047. 



Article 5. 



§ 1050. 
§ 1051. 
§ 1052. 
§ 1053. 
§ 1054. 

§ 1055. 
§ 1056. 
§ 1057. 
§ 1058. 
§ 1059. 

Article 6. 

§ 1060. 
§ 1061. 
§ 1062. 
§ 1063. 
§ 1064. 
§ 1065. 
§ 1066. 
§ 1067. 
§ 1068. 
§ 1069. 
§ 1070. 

§ 1071. 
§ 1072. 
§ 1073. 

Article 7. 

§ 1080. 
§ 1081. 
§ 1082. 
§ 1083. 

§ 1084. 

Article 8. 

§ 1100. 
§1101. 

§ 1102. 
§ 1103. 
§ 1104. 
§ 1105. 
§ 1106. 
§ 2120. 

§1121. 



30 



31 



Fire and Life Safety Staff. 

Poliey and Procedures Manual. 

Type IV Facility Policy and 

Procedures Manual. 

Policy and Procedures Manual for 

Temporary Holding and Short Term 

Confinement Facilities. 

Fire Suppression Preplanning. 

Inmate Grievance Procedure. 

Report of Population, Progi'ams, and 

Services. 

Records and Public 

Information 

Population Accounting. 

Inmate Records. 

Type IV Fiscal Records. 

Inmate Welfare Fund — Accounting. 

Incident Reports. 

Public Information Plan. 

Death in Custody. 

Serious Illness or Injury of a Minor 

in an Adult Detention Facility. 

Classification and 

Segregation 

Classification Plan. 

Communicable Diseases. 

Mentally Disordered Inmates. 

Administrative Segregation. 

Administrative Removal — Type IV 

Facility. 

Use of Safety Cell. 

Use of Sobering Cell. 

Developmentally Disabled Inmates. 

Use of Restraint Devices. 

DNA Collection, Use of Force. 



Inmate Programs and 

Activities 33 

Inmate Work Assignment Plan. 

Inmate Education Plan. 

Visiting. 

Correspondence. 

Library Service. 

Exercise and Recreation. 

Books, Newspapers and Periodicals. 

Access to Telephone. 

Access to the Courts and Counsel. 

Inmate Orientation. 

Individual/Family Service 

Programs. 

Voting. 

Religious Observances. 

Inmate Grievance Procedure. 

Discipline 36 

Rules and Disciplinary Penalties. 
Plan for Inmate Discipline. 
Forms of Discipline. 
Limitations on Disciplinary 
Actions. 
Disciplinary Records. 

Minors in Jails 37 

Purpose. 

Restrictions on Contact with Adult 

Prisoners. 

Classification. 

Release Procedures. 

Supervision of Minors. 

Recreation Programs. 

Disciplinary Procedures. 

Education Program for Minors in 

Jails. 

Health Education for Minors in 

Jails. 



§ 1160. 
§1161. 
§1162. 
§1163. 

Article 11. 

§ 1200. 
§ 1201. 



§ 1202. 


§ 1203. 


§ 1204. 


§ 1205. 


§ 1206. 


§ 1206.5. 


§ 1207. 


§ 1207.5, 


§ 1208. 


§ 1209. 


§ 1210. 


§ 1211. 


§ 1212. 


§ 1213. 


§ 1214. 


§ 1215. 


§ 1216. 


§ 1217. 


§ 1218. 


§ 1219. 


§ 1220. 


§ 1230. 


icle 12. 


§ 1240. 


§ 1241. 


§ 1242. 


§ 1243. 


§ 1245. 



§ 1122. 


Reproductive Information and 




Services for Minors in Jails. 


§ 1123. 


Health Appraisals/Medical 




Examinations for Minors in Jails. 


§ 1124. 


Prostheses and Orthopedic Devices 




for Minors in Jails. 


§ 1125. 


Psychotropic Medications for 




Minors in Jail. 


icle 9. 


Minors in Temporary Custody 




in a Law Enforcement 




Facility 39 


§ 1140. 


Purpose. 


§ 1141. 


Minors Arrested for Law Violations. 


§ 1142. 


Written Policies and Procedures. 


§ 1143. 


Care of Minors in Temporary 




Custody. 


§ 1144. 


Contact Between Minors and Adult 




Prisoners. 


§ 1145. 


Decision on Secure Detention. 


§ 1146. 


Conditions of Secure Detention. 


§ 1147. 


Supervision of Minors Held Inside a 




Locked Enclosure. 


§ 1148. 


Supervision of Minors in Secure 




Detention Outside of a Locked 




Enclosure. 


§ 1149. 


Criteria for Non-Secure Custody. 


§1150. 


Supervision of Minors in 




Non-Secure Custody. 


§ 1151. 


Intoxicated and Substance Abusing 




Minors in a Lockup. 


icle 10. 


Minors in Court Holding 




Facilities 40 



Purpose. 

Conditions of Detention. 

Supervision of Minors. 

Classification. 

Medical/Mental Health 

Services 40.1 

Responsibility for Health Care 

Services. 

Health Care Services — Type IV 

Facilities. 

Health Service Audits. 

Health Care Staff Qualifications. 

Health Care Staff Procedure. 

Medical/Mental Health Records. 

Health Care Procedures Manual. 

Management of Communicable 

Diseases in a Custody Setting. 

Medical Receiving Screening. 

Special Mental Disorder 

Assessment. 

Access to Treatment. 

Mental Heath Services and Transfer 

to Treatment Facility. 

Individualized Treatment Plans. 

Sick Call. 

Vermin Control. 

Detoxification Treatment. 

Informed Consent. 

Dental Care. 

Pharmaceutical Management. 

Psychotropic Medications. 

Inmate Deaths. 

Suicide Prevention Program. 

First Aid Kit(s). 

Food Handlers. 



Food 



40.5 



Frequency of Serving. 

Minimum Diet. 

Menus. 

Food Service Plan. 

Kitchen Facilities, Sanitation, and 

Food Storage. 



Page iii 



(7 2.^ 2()(m) 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Page 



Page 



§ 1246. 


Food Serving and Supervision. 




§ 1247. 


Disciplinary Isolation Diet. 




§ 1248. 


Medical Diets. 




§ 1249, 


Food Cost Accounting System. 




Article 13. 


Inmate Clothing and Personal 






Hygiene 


40.7 


§ 1260. 


Standard Institutional Clothing. 




§1261. 


Special Clothing. 




§ 1262. 


Clothing Exchange. 




§ 1263. 


Clothing Supply. 




§ 1264. 


Control of Vermin in Inmates 
Personal Clothing, 




§ 1265. 


Issue of Personal Care Items. 




§ 1266. 


Showering. 




§ 1267. 


Hair Care Services. 




Article 14. 


Bedding and Linens 


40.8 


§ 1270. 


Standard Bedding and Linen Issue. 




§ 1271. 


Bedding and Linen Exchange. 




§ 1272. 


Mattresses. 




Article 15. 


Facility Sanitation and 






Safety 


40.8 


§ 1280. 


Facility Sanitation, Safety, and 
Maintenance. 




§1281. 


First Aid Kit(s). 




§ 1282. 


Self-Contained Breathing 
Apparatus. 




Subchapter 5. 


Minimum Standards for 






Juvenile Facilities 


40.9 


Article 1. 


General Instructions 


40.9 


§ 1300. 


Severability. 




§ 1301. 


Other Standards and Requirements. 




§ 1302. 


Definitions. 




§ 1303. 


Pilot Projects. 




§ 1304. 


Alternate Means of Compliance. 




Article 2. 


Application of Standards and 






Inspections 


40.12 


§1310. 


Applicability of Standards. 




§1311. 


Emergency Suspension of Standards 
or Requirements. 




§1312. 


Juvenile Criminal History 
Information. 




§ 1313. 


County Inspection and Evaluation of 
Building and Grounds. 




§1314. 


Appeal. 




Article 3. 


Training, Personnel, and 






Management 


40.14 



§ 1320. 
§1321, 
§ 1322, 

§ 1323, 
§ 1324, 
§ 1325, 
§ 1326, 
§ 1327, 
§ 1328. 



Article 4. 



§ 1340, 
§ 1341, 



§ 1342, 
§ 1343, 



Article 5. 



Appointment and Qualifications, 

Staffing, 

Child Supervision Staff Orientation 

and Training, 

Fire and Life Safety. 

Policy and Procedures Manual. 

Fire Safety Plan. 

Security Review. 

Emergency Procedures. 

Safety Checks. 

Records and Public 

Information 40.16 

Reporting of Legal Actions. 

Death and Serious Illness or Injury 

of a Minor While Detained. 

Population Accounting. 

Juvenile Facility Capacity. 

Classification and 

Segregation 40.17 



§ 1350. 
§1351. 
§ 1352. 



Admittance Procedures. 
Release Procedures, 
Classificafion, 



§ 1353, 


Orientation. 


§ 1354. 


Segiegation. 


§ 1355. 


Institutional Assessment and Plan. 


§ 1356. 


Counseling and Casework Services. 


§ 1357. 


Use of Force. 


§ 1358. 


Use of Physical Restraints. 


§ 1359. 


Safety Room Procedures. 


§ 1360. 


Searches. 


§ 1361. 


Grievance Procedure. 


§ 1362. 


Reporting of Incidents. 


§ 1363. 


Use of Reasonable Force to Collect 




DNA Specimens, Samples, 




Impressions. 


Article 6. 


Programs and Activities 


§ 1370. 


Education Program. 


§ 1371. 


Recreation and Exercise. 


§ 1372. 


Religious Program. 


§ 1373, 


Work Program. 


§ 1374, 


Visiting. 


§ 1375, 


Correspondence. 


§ 1376. 


Telephone Access. 


§ 1377, 


Access to Legal Services. 


§ 1378. 


Social Awareness Program. 


Article 7. 


Discipline 


§ 1390. 


Discipline. 


§ 1391. 


Discipline Process. 


Article 8. 


Health Services 


§ 1400. 


Responsibility for Health Care 




Services, 


§ 1401. 


Pafient Treatment Decisions, 


§ 1402. 


Scope of Health Care, 


§ 1403. 


Health Care Monitoring and Audits, 


§ 1404, 


Health Care Staff Qualifications, 


§ 1405, 


Health Care Staff Procedures, 


§ 1406, 


Health Care Records, 


§ 1407, 


Confidentiality, 


§ 1408, 


Transfer of Health Care Summary 




and Records, 


§ 1409, 


Health Care Procedures Manual, 


§ 1410. 


Management of Communicable 




Diseases. 


§ 14II. 


Access to Treatment, 


§ 1412. 


First Aid and Emergency Response, 


§ 1413. 


Individualized Treatment Plans, 


§ 1414. 


Health Clearance for In-Custody 




Work and Program Assignments, 


§ 1415. 


Health Education, 


§ 1416. 


Reproductive Services, 


§ 1417. 


Pregnant Minors, 


§ 1430. 


Intake Health Screening, 


§ 1431. 


Intoxicated and Substance Abusing 




Minors, 


§ 1432, 


Health Appraisals/Medical 




Examinations, 


§ 1433, 


Requests for Health Care Services, 


§ 1434, 


Consent for Health Care, 


§ 1435, 


Dental Care, 


§ 1436, 


Prostheses and Orthopedic Devices, 


§ 1437, 


Mental Health Services and Transfer 




to a Treatment Facility, 


§ 1438, 


Pharmaceufical Management, 


§ 1439. 


Psychotropic Medications. 


§ 1450. 


Suicide Prevention Program. 


§ 1452. 


Collection of Forensic Evidence. 


§ 1453. 


Sexual Assaults. 


§ 1454. 


Participation in Research. 


Article 9. 


Food 


§ 1460. 


Frequency of Serving. 


§ 1461. 


Minimum Diet. 


§ 1462. 


Medical Diets. 


§ 1463. 


Menus. 


§ 1464. 


Food Service Plan, 


§ 1465. 


Food Handlers Education and 




Monitoring, 



40,20 



40.22 



• 



40.29 



Page iv 



(7-25-2008) 



Title 15 



Board of Corrections 



Table of Contents 



Page 



1466. 



Kitchen Facilities, Sanitation, and 
Food Storage. 



§ 1467. 


Food Serving and Supervision. 


Article 10. 


Clothing and Personal 




Hygiene 40.31 


§ 1480. 


Standard Facility Clothing Issue. 


§ 1481. 


Special Clothing. 


§ 1482. 


Clothing Exchange. 


§ 1483. 


Clothing, Bedding and Linen 




Supply. 


§ 1484. 


Control of Verinin in Minors' 




Personal Clothing. 


§ 1485. 


Issue of Personal Care Items. 


§ 1486. 


Personal Hygiene. 


§ 1487. 


Shaving. 


§ 1488. 


Hair Care Services. 


Article 11. 


Bedding and Linens 40.32 


§ 1500. 


Standard Bedding and Linen Issue. 


§ 1501. 


Bedding and Linen Exchange. 


§ 1502. 


Mattresses. 


Article 12. 


Facility Sanitation and 




Safety 40.33 


§ 1510. 


Facility Sanitation, Safety and 




Maintenance. 


§ 1511. 


Smoke Free Environment. 


Article 13. 


Minors in Jails 40.33 


§ 1520. 


Purpose. 


§ 1521. 


Restrictions on Contact with Adult 




Prisoners. 


§ 1522. 


Classification. 


§ 1523. 


Release Procedures. 


§ 1524. 


Supervision of Minors. 


§ 1525. 


Recreation Programs. 


§ 1526. 


Visiting. 


§ 1527. 


Disciplinary Procedures. 


Article 14. 


Minors in Temporary Custody 




in a Law Enforcement 




Facility 40.33 


§ 1540. 


Purpose. 


«! 1541. 


Minors Arrested for Law Violations. 


§ 1542. 


Written Policies and Procedures. 


§ 1543. 


Care of Minors in Temporary 




Custody. 


§ 1544. 


Contact Between Minors and Adult 




Prisoners. 


§ 1545. 


Decision on Secure Detention. 


§ 1546. 


Conditions of Secure Detention and 




Non-Secure Custody. 


§ 1547. 


Supervision of Minors Held Inside a 




Locked Enclosure. 


§ 1548. 


Supervision of Minors in Secure 




Detention Outside of a Locked 




Enclosure. 


§ 1549. 


Criteria for Non-Secure Custody. 


§ 1550. 


Supervision of Minors in 




Non-Secure Custody. 


Article 15. 


Minors in Court Holding 




Facilities 40.34 


§ 1560. 


Purpose. 


§ 1561. 


Conditions of Detention. 



§ 1562. 
§ 1563. 
§ 1564. 
§ 1565. 
§ 1567. 

Subchapter 6. 



Article 1. 

§ 1700. 
§ 1706. 

Article 2. 

§ 1712. 
§ 1714. 

Article 3. 



§ 1730. 
§ 1731. 
§ 1740. 
§ 1747. 
§ 1747.5. 

§ 1748. 



§ 1749. 

§ 1750. 

§1751. 
§ 1752. 
§ 1753. 
§ 1754. 



Article 4. 



§ 1756. 



§ 1757. 


§ 1760. 


§ 1766. 


§ 1767. 


§ 1768. 


§ 1770. 


§ 1772. 


icle 5. 


§ 1776. 


§ 1778. 


§ 1788. 


§ 1790. 


§ 1792. 



Page 

Training. 

Supervision of Minors. 

Classification. 

Incident Reports. 

Suicide Prevention Prograin. 

2007 Local Jail 

Construction Funding 

Program 40.35 

General Provisions 40.35 

Purpose. 
Definitions. 

Eligibility Requirements 40.36 

Eligibility Requirements. 
Matching Fund Requirements. 

Application to Participate 

in 2007 Local Jail 

Construction Funding 

Program 40.37 

Proposal. 

Needs Assessment Study. 

Proposal Evaluation Criteria. 

Pre-Funding Requirements. 

Requirements for the Siting 

Agreement. 

Requirements for the Project 

Delivery and Construction 

Agreement. 

Submittal of Architectural 

Drawings and Specifications. 

Staffing Plan/Operating Cost 

Analysis. 

General County Requirements. 

Ground Lease. 

Right of Entry for Construction. 

Facility Sublease. 

Administration of the 

Proceeds of the State Bond 

Funds and Project 

Monitoring 40.41 

Disbursement of the Proceeds from 

the Lease-Revenue Bond Funds. 

Pooled Money Investment Board. 

Accounfing. 

Monitoring of Process. 

Completion of Project. 

Project Modifications. 

Audits. 

Unused Proceeds of 

Lease-Revenue Bonds. 

Appeal Procedures 40.42 

Purpose. 
Definitions. 

Request for Corrections Standards 
Authority Appeal Hearing. 
Corrections Standards Authority's 
Hearing Procedures. 
Corrections Standards Authority's 
Decision. 



Page 



Title 15 



Board of Corrections 



§102 



TITLE 15. CRIME PREVENTION AND CORRECTIONS 



Division 1 . Board of Corrections 



Chapter 1 . Board of Corrections 

§ 1 . Conflict of interest Code. 

The Political Reform Act. Government Code Sections 81000, et seq., 
requires state and local government agencies to adopt and promulgate 
conflict of interest codes. The Fair Political Practices Commission has 
adopted a regulation, 2 California Code of Regulations, Section 1 8730, 
which contains the terms of a standard conflict of interest code, which can 
be incorporated by reference, and which may be amended by the Fair 
Political Practices Commission to conform to amendments in the Politi- 
cal Reform Act after public notice and hearings. Therefore, the terms of 
2 California Code of Regulations. Section 18730 and any amendments 
to it duly adopted by the Fair Political Practices Commission, along with 
the attached Appendix in which officials and employees are designated 
and disclosure categories are set forth, are hereby incorporated by refer- 
ence and constitute the conflict of interest code of the Board of Correc- 
tions. 

Designated employees shall file statements of economic interests with 
the Board of Corrections. Upon receipt of the statements of the Board 
Members, the Board shall make and retain a copy and forward the origi- 
nal of these statements to the Fair Political Practices Commission. State- 
ments for all other designated employees will be retained by the Board 
and made available for public inspection and reproduction (Government 
Code Section 81008). 

Appendix 

Designated Positions 

Members Appointed by Governor 
Executive Officer 
Deputy Director 
Field Representative 
Consultant* 



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). 

Subchapter 1. Standards and Training of 
Local Corrections and Probation Officers 



*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 Officer may determine in writing that a particular consul- 
tant, 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 deter- 
mination shall include a description of the consultant's duties and, based 
upon that description, a statement of the extent of disclosure require- 
ments. The Executive Officer'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 ser- 
vices, or a firm offering consulting services in the field of criminal jus- 
tice, and is doing, is planning to do, or has within the preceding two years 
done business within the State of California. 

History 

] . 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). 



Article 1. General Provisions 

§ 100. Introduction 

The purpose of these regulations is to implement and make specific 
Chapter 1 148 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 3 of Title 7 of Part 3 of the Penal Code entitled "Stan- 
dards 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 Board of Corrections, hereafter referred to as the Board, for funds 
for training of eligible corrections officers, juvenile counselors, and pro- 
bation officers to improve the level of competence of such staff. Such 
application and approval is governed by these regulafions and proce- 
dures 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 desig- 
nated by law of the penalty assessments on bail forfeitures and fines le- 
vied 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: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

History 

1. New Subchapter 1, Articles 1-9 (Sections 100-358, not con.secutive) 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 re- 
pealed 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). 

§101. Objectives. 

The objective of the program of standards and training of local correc- 
tion and probation officers is to raise the level of competence of such offi- 
cers. This objecfive is carried out by: 

(a) Establishing minimum standards for selection and training of cor- 
rections officers, juvenile counselors and probation officers, and 

(b) Allocadng available funds to local correctional institutions, local 
juvenile institutions, and local probadon departments of a county or city 
which formally agrees to adhere to the standards and requirements estab- 
lished by the Board. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

History 

1. Amendment filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

2. Amendment of subsection (b) filed 7-1-96; operative 7-31-96 (Register 96, 
No. 27). 

§102. Definitions. 

(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 



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(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 depart- 
ment and includes the following types of positions: 

( 1 ) County Sheriff 

(2) Undersheriff/Assistant Sheriff 

(3) Chief Deputy or Commander in charge of multi-detention facili- 
ties 

(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, juve- 
nile 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 Board of Corrections, a unit of the Youth 
and Adult Correctional Agency. 

(e) "Certified Course" is a formal program of instruction approved by 
the Board for training of corrections and probation officers. 

(1") "Department" means a probation department, sheriff s department, 
county correctional agency, or city police department established pur- 
suant 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 de- 
tention facility. Included are titles such as correctional lieutenant, cap- 
tain, and commander. 

(i) "Eligible staff means those persons who meet all of the following 
criteria for full or limited participation. 

(l)Full participation: 

Are employed full time or as regular part time employees provided that 
at least 5 1 % of their working hours are in a local detention facility, proba- 
tion 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 administra- 
tive 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 obhgation such as a contract, purchase order, or other commit- 
ment 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 regula- 
tions nor has completed one-year continuous employment in an adult de- 
tention facility which is preparatory to advancement to the journey level 
correctional officer. Incumbents learn procedures and techniques of cus- 
tody, supervision and counseling of inmates. 



(/) "Entry Juvenile Counselor" is a position in which the incumbent 
has not fully complied with Section 131(a) (1 through 7) of these regula- 
tions nor has completed one-year continuous employment in a juvenile 
institution which is preparatory to the journey level counselor. Incum- 
bents 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 1 3 1 (a) ( 1 through 7) of these regulations 
nor has completed one-year continuous employment in a probation de- 
partment which is preparatory to advancement to the journey level 
deputy probation officer. Incumbents learn to perform complex investi- 
gations and casework supervision. 

(n) "First Level Supervisory Position" is a position in which the in- 
cumbent plans, assigns, and reviews the work of entry/journey level em- 
ployees of a department. Typical titles include supervising probation of- 
ficer 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 de- 
partment which are eligible for funding under the act, e.g., entry proba- 
tion officer, journey juvenile counselor, supervising corrections officer, 
probation manager, etc. 

(p) "Journey Corrections Officer" is a position in an adult detention fa- 
cility which, with minimal supervision, performs the full range of custo- 
dy, supervision, and counseling of inmates and have complied with Sec- 
tion 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, su- 
pervision and counseling of juvenile offenders and has complied with 
Section 131 of these regulations. Incumbents may also have lead respon- 
sibility. 

(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 depart- 
ment'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 apphcation. 

(v) "Training Provider" means a college, department, person, or orga- 
nization authorized by the Board to conduct certified courses. 
NOTE: Authority cited: Section 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 1 2-1-80 (Register 80, No. 
49). 

2. Amendment of subsection (i) filed 5-7-82; effecUve thirtieth day thereafter 
(Register 82, No. 19). 

3. Amendment filed 1 0-22-86: designated effective 7-1-87 (Register 87, No. 22). 

4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 

§ 103. Technical Assistance and Consultation. 

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 Pro- 
gram. 



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Title 15 



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§130 



NOTIi: 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). 

§104. Waiver. 

(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 de- 
partment 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 (Reaister 80, 
No. 49). 

2. Amendment of subsection (b) filed 10-22-86; designated effective 7-1-87 
(Register87, No. 22). 

3. Amendment of section heading and section filed 7-1-96; operative 7-31-96 
(Register96, No. 27). 

§105. Administrative Manual. 

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). 

§106. Severability. 

If any article, section, subsection, sentence, clause or phrase of these 
regulations is for any reason held to be unconstitutional, contrary to stat- 
ute, exceeding the authority of the Board, or otherwise inoperative, such 
decision shall not affect the validity of the remaining portion of those reg- 
ulations. 

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 

§ 130. Purpose of Article. 

The purpose of this article is to set forth the minimum selection stan- 
dards which will assure and/or increase the level of competence of per- 
sons selected for entry probation officer positions, entry juvenile coun- 
selor 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). 



[The next page is 3.] 



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§173 



§131. Minimum Selection Standards. 

(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 correc- 
tions 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 exami- 
nation. An alternative examinadon may be substituted pursuant to Sec- 
tion 132. 

(2) Competence in oral communication as demonstrated in an inter- 
view. 

(3) Past behavior compatible to job requirements as demonstrated by 
a background investigation. 

(4) Competence in the knowledge, skills and abilities necessary for en- 
try-level job performance, as demonstrated by successful completion of 
the required core curriculum. 

(5) Competence in the performance of entry-level duties as demon- 
strated by successful completion of the probationary period. 

(6) The abihty 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 com- 
mensurate with the needs of the individual job classifications of each 
county or city. The level of competence in (a)( 1 ) above shall be commen- 
surate to the cutoff score that is chosen by the county or city and is consis- 
tent 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. 

(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 selec- 
tion 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 stan- 
dards 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 1 0-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

2. Amendment of subsections (a)(l)-(2) and (b) filed 7-1-96; operative 7-31-96 
(Register 96, No. 27). 



§ 133. Effective Term of Selection Standards. 

The selection standards described in Section 1 3 1 shall remain in effect 
until modified by the Board. TTie Board may modify the selection stan- 
dards consistent with future job analyses data collection, revalidation re- 
search, 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 

§ 1 69. Purpose of Article. 

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 estab- 
lished in a manner to provide maximum flexibility for instruction and en- 
courage the use of varied instructional methods. 

NOTE: Authoritv cited: Section 6035. Penal Code. Reference: Section 6036, Penal 
Code. 

History 

1. Certificate of Compliance including new secfion filed 12-1-80 (Resister 80. 
No. 49). 

2. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 
19). 

§170. Administrative Manual. 

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). 

§171. Training Courses. 

(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 effecfive 7-1-87 (Register 87, No. 22). 

3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 

§172. Training Required. 

The training requirements set forth in these regulations are mandatory 
for all eligible staff employed by participating county and city depart- 
ments and are in addition to any other training required by law. 

NOTE: Authority cited: Secfion 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 effecfive 7-1-87 (Register 87, No. 22 ). 

4. Repealer of subsection (a) designator, amendment of former subsection (a) and 
repealer of subsecfion (b) filed 7-1-96; operative 7-31-96 (Register 96, No. 

27). 

§173. Probation Officer Core Course. 

The probation officer core course consists of a minimum of 1 74 hours 
of instruction in specific performance/instructional objectives. Entry-le- 
vel staff must successfully complete these course objectives as demon- 
strated by a satisfactory level of proficiency on relevant achievement 
tests. Entry-level core training shall be completed in the first year of em- 
ployment. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 



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§174 



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Title 15 



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). 

§ 174. Advanced Probation Officer Course. 

NOTE: Authority cited: Secdon 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. 

NOTi:: Authority cited: Secfion 6035, Penal Code. Reference: Secfion 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. 

The juvenile counselor core course consists of 1 60 hours of instruction 
in specific performance/instructional objectives. Entry-level staff must 
successfully complete these course objectives as demonstrated by a satis- 
factory 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 Secfion 12838.5, Govern- 
ment Code. Reference: Secfion 6036, Penal Code. 

History 

1 . Certificate of Compliance including amendment of subsecfion (b) filed 
12-1-80 (Register 80, No. 49). 

2. Amendment filed 5-7-82; effecfive 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; operafive 7-31-96 (Register 96, No. 27). 

5. Amendment of secfion and Note filed 12-11-2007; operafive 1-10-2008 
(Register 2007, No. 50). 

§ 177. (Optional) Basic Juvenile Institutions Night 
Attendant Course. 

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 secfion filed 5-7-82; effecfive thirtieth day thereafter (Regis- 
ter 82, No. 19). 

3. Repealer filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

§ 178. Supervisory Juvenile Institutions Course. 

NOTE: Authority cited: Secfion 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; effecfive thirtieth day thereafter (Register 82, No. 19). 

§ 179. Corrections Officer Core Course. 

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: Secfion 6036, Penal 
Code. 

History 
1 . Certificate of Compliance including amendment of subsecfions (a) and (c) filed 

12-1-80 (Register 80, No. 49). 



2. Amendment of subsecfion (a) and repealer of subsecfion (c) filed 5-7-82; effec- 
tive thirtieth day thereafter (Register 82, No. 19). 

3. Amendment filed 1 0-22-86; 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; operafive 7-1-2001 (Register 2001, No. 22). 

§ 180. Corrections Officer Basic Academy Supplemental 
Core Course. 

The corrections officer basic academy supplemental core course con- 
sists of a minimum of 56 hours of instruction in specific perforinance/in- 
structional 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 secfion filed 5-7-82; effective thirtieth day thereafter (Regis- 
ter 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). 

§ 181. Supervisor Core Course. 

(a) The supervisor core course consists of a minimum of 80 hours of 
instaiction to be completed during the first year of employment as a su- 
pervising corrections officer, supervising probation officer, or supervis- 
ing 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 effecfive 7-1-87 (Register 87, No. 22). 

4. Amendment filed 7-1-96; operafive 7-31-96 (Register 96, No. 27). 

§ 182. Manager/Administrator Core Course. 

(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 regula- 
tions. 

(b) The Board may allow credit under its criteria for comparable 
courses previously completed. 

NOTE: Authority cited: Secfion 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; effecfive thirtieth day thereafter (Reg- 
ister 82, No. 19). 

3. Amendment of secfion heading and subsection (c) filed 10-22-86; designated 
effecfive 7-1-87 (Register 87, No. 22). 

4. Amendment of subsecfion (a), repealer of subsecfion (b) and subsecfion renum- 
bering, and amendment of newly designated subsection (b) filed 7-1-96; opera- 
tive 7-31-96 (Register 96, No. 27). 

§ 183. Administrator Core Course. 

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; effecfive thirtieth day thereafter (Regis- 
ter 82, No. 19). 

3. Amendment of section heading and subsection (b) filed 10-22-86; designated 
effecfive 7-1-87 (Register 87, No. 22). 

4. Repealer filed 7-1-96; operafive 7-31-96 (Register 96, No. 27). 



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Title 15 



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§230 



§184. Annual Required Training. History 

(a) Each full participation eligible staff member shall complete annual 1 • Repealer of Section 202 and renumbering oi" former Section 203 to Section 202 



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 in- 
stmction. Flexibility is permitted in course content and method of in- 
struction in order to meet changing conditions and local needs. 
NOTH: Authority cited: Section 6035, Penai Code. Reference: Section 6036, Penal 
Code. 

History 

1 . Certificate of Compliance including new subsection (c) filed 1 2-1-80 (Register 
80, No. 49). 

2. Repealer of subsection (c) filed 5-7-82; effective thirtieth day thereafter (Regis- 
ter 82. No. 19). 

3. Amendment of subsection (a) filed 10-22-86; desienated effective 7-1-87 
(Register 87. No. 22). 

4. Amendment of subsections (a) and (b) filed 7-1-96; operative 7-3 1-96 (Regis- 
ter 96, No. 27). 

§ 1 85. Deadline for Compliance. 

All counties and cities participating in this program shall be in full 
compliance with the standards and requirements set forth in these regula- 
tions 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 1 0-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 186. Exemptions to Advanced Courses. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Secfion 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 

(Provisions of this article repealed and 
terminated on December 31. 1981) 

§ 200. General Provisions. 

NOTE: Authority cited: Section 6035. Penal Code. Reference: Sections 6035 and 
6036, Penal Code. 

History 

1. Amendment filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 
19). 

2. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 201 . Equivalency of Basic Probation Officer Course. 

NOTE; Authority cited: Section 6035. Penal Code. Reference: Section 6035. Penal 
Code. 

History 
1. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 202. Equivalency of Basic Juvenile Institutions Course. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Sections 6035 and NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036. Penal 
6036. Penal Code. Code. 



filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19). For prior 
history, see Registers 80, Nos. 49 and 27. 
2. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 203. Equivalency of (Optional) Basic Juvenile 
Institutions Night Attendant Course. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Sections 6035 and 
6036, Penal Code. 

History 

1. Certificate of Compliance including amendment of subsection (a)(1) filed 
12-1-80 (Register 80, No. 49). 

2. Renumbering of former Section 203 to Section 202 and new Section 203 filed 
5-7-82; effecfive thirtieth day thereafter (Register 82, No. 19). 

3. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87. No. 22). 

§ 204. Equivalency of Basic City Jails Course. 

NOTE: Authority cited: Secfion 6035. Penal Code. Reference: Section 6035. Penal 
Code. 

History 

1 . Repealer and new section filed 5-7-82; effective thirtieth day thereafter (Regis- 
ter 82. No. 19). 

2. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 205. Equivalency of Basic Jails/Adult Institutions 
Course. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6035, Penal 
Code. 

History 

1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, 
No. 49). 

2. Amendment of NOTE 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). 

§ 206. Equivalency of Basic Supervisory Course. 

Note: Authority cited: Section 6035, Penal Code. Reference: Sections 6035 and 
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. Repealer filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

§ 207. Equivalency of Management Course. 

Note: Authority cited: Section 6035, Penal Code. Reference: Section 6035, Penal 
Code. 

History 
1. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 208. Equivalency of Administrator Course. 

NOTE: Authority cited: Section 6035. Penal Code. Reference: Section 6036. Penal 
Code. 

History 

1 . Certificate of Compliance including renumbering of Section 208 to Section 209 
and new section filed 12-1-80 (Register 80. No. 49). 

2. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87. No. 22). 

§ 209. Termination Date of Equivalency Process. 

NOTE: Authority cited: Section 6035. Penal Code. Reference: Section 6035. Penal 
Code. 

History 

1. Certificate of Compliance including renumbering of Section 208 to Section 209 
filed 12-1-80 (Register 80, No. 49). 

2. Repealer filed 10-22-86; designated effective 7-1-87 (Register 87. No. 22). 



Article 5. Certification of Training Courses 

§ 230. Purpose. 

The purpose of this article is to set forth the requirements and criteria 
for certification and delivery of courses. 



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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. 

(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, cur- 
riculum 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 effec- 
tive 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. 

(a) A training provider shall apply for certification of each course ac- 
cording to procedures established by the Board. 

(b) Such application for certification shall be for all or part of the train- 
ing requirements as determined by the Board. 

(c) The appHcation shall include but not be limited to a synopsis state- 
ment 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. 

(a) A regular certification of a course is valid for one year after is- 
suance 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 regula- 
tions. 

(c) In heu 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. 

(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. 

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). 

§ 235. Auditing of Courses. 

The Board may at any time audit a training course to assist in the deter- 
mination of whether the objectives and qualitative aspects of the course 
are being met and that it is being presented as certified. 
NOTE: Authority cited: Secfion 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. 



§ 260. Purpose of Article. 

The purpose of this article is to set forth the criteria under which the 
Board of Corrections may issue certificates of completion of training and 
to provide a means for recognizing special training completed by eligible 
staff 

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). 

§ 261 . Certificates of Completion of Training. 

(a) The Board of Corrections 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 fol- 
lowing: 

(1) Name, title, and organization of the eligible staff who completed 
the training. 



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• 



(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 Board of Corrections. 

NOTH: Authority cited: Section 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 sub- 
section (c) filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 

§ 262. Specialized Course Completion Certificates. 

(a) The Board of Corrections may grant course completion certificates 
in recognition of specialized training under procedures established by the 
Board. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

§ 263. Revocation of Certificate. 

The Board of Corrections may revoke a certificate of completion if it 
was issued through administrative error, or was obtained through misrep- 
resentation or fraud. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 



Article 7. Administration of Funds 

§ 290. Purpose of Article. 

This article sets forth the policies governing application for and ad- 
ministration 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 1 0-22-86; designated effective 7-1-87 (Register 87, No. 22). 

§ 291 . Adherence to Standards. 

(a) As provided in Section 6035 of the Penal Code, a county or city de- 
partment receiving subvention under this program shall adhere to the 
standards for selection and training established by the Board. No alloca- 
tion 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 adminis- 
tration 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 (Reg- 
ister 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. 

As provided in Section 6043 of the Penal Code, jurisdictions employ- 
ing peace officer personnel which are eligible for training subventions 
pursuant to Section 1 3500 et seq. of the Penal Code (Peace Officer Stan- 
dards 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 subven- 
tions under this program, provided that the same training for the same in- 
dividuals 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. 

A county or city may use funds allocated by the Board under this pro- 
gram 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. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6041. Penal 
Code. 

History 

1. Certificate of CompHance 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; effecUve thirtieth day thereafter (Register 82, No. 19). 

§ 295. Application. 

(a) The application, which includes the training plan for each depart- 
ment 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 in- 
cludes 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 set- 
ting 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: Secfion 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 (Regi.ster 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; operafive 7-31-96 (Register 96, No. 27). 

§ 296. Date for Submission of Application. 

A county or city shall submit an application and training plan for par- 
ticipation 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: Secfion 6035, Penal Code. Reference: Secfion 6041, Penal 
Code. 

History 
1. Certificate of Compliance including amendment filed 12-1-80 (Register 80, 
No. 49). 



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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. 

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 1 0-22-86; 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. 

(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 ju- 
risdictions. 

(3) the number of core eligible staff positions in all participating juris- 
dictions, 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 
1 5 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 effecfive 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. 

(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 allo- 
cation 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 at- 
tend 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 em- 
ployees 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 subsecfions (a) and (b) and repealer of subsecdon (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. 

(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 prac- 
ticable, 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. Cerfificate 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 effecfive 7-1-87 (Register 87, No. 22). 

§ 301 . Separate Account in County or City. 

Each county or city receiving subvention shall establish a separate ac- 
count for receipt and disbursement of program funds. Such funds shall 
be used only to pay costs associated with Board certified training, pur- 
suant to the training plan approved by the Board, and Section 299 of these 
regulations. 

NOTE: Authority cited: Secfion 6035, Penal Code. Reference: Secfion 6041 , Penal 
Code. 

History 

1. Amendment filed 10-2-86; designated effecfive 7-1-87 (Register 87, No. 22). 

2. Amendment of secfion heading and secfion filed 7-1-96; operative 7-31-96 
(Register 96, No. 27). 

§ 302. Reallocation of Funds. 

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 neces- 
sary 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: Secfion 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 effecfive 7-1-87 (Register 87, No. 22). 

§ 302.5. Special Allocation of Funds. 

Notwithstanding the provisions of Sections 298 and 299, in unusual 
circumstances such as a significant increase in eligible staff and/or sub- 
stantial 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 Comphance including new secfion 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 effecfive 7-1-87 (Register 87, No. 22). 

4. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 



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• 



§ 303. Quarterly Report. 

(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 em- 
ployees 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. 

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). 

§ 305. Unused Funds. 

(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 alloca- 
tions at the discretion of the Board. 

(b) The county or city shall liquidate any outstanding financial obliga- 
tion within 60 days after the end of the fiscal year. 

(c) Any funds not expended by a county or city pursuant to the ap- 
proved 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 
(Register96, No. 27). 

§ 306. Annual Financial Statement. 

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 expendi- 
tures 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. 

A participating county or city shall maintain adequate accounting re- 
cords of subvention expenditures and revenues established according to 
generally accepted governmental accounting principles in sufficient de- 
tail 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. 

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 secdon heading and section filed 7-1-96; operative 7-31-96 
(Register 96, No. 27). 



Article 8. Monitoring of Program 
Administration and Evaluation 

§ 31 5. Purpose of Article. 

This article sets forth the methods and procedures for monitoring and 
evaluating this program. 

NOTE: Authority cited: Secfion 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

History 
1. Certificate of CompHance including new section filed 12-1-80 (Register 80, 
No. 49). 

§316. Manual. 

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; effecfive thirtieth day thereafter (Register 82, No. 19). 

§317. Records. 

(a) Each county or city participating in the Standards and Training Pro- 
gram shall maintain records to permit monitoring of the administration 
of the program. Such records shall include but need not be limited to: 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(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 con- 
sultants. 

(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 3 1 7 filed 5-7-82; effective thir- 
tieth day thereafter (Register 82, No. 19). 

2. Amendment filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 



§318. Monitoring of Program. 

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 Secfion 321 to Secfion 318 filed 
5-7-82; effective thirtieth day thereafter (Register 82, No. 19). 

2. Amendment filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27). 



§ 319. Auditing of Records. 

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: Secdons 6036 and 
6044, Penal Code. 

History 

1 . Renumbering of former Section 322 to Section 3 1 9 filed 5-7-82; effective thir- 
fieth day thereafter (Register 82, No. 19). 

2. Amendment filed 1 0-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

3. Amendment filed 7-1-96; operafive 7-31-96 (Register 96, No. 27). 

§ 320. Program Evaluation. 

(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 stan- 
dards; 

(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 Secfion 320 to Section 317, and renumbering of former 
Section 323 to Section 320 filed 5-7-82; effective thirtieth day thereafter (Reg- 
ister 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; operafive 7-31-96 
(Register 96, No. 27). 

§ 321. Monitoring of Program. 

NOTE: Authority cited: Section 6035. Penal Code. Reference: Section 6036, Penal 
Code. 

History 

1. Renumbering and amendment of Section 321 to Secfion 318 filed 5-7-82: ef- 
fective thirtieth day thereafter (Register 82, No. 19). 

§ 322. Auditing of Records. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Secfion 6036, Penal 
Code. 

History 
1 . Renumbering of Section 322 to Section 3 1 9 filed 5-7-82; effective thirtieth day 
thereafter (Register 82, No. 19). 

§ 323. Program Evaluation. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Secfion 6036, Penal 
Code. 

History 

1 . Certificate of Compliance including amendment filed 12-1-80 (Register 80, o. 
49). 

2. Renumbering of Section 323 to Secfion 320 filed 5-7-82; effecfive thirtieth day 
thereafter (Register 82, No. 19). 



Article 9. Appeal Procedures 

§ 350. Purpose of Article. 

The appeal hearing procedures are intended to provide a review con- 
cerning the application and enforcement of standards and regulations 
governing the administration of the Standards and Training of Local Cor- 
rections and Probation Officers Program. A county or city may appeal on 
the basis of alleged misapplication, capricious enforcement of regula- 
tions, or substantial differences of opinion as may occur concerning the 
proper appHcation of regulations or procedures. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

History 

1 . Amendment filed 10-22-86; designated effecfive 7-1-87 (Register 87, No. 22). 

2. Amendment of section heading filed 7-1-96; operafive 7-31-96 (Register 96, 
No. 27). 

§ 350.5. Manual. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Secfion 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; effecfive thirtieth day thereafter (Register 82, No. 19). 

§351. Definitions. 

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 for- 
mal decision concerning matters raised in Section 350 of these regula- 
tions. Such hearing may be conducted using oral and/or written testimo- 
ny as specified by the Board or its Executive Officer. 

(b) "Appellant" means a county or city that files a request for an appeal 
hearing. 

(c) "Executive Officer" means the Executive Officer 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 Officer or the Board. 

(e) "Filing date" means the date a request for an appeal hearing is re- 
ceived by the Executive Officer 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 



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Title 15 



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§358 



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 
Officer or the Board which contains the formal decision of the Executive 
Officer or the Board and the reason for that decision. 
NOTF.: Authority cited: Section 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 
(Regisicr87, No. 22). 

3. Amendment filed 7-1-96; operative 7-31-96 (Register 96. No. 27). 

§ 352. Levels of Appeal. 

(a) There are two levels of appeal as follows: 

( 1 ) Appeal to the Executive Officer. 

(2) Appeal to the Board. 

(b) An appeal shall first be filed with the Executive Officer. 

No rt:: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 

History 
1 . Amendment of subsection (a)(2) tiled 7-1-96; operative 7-31-96 (Register 96, 

No. 27). 

§ 353. Appeal to the Executive Officer. 

(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 Officer. 
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 dissadsfaction. 

(2) State the action being requested of the Execudve Officer. 

(3) Include any correspondence or other documentation related to the 
cause for dissatisfacfion. 

NoTE: Authority cited: Section 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). 

§ 354. Executive Officer Appeal Procedures. 

(a) The Executive Officer 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 fime requirement may be waived with the mutual 
consent of the appellant and the Executive Officer. 

(c) The Execudve Officer may render a decision based on the corre- 
spondence and related documentation provided by the appellant and may 
consider other relevant information. 

Noti:: Authority cited: Section 6035, Penal Code. Reference: Secdon 6036, Penal 
Code. 

History 
1. Amendment of subsection (c) filed 7-1-96; operafive 7-31-96 (Register 96, 
No. 27). 

§ 355, Executive Officer's Decision. 

The decision of the Executive Officer shall be in writing and provide 

the rationale for the decision. 

Noti-: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 



Hi.story 
1. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 



17). 



§ 356. Request for Appeal Hearing by Board. 

(a) If a county or city is dissadsfied with the decision of the Executive 
Officer, 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 Officer'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 informadon related to the ap- 
peal. 

NOTI:: Authority cited: Section 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). 

§ 357. Board Hearing Procedures. 

(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, un- 
less delayed for good cause. The Board shall mail or deliver to the appel- 
lant or authorized representative a written nodce of the dme and place of 
hearing not less than 7 days prior to the hearing. 

(b) The procedural time requirements may be waived with mutual con- 
sent of the appellant and the Board. 

(c) Appeal hearing matters shall be set for hearing, heard, and disposed 
of by a nodce 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 pan- 
el; and under such circumstances, the hearing panel shall consider the 
written informadon submitted by the appellant and other relevant infor- 
madon. 

(e) The hearing is not formal or judicial in nature. Perdnent and rela- 
dve information, whether written or oral, will be accepted. Hearings will 
be tape recorded. 

(f) After the hearing has been completed, the hearing panel shall sub- 
mit a proposed decision in wridng 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 subsecfions (a)-(d) and (f) filed 7-1-96; operative 7-31-96 
(Register 96, No. 27). 

§ 358. Board of Corrections Decision. 

(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 alter- 
nate decision is rendered by the Board, or notice of new hearing ordered, 
nodce of decision or other such acdons shall be mailed or otherwise de- 
livered 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 deci- 
sion, shall consdtute the exclusive record for decision and shall be avail- 
able to the appellant at any reasonable time for one year after the date oi' 
the Board's notice of decision in the case. 

(d) The decision of the Board shall be final. 

NOTE: Authority cited: Section 6035, Penal Code. Reference: Section 6036, Penal 
Code. 



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Title 15 



History 

1 . Kditorial correction reslorins inadvertently omitted subsection (d) (Register 96, 
No. 27). 

2. Amendment of subsections (a), (b) and (d) filed 7-1-96; operative 7-31-96 
(Register96, No. 27). 



Subchapter 2. County Correctional Facility 
Capital Expenditure and Youth Facility Fund 

Article 1. General Provisions 

§ 500. Purpose. 

For those contracts signed pursuant to the County Jail Capital Expen- 
diture Bond Acts of 1981 and 1984, and the County Correctional Facility 
Capital Expenditure Bond Act of 1 986, 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 1 988 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 1 1.346.2(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 
secfion 1 1346.2(d) (Register 90, No. 39). 

§ 506. Definitions. 

The following words where used in this subchapter shall have the 
meaning hereafter asciibed 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 interchange- 
ably and mean the document prepared by a county, or two or more coun- 
ties if a common application, by which a request is made for County Cor- 
rectional Facility Capital Expenditure and Youth Facility Funds from the 
state. 

(c) "County Correctional Facility Capital Expenditure and Youth Fa- 
cility Fund" means moneys received from the sale of State of California 
General Obligation Bonds as authorized by the County Correctional Fa- 
cility 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 manage- 
ment/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 jurisdic- 
tions without restrictions in their functional purpose. General revenue 
sharing funds. Government Code section 68073.4 "County Criminal Jus- 
tice Temporary Construction Fund" monies, and Federal Justice Assis- 
tance 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 fa- 
cility" also includes any city, county, city and county, or regional facility, 
constructed on or after January 1 , 1 978, used for the confinement, regard- 
less of the length of confineinent, of adults or of both adults and minors, 
but does not include that portion of a facility for the conllnement 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, in- 
terrogations, or investigations, and are either separate from a jail or lo- 
cated 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 condi- 
tion 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 oc- 
curs 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 de- 
signed and constructed in conformity with the state's "Minimum Stan- 
dards for Local Detention Facilities" and requirements in effect at the 
time of design and construction. 

(/) "Design Capacity" includes all housing areas, even those special- 
ized 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 inter- 
mediate stages, models, final working drawings, specifications and engi- 
neering. 

(o) "Construction" includes new construction, reconstruction, remod- 
eling, renovation, and replacement of facilities, or acquisition and instal- 
lation 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 construc- 
tion 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 "se- 
vere mental disorder" as used in these regulations does not include a per- 
sonality or adjustment disorder, epilepsy, mental retardation or other de- 
velopmental disabihties; 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. 



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§512 



(u) "Incarceration rate" means the annual average daily population of 
a county jail system per 10,000 of county population. Such a rate is calcu- 
lated for all counties and disseminated at least annually by the Board of 
Corrections. 

(v) "Pretrial misdemeanor incarceration rate" means a prescribed sam- 
ple average daily pretrial misdemeanor population per 10,000 of county 
population. 

(w) "Sentenced prisoner alternatives percentage" means the percent- 
age 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 inclu- 
sive. 

(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. 
NOTIi: 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)Xg) 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 4-1-9 1 (Register 91 , No. 
14). 

§ 508. interpretation of Regulations. 

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 Govern- 
ment Code Section 1 1346.2(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 

§510. Purpose. 

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 fihng pursuant to Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 512. Eligibility Requirements. 

(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 cate- 
gory of prisoner with other prisoners. 

(3) Document the existence of separate housing for mentally disor- 
dered defendants or convicted prisoners, which will prevent mixing of 
this category of prisoner with other prisoners until such time as the re- 
sponsible 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 pre- 
scribed 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) Docuinent 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 exist- 
ing 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 sec- 
tion 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 stan- 
dard 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 in- 
carceration by the above measures, pursuant to Penal Code section 
4407.10, will be reevaluated annually by the Board. If any county is un- 
able to satisfy the requirements of this section by September 30, 1993, 
the amount allocated to the county shall revert to the state, to be reallo- 
cated by the Board. 

(c) The Board shall fund 

(1) only those reasonable and necessary costs attendant to the con- 
struction 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 1 133, Statutes of 1984 (SB 50) and sections 5, subdivision (b) 
of chapter 1519, Statutes of 1986. These augmentations and prior fund- 
ing shall not exceed the allocations contained in the 1984 and 1986 Stat- 
utes 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 regula- 
tions 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, con- 
tract 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 activi- 
ties required by section 542, Contract Elements. 



Page 13 



Register 95, No. 42; 10-20-95 



§514 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(8) County administrative costs in managing tiie jail construction proj- 
ect. 

(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) Architecairal drawings and specifications including the prepara- 
tion 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 con- 
staiction 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 (Resister 83, No. 
40). 

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Govern- 
ment 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 11 346.2(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. 

(a) Counties shall be required to provide at least 1 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 indi- 
viduals 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 oper- 
ation 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 sub- 



mittals 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; effecfive upon filing pursuant to 
Government Code section 11346.2(d) (Register 85, No. 10). 

3. Amendment tiled 9-28-87; operative 9-28-87 (Register 87, No. 42). 

4. Amendment of subsecfions (a), (b), (c) and (e) filed 7-19-90; operadve 
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. 

(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 fi- 
nancing. The county financing must be consistent with all relevant regu- 
ladons contained herein. Normally, such third party financing arrange- 
ments may be used if the county operates or intends to operate the 
proposed facility for a reasonable period of time and if the county pro- 
vides the Board reasonable assurances that it will pay all lease or debt ob- 
ligations. No state funds shall be used to pay principal and/or interest ex- 
penses. 

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 Govern- 
ment Code Section 1 1346.2(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 1 1346.2(d) (Register 90, No. 39). 

§ 518. Funding Criteria. 

(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 Ufe/safety dangers, including circumstances which pose 
a threat to the safety of staff, the community, and prisoners. 

(3) Replacement of dilapidated facilities. 

(4) Inabihty 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 De- 
tention Facihties." 

(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. 



Page 14 



Register 95, No. 42; 10-20-95 



Title 15 



Board of Corrections 



§536 



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 1 1346.2(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 pur- 
suant to Government Code section 1 1346.2(d) (Register 90, No. 39). 

§ 520. Application Funding Ranks. 

NOTIi: Authority cited: Section 441 5, Penal Code. Reference: Section 6029. 1 , Pe- 
nal Code. 

History 

1. Amendment filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 
40). 

2. Repealer filed 3-8-85; effective upon filins pursuant t Government Code Sec- 
tion 11 346.2(d) (Register 85, No. 10). 

§ 522. Restrictions and Changes in Application Funding 
Ranks. 

NOTE: Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Pe- 
nal Code. 

History 

1 . Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Register 
83, No. 40). 

2. Repealer filed 3-8-85; effecfive upon filing pursuant to Government Code Sec- 
non 11346.2(d) (Register 85, No. 10). 

§ 524. Allocation Guidelines. 

NotH: Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Pe- 
nal 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 Sec- 
tion 11346.2(d) (Register 85, No. 10). 



Article 3. Application for Funds and Grant 
Awards 

§ 526. Purpose. 

Note: Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 
444, 500 and 11 33, Statutes of 1984. Reference; Secfion 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 Govern- 
ment Code Secfion 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 528. Application Process. 

NOTE: Authority cited: Section 4415, Penal Code. Reference: Section 6029.1, Pe- 
nal 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 Sec- 
fion 1 1346.2(d) (Register 85, No. 10). 

§ 530. Pre-Application Notice. 

NOTE: Authority cited: Secfion 6029.1, Penal Code. Reference: Secfion 6029.1, 
Penal Code. 

History 
1 . Repealer filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40). 

§ 532. Application Document. 

(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 ac- 
quisition and preparation, to architectural fees, and to construction. 



(2) A statement of the problem(s) to be remedied by the proposed proj- 
ect. 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 cominit 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 sub- 
mission of the formal project proposal for County Correctional Facility 
Capital Expenditure and Youth Facility Funds. 

(c) If a county fails to submit a fonnal 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 Govern- 
ment 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 1 1346.2(d) 
(Register 90, No. 39). 

§ 534. The Corrections Needs Assessment Study. 

(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 Asses- 
sment 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 substan- 
tial 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 pro- 
vide 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 Govern- 
ment 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. 

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)(ll), 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 15 19, 
Statutes of 1986, Section 6(d). 

History 

1. Amendment of subsection (c) and repealer of subsection (d) filed 9-29-83; ef- 
fective thirtieth day thereafter (Register 83, No. 40). 

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Govern- 
ment Code Section 11346.2(d) (Register 85, No. 10). 



Page 15 



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§538 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 538. Major Corrections Needs Assessment Study. 

(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 administra- 
tor of local jails; the judiciary, prosecution, defense, county administra- 
tion, 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 pro- 
gram, 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 fore- 
going 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 follow- 
ing 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 indi- 
cations of the use of the following classifications: inebriate, mentally dis- 
ordered, developmentally disabled and juveniles. 

(4) The ability of local jail facilities to provide separate housing for 
mentally disordered prisoners and persons detained because of intoxica- 
tion 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 in- 
cluding a cost analysis should be part of the assessment work used to de- 
termine 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 se- 
curing space to meet identified housing deficiencies shall be developed. 

(5) The degree to which the county has funded and utilized to the great- 
est extent feasible all reasonable alternatives to pre-trial and post-con- 
viction 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 pro- 



jections should be analyzed to ascertain possibilities of phased construc- 
tion. 

(7) The feasibility of regionalization or sharing use of the jail with oth- 
er counties. 

(8) Specific jail needs, including level(s) of security, program (includ- 
ing, but not limited to, medical and mental health care), housing and ad- 
ministrative space. 

(9) Analysis of the existing jail to determine usability, remodeling po- 
tential, current compliance with the State' s "Minimum Standards for Lo- 
cal 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 op- 
erating costs of alternative-to-incarceration programs. All cost esti- 
mates 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 asses- 
sment shall be current through calendar year 1986. 

(d) The advisory committee shall submit its reports and recommenda- 
tions to the Board of Supervisors for review, with appropriate action tak- 
en at a public meeting upon major policy options and upon completion 
of the Major Corrections Needs Assessment Study. The Chief Adminis- 
trator may comment and make his/her recommendations independent 
from his/her role as an advisory committee member as deemed appropri- 
ate. 

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 Govern- 
ment 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 Gov- 
ernment Code section 1 1346.2(d) (Register 90, No. 39). 

5. Amendment of subsection (a) filed 3-1-91 ; operative 4-1-91 (Register 91 , No. 
14). 

§ 539. Master Site Plan. 

(a) The county board of supervisors shall prepare, or cause to be pre- 
pared, and adopt in a public hearing a master site plan for county deten- 
tion facilities prior to the award of funds by the Board of Corrections. Sit- 
ing 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 fol- 
lowing: 

(1) alternatives to additional detention facilities; 

(2) specific concerns of incorporated cities and other community rep- 
resentatives; 

(3) the location of existing federal, state and local adult and juvenile 
detention facilities/institutions in order to avoid over concentration of in- 
mates 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 mas- 
ter 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; operaUve 9-28-87 (Register 87, No. 42). 



Page 16 



Register 95, No. 42; 10-20-95 



Title 15 



Board of Corrections 



§546 



• 



• 



2. Amendment filed 7-19-90; operative 7-19-90 pursuant to Government Code 
section 11 346.2(d) (Register 90, No. 39). 

3. Amendment of subsection (a) filed 3-1-91; operative 4-1-9 1 (Register 91 , No. 

14). 

§ 540. Review and Modification of Applications. 

NOTli: Authority cited: Section 4415, Penal Code; and Section 3, Chapter 444, 
Statutes of 1984 as amended in Section 2, Chapter 1 133, Statutes of 1984. Refer- 
ence: Section 6029.1, Penal Code. 

History 

1 . Renumbering and amendment of former Section 540 to Section 542, renumber- 
ing 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 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 542. Contract Elements. 

(a) The contract between the Board and a county shall consist of stan- 
dard 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 in- 
clude, but not be limited to, the following: 

( 1 ) A narrative description of the facility the county intends to con- 
struct. 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, finan- 
cial, institutional, and managerial resources available to insure the com- 
pleted 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 defi- 
ciencies in the contract elements. 

NOTE: Authority cited: Secfions 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 renum- 
bering and amendment of former Section 540 to Section 542 filed 9-29-83; ef- 
fective thirtieth day thereafter (Register 83, No. 40). 

2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

§ 544. Fund Award Conditions. 

(a) Prior to entering into a contract with a county, the Board shall en- 
sure 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 prelimi- 
nary staffing plan and operating cost analysis for the proposed facility. 

(3) Filed an acceptable needs assessment study as prescribed in sec- 
tions 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 proj- 
ect for, separate housing for persons detained or arrested because of in- 
toxication 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, reno- 



vation, equipment and furnishings produced and sold by the Prison In- 
dustry 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 de- 
velop new products and adapt existing products to their needs. 

(11) Filed with the Board a final notice of determination on its environ- 
mental 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 con- 
struction 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, un- 
less 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 allo- 
cation 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 construc- 
tion 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 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operafive 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 secUon 1 1346.2(d) (Register 90, No. 39). 

5. Amendment of subsection (a) and of NOTE filed 3-1-91; operafive 4-1-91 
(Register 91, No. 14). 

§ 546. Adherence to "Minimum Standards for Local 
Detention Facilities." 

(a) A county receiving County Correctional Facility Capital Expendi- 
ture and Youth Facility Funds under this program shall, for the jail or por- 
tion 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 1 3- 1 02 and 2-1012 of the Cali fomia 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 re- 
quired 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 sub- 
mit a plan for such compliance. 

1 020. Jail Operations Training 

1023. Jail Management Supplemental Training 

1029. Policy and Procedures Manual 

1050. Classification Plan 

1052. Mentally Disordered Inmates 



Page 17 



Register 95, No. 42; 10-20-95 



§548 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



1055. Use of Safely 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, in- 
clusive) 

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. renumber- 
ing 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 Govern- 
ment Code Section 1 1346.2(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 pur- 
suant to Government Code secfion 11 346.2(d) (Register 90, No. 39). 



§ 548. Preparation of Architectural Drawings and 
Specifications. 

(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 vio- 
lated. 

(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 renum- 
bering and amendment of former section 542 to section 548 filed 9-29-83; ef- 
fective thirtieth day thereafter (Register 83, No. 40). 

2. Amendment filed 3-8-85; effecdve upon filing pursuant to Government Code 
section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operafive 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. 

At the time the county submits its final architectural plans and specifi- 
cations for review and approval, it shall also submit a preliminary staff- 
ing plan, along with an analysis of other anficipated operative costs, for 
the facility. This staffing plan and operating cost analysis, along with 
written comments from the detention administrator for local jails, pur- 
suant to hisAier 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 identificarion of staff for the proposed facility, delin- 
eated by custody and support staff. 

(d) Analysis of 30-year lifecycle operafing costs and maintenance and 
energy costs for the proposed facility. 

(e) Identificafion of, and revenue sources for, additional funds needed 
to support the staffing levels and operafing 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. 

Prior to entering into a contract with a county, the Board shall deter- 
mine whether a county project complies with construcfion cost norms de- 
veloped by the Board. This determination will be based on the range of 
the costs associated with recently constructed facilifies 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) Construcfion documents. 

(4) After receipt of bids and prior to contracting with the Board. Re- 
vised data shall be submitted to the Board within 90 days of the date a 
contract is signed with the construcfion firm for the actual approved proj- 
ect, including any alternates. 

(b) At a minimum, the Board will review the facilities by: 

(1) Gross square footage. 

(2) Funcfional use areas. 

(3) Number of stories. 

(4) Locafion. 

(5) Capacity. 

(c) The Board shall compile and review the submitted data to deter- 
mine the cost ranges associated with the proposed facility based on the 
following: 

(1) Funcfional use areas. 

(2) Gross square footages. 

(3) Design capacity. 

(d) Construction cost indexes relating to labor and locafion will be 
applied and a range of cost norms for recently constructed facilifies will 
be determined for the categories in (c) above. 

(e) The construcfion cost norms shall be periodically updated to reflect 
changes in construcfion costs in California. 

NOTE: Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 
1519, Statutes of 1986, Section 7(b). Reference: Secfion 6029.1, Penal Code; and 
Chapter 1519, Statutes of 1986, Section 7(b). 

History 
1. New section filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

§ 550. Construction of Jails. 

NOTE: Authority cited: Secfions 4415 and 4465, Penal Code; and Chapters 426, 
444, 500 and 1 133, Statutes of 1984. Reference: Section 6029.1, Penal Code. 

History 

1. Renumbering of former Section 550 to Secfion 546 and renumbering and 
amendment of former Section 548 to Section 550 filed 9-29-83; effective thir- 
tieth day thereafter (Register 83, o. 40). 

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

§ 552. Variance. 

(a) The Board may grant a variance from any Board requirement con- 
tained herein for good and sufficient reason. Such a variance may be 
granted by the Board only upon the written application therefore and doc- 
umentation thereof. The request for a variance shaU contain the follow- 
ing: 

(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 re- _ 
questor. The staff shall summarize the issues involved and cause the mat- ^fljk 
ter to be placed on a Board meeting agenda in an expedifious manner. The ^ffff^ 
requestor will be given an opportunity to be heard by the Board for the 
purpose of presenfing oral argument in support of its request for a vari- 
ance. 



Page 18 



Register 95, No. 42; 10-20-95 



Title 15 



Board of Corrections 



§568 



NOTH: 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 NOTP^ filed 3-8-85; effective upon filing pursuant to Govern- 
ment Code Section 1 1346.2(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 



§ 554. Purpose. 

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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 556. Disbursement of Funds. 

Upon approval of the county's project proposal by the Board and ex- 
ecution 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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 558. Fund Payments. 

(a) Requests for fund payments shall include such supporting docu- 
mentation as may be required by the Board and, in the event of deficien- 
cies in the request, the county shall be notified by the Board of the defi- 
ciencies. 

(b) Fund payments shall be processed by the Board subject to the fol- 
lowing 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; effecfive thirtieth day thereafter (Register 83, No. 
40). 

2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 560. Accounting. 

(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 ac- 
cepted 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 ac- 
cordance 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 Govern- 
ment Code Secfion 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 562. Annual Financial Statement. 

NOTE: Authority cited: Section 4415, Penal Code. Reference: Section 629.1, Pe- 
nal 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 Sec- 
tion 11346.2(d) (Register 85, No. 10). 

§ 564. Final Financial Statement. 

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: Secfions 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 Govern- 
ment Code Section 11346.2(d) (Register 85, No. 10). 

3. New NOTE filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 566. Monitoring of Process. 

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 
regulafions, 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 Govern- 
ment Code Section 1 1346.2(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). 

§ 567. Completion of Project. 

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 con- 
tract. 

NOTE: Authority cited: Sections 4483, 4489 and 6029. 1 , Penal Code; and Chapter 
1519, Statutes of 1986, Secdons 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 Govern- 
ment Code Section 11346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operafive 9-28-87 (Register 87 No. 42). 

§ 568. Project Modifications. 

(a) Project modifications which are proposed after a contract is signed 
which (1) substantially alter the design or scope of the project, (2) sub- 
stantially 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 



Page 19 



Register 91, No. 14; 4-5-91 



§570 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 there- 
of, 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 
15 1 9. 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 
(Register83, No. 40). 

2. Amendment filed 3-8-85; effective upon filing pursuant to Government Code 
Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 570. Audits. 

(a) The state reserves the right to audit the accounting records of partic- 
ipating counties relating to the administration of County Correctional Fa- 
cility 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 contrac- 
tors, including personal services contracts. A county shall provide rea- 
sonable 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 Govern- 
ment Code Section 1 1346.2(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; operafive 7-19-90 pursuant to Government Code 
section 1 1346.2(d) (Register 90, No. 39). 

§ 572. Unused Funds. 

(a) In no case shall a county receive funds in excess of 100 percent of 
actual construction costs incurred in the implementation of the construc- 
tion plan. 

(b) Any funds determined to have been inappropriately or erroneously 
spent, including those resulting from non-compUance, as well as over- 
payments 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 repay- 
ment 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 Govern- 
ment Code Section 1 1346.2(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. 

Note: Authority cited: Section 4415, Penal Code. Reference: Section 6029. 1 , Pe- 
nal 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 Sec- 
don 1 1346.2(d) (Register 85, No. 10). 



Article 5. Appeal Procedures 

§ 576. Purpose. 

The appeal hearing procedures are intended to provide a review con- 
cerning 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 sub- 
stantial differences of opinion as may occur concerning the proper appli- 
cation of regulafions or procedures. 

Note; Authority cited: Sections 4496.34 and 4497.06, Penal Code. Reference; 
Secdons 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 Govern- 
ment Code Section 1 1346.2(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). 

§ 578. Definitions. 

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 for- 
mal decision concerning matters raised pursuant to the purposes set forth 
in Secfion 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 
dissatisfacfion about a procedure or action taken and a request for a hear- 
ing 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 re- 
ceived 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 hear- 
ing. 

(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 des- 
ignated 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, Secdons 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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 



Page 20 



Register 91, No. 14; 4-5-91 



Title 15 



Board of Corrections 



§596 



§ 580. Levels of Appeal. 

NOTF.: Authority cited: Sections 4415 and 4465, Penal Code: and Chapters 426, 
444, 500 and 1 133, Statutes of 1984. Reference: Section 6029.1, Penal Code. 

History 

1 . Amendment of NOTE filed 9-29-83; effective thirtieth day thereafter (Resister 

83, No. 40). 

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Govern- 
ment Code Section 1 1346.2(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. 

NOTE: Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 
444, 500 and 1 133, 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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 584. Executive Officer Appeal Procedures. 

NOTE: Authority cited: Secfions 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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 586. Executive Officer's Decision. 

Note: Authority cited: Sections 4415 and 4465, Penal Code; and Chapters 426, 
444, 500 and 1 133, Statutes of 1984. Reference: Section 6029.1, Penal Code. 

History 

1 . Amendment of NOTE filed 9-29-83; effective thutieth day thereafter (Register 
83, No. 40). 

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Repealer filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

§ 588. Request for Appeal Hearing by Board. 

(a) If a county is dissatisfied with an action of the Board staff, it may 
file a request for an appeal heating 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 ap- 
peal with and from the Executive Officer. 

Note: Authority cited: Secfions 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 Govern- 
ment Code Section 1 1346.2(d) (Register 85, No. 10). 

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42). 

§ 590. Board iHearing Procedures. 

(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 2 1 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 ap- 
pellant 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 pan- 
el and under such circumstances, the hearing panel shall consider the 
written information submitted by the appellant and other relevant infor- 
mation as may be deemed appropriate. 

(e) The hearing is not formal in nature. Pertinent and relevant informa- 
tion, whether written or oral, will be accepted. Hearings will be tape re- 
corded. 

(f) After the hearing has been completed, the hearing panel shall sub- 
mit 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 Govern- 
ment Code Section 1 1346.2(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. 

(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 alter- 
nate decision is rendered by the Board, or notice of new hearing ordered, 
notice of decision or other such actions shall be mailed or otherwise de- 
livered 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 con- 
stitute the exclusive record for decision and shall be available to the ap- 
pellant 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: Secfions 4483, 4489 and 6029.1 , Penal Code; and Chapter 
1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Secfion 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; effecfive upon filing pursuant to Govern- 
ment Code Section 11346.2(d) (Register 85, No. 10). 

3. New NOTE filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 



Article 6. Funding Requirements for 
Juvenile Facilities 

§ 594. Definition. 

NOTE: Authority cited: Sections 4483, 4489 and 6029.1 , Penal Code; and Chapter 
1519, Statutes of 1986, Section 9(c). Reference: Secfion 6029.1, Penal Code; and 
Chapter 1519, Statutes of 1986, Section 9(c). 

History 

1. New secfion filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

2. Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code sec- 
fion 11346.2(d) (Register 90, No. 39). 

§ 596. Eligibility Requirements. 

NOTE: Authority cited: Secfions 4483, 4489 and 6029.1 , Penal Code; and Chapter 
1519, Statutes of 1986, Section 9(c). Reference: Secfion 6029.1 , Penal Code; and 
Chapter 1519, Statutes of 1986, Secfion 9(c). 

History 

1. New secfion filed 9-28-87; operafive 9-28-87 (Register 87, No. 42). 

2. Repealer filed 7-19-90; operative 7-19-90 pursuant to Government Code sec- 
fion 11346.2(d) (Register 90, No. 39). 



Page 21 



Register 91, No. 14; 4-5-91 



§598 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



§ 598. Recommendations of the Juvenile Justice 
Commission. 

NOTK: 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 fded 9-28-87; operative 9-28-87 (Register 87, No. 42). 

2. Repealer fded 7-19-90; operative 7-19-90 pursuant to Government Code sec- 
tion 1 1346.2(d) (Register 90, No. 39). 



Subchapter 3. County Justice System 
Subvention Program Appeal Procedure 

§ 900. Purpose. 

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 Au- 
thority 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) fded 7-18-79; effective thirtieth dav 
thereafter (Register 79, No. 29). 

§901. Definitions. 

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 spe- 
cified by the Board of Corrections. 

(b) Appellant means the Board of Supervisors or designated represen- 
tative thereof of a county which has been found in actual or potential vio- 
lation 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 cit- 
izens 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. 

(a) An opportunity for appeal to the Board of Corrections under Sec- 
tion 900 of these regulations is available to any potential appellant pro- 
vided the potential appellant has exhausted the appeal hearing procedure 
of the Youth Authority as described in Title 15, California Administra- 
tive 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 ap- 
pellant. 

(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 Author- 
ity 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 with- 



drawal occurs when the Board is notified by the appellant that the appel- 
lant 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 aban- 
donment occurs when the appellant fails to appear at the hearing without 
good cause or fails to provide within 10 days written information re- 
quested 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 represen- 
tative 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 con- 
sent 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 Au- 
thority. 

(i) After the hearing has been completed, the hearing panel shall sub- 
mit 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 Cor- 
rections, 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. 

(1 ) After the hearing panel's proposed decision is adopted, or an alter- 
nate 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 

§ 1 000. statutory Authority. 

NOTE: Authority cited: Secdon 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 Sub- 
chapter 4 (Sections 1000-1282, not consecutive) fded 1 1-7-79; designated ef- 
fective 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 fded 12-18-79 as 
an emergency; designated effective 4—1-80. Certificate of Compliance in- 



Page 22 



Register 91, No. 14; 4-5-91 



Title 15 



Board of Corrections 



§1006 



eluded (Register 79, No. 51). Approved by State Building Standards Commis- 
sion 11-16-79. 
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§1001. Introduction. 

NOTK: 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 Govemment Code Section 
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26). 

§1004. Severability. 

If any article, section, subsection, sentence, clause or phrase of these 
regulations is for any reason held to be unconstitutional, contrary to stat- 
ute, exceeding the authority of the State Board of Corrections, or other- 
wise inoperative, such decision shall not affect the validity of the remain- 
ing portion of these regulations. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Secfion 6030, Penal 
Code. 

History 
1 . Editorial correction of NOTE filed 9-30-82 (Register 82, No. 40). 

§ 1005. Other Standards and Requirements. 

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 require- 
ments governing its own employees and facilities; provided, such stan- 
dards 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 1-1 1-2001; operafive 2-10-2001 (Register 2001, No. 2). 

§1006. Definitions. 

The following definitions shall apply: 

"Administering Medication," as it relates to managing legally ob- 
tained 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 differ- 
ent 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 ex- 
ceeding standards in an innovative way, after a pilot project evaluation, 
approved by the Board of Corrections pursuant to an application. 

"Average daily population" means the average number of inmates 
housed daily during the last fiscal year. 

"Board of Corrections" means the State Board of Corrections, which 
board acts by and through its executive director, deputy directors, and 
field representatives. 

"Contact" means communications, whether verbal or visual, or im- 
mediate physical presence. 

"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 1 2 hours. 

"Custodial personnel" means those officers with the rank of deputy, 
correctional officer, patrol persons, or other equivalent sworn or civilian 
rank whose primary duties are 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. 



"DevelopiTientally disabled" means those persons who have a disabil- 
ity which originates before an individual attains age 1 8, continues, or can 
be expected to continue indefinitely, and constitutes a substantial disabil- 
ity 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 in- 
mate as the result of violating facility rules and which consists of confine- 
ment 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, den- 
tist, or other prescriber authorized by law. 

"Disposal," as it relates to managing legally obtained drugs, means the 
destmction of medication or its return to the manufacturer or supplier. 

"Emergency" means any significant disruption of normal facility pro- 
cedure, policies, or activities caused by a riot, fire, earthquake, attack, 
strike, or other emergent condition. 

"Emergency medical situations" means those situations where imme- 
diate services are required for the alleviation of severe pain, or immediate 
diagnosis and treatment of unforeseeable medical conditions are re- 
quired, 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 adminis- 
tration 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 detenUon facility by a facility administrator. 

"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 men- 
tal 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 clini- 
cal decisions rest with a single designated responsible physician. 

"Health care" means medical, mental health and dental services. 

"Inmate worker," as used in Articles 8 and 9, means an adult in a jail 
or lockup assigned to perform designated tasks outside of his/her cell or 
dormitory, for any length of time. 

"Jail," as used in Article 8, means a Type II or III facility as defined 
in the "Minimum Standards for Local Detendon Facilities." 

"Labeling," as it relates to managing legally obtained drugs, means the 
act of preparing and affixing an appropriate label to a medicafion contain- 
er. 

"Law enforcement facility" means a building that contains a Type I 
Jail or Temporary Holding Facility. 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 421 1 of the California Business and Pro- 
fessions Code. These drugs bear the legend, "Caution Federal Law Pro- 
hibits Dispensing Without a Prescripfion." The Food and Drug Adminis- 
tration (FDA) has determined because of toxicity or other potentially 
harmful effects, that these drugs are not safe for use except under the su- 
pervision of a health care practitioner licensed by law to prescribe legend 
drugs. 



Page 23 



Register 2005, No. 22; 6-3-2005 



§1006 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



"Licensed health personnel" includes but is not limited to the follow- 
ing classifications of personnel: physician/psychiatrist, dentist, pharma- 
cist, physician's assistant, registered nurse/nurse practitioner/public 
health nurse, licensed vocational nurse, and psychiatric technician. 

"Living areas" means those areas of a facility^.itilized 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 wheth- 
er publicly or privately operated. Nothing in the standards are to be con- 
strued 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 ap- 
pointed pursuant to Health and Safety Code Section 101000 to carry out 
duly authorized orders and statutes related to pubhc 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 tempo- 
rary confinement of adults who have recently been arrested; sentenced 
prisoners who are inmate workers may reside in the facility to carry out 
appropriate work. 

"Managerial custodial personnel" means the jail commander, camp 
superintendent, or other comparable employee who has been delegated 
the responsibility for operating a local detention facihty by a facility ad- 
ministrator. 

"Mental Health Director," means that individual who is designated by 
contract, written agreement or job description, to have administrative re- 
sponsibility for the facihty 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 station- 
ary 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) Dnigs," 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 impair- 
ment or perceived impairment that does not include substance use disor- 
ders resulting from current illegal use of a controlled substance. 

"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 of Corrections. 

"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 dis- 
orders. 

"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 ^5 and in Title 24. 

"Regional Center for Developmentally Disabled" means those private 
agencies throughout the state, funded through the Department of Devel- 
opmental 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, Section 2-470A. 

"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 regular, intermittent and prescribed direct, vi- 
sual observation to provide for the health and welfare of inmates. 

"Secure detention" means that a minor being held in temporary custo- 
dy 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 in- 
tended to withstand measurable, complex loads from deliberate and sus- 
tained 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 "so- 
bering 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 medi- 
cations. 

"Supervision in a law enforcement facility" means that a minor is be- 
ing 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 con- 
structed after January 1, 1978, used for the confinement of persons for 
24 hours or less pending release, transfer to another facility, or appear- 
ance 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 deten- 
tion of persons pending arraignment, during trial, and upon a sentence of 
commitment. 

"Type III facility" means a local detention facility used only for the de- 
tention 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 in- 
mate access into the community. 



Page 24 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1008 



NOTH: 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. Relettering of former subsections (u)-(hh) to subsections (v)-(ii), and new sub- 
section (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. Chanse 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 CodeV 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 1-1 1-2001 ; 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 defi- 
nitions of "Health authority," "Inmate worker," "Jail," "Lockup" and "Rated 
capacity" filed 6-2-2005; operaUve 7-2-2005 (Register 2005, No. 22). 

§1007. Pilot Projects. 

The pilot project is the short-term method used by a local detention 
facility/system, approved by the Board of Corrections, to evaluate inno- 
vative programs, operations or concepts which meet or exceed the intent 
of these regulations. 

The Board of Corrections may, upon application of a city, county or 
city and county, grant pilot project status to a program, operational inno- 
vation 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-comphance with 
standards. 

(d) A summary of the "totality of conditions" in the facility or facili- 
ties, 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 of Corrections shall consider applications for pilot projects 
based on the relevance and appropriateness of the proposed project, the 
completeness of the information provided in the apphcation, 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 ac- 
cepted 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 of Corrections members from requesting additional 
information necessary to make a determination that the pilot project pro- 
posed 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 of 
Corrections, the Board 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 noti- 
fied 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 of Corrections shall not ex- 
ceed twelve months after its approval date. When deemed to be in the best 
interest of the application, the Board of Corrections may extend the expi- 
ration date for up to an additional twelve months. Once a city, county, or 
city and county successfully completes the pilot project evaluation peri- 
od 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: Section 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 his- 
tory, see Register 85, No. 26. 



§ 1 008. Alternate Means of Compliance. 

The alternate means of compliance is the long-term method used by 
a local detention facility/system, approved by the Board of Corrections, 
to encourage responsible innovation and creativity in the operation of 
California's local detendon facilities. The Board of Corrections 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 of Corrections 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 compo- 
nents. An application for alternate means of compliance shall include, 
at a minimum, the following informafion: 

(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 facili- 
ties, including but not limited to: 

(1) program activities, exercise and recreation; 

(2) adequacy of supervision; 

(3) types of inmates affected; and, 

(4) inmate classificadon 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 solufion. 

(e) The projected costs of the alternative and projected cost savings to 
the city, county, or city and county if any. 

(0 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 of Corrections 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 jurisdicUon during the pilot project, 
and staff recommendations. 



Page 25 



Register 2005, No. 22; 6-3-2005 



§1010 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Within 1 working days of receipt of the application. Board staff will 
notify the applicant, in writing, that the application is complete and ac- 
cepted 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 of Corrections 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 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 appli- 
cation 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 of Corrections, the Board shall notify the applicant, in writ- 
ing within 10 working days of the meeting, of any conditions included 
in the approval and the time period for which the alternate means of com- 
pliance shall be permitted. The Board of Corrections 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 dis- 
approval. This application approval process may take up to 90 days from 
the date of receipt of a complete application. 

The Board of Corrections may revise the minimum jail standards dur- 
ing the next biennial review (reference Penal Code Section 6030) based 
on data and information obtained during the alternate means of com- 
pliance process. If, however, the alternate means of compliance does not 
have universal application, a city, county, or city and county may contin- 
ue to operate under this status as long as they meet the terms of this regu- 
lation. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6029, 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 1-1 1-2001; operative 
2-10-2001 (Register 2001, No. 2). 

Article 2. Inspection and Application of 
Standards 

§ 1 01 0. Applicability of Standards. 

(a) All standards and requirements contained herein shall apply to 
Types I, II, III and IV facilities except as specifically noted in these regu- 
lations. 

(b) Court holding facilities shall comply with the following regula- 
tions: 

(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) 1 05 1 , 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)l, 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 Specifica- 
tions 



(20) Title 24, Section 13-102(c)6C, Design Requirements 

(21) Title 24, Section 470A.2, Design Criteria for Required Spaces 

(22) Title 24, Section 470A.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) 1046, Death in Custody 

(2) 1047, Serious Illness of a Minor in an Adult Detention Facility 

(3) 1160, Purpose 

(4) 1161, Conditions of Detention 

(5) 1162, Supervision of Minors 

(6) 1163, Classification 

(d) Temporary holding facilities shall comply with the following regu- 
lations: 

( 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 1 3-1 02(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 Specifica- 
tions 

(21) Title 24, Section 13-102(c)6C, Design Requirements 

(22) Title 24, Section 470A.2, Design Criteria for Required Spaces 

(23) Title 24, Section 470A.3, Design Criteria for Furnishings and 
Equipment 

(24) 1200, Responsibility for Health Care Services 

(25) 1207, Medical Receiving Screening 

(26) 1 209, Transfer to Treatment Facility 

(27) 1212, Vermin Control 

(28) 1213, Detoxification Treatment 

(29) 1219, Suicide Prevention Program 

(30) 1220, First Aid Kit(s) 
(31)1 240, 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 facili- 
ties 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 



Page 26 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1018 



(9) Title 24, Section 470A.2.1 Area for Reception and Booking 

(10) Title 24. Section 470A.2.3 Sobering Cell 

(11) Title 24, Section 470A.2.4 Safety Cell 

(12) Title 24, Section 470A.3.4 Design Criteria for Showers 

(13) Title 24, Section 470A.3.5 Design Criteria for Beds/Bunks 

(14) Title 24, Section 470A.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) 1 142, Written Policies and Procedures 

(6) 1 143, Care of Minors in Temporary Custody 

(7) 1 144, Contact Between Minors and Adult Prisoners 

(8) 1 145, Decision on Secure Detention 

(9) 1 146, Conditions of Secure Detention 

(10) 1 147, Supervision of Minors Held Inside a Locked Enclosure 

(11) 1148, Supervision of Minors in Secure Detention Outside a 
Locked Enclosure 

(12) 1 149, Criteria for Non-secure Custody 

(13) 1 150, 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)-(I4) filed 9-7-94 pursuant to secfion 100, title 1, Cali- 
fornia Code of Regulations (Register 94, No. 36). 

6. Repealer of subsection designators (b)(l)-(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 subsecfion designators (b)(l )-(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 subsecfion (c)(7) and renumbering 
subsections filed 4^7-98 pursuant to section 100, title 1, California Code of 
Regulafions (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 subsecfions 
(f)-(f)(L5) 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). 

§1011. Variances. 

Note. Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Editorial correcfion of NOTE filed 9-30-82 (Register 82, No. 40). 

2. Change without regulatory effect repealing Secfion 1011 (Register 86, No. 32). 

§ 1 01 2. Emergency Suspensions of Standards or 
Requirements. 

Nothing contained herein shall be construed to deny the power of any 
facility administrator to temporarily suspend any standard or require- 
ment 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 of Corrections in writing 
in the event that such a suspension lasts longer than three days. In no 
event shall such a suspension continue more than 15 days without the ap- 



proval of the chairperson of the Board of Corrections for a time specified 
by him/her. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030. Penal 
Code. 

History 

1. Editorial correction of Noti-: filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31 ). 

§ 1013. Criminal History Information. 

Such criminal history information as is necessary for the conduct of 
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 Board of Corrections. Such in- 
formation shall be held confidential except that published reports may 
contain such information in a form which does not identify an individual. 
NOTE: Authority cited: Secfion 6030, Penal Code. Reference: Sections 6029, 
6030 and 1 1 105, Penal Code. 

History 

1. Editorial correction of Note filed 9-30-82 (Register 82. No. 40). 

2. Amendment of Note filed 1-1 1-2001; operafive 2-10-2001 (Reaister 2001. 

No. 2). 

§1014. Inspections. 

Note: Authority cited: Section 6030, Penal Code. Reference: Secfions 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 
1 1349.7; effective thirfieth day thereafter (Register 85, No. 26). 

§1015. Exclusions. 

NOTE: Authority cited: Secfion 6030, Penal Code. Reference: Sections 6029 and 
6030. Penal Code. 

History 

1. Editorial correcfion 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 secfion 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. 

In the event that a county, city or city and county contracts for a local 
detention facility with a community-based public or private organiza- 
tion, 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: Secfion 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; operafive 9-5-94 (Register 94. No. 31). 

3. Amendment of secfion heading and secfion filed 1-26-98; operative 2-25-98 
(Register 98. No. 5). 

§1018. Appeal. 

The appeal hearing procedures are intended to provide a review con- 
cerning the Board of Corrections application and enforcement of stan- 
dards and regulations in local detention facilities and lockups. A county, 
city, or city and county facility may appeal on the basis of alleged misap- 
plication, capricious enforcement of regulations, or substantial differ- 
ences of opinion as may occur concerning the proper application of regu- 
lations 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 Board of Corrections. 

(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 Board of Corrections staff, it may appeal the cause of the 
dissatisfaction to the Executive Director. Such appeal .shall be filed with- 
in 30 calendar days of the notificafion of the action with which the county 
or city is dissatisfied. 



Page 27 



Register 2005, No. 22; 6-3-2005 



§1020 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(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 re- 
lated documentation and render a decision on the appeal within 30 calen- 
dar days except in those cases where the appellant withdraws or aban- 
dons 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 corre- 
spondence 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 Board of Corrections. 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 2 1 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 ap- 
pellant 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 con- 
sent 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 pan- 
el and. under such circumstances, the hearing panel shall consider the 
written information submitted by the appellant and other relevant in- 
formation as may be deemed appropriate. 

(5) The hearing is not formal or judicial in nature. Pertinent and rela- 
tive information, whether written or oral, shall be accepted. Hearings 
shall be tape recorded. 

(6) After the hearing has been completed, the hearing panel shall sub- 
mit a proposed decision in writing to the Board of Corrections at its next 
regular public meeting. 

(g) Board of Corrections' Decision. 

(1) The Board of Corrections, 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 deci- 
sion, shall constitute the exclusive record for decision and shall be avail- 



able 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 Board of Corrections shall be final. 
NOTH: 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 headinc and first paragraph filed 6-2-2005; operative 
7-2-2005 (Register 2005. No.^22). 



Article 3. 



Training, Personnel, and 
Management 



§ 1020. Corrections Officer Core Course. 

(a) In addition to the provisions of California Penal Code Section 
83 1 .5, all custodial personnel of a Type 1, 11, III, or IV facility shall suc- 
cessfully complete the "Corrections Officer Core Course" as described 
in Section 1 79 of Title 1 5, CCR, within one year from the date of assign- 
ment. 

(b) Custodial Personnel who have successfully completed the course 
of instmction required by Penal Code Section 832.3 shall also successful- 
ly 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 1 0-22-86: 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 subsecfion (a) filed 8-4-94; operative 9-5-94 (Register 94, No. 
31). 

6. Amendment of section heading filed 1-1 1-2001 ; operative 2-10-2001 (Regis- 
ter 2001, No. 2). 

7. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22). 

§ 1 021 . Jail Supervisory Training. 

Prior to assuming supervisory duties, jail supervisors shall complete 
the core training requirements pursuant to Section 1020, Corrections Of- 
ficer 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 supervi- 
sory 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 secdon filed 8-4-94; operative 9-5-94 (Register 94, No. 31). For prior his- 
tory, 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. 

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. 

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. 



Page 28 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1029 



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 (Register87, No. 22). 

4. Kditorial correction of printing error in first paragraph (Register 9 1 , No. 32). 

5. Amendment of first pai'agraph 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 secfion 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. 

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 Hmited 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. Eight hours of refresher training shall be 
completed once every two years. 

Each agency shall determine if additional training is needed based 
upon, but not limited to, the complexity of the facility, the number of in- 
mates, the employees' level of experience and training, and other rele- 
vant factors. 

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, subsection redesignafion, amendment of subsec- 
tion (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 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

§ 1025. Continuing Professional Training. 

With the exception of any year that a core training module is success- 
fully completed, all facility/system administrators, managers, supervi- 
sors, and custody personnel of a Type I, II, III, or IV facility shall success- 
fully complete the "annual required training" specified in Section 184 of 
Title 15,CCR. 

NOTE; Authority cited: Secfion 6030, Penal Code. Reference: Secfion 6030, Penal 
Code. 

History 

1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 1 0-22-86; 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. 

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). 



§ 1027. Number of Personnel. 

A sufficient nuinber of personnel shall be employed in each local de- 
tention facility to conduct at least hourly safety checks of inmates 
through direct visual observation of all inmates and to ensure the imple- 
mentation and operation of the programs and activities required by these 
regulations. There shall be a written plan that includes the docuinentation 
of routine safety checks. 

Whenever there is an inmate in custody, there shall be at least one em- 
ployee on duty at all times in a local detention facility or in the building 
which houses a local detention facility who shall be immediately avail- 
able and accessible to inmates in the event of an emergency. Such an em- 
ployee shall not have any other duties which would conflict with the su- 
pervision 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 fe- 
inale einployee 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 du- 
ties. Such a staffing plan shall be reviewed by the Board of Corrections 
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 2-27-9 1 ; 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 1-1 1-2001 ; operative 2-10-2001 (Register 
2001, No. 2). 

§ 1 028. Fire and Life Safety Staff. 

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 
Board of Corrections 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). 

§ 1029. Policy and Procedures Manual. 

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. Such a manual 
shall be made available to all employees and shall be updated at least an- 
nually. 

(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 re- 
lease per Penal Code sections 849(b)(2) and 853.6. and any other such 
processes as the facility administrator is empowered to use. 



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(6) Security and control including physical counts of inmates, searches 
of the facility and inmates, contraband control, and key control. Each fa- 
cility 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 regu- 
lations; 

(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 pro- 
cedures 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; op- 
erative 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 renumber- 
ing, 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 emer- 
gency language will be repealed by operation of law on the following day. 

§ 1030. Type IV Facility Policy and Procedures Manual. 

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). 

§ 1 031 . Policy and Procedures Manual for Temporary 
Holding and Short Term Confinement 
Facilities. 

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. 

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 by the local fire department to be in- 
cluded as part of the manual of policy and procedures (15 California 
Code of Regulations 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 annual inspections; 

(d) an evacuation plan; and, 

(e) a plan for the emergency housing of inmates in the case of fire. 
NOTE: Authority cited: Section 6030, Penal Code. Reference: Sections 6030, and 
6031.1, Penal Code. 

History 

1. Editorial conrection 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, Cahfornia Code of Regulafions 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, Nor5). 

§1033. inmate Grievance Procedure. 

NOTE; Authority cited: Section 6030. Penal Code. Reference: Sections 6030, Pe- 
nal 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. 

NOTE: Authority cited: Secrion 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 Secfion 1034 (Register 86, No. 32). 

Article 4. Records and Public Information 

§1040. Population Accounting. 

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. Facil- 
ity administrators shall provide the Board of Corrections with applicable 
inmate demographic information as described in the Jail Profile Survey. 
NOTE: Authority cited: Section 6030. Penal Code. Reference: Sections 6030, Pe- 
nal 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 
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26). 

3. New secfion filed 2-27-9 1 ; operafive 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). 

§1041. Inmate Records. 

Each facility administrator of a Type I, II, III or IV facility shall devel- 
op written policies and procedures for the maintenance of individual in- 
mate records which shall include, but not be limited to, intake informa- 
tion, personal property receipts, commitment papers, court orders, 
reports of disciplinary actions taken, medical orders issued by the respon- 
sible physician and staff response, and non-medical information regard- 
ing disabilities and other limitations. 

Note: Authority cited: Section 6030, Penal Code. Reference: Secfion 6030, Penal 
Code. 

History 

1. Editorial correcfion 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; operafive 9-5-94 (Register 94, No. 31). 

§ 1042. Type IV Fiscal Records. 

Note: Authority cited: Section 6030, Penal Code. Reference: Secfions 6030, Pe- 
nal 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; operafive 2-25-98 (Register 98, No. 5). 



Page 30 



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Title 15 



Board of Corrections 



§1050 



§ 1043. Inmate Welfare Fund — Accounting. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1 . Editorial correction of Notk filed 9-30-82 (Register 82, No. 40). 

2. Repeal and new section filed 2-27-91 ; operative 3-29-9 1 (Register 9 1 , No. 1 3). 

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). 

§1044. Incident Reports. 

Each facility administrator shall develop written policies and proce- 
dures for the maintenance of written records 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 ac- 
tions taken, and the date and lime of the occurrence. Such a written record 
shall be prepared by the staff assigned to investigate the incident and sub- 
mitted to the facility manager within 24 hours of the event of an incident. 
NOTE: Authority cited: Secfion 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1 . Editorial correction of Ncm-: filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31). 

§1045. Public Information Plan. 

Each facility administrator of a Type I, II, III or IV facility shall devel- 
op written poHcies 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 materi- 
al: 

(a) The State Board of Corrections minimum standards for local deten- 
tion facilities as found in Title 15 of the California Code of Regulations. 

(b) Facility rules and procedures affecting inmates as specified in sec- 
tions: 

(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, and Periodicals 

(8) 1067, Access to Telephone 

(9) 1 068, 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: Secfion 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 secfion 100, title 
1, California Code of Regulations filed 3-1-89 (Register 89, No. 10). 

4. PMitorial 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). 



§1046. Death in Custody. 

(a) Death in Custody Reviews for Adults and Minors. 

The facility administrator, in cooperation with the health administra- 
tor, shall develop written policy and procedures to assure that there is a 
review of every in-custody death. The review team shall include the fa- 
cility 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 Board of 
Corrections a copy of the report submitted to the Attorney General under 
Government Code Section 1 2525. A copy of the report shall be submitted 
to the Board 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, lock- 
up, or court holding facility pursuant to the provisions of this subchapter. 
Any inquiry made by the Board shall be limited to the standards and re- 
quirements set forth in these regulations. 

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 section filed 6-2-2005; operative 
7-2-2005 (Register 2005, No. 22). 

§ 1047. Serious Illness or Injury of a Minor in an Adult 
Detention Facility. 

The facility administrator shall develop policy and procedures for no- 
tification 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 
I. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



Article 5. Classification and Segregation 

§ 1050. Classification Plan. 

(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 be- 
havior and other criteria which will provide for the safety of the inmates 
and staff. Such housing unit assignment shall be accomplished to the ex- 
tent 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 re- 
strictions, and housing assignments. 

Each administrator of a Type II or III facility shall establish and imple- 
ment a classification system which will include the use of classification 
officers or a classification committee in order to property assign inmates 
to housing, work, rehabilitafion programs, and leisure activities. Such a 
plan shall include the use of as much informafion 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 sen- 
tenced 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 trans- 
mitting of information regarding inmates who represent unusual risk or 



Page 31 



Register 2005, No. 22; 6-3-2005 



§1051 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



hazard while confined at ihe 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 conection of printing error in NoTi-: (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 restorine inadvertently deleted subsection (a) designator 
(Register 98, No. 6). 

§1051. Communicable Diseases. 

The facility administrator, in cooperation with the responsible physi- 
cian, shall develop written policies and procedures which require that all 
inmates with suspected communicable diseases shall be segregated until 
a medical evaluation is completed. To determine if such segregation shall 
be made in the absence of medically trained personnel at the time of in- 
take 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: 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; operadve 2-25-98 (Register 98, No. 5). 

5. Amendment filed 1-1 1-2001 ; operadve 2-10-2001 (Register 2001, No. 2). 

6. Amendment filed 6-2-2005; operadve 7-2-2005 (Register 2005, No. 22). 

§ 1052. Mentally Disordered Inmates. 

The facility administrator, in cooperation with the responsible physi- 
cian, shall develop written policies and procedures to identify and evalu- 
ate 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 dis- 
abled. 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. Segregadon 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; operadve 2-25-98 (Register 98, No. 5). 

5. Amendment filed 6-2-2005; operadve 7-2-2005 (Register 2005, No. 22). 

§ 1053. Administrative Segregation. 

Except in Type IV facilities, each facility administrator shall develop 
written policies and procedures which provide for the administrative seg- 
regation 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 de- 
termined to be necessary in order to obtain the objective of protecting the 
welfare of inmates and staff. Administrative segregadon shall consist of 
separate and secure housing but shall not involve any other deprivadon 



of privileges than is necessary to obtain the objective of protecting the 
inmates and staff. 

NOTE; Authority cited: Section 6030, Penal Code. Reference: Secdon 6030, Penal 
Code. 

History 

1. Editorial con-ection of NoTi; filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 8-4-94; operadve 9-5-94 (Register 94, No. 31 ). 

3. Amendment filed 1-1 1-2001; operadve 2-10-2001 (Register 2001, No. 2). 

§ 1054. Administrative Removal — Type IV Facility. 

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 pro- 
gram, the facility, and/or the general public. Such removal shall be sub- 
ject 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 coirection 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 1-1 1-2001; operadve 2-10-2001 (Register 2001, No. 2). 

§1055. Use of Safety Cell. 

The safety cell described in Title 24, Secdon 2-470A.2.5, shall be used 
to hold only those inmates who display behavior which results in the de- 
struction of property or reveals an intent to cause physical harm to self 
or others. The facility administrator, in cooperadon with the responsible 
physician, shall develop written policies and procedures governing safe- 
ty 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 subsdtute 
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 physi- 
cian. Continued retendon in a safety cell shall be reviewed a minimum 
of every eight hours. A medical assessment shall be completed within a 
maximum of 1 2 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 retendon every 24 hours thereafter. A mental health opinion 
on placement and retendon shall be secured within 24 hours of place- 
ment. Direct visual observadon shall be conducted at least twice every 
thirty minutes. Such observation shall be documented. 

Procedures shall be established to assure administradon of necessary 
nutridon 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 idendfiable risks to the inmate's 
safety or to the security of the facility are documented. 

Note; Authority cited: Section 6030, Penal Code. Reference: Secdon 6030, Penal 
Code. 

History 

1. Editorial correcdon 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 secdon 100, dtle 1, California 
Code of Regulations filed 3-1-89 (Register 89, No. 10). 

4. Amendment filed 8-4-94; operadve 9-5-94 (Register 94, No. 31). 

5. Change without regulatory effect amending first paragraph filed 9-7-94 pur- 
suant to section 100, title 1, California Code of Reguladons (Register 94, No. 
36). 

6. Amendment of first paragraph and new second paragraph filed 1-26-98; opera- 
dve 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). 

§ 1 056. Use of Sobering Cell. 

The sobering cell described in Title 24, Secdon 2-470A.2.4, shall be 
used for the holding of inmates who are a threat to their own safely or the 
safety of others due to their state of intoxication and pursuant to written 
policies and procedures developed by the facility administrator. Such in- 
mates 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 evaluadon by a medical staff person or an evaluation 



Page 32 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1061 



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. 

Note:; Authority cited: Section 6030, Penal Code. Reference: Section 6030. Penal 

Code. 

History 

1. Editorial coiTcction of NOTi- filed 9-30-82 (Register 82, No. 40). 

2. Change without regulatory effect (Register 86, No. 32). 

3. Change without resuiatory effect pursuant to section 100, title 1, California 
Code of Regulation's 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 1 00, 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). 

§ 1057. Developmentally Disabled Inmates. 

The facility administrator, in cooperation with the responsible physi- 
cian, 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 deter- 
mination, 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). 

§ 1 058. Use of Restraint Devices. 

The facility administrator, in cooperation with the responsible physi- 
cian, 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 re- 
straint devices; signs or symptoms which should result in immediate 
medical/mental health referral; availability of cardiopulmonary resusci- 
tation 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 inmates' 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 facil- 
ity manager, the facility watch commander, or the designated physician. 
Continued retention in restraints shall be reviewed a minimum of every 
two hours. A medical opinion on placement and retention shall be se- 
cured 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 docu- 
mented. While in restraint devices all inmates shall be housed alone or 
in a specified housing area for restrained inmates which makes provi- 



sions 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 secu- 
rity reasons. 

Note: Authority cited: Section 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 secfion heading and section filed 1-11-2001; operative 
2-10-2001 (Register 2001. No. 2). 

§ 1 059. DNA Collection, Use of Force. 

(a) Pursuant to Penal Code Section 298.1, authorized law enforce- 
ment, 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 re- 
fusal. 

(b) The force shall not be used without the prior written authorization 
of the supervising officer on duty. The authorization shall include in- 
formation 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 extrac- 
tion 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 vid- 
eo as evidence in a criminal proceeding, the tape shall be retained admin- 
istratively. 

(2) Within 10 days of the use of reasonable force pursuant to this regu- 
lation, the facihty administrator shall send a report to the Board of 
Corrections, 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 atten- 
tion was needed by the prisoner or other person as a result of reasonable 
force being used. 

NOTE: Authority cited: Sections 298.1 and 6030, Penal Code. Reference: Section 
298.1, Penal Code. 

History 
1. New section filed 1 1-5-2004; operative 12-5-2004 (Register 2004, No. 45). 



Article 6. Inmate Programs and Activities 

§1060. Inmate Work Assignment Plan. 

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 ). 

§1061. Inmate Education Plan. 

The facility administrator of any Type II or III facility shall plan and 
shall request of appropriate public officials an inmate education pro- 
gram. When such services are not made available by the appropriate pub- 



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lie 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 sen- 
tenced 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 coiTcction of Note filed 9-30-82 (Register 82, No 40.). 

2. Change without regulatoi^ effect (Register 86, No. 32). 

3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31). 

4. Amendment filed 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

§1062. Visiting. 

(a) The facility administrator shall develop written policies and proce- 
dures for inmate visiting which shall provide for as many visits and visi- 
tors as facility schedules, space, and number of personnel will allow. For 
sentenced inmates in Type 1 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 im- 
plement written policies and procedures to allow visitation for non-sen- 
tenced 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 visitation policies developed pursuant to this section shall in- 
clude provision for visitation by minor children of the 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 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 1-1 1-2001 ; operative 2-10-2001 (Register 
2001, No. 2). 

§1063. Correspondence. 

The facility administrator shall develop written policies and proce- 
dures 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 mail may be read when there is a vaHd security reason and 
the facihty manager approves; 

(c) inmates may correspond, confidentially, with state and federal 
courts, any member of the State Bar or holder of public office, and the 
State Board of Corrections; however, jail authorities may open and in- 
spect such mail only to search for contraband, cash, checks, or money or- 
ders 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: 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 (a) (Register 86, No. 32). 

3. Editorial correction of printing error in subsection (c) (Register 91, No. 32). 

4. Amendment of first paragi^aph and subsections (b)-(c) filed 8-4-94; operative 
9-5-94 (Register 94. No. 31). 

5. Amendment of subsection (e) filed 1-1 1-2001 ; operative 2-1 0-2001 (Register 
2001, No. 2). 



§ 1064. Library Service. 

The facility administrator shall develop written policies and proce- 
dures for library service in all Type II, III, and IV faciliries. The scope 
of such service shall be determined by the facility administrator. The li- 
brary service shall include access to legal reference materials, current in- 
formaUon on community services and resources, and religious, educa- 
tional, and recrearional reading material. In Type IV facilities such a 
program can be either in-house or provided through access to the com- 
munity. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Editorial coiTection of Note filed 9-30-82 (Register 82, No. 40). 

2. Change without regulatory effect (Register 86, No. 32). 

3. Editorial conection 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. 

(a) The facility administrator of a Type II or III facility shall develop 
written policies and procedures for an exercise and recreaUon program, 
in an area designed for recrearion, which will allow a minimum of three 
hours of exercise distributed over a period of seven days. Such regula- 
tions 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 faci- 
lities, 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^-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 and Periodicals. 

(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 or periodical accepted for distribu- 
rion by the United States Postal Service. Nothing herein shall be con- 
strued as limiUng the right of a facility administrator to: 

(1) exclude obscene publications or writings, and mail containing in- 
formation concerning where, how, or from whom such matter may be ob- 
tained; 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, nar- 
corics, or explosives. 

(2) exclude publications or wrirings based on the physical composirion 
of the material or packaging, or to restrict the sources from which the jail 
will receive such materials where there is a valid security reason to jusrify 
such action; 

(3) open and inspect any publications or packages received by an in- 
mate; or, 

(4) restrict the number of books, newspapers or magazines the inmate 
may have in his cell or elsewhere in the facility at one rime. 

(b) The facility administrator of a Type I facility shall develop and im- 
plement a written plan to make available a daily newspaper in general cir- 
culation, including a non-English language publication, to assure rea- 
sonable access to interested inmates. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Sections 6030, Pe- 
nal 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). 



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§1073 



4. Amendment of subsection (a), new subsection (a)(2), subsection redesignation 
and amendment of subsection (b) filed 8-4-94: operative 9-5-94 (Reaister 94, 
No. 31). 

5. Amendment of subsections (a)-(a)(2) filed 1-11-2001; operative 2-10-2001 
(Regi.stcr2001.No.2). 



§ 1 067. Access to Telephone. 

The facility administrator shall develop writteti policies and proce- 
dures which allow reasonable access to a telephone beyond those tele- 
phone calls which are required by Section 851.5 of the Penal Code. 
NOTH: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Kditorial correction of Noti-; 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). 

§ 1 068. Access to the Courts and Counsel. 

The facility administrator shall develop written policies and proce- 
dures 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 Noth 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 200l, No. 2). 

§1069. Inmate Orientation. 

(a) In Type II, III, and IV facilides. the facility administrator shall de- 
velop written policies and procedures for the implementation of a pro- 
gram 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; and, 

(7) court appearance where scheduled, if known. 

(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 hy- 
giene; 

(4) availability of reading and recreational materials; and, 

(5) medical/mental health procedures. 

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 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; operafive 2-10-2001 (Register 2001, No. 2). 



§ 1070. Individual/Family Service Programs. 

The facility administrator of a Type II. Ill, or IV facility shall develop 
written policies arid procedures which facilitate cooperation with appro- 
priate public or private agencies for individual and/or family social ser- 
vice programs for inmates. Such a program shall utilize the services and 
resources available in the community and may be in the form of a re- 
source guide and/or actual service delivery. The range and source of such 
services shall be at the discretion of the facility administrator and may in- 
clude: 

(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: Secdon 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Editorial coirection of Ncm-; 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 1-1 1-2001; operative 2-10-2001 (Register 
2001, No. 2). 

§1071. Voting. 

The facility administrator of a Type I (holding sentenced inmate work- 
ers) 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). 

§1072. Religious Observances. 

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 and counseling on a voluntary basis. 
NOTE: Authority cited: Secdon 6030, Penal Code. Reference: SecUon 6030, Penal 
Code. 

History 

1 . Change without regulatory effect repealing former section 1 072 and adding new 
section 1 072 (Register 86, No. 32). For history of former section 1 072, .see Reg- 
ister 82, No. 40. 

2. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31). 

§ 1073. Inmate Grievance Procedure. 

(a) Each administrator of a Type II, III, or IV facility and Type I facili- 
ties which hold inmate workers shall develop written policies and proce- 
dures whereby any inmate may appeal and have resolved grievances re- 
lating to any conditions of confinement, included but not limited to: 
medical care; classification actions; disciplinary actions; program partic- 
ipadon; 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. 



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§ 1080 



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Title 15 



History 

1. Chanae without regulatory effect renumberins former section 1033 to section 
1073'(Register86, No. 32). 

2. Amendment of first paragraph filed 8-4-94; operative 9-5-94 (Reaister 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 (Resister 98, 

No. 5). 



Article 7. Discipline 

§ 1080. Rules and Disciplinary Penalties. 

Wherever discipline is administered, each facility administrator shall 
establish written rules and disciplinary penalties to guide inmate con- 
duct. Such rules and disciplinary penalties shall be stated simply and af- 
firmatively, 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, pro- 
vision shall be made for the jail staff to verbally instruct them or provide 
them with material in an understandable form regarding jail mles and dis- 
ciplinary procedures and penalties. 

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 1-1 1-2001 ; operative 2-10-2001 (Register 2001, No. 2). 

§ 1 081 . Plan for Inmate Discipline. 

Each facility administrator shall develop written policies and proce- 
dures 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 mles by inmates, and who shall have in- 
vestigative 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 de- 
tail 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 supervi- 
sor. 

(c) Major violations or repetitive minor acts of non-conformance or 
repetitive minor violations of institutional mles shall be reported in writ- 
ing by the staff member observing the act and submitted to the disciplin- 
ary 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, disci- 
plinary 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 irmiate may waive the 24-hour limita- 
tion. 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 own behalf at the 
time of hearing. 

(3) Subsequent to final disposition of disciplinary charges by the disci- 
plinary 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 ad- 
ministratively removing any inmate from the general population or pro- 
grain for reasons of personal, mental, or physical health, or under any cir- 
cumstance in which the safety of the inmates, staff, program, or 
community is endangered, pending disciplinary action or a review as re- 
quired by section 1054 of these regulations. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030. Penal 
Code. 

History 

1. Amendment filed 9-30-82; effective thirtieth day thereafter (Reaister 82, No. 
40). 

2. Chanse 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). 

§ 1082. Forms of Discipline. 

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 eamed under Penal Code Section 
4019. 

(0 Forfeiture of "work time" credits eamed under Penal Code Section 
4019. 

(g) Disciplinary isolaUon. 

(h) Disciplinary isolation diet. 
NOTE: Authority cited: Secfion 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1 . Editorial correcdon 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). 

§ 1083. Limitations on Disciplinary Actions. 

The Penal Code and the State Consfitudon expressly prohibit all cmel 
or unusual punishment. Additionally, there shall be the following limita- 
tions: 

(a) If an inmate is on disciplinary isolation status for 30 consecutive 
days there shall be a review by the facility manager before the disciplin- 
ary 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. 

(b) The disciplinary isolation cells or cell shall have the minimum fur- 
nishings and space specified in title 24, 470A.2.6 and 2.7. Occupants 
shall be issued clothing and bedding as specified in articles 12 and 13 of 
these regulafions and shall not be deprived of them through any porfion 
of the day except that those inmates who engage in the destmcdon of bed- 
ding or clothing may be deprived of such arUcles. The decision to deprive 
inmates of such arficles of clothing and bedding shall be reviewed by the 
facility manager or designee during each 24 hour period. 

(c) Penal Code section 401 9.5 expressly prohibits the delegation of au- 
thority to any inmate or group of inmates to exercise the right of punish- 
ment over any other inmate or group of inmates. 

(d) In no case shall a safety cell, as specified in title 24, 470A.2.5, or 
any restraint device be used for disciplinary purposes. 

(e) No inmate may be deprived of the implements necessary to main- 
tain an acceptable level of personal hygiene as specified in section 1265 
of these regulations. 

(f) Food shall not be withheld as a disciphnary measure. 



• 



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§1103 



(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) hi no case shall access to courts and legal counsel be suspended as 
a disciplinary measure. 

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 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 NoTi-; (Register 91, No. 32). 

5. Amendment of subsections (c)-(e) and (i) filed 8-4-94; operative 9-5-94 (Reg- 
ister 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 des- 
ignated 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)(l)-(2) filed 
6-2-2005; operative 7-2-2005 (Register 2005, No. 22). 

§1084. Disciplinary Records. 

Penal Code section 4019.5 requires the keeping of a record of all disci- 
plinary infractions and punishment administered therefore. This require- 
ment may be satisfied by retaining copies of rule violation reports and re- 
port of the disposition of each. 

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). 

TABLE II 
PLANNING AND DESIGN REGULATIONS 
APPLICABLE TO TYPES OF FACILITIES 

(Articles 8 and 9) 

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) 

History 

1. Change without regulatory effect repealing Table II A (Register 87, No. 1). 

2. Editorial correcfion of Table heading (Register 91, No. 32). 



Article 8. Minors in Jails 

§1100. Purpose. 

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 law- 
fully held in local adult detention facilities shall be subject to the regula- 
tions and statutes governing those facilities found in Minimum Standards 



for Local Detention Facilities, Title 15, Division 1, Chapter 1, Subchapt- 
er 4, Section 1000 et seq. and Title 24, Part 1 , Section 13-102, and Part 
2, Section 470A, California Code of Regulations. 

An existing jail buiU in accordance with construction standards in ef- 
fect at the time of constniction and approved for the detention of minors 
by the Board shall be considered as being in compliance with the provi- 
sions 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: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
1 . Amendment of article 8 heading and new article 8 (.sections 1 100-1125) and 
section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). For 
prior history of former article 8 (sections 1 1 00-1 107), see Register 94, No. 3 1 . 
For prior history of former article 9 (sections 1 1 1 0-1 1 2 1 ), .see Register 86, No. 
32 and Register 87, No. 1 . 

§ 1 1 01 . Restrictions on Contact with Adult Prisoners. 

The facility administrator shall establish policies and procedures 
which ensure that contact between detained minors and adults confined 
in the facility shall be restricted as follows: 

(a) verbal, non-verbal, or visual communication between minors and 
adult prisoners shall not be allowed; 

(b) situations in which a minor and an adult prisoner may be in the 
same room, area or corridor are limited to: 

( 1 ) booking; 

(2) awaiting visiting or sick call; 

(3) inmate workers present while performing work necessary for the 
operation of the facility, such as meal service and janitorial services; 

(4) movement of prisoners in custody within the facility. 

When an adult prisoner, including an inmate worker, is present, facil- 
ity staff trained in the supervision of inmates shall maintain a constant 
side by side presence with either the minor or the adult to assure there are 
no communications between the minor and the adult. 

(c) the above restrictions do not apply to minors who are participating 
in supervised program activities pursuant to Section 208 (c) of the Wel- 
fare and Institutions Code. 

Note; Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
L New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 
For prior history, see Register 94, No. 31, 

§1102. Classification. 

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. 3 1 . 

§ 1 1 03. Release Procedures. 

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. 



Page 37 



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§1104 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
1. New section tiled 6-23-2003; operative 7-23-2003 (Register 2003. No. 26). 
For prior history, see Register 94, No. 31. 

§ 1 1 04. Supervision of IVIinors. 

The facility administrator shall develop and iinplement policy and 
procedures that provide for: 

(a) continuous around-the-clock supervision of ininors with assur- 
ance that staff can hear and respond; and. 

(b) safety checks of minors no less than every 30 minutes on an irregu- 
lar schedule. These safety checks shall include the direct visual observa- 
tion of inovement and/or skin. Safety checks shall not be replaced, but 
inay be supplemented by, an audio/visual electronic surveillance system 
designed to detect overt, aggressive, or assaultive behavior and to sum- 
mon aid in emergencies. All safety checks shall be documented. 
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. 

§ 1105. Recreation Programs. 

The facility administrator shall develop written policies and proce- 
dures to provide a recreation program that shall protect the welfare of mi- 
nors and other inmates, recognize facility security needs and: 

(a) comply with minimum jail standards, for minors who are 16 years 
or older; and, 

(b) assure that minors under the age of 1 6 are provided with at least one 
hour of exercise and constructive leisure time activity each day, not in- 
cluding unstmctured activities such as watching television. Exercise and 
constructive leisure time activity means an activity in an area designated 
for recreation and includes sports, games and physical exercise. 
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. 

§ 1 106. Disciplinary Procedures. 

Nothing in this regulation shall prevent the administrator from remov- 
ing 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 com- 
munity 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 be- 
yond five days without subsequent review. 

(d) A status review shall be conducted for those minors placed in disci- 
plinary 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: Secdon 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. 3 1 . 



§ 1120. Education Program for Minors in Jails. 

Whenever a minor is held in a Type II or III facility, the facility admin- 
istrator shall coordinate with the County Departinent of Education or 
County Superintendent of Schools to provide education programs as re- 
quired 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. 

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 cur- 
rent 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. 

The health administrator, in cooperation with the facility administra- 
tor, shall develop written policies and procedures to assure that reproduc- 
tive 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). 

§ 1123. Health Appraisals/Medical Examinations for 
Minors in Jails. 

When a minor is held in a jail, the health administrator, in cooperation 
with the facility administrator, shall develop policy and procedures to as- 
sure that a health appraisal/medical examination: 

(a) is received from the sending facility at or prior to the time of trans- 
fer; 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 Stan- 
dards for Juvenile Facilities, Section 1432, Health Appraisals/Medical 
Examinations is completed on the minor within 96 hours of admission. 
NOTE: Authority cited: Secdon 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1 1 24. Prostheses and Orthopedic Devices for Minors in 
Jails. 

The health administrator, in cooperation with the facility administrator 
and the responsible physician shall develop written policy and proce- 
dures regarding the provision, retention and removal of medical and den- 
tal 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: Secdon 6030, Penal 
Code. 

History 

1. New secdon filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 



Page 38 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1145 



§ 1125. Psychotropic Medications for IVIinors in Jail. 

The health administrator/responsible physician, in cooperation with 
tlie mental health director and the facility administrator, shall develop 
written policies and procedures governing the use of voluntary and invol- 
untary 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 psychotro- 
pic medications in dosages appropriate to the minor's need; 

(2) requirements that verbal orders be entered in the minor's health re- 
cord 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 pre- 
scribed 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 me- 
dications 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 sit- 
uation. 

(b) Psychotropic medications shall not be administered to a minor ab- 
sent 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 pre- 
vention of serious bodily harm, and when there is insufficient time to ob- 
tain 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 dis- 
ciplinary reasons. 

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 9. Minors in Temporary Custody in 
a Law Enforcement Facility 

§1140. Purpose. 

The purpose of this article is to establish minimum standards for law 
enforcement facilities in which minors are securely detained or held in 
non-secure custody. 

Unless otherwise specified in statute or these regulafions, minors law- 
fully held in local adult detention facilities shall be subject to the regula- 
tions and statutes governing those facilities found in Title 15, Division 
1, Chapter 1, Subchapter 4, Section 1000 et seq. and Title 24, Part 1, Sec- 
tion 13-102, and Part 2, Section 470A, California Code of Regulations. 
NOTE; Authority cited: Section 6030, Penal Code; and Section 210.2, Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare 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 (sec- 
tions 1110-1121),seeRegister86. No. 32 and Register 87, No. 1. 

§ 1 1 41 . Minors Arrested for Law Violations. 

Any minor taken into temporary custody by a peace officer, on the ba- 
sis that they are a person described by Section 602 of the Welfare and 
Institutions Code, may be held in secure detention or non-secure custody 
within a law enforcement facility that contains a lockup for adults pro- 
vided that the standards set forth in these regulations are met. 



Note: Authority cited: Section 6030, Penal Code; and Section 2 10.2, Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1142. Written Policies and Procedures. 

The facility administrator shall develop written policies and proce- 
dures concerning minors being held in temporary custody which shall ad- 
dress: 

(a) suicide risk and prevention; 

(b) use of restraints; 

(c) emergency medical assistance and services; and, 

(d) prohibiting use of disciphne. 

NOTE; Authority cited: Section 6030, Penal Code; and Section 2 10.2. Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 

1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1 1 43. Care of Minors in Temporary Custody. 

(a) The following shall be made available to all minors held in tempo- 
rary custody: 

( 1 ) access to toilets and washing facilities; 

(2) one snack upon request during term of temporary custody if the mi- 
nor 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. 

(b) In addition to the above, minors placed in locked rooms shall be: 

( 1 ) provided blankets and clothing, as necessary, to assure the comfort 
of the minor; and, 

(2) permitted to retain and wear 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: Section 6030, Penal Code: and Section 210.2 ,Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1144. Contact Between Minors and Adult Prisoners. 

The facility administrator shall establish policies and procedures 
which ensure that contact between detained minors and adults confined 
in the faciUty shall be restricted as follows: 

(a) verbal, non-verbal, or visual communication between minors and 
adult prisoners shall not be allowed; 

(b) situations in which a minor and an adult prisoner may be in the 
same room, area, or corridor are limited to: 

( 1 ) booking; 

(2) medical screening; 

(3) inmate workers present while performing work necessary for the 
operation of the facility, such as meal service and Janitorial services; and, 

(4) movement of prisoners in custody within the facility. 

When an adult prisoner, including an inmate worker, is present, facil- 
ity staff trained in the supervision of inmates shall maintain a constant 
side by side presence with either the minor or the adult to assure there are 
no communications between the minor and the adult. 
NOTE; Authority cited: Section 6030, Penal Code; and Section 2 1 0.2. Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wcl^ 
fare and Insfitutions 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). 

§ 1 145. Decision on Secure Detention. 

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 detention in a law enforce- 
ment facility that contains a lockup for adults if the minor is 14 years of 



Page 39 



Register 2005, No. 22; 6-3-2005 



§1146 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 oth- 
er conditions of secure detention 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 detention, 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 se- 
curity 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; 

fb) severity of the offense{s) for which the minor was taken into custo- 
dy; 

(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 protec- 
tion of the minor; and, 

(e) the age, type, and number of other individuals who are detained in 
the facility. 

NOTE: Authority cited: Section 6030, Penal Code; and Section 2 10.2, Welfare and 
Institutions Code. Reference; Section 6030, Penal Code; and Section 210.2. Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1 146. Conditions of Secure Detention. 

While in secure detention, minors may be locked in a room or other 
secure enclosure, secured to a cuffing rail, or otherwise reasonably re- 
strained as necessary to prevent escape and protect the minor and others 
from harm. 

NOTE: Authority cited: Section 6030, Penal Code; and Section 210.2. Welfare and 
Institutions Code. Reference; Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1147. Supervision of Minors Held Inside a Locked 
Enclosure. 

(a) Minors shall receive adequate supervision which, at a minimum, 
includes: 

( 1 ) constant auditory access to staff by the minor; and, 

(2) unscheduled safety checks of the minor by staff of the law enforce- 
ment facility, no less than every 30 minutes, which shall be documented. 

(b) Males and females shall not be placed in the same locked room un- 
less under constant direct visual observation by staff of the law enforce- 
ment facility. 

NOTE: Authority cited: Section 6030, Penal Code; and Section 210.2, Welfare and 
Insdtutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1148. Supervision of Minors in Secure Detention Outside 
of a Locked Enclosure. 

Minors held in secure detention 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 be 
present at all times to assure the minor' s safety while secured to a station- 
ary object. Securing minors to a stationary object for longer than 60 min- 
utes, 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: Secfion 6030, Penal Code; and Section 210.2, Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



§ 1149. Criteria for Non-Secure Custody. 

Minors held in temporary custody, who do not meet the criteria for se- 
cure detention as specified in Section 207. 1 (d) of the Welfare and Institu- 
tions Code, may be held in non-secure custody if a brief period of time 
is needed to investigate the case, facilitate release of the minor to a parent 
or guardian, or arrange fortransfer of the minor to an appropriate juvenile 
facility. 

NOTE; Authority cited: Section 6030, Penal Code; and Section 210.2, Welfare and 
Insdtutions Code. Reference: Secdon 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1150. Supervision of Minors in Non-Secure Custody. 

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 Secdon 2 10.2, Welfare and 
Insdtudons Code. Reference: Secdon 6030, Penal Code; and Section 210.2, Wel- 
fare and Institudons Code. 

History 
1. New secdon filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1 1 51 . Intoxicated and Substance Abusing Minors in a 
Lockup. 

Any minor who displays outward signs of intoxication, or who is 
known or suspected to have ingested any substance that could result in 
a medical emergency, shall be medically cleared prior to reception at a 
facility. 

Supervision of minors who have been cleared to enter the facility shall 
include safety checks no less than every 15 minutes until resolution of the 
intoxicated state. These safety checks shall be documented, with actual 
time of occurrence recorded. 

NOTE: Authority cited: Section 6030, Penal Code; and Section 2 10.2, Welfare and 
Institutions Code. Reference: Section 6030, Penal Code; and Section 210.2, Wel- 
fare and Institutions Code. 

History 
1. New secdon filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

Article 10. Minors in Court Holding 
Facilities 

§1160. Purpose. 

The purpose of this article is to establish minimum standards for court 
holding facilities in which minors are held pending appearance in juve- 
nile or ciiminal 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, Sub- 
chapter 4, Section 1000 et seq. and Title 24, Part I, Section 13-102, and 
Part 2, Section 470A, 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 II and new article 10 (sections 
1 160-1 163) and section filed 6-23-2003; operative 7-23-2003 (Register 2003, 
No. 26). 

§ 1 1 61 . Conditions of Detention. 

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 classifica- 
tion 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 construc- 
tion standards at the time of construction shall be considered as being in 



Page 40 



Register 2005, No. 22; 6-3-2005 



Title 15 



Board of Corrections 



§1205 



compliance with this article unless the condition of the structure is deter- 
mined by the appropriate authority to be dangerous to life, health, or wel- 
fare of minors. Upon notification of noncompliance with this section, the 
facility administrator shall develop and submit a plan for corrective ac- 
tion to the Board of Corrections within 90 days. 

NOTE; Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
1. New section filed 6-2.3-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 11 62. Supervision of Minors. 

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). 

§1163. Classification. 

The administrator of a court holding facility shall establish and imple- 
ment 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 Sec- 
tion 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 

§ 1 200. Responsibility for Health Care Services. 

(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 phy- 
sician, 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 physi- 
cal disorders. In Type IV facilities, compliance may be attained by pro- 
viding 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 ad- 
ministrator 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. 

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). 



§ 1 202. Health Service Audits. 

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 mecha- 
nism 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 pro- 
vide 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. 

State and/or local licensure and/or certification requirements and re- 
strictions apply to health care personnel working in the facility the same 
as to those working in the community. Copies of licensing and/or certifi- 
cation credentials shall be on file in the facility or at a central location 
where they are available for review. 

NOTE: Authority cited: Secfion 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; operadve 9-5-94 (Register 94, No. 31). 

§1204. Health Care Staff Procedure. 

Medical care performed by personnel other than a physician shall be 
performed pursuant to written protocol or order of the responsible physi- 
cian. 

NOTE: Authority cited: Secfion 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. 

(a) The health authority shall maintain individual, complete and dated 
health records which shall 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 medi- 
cal/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 sepa- 
rately from and in no way be part of the inmate's other jail records. The 
responsible physician or designee shall communicate information ob- 
tained 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 or- 
der. 

(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: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 



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History 

1. Amendmcnl 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 coiTection of printing error in subsections (a)(4) and (3) (Register 91, 

No. 32). 

5. Amendment of subsections (a) and (b) filed 8-4-94; operative 9-5-94 (Register 
94, No. 31). 

§ 1206. Health Care Procedures Manual. 

The health authority shall, in cooperation with the facility administra- 
tor, set forth in writing, policies and procedures in conformance with 
applicable state and federal law. which are reviewed and updated at least 
annually 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, in- 
cluding 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 doc- 
tor, information pertaining to childbirth education and infant care, and 
other services mandated by statute; 

(g) screening, referral and care of mentally disordered and develop- 
mentally disabled inmates; 

(h) implementation of special medical programs; 

(i) management of inmates suspected of or confirmed to have commu- 
nicable diseases; 

(j) the procurement, storage, repackaging, labeling, dispensing, admi- 
nistration/delivery to inmates, and disposal of pharmaceuticals; 

(k) use of non-physician personnel in providing medical care; 

(/) 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 noti- 
fication pursuant to Health and Safety Code Sections 121361 and 121362 
for inmates with known or suspected active tuberculosis disease. Proce- 
dures for notification to the transferring health care staff shall allow suffi- 
cient time to prepare the summary. The summary information shall iden- 
tify the sending facility and be in a consistent format that includes the 
need for follow-up care, diagnostic tests performed, medications pre- 
scribed, pending appointments, significant health problems, and other in- 
formation that is necessary to provide for continuity of health care. Nec- 
essary 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 sam- 
ples, body cavity searches, and other functions for the purpose of prose- 
cution shall not be performed by medical personnel responsible for pro- 
viding ongoing care to the 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. 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 subsecfion (n) filed 8-4-94; operafive 
9-5-94 (Register 94, No. 31). 



6. Amendment of section heading and subsections (/)-(n) and new subsection (o) 
filed 1-26-98; operati\e 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 (/) filed 6-2-2005; operative 7-2-2005 (Register 
2005. No. 22). 

9. Amendment of subsection (f) filed .5-23-2008 as an emersency; 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 1 0-30-2008 or emer- 
gency language will be repealed by operation of law on the following day. 

§ 1206.5. Management of Communicable Diseases in a 
Custody Setting. 

(a) The responsible physician, in conjunction with the facility adinin- 
istrator and the county health officer, shall develop a written plan to ad- 
dress 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 proce- 
dures, identification of relevant symptoms, referral for a medical evalua- 
tion, 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 dis- 
eases which threaten the health of inmates and staff 

(b) Consistent with the above plan, the health authority shall, in coop- 
erafion 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 hmited 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 confiden- 
tiahty; and, 

(8) reporting and appropriate action upon the possible exposure of cus- 
tody staff to a comiTiunicable 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 amend- 
ment of fu-st 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. 

With the exception of inmates transferred directly within a custody 
system with documented receiving screening, a screening shall be com- 
pleted on all inmates at the fime of intake. This screening shall be com- 
pleted in accordance with written procedures and shall include but not be 
limited to medical and mental health problems, developmental disabili- 
ties, and communicable diseases, including, but not limited to, tuberculo- 
sis and other airborne diseases. The screening shall be performed by li- 
censed 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 ap- 
pears 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 estabUshed 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 correcdon 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 
(Register94, No. 31). 



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• 



• 



§ 1207.5. Special Mental Disorder Assessment. 

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. 
NOTI-: 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). 

§ 1208. Access to Treatment. 

The health authority, in cooperation with the facility administrator, 
shall develop a written plan for identifying, assessing, treating and/or ref- 
erring any inmate who appears to be in need of medical, mental health 
or developmental disability treatment at any time during his/her incarcer- 
ation subsequent to the receiving screening. This evaluation shall be per- 
formed by licensed health personnel. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Editorial correction of Notk filed 9-30-82 (Register 82, No. 40). 

2. Change without regulatory effect repealing former section 1208 and adding new 
secuon 1208 (Register 86, No. 32). 

3. Amendment filed 8-4-94; operative 9-5-94 (Register 94, No. 31). 

§ 1209. Mental Heath Services and Transfer to Treatment 
Facility. 

(a) The health authority, in cooperation with the mental health director 
and facility administrator, shall establish policies and procedures to pro- 
vide mental health services. These services shall include but not be lim- 
ited 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) A mentally disordered inmate who appears to be a danger to him- 
self or others, or to be gravely disabled, shall be transferred for further 
evaluation to a designated Lanterman Petris Short treatment facility des- 
ignated by the county and approved by the State Department of Mental 
Health for diagnosis and treatment of such apparent mental disorder pur- 
suant to Penal Code section 401 1.6 or 401 1.8 unless the jail contains a 
designated treatment facility. Prior to the transfer, the inmate may be eva- 
luated by licensed health personnel to determine if treatment can be initi- 
ated at the correctional facility. Licensed health personnel may perform 
an onsite assessment to determine if the inmate meets the criteria for ad- 
mission to an inpatient facility, or if treatment can be initiated in the 
correctional facility. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Secfion 6030, Penal 
Code. 

History 

1 . Editorial correcdon 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 sec- 
tion 11343.4(d) (Register 98, No. 14). 

4. Amendment of section heading and secfion 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). 

§ 1 21 0. Individualized Treatment Plans. 

(a) For each inmate treated by a mental health service in a jail, the treat- 
ment 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 rec- 
ommended 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 coordi- 
nation 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 NoTi; 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). 

§1211. Sick Call. 

There shall be written policies and procedures developed by the facil- 
ity administrator, in cooperation with the health authority, which pro- 
vides for a daily sick call conducted for all inmates or provision made that 
any inmate requesting medical/mental health attention be given such at- 
tention. 

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). 

§1212. Vermin Control. 

The responsible physician shall develop a written plan for the control 
and treatment of vermin-infested inmates. There shall be written, medi- 
cal 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: Secfion 6030, Penal Code. Reference: Secfion 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. 

The responsible physician shall develop written medical policies on 
detoxification which shall include a statement as to whether detoxifica- 
tion will be provided within the facility or require transfer to a licensed 
medical facility. The facility detoxification protocol shall include proce- 
dures 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 imme- 
diate transfer to an appropriate medical facihty. 

NOTE; Authority cited: Secfion 6030, Penal Code. Reference: Secfion 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; operadve 9-5-94 (Register 94, No. 31). 

§1214. Informed Consent. 

The health authority shall set forth in writing a plan for informed con- 
sent of inmates in a language understood by the inmate. Except for emer- 
gency treatment, as defined in Business and Professions Code Section 
2397 and Title 15, Section 1217, all examinations, treatments and proce- 
dures affected by informed consent standards in the community are like- 
wise observed for inmate care. In the case of minors, or conservatees, the 
informed consent of parent, guardian or legal custodian applies where re- 
quired by law. Any inmate who has not been adjudicated to be incompe- 
tent 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: Secfion 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 
1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40). 



Page 40.3 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



2. Change withoiil 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). 

§1215. Dental Care. 

The facility administrator shall develop written policies and proce- 
dures to ensure emergency and medically required dental care is pro- 
vided to each inmate, upon request, under the direction and supervisioi: 
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; operafive 9-5-94 (Register 94, No. 31). 

§1216. Pharmaceutical Management. 

(a) The health authority in consultation with a pharmacist and the facil- 
ity administrator, shall develop written plans, establish procedures, and 
provide space and accessories for the secure storage, the controlled ad- 
ministration, and disposal of all legally obtained drugs. Such plans, pro- 
cedures, space and accessories shall include, but not be limited to, the fol- 
lowing: 

(1) securely lockable cabinets, closets, and refrigeration units; 

(2) a means for the positive identification of the recipient of the pre- 
scribed medication; 

(3) procedures for administration/delivery of medicines to inmates as 
prescribed; 

(4) confirming that the recipient has ingested the medication or ac- 
counting 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 an- 
nually, on the status of pharmacy services in the institution. The pharma- 
cist shall provide the report to the health authority and the facility admin- 
istrator. 

(b) Consistent with pharmacy laws and regulations, the health author- 
ity 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. Sup- 
plies of legend medications that have been dispensed and supplies of ov- 
er-the-counter medications may be accessed by either licensed or non- 
licensed personnel. 

(3) Repackaging shall only be done by a physician, dentist, pharma- 
cist, or other persons authorized by law. 

(4) Preparation of labels can only be done by a physician, dentist, phar- 
macist or other persons, either licensed or non-licensed, provided the la- 
bel is checked and affixed to the medication container by the physician, 
dentist, or pharmacist before administration or delivery to the inmate. La- 
bels shall be prepared in accordance with section 4076, Business and Pro- 
fessions 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 or- 
der of a prescriber. 

(7) Delivery of medication may be done by either licensed or non-li- 
censed 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 regis- 
tered 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 in- 
clude, but not be limited to, how they are made available, documentation 
when delivered by staff and precautions against hoarding large quanti- 
ties. 

(d) Policy and procedures may allow ininate self-administration of 
prescribed medications under limited circumstances. Policies and proce- 
dures 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 treatinent of tuber- 
culosis, psychotropic medication, controlled substances, injectables and 
any medications for which documentation of ingestion is essential are ex- 
cluded 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 participat- 
ing 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 medi- 
cation when it is not on the inmate's person. 

(5) Provisions are made for the consistent enforcement of self-medi- 
cation rules by both custody and health care staff, with systems of com- 
munication among them when either one finds that an inmate is in viola- 
tion of rules regarding self-administration. 

(6) Provisions are made for health care staff to perform documented 
assessments of inmate comphance 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-^1-94; operative 9-5-94 
(Register94, No. 31). 

5. Amendment of section heading and section filed 1-26-98; operative 2-25-98 
(Register 98, No. 5). 

§1217. Psychotropic Medications. 

The responsible physician, in cooperation with the facility administra- 
tor, 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 involuntari- 
ly given psychotropic medication appropriate to the illness on an emer- 
gency 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 treat- 
ment over the inmate's objection is immediately necessary for the preser- 
vation 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 in written 
form in the inmate's record or by verbal order in dosage appropriate to 
the inmate's need. Verbal orders shall be entered in the inmate's record 
and signed by a physician within 72 hours. Tlie 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 



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• 



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 dis- 
ciplinary reasons. 

Note; Authority cited: Section 6030, Penal Code. Reference: Section 6030. Penal 
Code. 

History 

1. Editorial correction of NoTf- 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). 

§1218. Inmate Deaths. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030. Penal 
Code. 

History 

1. Editorial correction of Noth 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; operafive 7-2-2005 (Register 2005, No. 22). 

§1219. Suicide Prevention Program. 

The facility administrator and the health authority shall develop a writ- 
ten 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). 

§1220. First Aid Kit(s). 

First aid kit(s) shall be available in all facilities. The responsible physi- 
cian shall approve the contents, number, location and procedure for peri- 
odic inspection of the kit(s). In Court and Temporary Holding facilities, 
the facility administrator shall have the above approval authority, pur- 
suant 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 
I220(Register86, No. 32). 

2. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5). 

§1230. Food Handlers. 

The responsible physician, in cooperation with the food services man- 
ager 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 edu- 
cation and ongoing monitoring and cleanliness of these workers in accor- 
dance with Section 1 14020 of the Health and Safety Code, Cahfomia 
Uniform Retail Food Facilities Law. 

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 secdon 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 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 



Article 12. Food 

§1240. Frequency of Serving. 

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. Sup- 
plemental food must be served to inmates if more than 14 hours pass be- 
tween meals. Additionally, supplemental food must be served to inmates 
on medical diets in less than a 14-hour period if prescribed by the respon- 
sible physician. 

A minimum of fifteen minutes shall be allowed for the actual con- 
sumption 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 sched- 
uled facility meal. They shall be provided with a substitute meal and bev- 
erage, and inmates on medical diets shall be provided with their pre- 
scribed 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). 

§1241. Minimum Diet. 

The minimum diet provided shall be based upon the nutritional and ca- 
loric requirements found in the 1999-2002 Dietary Reference Intakes 
(DRI) of the Food and Nutrition Board, Institute of Medicine of the Na- 
tional Academies, the 1 990 California Daily Food Guide, and the 2000 
Dietary Guidelines for Americans. Facilities electing to provide vege- 
tarian diets, and facilities that provide religious diets, shall also conform 
to these nutrition standards. The nutritional requirements for the mini- 
mum diet are specified in the following subsections. 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. 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. 
For persons 15-17 years of age, or pregnant and lactating women, the re- 
quirement is four servings. One serving can be from a calcium-fortified 
food containing at least 250 mg. of calcium. 

(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 veg- 
etables 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. 

(2) One serving of a Vitamin C source containing 30 mg. or more. 

(3) One serving of a Vitamin A source, fruit or vegetable, containing 
200 micrograms Retional Equivalents (RE) or more. 

(d) Grain Group. Includes bread, rolls, pancakes, sweet rolls, ready- 
to-eat cereals, cooked cereals, com bread, pasta, rice, tortillas, etc. and 
any food item containing whole or enriched grains. At least three serv- 



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Title 15 



ings from this group must be made with some whole grains. The daily re- 
quirements shall be a minimum of six servings. 

The following bread-cereal products meet the partial or whole grain 
requirement: 

oatmeal whole wheat bread 

pumpernickel bread corn tortilla 

whole wheat rolls whole grain hot cereal 

whole wheat flour grits 

tortilla whole grain pancakes 

whole grain bagels, and waffles 

muffins, and 

crackers 
whole grain ready-to- 

eat cereal 

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 pro- 
vided 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: 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 of first paragraph and subsections (a) and (c)(3) filed 4-2-98; op- 
erative 4-2-98 pursuant to Government Code secfion 11 343.4(d) (Register 98, 
No. 14). 

5. Amendment filed 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

6. Amendment filed 6-2-2005; operafive 7-2-2005 (Register 2005, No. 22). 

§1242. Menus. 

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 re- 
petitive 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 regis- 
tered dietitian at least annually. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Editorial correcdon 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). 

§1243. Food Service Plan. 

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 1 00 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 poli- 
cies 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; 

(/) 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 1-1 1-2001; 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). 

§ 1245. Kitchen Facilities, Sanitation, and Food Storage. 

(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, Chapter 4, Articles 1-8, Sections 113700 et seq. 
California Uniform Retail Food Facilities Law (CURFFL). 

(b) In facilities where inmates prepare meals for self-consumption or 
where frozen meals or pre-prepared food from other permitted food faci- 
lities (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: 

(1)H&S section 114065; 

(2) H & S section 1 14090(b) and (e), if a domestic or commercial dish- 
washer capable of providing heat to the surface of the utensils of a tem- 
perature of at least 1 65 degrees Fahrenheit, is used for the purpose of 
cleaning and sanitizing multi-service utensils and multi-service con- 
sumer utensils; 

(3) H & S section 1 14140 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 section 1 14150(a); and, 
(5)H&S section 114165(b). 

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. 3 1 ). 

4. Amendment filed 1-26-98; operative 2-25-98 (Register 98, No. 5). 

5. Amendment of subsections (b)(l)-(5) filed 1-11-2001; operative 2-10-2001 
(Register2001,No. 2). 

6. Amendment of subsecdons (b)(l)-(5) filed 6-2-2005; operative 7-2-2005 
(Register 2005, No. 22). 

§ 1246. Food Serving and Supervision. 

Policies and procedures shall be developed and implemented to ensure 
that appropriate work assignments are made and food handlers are ade- 
quately supervised. Food shall be prepared and served only under the im- 
mediate 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. 

(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 responsi- 
ble 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 



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§1264 



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 admin- 
istrator wish to provide an alternate disciplinary diet, such a diet shall be 
submitted to the Board of Corrections 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; operadve 9-5-94 (Regis- 
ter 94, No. 31). 

4. Amendment filed 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

5. Amendment filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22). 

§1248. Medical Diets. 

The responsible physician, in consultation with the facility adminis- 
trator, shall develop written policies and procedures that identify the indi- 
vidual(s) who are authorized to prescribe a medical diet. The medical 
diets utilized by a facility shall be planned, prepared and served with con- 
sultation 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 re- 
sponsible physician shall approve, the diet manual on an annual basis. 

Pregnant women shall be provided a balanced, nutritious diet ap- 
proved by a doctor. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Secdon 6030, Penal 
Code. 

History 

1. Editorial correcfion 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^-94; operadve 9-5-94 (Regis- 
ter 94, No. 31). 

4. Amendment of section heading and secrion 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 secdon 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-30-2008 or emergency language 
will be repealed by operadon of law on the following day. 



§ 1249. Food Cost Accounting System. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Secdon 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. 

The standard issue of climatically suitable clothing to inmates held af- 
ter 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 substi- 
tuted for the institutional undergarments and footwear specified in this 
regulation. This option notwithstanding, the facility has the primary re- 
sponsibility to provide the personal undergarments and footwear. 

Clothing shall be reasonably fitted, durable, easily laundered and re- 
paired. 

NOTE: Authority cited: Secdon 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 inidal paragraph (Register 86, No. 32). 

3. Amendment of subsection (c)(2) and following paragraph filed 8-4-94; opera- 
dve 9-5-94 (Register 94, No. 31). 

4. Renumbering of former article 12 to article 13 (sections 1260-1267) filed 
6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§1261. Special Clothing. 

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). 

§1262. Clothing Exchange. 

There shall be written policies and procedures developed by the facil- 
ity administrator for the scheduled exchange of clothing. Unless work, 
climatic conditions, illness, or California Uniform Retail Food Facilities 
Law, necessitates more frequent exchange, outergarments, except foot- 
wear, 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; Secdon 6030, Penal 
Code. 

History 

1. Editorial correction of Note filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 8-4-94; operadve 9-5-94 (Register 94, No. 31). 

3. Amendment filed 1-1 1-2001; operadve 2-10-2001 (Register 2001, No. 2). 

4. Amendment of secdon filed 6-2-2005; operadve 7-2-2005 (Register 2005, No. 
22). 

§1263. Clothing Supply. 

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; operadve 2-25-98 (Register 98, No. 5). 

§ 1264. Control of Vermin in Inmates Personal Clothing. 

There shall be written policies and procedures developed by the facil- 
ity administrator to control the contamination and/or spread of vermin in 
all inmates personal clothing. Infested clothing shall be cleaned, disin- 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



fected, 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 NoTH filed 9-30-82 (Register 82, No. 40). 

2. Change without regulatory effect (Register 86, No. 32). 

3. Aineridment filed 8-4-94; operative 9-5-94 (Register 94, No. 31). 

§ 1265. Issue of Personal Care Items. 

There shall be written policies and procedures developed by the facil- 
ity administrator for the issue of personal hygiene items. Each female in- 
mate shall be issued sanitary napkins and/or tampons as needed. Each in- 
mate 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 individu- 
al 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: Authoritv 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). 

§1266. Showering. 

There shall be written policies and procedures developed by the facil- 
ity administrator for inmate showering/bathing. Inmates shall be per- 
mitted to shower/bathe upon assignment to a housing unit and at least ev- 
ery other day or more often if possible. 

NOTE: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1 . Editorial correcfion of Note filed 9-30-82 (Register 82, No. 40). 

2. Amendment filed 8-4-94; operative 9-5-94 (Register 94. No. 31). 

§1267. Hair Care Services. 

(a) Hair care services shall be available. 

(b) Inmates, except those who may not shave for reasons of identifica- 
tion in court, shall be allowed to shave daily and receive hair care services 
at least once a month. The facility administrator may suspend this re- 
quirement 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 ap- 
proved by the State Board of Barbering and Cosmetology to meet the re- 
quirements 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 subsecfion (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. 

The standard issue of clean suitable bedding and linens, for each in- 
mate entering a living area who is expected to remain overnight, shall in- 
clude, 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 1 2 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^^94; operaUve 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; operafive 7-2-2005 (Register 
2005, No. 22). 

§ 1271. Bedding and Linen Exchange. 

There shall be written policies and procedures developed by the facil- 
ity administrator for the scheduled exchange of laundered and/or sani- 
tized 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: Secdon 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). 

§ 1272. Mattresses. 

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, Section 2-470A.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. Technical Infor- 
mation Bulletin Number 121 dated April 1980. 

NOTE: Authority cited: Secdon 6030, Penal Code. Reference: Section 6030, Penal 
Code. 

History 

1. Amendment filed 9-30-82; effecdve thirtieth day thereafter (Register 82, No. 
40). 

2. Change without regulatory effect (Register 86, No. 32). 

3. Amendment filed 1-11-2001; operadve 2-10-2001 (Register 2001, No. 2). 

Article 15. Facility Sanitation and Safety 

§ 1280. Facility Sanitation, Safety, and Maintenance. 

The facility administrator shall develop written policies and proce- 
dures 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 Titie 24, Section 2-470A.2.14, 
shall be cleaned and sanitized according to policies and procedures estab- 
lished by the health authority. 

NOTE: Authority cited: Secdon 6030, Penal Code. Reference: Secdon 6030, Penal 
Code. 



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§1302 



History 

1. Editorial coiTection 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 pur- 
suant 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). 

§1281. First Aid Kit(s). 

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. 

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 

§1300. Severability. 

If any article, subsection, sentence, clause or phrase of these regula- 
tions is for any reason held to be unconstitutional, contrary to statute, ex- 
ceeding the authority of the State Corrections Standards Authority, or 
otherwise inoperative, such decision shall not affect the validity of the re- 
maining portion of these regulations. 

NOTE: Authority cited: SecUons 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Wel- 
fare and Insfitutions 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; operaUve 4-5-97 (Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007, No. 25). 

§ 1301. Other Standards and Requirements. 

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 require- 
ments governing its own employees and facilities provided such stan- 
dards 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, Wel- 
fare and InstituUons 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). 

§1302. Definitions. 

The following definitions shall apply: 

"Administering medication," as it relates to pharmaceutical manage- 
ment, 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 ex- 
ceeding 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 ap- 
pellant with an opportunity to present the facts of the appeal for the for- 
inal 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 Correc- 
tions 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 repre- 
sentatives. 

"Camp" means a juvenile camp, ranch, forestry camp or boot camp es- 
tablished 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 su- 
pervision 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 order- 
ly day-to-day operation of a juvenile facility. 

"Control Room" is a continuously staffed secure area within the facil- 
ity that contains staff responsible for safety, security, emergency re- 
sponse, 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 dis- 
pensed medication to a patient. 

"Developmentally disabled" means those persons who have a disabil- 
ity which originates before an individual attains age 1 8, continues, or can 
be expected to continue indefinitely, and constitutes a substantial disabil- 
ity for that individual. This term includes mental retardation, cerebral 
palsy, epilepsy, and autism, as well as disabhng 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 de- 
struction 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 in- 



Page 40.9 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



dividuars 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 in- 
volvement or lack of involvement, in a crime scene. 

"Emergency" means a significant disruption of normal facility proce- 
dure, 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 main- 
lain 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, mar- 
shal, 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 pur- 
suant 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 Feder- 
al 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 desig- 
nated 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, de- 
cisions regarding mental health services shall be made in cooperation 
with the mental health director. When the administrator is other than a 
physician, final chnical 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 in- 
dicates to child supervision staff that there are no health contraindica- 
tions 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 alter- 
nate. Members designated to the hearing panel shall not be employed by, 
or citizens of, the county or city submitting an appeal. 

"Individual Education Program" (lEP) means a written statement de- 
termined in a meeting of the individualized education program team pur- 
suant 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 spe- 
cial 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 421 1 of the California Business and Pro- 



fessions Code. These drugs bear the legend, "Caution Federal Law Pro- 
hibits Dispensing Without a Prescription." The Food and Daig Adminis- 
tration (FDA) has determined, because of toxicity or other potentially 
harmful effects, that these drugs are not safe for use except under the su- 
pervision of a health care practitioner licensed by law to prescribe legend 
drugs. 

"Licensed health care personnel" means those individuals who are li- 
censed by the State to perform specified functions within a defined scope 
of practice. This includes but is not limited to the following classifica- 
tions of personnel: Physician/Psychiatrist, Dentist, Pharmacist. Physi- 
cian'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 ap- 
pointed 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, re- 
gional youth education facility or boot camp in accordance with provi- 
sions in this subchapter. 

"Mental Health Director" means that individual who is designated by 
contract, written agreement or job description to have administrative re- 
sponsibility for the mental health program. The health administrator shall 
work in cooperation with the mental health director to develop and imple- 
ment mental health policies and procedures. 

"Minimum Standards for Local Detention Facilities" means those reg- 
ulations 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 1 8 years of age and includes those per- 
sons whose cases are under the jurisdiction of the adult criminal court. 

"New Generation design" means a design concept for detention facili- 
ties 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.) oc- 
cur in specified locations within the unit. 

"Notice of decision" means a written statement by the Executive Di- 
rector or the Corrections Standards Authority which contains the formal 
decision of the Executive Director of the CSA and the reason for that de- 
cision. 

"On-site health care staff" means licensed, certified or registered 
health care personnel who provide regularly scheduled health care ser- 
vices at the facility pursuant to a contract, written agreement or job de- 
scription. 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 man- 
agement, are medications which do not require a prescription (non-le- 
gend). 

"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 ap- 
proval 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. 



Page 40.10 



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Title 15 



Board of Corrections 



§1303 



"Proposed decision" means a written recommendation from the iiear- 
ing panel/hearing officer to the full Corrections Standards Authority con- 
taining 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 psy- 
chiatric 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 dis- 
satisfaction about a procedure or action taken, requesting a hearing on the 
matter, and filed with the Execufive Director of the Corrections Stan- 
dards Authority. 

"Responsible physician" means that physician who is appropriately li- 
censed 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 re- 
sponsible 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 in- 
tended to withstand measurable, complex loads from deliberate and sus- 
tained 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 trans- 
fer 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 con- 
trolled physical environment used for the safekeeping and accounting of 
medications. 

"Supervisory staff means a staff person whose primary duties may in- 
clude, 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 ac- 
tions, 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, Wel- 
fare 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 1-1 1-200I; 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 pur- 
suant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 

25). 

§1303. Pilot Projects. 

(a) The Corrections Standards Authority may, upon application of a 
city, county or city and county, grant pilot project status to a program, op- 
erational innovation or new concept related to the operation and manage- 
ment 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 pro- 
posed 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 re- 
questing 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 appli- 
cant 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 Correc- 
tions 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 re- 
ports 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 appli- 
cation 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 Author- 
ity 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 com- 
pliance. The pilot project shall be granted an automatic extension of time 
to operate the project pending the Corrections Standards Authority con- 
sideration of an alternate means of compliance. 

Note. Authority cited: Sections 21 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209. Wel- 



Page 40.11 



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§1304 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



fare and Institutions Code; 1995-96 Budeet Act, Chapter 303, Item Number 
5430-001-001, Statutes of 1995; Assembfy Bill 904, Chapter 304, Statutes of 
1995; Assembly Bill 1 397, Chapter 1 2, Statutes of 1 996; and Section 15376, Gov- 
ernment Code. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operafive 7-18-2007 (Register 2007rNo. 25). 

§ 1304. Alternate Means of Compliance. 

(a) An alternate means of compliance is the long-term method used 
by a local juvenile facility/system, approved by the Corrections Stan- 
dards 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 expira- 
tion of its pilot project, if needed. 

(b) Applications for alternate means of compliance shall meet the spir- 
it and intent of improving facility management, shall be equal to, or ex- 
ceed the intent of, existing standard(s), and shall include reporting and 
evaluation components. An application for alternate means of com- 
pliance 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 in- 
tended 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 appropri- 
ateness of the proposed alternative, the applicant's history of complian- 
ce/non-compliance with regulations, the completeness of the informa- 
tion 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 re- 
questing 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 appli- 
cation shall be placed on the agenda for the CSA' s consideration at a reg- 
ularly 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 ap- 
proved by the Corrections Standards Authority, the CSA shall notify the 
applicant, in writing within 10 working days of the meeting, of any condi- 
tions 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 sta- 
tus as long as they meet the terms of this regulation. 
NOTE: Authority cited: Sections 210 and 885, Welfare and InstituUons Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Wel- 
faie 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 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007rNo. 25). 



Article 2. 



Application of Standards and 
Inspections 



§ 1 31 0. Applicability of Standards. 

All standards and requirements contained herein shall apply to any 
county, city and county, or joint juvenile facility that is used for the con- 
finement 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 ex- 
cept the following 

1 322(c) Child Supervision Staff Orientation and Training 

1 370 School Program 

1415 Health Education 

1464 Food Services Manager 

1481 Special Clothing 

1488 Hair Care Services 

NOTE: Authority cited: Secfions 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Wel- 
fare 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 sub- 
secfions (c)-(f) filed 6-23-2003; operafive 7-23-2003 (Register 2003, No. 26). 

§1311. Emergency Suspension of Standards or 
Requirements. 

Nothing contained herein shall be construed to deny the power of any 
facility administrator to temporarily suspend any standard or require- 
ment 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 sus- 
pended. 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 Au- 
thority for a time specified by him/her. 

NOTE: Authority cited: Secfions 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Wel- 
fare 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 secfion filed 3-6-97; operafive 4-5-97 (Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operafive 7-18-2007 (Register 2007, No. 25). 



Page 40.12 



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§1314 



§ 1312. Juvenile Criminal History Information. 

Such juvenile criminal history information as is necessary for the con- 
duct 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. 

NOTH: Authority cited: Sections 2 1 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 Num- 
ber .5430-001-001, Statutes of 1995; and Assembly Bill 904, Chapter 304, Stat- 
utes 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 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007rNo. 25). 

§ 1313. County Inspection and Evaluation of Building and 
Grounds. 

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 Su- 
pervisors to approve building safety; 

(b) fire authority having jurisdiction, including a fire clearance as re- 
quired by Health and Safety Code Section 13146.1(a) and (b); 

(c) local health officer, inspection in accordance with Health and Safe- 
ty 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 Institu- 
tions 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, Welfai'e 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 1-1 1-2001 ; 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). 

§1314. Appeal. 

The appeal hearing procedures are intended to provide a review con- 
cerning the Corrections Standards Authority application and enforce- 
ment 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 dissa- 
tisfied with an action of the Corrections Standards Authority staff, it may 
appeal the cause of the dissatisfaction to the Executive Director. Such ap- 
peal 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 re- 
lated documentation and render a decision on the appeal within 30 calen- 
dar days except in those cases where the appellant withdraws or aban- 
dons 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 corre- 
spondence 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 dissa- 
tisfied with the decision of the Executive Director, it may file a request 
for an appeal hearing with the Corrections Standards Authority. Such ap- 
peal 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 appel- 
lant 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 con- 
sent 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 pan- 
el and, under such circumstances, the hearing panel shall consider the 
written information submitted by the appellant and other relevant infor- 
mation as may be deemed appropriate. 

(5) The hearing is not formal or judicial in nature. Pertinent and rela- 
tive information, whether written or oral, shall be accepted. Hearings 
shall be tape recorded. 

(6) After the hearing has been completed, the hearing panel shall sub- 
mit 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 deci- 
sion, shall constitute the exclusive record for decision and shall be avail- 
able 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 



Page 40.13 



Register 2007, No. 25; 6-22-2007 



§1320 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 1-1 1-2001 ; 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 6-1 8-2007 for aaency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007rNo. 25). 



Article 3. 



Training, Personnel, and 
Management 



§ 1320. Appointment and Qualifications. 

(a) Appointment 

In each juvenile facility there shall be a superintendent, director or fa- 
cility manager in charge of its program and employees. Such superinten- 
dent, director, facility manager and other employees of the facility shall 
be appointed by the facility administrator pursuant to applicable provi- 
sions of law. 

(b) Employee Qualifications 
Each facility shall: 

( 1 ) recruit and hire employees who possess knowledge, skills and abi- 
lities 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 ill- 
nesses of childhood (i.e., diphtheria, rubeola, rubella, and mumps); 

(3) adhere to the minimum standards for the selection and training re- 
quirements 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 Gov- 
ernment Code. 

(c) Contract personnel, volunteers, and other non-employees of the fa- 
cility, 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, Welfai-e 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 (secdons 1 320-1 326) and section filed 3-6-97; operative 4-5-97 
(Register 97, No. 10). 

2. Amendment of subsecfion (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 6-1 8-2007 for agency name change pur- 
suant to Penal Code section 6024; operative 7-18-2007 (Register 2007, No. 
25). 

§1321. Staffing. 

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 insuffi- 
cient numbers of staff on duty absent exigent circumstances; 

(c) have a sufficient number of supervisory level staff to ensure ade- 
quate supervision of all staff members; 

(d) have a clearly identified person on duty at all times who is responsi- 
ble for operations and activities and has completed the Juvenile Correc- 
tions 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 ineeting 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 neces- 
sary records; or, a facility may serve food that meets nutritional standards 
prepared by an outside source; 

(g) have sufficient adininistrative, clerical, recreational, medical, den- 
tal, 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 di- 
verted from supervising minors; and, 

(h) assign sufficient child supervision staff to provide continuous wide 
awake supervision of minors, subject to temporary variations in staff as- 
signments 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 su- 
pervision staff member on duty for each 10 minors in detention; 

(B) during the hours that minors are asleep, one wide-awake child su- 
pervision 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 su- 
pervision staff member on duty for each 10 minors in detention; 

(B) during the hours that minors are asleep, one wide-awake child su- 
pervision 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 su- 
pervision staff member on duty for each 1 5 minors in the camp popula- 
tion; 

(B) during the hours that minors are asleep, one wide-awake child su- 
pervision 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 ar- 
rangements 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 ad- 
ministration, 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 2 1 and 885, Welfare and Institufions 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. 



Page 40.14 



Register 2007, No. 25; 6-22-2007 



Title 15 



Board of Corrections 



§1325 



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. 

(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 responsi- 
bility; 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 ser- 
vices; 

(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 re- 
quirements 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, Welfai-e and InstituUons 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 1-1 1-2001; 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). 

§ 1323. Fire and Life Safety. 

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 estab- 
lished 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. Ref- 
erence: 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; operafive 4-5-97 (Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code secfion 6024; operafive 7-18-2007 (Register 2007, No. 25). 

§ 1324. Policy and Procedures Manual. 

All facility admim'strators 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 re- 
cords relating to the standards and requirements set forth in these regula- 
tions shall be accessible to the Corrections Standards Authority on re- 
quest. 

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 Pre- 
vention Commission or Probation Committee, probation staff, school 
personnel and other agencies that are involved in juvenile facility pro- 
grams; 

(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 sys- 
tem 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, place- 
ment, care, treatment, and benefits, and provides that no person shall be 
subject to discrimination or harassment on the basis of actual or per- 
ceived race, ethnic group identification, ancestry, national origin, color, 
religion, sex, sexual orientation, gender identity, mental or physical dis- 
ability, or HIV status; and, 

(i) storage and maintenance requirements for any chemical agents 
used in the facility. 

Note: Authority cited: Secfions 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 sub.sections 
(f)-(r) filed 1-11-2001; operafive 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 pur- 
suant to Penal Code secfion 6024; operative 7-18-2007 (Register 2007, No. 

25). 

§1325. Fire Safety Plan. 

The facility administrator shall consult with the local fire department 
having jurisdiction over the facility, or with the State Fire Marshal, in de- 
veloping 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: Secfion 6030 Penal Code; Sections 210 and 885, Welfare 
and InstituUons Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Ref- 
erence: 1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes 



Page 40.15 



Register 2007, No. 25; 6-22-2007 



§1326 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 (Regi.ster 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). 

§1326. Security Review. 

Each facility administrator shall develop policies and procedures to 
annually review, evaluate, and document security of the facility. The re- 
view and evaluation shall include internal and external security, includ- 
ing, but not limited to, key control, equipment, and staff training. 
NOTE; Authority cited: Sections 210 and 885, Welfai-e and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 199.5-96 Budeet 
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 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

§1327. Emergency Procedures. 

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 appUcable; and, 

(f) emergency evacuation of the facility. 

(g) a program to provide all child supervision staff with an annual re- 
view 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: Secfions 2 1 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 secfion filed 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

2. Amendment of subsection (c) and new subsecfion (g) filed 6-23-2003; opera- 
five 7-23-2003 (Register 2003, No. 26). 

§ 1328. Safety Checks. 

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 as- 
saultive behavior and to summon aid in emergencies. All safety checks 
shall be documented. 

NOTE: Authority cited: Sections 2 1 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; Assemblv Bill 
904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes 
of 1996. 

History 

1. New secfion filed 1-1 1-200I; operative 2-10-2001 (Register 2001, No. 2). 

2. Amendment of section heading and secfion filed 6-23-2003; operative 
7-23-2003 (Register 2003, No. 26). 



Article 4. Records and Public Information 

§1340. Reporting of Legal Actions. 

Each facility shall submit to the Corrections Standards Authority a let- 
ter of notification on each legal action, pertaining to conditions of con- 
finement, filed against persons or legal entities responsible for juvenile 
facility operafion. 



NOTE: Authority cited: Sections 2 1 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 1 2, Statutes 
of 1996. 

History 

1 . New article 4 (sections 1 340-1 343) and section filed 3-6-97; operafive 4-5-97 
(Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code secfion 6024; operafive 7-18-2007 (Register 2007, No. 25). 

§ 1 341 . Death and Serious Illness or Injury of a Minor 
While Detained. 

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 Gen- 
eral 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 facihty 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 adminis- 
trator, 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 facil- 
ity 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 adminis- 
trator 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: Secfions 210 and 885, Welfare and Institufions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Secfion 209, Wel- 
fare 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 secfion filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of secfion heading and secfion 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 secfion filed 6-18-2007 including agency name change pur- 
suant to Penal Code secfion 6024; operative 7-18-2007 (Register 2007, No. 
25). 

§1342. Population Accounting. 

Each juvenile facihty shall submit required population and profile sur- 
vey reports to the Corrections Standards Authority within 10 working 
days after the end of each reporfing period, in a format to be provided by 
the CSA. 

NOTE; Authority cited: Sections 2 1 and 885, Welfare and Insfitutions 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 secfion filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of first paragraph and repealer of subsections (a)-(c) filed 
1-1 1-2001 ; operafive 2-10-2001 (Register 2001, No. 2). 

3. Amendment filed 6-23-2003; operafive 7-23-2003 (Register 2003, No. 26). 

4. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code secfion 6024; operafive 7-18-2007 (Register 2007, No. 25). 

§1343. Juvenile Facility Capacity. 

The Corrections Standards Authority shall establish the maximum ca- 
pacity 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 



Page 40.16 



Register 2007, No. 25; 6-22-2007 



Title 15 



Board of Corrections 



§1354 



the CSA in a format provided by the CSA. The Executive Director of the 
Corrections Standards Authority shall review the juvenile facility's re- 
port and initiate a process to a preliminary determination if the facility is 
suitable for the continued confinement of minors. If the Executive Direc- 
tor determines that the facility is unsuitable for the confinement of mi- 
nors, the recommendation shall be reviewed by the Corrections Stan- 
dards 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. 

NOTIr. Authority cited: Sections 2 10 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 1-1 1-2001; operafive 2-10-2001 (Register 2001, No. 2). 

3. Amendment of section filed 6-18-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007rNo. 25). 



Article 5. Classification and Segregation 

§1350. Admittance Procedures. 

The facility administrator shall develop written policies and proce- 
dures for admittance of minors. In addition to the requirements of Sec- 
tions 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 guide- 
lines that include written screening criteria for inclusion and exclusion 
from the program. 

Note: Authority cited: Sections 210 and 885, Welfare and Insdtudons 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; operafive 7-18-2007 (Register 2007, No. 25). 

§1351. Release Procedures. 

The facility administrator shall develop written policies and proce- 
dures 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 poli- 
cies and procedures for the furlough of minors from custody. 
NOTE: Authority cited: Sections 210 and 885, Welfare and Insfitutions 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; operafive 4-5-97 (Register 97, No. 10). 

2. Amendment of subsection (e) filed 1-1 1-2001 ; operafive 2-10-2001 (Register 
2001, No. 2). 



3. Amendment of subsection (d) filed 6-23-2003; operative 7-23-2003 (Register 
2003, No. 26). 

§1352. Classification. 

The facility administrator shall develop written policies and proce- 
dures 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 facil- 
ity; classification factors shall include, but not be limited to: age. maturi- 
ty, 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 secfion filed 3-6-97; operafive 4-5-97 (Register 97, No. 10). 

2. Amendment filed 1-11-2001; operafive 2-10-2001 (Register 2001, No. 2). 

§1353. Orientation. 

The facility administrator shall develop written policies and proce- 
dures to orient a minor prior to placement in a living area. Both written 
and verbal information shall be provided. Provision shall be made to pro- 
vide 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 hy- 
giene; 

(k) correspondence, visiting and telephone use; 

(/) 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: Secfions 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 199.5-96 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 1 2, Statutes 
of 1996. 

History 

1. New secfion filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of subsecfions (i) and (j) and new subsection (k) filed 1-1 1-2001 ; 
operative 2-10-2001 (Register 2001, No. 2). 

3. New subsecfions (e)-(h) and subsection relettering filed 6-18-2007; operative 
7-18-2007 (Register 2007, No. 25). 

§1354. Segregation. 

The facility administrator shall develop written policies and proce- 
dures concerning the need to segregate minors. Minors who are segre- 
gated shall not be denied normal privileges available at the facility, ex- 
cept when necessary to accomplish the objectives of segregation. Written 
procedures shall be developed which provide a review of all minors to 



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delermine whether it is appropriate for them to remain in segregation and 
for direct visual observation. When segregation is for the purpose of dis- 
cipline. Title 15. Section 1390 shall apply. 

NOTE: Authority cited: Sections 2 1 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budset 
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. 

The facility administrator shall develop written policies and proce- 
dures 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 liinited 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 pro- 
gram 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 docu- 
mentation that provides: 

( 1 ) periodic evaluation or progress towards meeting the objectives, in- 
cluding 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 Dis- 
abled 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 1-1 1-2001 ; 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. 

The facility administrator shall develop written policies and proce- 
dures 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 men- 
tal 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). 



§1357. Use of Force. 

The facility administrator, in cooperation with the responsible physi- 
cian, shall develop written policies and procedures for the use of force, 
which may include chemical agents. Force shall never be applied as pun- 
ishment, 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 when- 
ever 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 affirinative 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 improp- 
er 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 accor- 
dance with Penal Code 6030(f) and Welfare and Institutions Code Sec- 
tion 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. Ref- 
erence: 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 I-I I-200I ; operative 2-10-2001 (Reg- 
ister 2001, No. 2). 

3. Amendment of subsection (a)(4) filed 6-23-2003; operative 7-23-2003 (Reg- 
ister 2003. No. 26). 

4. Amendment of subsections (a)(1), (a)(3)-(4) and (b) filed 6-1 8-2007; operative 
7-18-2007 (Register 2007, No. 25). 

5. Amendment of subsection (b)(1), new subsection (b)(2) and subsection renum- 
bering 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 re- 
pealed by operation of law on the following day. 

§ 1358. Use of Physical Restraints. 

(a) The facility administrator, in cooperation with the responsible phy- 
sician and mental health director, shall develop written policies and pro- 
cedures for the use of restraint devices. In addition to the areas specifical- 
ly 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 san- 
itation 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 re- 
straints should be utilized only when it appears less restrictive alterna- 
tives would be ineffective in controlling the disordered behavior. Physi- 
cal 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. 



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§1361 



(c) Minors shall be placed in restraints only with the approval of the 
facility manager or designee. The facility manager may delegate author- 
ity to place a minor in restraints to a physician. Reasons for continued re- 
tention 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 consulta- 
tion 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 be- 
hind 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 move- 
ment 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 Sec- 
tion 222. 

NOTE; Authority cited: Sections 2 1 and 885, Welfare and Institutions Code. Ref- 
erence: 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 (0 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 lan- 
guage will be repealed by operation of law on the following day. 

§ 1359. Safety Room Procedures. 

The facility administrator, in cooperation with the responsible physi- 
cian, 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 physi- 
cal 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 documenta- 
tion 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 reten- 
tion 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, in- 
cluding attempts to use less restrictive means of control, and decisions to 
continue and end placement. 



NOTE: Authority cited: Sections 21 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 1-1 1-2001; 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). 

§1360. Searches. 

The facility administrator shall develop written policies and proce- 
dures 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 dis- 
cipline or punishment. Written procedures shall address each of the fol- 
lowing: 

(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 1 2, Statutes 
of 1996. 

History 

1. New secfion filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of subsection (d) and repealer of subsections (d)(l)-(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). 

§ 1 361 . Grievance Procedure. 

The facility administrator shall develop written policies and proce- 
dures whereby any minor may appeal and have resolved grievances relat- 
ing 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 facihty manager ensur- 
es: 

(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) resolufion of the grievance at the lowest appropriate staff level; 

(d) provision for a prompt review and response to grievances within 
a specified fime 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 admin- 
istrator 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 ac- 
cordance with written policies and procedures within a specified time- 
frame. 

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. 



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Title 15 



History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment filed 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

3. Amendment of subsection (a), new subsection (b). subsection relettering and 
ainendment of newly designated subsection (d) filed 6-18-2007; operative 
7-18-2007 (Register 2007, No. 25). 

§ 1362. Reporting of Incidents. 

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, Hem 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; operadve 4-5-97 (Register 97, No. 10). 

§ 1 363. Use of Reasonable Force to Collect DNA 
Specimens, Samples, Impressions. 

(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 iinpressions 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 correc- 
tional employee, faced with similar facts and circumstances, would con- 
sider 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 re- 
fusal. 

(b) The force shall not be used without the prior written authorization 
of the supervising officer on duty. The authorization shall include in- 
formation 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 extrac- 
tion 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 sec- 
tion, the facility administrator shall send a report to the Corrections Stan- 
dards Authority, documenting a refusal to voluntarily submit the requi- 
site 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 1 397, Chapter 1 2, Statutes of 1 996. Ref- 
erence: 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 secdon filed 6-18-2007; operative 7-18-2007 (Register 2007, No. 25). 



Article 6. Programs and Activities 

§1370. Education Program. 

(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 ad- 
ministrator shall request an annual review of each required element of the 
program by the Superintendent of Schools, and a report or review check- 
list on compliance, deficiencies, and corrective action needed to achieve 
compliance with this section. 

(b) Required Elements 

The facility school prograin 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 pro- 
vided a quality educational program that includes instmctional strategies 
designed to respond to the different learning styles and abilities of stu- 
dents. 

(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 pro- 
vided 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 spe- 
cial 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 (lEP) and 504 Plan will also be requested. Upon re- 



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§1376 



ceipt 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 for- 
warded 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. 

NOTH: 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 l-1 1-2001; 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)(l)-(2) filed 6-18-2007; 
operative 7-18-2007 (Register 2007, No. 25). 

§ 1371. Recreation and Exercise. 

(a) The facility administrator shall develop and implement written po- 
licies and procedures for recreation and exercise of minors. 

(b) Equivalent programming for both female and male minors shall ex- 
ist for all recreation programs. 

(c) The recreation program shall include: a written daily schedule; ac- 
cess to approved reading materials; other programs such as television, ra- 
dio, ping pong, video and games. Activities shall be supervised and in- 
clude 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 Institurions 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 relet- 
tering filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§1372. Religious Program. 

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 acti- 
vities 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 2 1 and 885, Welfare and Institurions 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 1 2, 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 1-1 1-2001 ; operative 2-1 0-2001 (Register 
2001, No. 2). 

§ 1373. Work Program. 

The facility administrator shall develop policies and procedures re- 
garding the assignment of minors to work programs. Work assigned to 
a minor shall be meaningful, constructive and related to vocational train- 
ing 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 Budcet 
Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 
904, Chapter 304, Statutes of 1995; and Assembly Bill 1 397, Chapter 1 2, Statutes 
of 1996. 

History 
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

§1374. Visiting. 

Tlie facility administrator shall develop written policies and proce- 
dures 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 neces- 
sary to maintain order and security. Opportunity for visitation shall be a 
minimum of two hours per week. Visits may be supervised, but conversa- 
tions 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). 

§1375. Correspondence. 

The facility administrator shall develop and implement written poli- 
cies 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: SecUons 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 1 397, Chapter 1 2, Statutes 
of 1996. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of section filed 6-1 8-2007 for agency name change pursuant to Pe- 
nal Code section 6024; operative 7-18-2007 (Register 2007, No. 25). 

§ 1376. Telephone Access. 

The administrator of each juvenile facility shall develop and imple- 
ment 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). 



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§ 1377. Access to Legal Services. 

The facility administrator sliall 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 tele- 
phone access as appropriate. 

NOTli: Authority cited: Sections 210 and 885. Welfare and histitutions Code; and 
Assembly Bill 1397. Chapter 12, Statutes of 1996. Reference: 199.5-96 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 1-1 1-2001 ; operative 2-10-2001 (Register 
2001, No. 2). 

3. Amendment repealing last paragraph filed 6-23-2003; operative 7-23-2003 
(Regi.ster 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. 

Programs designed to promote social awareness and reduce recidi- 
vism shall be provided. Social Awareness Programs shall take into con- 
sideration 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 reso- 
lution; anger management; parenting skills; juvenile justice; self-es- 
teem; building effective decision making skills; appropriate gender spe- 
cific programming; and, other topics that suit the needs of the minor. 
There will be a written annual record review of the programs by the re- 
sponsible agency to ensure that program content offered is current, con- 
sistent, 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 

§1390. Discipline. 

The facility administrator shall develop written policies and proce- 
dures 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 hy- 
giene 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 disci- 
plinary 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 Budeet 
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 1-1 1-2001 : 
operative 2-10-2001 (Register 2001, No. 2). 

3. Amendment of first pai-agraph filed 6-1 8-2007; operative 7-1 8-2007 (Register 
2007, No. 25). 

§ 1 391 . Discipline Process. 

The facility administrator shall develop written policies and proce- 
dures for the administration of discipline which shall include, but not be 
limited to: 

(a) designation of personnel authorized to impose discipline for viola- 
tion 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 counsel- 
ing 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 vio- 
lation 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 testi- 
mony; 

(4) provision for minor to be assisted by staff in the hearing process; 

(5) provision for administrative review. 

NOTE: Authority cited: Sections 2 1 and 885, Welfare and Institufions 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 1-1 1-2001; operative 2-10-2001 
(Register 2001, No. 2). 



Article 8. Health Services 

§ 1400. Responsibility for Health Care Services. 

The facility administrator shall ensure that health care services are pro- 
vided to all minors. The facility shall have a designated health adininis- 
trator who, in cooperation with the mental health director and facility ad- 
ministrator 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 pro- 
viders. 

When the health administrator is not a physician, there shall be a desig- 
nated responsible physician who shall develop policy in health care mat- 
ters 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 



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§1406 



Act, Chapter 303, Item Number 5430-001-001. Statutes of 1995: Assembly Bill 
904. Chapter 304, Statutes of 1995; and Assembly Bill 1 397. 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 (Reg- 
ister 2003, No. 26). 

§ 1 401 . Patient Treatment Decisions. 

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 supervi- 
sion 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: 199.5-96 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). 

§ 1 402. Scope of Health Care. 

(a) The health administrator, in cooperation with the facility adminis- 
trator, 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 facil- 
ity 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 con- 
finement. 

(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 1-1 1-2001 ; operative 2-10-2001 (Reg- 
ister 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. 

(a) In juvenile facilities with on-site health care staff, the health ad- 
ministrator, 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 facil- 
ity administrator. 

(b) The health administrator, in cooperation with the responsible phy- 
sician and the facility administrator, shall establish policies and proce- 
dures 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 identi- 
fied deficiencies in the medical, dental, mental health and pharmaceuti- 
cal services delivered. 

(2) Based on information from these assessments, the health adminis- 
trator shall provide the facility administrator with an annual written re- 
port on medical, dental, mental health and pharmaceutical services. 



(c) Medical, mental and dental services shall be reviewed at least quar- 
terly, at documented adininistrative meetings between the health and fa- 
cility 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; Assemblv Bill 
904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12. Statutes 
on996. 

History 
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

§ 1404. Health Care Staff Qualifications. 

(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 pop- 
ulation. 

(b) In all juvenile facilities providing on-site health care services, the 
health administrator, in cooperation with the facility adininistrator, shall 
establish policy and procedures to assure that State licensure, certifica- 
tion, or registration requirements and restrictions that apply in the com- 
munity, also apply to health care personnel who provide services to mi- 
nors. 

(c) Appropriate credentials shall be on file at the facility, or in another 
central location where they are available for review. Policy and proce- 
dures 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 1 2, Statutes 
of 1996. 

History 
1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

§1405. Health Care Staff Procedures. 

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 proce- 
dures 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). 

§ 1406. Health Care Records. 

In juvenile facilities providing on-site health care, the health adminis- 
trator, in cooperation with the facihty administrator, shall maintain com- 
plete 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, psy- 
chiatric, 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; 
(/) immunization records; and, 



Page 40.23 



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BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title IS 



(m) laboratory reports. 

Written policy and procedures shall provide for maintenance of the 
health record in a locked area separate from the confinement record. Ac- 
cess 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 ininors. 

Health care records shall be retained in accordance with community 
standards. 

NOTi;: Authority cited: Sections 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397. Chapter 12. Statutes of 1996. Reference: 1995-96 Budset 
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). 

§1407. Confidentiality. 

(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 pro- 
cedures 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 na- 
ture 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 or- 
der. 

(b) Medical and mental health services shall be conducted in a private 
manner such that information can be communicated confidentially. 
NOTE: Authority cited: Sections 2 1 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: Section 209, Wel- 
fare 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; operadve 4-5-97 (Register 97, No. 10). 

2. Amendment filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

3. Amendment designating existing section as subsection (a) and adopting new 
subsection (b) filed 6-18-2007; operadve 7-18-2007 (Register 2007, No. 25). 

§ 1408. Transfer of Health Care Summary and Records. 

The health administrator, in cooperation with the facility administra- 
tor, 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 su- 
pervision 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. 

For juvenile facilities with on-site health care staff, the health admin- 
istrator, 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 stan- 
dards 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 sys- 
tem to document that this review occurs. The facility administrator, facil- 
ity manager, health administrator and responsible physician shall desig- 
nate their approval by signing the manual. 

NOTE: Authority cited: Secdons 210 and 885, Welfare and Institudons Code; and 
Assembly Bill 1397, Chapter 12. Statutes of 1996. Reference: 1995-96 Budact 
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. 

The health administrator/responsible physician, in cooperation with 
the facility administrator and the local health officer, shall develop writ- 
ten policies and procedures to address the identification, treatment, con- 
trol and follow-up management of communicable diseases. The policies 
and procedures shall address, but not be limited to: 

(a) intake health screening procedures; 

(b) idendfication 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 idendfied by the local health officer and 
currenUy recommended public health interventions. 
NOTE: Authority cited: Sections 2 1 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 secdon filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

§1411. Access to Treatment. 

The health administrator, in cooperation with the facility administra- 
tor, shall develop written policy and procedures to provide unimpeded 
access to health care. 

Note; Authority cited: Sections 210 and 885, Welfare and Insdtudons 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). 



Page 40.24 



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§1430 



§ 1412. First Aid and Emergency Response. 

The health administrator/responsible physieian, 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, lo- 
cation and procedure for periodic inspection of the kits. 

Child supervision and health care staff shall be trained and written po- 
licies and procedures established to respond appropriately to emergen- 
cies requiring first aid. 

NOTH: 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, hem 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 1-1 1-2001 ; 
operative 2-10-2001 (Register 2001, No. 2). 

§ 1413. Individualized Treatment Plans. 

With the exception of special purpose juvenile halls, the health admi- 
nistrator/responsible physician, in cooperation with the facility adminis- 
trator, shall develop policy and procedures to assure that health care treat- 
ment 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 pro- 
gramming, treatment planning and implementation. 

(d) Program planning shall include pre-release arrangements for con- 
tinuing 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 Re- 
gional Center for the Developmentally Disabled for purposes of diagno- 
sis and/or treatment within 24 hours of identification, excluding holidays 
and weekends. 

NOTE: Authority cited: Sections 2 1 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. 

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 im- 
plications, including, but not hmited 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). 

§1415. Health Education. 

With the exception of special purpose juvenile halls, the health admin- 
istrator for each juvenile facility, in cooperation with the facility adminis- 
trator and the local health officer, shall develop written policies and pro- 
cedures 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 cur- 
rent 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; As.scmbly 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 pai-agraph filed 6-23-2003; operative 7-23-2003 (Register 
2003, No. 26). 

§1416. Reproductive Services. 

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, 22 1 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, Wel- 
fare 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, CaUfomia Code of Regulations (Register 97, No. 35). 

3. Amendment of first paragraph filed 6-23-2003; operafi ve 7-23-2003 (Register 
2003, No. 26). 

§1417. Pregnant Minors. 

With the exception of special purpose juvenile halls, the health admin- 
istrator for each juvenile facility, in cooperation with the facility adminis- 
trator, shall develop written policies and procedures pertaining to preg- 
nant minors that address the following: a diet, vitamins and education as 
required by Penal Code Section 6030(e) and limitations on the use of re- 
straints in accordance with Penal Code Section 6030(f) and Welfare and 
Institutions Code Section 222. 

NOTE: Authority cited: Sections 2 1 and 885, Welfare and Institutions Code. Ref- 
erence: Secdon 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 Com- 
pliance must be transmitted to OAL by 10-30-2008 or emergency language 
will be repealed by operation of law on the following day. 

§1430. Intake Health Screening. 

The health administrator/responsible physician, in cooperation with 
the facility administrator and mental health director shall establish poli- 
cies and procedures defining when a health evaluadon and/or treatment 
shall be obtained prior to acceptance for booking. Policies and proce- 
dures shall also establish a documented intake health screening proce- 
dure 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 requir- 
ing 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 juve- 
nile facility. The screening shall be conducted immediately upon entry 



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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 facil- 
ity, 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 commensu- 
rate 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 Budact 
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 pai'agraph and subsection (b) filed 6-23-2003; operative 
7-23-2003 (Register 2003, No. 26). 

§ 1431. Intoxicated and Substance Abusing Minors. 

(a) The responsible physician, in cooperation with the health adminis- 
trator and the facility administrator, shall develop written policy and pro- 
cedures 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 imme- 
diate 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 with- 
drawal 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 con- 
sistent 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 ob- 
servations 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 intoxi- 
cated behavior persists beyond six hours from the time of admission. 
NOTE: Authority cited: SecUons 210 and 885, Welfare and Insdtudons 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; operafive 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. 

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 mi- 
nors and for the timely identification of conditions necessary to safe- 
guard the health of the minor. 



(a) The health appraisal/medical examination shall be completed with- 
in 96 hours of admission to the facility and result in a compilation of iden- 
tified 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 immuni- 
zations as outlined below: 

(A) The health history includes: Review of the intake health screening, 
history of illnesses, operations, injuries, medications, allergies, immuni- 
zations, systems review, exposure to communicable diseases, family 
health history, habits (e.g.. tobacco, alcohol and other drugs), develop- 
mental 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 car- 
diovascular, 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 clinical- 
ly indicated, including pregnancy testing, urinalysis, hemoglobin or he- 
matocrit. 

(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 physi- 
cian, 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 oc- 
curs, 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 responsi- 
ble physician shall establish a policy for a medical evaluation and clear- 
ance. If this evaluation and clearance cannot be completed at the facility 
during the initial stay, it shall be completed prior to acceptance at the fa- 
cility. This evaluation and clearance shall include screening for tubercu- 
losis. 

(c) For minors who are transferred to juvenile facilities outside their 
detention system, the health administrator, in cooperation with the facil- 
ity 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 trans- 
fer; 

(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 Institufions 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. 



Page 40.26 



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Title 15 



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§1438 



• 



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. 

The health administrator, in cooperation with the facility administra- 
tor, 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 communi- 
cations, 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 atten- 
tion, or observed to be in need of health care, to be given that attention 
by licensed or certified health care personnel. 

(0 All health care requests shall be documented and maintained. 
NOTE: Authority cited: Sections 2 1 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. 

The health administrator, in cooperation with the facility administra- 
tor, shall establish written policy and procedures to obtain informed con- 
sent 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 obtain- 
ing 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). 

§1435. Dental Care. 

The health administrator, in cooperation with the facility administra- 
tor, shall develop written policy and procedures to require that dental 
treatment be provided to minors as necessary to respond to acute condi- 
tions 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 Insfitutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budget 
Act, Chapter 303. Item Number 5430-001-001, StaUites of 1995; Assembly Bill 
904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, Chapter 12, Statutes 
of] 996. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 



§ 1436. Prostheses and Orthopedic Devices. 

(a) The health administrator, in cooperation with the facility adminis- 
trator and the responsible physician shall develop written policy and pro- 
cedures 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 physi- 
cian. 

(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 InstituUons Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 1995-96 Budaet 
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. 

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 epi- 
sodes; 

(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 li- 
censed mental health facilities, and follow-up for minors whose psy- 
chiatric needs exceed the treatment capability of the facility; and, 

(g) assurance that any minor who displays significant symptoms of se- 
vere 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, psychol- 
ogist, 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 401 1 .6 or Welfare and Institutions Code Section 655 1 . 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 com- 
mitment under the LPS Act in Welfare and Institutions Code Section 
5000 et seq., all services shall be provided on a voluntary basis. Volun- 
tary mental health admissions may be sought pursuant to Penal Code Sec- 
tion 401 1.8 or Welfare and Institutions Code Section 6552. 
NOTE: Authority cited: Secdons 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 1 2, 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 1-1 1-2001 ; op- 
erative 2-10-2001 (Register 2001, No. 2). 

3. Amendment of subsection (g) filed 6-18-2007; operative 7-1 8-2007 (Register 
2007, No. 25). 

§ 1438. Pharmaceutical Management. 

For all juvenile facilities, the health admiinistrator, in consultation v,'ith 
a pharmacist and in cooperation with the facility administrator, shall de- 
velop written policy, establish procedures, and provide space and acces- 
sories 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: 



Page 40.27 



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§1439 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(1) securely lockable cabinets, closets, and refrigeration units; 

(2) a means for the positive identification of the recipient of the pre- 
scribed 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 anoth- 
er; 

(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 lim- 
ited 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 phar- 
macist shall provide the report to the health authority and the facility ad- 
ministrator. 

(b) Consistent with pharmacy laws and regulations, the health admin- 
istrator 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. Sup- 
plies of legend medications that have been properly dispensed and sup- 
plies 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, pharma- 
cist, or other persons authorized by law. 

(4) Preparation of labels can be done by a physician, dentist, pharma- 
cist or other personnel, both licensed and trained non-licensed, provided 
the label is checked and affixed to the medication container by the physi- 
cian, dentist, or pharmacist before administration or delivery to the mi- 
nor. 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 regis- 
tered 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 (Reg- 
ister 2007, No. 25). 



§ 1439. Psychotropic Medications. 

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 invol- 
untary psychotropic medications. 

(a) These policies and procedures shall include, but not be limited to: 

(1) protocols for physicians" written and verbal orders for psychotro- 
pic medications in dosages appropriate to the minor's need; 

(2) requirements that verbal orders be entered in the minor's health re- 
cord 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 pre- 
scribed 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 medi- 
cations is addressed in pre-release planning and prior to transfer to anoth- 
er facility or program; and. 

(6) provision for regular clinical/administrative review of utilization 
patterns for all psychotropic medications, including every emergency sit- 
uation. 

(b) Psychotropic medications shall not be administered to a minor ab- 
sent 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 pre- 
vention of serious bodily harm, and when there is insufficient time to ob- 
tain 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 psy- 
chotropic medications. Administration of psychotropic medication is not 
allowed for coercion, discipline, convenience or retaliation. 

NOTE: Authority cited: Sections 2 1 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. 

The health administrator, in cooperation with the mental health direc- 
tor and the facility administrator, shall develop a written suicide preven- 
tion 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 Institufions 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; operafive 7-18-2007 (Register 2007, No. 25). 

§ 1452. Collection of Forensic Evidence. 

The health administrator, in cooperation with the facility administra- 
tor, shall establish policies and procedures assuring that forensic medical 
services, including drawing of blood alcohol samples, body cavity 



• 



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§1461 



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. 

Noi E: Authority cited: Sections 2 10 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). 

§1453. Sexual Assaults. 

The health administrator, in cooperation with the facility administra- 
tor, shall develop policy and procedures for treating victims of sexual as- 
saults 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 cus- 
todial facility and is properly equipped and staffed with personnel trained 
and experienced in such procedures.. 

NOTE: Authority cited: Sections 210 and 885, Welfaie 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. 

The health administrator, in cooperation with the facility administra- 
tor, shall develop policy and procedures governing biomedical or behav- 
ioral research involving minors. Such research shall occur only when eth- 
ical, 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 adminis- 
trator 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 

§1460. Frequency of Serving. 

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 medi- 
cal diets as prescribed by the attending physician. 

A minimum of twenty minutes shall be allowed for the actual con- 
sumption 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 sched- 
uled facility meal. They shall be provided with a substitute meal and bev- 
erage, and minors on medical diets shall be provided with their pre- 
scribed 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). 

§1461. Minimum Diet. 

The minimum diet provided shall be based upon the nutritional and ca- 
loric requirements found in the 1999-2002 Dietary Reference Intakes 
(DRI) of the Food and Nutrition Board, Institute of Medicine of the Na- 
tional Academies; the 1990 Cahfomia Daily Food Guide, and the 2005 
Dietary Guidelines for Americans. Facilities electing to provide vege- 
tarian 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 vegeta- 
ble 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 

J 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 for- 
tified 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 exam- 
ples: 

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 



Page 40.29 



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§1462 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Grapefaiit 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, com 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 require- 
ment 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 

Commeal, dry 2 Tbsp. 

Flour (wheat, whole wheat, carob, soybean, 

commeal, etc.) 2 1/2 Tbsp. 

Wheat germ 1/4 cup 

Pancakes, 5" 1 

Waffle, 5" 1 

Tortilla, 6" (com/flour) 1 

The following are examples of whole grains and whole grain products: 
Barley Pumpernickel bread 

Bran Rolled oats 

Brown rice Rye 

Com meal Whole grain 

tortilla bagels, muffins, and crackers, gra- 

ham 

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 

Popcom 

(e) Calories. The average daily caloric allowances shall be as follows: 
2200 calories for females 1 1 to 1 8 years of age; 2500 to 3000 calories for 
males 1 1 to 1 8 years of age. 

(1) Providing only the minimum servings outlined earlier in this regu- 
lation 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 re- 
quirements. Pregnant minors shall be provided with a diet as approved 
by a doctor in accordance with Penal Code Section 6030(e) and a supple- 
mental 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 1-1 1-2001; 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; operafive 
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 operafion of law on the 
following day. 

§1462. Medical Diets. 

Only the attending physican shall prescribe a medical diet. The medi- 
cal diets utilized by a facility shall be planned, prepared, and served with 
the consultation of a registered dietitian. The facility manager shall com- 
ply 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 avail- 
able in both the medical unit and the food service office for reference and 
information. A registered dietitian shall review, and the responsible phy- 
sician shall approve the diet manual on an annual basis. 
NOTE: Authority cited: Sections 210 and 885, Welfare and Institufions 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; operafive 7-23-2003 (Register 2003, No. 26). 

4. Amendment of secfion heading and secfion filed 6-18-2007; operative 
7-18-2007 (Register 2007, No. 25). 

§1463. Menus. 

Menus shall be planned at least one month in advance of their use. Me- 
nus shall be planned to provide a variety of foods considering the cultural 
and ethnic makeup of the facility, thus, preventing repetitive meals. Me- 
nus 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: Secfions 210 and 885, Welfare and Insfitutions 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 secfion filed 3-6-97; operafive 4-5-97 (Register 97, No. 10). 

2. Amendment filed 1-11-2001; operafive 2-10-2001 (Register 2001, No. 2). 

3. Amendment filed 6-23-2003; operafive 7-23-2003 (Register 2003, No. 26). 

§ 1464. Food Service Plan. 

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 ser- 
vices 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 



Page 4030 



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Title 15 



Board of Corrections 



§1464 



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; 

(t") 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; 

(/) 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 1 995; and Assembly Bill 1 397, Chapter 1 2, 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 8-2.5-97 pur- 
suant to section 100, title 1, California Code of Regulations (Register 97, No. 

35). 

3. Amendment of secfion heading and section filed 1-11-2001: operative 
2-10-2001 (Register 2001, No. 2). 

4. Repealer and new secfion filed 6-23-2003: operative 7-2.3-2003 (Register 
2003, No. 26). 



• 



[The next page is 40.31.] 



Page 40.30(a) 



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Title 15 



Board of Corrections 



§1484 



§ 1465. Food Handlers Education and Monitoring. 

The facility administrator, in cooperation with the food services man- 
ager, shall develop and implement written procedures to ensure that su- 
pervisory staff and food handlers receive ongoing training in safe food 
handling techniques, including personal hygiene, in accordance with 
Section 1 1 4020 of the Health and Safety Code, California Uniform Retail 
Food Facilities Law. The procedures shall include provisions for moni- 
toring compliance that ensure appropriate food handling and personal 
hygiene requirements. 

NOTH; Authority cited: Sections 210 and 885, Welfare and Institutions Code; and 
Assembly Bill 1397. Chapter 12, Statutes of 19%. Reference: 1995-96 Budget 
Act. Chapter .30.3. Item Number 5430-001-001, Statutes ofI995; 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 1-1 1-2001; 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. 

Kitchen facilities, sanitation, and food preparation, service, and stor- 
age shall comply with standards set forth in Health and Safety Code, Di- 
vision 104, Part 7, Chapter 4, Articles 1-8, Sections 1 13700 et seq. Cali- 
fornia 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 faci- 
lities (see Health and Safety Code section 1 1 3920) are (re)heated and 
served, the following applicable CURFFL standards may be waived by 
the local health officer: 

(a) section 1 14065, Equipment Standards; 

(b)section 1 14090(b) through (e) Dishwashing Equipment. If a do- 
mestic or commercial dishwasher, capable of providing heat to the sur- 
face 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 1141 40 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. 

Policies and procedures shall be developed and implemented to ensure 
that appropriate work assignments are made and food handlers are ade- 
quately supervised. Food shall be prepared and served only under the im- 
mediate 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 
7-2.3-2003 (Register 2003, No. 26). 



Article 10. Clothing and Personal Hygiene 

§ 1480. Standard Facility Clothing Issue. 

The minor" s personal clothing and footwear may be substituted for the 
institutional clothing and footwear specified in this regulation. The facil- 
ity 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, in- 
cluding shorts and tee shirts for males, and bra and panties for females. 

NOTE: Authority cited: Sections 2 1 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 1 397, 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 (Reg- 
ister 2003, No. 26). 

3. Amendment of subsection (b)(3) filed 6-18-2007; operative 7-18-2007 (Reg- 
ister 2007, No. 25). 

§ 1 481 . Special Clothing. 

Provision shall be made to issue suitable additional clothing essential 
for minors to perform special work assignments where the issue of regu- 
lar clothing would be unsanitary or inappropriate. 

NOTE: Authority cited: Sections 2 1 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). 

§1482. Clothing Exchange. 

The facility administrator shall develop written policies and proce- 
dures 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. 

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, trans- 
portation and processing of clothing, bedding and linen in a clean and 
sanitary manner. 

NOTE: Authority cited: Sections 210 and 885, V/elfare and Institutions Code; and 
Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 199.5-96 Budeet 
Act, Chapter 303, Item Number 5430-001-001, Statutes of 1995; Assembly Bill 
904, Chapter 304, Statutes of 1 995; and Assembly Bill 1 397, Chapter 1 2, 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. 

There shall be written policies and procedures developed by the facil- 
ity administrator to control the contamination and/or spread of vermin in 



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§1485 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 Budeel 
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 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

§1485. Issue of Personal Care Items. 

There shall be written policies and procedures developed by the facil- 
ity administrator for the availability of personal hygiene items. Each fe- 
male 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 iteins: 

(a) toothbaish; 

(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 be- 
tween 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 Institufions 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 1 397, Chapter 1 2, 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). 

§1486. Personal Hygiene. 

There shall be written policies and procedures developed by the facil- 
ity 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 2 1 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). 

§1487. Shaving. 

Minors shall be allowed to shave daily, unless their appearance must 
be maintained for reasons of identification in Court. The facility adminis- 
trator may suspend this requirement in relation to minors who are consid- 
ered 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). 

§ 1488. Hair Care Services. 

Written policies and procedures shall be developed by the facility ad- 
ministrator 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 proce- 
dure, by a method approved by the State Board of Barbering and Cos- 
metology. 

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 1-1 1-2001: operative 2-10-2001 (Register 2001. No. 2). 



Article 11. Bedding and Linens 

§ 1500. Standard Bedding and Linen Issue. 

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 re- 
quirements 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 (secdons 1500-1502) and section filed 3-6-97; operadve 
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. 

The facility administrator shall develop written policies and proce- 
dures 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 2 1 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 subsecfion (b)(3) filed 6-18-2007; operadve 7-18-2007 (Reg- 
ister 2007, No. 25). 

§1502. Mattresses. 

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 is- 
sue 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 re- 
quirements of the State Fire Marshal and Bureau of Home Furnishings 
test standard for penal mattresses. Technical Information Bulletin Num- 
ber 121, dated April 1980. 

NOTE: Authority cited: Sections 210 and 885, Welfare and Institufions 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 secdon filed 3-6-97; operadve 4-5-97 (Register 97, No. 10). 

2. Amendment of first paragraph filed 6-23-2003; operadve 7-23-2003 (Register 
2003, No. 26). 



Page 40 J2 



Register 2007, No. 25; 6-22-2007 



Title 15 



Board of Corrections 



§1541 



Article 12. Facility Sanitation and Safety 

§ 1510. Facility Sanitation, Safety and Maintenance. 

The facility administrator shall develop written policies and proce- 
dures for the maintenance of an acceptable level of cleanliness, repair and 
safety throughout the facility. The plan shall provide for a regular sched- 
ule 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 es- 
tablished by the health administrator. 

NOTE: Authority cited: Sections 2 1 and 885, Welfai'e 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 1-1 1-2001; operative 2-10-2001 (Register 2001, No. 2). 

§1511. Smoke Free Environment. 

The facility administrator shall develop policies and procedures to as- 
sure 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. 
NOTti: 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 

§1520. Purpose. 

NOTE: Authority cited: Section 6030 Penal Code; Sections 210 and 885, Welfare 
and Institutions Code; and Assembly Bill 1 397, Chapter 12, Statutes of 1996. Ref- 

HlSTORY 

1. New article 13 (sections 1520-1527) and section filed 3-6-97; operative 
4-5-97 (Register 97, No. 10). 

2. Repealer of article 13 (sections 1520-1527) and section filed 6-23-2003; op- 
erative 7-23-2003 (Register 2003, No. 26). 

§ 1521. Restrictions on Contact with Adult Prisoners. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1 397, Chapter 1 2, Statutes of 1 996. Reference: 
Sections 207.1 and 208, 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. Repealer of subsection (d) filed 1-11-2001; operative 2-10-2001 (Register 
2001, No. 2). 

3. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 
§1522. Classification. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions 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) filed I-l 1-2001; operative 2-10-2001 (Register 
2001, No. 2). 

3. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



§1523. Release Procedures. 

Note: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code: and Assembly Bill 1 397, Chapter 1 2, 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 1 397, 
Chapter 12, Statutes of 1996. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1524. Supervision of Minors. 

Note: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Section 207.1 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 subsection (a) filed 1-1 1-2001 ; operarive 2-10-2001 (Register 
2001. No. 2). 

3. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1525. Recreation Programs. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
sfitutions Code; and Assembly Bill 1 397, Chapter 12, Statutes of 1 996. 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 filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1526. Visiting. 

NOTE: Authority cited: Section 6030 Penal Code; Secfion 210.2, Welfare and In- 
stituUons 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 filed 1-11-2001; operafive 2-10-2001 (Register 2001, No. 2). 

§1527. Disciplinary Procedures. 

NOTE: Authority cited: Section 6030 Penal Code; Secdons 210 and 210.2, Wel- 
fare and Institutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. 
Reference: Section 208.1 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 subsection (a) filed 1-1 1-2001 ; operative 2-10-2001 (Register 
2001, No. 2). 

3. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



Article 14. Minors in Temporary Custody in 
a Law Enforcement Facility 

§1540. Purpose. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
sdtutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Section 208.1, 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 14 (sections 1540-1550) and secfion filed 3-6-97; operative 
4-5-97 (Register 97, No. 10). 

2. Repealer of article 14 (secdons 1540-1550) and section filed 6-23-2003; op- 
erative 7-23-2003 (Register 2003, No. 26). 

§ 1 541 . Minors Arrested for Law Violations. 

NOTE: Authority cited: Secrion 6030 Penal Code; Section 210.2, Welfare and In- 
sdtutions Code; and Assembly Bill 1397, Chapter 12. Statutes of 1996. Reference: 
Secdons 207.1 and 207.2, Welfare Insdtutions Code; 1995-96 Budget Act, Chap- 
ter 303, Item Number 5430-001-001 , SValules of 1995; Assembly Bill 904, Chap- 
ter 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). 



Page 40.33 



Register 2007, No. 25; 6-22-2007 



§1542 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1542. Written Policies and Procedures. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions 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 1 397, 
Chapter 12, Statutes of 1996. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003. No. 26). 

§ 1543. Care of Minors in Temporary Custody. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2. Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Section 207.1(d), Welfare and Institutions Code; 1995-96 Budset 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 subsecdon (a)(4) filed l-1 1-2001 ; operative 2-10-2001 (Reg- 
ister 2001, No. 2). 

3. Repealer filed 6-23-2003; operafive 7-23-2003 (Register 2003, No. 26). 

§ 1544. Contact Between IVIinors and Adult Prisoners. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1 397, Chapter 12, Statutes of 1996. Reference: 
Section 207.2. 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. Repealer filed 6-23-2003; operafive 7-23-2003 (Register 2003, No. 26). 

§ 1545. Decision on Secure Detention. 

NOTE: Authority cited: Secdon 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Sections 207. 1(d) and 207.2, Welfare and Insdtutions 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 secdon filed 3-6-97; operafive 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1546. Conditions of Secure Detention and Non-Secure 
Custody. 

NOTE: Authority cited: Secdon 6030 Penal Code; Secdon 210.2, Welfare and In- 
sdtutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Sections 207.1 and 207.2, Welfare and Institudons 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; operafive 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1547. Supervision of Minors Held Inside a Locked 
Enclosure. 

Note: Authority cited: Secdon 6030 Penal Code; Secdon 210.2, Welfare and In- 
sdtudons Code; and Assembly Bill 1397, Chapter 12, Statutes of 1 996. Reference: 
Sections 207.1 and 207.2, Welfare and Institudons 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; operadve 4-5-97 (Register 97, No. 10). 

2, Repealer filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1548. Supervision of Minors in Secure Detention Outside 

of a Locked Enclosure. 

NOTE: Authority cited: Secdon 6030 Penal Code; Secdon 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Sections 207. 1 (d) and 207.2, Welfare and Institutions Code; 1 995-96 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 secdon filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§ 1549. Criteria for Non-Secure Custody. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12. Statutes of 1996. Reference: 
Sections 207. 1(d) and 207.2, Welfare and Institudons Code; 1995-96 Budget Acl, 
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 filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1550. Supervision of Minors in Non-Secure Custody. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
Section 207.1(d). 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; operadve 2-10-2001 (Register 2001, No. 2). 

3. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



Article 15. 



Minors in Court Holding 
Facilities 



§1560. Purpose. 

Note: Authority cited: Section 6030, Penal Code; Section 210.2, Welfare and In- 
stitutions 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 15 (secdons 1560-1567) and section filed 3-6-97; operadve 
4-5-97 (Register 97, No. 10). 

2. Repealer of article 15 (secdons 1560-1567) and section filed 6-23-2003; op- 
erative 7-23-2003 (Register 2003, No. 26). 

§ 1 561 . Conditions of Detention. 

NOTE: Authority cited: Secdon 6030 Penal Code; Secdon 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397. Chapter 12, Statutes of 1996. Refer- 
ence: 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 secdon filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Amendment of subsection (a) filed 1-1 1-2001 ; operadve 2-10-2001 (Register 
2001, No. 2). 

3. Repealer filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§ 1562. Training. 

Note: Authority cited: Secdon 6030 Penal Code; Secdon 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397. Chapter 12, Statutes of 1996. Reference: 
1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 
1 995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1397, 
Chapter 12, Statutes of 1996. 

History 

1 . New secdon filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operadve 7-23-2003 (Register 2003, No. 26). 

§1563. Supervision of Minors. 

NOTE: Authority cited: Secdon 6030 Penal Code; Section 210.2, Welfare and In- 
stitudons 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; operadve 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§1564. Classification. 

NOTE; Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1 397, Chapter 12, Statutes of 1996. Reference: 
1995-96 Budget Act, Chapter 303, Item Number 5430-001-001, Statutes of 



Page 40 34 



Register 2007, No. 25; 6-22-2007 



Title 15 



Board of Corrections 



§1706 



1995: Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1 397, 
Chapter 12, Statutes of 1996. 

History 

1 . New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§1565. Incident Reports. 

NOTH: Authority cited: Section 6030 Penal Code; Section 2 1 0.2, Welfare and In- 
stitutions Code; and Assembly Bill 1397, Chapter 12, Statutes of 1996. Reference: 
1995-96 Budset Act. Chapter 303. Item Number 5430-001-001, Statutes of 
1995; Assembly Bill 904, Chapter 304, Statutes of 1995; and Assembly Bill 1 397, 
Chapter 12, Statutes of 1996. 

History 

1. New section filed 3-6-97; operative 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 

§1567. Suicide Prevention Program. 

NOTE: Authority cited: Section 6030 Penal Code; Section 210.2, Welfare and In- 
stitutions Code; and Assembly Bill 1 397, Chapter 1 2, Statutes of 1 996. 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 1 397, 
Chapter 12, Statutes of 1996. 

History 

1. New section filed 3-6-97; operaUve 4-5-97 (Register 97, No. 10). 

2. Repealer filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26). 



Subchapter 6. 2007 Local Jail Construction 
Funding Program 



Article 1. General Provisions 

§1700. Purpose. 

The purpose of these regulations is to implement and specify Califor- 
nia Government Code Sections 15820.90 through 15820.918. 
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, 15820.917 and 15820.918, Gov- 
ernment 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; operafive 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 operafion of law on the following day. 

2. New subchapter 6 (articles 1-5, sections 1700-1792), article I (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 1 0-14-2008 or emer- 
gency language will be repealed by operation of law on the following day. 

§1706. Definitions. 

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 Jail Construction Funding Program" means the require- 
ments set forth in Chapters 3. 1 1 and 3.12 of the California Government 
Code to finance the construction of local jails. 

"Administrative work plan" means a comprehensive plan for design- 
ing, performing and managing the proposed project. 

"Applicant" means the participating county that is applying for fund- 
ing through the 2007 Local Jail Construction Funding 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 oudining 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. 

"Assist the State in siting reentry facilities" means a Board of Supervi- 
sors' resolution outhning the county's intent to assist the State in siting 
a reentry facility, pursuant to Penal Code Section 6270. 



"Authority" means State Corrections Standards Authority, which acts 
by and through its Executive Director and representatives. 

"Board" means the Stale 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 Reha- 
bilitation. 

"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. 

"Conditionally award stale bond funds" means that counties selected 
for funding through the 2007 Local Jail Construction Funding Program 
will be awarded funds that are subject to or conditioned upon certain re- 
quireinents 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 se- 
lected county must enter into the state/county agreements as required by 
these regulations; and 3) the funding mechanism of lease-revenue bonds 
are able to be sold for each selected project. 

"Construction documents" means architectural plans and specifica- 
tions that are one hundred percent (100%) complete and generally in- 
clude: completed specifications with bid proposal documents; completed 
construction drawings; and special interest items (corrections, modifica- 
tions, or additions made to the documents). 

"Construction management" means a specialized, multidisciplinary 
function provided by a firm or individual acting as the county's represen- 
tative with the responsibility to guide the county through all phases of de- 
livery of the construction 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 de- 
fined in subsection (a) of Section 1 of Article XI of the California Consti- 
tution. 

"Design capacity" includes all housing areas, even those specialized 
units that are not included in the rated capacity. It does not, however, in- 
clude 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 spec- 
ifications (detention hardware, equipment, and furnishings); floor plans 
(to scale with dimensions, room designadons, 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 re- 
duce jail crowding as well as recidivism among local offenders. 

"EIR" means environmental impact report; a report as defined in the 
Cahfornia Environmental Quality Act (CEQA) as implemented in Title 
14, CCR, PubHc Resources Code, Sections 21000-21 177. 

"Evaluation and rating process" means the method by which each 
county's proposal will be evaluated using the criteria stipulated in Sec- 
tions 1712, 1714, 1730, 1731, and 1740of these regulations resulting in 
a rank ordered list for funding 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 that 
provides control and possession from CDCR to the Board for the site on 
which the financed local jail facility is to be located (the "Site"). 

"Hard match" and "cash match" are used interchangeably and mean 
cash dedicated to the project by the applicant for eligible expenditures as 
defined in Secfion 1714. 

"In-kind match" and "soft match" are used interchangeably and mean 
the cost of county-paid personnel, land, or services dedicated to the proj- 
ect by the apphcant for eligible expenditures as defined in Section 1714. 



Page 40.35 



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§1712 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



"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. 

"Lease-revenue bonds" and "stale bond funds" are interchangeable 
and means lease-revenue bonds issued by the State Public Works Board 
for jail facilities as authorized in Chapters 3. 1 1 and 3. 12 of the Cahfornia 
Government Code, as may be amended from time to time. 

"Local jail" means Type IL 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, only county-owned and operated local jails are eligible 
for state bond funding. Temporary and court holding facilities are not eli- 
gible for state bond funding. 

"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 1714. 

"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. 

"Needs assessment study" means a compilation of data that substanti- 
ates and justifies the scope of the project proposed to be funded through 
the 2007 Local Jail Construction Funding Program. 

"Net gain in beds" means the number of beds (rated capacity and spe- 
cial use beds) to be added, minus the number of existing beds (rated ca- 
pacity and special use beds) to be eliminated in the county (if any) as a 
result of the project constructed through the 2007 Local Jail Construction 
Funding Program. 

"Operational program statement" means a description of the intended 
operation of a local jail proposed to be funded through the 2007 Local Jail 
Construction Funding Program. 

"Participating county," as defined in California Government Code 
Sections 15820.90 and 15820.91, means any county or regional consor- 
tium 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 Califor- 
nia Government Code Sections 15820.90 and 15820.906 or 15820.91 
and 1 5820.9 1 6 respectively, for financing the construction or renovation 
of a local jail facility pursuant to this chapter. 

"Project" means the construction or renovation of a local jail facility 
proposed to be funded by the 2007 Local Jail Construction Funding Pro- 
gram. 

"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, provi- 
sions, and conditions governing the delivery of the project, as well as oth- 
er 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 partici- 
pate in the 2007 Local Jail Construction Funding Program. 

"Proposal evaluation criteria" means criterion by which proposals will 
be rated for funding through the 2007 Local Jail Construction Funding 
Program. 

"Rated capacity" means the number of inmate occupants, as deter- 
mined by the Authority, for which a facility's single and double occupan- 
cy 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 470A. 

"Reentry preference" means preference given to counties that agree to 
assist the State in siting reentry facilities pursuant to Government Code 
Sections 15820.907 and 15820.917. 

"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 ac- 
tual 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 local jail facility is located, in- 
cluding 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. 

"Soft match" and "in-kind match" are used interchangeably and mean 
the cost of county-paid personnel, land, or services dedicated to the proj- 
ect by the applicant for eligible expenditures as defined in Section 1714. 

"Special use beds" means beds for the purpose of appropriately hous- 
ing offenders in medical, mental health or disciplinary rooms, cells or 
units that are planned and designed in conformity to the standards and re- 
quirements contained in Title 1 5, CCR, Division 1 , Chapter 1 , Subchapt- 
er 4 and Title 24, CCR, Part 1 , Section 1 3- 1 02 and Part 2, Section 470A. 

"Staffing plan" means an assessment and identification of staffing lev- 
els needed to operate the proposed project. 

"State bond funds" and "lease-revenue bonds" are used interchange- 
ably 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 the 
California Government Code, as may be amended from time to time. 
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, 15820.9L 15820.911, 
15820.912, LS820.913, 15820.915, 15820.916, 15820.917 and 15820.918, Gov- 
ernment Code. 

History 

1. New section filed 2^-2008 as an emergency; operative 2-4-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 7-1 4-2008 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



Article 2. Eligibility Requirements 

§1712. Eligibility Requirements. 

(a) To be eligible for participation in the 2007 Local Jail Construction 
Funding 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 Sec- 
tion 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 agree- 
ing 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 agree- 
ing 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 coun- 
ties may apply for funding for the following: 

(1) Costs of construction of the Authority-approved local jail facility 
project including site preparation, fixed equipment and fixed furnish- 
ings, and installation of fixed equipment and fixed furnishings necessary 
for the operaUon 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 



Page 40 36 



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Title 15 



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§1730 



• 



costs of moveable equipment and moveable furnishings, shall be funded 
by the county. 

(c) Projects or items not eligible for state bond funding under these reg- 
ulations 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 for 
funding. 

(3) Purchase, lease, or rent of land; personnel or operational costs; 
construction management; architectural programming and design; envi- 
ronmental reports; soil and/or water contamination assessment/mitiga- 
tion; excavation of burial sites; moveable equipment and moveable fur- 
nishings; public art; off-site costs including access roads, power 
generation and utilities development; costs attributable to county build- 
ing permit fees and/or building code inspection fees; supplies; bonus 
payments; and debt service or interest payments on indebtedness re- 
quired to finance the county's share of project costs. 

Note; Authority cited: Sections 15820.906 and 15820.916. Government Code; 
and Section 6030, Penal Code. Reference: Sections 15820.901 15820.906. 
15820.907, 15820.91. 15820.916 and 15820.917, Government Code; and Sec- 
tions 3073 and 6270, Penal Code. 

History 

1 . New article 2 (sections 1712-1714) and section filed 2-4-2008 as an emergen- 
cy; 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 (secdons 1712-1714) and secdon refiled 7-14-2008 as an emer- 
gency; 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. 



§1714. Matching Fund Requirements. 

(a) Participating county matching funds for projects proposed to be 
funded under these regulations shall be a minimum of twenty-five per- 
cent (25%) of the total project costs pursuant to California Government 
Code Sections 15820.907 and 15820.917. 

(b) The Authority may reduce matching fund requirements for partici- 
pating counties with a general population below 200,000 upon petition 
by a participating county to the Authority requesting a lower level of 
matching funds. 

(c) Cash match must be at least 10 percent (10%) of total eligible proj- 
ect 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-ap- 
proved local jail facility project; 

(2) Architectural programming and design by consultants or contrac- 
tors; 

(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 audi- 
tor; 

(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 construc- 
tion, 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 facil- 
ity. 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 
acUvities directly related to the constmction project. 

(g) To qualify as match, local expenditures must be for the project 
funded by the Authority. 

NOTE: Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Section 6030. Penal Code. Reference: Sections 15820.906, 15820.907, 
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 Com- 
pliance must be transmitted to OAL by 7-14-2008 or emergency language will 
be repealed by operadon of law on the following day. 

2. New section refiled 7-14-2008 as an emergency: operative 7-14-2008 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code s^ection 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



Article 3. Application to Participate in 2007 
Local Jail Construction Funding Program 

§1730. Proposal. 

(a) The proposal will be submitted on 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 and 
incorporated into these regulations by reference herein. This is an inter- 
active form to be completed by counties electronically, printed and sub- 
mitted as the project proposal along with other required documents as at- 
tachments. The form can be accessed through the Authority's website at 
http://www.cdcr.ca.gov/Divisions Board.s/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 agreeing to assist the 
State in siting a reentry faciUty in its county, pursuant to Penal Code Sec- 
don 6270, if applicable; 

(2) A signed Board of Supervisors' resolution identifying the reentry 
site location(s), accompanied by a resoludon from the City Council if the 
site is owned by 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 continu- 
um 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 financing with designated state bond funding; 

(5) A needs assessment study, when applicable; 

(6) A description of the project need; 

(7) An estimated budget for the project, which must include identify- 
ing the amount of state bond funds requested and the local match to be 
provided; and, 

(8) A description of the proposed scope of work for the project includ- 
ing project impact, (i.e., number of beds to be added,) a construction and 
administrative work plan, and an esdmated timetable for completion of 
major phases of the project. 

NOTE; Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Secdon 6030, Penal Code. Reference: Secdons 15820.906 and 15820.916. 
Government Code; and Secdons 3073 and 6270, Penal Code. 

History 

1. New article 3 (secdons 1730-1754) and section filed 2^^2008 as an emergen- 
cy; 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 (secdons 1730-1754) and section refiled 7-14-2008 as an emer- 
gency; operative 7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code 
secdon 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. 



Page 40 J7 



Register 2008, No. 29; 7- 1 8-2008 



§1731 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



§ 1 731 . Needs Assessment Study. 

(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 proposal. 
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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1740. Proposal Evaluation Criteria. 

Pursuant to California Government Code Sections 15820.906, 
1 5820.907, 1 5820.9 16, and 1 5820.9 1 7, the criteria by which the propos- 
als 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 and 15820.916, Government Code; 
and Section 6030, Penal Code. Reference: Sections 15820.906, 15820.907, 
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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1747. Pre-Funding Requirements. 

(a) Prior to a participating county receiving state bond funds, the Au- 
thority shall ensure that the county is ready to proceed with construction. 
A participating county shall be deemed ready to proceed with construc- 
tion when it has done all of the following: 

(1) Met all the requirements in the proposal pursuant to Section 1730 
of these regulations; 

(2) As required in Section 1749, obtained compliance with the opera- 
tional and physical plant requirements in the Minimum Standards for Lo- 
cal Detention Facilities in Title 15, CCR, Division 1, Chapter 1, Sub- 
chapter 4 and Title 24, CCR, Part 1, Section 13-102 and Part 2, Section 
470A 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 con- 
tractor; 

(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 expendi- 



ture that is at least proportional to the expenditure of costs that are pro- 
posed 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 re- 
quirements; 

(7) Filed with the Authority a final notice of determination on its envi- 
ronmental 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 per- 
mit), 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 deter- 
mined 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. 

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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1 747.5. Requirements for the Siting Agreement. 

(a) A siting agreement between the CDCR and a participating county 
shall be entered into within ninety (90) calendar days following notifica- 
tion to the county by the Authority of the intent to conditionally award 
state bond funds 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 funding to the Board where a preference for re- 
entry 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) Language that states that the site is agreeable to CDCR. 

(3) The roles, responsibilities and performance expectations of the 
parties to establish a reentry facility. 

(4) 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. 

(5) A description of the location and design of the reentry facility, staf- 
fing and operations (where applicable) and additional terms as the parties 
deem necessary. 

Note: Authority cited: Secfions 15820.906 and 15820.916, Government Code; 
and Section 6030. Penal Code. Reference: Secfions 15820.905, 15820.907. 
15820.915 and 15820.917, Government Code. 

History 

1. New section filed 2^-2008 as an emergency; operative 2-4-2008 (Register 
2008, No. 6). Pursuant to Penal Code secfion 5058.3, a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1748. Requirements for the Project Delivery and 
Construction Agreement. 

(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 agreement shall consist of standard contracting require- 
ments used by the State of California as well as the roles, responsibilities 
and performance expectations of the parties for participation in and fund- 



• 



• 



Page 4038 



Register 2008, No. 29; 7-18-2008 



Title 15 



Board of Corrections 



§1751 



ing through the State's lease-revenue bond program for financing jail fa- 
cilities. 

(b) The agreement shall include, but not be limited to, the following: 

( 1 ) A narrative description of the project the participating county in- 
tends to construct, which shall include the design and construction or ren- 
ovation of the local jail facility, pursuant to California Government Code 
Sections 15820.901 and 15820.91 1, costs for design and constmction or 
renovation of the jail, and a schedule for completion of design and 
construction or renovation; 

(2) The performance expectations of the parties related to the acquisi- 
tion, pursuant to California Government Code Sections 15820.901 and 
15820.911: 

(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 local jail facility project, pursuant to 
California Government Code Sections 15820.901 and 15820.911; 

(4) Responsibilities for the ongoing maintenance and staffing during 
the financing, pursuant to California Government Code Sections 
15820.901 and 15820.911; 

(5) A brief statement as to who will be responsible for the legal, finan- 
cial, institutional, and managerial resources available to ensure the com- 
pleted construction of the jail; 

(6) Information contained in the formal project proposal; 

(7) Language that states that the participating county shall agree to in- 
demnify, defend, and hold harmless the State of California for any and 
all claims and losses accruing and resulting from or arising out of the par- 
ticipating county's use and occupancy of the local jail facility; and, 

(8) Language that states that the county agrees to maintain the tax-ex- 
empt status of the bonds, notes, or bond anticipation notes issued by the 
Board. 

(c) Counties shall require their construction contractors to post pay- 
ment 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: Sections 15820.906 and 15820.916, Government Code; 
and Section 6030, Penal Code. Reference: Sections 15820.901, 15820.905, 
15820.911 and 15820.9L5, 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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



§ 1749. Submittal of Architectural Drawings and 
Specifications. 

(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. 

(1) Pursuant to Title 24, CCR, Part 1, Section 13-102(c)3, an opera- 
tional 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 mini- 
mum jail standards or as design features that may pose serious safety, se- 
curity, 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, Subchapter4 and Title 24, CCR, 
Part 1 , Section 13-102 and Part 2, Section 470A and construction materi- 
als 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. 

(g) No state moneys shall be encumbered in contracts let by a partici- 
pating 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 Com- 
pliance must be transmitted to OAL by 7- 1 4-2008 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1750. Staffing Plan/Operating Cost Analysis. 

(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, delin- 
eated by custody and support staff; 

(3) Transition team program statement and costs; 

(4) Analysis of a thirty (30) year lifecycle operating costs and mainte- 
nance 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 2-4-2008 as an emergency; operative 2-4-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1 751 . General County Requirements. 

(a) Pursuant to California Government Code Sections 15820.901 and 
15820.91 1 , 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. 



Page 4039 



Register 2008, No. 29; 7-18-2008 



§1752 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(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 oc- 
cupancy 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, 
15820.91 1 and 15820.915, Government Code. 

History 

1. New section filed 2-4-2008 as an emergency; operative 2^1—2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3. a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code s^ection 5058.3. a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



§ 1752. Ground Lease. 

(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 Goveminent Code Sec- 
tion 15820.906(b)(1) and the Board has determined the site is adequate 
for purposes of financing in accordance with Government Code Section 
15820.901(a). These certifications will be based upon thorough research 
of both recorded and unrecorded interests in the property. 

(b) The ground lease must be adequate to support lease-revenue fi- 
nancing 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 de- 
scription 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 abate- 
ment periods due to abatement events. 

(h) The ground lease shall not be terminated as long as the lease-reve- 
nue 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 ter- 
minate and title to the local jail facility will vest in county. 

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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1 753. Right of Entry for Construction. 

(a) A right of entry for construction between CDCR and the participat- 
ing 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 local jail facihty as part of the right of entry 
for construction. 



NOTE: Authority cited: Secfions 15820.906 and 15820.916, Government Code; 
and Secfion 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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§1754. Facility Sublease. 

(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 local jail facility. 

(b) The facility sublease is subject to and subordinate to the facility 
lease. 

(c) The facility sublease shall include the following requirements: 

(1) The county shall not abandon the local jail facility. 

(2) The county is obligated to maintain (both ordinary and extraordi- 
nary) the local jail facility during the term of the facility sublease (includ- 
ing the costs of ordinary wear and tear) and arrange for the payment of 
all utilities and applicable taxes or assessments. The county must annual- 
ly submit to Board and CDCR proof of its approved budget detailing the 
allocation of funds to maintain and operate the local jail facility. 

(3) Subject to the availability of the local jail facility for occupancy, 
CDCR continues to pay rent under the facility lease. 

(4) The county may make additions, betterments or improvements to 
the local jail facility in a manner that will not result in abatement of rental. 

(5) CDCR will maintain the insurance policies required under the fa- 
cility lease. The county will maintain commercial general liability insur- 
ance 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 lo- 
cal jail facility. 

(7) The county agrees not to encumber the local jail facility or other- 
wise subordinate its interest in the local jail facility under the facility sub- 
lease. 

(8) The county agrees to annually provide the CDCR, Board and the 
State Treasurer information about private activity use within the local jail 
facility and agrees to cooperate and provide continuing disclosure in- 
formation per the Continuing Disclosure Agreement. 

(9) The county promises not use or permit the use of the local jail facil- 
ity in any manner which would cause the Board bonds to be "private ac- 
tivity 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 facil- 
ity sublease or any part thereof. 

(1 1) 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 local jail facihty. 

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 

L New section filed 2^-2008 as an emergency; operative 2-4-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



Page 40.40 



Register 2008, No. 29; 7-18-2008 



Title 15 



Board of Corrections 



§1768 



Article 4. Administration of the Proceeds of 

the State Bond Funds and Project 

Monitoring 

§ 1 756. Disbursement of the Proceeds from the 
Lease-Revenue Bond Funds. 

(a) No state moneys shall be encumbered in contracts let by a partici- 
pating county until construction document plans and specifications have 
been approved by the Authority pursuant to Section 1 749 and subsequent 
construction bids have been received. 

(b) Upon approval of the participating county's proposal by the Au- 
thority 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 re- 
quest, 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 pro- 
cessed 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 com- 
plied 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 Au- 
thority shall withhold that amount as security, to be released to the partic- 
ipating county upon compliance with all of the terms in the project deliv- 
ery 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 ap- 
propriate officials. 

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 emergen- 
cy; 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 emer- 
gency; 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. 

§ 1757. Pooled Money Investment Board. 

(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 car- 
rying out projects authorized to be financed by lease-revenue bonds, 
notes, or other indebtedness. 

(b) After a project has been approved by the Board, CDCR and the Au- 
thority, and upon a participating county's receipt of responsive construc- 
tion 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: 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 Com- 



pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transinitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§1760. Accounting. 

(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 accor- 
dance with generally accepted accounting principles and practices. Sup- 
porting records must be maintained by the participating county in suffi- 
cient detail to demonstrate that the state bond funds were used for the 
purpose for which the award was made and in accordance with the provi- 
sions of state contracting. 

Note: Authority cited: Secdons 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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operafion of law on the following day. 

§1766. Monitoring of Process. 

(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 reg- 
ulations and the law. 

(b) The Board shall have administrative oversight of the project. 
Note: Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Secfion 6030, Penal Code. Reference: Sections 15820.901, 15820.906, 
15820.911 and 15820.916, Government Code. 

History 

1. New secdon 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 Com- 
pliance must be transmitted to OAL by 7-14-2008 or emergency language will 
be repealed by operadon of law on the following day. 

2. New secdon refiled 7-14-2008 as an emergency; operadve 7-14-2008 (Regi.s- 
ter2008. No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§1767. Completion of Project. 

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 specifica- 
tions approved by the Board and the Authority. If a participating county 
is not proceeding with the construction schedule as agreed to in the agree- 
ment, the Authority has the discretion to give written notice of failure to 
comply with terms of the agreement and may terminate the agreement. 
NOTE: Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Secdon 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 Com- 
pliance must be transmitted to OAL by 7-14-2008 or emergency language will 
be repealed by operadon of law on the following day. 

2. New secdon refiled 7-14-2008 as an emergency; operadve 7-14-2008 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code secdon 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operadon of law on the Following day. 

§1768. Project Modifications. 

(a) Project modifications proposed after the project delivery and 
construction agreement is signed require a written amendment and ap- 
proval of the Board and the Authority if the modifications: 

(1) Substantially alter the design or scope of the project; 



Page 40.41 



Register 2008, No. 29; 7- 18-2008 



§1770 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(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 constaiction agree- 
ment or any action of staff with respect to project changes, including ap- 
proval 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: Sections 15820.906 and 13820.916, 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^-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§1770. Audits. 

(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 accoundng records of the proj- 
ect at any fime. The Board and Authority may disallow claims for the pro- 
ceeds 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 com- 
pliance with the terms and conditions of the bond contract. 

(b) Any improper expenditure of the proceeds of lease-revenue bonds 
disclosed in such audits will be recovered by the state through withhold- 
ing future payments 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 2^1-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance 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; operafive 7-14-2008 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1772. Unused Proceeds of Lease-Revenue Bonds. 

(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 in- 
appropriately or erroneously spent, including those resulting from non- 
compliance as well as overpayments resulting from county plan modifi- 
cations 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 partici- 
pating county pursuant to the approved proposal and/or construction plan 
shall be redistributed to other counties and used for other eligible proj- 
ects. 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: 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 Com- 
pliance 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 (Regis- 
ter 2008. No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 



Article 5. Appeal Procedures 

§1776. Purpose. 

The appeal hearing procedures are intended to provide a review con- 
cerning the proposal evaluation and rating process. A county may appeal 
on the basis of alleged funding criteria misapplication, capricious en- 
forcement of regulations, or substantial differences of opinion as may oc- 
cur concerning the proper application of regulations or procedures re- 
garding the proposal evaluation and rating 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 emergen- 
cy; operative 2^-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 emer- 
gency; 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. 

§1778. Definitions. 

For the purposes of this article, the following definitions shall apply: 

"Appeal hearing" means an administrative procedure providing an ap- 
pellant 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 ap- 
peal 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 hear- 
ing. 

"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 Author- 
ity. 

"Hearing panel" means a panel comprised of three members of the Au- 
thority, 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: 

(i) Be employed by. or be residents of, the county submitting the ap- 
peal 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 Di- 
rector of the Authority, which contains the formal decision of the Execu- 
tive Director and the reason for that decision. 

"Proposed decision" means a written recommendation from the hear- 
ing panel/hearing officer to the Authority, containing a summary of facts 
and a recommended decision on the appeal. 



Page 40.42 



Register 2008, No. 29; 7-18-2008 



Title 15 



Board of Corrections 



§1792 



"Request for appeal hearing" means a clear written expression of dis- 
satisfaction about a procedure or action taken and a request for a hearing 
on the matter, and filed with the Executive Director of the Authority. 

Non:.- Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, 
Govcmment Code. 

History 

1. New section filed 2-4-2008 as an emergency; operative 2^-2008 (Register 
2008, No. 6). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a CeHificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1788. Request for Corrections Standards Authority 
Appeal Hearing. 

(a) If a participating county is dissatisfied with an action of the Author- 
ity'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 ap- 
peal 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 Com- 
phance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1790. Corrections Standards Authority's Hearing 
Procedures. 

(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 (2 1 ) days after the filing of the request for 
hearing with the Authority, unless delayed for good cause. The Authority 
shall mail or deliver to the appellant or authorized representative a writ- 
ten 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 parlies 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 re- 
quest for appeal hearing, except in those cases where the appellant with- 



draws 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 pan- 
el and, under such circumstances, the hearing panel shall consider the 
written information submitted by the appellant and other relevant in- 
formation as may be deemed appropriate. 

(e) The hearing is not formal in nature. Pertinent and relevant informa- 
tion, whether written or oral, will be accepted. Hearings will be tape re- 
corded. 

(0 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 sub- 
mit a proposed decision in writing to the Authority at its next regular pub- 
lic meeting. 

NOTE: Authority cited: Sections 15820.906 and 15820.916, Government Code; 
and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, 
Govemment Code. 

Hlstory 

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 Com- 
pliance 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 secUon refiled 7-14-2008 as an emergency; operative 7-14-2008 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 10-14-2008 or emergency language 
will be repealed by operation of law on the following day. 

§ 1792. Corrections Standards Authority's Decision. 

(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 alter- 
nate decision is rendered by the Authority or notice of new hearing or- 
dered, 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 dale 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, Govemment Code; 
and Section 6030, Penal Code. Reference: Sections 15820.906 and 15820.916, 
Govemment 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 Com- 
pliance 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 (Regis- 
ter 2008, No. 29). Pursuant to Penal Code section 5058.3, a Certificate of Com- 
pliance must be transmitted to OAL by 1(^14-2008 or emergency language 
will be repealed by operation of law on the following day. 



* >!: * 



Page 40.43 



Register 2008, No. 29; 7-18-2008 



^B^ 



Barclays Official 

California 

Code of 
Regulations 



Title 15. Crime Prevention and Corrections 

Division 2. Board of Prison Terms 



Vol. 20 



XMOIVISOIM 

— ^ 

WEST 



Barclays Official California Code of Regulations 

425 Market Street • Fourth Floor • San Francisco, CA 94105 
800-888-3600 



Title 15 



Board of Prison Terms 



Table of Contents 



Division 2. Board of Prison Terms 



Table of Contents 



Page 



Page 



Chapter 1 . General 41 

Article 1 . Rules of Construction and 

Definitions 41 

§ 2000. Rules of Construction and 

Definitions. 

Article 2. Personnel 44 

§ 2005. Conflict of Interest Code. 

Article 3. Policy Making Procedures 44 

§ 201 5. Board Meetings. 

§ 2016. Adoption of Policy and Procedures: 

The Board Rules. 
§ 2017. Administrative Directive. 

Article 4. Public Participation 45 

§ 2025. Regulations. 

§ 2026. Summary of the Administrative 

Procedure Act. 
§ 2027. Public Participation in Rulemaking. 

§ 2028. Public Comment in Individual 

Cases. 
§ 2029. Victims, Next of Kin, and 

Immediate Family Members at 

Hearings. 
§ 2029. 1 . Visitors and Observers at Hearings. 

§ 2030. Prosecutor Participation. 

§ 2031. Media Representatives at Hearings. 

§ 2032. Television and Radio Coverage of 

Parole Hearings. 

Article 5. Individual Case Decisions 47 

§ 2040. Lifer Decisions, Public Threat. 

§ 2041. Review of Proposed Decisions. 

§ 2042. Review Criteria. 

§ 2043. Final Date of Decisions. 

§ 2044. En Banc Referral. 

Article 6. Appeals 49 

§ 2050. General. 

§2051. Grounds. 

§ 2052. Filing an Appeal. 

§ 2053. Department Appeals Coordinator 

§ 2054. Board Appeals Unit. 

§ 2055. Attorney Determination Appeals. 

§ 2056. Expedited Appeals. 

§ 2057. Disabled Persons. 

Article 7. Multijurisdiction 

Regulations 50 

§ 207 1 . Application of BPT Rules to 

Multijurisdiction Prisoners and 

Parolees. 
§ 2072. Determination of Multijurisdiction 

Status. 
§ 2073. Grievances for Multijurisdiction 

Prisoners and Parolees: General. 
§ 2074. Grievance Coordinator. 

§ 2075. Time Limits on Appeal: Refiling. 

Article 8. Information Practices Act 51 

§ 2080. General. 

§ 208 1 . Collection of Information. 

§ 2082. O.I.R Notice. 

§ 2083. Maintenance of Information. 



§ 2084. 


Access to Records. 




§ 2086. 


Amendment of Records. 




§ 2087. 


Disclosure of Information. 




§ 2088. 


Accounting for Disclosures. 




ipter 2. 


Term Decisions 


. . . 53 


Article 1. 


Sentence Review 


. . . 53 


§2100. 


General. 




§2101. 


Information Considered. 




§ 2102. 


Scheduling Disparate Sentence 
Review. 




§ 2103. 


Preliminary Screening. 




§ 2104. 


Initial Review. 




§ 2105. 


Final Review and 
Recommendations. 




§ 2106. 


Criteria for Review. 




§2107. 


Notice. 




Article 2. 


Board Review of Department 
Denial of Good Time Credit 


... 54 


§ 2120. 


General. 




§2121. 


Board Review. 




§ 2122. 


Review of Request. 




§2123. 


Hearing Ordered. 




Article 3. 


Retroactive Sentencing 
Procedures 


. . . . 54 


§ 2145. 


General. 




§ 2146. 


Method. 




§ 2147. 


Categories. 




§2148. 


Single Crime. 




§ 2149. 


Two or More Crimes, All 





§2150. 



§2151. 



§2152. 



Concurrent. 

Two or More Crimes, Consecutive 

Sentences for Crimes Not 

Committed in Prison. 

Two or More Crimes, Consecutive 

Sentences for Crimes Committed in 

Prison or While Subject to 

Reimprisonment for Escape. 

Combinations of Concurrent and 

Consecutive Crimes. 



§2153. 


Enhancements. 


§ 2154. 


Enhancements for Prior Prison 




Terms. 


§ 2155. 


Persona] Use of a Deadly or 




Dangerous Weapon. 


§ 2156. 


Armed with a Firearm. 


§2157. 


Use of a Firearm. 


§2158. 


Great Bodily Injury. 


§2159. 


Limitations on Enhancements. 


§ 2160. 


Special Problems. 


§2161. 


Record the Results. 


§2161.1. 


Change in Legal Status. 


§ 2162. 


First Serious Offender Screening. 


§ 2163. 


Second Serious Offender Screening. 


§ 2164. 


Board Review of Serious Offenders. 


§2165. 


Serious Offender Hearings. 


§2166. 


Offense Chart. 


§2167. 


Enhancement Chart. 


Article 4. 


Multijurisdiction 




Regulations 


§ 2180. 


CRB Review of Department Denial 




of Good Time Credit. 



55 



Page 



(7 25 :(HIKl 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Page 



Page 



§2181. 



Retroactive Sentencing of 
Multijurisdiction Prisoners. 



Article 5. 


Mentally Disordered Sex 




Offender Term Fixing 


§2185. 


General. 


§2186. 


Method. 


§2187. 


Single Crime. 


§2188. 


Multiple Crimes. 


§2189. 


Enhancements. 


§2190. 


Enhancements for Prior Prison 




Terms. 


§2191. 


Personal Use of a Deadly or 




Dangerous Weapon. 


§2192. 


Armed with a Firearm. 


§2193. 


Use of a Firearm. 


§2194. 


Great Bodily Injui^. 


§2195. 


Limitations on Enhancements. 


§2196. 


Special Problems. 


§2197. 


Record the Results. 


§2198. 


Offense Chart. 


§2199. 


Enhancement Chart. 



55 



Chapter 3. 



Parole Release 56 



§ 2275. 




Implementation of Penal Code 
Section 3000.1. 


Article 5. 


Parole Consideration 




Criteria and Guidelines for 




Life 


Prisoners 59 


§ 2280. 




General. 


§2281. 




Deterinination of Suitability. 


§ 2282. 




Base Term. 


§ 2283. 




Circumstances in Aggravation of the 
Base Term. 


§ 2284. 




Circumstances in Mitigation of the 
Base Term. 


§ 2285. 




Additional Term for the Use of a 
Firearm. 


§ 2286. 




Additional Terms for Other 
Offenses. 


§ 2287. 




Cucumstances in Aggravation of the 
Additional Term for Other Crimes. 


§ 2288. 




Circumstances in Mitigation of the 
Additional Term for Other Crimes. 


§ 2289. 




Fixing a Parole Date: Computation. 


§ 2290. 




Postconviction Credit. 


§2291. 




New Crimes. 


§ 2292. 




Retroactivity. 



Article 1. 


General 


. . 5 


§ 2230. 


General. 




Article 2. 


Information Considered 


. . 5 


§ 2232. 


General. 




§ 2233. 


Documents Considered. 




§ 2234. 


Testimony. 




§ 2235. 


Confidential Information. 




§ 2236. 


Prisoner's Version. 




§ 2237. 


Resolving Factual Disputes. 




§ 2238. 


Insufficient Information. 




§ 2239. 


Battered Woman Syndrome. 




Article 3. 


Prisoner Rights 


56. 


§ 2245. 


General. 




§ 2246. 


Notice. 




§ 2247. 


Disclosure. 




§ 2249. 


Prisoner Presentation of 
Documents. 




§ 2250. 


Impartial Hearing Panel. 




§2251. 


Assistance. 




§2251.5. 


Americans with Disabilities Act. 




§2251.6. 


Filing a Grievance. 




§2251.7. 


Processing a Grievance. 




§ 2252. 


Department Representative. 




§ 2253. 


Postponements, Continuances, and 
Stipulations of Unsuitability. 




§ 2254. 


Record of Hearing. 




§ 2255. 


Written Statement of Decision. 




§ 2256. 


Attorney. 




Article 4. 


Parole Consideration 





Procedures for Life 
Prisoners and Nonlife 1168 

Prisoners 56.3 

§ 2265. General. 

§ 2266. Information Considered. 

§ 2267. Recommendation Hearing. 

§ 2268. Initial Parole Hearing. 

§ 2269. Progress Hearing. 

§2269.1. Documentation Hearings. 

§ 2270. Subsequent Parole Hearing. 

§ 2271 . Parole Consideration for Nonlife 

1168 Prisoners. 
§ 2272. Hearings for Prisoners with New 

Criminal or Disciplinary Charges 
Pending. 
§ 2273. Hearings for Prisoners with Changes 

in Legal Status. 
§ 2274. Adult Authority Parole Dates. 



Article 6. Parole Consideration 

Procedures for ISL 

Prisoners 64 

§ 2300. General. 

§ 2301. Information Considered. 

§ 2302. Panel Composition. 

§ 2303. Prisoner Rights. 

§ 2304. Initial Parole Hearing. 

§ 2305. Progress Hearing. 

§ 2306. Subsequent Parole Hearing. 

§ 2307. Hearing for Prisoners with New 

Criminal or Disciplinary Charges 

Pending. 
§ 2308. Hearings for Prisoners with Changes 

in Legal Status. 
§ 2309. Hearings for Prisoners with 

Confirmed 1170.2 Release Dates. 
§ 231 0. Hearings for Prisoners Serving ISL 

and DSL Terms. 

Article 7. Parole Consideration 

Criteria and Guidelines for 

ISL Prisoners 65 

§2315. General. 

§2316. Unsuitability Criteria. 

§ 2317. Fixing a Parole Date: Criteria. 

§ 231 8. Fixing a Parole Date: Procedure. 

§ 2319. Definitions. 

§ 2320. Base Period of Confinement. 

§ 2321. Adjustment: General. 

§ 2322. Adjustments for Preconviction 

Factors. 
§ 2323. Adjustments for Commitment 

Factors. 
§ 2324. Adjustments for Postconviction 

Factors. 
§ 2325. Weapons. 

§ 2326. Criminal Charges Not Resulting in a 

Prison Sentence. 
§ 2327. Fixing a Parole Date: Computation. 

§ 2328. New Commitments. 

§ 2329. Suggested Base Ranges. 

Article 8. Preprison Credit 71 

§ 2340. General. 

§ 2341. Types of Preprison Credit. 

§ 2342. Application of Preprison Custody 

Credit to ISL, Nonlife 1168 and Life 

Prisoner Parole Dates. 



Page ii 



(7-25-2008) 



Title 15 



Board of Prison Terms 



Table of Contents 



Page 



§ 2343. 
§ 2344. 

§ 2345. 



Article 1 1 , 



§ 2400. 
§2401. 
§ 2402. 
§ 2403. 
§ 2404. 

§ 2405. 

§ 2406. 

§ 2407. 
§ 2408. 

§ 2409. 

§ 2410. 
§2411. 



Article 12. 



§2420 
§2421 
§2422 
§2423 
§ 2424 

§ 2425. 



Application of Preprison Credit to 
ISL Sentence. 

Application of Preprison Credit to 
DSL Release Date Calculated Under 
Penal Code Section 1170.2. 
Excess Credit. 



Article 9. 


Release 72 


§ 2355. 


General. 


§ 2356. 


Notification of Notice and 




Conditions of Parole. 


§ 2357. 


Release to Holds of Other 




Jurisdictions. 


§ 2358. 


Release Upon Approved Parole Plan 




(RUAPP). 


§ 2359. 


Parole Date Advancement. 


Article 10. 


Multijurisdiction 




Regulations 72 


§ 2365. 


Hearing Rights: General. 


§ 2366. 


Multijurisdiction Prisoners Located 




in California: Rights. 


§ 2367. 


Multijurisdiction Prisoners Located 




Outside California: Rights. 


§ 2368. 


Prehearing Procedures. 


§ 2369. 


Documentation Hearing. 


§ 2370. 


Initial Parole Hearing: Prisoner 




Rights. 


§2371. 


Progress Hearing: Prisoner Rights. 


§ 2372. 


Subsequent Parole Hearing: Prisoner 




Riehts. 


§ 2373. 


Nonlife 1168 and ISL Prisoners: 




Parole Consideration Hearing 




Rights. 



Page 

§ 2426. Adjustment for Weapons, Great 

Loss, Great Bodily Injury and Prior 

Prison Terms. 
§ 2427. Adjustments for Other Offenses. 

§ 2428. Circumstances in Aggravation and 

Mitigation of the Adjustment for 

Other Crimes. 
§ 2429. Postconviction Credit. 

§ 2429. 1 . Fixing a Parole Date. 

Article 13. Parole Consideration 

Criteria and Guidelines for 

Sex Offenders Sentenced to 

Life Terms Under Penal Code 

Section 667.51 81 



§ 2430. 


Scope of Article. 


§2431. 


General. 


§ 2432. 


Determination of Suitability. 


§ 2433. 


Base Term. 


§ 2434. 


Circumstances in Aggravation of the 




Base Term. 


§ 2435. 


Circumstances in Mitigation of the 




Base Term. 


§ 2436. 


Adjustment for Weapons, Great 




Loss, Great Bodily Injury and Prior 




Prison Terms. 


§ 2437. 


Adjustments for Other Offenses. 


§ 2438. 


Circumstances in Aggravation and 




Mitigation of the Adjustment for 




Other Crimes. 


§ 2439. 


Postconviction Credit. 


§ 2439.1. 


Fixing a Parole Date. 



Parole Consideration 

Criteria and Guidelines for 

Murders Committed on or 

After November 8, 1978, and 

Specified Attempted 

Murders 74 

Scope of Article. 

General. 

Determination of Suitabihty. 

Base Term. 

Circumstances in Aggravation of the 

Base Term. 

Circumstances in Mitigation of the 

Base Term. 

Adjustment for Weapons, Great 

Loss and Prior Prison Terms. 

Adjustments for Other Offenses. 

Circumstances in Aggravation of the 

Adjustment for Other Crimes. 

Circumstances in Mitigation of the 

Adjustment for Other Crimes. 

Postconviction Credit. 

Fixing a Parole Date. 

Parole Consideration 

Criteria and Guidelines for 

Habitual Offenders 

Sentenced to Life Terms 

Under Penal Code Section 

667.7 78 

Scope of Article. 

General. 

Determination of Suitability. 

Base Term. 

Circumstances in Aggravation of the 

Base Term. 

Circumstances in Mitigation of Base 

Term. 



Chapter 4. 



Postponement or Rescission of 
Release 



Article 1. 

§ 2450. 
§2451. 

§ 2452. 
§ 2453. 
§ 2454. 

Article 2. 

§ 2465. 
§ 2466. 
§ 2467. 
§ 2468. 

§ 2469. 
§ 2470. 
§2471. 
§ 2472. 



Initiating Proceedings 

General. 

Reportable Information. 
Procedure for Reporting. 
Pre-Rescission Hearings. 
Scheduling Rescission Hearings. 



83 
83 



Article 3. 



§ 2479. 
§ 2480. 
§2481. 
§ 2482. 
§ 2483. 

§ 2484. 

§ 2485. 



Hearing Procedures 

Prisoner Rights. 

Pre-Hearing Procedures. 

Hearing Procedures. 

Procedures After Dismissal or Not 

Guilty. 

Procedures After Postponement. 

Procedures After Rescission. 

Appeals. 

Pre- 1948 Credits. 

Multi-Jurisdiction 

Regulations 

General. 

Pre-Rescission Hearing Procedures. 

Rescission Hearing Procedures. 

Prisoner Rights. 

Postponement Review Hearing 

(Section 2469). 

Postponement Review Hearing: 

Prisoner's Rights. 

Rescission Rehearing: Prisoner 

Rights. 



84 



85 



apter 5. 


Parole Supervision 


Article 1. 


Length and Conditions of 




Parole 


§ 2510. 


General. 


§2511. 


Notice of Parole. 


§2512. 


General Conditions of Parole. 


§2513. 


Special Conditions of Parole. 



86 



86 



Page iii 



Table of Contents 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Page 



Page 



§2513.1. 


Special Conditions of Parole for Sex 




Offenders Undergoing Chemical 




Treatment. 


§2513.2. 


Hearings for Sex Offenders 




Undergoing Chemical Treatment. 


§2514. 


Waiver of Parole. 


§2515. 


Length of Parole. 


Article 2. 


Reconsideration of Length 




and Conditions of Parole .... 


§ 2525. 


General. 


§ 2526. 


Procedure. 


§ 2528. 


Right of Appeal. 


Article 3. 


Discharge 


§ 2535, 


Discharge Review. 


§ 2536. 


Early Discharge. 


§2536.1. 


Review of Parole Discharge 




Recommendation After 1 80 Days of 




Parole Supervision. 


§ 2537. 


Statutory Discharge. 


Article 4. 


Multijurisdictional 




Regulations 


§ 2545. 


Conditions of Parole. 


§ 2546. 


Reconsideration of Length and 




Conditions of Parole. 


§ 2547. 


Fihng the Request for 




Reconsideration. 


§ 2548. 


Submitting the Request. 


§ 2549. 


Right to Appeal. 



89 



89 



90 



Article 5. 



§ 2570. 
§2571. 

§ 2572. 
§ 2573. 

§ 2574. 
§ 2575. 



§ 2576. 
§ 2577. 
§ 2578. 
§ 2579. 
§ 2580. 



Mentally Disordered Offender 

Certification and Hearing 

Procedures 91 

Terminology. 

Criteria for Certification as Mentally 

Disordered Offender. 

Certification. 

Board of Prison Terms' Review of 

Certifications. 

Notification to Prisoner/Parolee. 

Prisoner's Options Following 

Notification of Special Condition of 

Parole. 

Certification Hearing. 

Mental Health Treatment Program. 

Placement Hearings. 

Parole Violations. 

Discharge Review and Annual 

Review Hearings. 



Chapter 6. 



Parole Revocation 



Article L 

§ 2600. 
§2600.1. 



§2601. 



§ 2602. 
§ 2603. 
§ 2604. 
§ 2605. 
§ 2606. 



Article 2. 



§2615. 
§2616. 
§2616.1. 



§2617. 
§2618. 



Parole Hold Policy 

General. 

Sexually Violent Predator 

Screening, Holds, and Board 

Determinations. 

Criteria for Placement of a Parole 

Hold. 

Factors Considered. 

Review of a Parole Hold. 

Reasons for Parole Hold. 

Transfer to Prison. 

Length of Parole Hold. 

Parole Violations and 

Reports 

General. 

Reportable Information. 

Reportable Information for Sex 

Offenders Undergoing Chemical 

Treatment. 

Investigation. 

Parole Violation Report. 



93 
93 



94 



§2619. 

§ 2620. 

Article 3. 

§ 2635. 
§2635.1. 
§ 2636. 
§ 2637. 
§ 2638. 
§ 2639. 
§ 2640. 
§2641. 
§ 2642. 
§ 2643. 
§ 2644. 
§ 2645. 
§ 2646. 
§2646.1. 

§ 2647. 
§2647.1. 

§ 2648. 
§ 2649. 

Article 4. 

§ 2665. 
§ 2666. 
§ 2667. 
§ 2668. 

Article 5. 

§ 2675. 
§ 2676. 
§ 2677. 
§ 2678. 
§ 2679. 
§ 2680. 
§2681. 
§ 2682. 

Article 6. 

§ 2690. 
§2691. 
§ 2692. 
§ 2693. 
§ 2694. 
§ 2695. 
§ 2696. 
§ 2697. 
§ 2698. 
§ 2699. 
§ 2700. 
§2701. 

Article 7. 

§2710. 
§2711. 
§2712. 

§2713. 
§ 2714. 

Article 8. 



§ 2730. 
§2731. 
§ 2732. 

§ 2733. 



Article 9. 



Supplemental Parole Violation 

Reports. 

Recommendations. 

Revocation Procedures 96 

General. 

Revocation Period. 

P&CSD Review. 

Central Office Calendar. 

P&CSD Hearing Coordinator. 

Central Office Hearing Coordinator. 

Time Limits. 

Waiver of Hearing. 

Prehearing Procedures. 

Parolee Rights. 

Prere vocation Proceedings. 

Hearing Procedures: Revocation. 

Disposition. 

Violations and Length of 

Confinement. 

Time in Custody. 

Time in Custody Psychiatric 

Treatment. 

Posthearing Procedures. 

Revoked Parolees with New 

Commitments. 

Evidence 103 

General. 

Documentary Evidence. 
Physical Evidence. 
Witnesses. 

Subpoenas 104 

General. 

Request for Subpoena. 

Criteria for Issuance. 

Service. 

Witness Obligation to Comply. 

Quashing. 

Decision. 

Appeals. 

Attorney Determinations 105 

General. 

Request for an Attorney. 

Basic Test. 

Presumption of Need. 

Ability to Speak for Self 

Preliminary and Final Hearings. 

Information Considered. 

Decision. 

Indigent Prisoner or Parolee. 

Attorney Selection. 

Hearing Panel Designation. 

Appeals. 

Warrants of Arrest 106 

General. 

Warrants Based on Board Action. 

Warrants Based on Individual 

Member Action. 

Recall of Warrant. 

State and National Warrant 

Systems. 



§ 2740. 
§ 2741. 



Multijurisdiction 

Regulations 106.1 

Application of Article. 

Absconders from California. 

Multijurisdiction Parolees Who 

Abscond. 

Multijurisdictional Parolees: 

Revocation. 

Parole Revocation Extension 
Procedures 106.2 

Parole Revocation Maximum Term. 

Release to Parole. 



Page iv 



(7-25-2008) 



Title 15 



Board of Prison Terms 



Table of Contents 



§ 2742. 

Article 10. 

§ 2743. 
§ 2744. 



Chapter 7. 
Article 1 . 

Article 2. 



Page 

Parole Violation Extension 
Procedures. 

Worktime Credits 106.4 

Worktime Credits. 
Non-Eligibility for Worktime 
Credits. 

Executive Clemency 106.4 

Certificate of 

Rehabilitation 106.4 

Traditional Pardon 

Procedures 106.4 



Page 

§2815. General. 

§ 2816. Application Direct to Governor. 

§ 2817. Board Refen'al to Governor. 

§ 2817.1. Board Hearing. Clemency. 

§2818. Board Recommendation. 

§ 2819. Governor's Action. 

Article 3. Battered Woman Syndrome; 

Commutation or Court 

Referral i()6..5 

§ 2830. Recommendation to Governor or 

Other Action. 

Chapter 10. Foreign Prisoner Transfer 106..^ 

§ 2870. Foreien Prisoner Transfer. 



Page V 



Title 15 



Board of Prison Terms 



§ 2000 



Division 2. Board of Prison Terms 



Article 1 



Chapter 1 . General 

Rules of Construction and 
Definitions 



§ 2000. Rules of Construction and Definitions. 

(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 re- 
lated 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, includ- 
ing inmates, residents, parolees, and dischargees, regardless of that per- 
son 's present status. 

(4) "Regulation" means rule or regulation. 

(5) "Shall" is mandatory, "should" is advisory, and "may" is permis- 
sive. 

(6) The past, present, or future tense includes the others. 

(7) The mascuHne 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 direc- 
tory, 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 di- 
vision 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 1 1 70 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 1 1 70 for a crime committed on or after July 1 , 1 977. For the pur- 
pose of these rules, once an ISL prisoner has received a retroactively cal- 
culated 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 possi- 
bility of parole. The parole date is determined by the board. Life sen- 
tences 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 1 87) committed on or 
after November 8, 1978. 

(C) Kidnapping for extortion or ransom, with bodily harm to the victim 
(before September 22. 1 95 1 ) 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 sen- 
tence 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 pre- 
vention 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 sub- 
stance provisions where the person has served two separate prior prison 
terms upon conviction of any of the specified provisions (Penal Code sec- 
tion 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 responsi- 
ble for setting parole dates, establishing parole length and conditions, 
discharging sentences for certain prisoners and parolees; granting, re- 
scinding, suspending, postponing, or revoking paroles; conducting dis- 
parate sentence reviews; advising on clemency matters; and handling 
miscellaneous other statutory duties. Persons under the board's jurisdic- 
tion are all adult felons committed by superior courts to the Director of 
Corrections under Penal Code sections 1 168 and 1 170 and all adult fel- 
ons sentenced under the Indeterminate Sentence Law. 

(II) Briggs Initiafive: Proposition 7. November 7, 1978 general elec- 
tion, 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 liai- 
son with the board. Such designation shall be made by the Director of 
Corrections after consultation with the board. 

( 1 3) California Agency Parolee. A felon released from confinement in 
a California prison to supervision in a California community who subse- 
quently 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 CoiTections to the custody ol any 
agency of the State of California or any subdivision thereof. 

(15) California Concurrent Parolee. A prisoner on parole from a Cali- 
fornia sentence and a sentence of another jurisdiction who is being super- 
vised in a California community pursuant to the Uniform Act for Out-of- 
State Parole Supervision (Penal Code sections 1 1 175-1 1 179). 

(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 contain- 
ing records regarding each person committed to its jurisdiction. This file 



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Title 15 



is maintained by the institution or parole region to w hich the person is as- 
signed. 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 chair- 
man. 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 desig- 
nated by the Governor pursuant to Penal Code section 5075. 

(23) Commissioner. An official of the board appointed by the Gover- 
nor 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 sen- 
tence 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 1 1 175-1 1 179). 

(26) Concurrent Prisoner. A California prisoner, also under sentence 
of another state, who is concurrently serving both sentences in a penal in- 
stitution of the other state. 

(27) Conditions of Parole. The specific conditions under which a pris- 
oner 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 Sec- 
tion 669, effective January 1 . 1979, a life term may be imposed consecu- 
tive to a determinate term. 

(30) Cooperative Parolee. A felon released from confinement in a Cal- 
ifornia prison to supervision in a state other than California pursuant to 
the Uniform Act for Out-of-State Parole Supervision (Penal Code sec- 
tions 11175-11179). 

(31) Coordinator Staff. Department (institution and P&CSD) and 
board staff who coordinate parole postponement, rescission, and revoca- 
tion 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 cu- 
mulative 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 pur- 
suant to Penal Code Section 5076. 1 . 

(37) DSL. Uniform Determinate Sentencing Act of 1976. Stats. 1976. 
Chapter 1 139 as amended by Stats. 1977, Chapter 165. This refers to sec- 
tions 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 Depart- 
ment of Corrections appointed by the Governor. See Penal Code sections 
5050 and 5051. 

(40) Dispositional Witness. A dispositional witness is one whose ex- 
pected testimony provides information regarding the overall adjustment 



of the prisoner or parolee or other factors to be considered when render- 
ing 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 respon- 
sible for application of specific procedures pertaining to the parole revo- 
cation hearing process; the primary liaison between the P&CSD and the 
board in matters and procedures pertaining to the parole revocation hear- 
ing process. 

(43) Effective Discharge Date. The effective discharge date is the lat- 
est 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 per- 
ceived, reported on, or investigated an event material to the proceeding. 
An event material to a proceeding is an act or omission allegedly com- 
mitted 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 comple- 
tion of the United States' sentence. 

(47) Federal Contract Prisoner. A California prisoner who is confined 
in a federal institution pursuant to Penal Code section 29 1 1 . 

(48) Field File. A working file maintained by a parole unit office con- 
taining information about a parolee and his current parole. 

(49) Full Board. The commissioners performing the function of meet- 
ing en banc in either public or executive session. At least five commis- 
sioners 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 deci- 
sion made. 

(5 1 ) 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 disposidonal quesdons. 

(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 in- 
stitution of another state pursuant to the Interstate Corrections Compact 
(See Penal Code section 1 1 189). 

(56) Incarcerating Jurisdiction. The jurisdiction where a WICC, ICC, 
Federal contract. Federal concurrent or concurrent prisoner is incarcer- 
ated. 

(57) Insfitution Hearing Coordinator. A department employee as- 
signed to coordinate the rescission process within that institution. 

(58) Interstate Unit. The section of the P & CSD which coordinates the 
supervision of California cooperafive parolees and the return of paro- 
lees-at-large from asylum states. The Division of the Department of 
Corrections which has responsibility for federal contract, federal concur- 
rent, WICC, ICC and consecutive prisoners and multijurisdiction parol- 
ees incarcerated in the prison of another jurisdiction. 

(59) ISL. Indeterminate Sentence Law. This refers to secfions of the 
Penal Code and other Codes as they were operative prior to July 1 , 1 977. 

(60) ISL Release Date. The date on which an ISL prisoner may be re- 
leased from confinement pursuant to the ISL. The release may be a re- 
lease to parole or a release to discharge. 



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(61) Located in California. A multijurisdiction prisoner is located in 
Calilbrnia if he is a federal contract, federal consecutive or federal con- 
current 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 lo- 
cated outside California if he is a federal compact, federal consecutive or 
federal concurrent prisoner incarcerated in a federal correctional institu- 
tion located outside California; a concurrent prisoner; a consecutive pris- 
oner; 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 sub- 
tracting 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 non- 
life 1 1 68 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 eariiest date on 
which an ISL or life prisoner may legally be released on parole. If a pris- 
oner 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 pris- 
oner 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 concur- 
rent, 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 3 1 50 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 De- 
partment 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 su- 
pervision in the community. 

(78) Parole Consideration Hearing. Any hearing at which a prisoner's 
parole suitability is considered including an initial parole hearing, subse- 
quent hearing, and rehearing. 

(79) Parole Hold. See Hold. 

(80) Parole Violation. Conduct by a parolee which violates the condi- 
tions 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 pa- 
rolee returned to prison with a new court commitment is not a parole vio- 
lator 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 pa- 
rolees. 

(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 ordi- 
nary 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 1 1 105. 

(87) RC. Reception center: an institution designated by the director as 
a center for the reception of prisoners newly committed to the Depart- 
ment 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. 

(9 1 ) Relevant Evidence. Evidence which tends to prove or dispro\e 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 revo- 
cation or revocation extension charges are pending. 

(94) Sending State. The state where a concurrent parolee was impris- 
oned. 

(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 pa- 
role 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 docu- 
mentary 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 sub- 
tracting preprison credit from the period of confinement under the DSL 
and adding this period of time to reception date. In computing the unad- 
justed 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. 

( 1 02) 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 1 1 190.) 

(103) Work-Time-Credit: A reduction of the time served for perform- 
ance in work, training or education programs. 

NOTE: Authority cited: Sections 3041, 30.'i2 and 5076.2, Penal Code. Rercrence: 
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), Militar>' and Veterans Code; and Initiative, Proposition 7, No- 
vember 7, 1978, General Klection. 



Page 43 



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§2005 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



History 

1. Repealer of Division 2 (Seetions 2()()()-2725) and new Division 2 (Seetions 
2000-2819) filed 7-5-77 as an emergency: effective upon filing (Register 77, 
No. 28). For hi.story 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 aslo 7-5-77 filing filed 10-28-77 (Redster 77, No. 
44). 

4. Amendment filed 2-17-78; effective thirtieth day thereafter (Register 78, No. 
7). 

5. Amendment of subsection (b) filed 6-1 1-79; effective thirtieth day thereafter 
(Regi.ster79, No. 24). 

6. Hditorial conection (Register 79, No. 38). 

7. Amendment of subsection (b) filed 10-25-79: effective thirtieth day thereafter 
(Register79. No. 43). 

8. Amendment filed 12-28-79 as procedural and organizational; designated effec- 
five 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). 

1 1 . Amendment of subsection (b) filed 3-7-84; effective thirtieth day thereafter 
(Register 84, No. 10). 

12. Amendment of subsection (b) filed 1 1-1 3-85; effective thirtieth day thereafter 
(Register85, No. 46). 

13. Amendment of subsection (b) filed 3-1 1-87; 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 2-1 8-90 (Register 90, 
No. 5). 

16. New subsection (b)(33) and subsection renumberina filed 9-23-96; operative 
1 0-23-96 (Register 96, No. 39). 

17. New subsection (b)(8), subsection renumbering, and amendment of NOTH 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 emer- 
gency 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-l(V-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 1 1343.4 (Register 2003, No. 4). 

20. Amendment of subsection (b)(22), new subsection (b)(49) and amendment of 
NOTK filed 10-14-2003; operative 1 1-13-2003 (Register 2003, No. 42). 

21. Amendment of subsecfions (b)(l)-(2) and new subsections (b)(3)(N)-(0) 
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)(l)-(2) and new subsections (b)(3)(N)-(0) re- 
filed 9-13-2004 as an emergency; operative 9-13-2004 (Register 2004, No. 
38). A Certificate of Compliance must be transmitted to OAL by 1-1 1-2005 or 
emergency language will be repealed by operation of law on the following day. 

23. Amendment of subsecfions (b)(l)-(2) and new subsecfions (b)(3)(N)-(0) re- 
filed 1-6-2005 as an emergency; operafive 1-1 1-2005 (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 
5-1 1-2005 and filed 6-22-2005 (Register 2005, No. 25). 



Article 2. Personnel 

§ 2005. Conflict of Interest Code. 

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 (.secfion 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 con'ection of History NoTi-. 1 in addition to printing of Appendix which 
was filed on 3-27-86 but inadvertently omitted during the publication of Regis- 
ter 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; operafive 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 
1 1343.8. Approved by Fair Political Pracfices Commission 1 1-9-92. 

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 Polifical Practices Commission 12-18-2003 (Register 2004, No. 10). 

9. Repealer of section and appendix filed 7-12-2006; operafive 8-1 1-2006. Ap- 
proved by Fair Political Pracfices Commission 5-24-2006 (Register 2006, Nc. 
28). 



Article 3. Policy Making Procedures 

§2015. Board Meetings. 

NOTE: Authority cited: Section 5076.2, Penal Code, Reference: Section 5076.1, 
Penal Code. 

History 

1. Amendment of section fitle 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 
1 1349.7(j) (Register 82, No. 52). 

§ 2016. Adoption of Policy and Procedures: The Board 
Rules. 

Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.2, 
Penal Code. 



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Title 15 



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§2029 



History 

1 . Amendment filed 1 2-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2017. Administrative Directive. 

(a) General. An Administrative Directive is a communication from the 
chairman concerning any information the chairman feels should be dis- 
seminated. 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 distribu- 
tion of forms. 

(c) Emergency Rules. The Administrative Directive may be used to 
implement emergency rules which are adopted under the emergency pro- 
visions of the Administrative Procedure Act. 

History 
1 . Repealer of subsection (b)(3) filed 12-22-82 by OAL pursuant to Government 
Code Section 1 1349.7(j) (Register 82, No. 52). 



Article 4. Public Participation 

§ 2025. Regulations. 

(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 Administra- 
tive Procedure Act and shall maintain and publish a compendium of regu- 
lations. 

(b) Individual Cases. Public comment in individual cases shall be con- 
sidered 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 1 1-13-85; effective thirtieth day thereafter 
(Register 85, No. 46). 

§ 2026. Summary of the Administrative Procedure Act. 

NOTK: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.2, 
Penal Code and Sections 1 1420-11427, Government Code. 

History 

1. Amendment of subsection (b) filed 6-1 1-79; 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 
1 1349.70) (Register 82, No. 52). 

§ 2027. Public Participation in Rulemaking. 

(a) Informal Petition. Any interested person may inquire or make sug- 
gestions concerning the regulations by writing to the executive officer of 
the board. 

(b) Formal Petition. Any interested person may petition the board re- 
questing 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 pedtion in writing, stating the rea- 
sons, or schedule the matter for pubhc hearing. 

(c) Court Review. Any interested person may bring an action for de- 
claratory relief pursuant to the provisions of the Code of Civil Procedure. 



§ 2028. Public Comment in Individual Cases. 

(a) General. Any person may submit information concerning any pris- 
oner 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 inforination which 
was not available to the hearing panel or comments on a proposed deci- 
sion. 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 attor- 
ney. The comments shall be incorporated into the hearing record and con- 
sidered before the decision is effective. If information submitted may 
substantially affect the decision, it shall be submitted to the board rev iew 
committee for disposition in accordance with section 2041. 

NOTH: 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 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 
24). 

2. Amendment of subsection (a) filed 3-1 1-87; effective thirtieth day thereafter 
(Register 87, No. 11). 

3. Amendment of subsection (b) filed 1-19-90; operative 2-18-90 (ReL'ister 90, 
No. 5). 

4. Editorial correcdon of printing error in sub.scction (b) (Register 91, No. 29). 

§ 2029. Victims, Next of Kin, and Immediate Family 
Members at Hearings. 

(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 notificadon of any parole consideration hearing, to re- 
view 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. Tlie Board shall nodfy each such person who has in- 
formed 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 im- 
mediate family members shall be entitled to nofificadon 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 no- 
tice 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 notifica- 
don and to appear under this secdon in the order specified in subsection 
(b). 

Up to two persons of the categories in descending order are entitled to 
nodce and to appear. More than two persons may appear with the prior 
approval of a panel member, the chairman, or the executive officer. 

(d) Representadon by Counsel. The vicdm, 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 mak- 
ing a statement or addressing the panel. 

(e) Support Persons. Vicdms, next of kin. or immediate family mem- 
bers 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 dme he or she informs the board of his 
or her intendon 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 min- 



Page 45 



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§ 2029.1 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



utes in length, to the Classification and Parole Representative of the ap- 
propriate 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. J 
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: Sec- 
tions 3043, 3043.1, 3043.2, 3043.3, 3043.5, 5075 and 5076.1, Penal Code; and 
Section 11 120, 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 tech- 
nical reasons (Register 78, No. 41). 

2. Amendment filed 1 1-13-85; 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 NoTi-; and new subsections 
(b)-(fj filed 4-24-92; operative 5-25-92 (Register 92, No. 19). 

§ 2029.1 . Visitors and Observers at Hearings. 

Visitors and observers may attend individual case hearings if prior per- 
mission has been obtained from any cominissioner. deputy commission- 
er, 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 pan- 
el'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: Secdons 3052 and 5076.2, Penal Code. Reference: Sec- 
tions 3043, 3043.1, 3043.2, 3043.3, 3043.5, 5075 and 5076.1, Penal Code; and 
Section 1 1 120, 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. 

(a) Hearings in Which Prosecutors May Participate. 

(1) General. Except as otherwise provided in this secdon, the Chair- 
man 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 com- 
mitted 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 hear- 
ing 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 prose- 
cutor wishes to participate in the hearing he shall, at least two weeks be- 
fore the hearing, notify the institution hearing coordinator that a repre- 
sentative 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 informa- 
tion 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 tho 
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 offi- 
cer shall ensure throughout the hearing that unnecessary, irrelevant or cu- 
mulative 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 dis- 
position. In making comments, supporting documentation in the file 
should be cited. The prosecutor may be permitted to ask clarifying ques- 
tions of the hearing panel, but may not render legal advice. 

NOTE: Authority cited: Sections 3041 and 3052, Penal Code. Reference: Sections 
11 70.2 and 3041.7, Penal Code. 

History 

1 . New section filed 7-21-78 as an emergency; effective upon filing (Reeister 78, 
No. 29). 

2. Certificate of Compliance filed 10-27-78 (Register 78, No. 43). 

3. Amendment of subsection (a)(3) filed 6-1 1-79; effective thirtieth day thereafter 
(Register 79, No. 24). 

4. Amendment of subsections (c) and (d)(1) filed 1-19-90; operative 2-18-90 
(Register90, No. 5). 

§ 2031 . Media Representatives at Hearings. 

Representatives of newspapers and wire services may attend life pa- 
role 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. Re- 
quests 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 offi- 
cer shall submit to the Capital Correspondents Association of Sacramen- 
to (Association) the names of the representatives wishing to attend. The 
Association shall consider the need for national, statewide and local cov- 
erage 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 recommenda- 
tions 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 lo- 
cal representation. 

The executive officer shall notify the designated media representa- 
tives 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 representadve 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: Sec- 
tions 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). 



Page 46 



Register 2003, No. 42; 10-17-2003 



Title 15 



Board of Prison Terms 



§2040 



4. Kditorial coiTection 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. 1 1 ). 



§ 2032. Television and Radio Coverage of Parole Hearings. 

(a) General. Representatives of television and radio stations may at- 
tend individual case hearings. 

(h) 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' insti- 
tutions and local county jails shall be governed by the rules of the Direc- 
tor of Corrections or the local county sheriff notwithstanding any provi- 
sions 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 ear- 
lier 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 prison- 
er 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 tele- 
vision 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 pool- 
ing arrangement. If space limitations prevent the presence of both televi- 
sion 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 cov- 
erage of a parole hearing the execufive 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 Representa- 
tives. 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 ab- 
sence of a pooling agreement or in the event of unresolved disputes relat- 
ing to pooling agreements, the execufive 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 Person- 
nel. 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 partici- 
pants 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 net- 
work shall assume an assigned, fixed posifion in the hearing room and 
shall act in a manner so as not to call attenfion to his activifies. 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 secu- 
rity of an instituUon, obstruct the hearing process, pose a ri.sk to the per- 
sonal 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 be- 
tween 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 porfion of the hearing which is 
deemed confidential pursuant to California Code of Regulations, Title 
15, Sections 2087 (d)(1) and 3321(a). 

(7) Objecfions 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) Objecfions to television or radio coverage of a hearing by a prison- 
er 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 determinafion 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 1 1 126 and 1 1342.2, 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. 

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, PenaJ 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 (Reeister 78. No. 
7). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(,i) (Register 82, No. 52). 



Page 47 



Register 2008, No. 32; 8-8-2[K)8 



§2041 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



3. New section filed 3-1 1-87; elTective thirtieth day thereafter (Register 87, No. 
11). 

§ 2041. Review of Proposed Decisions. 

(a) General. Board decision.s, except decisions made at documentation 
hearings and decisions which do not require a hearing, are proposed deci- 
sions 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 de- 
cision 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 re- 
view unit disapproves the decision and orders a new hearing, the parolee 
shall be notified and, if necessary, the parole agent shall place a hold fol- 
lowing 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 ex- 
cept as otherwise provided in this section. 

(d) Review of Decisions from Mentally Disordered Offender Hear- 
ings. Proposed decisions made at Mentally Disordered Offender Certifi- 
cation, 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 commis- 
sioner or a designee. Within 20 days of the hearing, the chief deputy com- 
missioner 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 spe- 
cified 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 im- 
mediately. Decisions subject to this subdivision shall be given an effec- 
tive 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 immediate- 
ly 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 commis- 
sioner may: (i) affirm the proposed decision, (ii) order a new hearing, or 
(iii) modify the decision without a new hearing. No decision shall be mo- 
dified without a new hearing if the modification would be adverse to the 
prisoner's interests. If the chief deputy commissioner disapproves the de- 
cision and orders a new hearing, the prisoner shall be notified and, if nec- 
essary, the parole agent shall place a hold following the criteria specified 
in§§ 2600-2602. If thechief 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. Deci- 
sions 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. Pro- 
posed decisions made at ISL Parole Consideration and Rescission Hear- 
ings 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 af- 
forded 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 Hearitigs (Penal Code § 1 170.2(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 hear- 
ing or (iii) modify the proposed decision without a new hearing. No deci- 
sion 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. De- 
cisions 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 pa- 
role 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 1 10 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 hear- 
ing. 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 re- 
ceived 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 in- 
formation. 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 commis- 
sioners 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 ac- 
cept the modification suggested by the reviewing authority. In cases 
where the prisoner or parolee was represented by an attorney at the hear- 
ing, 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 1 days from the date of the hearing. 

(/) 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. 



Page 48 



Register 2008, No. 32; 8-8-2008 



Title 15 



Board of Prison Terms 



§2051 



• 



History 

1. New subsection (b) and relettering of subsections (b)-!!") 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 (Reg- 
ister 78. No. 41). 

2. Amendment of subsection (e) filed 9-21-78 as an emergency; designated effec- 
tive 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 (0 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 filins of 10-17-78 (Register 79, 
No. 9). 

6. Amendment of subsection (g) and new subsection (h) filed 6-1 1-79; 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 thereaf- 
ter (Register 80. No. 6). 

9. Amendment filed 1-20-88; operative 2-19-88 (Register 88, No. 5). 

10. Amendment of sub.sections (c), (d)(2) and NoTi; filed 12-20-93; operative 
1-19-94 (Register 93, No. 52). 

11. Amendment of section and Noth filed 10-14-2003; operative 11-13-2003 
(Register2003, 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 trans- 
mitted to OAL by 8-30-2004 or emergency language will be repealed by opera- 
tion 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 trans- 
mitted to OAL by 12-28-2004 or emergency language will be repealed by op- 
eration 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 NOTi; filed 8-4-2008; operative 9-3-2008 
(Register2008, No. 32). 

§ 2042. Review Criteria. 

The puipose of the decision review process is to assure complete, ac- 
curate, 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 de- 
cision and any information received as provided in § 2028. 
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tions 1 170.2 and 3041, Penal Code. 

History 

1 . Amendment filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 
24). 

2. Amendment of first paragraph and Noth filed 9-23-96; operative 10-2.3-96 
(Register 96, No. 39). 

3. Amendment of .section and Noth filed 10-14-2003; operative 11-13-2003 
(Register2003, No. 42). 

§ 2043. Final Date of Decisions. 

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 1 20 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. 

NOTH: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tions 3041 and 3042, Penal Code. 

History 

1 . Amendment filed 1 2-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. Amendment filed 2-8-80; effective thirtieth day thereafter (Register 80, No. 6). 

3. Amendment filed 1 1-13-85; 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 NoTi-; filed 10-14-2003; operative 
1 1-1.3-2003 (Register 2003, No. 42). 

§ 2044. En Banc Referral. 

(a) The full board shall review within a inaxiinum 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 dale of receipt of a request for review by the Governor under the pro- 
visions 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 re- 
quired to grant parole. If a inajority 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 tlie case subject to § 2041. 

NOTE; Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tions 3041 and 3041.1, Penal Code. 

History 

1 . Amendment filed 1 0-2,5-79; effective thirtieth dav thereafter ( Register 79. .No. 
43). 

2. Amendment filed .3-1 1-87; effective thirtieth day thereafter (Regi.ster 87. .\o. 
H). 

3. Amendment filed 2-4-91; operative .3-6-91 (Register 91. No. 11). 

4. Amendment filed 10-14-2003; operative 1 1-1.3-2003 (Register 2003, No. 42). 



Article 6. Appeals 



§ 2050. General. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re MuszalskL 
52 Cal.App.3d 500 (1975); and Section 5076.1, Penal Code. 

History 

1. Amendment filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 
4). 

2. Repealer of Article 6 (Sections 2050-2057) and new Article 6 (Sections 
2050-2056) filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 
24). For prior history, see Register 78, No. 7. 

3. Amendment filed 5-1-80; effective thirtieth day thereafter (Register 80, No. 
18). 

4. Amendment filed 1-20-88; operative 2-19-88 (Register 88. No. 5). 

5. Repealer filed 4-L5-2004 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. 

6. 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. 

7. Repealer refiled 1 2-27-2004 as an emergency; operative 1 2-27-2004 (Regis- 
ter 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. 

8. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 
4-26-2005 and filed 6-8-2005 (Register 2005, No. 23). 

§2051. Grounds. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Miis:alski 
(1975) 52 Cal.App.3d 500; and Section 5076.1, Penal Code. 

History 

1 . Amendment of subsection (d) filed 12-28-79 as procedural and organizational; 
designated effecdve 1-1-80 (Register 79, No. 52). 

2. Repealer of subsection (e) filed 3-7-84; effective thirtieth day thereafter ( Regis- 
ter 84, No. 10). 

3. Amendment of subsection (c) and amendment of Note filed 10-27-2003; op- 
erative 11-26-2003 (Register 2003. No. 44). 

4. Repealer filed 4-15-2004 as an emergency; operalive 3-1-2004 iHcgisicr 
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 lau on the 
following day. 



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§2052 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



5. Repealer refiled X~30-2()04 as an emergency; operative 8-30-2004 (Register 
2004, No. 36). A Ceilificate of Compliance must be transmitted to OAL by 
1 2-28-2004 or emergency language will be repealed by operation of law on the 
following day. 

6. Repealer refiled 1 2-27-2004 as an emergency; operative 12-27-2004 (Regis- 
ter 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 6-8-2003 (Register 2005, No. 23). 

§ 2052. Filing an Appeal. 

NOTI-;: Authority cited: Section 5076.2, Penal Code. Reference: //; re Miiszulski 
(1975) 52 Cal.App.3d 500; and Section 5076.1. Penal Code. 

History 

1. Amendment of section and NoTi-: filed 10-27-2003; operative 11-26-2003 
(Register2003, No. 44). 

2. 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. 

3. 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. 

4. Repealer refiled 12-27-2004 as an emergency; operative 12-27-2004 (Regis- 
ter 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). 

§ 2053. Department Appeals Coordinator. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Muszahki, 
52Cal.App.3d500(1975). 

History 

1 . Amendment filed 1 2-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2054. Board Appeals Unit. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.1, 
Penal Code; and In re Muzalski (1975) 52 Cal.App.3d 500. 

History 

1 . Amendment filed 1 2-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. Repealer of subsections (a) and (c) and relettering of subsection (b) to subsection 
(a) filed 12-22-82 by OAL pursuant to Government Code Section I1349.7(j) 
(Register82, No. 52). 

3. Repealer of subsection (a)(4) filed 1 1-13-85; effective thirtieth day thereafter 
(Register 85, No. 46). 

4. Amendment of section and Note filed 10-27-2003; operative 11-26-2003 
(Register 2003, No. 44). 

5. 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. 

6. 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 
1 2-28-2004 or emergency language will be repealed by operation of law on the 
following day. 

7. Repealer refiled 12-27-2004 as an emergency; operative 12-27-2004 (Regis- 
ter 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. 

8. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 
4-26-2005 and filed 6-8-2005 (Register 2005, No. 23). 

§ 2055. Attorney Determination Appeals. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Muzalski, 52 
Cal.App.3d 500 (1975). 

History 

1 . Amendment filed 12-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. 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. 

3. 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 
1 2-28-2004 or emergency language will be repealed by operation of law on the 
following day. 



4. Repealer refiled 12-27-2004 as an emergency; operative 12-27-2004 (Regis- 
ter 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). 

§ 2056. Expedited Appeals. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Miiszalski, 
52Cal. App.3d500(1975). 

History 

1 . Amendment filed 1 2-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

2. 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. 

3. 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. 

4. Repealer refiled 12-27-2004 as an emergency; operative 12-27-2004 (Regis- 
ter 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). 

§ 2057. Disabled Persons. 

NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Penn- 
sylvania Department of Corrections v. Yeskey (1998) 118 S.Ct. 1952. 

History 

1. New section filed 12-21-98; operative 1-20-99 (Register 98. No. 52). 

2. Renumbering of section 2057 to section 2251 .5 filed 4-15-2004 as an emergen- 
cy; 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 re- 
pealed by operation of law on the following day. 

3. Renumbering of section 2057 to section 2251 .5 refiled 8-30-2004 as an emer- 
gency; operadve 8-30-2004 (Register 2004, No. 36). A Certificate of Com- 
pliance must be transmitted to OAL by 12-28-2004 or emergency language 
will be repealed by operation of law on the following day. 



Article 7. Multijurisdiction Regulations 

§ 2071. Application of BPT Rules to Multijurisdiction 
Prisoners and Parolees. 

All BPT rules shall apply to all multijurisdiction prisoners and parol- 
ees unless modified by specific multijurisdiction mles. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Muszalski. 
52Cal. App. 3d500(1975). 

History 

1 . Amendment of section title filed 10-27-77 as an emergency; effective upon fil- 
ing. Certificate of Compliance included (Register 77, No. 44). 

2. Amendment filed 1 1-13-85; effective thirtieth day thereafter (Register 85, No, 
46). 

§ 2072. Determination of Multijurisdiction Status. 

(a) General. For the purpose of determining whether the multijurisdic- 
tion 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 



• 



Page 50 



Register 2008, No. 32; 8-8-2008 



Title 15 



Board of Prison Terms 



§2081 



multijurisdiction status terminates subsequent to any board action or to 
the assertion of any right. 

NOTi;: Authority cited: Section 5076.2. Penal Code. Reference: Sections 1 1 1 89(0 
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 NoTi- tiled 
4-1.V2004 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 emer- 
gency language will be repealed by operation of law on the following day. 

.3. Repealer of .sub.section (b)(2)(C). subsection reletterine and new N(rn-. 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 1 2-28-2004 or emer- 
gency language will be repealed by operation of law on the following day. 

4. Repealer of subsection (b)(2)(C). subsection reletterine and new NoTh 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. 

Any multijurisdiction prisoner or multijurisdiction parolee who is dis- 
satisfied with a decision by the Board regarding accommodation for a 
disability as defined in 42 U.S.C. section 1 2 1 02 may grieve that decision 
in accordance with the process required by the Armstrong v. Schwarze- 
negger Revised Permanent Injunction. The prisoner or parolee may re- 
quest 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. 

NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Armstrong v. 
Schwarzenegger (2002), USDC-ND (No. C-094-2307-CW); Title 11. Ameri- 
cans with Disabilities Act of 1 990 (ADA), 104 Stat. 328, 42 U.S.C. sections 12101, 
et .seq. 

History 

1 . Amendment of section title filed 1 0-27-77 as an emergency; effective upon fil- 
ing. Certificate of Compliance included (Register 77, No. 44). 

2. Amendment filed 12-28-79 as procedural and organizational; designated effec- 
tive 1-1-80 (Register 79, No. 52). 

3. Amendment filed 1 1-13-85; effective thirtieth day thereafter (Register 85, No. 
46). 

4. Amendment of section heading, section and Noth filed 4-15-2004 as an emer- 
gency; operative 5-1-2004 (Register 2004. No. 16). A Certificate of Com- 
pliance 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 Noth 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 lan- 
guage will be repealed by operation of law on the following day. 

6. Amendment of section heading, section and Noth 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). 

§ 2074. Grievance Coordinator. 

(a) Multijurisdiction Prisoner. The grievance coordinator for multiju- 
risdiction prisoners shall be: 

( 1 ) Federal compact, federal concurrent, federal consecutive prison- 
ers; concurrent, consecutive, WICC, and ICC prisoners: A Classification 
Staff Representative of the Interstate Unit. 

(2) ()ut-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 coordina- 
tor 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 coor- 
dinator 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 pa- 
rolee's supervision region. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170(f), 
1 170.2. 3041, 3060. 1 1 189(0 and 1 1 190(0. Penal Code;/l/7«i7ro/?^ v. Schwar- 
zenegger (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. ct 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 (Rceistcr 82. No. 
33). 

3. Amendment filed 1 1-1 3-85; effective thirtieth day thereafter ( Register 85. No. 
46). 

4. Amendment of section heading. secUon and Noth filed 4 15-2004 as an emer- 
gency; operative 5-1-2004 (Register 2004. No. 16). A Certificate of Com- 
pliance must be transmitted to OAL by 8-30 2004 or emergency language w ill 
be repealed by operation of law on the following day. 

5. Amendment of section heading, section and Non-. 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 lan- 
guage will be repealed by operation of law on the following day. 

6. Amendment of section heading, section and Noti. refiled 12-27 2004 as an 
emergency; operative 12-27-2004 (Register 2004, No. 53). A Certificate of 
Comphance 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. 

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 

§ 2080. General. 

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 
1 1349.7(j) (Register 82, No. 52). 

§ 2081 . Collection of Information. 

(a) Sources. When collecting information from persons other than the 
subject of the information the board shall record the name, title, and ad- 
dress 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 infor- 
mation; 

(6) The principal uses of the information; 

(7) Any known or possible interagency or intergovernmental trans- 
fers; 

(8) The person's right to review personal information. 



Page 51 



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§2082 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



NOTi;: Aulhorily 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 subsec- 
tions (a) and (b) filed 12-22-82 by OAL pursuant to Government Code Secfion 
1 1. •^49.70) (Register 82, No. 52). 



§ 2082. O.I.P. Notice. 

(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 main- 
tained 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 dis- 
closed. 

(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. 

NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
1798-1798.76, Civil Code. 

§ 2083. Maintenance of Information. 

(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 informa- 
tion the supervisor knows or has reason to beUeve is inaccurate or un- 
timely. 

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. 
NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
1798-1798.76, Civil Code. 

§ 2084. Access to Records. 

(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 ex- 
ecutive 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 informa- 
tion concerning that person by submitting a request for review. The re- 
quest shall be submitted in writing to the executive officer who shall ar- 
range 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 account- 
ing of disclosures of information in the file. 

If the person requesting review is a prisoner or parolee and the infor- 
mation 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 1 1-13-85; elfeclive thirtieth day thereafter 
(Register 85, No. 46). 

§ 2086. Amendment of Records. 

(a) General. This section shall not apply to contesting board hearing 
decisions or the record of board hearings. Decisions and records of hear- 
ings may only be contested as provided in Sections 2050-2056. This sec- 
tion shall not apply to contesting information originated or collected by 
agencies other than the board. 

(b) Initial Request for Amendment. The subject of information main- 
tained by the board may request an amendment of the information by sub- 
mitting a written and dated request for amendment to the executive offi- 
cer. The request for amendment shall include a statement of no more than 
two pages explaining which specific information is claimed to be erro- 
neous and what the correct information is. The executive officer shall re- 
view 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 ca.se upon request. 

(c) Chairman's Review. Within 30 days of the executive officer's re- 
fusal 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 re- 
ceipt 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 disagree- 
ment and the board's reasons for refusing to amend the record are in- 
cluded 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 state- 
ment and forward the original to be retained with the original informa- 
tion. 

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 effecfive 1-1-80 (Register 79, No. 52). 

§ 2087. Disclosure of Information. 

(a) General. Information about a person and contained in files main- 
tained 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 
considerafion 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 disclo- 
sure of the information, the identity of the person requesting and the rea- 
son 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 request- 
ing 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 informadon as follows: 
1 . Consent. 

a. To anyone if the subject of the information has given written volun- 
tary 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 verificafion 
that the person is the guardian or conservator; 



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Title 15 



Board of Prison Terms 



§ 2107 



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 col- 
lected. 

3. Public Agencies. 

a. To a person or state agency if the transfer is necessary for the trans- 
feree to perform its statutory or constitutional duties, the transfer is com- 
patible 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 informa- 
tion; 

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 disclo- 
sure, 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 expe- 
rience; 

(D) Impede an investigation or preclude the department or board from 
accomplishing its statutory purpose or function in criminal, civil or ad- 
ministrative 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 informafion may be disclosed as provided 
in subsection (c)(2). 

NoTH: 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 (e)(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. 

Each unit of the board shall maintain a record of disclosures of infor- 
mation to anyone other than the subject of the information or board or de- 



partment employees. The accounting shall identify the information dis- 
closed, 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 offi- 
cers while actively engaged in field duties do not require an accounting. 
NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
1798-1798.76. Civil Code. 

Chapter 2. Term Decisions 



Article 1. Sentence Review 

§2100. General. 

NOTli: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 1 7()(d). 
(f). Penal Code. 

Hlstory 

1. Repealer of Article 1 (Sections 2100-2107) and new Article 1 (Sections 
2100-2107) filed 8-17-78; effective thirtieth da\ thereafter. Filed in the week 
of Register 78, No. 33, this amendment is printed in Register 78. No. 4 1 tor lech- 
nical reasons (Register 78, No. 41 ). For prior history, see Register 77, No. 44. 

2. Amendment filed 10-25-79; effective thirtieth day thereafter ( Register 79. .No. 
43). 

3. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82. No. 52). 

§ 21 01 . Information Considered. 

NOTH; Authority cited: Section 5076.2, Penal Code. Reterence: Sections 11 7()i d) 
and 1170(f), Penal Code. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2102. Scheduling Disparate Sentence Review. 

NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 17()(d) 
and 1170(0, Penal Code. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82. No. 52). 

§2103. Preliminary Screening. 

NOTK; Authority cited: Section 5076.2. Penal Code. Reference: Sections 1 170(d) 
and 1170(0, Penal Code. 

History 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(i) (Register 82. No. 52). 

§2104. Initial Review. 

NOTE; Authority cited: Section 5076.2. Penal Code. Reference: Sections 1 170(d) 
and 1 170(0, Penal Code. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government code Section 
1 1349.7(j) (Register 82. No. 52). 

§ 2105. Final Review and Recommendations. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 21 06. Criteria for Review. 

Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 1 7()(d) 
and 1170(0, Penal Code. 

History 

1. Amendment of subsection (a) filed 6-1 1-79; effective thirtieth dav thereafter 
(Register 79, No. 24). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.70) (Register 82, No. 52). 

§2107. Notice. 

NOTE; Authority cited: Secfion 5076.2, Penal Code. Reference: Sections 1 1 7()(d) 
and 1170(0, Penal Code. 

History 

1 . Repealer filed 8-12-82; effective thirtieth day thereafter ( Register 82. No. 33 ). 



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Title 15 



Article 2. Board Review of Department 
Denial of Good Time Credit 



§2120. General. 

DSL prisoners and ISL prisoners who have DSL release dates retroac- 
tively calculated are entitled to credit for good behavior and participa- 
tion, and may earn work time credit. Good lime 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 ap- 
peal of that decision shall be handled through Department appeal proce- 
dures. 

Note; Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec- 
tions 2930-2932 and 5077, Penal Code. 

History 

1. Repealer of Article 2 (Sections 2120-2123) and new Article 2 (Sections 
2120-2121) filed 6-1 1-79; 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 (Reaister 84, No. 
10). 

4. Change without regulatory effect amending section and Noth filed 10-1-98 
pursuant to section 100, title 1 , California Code of Regulations (Register 98, No. 
40). 

§2121. Board Review. 

(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 De- 
partment's decision, or may order a hearing scheduled. 

(c) Hearing Ordered. 

( 1 ) Panel. This hearing is conducted by a panel of three deputy com- 
missioners. 

(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 Depart- 
ment's decision. 

NoTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tions 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 secUon 1 00, title 1 , California Code of Regulations (Register 98, No. 
40). 

§ 21 22. Review of Request. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
2930-2932 and 5077, Penal Code. 

History 
I . Repeater filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 38). 

§ 2123. Hearing Ordered. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
2930-2932 and 5077, Penal Code. 

History 
1 . Repealer filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 38). 



Article 3. Retroactive Sentencing 
Procedures 

§2145. General. 

History 

1. Repealer of Article 3 (Sections 2145-2167) and new Article 3 (Sections 
2145-2167) filed 10-27-77 as an emereency. Certificate of Compliance in- 
cluded (Register 77, No. 44). 

2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84. No. 10). 

§ 2146. IVIethod. 

History 

1. Repealer of .subsection (e) filed 12-22-82 by OAL pursuant to Government 
Code Section 1 1349.7(.i)"( Register 82. No. 52). 

2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§2147. Categories. 

History 

1. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§2148. Single Crime. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2149. Two or More Crimes, All Concurrent. 

History 
1. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 2150. Two or More Crimes, Consecutive Sentences for 
Crimes Not Committed in Prison. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1170.1 
and 1 170.2, Penal Code; People v. Hcin'ey, 25 Cal.3d 754 (1979). 

History 

1. Amendment of subsection (c) filed 12-31-79 as an emergency; effective upon 
filing (Register 79, No. 52). A Certificate of Compliance must be filed within 
120 days or emergency language will be repealed on 4-30-80. 

2. Certificate of CompUance transmitted to OAH 4-14-80 and filed 5-1-80 (Rea- 
ister80. No. 18). 

3. Repealer of subsections (a)-(d), and relettering of subsecfion (e) to subsection 
(a), filed- 12-22-82 by OAL pursuant to Government Code Section 1 1349.7(j) 
(Register 82, No. 52). 

4. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 21 51 . Two or More Crimes, Consecutive Sentences for 
Crimes Committed in Prison or While Subject 
to Reimprisonment for Escape. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 
11 70. 1 (b), 1 1 70.2, Penal Code. 

History 

1 . Repealer and new section filed 5-28-81 ; effective thirtieth day thereafter (Reg- 
ister 81, No. 22). 

2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 2152. Combinations of Concurrent and Consecutive 
Crimes. 

History 

1. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§2153. Enhancements. 

History 
1 . Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 2154. Enhancements for Prior Prison Terms. 

History 

1. Amendment of subsections (a) and (b)(2) filed 2-17-78; effective thirtieth day 
thereafter (Register 78, No. 7). 

2. Editorial correcfion (Register 79, No. 38). 

3. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2155. Personal Use of a Deadly or Dangerous Weapon. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 



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Title 15 



Board of Prison Terms 



§2188 



§2156. Armed with a Firearm. 

History 

1. Amendment of subsection (a) filed 2-17-78; effective thirtieth day thereafter 
(Rcgister78. No. 7). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82, No. 52). 

§ 21 57. Use of a Firearm. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code vSection 
1 1349.7CJ) (Register 82. No. 52). 

§ 21 58. Great Bodily Injury. 

History 
I. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2159. Limitations on Enhancements. 

History 

1. Editorial correction (Register 79, No. 38). 

2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 



§2160. Special Problems. 

NOTF: Authority cited: Section 5076.2, Penal Code. Reference: Section 1 170.2, s 2167 Enhancement Chart 
Penal Code. 



History 

1 . New subsection (g) filed 1-6-78 as an emergency; effective upon filing (Regis- 
ter 78, No. 1 ). 

2. Certificate of Compliance filed 2-10-78 (Register 78, No. 6). 

3. Amendment filed 2-17-78; effective thirtieth dav thereafter (Register 78, No. 
7). 

4. Amendment filed 7-2 1-78 as an emergency; effective upon filing (Recister 78, 
No. 29). 

5. Certificate of Compliance filed 10-27-78 (Register 78, No. 43). 6. Amendment 
filed 12-28-79 as procedural and oreanizational; designated effective 1 1 80 
(Register79. No. 52). 

7. Repealer of subsections (a), (b)( 1 ), (d). (e), (f) and (g), and relettering of sub.sec- 
tions (b), (c) and (h)-(k) to subsections (a)-(f) filed 1 2-22-82 bv OAL pursuant 
to Government Code Section 1 1349.7(_j) (Register 82, No. 52)' 

8. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§2166. Offense Chart. 

NOTI-;: Authority cited: Section 5076, Penal Code. Reference: Sections 447(a), 
448(a), 449(a), 450(a) (repealed eff. l-]-8()). 1 170.2, Penal Code. 

History 

1. Amendment filed 5-28-81; effective thirtieth day thereafter (Regi.ster 81. No. 
22). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 



History 

1. Amendment of subsection (a) and new sub.secdon (d) filed 2-17-78; effective 
thirtieth day thereafter (Register 78, No. 7). 

2. Amendment of subsection (d) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). 

3. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 21 61 . Record the Results. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82, No. 52). 



History 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82, No. 52). 



Article 4. Multijurisdiction Regulations 

§ 21 80. CRB Review of Department Denial of Good Time 
Credit. 

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. Repealer filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33). 



§ 21 61 .1 . Change in Legal Status. 

Penli cod?""*^ "^'''^' ^'''''"" ^^^^'~' ^''"''^ ^°'^'"" ^''^'"■^"''''- ^^'''''" ^ ^^"•-- § 21 81 . Retroactive Sentencing of Multijurisdiction 

History Prisoners. 



1. New section filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 

24). 

2. Repealer filed 3-7-84; effecdve thirtieth day thereafter (Register 84, No. 10). 
§ 2162. First Serious Offender Screening. 

Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2, 

Penal Code. 

History 

1. Amendment of subsection (b)(5) filed 8-17-78; effective thirtieth day thereaf- 
ter. Filed in the week of Register 78, No. 33, this amendment is printed in Regis- 
ter 78, No. 41 for technical reasons (Register 78, No. 41). 



History 

1 . Amendment filed 10-17-77 as an emergency; effective upon filing. Certificate 
of Compliance included (Register 77. No. 44). 

2. Repealer filed 1 1-1 3-85; effective thirtieth day thereafter (Register 85, No. 46). 



Article 5. Mentally Disordered Sex Offender 
Term Fixing 



§2185. General. 



TD 1 n A-2 1 OA cr .■ ,u-^- ,u A ,u f. /D * 01 M ,n. NoTH;Authoritycitedfor Article 5 (Sections 21 85-2199): Section 5076.2, Penal 
2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). ^ode. Reference: Section 6316.1, Welfare and Institutions Code. 



§ 2163. Second Serious Offender Screening. 

History 

1 . New subsection (c) filed 2-17-78; effective thirtieth day thereafter (Register 78, 
No. 7). 

2. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10). 

§ 21 64. Board Review of Serious Offenders. 

NOTK: Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2, 
Penal Code. 

History 
1. Amendment of .subsection (a) and new subsection (e) filed 2-17-78; effective 
thirtieth day thereafter (Register 78, No. 7). 



History 

1. New Article 5 (Sections 2185-2199) filed 4-^-78; effecdve thirtieth day there- 
after (Register 78, No. 14). 

2. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82, No. 52). 

§2186. Method. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.70) (Register 82, No. 52). 



History 



§2187. Single Crime. 

2. Amendment of subsection \h) filed 1 0-25-79; effective thirtieth day thereafter ^ • ,^,^P^f !f '/^If* ^ -~^}^^l ^l?^^ pursuant to Government Code Section 
(Register 79, No. 43). 11349.70) (Register 82, No. 52). 

3. Amendment of subsection (a) filed 5-28-81 ; effecdve thirtieth day thereafter § 21 88. Multiple Crimes. 

(Register 81, No. -2). nOTE: Authority cited: Section 5076.2, Penal Code. Reference: Secdons 1 170.1 

4. Repealer filed 12-22-82 by OAL pursuant to Government Code Secdon and 1 170.2, Penal Code, Secdon 6316.1, Welfare and Institutions Code and Po- 
1 1349.70) (Regi.ster 82, No. 52). 



§2165. Serious Offender Hearings. 

NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170.2, 
3041.5 and 5076.1, Penal Code. 



pie V. Han'ey, 25 Cal.3d 754 (1979). 

History 

1 . Amendment of subsection (c) filed 12-31-79 as an emergency; effective on fil- 
ing (Register 79, No. 52). A Certificate of Compliance must be filed within 1 20 
days or emergency language will be repealed on 4-30-80. 



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§2189 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



2. Certificate of Compliance transmitted to OAH 4-14-80 and filed 3-1-80 (Reg- 
ister 80, No. 18). 

3. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 



§2189. Enhancements. 

History 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2190. Enhancements for Prior Prison Terms. 

History 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52). 

§ 2191. Personal Use of a Deadly or Dangerous Weapon. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2192. Armed with a Firearm. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2193. Use of a Firearm. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Secfion 
1 1349.7(j) (Register 82, No. 52). 

§ 2194. Great Bodily Injury. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2195. Limitations on Enhancements. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52) 

§2196. Special Problems. 

NOTH: Authority cited: Section 5076.2. Penal Code. Reference: Sections 11 70.2 
and 5076.1. Penal Code. 

History 
1 . Repealer filed 1 1-13-85; effective thirtieth day thereafter (Register 85, No. 46). 

§ 21 97. Record the Results. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52). 

§2198. Offense Chart. 

NOTE: Authority cited: Section 5076, Penal Code. Reference: Sections 447(a), 
448(a), 449(a), 449(b), 450(a) (repealed eff 1-1-80), Penal Code; Section 6316, 
Welfare and Institutions Code. 

History 

1. Amendment filed 5-28-81; effective thirtieth day thereafter (Register 81, No. 
22). 

2. RepeaJcT filed i 2-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52). 

§ 2199. Enhancement Chart. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7CJ) (Register 82, No. 52). 



Chapter 3. Parole Release 



Article 1. General 

§ 2230. General. 

History 
1 . Repealer of Article 1 (Section 2230) filed 1 2-22-82 by OAL pursuant to Go\ • 
emment Code Section 1 1.349.7(j) (Register 82, No. 52). 



Article 2. Information Considered 

§ 2232. General. 

History 
1. Repealer filed 12-22-82 bv OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82. No. 52). 

§ 2233. Documents Considered. 

History 
1 . Repealer filed 1 2-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2234. Testimony. 

History 
1. Repealer filed 12-22-82 bv OAL pursuant to Government Code Section 
1 1349.7(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. 

§ 2236. Prisoner's Version. 

The facts of the crime shall be discussed with the prisoner to assist in 
determining the extent of personal culpability. The board shall not re- 
quire an admission of guilt to any crime for which the prisoner was com- 
mitted. A prisoner may refuse to discuss the facts of the crime in which 
instance a decision shall be made based on the other information avail- 
able and the refusal shall not be held against the prisoner. Written materi- 
al submitted by the prisoner under § 2249 relating to personal culpability 
shall be considered. 

§ 2237. Resolving Factual Disputes. 

History 
I. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 I349.7(,i) (Register 82, No. 52). 

§ 2238. Insufficient information. 

If, during the hearing, the hearing panel determines there is insuffi- 
cient 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 un- 
der the procedures in § 2247 at least 1 days before the rescheduled hear- 
ing. 

§ 2239. Battered Woman Syndrome. 

At parole consideration hearings, the Board panel shall consider any 
information or evidence of Battered Woman Syndrome (BWS), as de- 
fined in section 2000(b), where it appears the criminal behavior was the 
result of that victimization. The panel shall state, on the record, the in- 
formation which was considered pursuant to this section, and its effect, 



Page 56 



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Title 15 



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§ 2251.6 



if any, on the parole decision. Information regarding BWS may be used 
by the panel to mitigate culpability for the offense for purposes of suit- 
ability 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 re- 
fer the case for investigation. 

NOTI-; Authority cited: Sections 3041. 3052 and 5076.2(a). Penal Code. Refer- 
ence: Sections 304 1.480 1,5075.5 and 5076.1. Penal Code; and Section 1 107,Kvi- 
dence Code. 

History 

1. New section filed 3-16-2001 as an emergency; operative 3-16-2001 (Register 
2001, No. 1 1 ). 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 Coinpliance as to 3-16-2001 order transmitted to OAL 
7-16-2001 and filed 8-20-2001 (Register 2001, No. 34). 



Article 3. Prisoner Rights 

§ 2245. General. 

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 pris- 
oner may waive any of these rights, and any such waiver shall be docu- 
mented. Additional rights applicable only to specific hearings are cov- 
ered in the sections dealing with those hearings. 

§ 2246. Notice. 

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. Depart- 
ment staff shall provide notification of the hearing. 
NOTH: 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). 

§ 2247. Disclosure. 

A prisoner is entitled to review nonconfidential documents in the de- 
partment central file. A prisoner is responsible for complying with de- 
partment procedures for review of the documents and for making his re- 
quest sufficiently early to permit his review of the documents at least 10 
days before the week of the hearing. A prisoner shall have the opportuni- 
ty to enter a written response to any material in the file. 

A prisoner dissatisfied with the disclosure may appeal pursuant to de- 
partment 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 pres- 
ence. 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 writ- 
ten. They may cover any relevant matters such as mitigating circum- 
stances, 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 dis- 
qualify 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 de- 
cision. 

(b) Decision. The hearing panel shall make and document the decision 
on di.squalificafion if the is.sue 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. 

§2251. Assistance. 

A prisoner may receive reasonable assistance in preparing for the hear- 
ing. 

A prisoner who is unable to effecfively communicate with the hearing 
panel due to language difficuUies 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 as- 
sistance 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. 

(a) No qualified individual with a disability as defined in 42 United 
States Code (U.S.C.) section 1 2102 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 believ es that he or she has been denied 
reasonable accommodation by the board, may grieve that denial in accor- 
dance with the process required by theAmistrong v. Schwarzenegger Re- 
vised Permanent Injuncfion. 

NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Penn- 
svlvania Department of Corrections v. Yeskex (1998) 1 18 S.Ct. \95: Armstnmi^ 
V. Schwarzenegger (2002) USDC-ND (No. "C-94^2307-CW); Title II, Ameri- 
cans with Disabilities Act of 1 990 (ADA), 1 04 Stat. 328, 42 U.S.C. sections 1 2 1 1 , 
et seq. 

History 

1 . Renumbering of section 2057 to section 225 1 .5, including amendment of sec- 
tion 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 trans- 
mitted to OAL by 8-30-2004 or emergency language will be repealed by opera- 
tion of law on the following day. 

2. Renumbering of section 2057 to section 2251.5, including amendment of .sec- 
tion heading, section and Note, refiled 8-30-2004 as an emergencv; operative 
8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be trans- 
mitted to OAL by 12-28-2004 or emergency language will be repealed by op- 
eration of law on the following day. 

3. Renumbering of section 2057 to section 2251 .5. including amendment of sec- 
tion heading, section and Note, refiled 1 2-27-2004 as an emergencv; opcrativ e 
12-27-2004 (Register 2004, No. 53). A Certificate of Compliance must be 
transmiued to OAL by 4-26-2005 or emergency language will be repealed by 
operafion 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). 

§ 2251 .6. Filing a Grievance. 

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 is- 
sues only, must be clearly stated and all necessary documents and in- 
formation must be attached to the application. 

(4) All grounds must be included in the same grievance. 

(5) The decision desired must be stated. 



Page 56.1 



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§2251.7 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(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 1 1 inch paper. A BPT Form 1074 (Request for Reasonable Accom- 
modation — 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 attor- 
ney. 

NOTE: Authority cited: Section .S076.2, Penal Code. Reference: Annstroni> v. 
Schwarzeneiii>er (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. 

(a) Timeframes. The Board's Americans with Disabilities Act Com- 
pliance Unit shall ensure that a complete grievance meeting the require- 
ments of § 225 1 .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 pris- 
oner or parolee's due process or disability rights to access the parole pro- 
ceeding [as that term is defined in ihc Armstrong v. Davis Remedial Plan, 
January 4, 2002]. Reasons for this action shall be stated. Following anew 
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 accommoda- 
tion was harmless or the decision was reasonable under the circum- 
stances 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 parol- 
ee received written confirmation of the decision denying the accom- 
modation. 

(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. 

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. Postponements, Continuances, and Stipulations of 
Unsuitability. 

(a) General. The rights and interests of all persons properly appearing 
before a board hearing are best served when hearings are conducted as 
scheduled. Occasional circumstances may require the postponement or 
continuance of a scheduled hearing. It is the intention of the board to rec- 
ognize the need and desirability to occasionally continue or postpone a 
scheduled hearing and to avoid the inconvenience and cost which occurs 
when hearings are continued or postponed at or near the time at which 
they are scheduled. 

(b) Postponements. A prisoner may request a postponement for ary 
reason. Requests for postponements may be granted for good cause in- 
cluding, but not limited to, the prisoner having pending litigation, insuffi- 
cient time to prepare, or insufficient time to accumulate necessary docu- 
ments to present to the panel. Requests for postponements shall be in 
writing and shall state the reason for the request. 

( 1 ) A request for postponement should be made at the earliest possible 
date that the prisoner becomes aware of the circumstances leading to the 
request, but no later than 10 working days prior to the scheduled hearing. 
Such requests shall be considered by the department unless the board has 
notified the department of the board's need to consider the request. A re- 
quest timely made in conformance with the above schedule shall be pre- 
sumed to be valid unless good cause to the contrary is shown. The number 
and circumstances of any past postponements, continuances, or stipula- 
tions of unsuitability are relevant factors in considering whether to deny 
a request for postponement. Staff shall reschedule the postponed case at 
the eariiest date consistent with the request, the availability of the hearing 
panel, and the need to provide appropriate notice to affected parties. 

(2) A request submitted less than 10 working days prior to the sched- 
uled hearing shall be considered by the board. Such request shall be pre- 
sumed to be invalid unless the reasons given were not or reasonably could 
not have been known prior to 1 working days before the scheduled hear- 
ing. In order to avoid cost and inconvenience to properly appearing par- 
ties, the board may take the testimony of such parties at the time previous- 
ly scheduled. The prisoner making such an untimely request shall be 
deemed to have waived his or her right to be present at such statement, 
unless said prisoner requests and the board grants his or her request to be 
present. A postponed hearing shall be rescheduled at the convenience of 
the board, but at a time not to exceed two years unless the prisoner's last 
appearance before the board resulted in the resetting of a subsequent 
hearing of less than two years, in which case the hearing shall be resche- 
duled at a time no greater than that period. The prisoner and the board 
may agree to any other appropriate time periods. 

(c) Continuance of any hearing. A prisoner may request a continuance 
after the commencement of the hearing for good cause which was un- 
known, or reasonably could not have been known prior to the commence- 
ment of the hearing. 

( 1 ) In considering a request for a continuance, the board shall weigh 
the reasons for the request, the need for the continuance, any inconve- 
nience to the board, department, District Attorney's Office, victim or vic- 
tim's next of kin, and determine what will best serve the interests of jus- 
tice. If the board grants the request for continuance, it shall attempt to 
impanel the same members when the hearing is reconvened. However, 
in requesting a continuance, the prisoner shall be deemed to have stipu- 
lated that the board may. in its discretion, reconvene a new panel and 
commence a new hearing. 

(d) Stipulations of Unsuitability. A prisoner may stipulate to being un- 
suitable for parole at or before any hearing except the Initial Parole Hear- 
ing. An offer to stipulate to unsuitability at the Initial Parole Hearing shall 
be deemed a request for a postponement of that hearing. 

(1) Offers to stipulate to unsuitabihty shall be submitted in writing, 
shall state the reasons that support unsuitability and the suggested period 
until the next hearing. The prisoner shall sign the offer. Offers to stipulate 
to unsuitability shall be submitted to and decided by the board as early 
as possible. 



Page 56.2 



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Title 15 



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§2268 



(2) If an offer to stipule to unsuitability is submitted witliin 1 days of 
the time of hearing, reasonable efforts shall be made to determine if it 
should be accepted in sufficient time to vacate the scheduled hearing and 
notify affected parties. If the hearing cannot be vacated in sufficient time, 
the offer to stipulate to unsuitability shall be considered by the board at 
the time of hearing. The representative of the District Attorney's Office, 
and any victim or victim's next of kin present for the hearing shall be noti- 
fied of. and given an opportunity to comment on the offer to stipulate to 
unsuitability. 

NOTI-: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tions II 70.2 and 3041 .5, Penal Code. 

History 

1 . Renumbering of Section 2253 to Section 2254 filed 6-1 1-79; effective thirtieth 
day thereafter (Register 79, No. 24). 

2. Renumbering of Section 2254 to Section 2253 filed 1 2-28-79 as procedural and 
organizational; designated effective 1-1-80 (Register 79, No. 52). 

3. Repealer and new section heading and section and amendment of NoTii 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 1 0-26-2004 or emer- 
gency 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 sub- 
sections (b)(1) and (c)(1), transmitted to OAL 10-26-2004 and filed 
12-9-2004 (Register 2004, No. 50). 

§ 2254, Record of Hearing. 

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 pris- 
oner is entitled to a copy of the record of the hearing upon request. 
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 11 70.2 
and .3041.5, Penal Code. 

History 

1 . Renumbering of Section 2254 to Section 2255 filed 6-1 1-79; 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. 

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 1 170.2 
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 6-1 1-79; effective thirtieth 
day thereafter (Register 79, No. 24). 

3. Renumbering of Section 2256 to Section 2255 filed 1 2-28-79 as procedural and 
organizational; designated effective 1-1-80 (Register 79, No. 52). 

§ 2256. Attorney. 

(a) General. A prisoner or parolee may be represented by an attorney 
at specific hearings. TTie sections concerning particular hearings and the 
prisoner's or parolee's rights at those hearings specify whether the pris- 
oner 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 ($1 ,500.00) or more in cash, insti- 
tutional trust account, savings account, checking account or any combi- 
nation of cash and accounts. A prisoner or parolee with one thousand five 
hundred dollars ($ 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: Gcignon v. Scar- 
pcUiAU 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 
6-1 1-79; eflective thirtieth day thereafter (Register 79, No. 24). 

2. Renumbering of Section 2253 to Section 2256 filed 1 2-28-79 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 

§ 2265. General. 

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 dav thereafter (Register 78, .\o. 
14). 

2. Amendment filed 7-2 1-78 as an emergency; effective upon filing (Reuistcr 78, 
No. 29). 

3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43). 4. Amendmcnl 
filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4). 

5. Amendment filed 6-1 1-79; effective thirtieth day thereafter (Register 79, .No. 
24). 

6. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2266. Information Considered. 

History 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52) 

§ 2267. Recommendation Hearing. 

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 effec- 
tive 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 6-1 1-79; 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. 

(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 sub- 
sequent parole hearing for more than one year, it shall utilize the criteria 
specified in secfions 2281 or 2402 as applicable. It shall make specific 
written findings staring 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 com- 
missioner may direct that a hearing be held within one year if the inmate 
has been disciplinary free and programming in accordance with board di- 
rection since the last hearing. The board shall notify the prisoner in writ- 
ing of the deputy commissioner's decision. 

(c) Review. All proposed decisions shall be reviewed as provided in 
Section 204 1 . If the decision is approved or modified without a new hear- 
ing, 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, activi- 
ties which might be of benefit during imprisonment, and when the pri son- 
er can expect to have another parole consideration hearing. If the decision 



Page 56.3 



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§2268 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15 

is disapproved and vacated, a copy of the disapproved decision and the Note: Authority cited; Sections 3052 and 5076.2. Penal Code. Reference: Sec- 
reasons for ordering a new hearing shall be sent to the prisoner within 30 "ons 3041 , 3041 .5, 3041 .7 and 5076. 1 . Penal Code, 
days. 



[The next page is 57.] 



Page 56.4 Register 2005, No. 23; 6-10-2005 



Title 15 



Board of Prison Terms 



§ 2270 



• 



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; ef- 
fective upon fding (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 amend- 
ment of subsections (b), (d) and (e) (Register 78, No. 43). 

5. Amendment of subsection (e) filed 1-25-79; effective thirtieth day thereafter 
(Register79, No. 4). 

6. Amendment of subsection (a) filed 6-1 1-79; 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 (Regi.ster 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 1 1-13-85; 
effective thirtieth day thereafter (Register 85, No. 46). 

1 0. Designation of subsection (a), new subsection (b), designation and amendment 
of subsection (c) and amendment of Noti-. filed 3-14-95 as an emergency; op- 
erative 3-14-95 (Register 95, No. 1 1 ). A Certificate of Compliance must be 
transmitted to OAL by 7-1 2-95 or emergency language will be repealed by op- 
eration of law on the following day. 

1 1 . Certificate of Compliance as to 3-14-95 order, including amendment of sub- 
section (a), transmitted to OAL 7-1 1-95 and filed 8-22-95 (Register 95, No. 
34). 

§ 2269. Progress Hearing. 

(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 1 8 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 pa- 
role consideration hearing, the progress hearing shall be scheduled dur- 
ing 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 pro- 
ceedings 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 Sec- 
tions 2245-2255 and the right to have a department representative pres- 
ent at the hearing. The record of the hearing shall be a verbatim transcript. 
NOTt:: 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. Kditorial correction (Register 79, No. 38). 



4. Amendment of subsection (c) filed 2-8-80; effective thirtieth day thereal'tcr 
(RegisterSO, No. 6). 

5. Amendment of subsection (c) filed 8-12-82; effective thirtieth dav 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 1 1349.7(i) 
(Register 82, No. 52). 

§ 2269.1. Documentation Hearings. 

(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 postconv ic- 
tion credit. When the board establishes a parole date the panel shall con- 
sider this information and determine whether to grant or withhold post- 
conviction credit for time served prior to the date of the hearing at which 
parole is granted. Once the parole date is established, these prist)ncrs 
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 docu- 
mentation hearing shall refer any case to the executive officer in which 
the prisoner appears to have suffered the effects of BWS as defined in v^ 
2000(b). The purpose of the investigation is to determine whether it ;ip- 
pears the criminal behavior was the result of that victimization. 

(b) Panel. This hearing shall be conducted by a one perst)n 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 
Hfe term starts (See §§ 2289 and 241 1(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: Sec- 
tions 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 subsecfion (a) filed 1 1-13-85; 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)(l), new 
subsection (a)(2), and amendment of Ncm- 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 re- 
pealed 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 Noth filed 6-17-2003: operative 7-17-2003 (Reg- 
ister 2003, No. 25). 

§ 2270. Subsequent Parole Hearing. 

(a) General. At this hearing each prisoner who was previous!} 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 de\ eloped 
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 sub- 
sequent parole hearing for more than one year, it shall utilize the criteria 
specified in sections 2281 or 2402 as applicable. It shall make specific 



Page 57 



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§2271 



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Title 15 



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, tlie prisoner's central file shall be reviewed by 
a deputy commissioner within three years, at which time the deputy com- 
missioner may direct that a hearing be held within one year if the inmate 
has been disciplinary free and programming in accordance with board di- 
rection since the last hearing. The board shall notify the prisoner in writ- 
ing of the deputy commissioner's decision. 

(e) Prisoner Hearing Rights. The prisoner shall have the rights speci- 
fied 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: Sec- 
tions 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 
(Register79, 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 1 1-13-85; 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. 1 1 ). A Certifi- 
cate of Compliance must be transmitted to OAL by 7-12-95 or emergency lan- 
guage will be repealed by operation of law on the following day. 

9. Certificate of Compliance as to 3-14-95 order, including amendment of subsec- 
tions (e)-(f), transmitted to OAL 7-1 1-95 and filed 8-22-95 (Register 95, No. 

34). 

§ 2271 . Parole Consideration for Nonlife 1 1 68 Prisoners. 

NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, Pe- 
nal 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 227 1 and renumbering of Section 2272 to Section 227 1 filed 
7-21-78 as an emergency; effective upon filing (Register78, No. 29). For histo- 
ry 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 
Secfion 11349.7(j) (Register 82, No. 52). 

7. Repealer filed 3-1 1-87; effecfive thirtieth day thereafter (Register 87, No. 11). 

§ 2272. Hearings for Prisoners with New Criminal or 
Disciplinary Charges Pending. 

(a) Initial Parole Hearing and Subsequent Parole Hearing. A prisoner 
with new criminal or disciplinary charges pending prior to the initial pa- 
role hearing or subsequent parole hearing shall be scheduled for the hear- 
ing 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. Depart- 
ment 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 cal- 
endar. 



(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 pro- 
ceedings 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 6-1 1-79; effective thirtieth day thereafter 
(Register79, No. 24). 

§ 2273. Hearings for Prisoners with Changes in Legal 
Status. 

Changes in legal status include: a final court decision altering the pris- 
oner'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 regulariy scheduled or as would 
be scheduled by the change in legal status. 

(b) After Initial Parole Hearing. If a prisoner' s legal status changes af- 
ter 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 pa- 
role date receives a new commitment to state prison the parole date shall 
be rescinded. No hearing or other board action is required. The depart- 
ment 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 com- 
mencement 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 1 20 days if the M.E.P.D. is within 1 20 days of receipt of the new 
commitment (§ 2304). 

If the new commitment is for a determinate term, the parole consider- 
ation 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 2274to 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. 

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. 



• 



Page 58 



Register 2003, No. 25; 6-20-2003 



Title 15 



Board of Prison Terms 



§2281 



• 



NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170.2 
and 3041, Penal Code. 

History 
1. New section filed 6-1 1-79; effective thirtieth day thereafter ( Register 79, No. 

24). 

§ 2275. Implementation of Penal Code Section 3000.1 . 

(a) General. As required by Penal Code section 3000.1. when parole 
is revoked for any prisoner sentenced under Penal Code section 1 168 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 304 1 .5 and 304 1 .7 within 1 2 months of the date of any re- 
vocation of parole to consider the release of the inmate on parole. 

(b) Panel. This hearing shall be conducted by a two person panel com- 
prised 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 consider- 
ation 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. 
NOTH: 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 1 1 346. 1 (a) (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 

§ 2280. General. 

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 
§ 228 1 (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 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 
24). 

§ 2281 . Determination of Suitability. 

(a) General. The panel shall first determine whether a prisoner is suit- 
able 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 judg- 



ment 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 avail- 
able 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 in- 
volvement in other criminal misconduct which is reliably documented; 
the base and other commitment offenses, including behavior before, dur- 
ing 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 re- 
lease. Circumstances which taken alone may not firmly establish unsuit- 
ability for parole may contribute to a pattern which results in a finding 
of unsuitability. 

(c) Circumstances Tending to Show I'nsuitability. The following cir- 
cumstances each tend to indicate unsuitability for relea.se. These circum- 
stances 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 unsuit- 
ability include: 

(1) Commitment Offense. The prisoner committed the offense in an 
especially heinous, atrocious or cruel manner. The factors to be consid- 
ered include: 

(A) Multiple vicfims were attacked, injured or killed in the same or 
separate incidents. 

(B) The offense was carried out in a dispassionate and calculated man- 
ner, such as an execution-style murder. 

(C) The victim was abused, defiled or mutilated during or after the of- 
fense. 

(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 Offen.ses. The prisoner has previously sexually as- 
saulted 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 mis- 
conduct in prison or jail. 

(d) Circumstances Tending to Show Suitability. The following cir- 
cumstances each tend to show that the prisoner is suitable for release. The 
circumstances are set forth as general guidelines; the importance at- 
tached to any circumstance or combination of circumstances in a particu- 
lar case is left to the judgment of the panel. Circumstances tending to in- 
dicate suitability include: 

( 1 ) No Juvenile Record. The prisoner does not have a record of assault- 
ing 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 indi- 
cate 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 of- 
fense. 

(4) Motivation for Crime. The prisoner committed his crime as the re- 
sult of significant stress in his Hfe. especially if the stress had built over 
a long period of Ume. 



Page 59 



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Title 15 



(5) Battered Woman Syndrome. At the time of the eommission of the 
crime, the prisoner suffered from Battered Woman Syndrome, as defined 
in section 20()0(b), and it appears tiie criminal behavior was the result of 
that victimization. 

(6) Lack of Criminal History. The prisoner lacks any significant histo- 
ry of violent crime. 

(7) Age. The prisoner's present age reduces the probability of recidi- 
vism. 

(8) Understanding and Plans for Future. The prisoner has made realis- 
tic 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. 

NOTt:: 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 NoTH 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 emer- 
gency 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). 



§ 2282. Base Term. 

(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 circum- 
stances of that crime. The base offense is the most serious of all life of- 
fenses for which the prisoner has been committed to prison. 

The base term shall be established by utilizing the appropriate matri:>c 
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 cir- 
cumstances in aggravation or mitigation. 

If the panel finds circumstances in aggravation or in mitigation as pro- 
vided 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 pro- 
vided in the matrix may be imposed by the panel if justified by the partic- 
ular facts of the individual case. 

(b) Matrix of Base Terms for First Degree Murder. 



Page 60 



Register 2008, No. 30; 7-25-2008 



Title 15 



Board of Prison Terms 



§2282 



CIRCUMSTANCES 



First Dci>i-ee Murder 

Penal Code § 189 (in years and 
does not include post conviction 
credit as provided in § 2290) 



A. liulircrl 

Victim died of causes 
related to the act of 
the prisoner but was not 
directly assaulted by 
prisoner with deadly 
force; e.g., shock producing 
heart attack, a crime partner 
actually did the killing. 



B. Direct or 

Victim Contribution 

Death was almost immediate 
or resulted at least partially 
from contributing factors 
from the victim: e.g., victim 
initiated struggle or had goaded 
the prisoner. This does not 
include victim acting in 
defense of self or property. 



C. Severe Trauma 

Death resulted 
from severe trauma 
inflicted with deadly 
intensity; e.g., beating, 
clubbing, stabbing, 
strangulation, suffocation, 
burning, multiple 
wounds inflicted 
with a weapon not 
resulting in immediate 
death or actions calculated 
to induce ten-or in the 
victim. 



D. Torture 

Victim was 
subjected to 
the prolonged 
intliction of 
physical pain 
through the use 
of nondeadly 
force prior to 
act resulting in 
death. 



I. Participatinii Victim 
Victim was accomplice 
or otherwise implicated in a 
criminal act with the prisoner 
during which or as a result of 
which the death occurred, e.g., 
crime partner, drug dealer, etc. 



8-10-12 



10-12-14 



11-13-15 



l.VLS-17 



II. Prior Relationsliip 
Victim was involved in a 
personal relationship with 
prisoner (spouse, family member, 
friend, etc.) which contributed 
to the motivation for the act 
resulting in death. If victim 
had a personal relationship but 
prisoner hired and/or paid a 
person to commit the offense, 
see Category IV. 



10-12-14 



12-1-^16 



13-15-17 



15-17-19 



III. No Prior Relationsliip 
Victim had little or no personal 
relationship with prisoner, or 
motivation for act resulting 
in death was related to the 
accomplishment of another 
crime, e.g., death of victim 
during robbery, rape, or other 
felony. 



11-13-15 



13-15-17 



14-16-18 



16-18-20 



IV. Threat to Public Order or 
Murder for Hire 
The act resulting in the victim's 
death constituted a threat to the 
public order include the murder 
of a police officer, prison guard, 
public official, fellow 
patient or prisoner, any killing 
within an institution, or any killing 
where the prisoner hired and/or paid 
another person to commit the offense. 



13-15-17 



15-17-19 



16-18-20 



18-20-22 



SUGGESTED BASE TERM 



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Title 15 



(c) Matrix for Kidnapping for Robbery or Ransom. 



CIRCUMSTANCES 



2282(c) 
Kidnap for Robbeiy or Ransom 

Penal Code § 209 (in years and 
does not inelude post eonviction 
credit provided in § 2290) 



A. Minor Movement 

Movement was of short 
duration and resultant 
location would not 
substantially increase 
risk of harm. 



B. Extensive 
Movement 

Movement was of lengthy 
duration or resultant location 
would substantially increase 
risk of harm. 



C. Uostai^e 

Victim was taken as 
hostage. 



D. Plannini; 

The crime 
involved 
intricate prior 
planning. 



I. 

Minor Injury 
Victim unharmed or received 
minor injury. 



8-10-12 



9-11-13 



10-12-14 



11-13-15 



II. 

Victim Assaulted 
Victim was sexually 
assaulted or otherwise 
seriously injured or 
assaulted. 



-13 



10-12-14 



11-13-15 



12-14-16 



III. 

Major Injury 
Victim's major injuries required 
extensive treatment or the victim 
was seriously disabled. 



10-12-14 



11-13-15 



12-14-16 



13-15-17 



IV 
Death 
Victim died. 



Use matrix provided in Section 2282(b). 



SUGGESTED BASE TERMS 



(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 mag- 
nitude in respect to the threat to the public, and shall consider any relevant 
Judicial Council rules and sentencing information as well as any circum- 
stances in aggravation or mitigation of the crime. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3041, Pe- 
nal Code. 

History 
1 . Amendment of subsection (b), Categories II and IV, filed 5-1-80; effective thir- 
tieth day thereafter (Register 80, No. 1 8). 

§ 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 cir- 
cumstances. Circumstances in aggravation of the base term for any life 
crime include: 

(1) The crime involved some factors described in the appropriate ma- 
trix 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 oppor- 
tunity 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 com- 
pleting that crime; 

(2) The corpse was abused, mutilated or defiled; 

(3) The prisoner went to great lengths to hide the body or to avoid de- 
tection; 

(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 pubUc 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, includ- 
ing those established by the Judicial Council, as they may pertain to set- 
ting parole dates for these offenses. 



Page 62 



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Title 15 



Board of Prison Terms 



§2288 



§ 2284. Circumstances in Mitigation of the Base Term. 

(a) General. The panel shall impose the lower base term or another 
term shorter than the middle base term upon a finding of mitigating cir- 
cumstanees. Circumstances in mitigation of the base term for any life 
crime include: 

( 1 ) The crime involved some factors described in the appropriate ma- 
trix 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 cir- 
cumstances 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 commis- 
sion 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) Tlie 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 un- 
likely 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 es- 
tablished by the Judicial Council, as they may pertain to setung 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 Noth filed 3-1 6-2001 as an emergency; opera- 
tive 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 pris- 
oner 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. 

(a) General. The panel shall impose enhancements as provided in this 
section. 

If the panel finds circumstances in aggravation or mitigation as pro- 
vided in §§ 2287 or 2288, the panel may impose a higher or lower en- 
hancement, or may impose no enhancement, if the panel states the specif- 
ic reasons for doing so. 

(b) MuUipIe 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 consecufively with the life sentence or each other. 

( 1 ) Nonlife Offenses. Except as provided in (3) below, in adding en- 
hancements for nonlife offenses, the panel should be guided by Penal 
Code Section 1 170. 1 . The panel shall select a principal term and subordi- 
nate 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 1 1 68 Offenses. The enhancement for each nonlife 1 1 68 of- 
fense 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, re- 
gardless 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 probafion. 

(d) Additional Term for Disciplinary OlTenses. The panel may impo.se 
a specific enhancement for serious disciplinary offenses which occurred 
since arrival in prison but before a parole date is granted. Only disciplin- 
ary 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 tlic total 
period of confinement only after rescission proceedings (see Chapter 4). 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3041 , Pe- 
nal 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, \o. 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 6-1 1-79; 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 imposifion of a term for another 
crime higher than that suggested in Section 2286 include: 

(a) Pattern of Violence. A vicfim 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 enhance- 
ment under Section 2286. 

(c) Crimes of Increasing Seriousness. The other crime, when consid- 
ered with the principal crime, indicates a significant pattern of increas- 
ingly 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 be- 
havior 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. 

(0 Other. The other crime involved any of the circumstances in aggra- 
vation 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 im- 
position 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 Secfion 2286. 

(b) Successful Completion of Probation or Parole. The prisoner's per- 
formance on probation or parole for the other crime was good, and the 



Page 62.1 



Register 2008, No. 30; 7-25-2(K)8 



§2289 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



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 prin- 
cipal offense in time, or in the kind of criminal conduct involved, or in 
the apparent motivation or cause of the criminal conduct indicating an in- 
significant 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 miti- 
gation 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 re- 
ception 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 re- 
ceived 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. 

§ 2290. Postconviction Credit. 

(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 1 80 days 
from the date of the hearing shall not be granted unless or until rhe parole 
review authorily oj 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. Tlie board may grant more 
or less than 4 months annual postconviction credit when the prisoner's 
performance, participation or behavior warrants such adjustment of cred- 
it. 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 perform- 
ance in a work assignment, exceptional participation in self-help or reha- 
bilitative 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 304 1 ). 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 institu- 
tion, the prisoner's custody status, and any other impediments to the pris- 
oner'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 



[The next page is 63.] 



Page 62.2 



Register 2008, No. 30; 7-25-2008 



Title 15 



Board of Prison Terms 



§2292 



• 



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 pre- 
sumed 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 in- 
fractions of departmental regulations, violates any state law, or engages 
in other conduct which could result in rescission of a parole date (see Sec- 
tion 245 1 ). 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 pro- 
gram participation, or consistent overall negative behavior demonstrated 
by numerous minor disciplinary reports may, individually or cumulative- 
ly, justify the withholding of annual postconviction credit which other- 
wise 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. 

NOTIi: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec- 
tion 3041, Penal Code. //? re Stanley. 54 CaI.App.3d 1030 (1976). 

History 

1 . Amendment of subsection (a) filed 8-18-78 as an emergency; designated effec- 
tive 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. Kditorial correction in placement of history notes (Register 78, No. 43). 

4. Repealer of subsection (a)(1) and amendment of sub.section (b)(1) filed 
1-25-79; effective thirtieth day thereafter (Register 79, No. 4). 

5. New subsection (e) filed 6-1 1-79; 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 Noth filed 12-20-93; operadve 1-19-94 
(Register 93, No. 52). 

9. Editorial correcdon of subsection (e) (Register 95, No. 45). 

§2291. New Crimes. 

New crimes committed by the prisoner shall be dealt with in accor- 
dance with Section 2286. 

§ 2292. Retroactivity. 

(a) General. All life prisoners committed to state prison for crime(s) 
committed prior to July 1 , 1 977 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 pa- 
role date. 

Postconv iction 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 es- 
tablished under guidelines in effect prior to July 1 , 1 977 shall be consid- 



ered for postconviction credit under the guidelines in effect prior to July 
1 , 1 977. Any credit granted under those guidelines shall advance the pa- 
role 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 , 1 977. 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 ba.se 
crime. The parole violation that resulted in the return to prison shall be 
considered as an adjustment for postconviction factors and may increa.se 
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 result- 
ing 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 ]ia- 
role date for the new life sentence adding time for any nonlife commit- 
ments as multiple commitment offenses pursuant to Sections 
2281-2290. The action to discharge the original term shall be to set a pa- 
role date on the original life term effecli\e 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 pa- 
role 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 be- 
yond the period of confinement that could be set for the life crime the pan- 
el 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 1 170.2(a) DSL release date calcu- 
lated and ISL parole hearings. 

If the panel determines that the original life sentence should not be dis- 
charged, 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 pris- 
oner will have an 1 170.2(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 1 170.2 
and 3041 , Penal Code; In re Stanley, 54 Cal. App. 3d 1030 (1976); and /// re Stan- 
worth, 33 Cal. App. 3d 176 (1976). 

History 

1 . Amendment filed 6-1 1-79; 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 subsecUon (e) filed 8-12-82; ef- 
fective thirtieth day thereafter 82, No. 33). 

4. Amendment of subsection (a) filed 1 1-13- 85; effective thirtieth day thereafter 
(Register 85, No. 46). 



Page 63 



Register 2003, No. 25; 6-20-2tK)3 



§ 2300 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Article 6. Parole Consideration Procedures 
for ISL Prisoners 



§ 2300. General. 

All ISL prisoners shall be considered for parole pursuant to the proce- 
dures 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. 

At all parole consideration hearings described in this article, the hear- 
ing panel shall consider the information described in Sections 
2232-2235. 

NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041 and 
5076.1, Penal Code. 

History 
1. Amendment filed 1 1-13-85; effective thirtieth day thereafter (Register 85. No. 

46). 

§ 2302. Panel Composition. 

History 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52). 

§ 2303. Prisoner Rights. 

At all parole consideration hearings described in this article the prison- 
er shall have the rights specified in Sections 2245-2255. The record of 
the hearing shall be a tape recording. 

NOTi;: Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2 
(c). Penal Code. 

History 

1. Amendment filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No. 
24). 

2. Amendment filed 8-12-82: effecdve 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 pris- 
oner is unsuitable for parole under the criteria in Section 23 1 6. If the pris- 
oner 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 un- 
dertaken 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 23 18-2328 utilizing the factors of Section 
2317 and the ranges of Section 2329. 

(b) Scheduling. The initial parole hearing shall be scheduled as fol- 
lows: 

(l)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. 

§ 2305. Progress Hearing. 

(a) General. At this hearing the hearing panel shall determine whether 
a previously set parole date should be advanced due to the prisoner" s con- 
duct in prison or any change in circumstances as provided in § 2324(b). 



The reasons for advancing or not advancing the parole date shall be docu- 
mented by the hearing panel. 

(b) Scheduling. The hearing shall be scheduled by department staff ac- 
cording 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 ap- 
propriate, department staff shall place the case on the institutional mis- 
cellaneous proceedings calendar with documentation of the reasons for 
requesting the progress hearing. The board may deny the department re- 
quest 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 maxi- 
mum advancement that could be granted at the progress hearing (4 
months per year) plus a 60-day advancement would not result in advanc- 
ing the ISL parole date to a date earlier than the DSL release date. 

If department staff believes that the prisoner may warrant an advance- 
ment 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 Slunlex, 54 
Cal.App.3d 1030 (1976) and Section 1 170.2, Penal Code. 

History 

1 . Amendment of subsection (a) filed 6-1 1-79; effective thirtieth day thereafter 
(Register 79, No. 24). 

2. New subsecfion (b)(5) filed 10-25-79; effective thirtieth day thereafter (Regis- 
ter 79, No. 43). 

3. Amendment of subsecfion (b) filed 5-1-80; effective thirtieth day thereafter 
(Register 80, No. 18). 

§ 2306. Subsequent Parole Hearing. 

(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 devel- 
oped since the last hearing applying the criteria of Secdons 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 fil- 
ing. Certificate of Compliance included (Register 77, No. 44). 

§ 2307. Hearing for Prisoners with New Criminal or 
Disciplinary Charges Pending. 

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 sched- 
uled hearing. Department staff shall place the case on the miscellaneous 
proceedings calendar every 90 days from the date of the originally sched- 
uled hearing including a report of the status of the case. Following con- 
clusion of the criminal or disciplinary charges, the case shall be sched- 
uled 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. 

Changes in legal status include: a final court decision altering the pris- 
oner" s commitment status, modification of the judgment or abstract of 
judgment, and new commitments. 



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§ 2317 



(a) Before Initial Parole Hearing. If a prisoner's legal status changes 
before the initial parole hearing, the change in legal status shall be consid- 
ered 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 af- 
ter 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 pa- 
role date receives a new commitment to state prison the parole date shall 
be rescinded. No hearing or other board action is required. The depart- 
ment 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 com- 
mencement 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 1 20 days if the M.E.P.D. is within 1 20 days of receipt of the new 
commitment (§ 2304). 

If the new commitment is for a determinate term, the parole consider- 
ation hearing shall be conducted within 60 days of receipt of the new 
commitment unless no parole consideration hearing is required under 
§2310. 

NOTK: 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 1 1 70.2 
Release Dates. 

Any ISL prisoner who has a confirmed 1 170.2(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 1 1 70.2(a) release 
date. An 1 170.2(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 war- 
ranted. 

Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170.2, 
5075 and 5076.1, Penal Code. 

History 

1. New section filed 4-4-78; effecfive thirtieth day thereafter (Reeister 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. 

(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 1 170.2. 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 re- 
ceived 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 relea.se 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 com- 
puted 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 cred- 
it the eariiest eligible release date, combined DSL release date and DSL 
relea.se date on the DSL term shall be recalculated. The prisoner shall be 
scheduled for a hearing only if the requirements of ( 1) and (2) abo\e arc 
met. The hearing shall be held within two months of the loss of good lime 
credit. 

NotH; Authority cited: Section 5076.2, Penal Code. Reference: Section 1 170.2. 
Penal Code. 

Hlstory 

1. New secfion 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 

§2315. General. 

In considering an ISL prisoner for parole, the hearing panel shall con- 
sider the criteria and be guided by the ranges suggested in this article in 
setting a parole date. 

Applying the criteria in 23 1 6, the hearing panel shall first determine 
whether the prisoner is unsuitable for parole. If the prisoner is found un- 
suitable, parole shall be denied. 

If the prisoner is found suitable for parole, the hearing panel shall con- 
sider the criteria in 23 1 7 to determine the total period of confinement. 
The hearing panel shall determine the period of confinement following 
the procedures in 23 1 8-2328. 

§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 of- 
fense and the risk of danger to society if the prisoner were released. Ex- 
amples 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 demon- 
strate 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 nev* seri- 
ous crimes will be committed if released. 

§ 2317. Fixing a Parole Date: Criteria. 

(a) General. If the prisoner is found suitable for parole, in setting a pa- 
role 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 circum- 
stances by offense include: 

(1) Homicide. 

(A) Muldple victims. 



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Title 15 



(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 vic- 
tim 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 ac- 
complishing 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 circum- 
stances 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 dnigs or the manufacture of drugs with professional chemical equip- 
ment. 

(8) Family Offenses. 

(A) Act resulted in prolonged hospitalization, deformity, or disfigure- 
ment. 

(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: Section.s .^041, .^052 and 5076.2(a). Penal Code. Refer- 
ence: 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 3-1 6-2001 as an emergency; op- 
erative 3-16-2001 (Register 2001, No. 1 1 ). 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 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
11349.7(j) (Register 82, No. 52). 

§2319. Definitions. 

(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 prepri- 
son credit. The total period of confinement may be increased after a re- 
scission hearing or decreased after a progress hearing. The total period 
of confinement shall be established by adding the base period of confine- 
ment 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 hear- 
ing 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 serious- 
ness of the base crime. 

(d) Adjustments. Adjustments are any periods of time added to or sub- 
tracted 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 grav- 
ity of the base crime as determined by the hearing panel, taking into ac- 
count 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 typi- 
cal or aggravated. 

(c) Set Base Period of Confinement. Once the crime has been charac- 
terized as typical or aggravated, the hearing panel may use the range sug- 
gested for that crime in § 2329 as a guideline in setting the base period 
of confinement. 



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§2324 



(d) Reasons. The specific, factual reasons for establishing the base pe- 
riod of confinement shall be documented by the hearing panel. 

§2321. Adjustment: General. 

(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 1 1349.7(,j) (Register 

82, No. 52). 

§ 2322. Adjustments for Preconviction Factors. 

(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 re- 
sulted in the criminal history forms a pattern with the current commit- 
ment crimes. The period of confinement shall not be increased for con- 
victions, or prior prison terms resulting from convictions, that have been 
reversed in court or pardoned by the executive. When old criminal histo- 
ry 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 dis- 
charged 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 pa- 
role 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 in- 
creasing the total period of confinement. 

(2) Prior Felony Convictions Pled and Proven. Prior felony convic- 
tions which did not result in a prison term, but which were pled and prov- 
en 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 con- 
viction, 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 crimi- 
nal 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. 

NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170.2, 
3041, and 3060, Penal Code. 

History 

1. Amendment of subsection (a) fded 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. 

(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 ar- 



rival in prison. If the prisoner had been in prison prior to the current com- 
mitment, multiple crimes are crimes which were committed after the 
most recent release from prison. Any increase in the total period of con- 
finement shall be commensurate with the severity of the crime. 

(b) Sentencing Status. The total period of confinement may be in- 
creased or decreased because of the prisoner's sentencing status. A con- 
secutive sentence to prison imposed by the court under Penal Code # 669 
or required by statute may be interpreted as a recommendation for se\ cri- 
ty 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 peri- 
od 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 mini- 
mum eligible parole date. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 1 170.2, 
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. 

(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 re- 
sult in a new prison commitment and which occurred since arrival in pris- 
on but before a parole date is granted. 

Court convictions which occur after a parole date is granted may in- 
crease the total period of confinement only after rescission proceedings. 
See Chapter 4. 

(3) Disciplinary Offenses. The total period of confinement may be in- 
creased 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 of- 
fenses are specified in § 245 1 . 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 demon- 
strated 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 assis- 
tance 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 psychiat- 
ric or self-improvement programs. 

(13) Substantial gains in alleviating the personal condition which 
caused the crime. 



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Title 15 



(14) Changes in circumstances sucli 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). 

NoTi:; Authority cited: Section 5076.2, Penal Code. Reference: Section 1170.2 
and 3041, Penal Code. //; re Stanley. 54 Cal.App..3d 10.30 (1976). 

History 

1. Amendment of sub.section (b) filed 1-25-79; effective thirtieth day thereafter 
(Register 79, No. 4). 

2. New subsection (c) filed 6-1 1-79; effective thirtieth day thereafter (Register 79, 

No. 24). 

§ 2325. Weapons. 

The use or possession of weapons may increase the total period of con- 
finement. 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 multi- 
ple 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 consecu- 
tive sentence, the total period of confinement may also be increased be- 
cause 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 com- 
mitment to prison (such as convictions upon which sentencing was sus- 
pended 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 

1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2328. New Commitments. 

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 pro- 
vided 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 por- 
tion." 

(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 ad- 
justment. 

§ 2329. Suggested Base Ranges. 

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 un- 
der the facts and circuinstances 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 appropri- 
ate under the facts and circumstances of each case. 

The total period of confinement may be higher or lower than these 
ranges after adjustinent for other relevant factors. 
SUGGESTED RANGES 

PAROLE (nios) 
Base Period 
Typical A}>gravate(l 

(a) Homicide. 

( 1 ) Murder 2nd ( 1 87, 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) (31^2) (43-48) 

(4) M/S (invol) (192.2. 6mo, 6mo-15) (24-36) (37-42 ) 

(5) An M/S (664/192.2, 6mo,6mo-71/2) (20-24) (25-30) 

(6)M/S(byauto)(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 1 

(2) Pose as Kidnapper (210, 20mo,5-life) (30-38) (39^4 1 

(3) ADW on Police Officer/Fireman by Ex 

-Felon (245 (b), 20 mo,5-life) (30-38) (39-44 1 

(Prior to 9/17/65 6mo, 6mo-15) 

(4) Hostage (4503, 20mo, 5-life) (30-38) (39^4^ 

(5) Attempt of above (644/_,6mo,6ino-20) (28-36) (37-38. 

Serious (18-32) (33-38) 

(6) Kidnapping (207, lyr, lyr-25) 

(7) Assault w/intent to Commit Rape, etc. (220, 
lyr. lyr-20) 

(8) ADW or Assault w/Force Likely to Produce 
GBI (245(a), 6mo, 6mo-life) 

(Prior to 1 1/23/70 6mo, 6mo-10) 

(9) Assault w/intent to Commit Murder (217, 
lyr, 1-14) 

(10) ADW on Police Officer/Fireman 245(b), 
6mo, 6mo-life) 

(9/17/65-1 1/23/70. 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 
(4.501, lyr, 3-life) 

(13) Attempt of above (664/ 6mo, 6mo-l/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 Cormnit Felony not in Sec. 220 
(221,6mo, 6mo-15) 

(16) Battery on Police Officer/Fireman (243, lyr, lyr-10) 

(17) Assault w/Caustic Chemical (244, lyr, lyr-I4) 

(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-l/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 

(20) False Imprisonment (236, lyr, lyr-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, 
lyr, lyr-5) 

(24) Battery on Non-Prisoner by Prisoner 
(4501.5, lyr, lyr-3) 

(25) Fail to Render Aid after Accident (20001 
VC, lyr. lyr-5) 



(18-24) 



(25-32) 



Page 68 



Register 2003, No. 25; 6-20-2003 



Title 15 



Board of Prison Terms 



§ 2329 



(26) Drunk Drive Causing Bodily Injury (23101 
VC, lyr, lyr-5) 

(27) Drive Under Infl. Dni2S Causing Bodily Injury 
(23106 VC, lyr, lyr-5l 

(28) Attempt of above (664/ 6mo, 6mo-l/2 max) . (16-22) 



Serious 

(6) Rape w/Force or Threat (261(2)(3), lyr. 3- 

life) 

(7) Sodomy under 14 & over 10 yrs older or by 
Foree (286(e), lyr, 3-life) (f.286,lyr, 1-life) 

(8) L&L, Child Under 14 (288. lyr, 1-life) 

(9) Oral Copulation under 14 & over 10 yrs older, 
or by foree, violenee,etc., 

(288a(c), lyr, 3-life) 
(f.288a, lyr, 3-15) 

(10) Attempt of above (664/_, 6mo. 6mo-20) . . 



(20^8) 



(24-32) 



(2.3-28) 



(12021, 6mo,6mo- 15) 

(4) Possession of Firearm by Ex-Felon Who used 

Firearm in Prior Felony 

(12560, 6mo, 6mo-15) 



(c) Sexual Offenses. 
More Serious 

( 1 ) Rape w/Great Bodily Injury 264, 5yr, 15-life) 

■ (60-73) (74-82) 

(2) Aid Rape w/Foree (264.1, 20mo, .5-life) 

(f.286.1, 20mo, 5-life) (20-38) (39-44) 

(3) Aid Sodomy w/ Foree (286(d), 20mo, .5-life) 
(f.286.1, 20mo, .5-life) 

(4) Aid Oral Copulation w/Fbree (288a(d). 20mo, .5-life) 
(f. 288b, 20mo, .5-life) 

(5) Attempt of above (664/__, 6mo, 6mo-20) (28-36) (37-42) 



(49-60) 



(3.3-38) 



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) 

( 1 3) Seduce for Prostitution 266, 6mo, 6mo-5) 

(14) Abduct for Prostitution (267, 6mo, 6mo-5) 

(15) Place Wife in House of Prostitution (266g, 
lyr, .3-10) 

(16) Pimping (266h, lyr, 1-10) 

(17) Pandering (266i, lyr, 1-10) 

(18) Incest (285, lyr, 1-.50) 

(19) Sodomy under 18 (286(b), 6mo. 6mo-5) 
(f.286, lyr, lyr-Iife) 

(20) Oral Cop under 18, (288a(b), 6mo, 6mo-5) 
(f.288a, 6mo, 6mo-15) 

(21 ) Indecent Exposure w/Like or 288 Prior 
(314(1), lyr, lyr-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, lyr, lyr-5) 

(24) Attempt of above (664/ , 6mo, 6mo-l/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,L5-life). (60-73) (74-82) 

(2) Robbery 1st (211, 20mo, .5-life) (22-36) (37-42) 

(3) Att. Robb 1st (664/21 1, 6mo,6mo-20) (22-36) (37-42) 

Serious (14-30) (3 1^2) 

(4) Arson— Bum Public Bldg. etc. (448a, 8mo. 2-20) 

(5) Arson — Bum as Described by Statute (449b, lyr, 
lyr- 10) 

(6) Arson — Bum Dwelling, House, Etc. (447a, 8mo, 
2-20) 

(7) Robbery 2nd (211, lyr, 1-life) 

(8) Att Robb 2nd (664/21 l,6mo,6mo-20) (12-18) (19-30) 



I^ss Serious (9-18) (19-30) 

(or MEPD) 
(9) Arson — Bum Personal Property (449a, lyr, 

1-3) 
(lO)Arson — Bum Insured Property (450a, lyr, 

lyr--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 posses.sion of)(4574, lyr, 1-life) 

(2) Possession of Weapon by Prisoner (4502, lyr, 
3~life) 

Serious (12-24) (25-36) 

(3) Possession of Firearm by Ex-Felon (Narcotic Addict) 



(73 84) 
(139 156) 
(121 240) 



Less Serious (9 18) (19-30) 

(or MEPD) 

(5) Possession-Manufacture of Fire Bomb 4.52, 6mo, 
6mo-5) 

(6) Manufacture, Sale, Poss Blackjack, Sawed-Off 
Shotsun, etc. 

(12020, lyr, 1-3) 

(Prior to 1/1/76, lyr, 1-5) 

(7) Alter Marks on Firearm( 12090, lyr, 1-5) 

(8) Unlawful Poss of Firearm Silencer( 12520. 6mo. 6mo-3) 

Additional Penalties 

(9) Commit Felony Armed w/Deadly Weapon 

(12022, +20mo, .5-lOCS) (12-24) 

(10) Use of Firearm in Robbery, ADW, etc. 

(12022.5, +20mo,.5-IifeCS) (12-24) 

(f) Opiates. * 

(1) Induce Minor(by adult)( 11.3.53, (f. 11.502) 
5 yr, 10-life) (60-72) 

(A)w/SPC(10yr, 10-life) (120-138) 

(B) W/2SPC (15 yr, 15-life) (180-210) 

(2) Induce Minor (by minor) (1 13.54 (f.l 1502. 1 ) 

20 mo, 5-life) (30-38) (39 44) 

(A) w SPC (40mo, 10-life) (40-48) (49 54) 

(3) Sell, Transport, etc. (1 1352,(f.l 1.501 ) 2()mo, .5-lifc) (28-42) (43 48) 
(prior to 1/1/76 3yr, .5-life) 

(A) w/SPC (40mo. 10-life) (40^8) (49 54) 

(B) w/2 SPC (5yr, 15-life) (60-72) (73 96) 

(4) Pos.session for Sale 

(1 1351, (f.l 1500.5) 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 (11.350,(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^W) 

(prior to 1/1/76 5yr, 5-20) (60-68) (69 76) 

(B) w\2 SPC (5yr, 1.5-life) (60-72) (73 -96) 

(6)SeIlinLieuof(lL35.5(f. 11.503)6mo, 6-10) (12-18) (19-24) 

(g) Dangerous Drugs. * 

(1) Induce Viol, by Minor (11380, (f.l 1913) 

5yr, 10-life) (60-72) (73-84) 

(9/65-1 1/69, 6mo, 6mo-5) (12-18) (19-24) 

(A) w/SPC (lOyr, 10-life) (120-138) (1.39-L56) 

(9/6.5-11/69, 8mo,2-10) (14-20) (21-26) 

(B) w/2 SPC (L5yr, L5-life) (180-210) (21 1-240) 

(2) Sell, Mfg.Transport (1 1379, (f.l 1912(, 3yr, .5-life) (36-40) (41-44) 
(9/6.5-1 1/69, 6mo-5) (12-18) (19-24) 

(A) w/SPC (20mo, .5-life) (38-42) (43-46) 

(9/6.5-1 1/69, 8mo, 2-10) (14-20) (21 26) 

(B) w/2 SPC (lOyr, 10-life) (120-138) (139-1.56) 

(3) Possession for Saled 1.378 (f.l 191 l)2yr. 2-10) .. (28-32) (3.3 38) 
(9/6.5-11/69, 6mo,6mo-3) (9-15) (16-24) 

(A) w/SPC (.3yr, 5-15) (36^2) (4.3-^8) 

(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) lyr, 1-10 (18-24) (2.5.32) 

(A) w/ SPC (2yr, 2-20) (30-36) (37 42) 

(7/17/6.5-11/3/68, lyr, 1-5) (12-20) (21-28) 

(5) Sell in Lieu of (11382, (f.l 1917) 6mo,6mo-5) ... (9-15) (16 24) 

(h) Marijuana. * 

(l)SaletoMinor(1136],(f.ll532).5yr, 10-life) (60-72) (73 84) 

(A)w/SPC(10yr, 10-life) (120-138) (139-1.56) 

(B) w/2 (SPC 1.5yr, 15-life) (180-210) (211 240) 

(2) Sell,Transport,Fumish (1 1360,(f.l 1531 ) .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 (1 1359, (f. 1 1530.5) 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 (1 1363, (f. 1 1540) 6mo, 

6mo-10) (12-18) (19 24) 

(A) w/SPC 8mo, 2-10 (14-20) (21 26) 

(5)Plant, Process Mari. (11358, (f.ll530.9)lyr. 1-10) (18-22) (23 30) 

(A) w/SPC (2yr, 2-20) (30-36) (37-42) 

(B) w/ 2 SPC (5yr, 5-Ufe) (60-72) (73-H4) 

(6) Possession (11357(a) lyr, lyr-10) (18-22) (23 32) 

(prior to 1968 incld. plant, cultivate, etc) 

(eff. 1/1/76, 11357(a) poss. hash,lyr, lyr-5) (12-18) (19 24) 



Page 69 



Register 2003, No. 25; 6-20-2003 



§2329 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



(A)w/SPC2yr. (2-20) (24-30) (31-38) 

(B) w/2 SFC (20mo, 5yr-life) (28-34) (35-42) 

(i) Misc. Controlled Substance Viol. 

(9-15) (16-22) 

(or MEPD) 

( 1 ) Forgery/Alter Prescription ( 1 1 368, f. 11 7 1 5, 
6mo, 6ino-6) 

(Subsequent 6mo, 6mo-10) 

(2) Unlawful Write-Fill Controlled 

Substance Prescription (11 152, f.l 1 162, 6mo,6mo-6) 

(3) Unlawful Fill C.S. Prescription (11 153, 
f.11162.5. 6mo. 6mo-6) 

(4) Prescribe C.S. Unlawfully (11 154, f.ll 163, 
6mo, 6mo-6) 

(5) Physician Prescribe C.S. While Priv. 
Suspended ( 1 1 155, f.ll 163.5, 6mo.6mo-6) 

(6) Prescribe-Adniinister C.S. to Addict (11 156, 
f.ll 164, 6mo, 6mo-6) 

(7) Obtain C.S. by fraud (111 73, f. 11 170, 6mo, 
6mo-6) 

(8) Give False Name or Address ( 1 1 174, 6mo, 
61T10-6) 

(9) Induce Minor to Viol Prescription Law 
(11371, f.ll 7 15.7, 6mo, 6mo-6) 

(10) Maintaining Place (1 1366, f.ll557, ino, 6ino-10), 
w/SPC 8mo, 2-20) 

(11) Forge Prescription (4390 BP Code, lyr, lyr-14) 

(12) Brine 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, Drues, Alcohol in Jail or Prison 
(4573.6 PC, 6mo!6mo-5) 

(15) Attempt of above (664/ , 6mo, 6mo-l/2 

max) (6-12) (13-18) 

(j) Crimes Against Property. 
More Serious 

(1) Burglary w/Bodily Harm (459,5yr,15-Iife) (60-72) 

(2) Burglary w/Explosives (464,40mo, 10-40) (40-60) 

(3) Burglary 1st (459, 20mos, 5-life) (24-30) 

(4) Attempt of above (664/_,6mo,6mo-l/2 max 
or 6mo-20 if max life) (18-24) 

Serious (16-22) (23-28) 

(5) Fmbezzlement by Public Official (424, lyr, 
lyr- 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) 
(lO)Receiving Stolen Property (496, 6mo,6mo-10) 

(11) F:mbezzlement (503,lyr,lyr-10) 

(12) Extortion (518,lyr,Ivr-10) 

(13) Defraud Insurer (548,]yr,lyr-10) 

( 14) Falsify Records w/Intent to Defraud 
(3020(b)(CC),6mo,6mo-10)** 

(15) Sale of Securities without Permit (251 10 (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,lyr,lyr-15) 

(20) Forgery (including attempts) (470, lyr, lyr-14) 

(21) Forgery, Documents, Seals (472, lyr, lyr-14) 

(22) Fraud. Possession of Unfinished Check (475, lyr, lyr-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, lyr, lyr-14) 

(27) Forgery of Credit Card (484f, lyr, lyr-14) 

(28) Manufacture Fraudulent Credit Card (4841, lyr, lyr-14) 

(29) Forgery of Fictitious Name (29221 (EC), lyr, lyr-14) 

(30) Attempt of above (664/ 6mo, 6mo-l/2 max) . (9-15) (16-22) 



(73-96) 
(61-84) 
(31-36) 

(25-36) 



(34) Fraudulent Possession of Completed Check 
(475a, lyr. lyr-5) (prior to 1/1/74. lyr, lyr-14) 
(1/1/74-1/1/75, lyr. lyr-10) 

(35) Theft of Credit Caids (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), lyr. lyr-5) 

(40) Attempt of above (664/ , 6mo,6mo-l/2 max) . 



(9-12) 



(13-15) 



Less Serious (9-15) 

(or MEPD) 

(31) Fraudulent Claims (72, 6mo, 6mo-5) 

(32) Bookmaking (337a, 6mo, 6mo-2) 

(33) Forg. Telephone Message (474, 6mo, 6mo-5) 



(16-22) 



(k) Family Offenses. 

Serious (18-22) (23-38) 

( 1 ) Willful Cruelty to Child (life or Health Endangered) (273a, lyr, 1 yr-1 0) 

(2) Inflict Traumatic Injury on Wife (Child) 
(273d. 6mo. 6mo-10) " 

(3) Attempt of above (664/_.6mo,6mo-l/2 max) .. (12-18) (19-24) 

Less Serious (9-15) (16-20) 

(or MEPD) 

(4) Abortion (274, 8mo, 2-5) 

(5) Abortion, Submit (275, lyr, lyr-5) 

(6) Bigamy (281, 6mo, 6mo-10) 

(7) Child Desertion (271. 6mo, 6mo-l ) 

(8) Failure to Provide (270, 6mo-lyr + 1 day) 

(1) 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 E.scape (4535, lyr, 1-life) 

(3) Attem'pt of above (664/_,6mo.6mo-20) (6-12) (1.3-18) 

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, lyr4ife CS) 

(13) Escape from County Facihty 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-l/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, 
lyr, lyr-14) 

(3) Bribery of a Judicial Officer or Juror (92, lyr, 1-10) 

(4) Perjury (118, lyr, 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-l/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) Solicitafion (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) 



Page 70 



Register 2003, No. 25; 6-20-2003 



Title 15 



Board of Prison Terms 



§ 2345 



(13) Criminal Conspiracy (All other conspiracies treated the same as the crime it 

self) 
(182. 6mo, 6mo-3) 

(16) Kx-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) 

(0) 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 crimi- 
nal should not be considered as part of the criminal history under § 2322. 

NOTI-;: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1 170.2 
and 3041. Penal Code. 

History 

1. New subsections (n) and (o) filed 4-4-78; effective thirtieth day thereafter 
(Regi.stcr78. No. 14). 

2. Amendment of subsection (1 ) filed 5-28-81; effective thirtieth day thereafter 
(Register 81, No. 22). 

3. Kditorial correction of subsections (i)-(.j) (Register 95, No. 42). 

Article 8. Preprison Credit 

§ 2340. General. 

NoTi:: 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 
1 1349.7(j) (Register 82, No. 52). 

§ 2341 . Types of Preprison Credit. 

(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. 
NoTI:; 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. 
&^'<'(1980)26Cal.3d 144a. 

§ 2342. Application of Preprison Custody Credit to ISL, 
Nonlife 1168 and Life Prisoner Parole Dates. 

(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. Pre- 
prison custody credit shall not be deducted from any other adjustment. 

( 1 ) No Overlapping Preprison Credit. Preprison custody credit attrib- 
utable 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 ba.sc period 
of confineinent or the multiple crime adjustment shall be deducted from 
the parole period. 

(2) Preprison Credit Overiaps Base and Multiple Crimes. Preprison 
custody credit attributable both to the base offense and to multiple criines 
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 coinputed 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 Overiaps Among Multiple Crimes Only. Prepri- 
son custody credit attributable to inultiple crimes shall be deducted from 
the adjustments computed under Sections 2286. 2323(a). 2407 beginning 
with the adjustment for the eariiest crime and deducting any remaining 
preprison credit from the adjustments following the chronological order 
of the crimes. 

NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1203.03. 
2900.1, 2900.5, 4019, Penal Code. //; re Sosci. 102 Cal.App.3d 1002 (1980). 

§ 2343. Application of Preprison Credit to ISL Sentence. 

Preprison custody and outpatient credit shall be deducted from the 
minimum term, MEPD. and primary term fixed under any previous regu- 
lation. 

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. 

(a) Single DSL Sentence. All preprison custody and Sage credit shall 
be deducted from the DSL release date including enhancements for arm- 
ing, 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 con- 
secutive crime shall be deducted from the DSL subordinate term com- 
puted under Section 2150(c). 

(2) Preprison Credit Overlaps DSL Principal Term and DSL Subordi- 
nate 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 Overiaps Among Subordinate Terms Only. Pre- 
prison 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 Ballcird(\9^] ) 1 15 Cal.App.3d 647: 
In re Sosu ( 1980) 102 Cal.App.3d 1002; and People v. Scif^e (1980) 26 Cal.3d 498. 
as modified 27 Cal.3d 144a. 

History 
1 . Amendment filed 1 1-1 3-85; effective thirtieth day thereafter (Register 85. No. 
46). 

§ 2345. Excess Credit. 

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. 



Page 71 



Register 2003, No. 25; 6-20-2003 



§2355 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: lii re Sosa (1980) 
102 CaI.App.3d 1002: /;; re Ballard ( 1981 ) 1 15 Cal.App.3d 647. 

Article 9. Release 

§ 2355. General. 

Release on pai'ole is the actual transfer of a prisoner confined in prison 
to parole supervision in tlie community. Actual release on parole for a 
life, nonlife 1 168 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 re- 
leased until the termination of the rescission proceedings. 

§ 2356. Notification of Notice and Conditions of Parole. 

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 
1. Repealer filed 12-22-82 by OAL pursuant to Government Code Section 
1 1349.7(j) (Register 82, No. 52). 

§ 2358. Release Upon Approved Parole Plan (RUAPP). 

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. 

A life or nonlife 1 1 68 prisoner or an ISL prisoner who is to be released 
on his ISL parole date may be released at any lime 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 re- 
lease 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. 

At all hearings the multijurisdiction prisoner shall have the rights enu- 
merated 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 mul- 
tijurisdiction 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; effecUve 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. 

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 be- 
fore the week during which the hearing will be held, unless different pro- 
visions 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 pris- 
oner or parolee shall be notified of the specific date of the hearing. De- 
partment staff shall provide notification of the hearing. 

(b) Attorney. A prisoner shall be entitled to the assistance of a Califor- 
nia 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 docu- 
ments 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 con- 
ducted by the board at the central office calendar through the use of such 
telephone equipment as will permit him to participate in the entire pro- 
ceeding or a hearing conducted in the other jurisdiction by officials of 
that jurisdiction. 

(2) Determination. The prisoner shall receive a telephone hearing un- 
less 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 prison- 
er' s hearing shall not be held for the board by officials of the other juris- 
diction unless the board at the central office calendar has requested and 
received the written consent of the prisoner, unless consent was previous- 
ly 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 re- 
hearing 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 par- 
ticipate 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 speci- 
fied in Section 2249. The department is responsible for establishing pro- 
cedures for the presentation of documents by prisoners located outside 
California. The prisoner is responsible for complying with the depart- 



Page 72 



Register 2003, No. 25; 6-20-2003 



Title 15 



Board of Prison Terms 



§ 2373 



ment procedures and for submitting any documents within a sufficient 
time prior to tiie hearing date so that they may be considered by the panel. 

(g) Impartial Panel. The prisoner shall have the rights specified in Sec- 
tion 2250. 

(h) Assistance. The prisoner shall have the rights specified in Section 
225 1 . The department is responsible for establishing procedures for pro- 
viding a prisoner located outside California with appropriate assistance 
during the hearing. 

(i) Department Representative. The prisoner shall have the rights spe- 
cified 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. 

(1) 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, 1 1 190 and 1 1 193. Penal Code. 

History 

1 . Amendment filed 1 0-27-77 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). 

§ 2368. Prehearing Procedures. 

Upon notification that the board at the central office calendar has or- 
dered a hearing for a multijurisdiction prisoner or parolee, the central of- 
fice hearing coordinator shall assure that the officials of the other juris- 
diction 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 desig- 
nated 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. 

§ 2369. Documentation Hearing. 

At this hearing, the panel shall review the prisoner's activities and con- 
duct 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 tele- 
phone or by videoconferencing. 

NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 1389.7, 
3041,3041.5, 11 190 and 11 193, 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. 

(a) Multijurisdiction Prisoners Located in California. At the hearing 
specified in Section 2268 all multijurisdiction prisoners located in Cali- 
fornia, 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 multijuris- 
diction prisoners the hearing panel shall make one of the following deci- 
sions considering the factors enumerated: 

(1 ) To discharge the California sentence at the minimum eligible pa- 
role date and waive parole when the crime for which the prisoner has 
been committed to the other jurisdiction is more serious than the Califor- 
nia 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 so- 
cial, family or economic ties to California or the panel determines that 
discharge would be inappropriate. 

NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 11 70.2, 
3041, 3041.5 and 3041.7, Penal Code. 

History 

1 . Amendment of section title filed 10-27-77 as an emergency; effective upon fil- 
ing. Certificate of Compliance included (Rcgi.stcr 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 da\ thereaf- 
ter (Register 82, No. 33) 

§ 2371. Progress Hearing: Prisoner Rights. 

(a) Multijurisdiction Prisoners Located in California. At the hearing 
specified in Section 2269, all multijurisdiction prisoners located in Cali- 
fornia 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 secfion title filed 1 0-27-77 as an emergency; effective upon fil- 
ing. Certificate of Compliance included (Register 77. No. 44). 

§ 2372. Subsequent Parole Hearing: Prisoner Rights. 

(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 Secfion 2270, all multijurisdiction prison- 
ers 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 fil- 
ing. Certificate of Compliance included (Register 77. No. 44). 

§ 2373. Nonlife 1168 and ISL Prisoners: Parole 
Consideration Hearing Rights. 

(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 mullijuris- 
dicfion prisoners located outside California shall have the rights speci- 
fied in Secfion 2367. The hearing shall be a telephone hearing. 

(c) Record. The record of any parole consideration hearing shall be a 
tape recording. Unfil July 1 . 1978. for all multijurisdiction ISL prisoners, 
the record shall be a written summary of the hearing prepared at the hear- 
ing by department staff. After July 1 . 1 978. the record shall be a tape re- 
cording. 



Page 73 



Register 2005, No. 25; 6-24-2005 



§2400 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



History 
1 . Repealer of former Seetion 2373 and renumbering of Section 2374 to Section 
2373 filed 6-1 1-79; 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 

§ 2400. Scope of Article. 

The criteria and guidelines in this article apply to prisoners sentenced 
to prison for first and second degree murders committed on or after No- 
vember 8, 1978 and attempted murders where the perpetrator is sen- 
tenced 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 pris- 
oners convicted of attempted murder do not earn these credits. The de- 
partment 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 el- 
igible parole date and the standards for the board's decision whether to 
reduce the period of confinement are different. The department's deci- 
sions 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 pro- 
vided in § 2268. The prisoner will have documentation hearings as pro- 
vided 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 sec- 
tions in Article 5, they are repeated in this article to avoid confusion be- 
tween the rules applicable to prisoners who committed murders on or be- 
fore November 7, 1978 and these rules which apply to prisoners who 
committed murders on or after November 8, 1978, and those who com- 
mitted specified attempted murders. The suitability criteria are the same 
for both groups. The guidelines for establishing the periods of confme- 
ment 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 sen- 
tences 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 II (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 reeulation with the decision of the Supreme 
Court in People v. Briiilil {]996) 12'Cal.4th 652, 49 Cal.Rptr.2d 732. in which 
the court determined that the crime of attempted murder is not divided into de- 
grees, filed 2-16-2001 pursuant to section 100, title 1, California Code of Regu- 
lations (Register 2001 , No. 7). 

6. Amendment of article heading, section and Noth filed 5-13-2004 as an emer- 
gency; operative 5-17-2004 (Register 2004, No. 20). A Certificate of Com- 
pliance must be transmitted to OAL by 9-1 4-2004 or emergency language wil 1 
be repealed by operation of law on the following day. 

7. Amendment of article heading, section and Noth refilled 9-1 3-2004 as an emer- 
gency; operative 9-13-2004 (Register 2004. No. 38). A Certificate of Com- 
pliance must be transmitted to OAL by 1-1 1-2005 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 emer- 
gency; operative 1-11-2005 (Register 2005, No. 1). A Certificate of Com- 
pliance must be transmitted to OAL by 5-1 1 -2005 or emergency language will 
be repealed by operation of law on the following day. 

9. Certificate ofCompliance as to 1-6-2005 order transmitted to OAL 5-1 1-2005 
and filed 6-22-2005 (Register 2005, No. 25). 

§2401. General. 

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 of- 
fenses 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 indi- 
vidual basis. The board may establish a term above or below the guide- 
lines 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 1 1-1 3-85; effective thirtieth day thereafter (Register 85, No. 
46). 

§ 2402. Determination of Suitability. 

(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 dan- 
ger to society if released from prison. 

(b) Information Considered. All relevant, reliable information avail- 
able 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 in- 
volvement in other criminal misconduct which is reliably documented; 
the base and other commitment offenses, including behavior before, dur- 
ing 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 re- 
lease. Circumstances which taken alone may not firmly establish unsuit- 
ability for parole may contribute to a pattern which results in a finding 
of unsuitability. 

(c) Circumstances Tending to Show Unsuitability. The following cir- 
cumstances each tend to indicate unsuitability for release. These circum- 
stances are set forth as general guidelines; the importance attached to any 
circumstance or combination of circumstances in a particular case is left 



Page 74 



Register 2005, No. 25; 6-24-2005 



Title 15 



Board of Prison Terms 



§ 2403 



to the judgment of the panel. Circumstances tending to indicate unsuit- 
ability include: 

( 1 ) Commitment Offense. Tlie prisoner committed the offense in an 
especially heinous, atrocious or cruel manner. The factors to be consid- 
ered 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 man- 
ner, such as an execution-style murder. 

(C) The victim was abused, defiled or mutilated during or after the of- 
fense. 

(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 as- 
saulted 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 mis- 
conduct in prison or jail. 

(d) Circumstances Tending to Show Suitability. The following cir- 
cumstances each tend to show that the prisoner is suitable for release. The 
circumstances are set forth as general guidelines; the importance at- 
tached to any circumstance or combination of circumstances in a particu- 
lar case is left to the judgment of the panel. Circumstances tending to in- 
dicate suitability include: 

( 1 ) No Juvenile Record. The prisoner does not have a record of assault- 
ing 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 indi- 
cate 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 re- 
sult 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 histo- 
ry of violent crime. 

(7) Age. The prisoner's present age reduces the probability of recidi- 
vism. 

(8) Understanding and Plans for Future. The prisoner has made realis- 
tic 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 .'S()76.2. Penal Code. Reference: Sec- 
tions 3041 and 4801, Penal Code. 

History 

1. New subsection (d)(5), subsection renumbering, and amendment of Non. filed 
3-16-2001 as an emergency: operative 3-16-2001 (Register 2001, No. 1 1 ). A 
Certificate of Compliance must be transmitted to OAL by 7-16-2001 or emer- 
gency language will be repealed by operation of law on the following day. 

2. Certificate of Compliance as to 3-16-2001 order transmitted to OAI. 
7-16-2001 and filed 8-20-2001 (Register 2001, No. 34). 

§2403. Base Term. 

(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 com- 
mitted before November 8, 1978 and for murders committed on or after 
November 8, 1978, the base offense shall be the most serious of the mur- 
ders 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 cate- 
gory 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 pro- 
vided 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 par- 
ticular facts of the individual case and if the facts supporting the term im- 
posed are stated. 

(b) Matrix of Base Terms for First Degree Murder committed on or af- 
ter November 8, 1978. 



First Degree Murder 



CIRCUMSTANCES 
A. Indirect 



B. Direct or 
Victim Contribution 



C. Severe Trauma 



D. Torture 



Penal Code § 1 89 (in years and 
does not include post conviction 
credit as provided in § 2410) 



Victim died of causes 
related to the act of 
the prisoner but was not 
directly assaulted by 
prisoner with deadly 
force; e.g., shock producing 
heart attack, a crime partner 
actually did the killing. 



Death was almost immediate 
or resulted at least partially 
from contributing factors 
from the victim; e.g.. victim 
initiated struggle or had goaded 
the prisoner. This does not 
include victim acting in 
defense of self or property. 



Death resulted 
from severe trauma 
inflicted with deadly 
intensity; e.g.. beating, 
clubbing, stabbing, 
strangulation, suffocation, 
burning, multiple 
wounds inflicted 
with a weapon not 
resulting in immediate 
death or actions calculated 
to induce terror in the 
victim. 



Victim was 
subjected to 
the prolonged 
intliction of 
physical pain 
through the use 
of nondeadh 
force prior to 
act resulting in 
death. 



1. Participating Victim 
Victim was accomplice 
or otherwise implicated in a 
criminal act with the prisoner 
during which or as a result of 
which the death occurred, e.g., 
crime partner, drug dealer, etc. 



25-26-27 



26-27-2^ 



27-28-29 



!8-29-3() 



Page 75 



Register 2005, No. 25; 6-24-2005 



§2403 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



First Degree Murder 

II. Prior Relationship 
Victim was involved in a 
personal relationship with 
prisoner (spouse, tainily member, 
friend, etc.) which contributed 

10 the motivation for the act 
resulting in death. If victim 
had a personal relationship but 
prisoner hired and/or paid a 
person to commit the offense, 
see Category IV. 

III. No Prior Relalionsliip 
Victim had little or no personal 
relationship with prisoner or 
motivation for act resulting 

in death was related to the 
accomplishment of another 
crime, e.g., death of victim 
during robber}', rape, or other 
felony. 

IV. Threat to Public Order or 

Murder for Hire 
The act resulting in the victim's 
death constituted a threat to the 
public order including the murder 
of a police officer, correctional 
officer, public official, fellow 
patient or prisoner, any killing 
within an institution, or any killing 
where the prisoner hired and/or paid 
another person to commit the offense. 



A. Indirect 

26-27-28 



B. Direct or 
Victim Contribution 



27-28-29 



C. Severe Trauma 
28-29-30 



D. Torture 
29-.30-31 



27-28-29 



28-29-30 



29-30-31 



30-31-32 



28-29-30 



29-30-31 



30-31-32 



31-32-33 



SUGGESTED BASE TERM 



(c) Matrix of Base Terms for Second Degree Murder committed on or 
after November 8, 1978. 

CIRCUMSTANCES 



Second Degree Murder 

Penal Code § 189 (in years and 
does not include post conviction 
credit as provided in § 2410) 



A. Indirect 

Victim died of causes 
related to the act of 
the prisoner but was not 
directly assaulted by 
prisoner with deadly 
force; e.g., shock producing 
heart attack, a crime partner 
actually did the killing. 



B. Direct or 
Victim Contribution 

Death was almost immediate 
or resulted at least partially 
from contributing factors 
from the victim; e.g., victim 
initiated struggle or had goaded 
the prisoner. This does not 
include victims acting in 
defense of self or property. 



C. Severe Trauma 

Death resulted 
from severe trauma 
inflicted with deadly 
intensity; e.g., beating, 
clubbing, stabbing, 
strangulation, suffocation, 
burning, multiple 
wounds inflicted 
with weapon not 
resulting in immediate 
death or actions calculated 
to induce terror in the victim. 



I. Participating Victim 
Victim was accomplice or 
otherwise implicated in a criminal 
act with the prisoner during which 
or as a result of which the death 
occurred, e.g., crime partner, drug 
dealer, etc. 

II. Prior Relationship 

Victim was involved in a personal 
relationship with prisoner (spouse, 
family member, friend, etc.) which 
contributed to the motivation for the 
act resulting in death. This category 
shall not be utilized if victim had a 
personal relationship but prisoner 
hired and/or paid a person to commit 
the offense. 

III. No Prior Relationship 
Victim had little or no personal 
relationship with prisoner or 
motivation for act resulting in 
death was related to the 
accomplishment of another crime, 
e.g., death of victim during robbery, 
rape, or other felony. 



15-16-17 



16-17-18 



17-18-19 



16-17-18 



17-18-19 



17-18-19 



18-19-20 



SUGGESTED BASE TERM 



18-19-20 



19-20-21 



Page 76 



Register 2005, No. 25; 6-24-2005 



Title 15 



Board of Prison Terms 



§ 2403 



(d) Matrix of Base Terms for Attempted Willful, Deliberate and Pre- 
meditated Murder committed on or after January 1 . 1987. 



Attempted M tinier 

Penal Code !; 664(a) (in years and 
does not include post conviction 
credit as provided in § 24 1 0) 



I. Partiripalini^ Victim 
Victim was accomplice 

or otherwise implicated in a 
criminal act with the prisoner, 
e.g., crime partner, drug dealer, 
etc. 

II. Prior Relationship 
Victim was involved in a 
personal relationship with 
prisoner, e.g., spouse, fainily 
member, friend, etc. which 
contributed to the motivation for 
the attempted murder. If victim 
had a personal relationship but 
prisoner hired and/or paid a 
person to commit the offense, 
use category IV. 

III. No Prior Relationship 
Victim had little or no personal 
relationship with prisoner or the 
motivation for the attempted 
murder was related to the 
accomplishment of another 
crime, e.g., robbery, rape, or 
other felony. 



CIRCUMSTANCES 

A. Minor Injury 

Victim unhai"med or 
received minor injury. 



7-8-9 



B. Victim Assaulted 

Victim assaulted or otherwise 
seriously injured. 



8-9-10 



C. Major Injiiiy 

Victim's major injuries 
required extensive 
treatment or the victim 
was seriously disabled. 



9-10-11 



D. Torture 

Victim was 
subjected to 
prolonged 
infliction of 
physical pain. 

10-11-12 



8-9-10 



9-10-11 



10-11-12 



1M2-1.1 



9-10-11 



10-11-12 



11-12-13 



12-13-14 



10-11-12 



IV. Threat to Public Order 
or Murder for Hire 
The attempted murder constituted a 
threat to the public order, e.g., 
police officer, correctional 
officer, public official, fellow 
patient or prisoner or any 
attempted murder within an institution, 
any attempted murder where the prisoner hired 
and/or paid another person to commit 
the offense. 

SUGGESTED BASE TERM 



11-12-13 



12-13-14 



1 3-14-1. S 



(e) Matrix of Base Terms for Attempted Murder of a Peace Officer or 
Firefighter committed on or after January 1. 1995. 



Attempted Murder 

Penal Code § 664(e) (in years and 
does not include post conviction 
credit as provided in § 2410) 



I. Peace officer or firefighter 
was placed at risk of serious 
injury or death due to the act(s) 
of the prisoner. 

II. The act was committed 
while the prisoner was fleeing 
or was attempting to flee from 
law enforcement officers or the 
manner in which the act was 
committed created a risk of injury 
to others e.g., high speed chase, 
shooting from a moving vehicle, 
fire set in inhabited building. 



CIRCUMSTANCES 

A. Minor Injury 

Victim unharmed or 
received minor injury. 



7-8-9 



B. Victim Assaulted 

Victim assaulted or otherwise 
seriously injured. 



8-9-10 



C. Major Injury 

Victim's major injuries 
required extensive 
treatment or the victim 
was seriously disabled. 



9-10-11 



8-9-10 



9-10-11 



10-11-12 



D. Torture 

Victim was 
subjected to 
prolonged 
infliction of 
physical pain. 

10-11-12 



n-12-13 



Page 76.1 



Register 2005, No. 25; 6-24-2005 



§2404 



BARCLAYS CALIFORNIA CODE OF REGULATIONS 



Title 15 



Attempted Miirder 

III. The act was committed 

in an attempt to preclude discovery 
of a crime coimiiitted by the 
prisoner and/or his/her crime 
pailners. 

IV. The prisoner conunitted 

an act causing a peace officer or 
firefighter to respond and then 
ambushed the peace officer or 
firefiehter. 



A. Minor Injuiy 
9-10-11 



10-11-12 



B. Victim Assaulted 
10-11-12 



11-12-13 



C. Major Injury 
11-12-13 



12-13-14 



D. Torture 
12-13-14 



1.3-14-15 



SUGGESTED BASE TERM 



(f) Matrix of Base Terms for Attempted Willful, Deliberate and Pre- 
meditated Murder of a Peace Officer or Firefighter committed on or after 
January 1. 1998. 



Attempted Murder 

Penal Code § 664(0 (in years and 
does not include post conviction 
credit as provided in § 2410) 



I. Peace officer or firefighter 
was placed at risk of serious 
injury or death due to the act(s) 
of the prisoner. 

II. The act was committed 
while the prisoner was fieeing 
or was attempting to flee from 
law enforcement officers or the 
manner in which the act was 
committed created a risk of injury 
to others, e.g., high speed chase, 
shooting from a moving vehicle, 
fire set in inhabited building. 

III. The act was committed 

in an attempt to preclude discovery 
of a crime committed by the 
prisoner and/or his/her crime 
partners. 

IV. The prisoner committed 

an act causing a peace officer or 
firefighter to respond and then 
ambushed the peace officer or 
firefighter. 



CIRCUMSTANCES 

A. Minor Injun 

Victim unharmed or 
received minor injury. 



15-16-17 



B. Victim Assaulted 

Victim assaulted or otherwise 
seriously injured. 



16-17-18 



16-17-18 



17-18-19 



C. Major Injury 

Victim's major injuries 
required extensive 
treatment or the victim 
was seriously disabled. 

17-18-19 



18-19-20 



D. Torture 

Victim was 
subjected to 
prolonged 
infliction of 
physical pain. 

18-19-20 



19-20-21 



17-18-19 



18-19-20 



18-19-20 



19-20-21 



19-20-21 



20-21-22 



20-21-22 



21-22-23 



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: Secfion 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; effecUve thmieth 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 applica- 
bility 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 
5-1 7-2004 (Register 2004, No. 20). A Certificate of Compliance must be trans- 
mitted to OAL by 9-14-2004 or emergency language will be repealed by opera- 
don of law on the following day. 

5. Amendment of section and Note refiled 9-1 3-2004 as an emergency; operaUve 
9-1 3-2004 (Register 2004, No. 38). A Certificate of Compliance must be trans- 



mitted to OAL by 1-1 1-2005 or emergency language will be repealed by opera- 
tion of law on the following day. 

6. Amendment of section and Note refiled 1-6-2005 as an emergency; operative 
1-1 1-2005 (Register 2005, No. 1). A Certificate of Compliance must be trans- 
mitted to OAL by 5-1 1-2005 or emergency language will be repealed by opera- 
tion 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. 

(a) General. The panel may impose the upper base term or another term 
longer than the middle base term upon a finding of aggravating circum- 
stances. Circumstances in aggravation of the base term include: 

( 1 ) The crime involved some factors described in the appropriate ma- 
trix 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; 



Page 76.2 



Register 2005, No. 25; 6-24-2005 



Title 15 



Board of Prison Terms 



§2407 



• 



{5) The victim was intentionally killed because of his race, color, reli- 
gion, nationality or country or origin; 

(6) During the commission of the crime the prisoner had a clear oppor- 
tunity 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 com- 
pleting that crime; 

(9) The corpse was abused, mutilated or defiled; 

( 1 0) The prisoner went to great lengths to hide the body or to avoid de- 
tection; 

(11) The murder was committed to prevent discovery of another 
crime; 

( 1 2) The murder was committed by a destructive device or explosives; 

(13) There were multiple victims for which the term is not being en- 
hanced 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. 

(a) General. The panel shall impose the lower base term or another 
term shorter than the middle base term upon a finding of mitigating cir- 
cumstances. Circumstances in mitigation of the base term include: 

( 1 ) The crime involved some factors described in the appropriate ma- 
trix 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 cir- 
cumstances 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 commis- 
sion 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 un- 
likely 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 mifigation, including those listed in the 
Sentencing Rules for Superior Courts. 

NOTli; Authority cited: Sections 3041 and 5076.2, Penal Code. Reference: Sec- 
tions 3040. 3041 and 4801, Penal Code. 

History 
1 . New subsection (a)(9), subsection renumbering, and amendment of NOTI-; 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 7-1 6-2001 or emer- 
gency 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. 

(a) General. Effective January 1, 1979, Penal Code Section 669 was 
amended to permit the court to impose enhancements under Penal Code 
Sections 12022, 12022.3. 12022.6 and 667.5 consecutive to a life sen- 
tence (Stats. 1 978, Ch. 579). Since the court has discretion whether to im- 
pose 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 acfion in determining the adjustment under this .section. 

(b) Punishment Imposed by the Court. If the court imposed the consec- 
utive punishment for the enhancement, the board shall not add an addi- 
tional adjustment for using a deadly or dangerous weapon, being armed 
with a firearm, using a firearm, causing great loss in committing the mur- 
der, 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 I'or 
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 fir