■>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
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800-888-3600
Barclays Official California Code Of Regulations
REVISED edition
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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
Page 1
Register 2003, No. 25; 6-20-2003
§103
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(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.
Page 2
Register 2003, No. 25; 6-20-2003
Title 15
Board of Corrections
§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.]
Page 2.1
Register 2003, No. 25; 6-20-2003
Title 15
Board of Corrections
§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.
Page 3
Register 2007, No. 50; 12-14-2007
§174
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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).
Page 4
Register 2007, No. 50; 12-14-2007
Title 15
Board of Corrections
§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.
Page 5
Register 96, No. 27; 7-5-96
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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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(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
Page 10
Register 96, No. 27; 7-5-96
Title 15
Board of Corrections
§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.
Page 11
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§500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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.
Page 12
Register 96, No. 27; 7-5-96
Title 15
Board of Corrections
§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
Register 95, No. 42; 10-20-95
§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.
Page 29
Register 2008, No. 21; 5-23-2008
§1030
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(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
Register 2008, No. 21; 5-23-2008
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-
Page 33
Register 2005, No. 22; 6-3-2005
§1062
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
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).
Page 34
Register 2005, No. 22; 6-3-2005
Title 15
Board of Corrections
§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.
Page 35
Register 2005, No. 22; 6-3-2005
§ 1080
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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.
•
Page 36
Register 2005, No. 22; 6-3-2005
Title 15
Board of Corrections
§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
Register 2005, No. 22; 6-3-2005
§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.
Page 40.1
Register 2008, No. 21; 5-23-2008
§1206
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
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).
Page 40.2
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Title 15
Board of Corrections
§1214
•
•
§ 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
Register 2008, No. 21; 5-23-2008
§1215
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
Page 40.4
Register 2008, No. 21; 5-23-2008
Title 15
Board of Corrections
§1241
•
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-
Page 40.5
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§1242
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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
Page 40.6
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Board of Corrections
§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-
Page 40.7
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§1265
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.
Page 40.8
Register 2008, No. 21; 5-23-2008
Title 15
Board of Corrections
§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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§1302
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
Register 2007, No. 25; 6-22-2007
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
Register 2007, No. 25; 6-22-2007
§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
Register 2007, No. 25; 6-22-2007
Title 15
Board of Corrections
§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
Page 40.17
Register 2008, No. 21; 5-23-2008
§ 1355
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
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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(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.
Page 40.19
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§1362
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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-
Page 40.20
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Title 15
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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).
Page 40.21
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§1377
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 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
Page 40.22
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Title 15
Board of Corrections
§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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§ 1407
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
Register 2008, No. 21; 5-23-2008
Title 15
Board of Corrections
§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
Page 40.25
Register 2008, No. 21; 5-23-2008
§1431
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
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
•
Page 40.28
Register 2008, No. 21; 5-23-2008
Title 15
Board of Corrections
§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
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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
Register 2008, No. 21; 5-23-2008
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)
Register 2008, No. 21; 5-23-2008
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
Page 40 Jl
Register 2007, No. 25; 6-22-2007
§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
Register 2008, No. 29; 7- 18-2008
§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
Register 2008, No. 29; 7-18-2008
Title 15
Board of Corrections
§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
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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
Page 41
Register 2005, No. 25; 6-24-2005
§2000
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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.
Page 42
Register 2005, No. 25; 6-24-2005
Title 15
Board of Prison Terms
§ 2000
(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
Register 2(X)6, No. 28; 7- ]4-2(X)6
§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.
Page 44
Register 2(X)6, No. 28; 7-14-2006
Title 15
Board of Prison Terms
§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
Register 2003, No. 42; 10-17-2003
§ 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.
Page 49
Register 2008, No. 32; 8-8-2(K)H
§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
Register 2005, No. 23; 6- 10-2005
§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;
Page 52
Register 2005, No. 23; 6-10-2005
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 ).
Page 53
Register 2(X)5, No. 23; 6-10-2(m5
§2120
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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).
Page 54
Register 2005, No. 23; 6-10-2005
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.
Page 55
Register 2005, No. 23; 6-10-2005
§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
Register 2005, No. 23; 6-10-2005
Title 15
Board of Prison Terms
§ 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
Register 2005, No. 23; fi-10-2005
§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
Register 2005, No. 23; 6-10-2005
Title 15
Board of Prison Terms
§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
Register 2005, No. 23; 6- 10-2005
§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
Register 2003, No. 25; 6-20-2003
§2271
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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
Register 2008, No. 30; 7-25-2008
§2282
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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
Page 61
Register 2008, No. 30; 7-25-2008
§2283
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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
Register 2008, No. 30; 7-25-2008
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
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§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
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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.
Page 64
Register 2003, No. 25; 6-20-2003
Title 15
Board of Prison Terms
§ 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.
Page 65
Register 2003, No. 25; 6-20-2003
§ 2318
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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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Title 15
Board of Prison Terms
§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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§2325
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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
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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
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§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
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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
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§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 firearm, used a firearm,
caused great loss or served a prior prison term although that fact w as not
found to be true at the time of the prisoner's convicfion, the board may
add an adjustment based on that finding. The adjustment should be less
than the adjustment suggested in subdivision (c) of this section.
In adding adjustments for prior prison terms under this subsection, the
panel should consider the length of rime between the prisoner's release
from custody and commission of a new offense.
NOTE: Authority cited: Section .5076.2. Penal Code. Reference: Sections 669.
3040, 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§ 2407. Adjustments for Other Offenses.
(a) General. Effective January 1 . 1 979 Penal Code Section 669 was
amended to permit the court to impose sentences for other crimes to be
served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the
court has discretion to order that the sentences for more than one crime
be served consecutively, the board shall consider the court's action in de-
termining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for
which the prisoner has been pardoned or which have been reversed by an
appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court im-
posed consecutive life sentences the board shall determine the base crime
and base term as provided in Section 2403(a). The board shall add adjust-
ments for the remaining life crimes. The adjustment for each remaining
hfe crime shall be a period of time commensurate with the nature of the
crime but no less than the period of parole ineligibility for the crime. In
no case will the parole date for consecutive sentences be earlier than the
parole date for concurrent sentences.
(3) Concurrent Life Sentences Imposed by the Court. If the ct)urt im-
posed concurrent life sentences, the board may add an adjustment be-
cause the prisoner has been convicted of more than one crime. The sug-
gested adjustment is the greater of:
(A) Time served on the nonbase life crime prior to reception on the
base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree murder committed
on or after November 8, 1978.
2. Second degree murder; 8 years for a second degree murder com-
mitted on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
Page 76.3
Register 2005, No. 25; 6-24-2005
§2407 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court because the prisoner has been convicted of more than one crime. The sug-
imposed consecutive nonhfe sentences the Board shall not add additional gested adjustment is the greater of:
adjustment for the nonlife crime. (A) Time served for the nonlife crime prior to reception on the life of-
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court fense; or
imposed concurrent nonlife sentences, the board may add an adjustment (B) One-half the determinate term imposed by the court; or
[The next page is 77.]
•
Page 76.4 Register 2005, No. 25; 6-24-2005
Title 15
Board of Prison Terms
§2411
(C) One-half the term that would be established under Section 227 1 (e)
for crimes which carry a sentence of one year and one day.
NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 669,
11 70. 3040 and 3041, Penal Code.
History
1. Amendment of subsection (b)(3)(B) filed 11-13-85; effective thirtieth day
thereafter (Register 85, No. 46).
§ 2408. Circumstances in Aggravation of the Adjustment
for Other Crimes.
Circumstances which may justify imposition of an adjustment for
another crime higher than that suggested in Section 2407 include:
(a) Pattern of Violence. A victiin was seriously injured or killed in the
course of the other crime, or there was a substantial likelihood of serious
injury or death resulting from the acts of the prisoner.
(b) Numerous Crimes. The other crime was one of a series of criines
which occurred during a single period of time, showing a pattern of simi-
lar conduct resulting in convictions, but not resulting in adjustments un-
der Section 2407.
(c) Crimes of Increasing Seriousness. The prisoner has committed
multiple crimes which indicate a significant pattern of increasingly seri-
ous criminal conduct.
(d) Independent Criminal Activity. The other crime and its objective
were independent of the base crime or the other crime was committed at
a different time and place, indicating a significant pattern of criminal 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.
(f) Vulnerability. The victim was particularly vulnerable.
(g) Other. The other crime included any other circumstances in aggra-
vation including those listed in the Sentencing Rules for the Superior
Courts.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 669,
11 70. 3040 and 3041, Penal Code: Sentencing Rules for the Superior Courts.
§ 2409. Circumstances in Mitigation of the Adjustment for
Other Crimes.
Circumstances which may justify imposition of an adjustment for
another crime lower than that suggested in Section 2407, or which may
justify no adjustment, include:
(a) Successful Completion of Probation or Parole. The prisoner's per-
formance on probation or parole for the other crime was good, and the
prisoner was free of criminal convictions for a reasonable period of time
following completion of probation or parole.
(b) Insignificant Prior Record. The other crime indicates an insignifi-
cant pattern of prior criminal behavior. For example, the other crime is
unrelated to the principal offense in time, in the kind of criminal conduct
involved, or in the apparent motivation or cause of the criminal conduct.
(c) Probation. The prisoner was granted probation after conviction of
the other crime.
(d) Other. The other crime included any other circumstances in mitiga-
tion including those listed in the Sentencing Rules for the Superior
Courts.
NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 669,
1 170, 3040 and 3041, Penal Code: Sentencing Rules for the Superior Courts.
§ 2410. Postconviction Credit.
(a) General. Life prisoners may earn postconviction credit for each
year spent in state prison from the date the life term starts. Prior to the ini-
tial parole consideration hearing life prisoners shall have documentation
hearings as provided in Section 2269.1. At the documentation hearings,
the board shall document the prisoner's performance, participation, be-
havior and other conduct as specified in subsection (c) of this section.
Credit shall not be granted or denied at these hearings. The documenta-
tion shall be used by the panel which establishes a parole date to deter-
mine how much, if any, credit should be granted for the years served prior
to the establishment of the parole date. Once a parole date is established,
postconviction credit for time served since the last hearing shall be con-
sidered at the progress hearings scheduled as provided in Section 2269.
The board shall consider each case individually in determining the
amount of credit. This section provides guidelines for granting credit but
a panel may grant more or less credit as appropriate.
(b) Amount of Credit. Postconviction credit shall be granted to life
prisoners in a manner which allows similar amounts of time to prisoners
in similar circumstances. The suggested amount of postconviction credit
is zero to 4 months for each year served since the date the life term started
excluding any time during which service of the life term is tolled.
The board may grant more or less than 4 months annual postconviction
credit when the prisoner's performance, participation or behavior war-
rants such adjustment of credit. Less than 4 months credit may be granted
if the prisoner fails to meet the general expectations set forth in Section
2410(c). More than 4 months credit may be granted if the prisoner dem-
onstrates exceptional performance in a work assignment, exceptional
participation in self-help or rehabilitative prograins. or other exemplary
conduct. If the panel grants more than 4 months of postconviction credit
for any year, the case shall be reviewed as provided in Sections
2041-2043.
Provided, however, postconviction credits which would ad\ ance the
parole release date to less than 1 80 days from the date of the hearing shall
not be granted unless or until the parole review authority of the Governor
is exercised pursuant to Penal Code sect ion 3041.1.
(c) Criteria. In determining the amount of postconviction credit to be
granted, the panel shall consider the following:
( 1 ) Performance in Institutional Work Assignments. All life prisoners
are presumed to work and to perform satisfactorily in work assignments
(see CDC Rules 3040 and 3041). Lack of a work assignment shall not
necessarily prevent the granting of postconviction credit. The panel shall
consider the nature and availability of work assignments at the institu-
tion, the prisoner's custody status, and any other impediments to the pris-
oner's receiving work assignment.
(2) Participation in Self-Help and Rehabilitative Programs. All life
prisoners are presumed to participate in programs for self development
(refer to CDC Rules 3040 and 3041 ). Lack of program participation shall
not necessarily prevent the granting of postconviction credit. The panel
shall consider the nature and availability of programs at the institution,
the prisoner' s custody status, and any other impediments to the prisoner's
participation in programs.
(3) Behavior in the Institutional Setting. All life prisoners are 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 (as defined in
15 CCR Secfion 3315) or numerous (more than three) infractions of de-
partmental regulations, violates any state law, or engages in other con-
duct which could result in rescission of a parole date (see Section 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, consis-
tent failure to engage in program participation, or consistent overall neg-
ative behavior demonstrated by nuinerous minor disciplinary reports
may, individually or cumulatively, justify the withholding of annual
postconviction credit which otherwise could have been granted.
(e) Change in Parole Date. Once postconviction credit is granted for
particular year of imprisonment, the credit shall be applied to any new
term established after rescission or reconviction after a reversal.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3040 and 3041, Penal Code. In re Stciiiley, 54 Cal.App.3d 1030 (1976).
History
1. Amendment of subsection (d) and Ncm-. filed 8-15-91; operative 9 16 91
(Register 91, No. 51).
2. Amendment of subsections (b) and (c)(2) tiled 12-20-93; operative 1-19 94
(Register 93, No. 52).
§ 241 1 . Fixing a Parole Date.
(a) Total Period of Confinement. The terms established for the base
crime and any adjustments shall be added together resulting in a total pe-
Page 77
Register 98, No. 42; 10-16-9S
§2420
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
riod of confinement. The total period of confinement shall be reduced by
any postconviction credit granted under Section 2410. Tliis results in the
adjusted period of confinement.
(b) Period of Prison Confinement. Any preprison credit shall be de-
ducted from the total period of confinement as provided in Sections
2341-2345. This results in the total period of prison confinement. The
total period of prison confinement shall be reduced by any postconvic-
tion credit granted under Section 2410. This results in the adjusted period
of prison confinement.
(c) Release Date. The adjusted period of prison confinement and any
time at large shall be added to the date the life term starts. This results in
the parole date. For purposes of determining the parole date, the life terms
starts on:
(1) Consecutive Life Sentences. The date the prisoner was received
under Penal Code Section 2900 or 1203.2a for the earliest life sentence
if the prisoner is sentenced to prison with consecutive life sentences.
(2) Concurrent Life Sentences. The date the prisoner was received un-
der Penal Code Section 2900 or 1 203.2a for the earliest life sentence used
in calculating the parole date if the prisoner is sentenced to prison with
concurrent life sentences.
(3) Consecutive Nonlife Sentences for Crimes or Enhancements. The
date the prisoner completed serving the nonlife sentence or the sentence
for the consecutive enhancement under Penal Code Section 669 if the
prisoner is sentenced to prison with nonlife sentences which are consecu-
tive to life sentence or with court imposed consecutive enhancements.
(4) Concurrent Nonlife Sentences. The date the prisoner was received
for the life crime under Penal Code SecUon 2900 or 1 203.2a, if the prison-
er is sentenced to prison with nonlife sentences which are concurrent to
the life sentences. If the panel added any adjustments for the nonlife
crimes and the prisoner was received for those crimes prior to the date he
was received for the life crime, the time served for those nonlife crimes
prior to the date the life term starts shall be deducted from the adjustment
for the nonlife crime.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 669,
1203.2a and 2900, Penal Code.
History
1. Amendment of .subsection (b) filed 1 1-13-85; effective thirtieth day thereafter
(Register 85, No. 46).
Article 12. Parole Consideration Criteria
and Guidelines for Habitual Offenders
Sentenced to Life Terms Under Penal Code
Section 667.7
§ 2420. Scope of Article.
The criteria and guidelines in this arficle shall apply to prisoners sen-
tenced to a term of 20 years to life as habitual offenders under Penal Code
Section 667.7 for crimes committed on or after January 1, 1982. The
guidelines in this article shall be construed to be based on the public's ex-
pressed intent in adding Section 667.7 to the Penal Code that a person
convicted of a felony in which the person inflicts great bodily injury or
who personally uses force likely to produce great bodily injury, and who
has served two or more prior prison terms for specified crimes should be
incarcerated for an extended period of time.
The general statement in Section 2400 regarding the differences be-
tween the minimum eligible parole date and the parole release date shall
be complied with as if incorporated herein.
A prisoner committed as a habitual offender shall have his inifial pa-
role consideration hearing in the thirteenth month prior to the minimum
eligible parole date. The prisoner shall have documentation hearings as
provided in Secfion 2269.1, but no specific amount of postconvicUon
credit shall be granted until the board has established a period of confine-
ment.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7,
2930-2933, 3040 and 3041, Penal Code.
History
1. New Article 12 (Sections 2420-2429.1) filed 6-14-84; effective thirtieth day
thereafter (Register 84, No. 24).
§2421. General.
A habitual offender shall be considered for parole for the first time at
the initial parole consideration hearing. A parole date shall be denied if
the prisoner is found unsuitable for parole under Secfion 2422(c). A pa-
role date shall be set if the prisoner is found suitable for parole under Sec-
lion 2422(d). A parole date set under this article shall be set in a manner
that provides uniforin terms for offenses of similar gravity and magni-
tude 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 arficle for determining suitability for parole
and the setting of parole dates, the circumstances of the crimes for which
the prisoner was sentenced, and any circumstances in aggravation or mil -
igafion.
In setfing the base period of confinement, the panel shall consider the
circumstances of the current and prior offenses resulting in the convic-
tion as a habitual offender, including the number of prior prison terms for
specified crimes and the extent of injury to the victim of the current of-
fense. The panel may then make adjustments to the base period of con-
finement for other factors.
The circumstances tending to show suitability and unsuitability, and
the circumstances in aggravafion and mifigafion contained in this arficle
shall be construed as guidelines only. The panel may make findings out-
side the guidelines when warranted in the individual case and reasons are
stated on the record.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7,
3040 and 3041, Penal Code.
§ 2422. Determination of Suitability.
(a) General. The panel shall first determine whether the prisoner is
suitable for release on parole. Regardless of the length of time served, a
prisoner shall be found unsuitable for and denied parole if in the judg-
ment of the panel the prisoner will pose an unreasonable risk of danger
to society if released from prison.
(b) Information Considered. At all parole considerafion hearings for
habitual offenders the panel shall consider the informafion described in
Secfion 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel shall
consider those circumstances listed in Secfion 2281(c) which the panel
finds are appropriate to the case of a habitual offender. The panel may
make other findings when warranted by the circumstances of an individ-
ual case and reasons are stated in the record.
(d) Circumstances Tending to Show Suitability. The panel shall con-
sider those circumstances listed in Secfion 2281(d) which the panel finds
are appropriate to the case of a habitual offender. The panel may make
other findings when warranted by the circumstances of an individual case
and reasons are stated in the record.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7
and 3041, Penal Code.
§ 2423. Base Term.
(a) General. The panel shall set a base term for each habitual offender
who is found suitable for parole. The base term shall be established based
on the circumstances of the series of prior and current offenses which re-
sulted in convicfion as a habihial offender, considered as a whole.
The base term shall be established by utilizing the appropriate matrix
of base terms provided in this section. The panel shall determine the cate-
gory most closely related to the circumstances of the most serious of the
series of prior and current offenses which resulted in commitment as an
habitual offender. The panel shall impose the middle base term reflected
in the matrix unless the panel finds circumstances in aggravation or miti-
gation.
If the panel finds circumstances in aggravafion or in mitigation as pro-
vided in Secfions 2424 or 2425, the panel may impose the upper or lower
base term provided in the matrix by stating the specific reason for impos-
ing such a term. A base term other than the upper, middle, or lower base
Page 78
Register 98, No. 42; 10-16-98
Title 15
Board of Prison Terms
§ 2424
term provided in the matrix may be imposed by the panel if justified by
the particular facts of the individual case and if the facts supporting the
term imposed are stated.
(b) Matrix of base terms i"or prisoners sentenced to terms of 20 years
to life as habitual offenders under Penal Code Section 667.7 for crimes
committed on or after January 1, 1982.
CIRCUMSTANCES
HABITUAL
OFP'HNDKRS
Penal Code J5 667.7
(in years and docs not
include po.stconvictiein
credit as provided for in
§ 2410)
Crime included a
single victim who
did not require
extensive medical
treatment or prisoner
was a passive partic-
ipant or played a mi-
nor role in the crime.
Crime involved multi-
ple victims or there
were multiple injuries
inflicted on the same
or different victims.
C. Victim was tortured or
suffered loss of bodily
member or organ, or
duration of offense
was lengthy and pris-
oner had an opportuni-
ty to cease but instead
continued.
D. Crime involved intricate
planning or there exists
facts which indicate the
crime was committed in
a manner which dem-
on.strales an exception-
ally callous disregard
for human suffering.
I.
Contributing Victim
While not an accomplice,
victim was involved in
criminal activity which
contributed to the moti-
vation for the crime, i.e.,
drug dealer, sex offender,
etc.
20-22-24
21-23-23
22-24-26
23-25 27
II.
Prior relationship
Victim was involved in a
prior relationship with
prisoner (spouse, family
member, friend, etc.)
which contributed to the
motivation for the crime.
III.
Vulnerable victim
Victim was particularly
vulnerable due to age or
physical or mental condi-
tion.
21-23-25
22-24-26
23-25-27
24-26-28
22-24-26
23-25-27
24-26-28
25-27-29
IV.
Injury to victim
Victim suffered fatal in-
jury, required extensive
medical treatment, or
was permanently dis-
abled as result of the
crime.
23-25-27
24-26-28
25-27-29
26-28-30
SUGGESTED BASE TERMS
NOTH: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 667.7 and 3041, Penal Code.
History
1. Amendment of section and NoTi; filed 3-15-93; operative 4-14-93 (Register
93, No. 12).
2. Editorial correction adding subsection (b) and matrix (Register 93, No. 17).
5} 2424, Circumstances in Aggravation of the Base Term.
Circumstances in aggravation of the base term include but are not lim-
ited to:
(a) Criminal History.
( 1 ) The current offense or offenses and the offenses underlying the
prior prison terms are violent offenses as defined in Penal Code Section
667.5(c).
(2) The current offense or offenses and the offenses underlying the
prior prison terms were committed within a relatively short time after re-
lease on parole.
(3) The prisoner has been convicted of other offenses during the peri-
ods between the commission of the current offense and the offenses un-
derlying the prior prison terms.
(4) The prisoner has served more than two prior prison terms for of-
fenses listed in Penal Code Section 667.7.
(b) Circumstances of Offenses.
( 1 ) The current offense or offenses resulted in greater injury to one or
more victims than is required for a finding under Penal Code Section
12022.7.
(2) The current offense or offenses or the offenses underlying the prior
prison terms resulted in death to one or more victims.
(3) The circumstances of the current offense or offenses and the of-
fenses underlying the prior prison terms indicate the prisoner preys on
victims who are particularly vulnerable, or who occupy a position of trust
in relation to the prisoner.
Page 79
Register 98, No. 42; 10-16-9H
§2425
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) The circumstances oi' the current offense or offenses and the of-
fenses underlying the prior prison terms indicate a pattern of the commis-
sion of similar violent crimes; i.e., conviction for three or more sexual of-
fenses, or three or more offenses involving use of a firearm.
(c) The Circumstances in Aggravation enumerated in Sections 2283,
except subdivision (a)( 1 ), and 2404, as appropriate to the case of a habitu-
al offender.
(d) Any other circumstances in aggravation including those listed in
the Sentencing Rules for the Superior Courts.
NOTE: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.7.
3040 and 3041. Penal Code.
§ 2425. Circumstances in Mitigation of Base Term.
Circumstances in mitigation include but are not limited to:
(a) Criminal History.
( 1 ) The current offense or offenses and the offenses underlying the
prior prison terms are non-violent offenses not listed in Penal Code Sec-
tion 667.5(c).
(2) There is a relatively long period of crime-free conduct, including
successful completion of parole, between commission of the offenses re-
sulting in commitment as a habitual offender.
(3) The prisoner has no other convictions for violent crimes as defined
in Penal Code Section 667.5(c) other than those resulting in commitment
as a habitual offender.
(b) Circumstances of Offenses.
(1) The great bodily injury to the victim in the current offense was no
greater than that required for a finding under Penal Code Section
12022.7, and the prisoner did not personally inflict injury on any other
victim of any offense of which he has previously been convicted.
(2) The current offense or offenses did not involve use of a firearm, and
the offenses underlying the prior prison terms did not involve use of a
firearm, or arming or use of a deadly or dangerous weapon.
(c) The Circumstances in Mitigation enumerated in Sections 2284, ex-
cept subdivision (a)( 1 ), and 2405, as appropriate to the case of a habitual
offender.
(d) Any other circumstances in mitigation including those listed in the
Sentencing Rules for the Superior Courts.
NOTE: Authority cited: 5076.2, Penal Code. Reference: Sections 667.7, 3040 and
3041, Penal Code.
§ 2426. Adjustment for Weapons, Great Loss, Great Bodily
Injury and Prior Prison Terms.
(a) The panel shall consider the addition of adjustments for weapons,
great loss, and prior prison terms as provided in Section 2406.
(b) The panel shall consider the addition of an adjustment for great
bodily injury using the guidelines as provided in Section 2406 for the ad-
dition of adjustments for weapons, great loss, and prior prison terms.
(c) The panel shall not add adjustments for prior prison terms or find-
ings of great bodily injury which resulted in the commitment as a habitual
offender.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.5,
667.7, 3040. 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§ 2427. Adjustments for Other Offenses.
(a) General. Effective January 1, 1979, Penal Code Section 669 was
amended to permit the court to impose sentences for other crimes to be
served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the
court has discretion to order that the sentences for more than one crime
be served consecutively, the board shall consider the court' s action in de-
termining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for
which the prisoner has been pardoned or which have been reversed by an
appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court im-
posed consecutive life sentences the board shall determine the base crime
and base term. The board shall add adjustments for the remaining life
crimes. The adjustment for each remaining life crime shall be a period of
tiiTie commensurate with the nature of the crime but no less than the peri-
od of parole ineligibility for the criine. In no case will the parole date for
consecutive sentences be earlier than the parole date for concurrent sen-
tences.
(3) Concurrent Life Sentences Imposed by the Court. If the court im-
posed concurrent life sentences, the board may add an adjustment be-
cause the prisoner has been convicted of inore than one crime. The sug-
gested adjustment is the greater of:
(A) Time served on the nonbase lilie crime prior to reception on the
base offense; or
(B) The following adjustment:
1 . First degree murder: 1 3 years for a first degree murder committed
on or after November 8, 1978.
2. Second degree murder: 8 years for a second degree murder com-
mitted on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court
imposed consecutive nonlife sentences the board shall not add additional
adjustments for the nonlife crimes.
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court
imposed concurrent nonlife sentences, the board may add an adjustment
because the prisoner has been convicted of more than one crime. The sug-
gested adjustment is the greater of:
(A) Time served for the nonlife crime prior to reception on the life of-
fense; or
(B) One-half the determinate term imposed by the court; or
(C) One-half the term that would be established under Section 227 1
for crimes which carry a sentence of a year and a day.
NOTE: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.7,
669, 1170, 3040 and 3041, Penal Code.
§ 2428. Circumstances in Aggravation and Mitigation of
the Adjustment for Other Crimes.
(a) Circumstances in Aggravation. Circumstances which may justify
imposition of an adjustment for another crime higher than that suggested
in Section 2427 include:
(1) Pattern of Violence. A victim was seriously injured or killed in the
course of the other crime, or there was a substantial likelihood of serious
injury or death resulting from the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series of crimes
which occurred during a single period of time, showing a pattern of simi-
lar conduct resulting in convictions but not resulting in adjustments un-
der Section 2427.
(3) The prisoner has committed multiple crimes which indicate a sig-
nificant pattern of increasingly serious criminal conduct.
(4) Independent Criminal Activity. The other crime and its objective
were independent of the base crime or the other crime was committed at
a different time and place.
(5) Status. The prisoner was on probation or parole or had escaped
from custody when the other crime was committed.
(6) Vulnerability. The victiin was particularly vulnerable.
(7) Other. The other crime included any other circumstances in aggra-
vation including those listed in the Sentencing Rules for the Superior
Courts.
(b) Circumstances in Mitigation. Circumstances which may justify
imposition of an adjustment for another crime lower than that suggested
in Section 2427, or which may justify no adjustment, include:
( 1 ) Successful Completion of Probation or Parole. The prisoner's per-
formance on probation or parole for the other crime was good, and the
prisoner was free of criminal convictions for a reasonable period of time
following completion of probation or parole.
(2) Probation. The prisoner was granted probation after conviction of
the other crime.
(3) Other. The other crime included any other circumstances in mitiga-
tion including those listed in the Sentencing Rules for the Superior
Courts.
Page 80
Register 98, No. 42; 10-16-
Title 15
Board of Prison Terms
§ 2434
NOTi;: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7,
669, 1 170, 3040 and 3041, Penal Code; and Sentencing Rules lor the Superior
Couils.
§ 2429. Postconviction Credit.
The application of postconviction credit shall be considered as pro-
vided in Section 2410.
NOTtv. Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.7,
3040 and 3041, Penal Code; /;; re Stanley. 54 Cal.App.3d 1030 (1976).
§ 2429.1. Fixing a Parole Date.
The parole date shall be determined as provided in Section 24 11.
NOTH: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.7,
669, 1203.2a and 2900, Penal Code.
Article 13. Parole Consideration Criteria
and Guidelines for Sex Offenders Sentenced
to Life Terms Under Penal Code Section
667.51
§ 2430. Scope of Article.
The criteria and guidelines in this article shall apply to prisoners sen-
tenced to a term of 1 5 years to life under Penal Code Section 667.5 1 . The
guidelines in this article shall be construed as based on the public's ex-
pressed intent in adding Section 667.5 1 to the Penal Code that a person
convicted of lewd or lascivious acts committed against a child under the
age of 14, and who has served two or more prior prison terms for speci-
fied sex crimes should be incarcerated for an extended period of time.
The general statement in Section 2400 regarding the differences be-
tween the minimum eligible parole date and the parole release date shall
be construed as if incorporated herein.
A person committed under Penal Code Section 667.51 shall have his
initial parole consideration hearing in the thirteenth month prior to the
minimum eligible parole date. The prisoner shall have documentation
hearings as provided in Section 2269. 1. but no specific amount of post-
conviction credit shall be granted until the board has established a period
of confinement.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.5 1 ,
667.7, 2930-2933, 3040 and 3041, Penal Code.
History
1. New Article 13 (Sections 2430-2439.1) filed 6-14-84; effective thirtieth day
thereafter (Register 84, No. 24).
§2431. General.
A sex offender shall be considered for parole for the first time at the
initial parole consideration hearing. A parole date shall be denied if the
prisoner is found unsuitable for parole under Section 2432(c). A parole
date shall be set if the prisoner is found suitable for parole under Section
2432(d). A parole date set under this article shall be set in a manner that
provides uniform terms for offenses of similar gravity and magnitude
with respect to the threat to the public.
In setting a parole date the panel shall consider the Sentencing Rules
for the Superior Courts. The panel shall also consider the criteria and
guidelines set forth in this article for determining suitability for parole
and the setting of parole dates, the circumstances of the crimes for vv'hich
the prisoner was sentenced and any circumstances in aggravation or miti-
gation.
In setting abase period of confinement, the panel shall consider the cir-
cumstances of the current and prior offenses resulting in conviction un-
der Penal Code Section 667.51.
The circumstances tending to show suitability and unsuitability, and
the circumstances in aggravation and mitigation contained in this article
shall be construed as guidelines only. The panel may make findings out-
side the guidelines when warranted in the individual case and reasons are
stated on the record.
NoTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51,
3040 and 3041, Penal Code.
§ 2432. Determination of Suitability.
(a) General. The panel shall first determine whether the prisoner is
suitable for release on parole. Regardless of the length of time served, a
prisoner shall be found unsuitable for and denied parole if in the judge-
ment of the panel the prisoner will pose an unreasonable risk of danger
to society if released from prison.
(b) Information Considered. At all parole consideration hearings for
sex offenders the panel shall consider the information described in Sec-
tion 2281(b).
(c) Circumstances Tending to Show Unsuitability. The panel shall
consider those circumstances listed in Section 2281(c) which the panel
finds are appropriate to the case of a sex offender. The panel may make
other findings when warranted by the circumstances of an individual case
and reasons are stated in the record.
(d) CircuiTistances Tending to Show Suitability. The panel shall con-
sider those circumstances listed in Section 228 lid) which the panel finds
are appropriate to the case of a sex offender. The panel may make other
findings when warranted by the circum.stances of an individual case and
reasons are stated in the record.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51
and 3041, Penal Code.
§ 2433. Base Term.
(a) General. The panel shall set a base term for each sex offender who
is found suitable for parole. The base term shall be established based on
the circumstances of the series of prior and current offenses which re-
sulted in conviction as a sex offender, considered as a whole. The panel
shall set a base term which it finds to be appropriate in an individual case
after considerafion of the Circumstances in Aggravation listed in Section
2434 and the Circumstances in Mitigation listed in Section 2435. and any
other circumstances which appear to be important in the judgment of the
panel.
NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51
and 3041, Penal Code.
§ 2434. Circumstances in Aggravation of the Base Term.
Circumstances in aggravation of the base term include:
(a) Criminal History.
(1) The current offense or offenses and the offenses underlying the
prior prison terms are violent offenses as defined in Penal Code Section
667.5(c).
(2) The current offense or offenses and the offenses underlying the
prior prison terms were committed within a relatively short time of each
other.
(3) The prisoner has been convicted of offenses, misdemeanors or fe-
lonies, involving sexually aberrant behavior other than those resulting in
the life sentence under Penal Code Section 667.51.
(4) The prisoner has served more than two prior prison terms for of-
fenses listed in Penal Code Section 667.51.
(5) The current or prior commitments to state prison resulted from
multiple convictions for sex and sex-related offenses.
(b) Circumstances of Offenses.
( 1 ) The current offense or offenses or the offenses underlying the prior
prison terms resulted in physical or psychological injury to the \ ictim be-
yond that occasioned by the sex act.
(2) The current offense or offenses or the offenses underlying the prior
prison terms involved arming or use of a firearm or deadly or dangerous
weapon.
(3) The current offense or offenses and the offenses underlying the
prior prison terms establish a pattern of sexual crimes against children.
(4) The circumstances of the current offense or offenses and the of-
fenses underlying the prior prison terms indicate the prisoner preys on
vicUms who are particularly vulnerable resulting from factors other than
the age or sex of the victim, and/or who occupy a position of trust in rela-
tion to the prisoner.
Page 81
Register 98, No. 42; l()-lfi-98
§ 2435
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(c) The Circumstances in Aggravation listed in Sections 2283. except
subdivision (a)( 1 ), and 2404. as appropriate to the case of a habitual sex
offender.
(d) Any other circumstances in aggravation including those listed in
the Sentencing Rules for the Superior Courts.
NOTI-; Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51.
3040 and 3041, Penal Code.
§ 2435. Circumstances in Mitigation of the Base Term.
Circumstances in mitigation of the base term include:
(a) Criminal History.
( 1 ) The offenses underlying the prior prison terms were for non-viol-
ent offenses not listed in Penal Code Section 667.5(c).
(2) The prisoner has no other convictions for sex or sex-related of-
fenses other than those resulting in commitment under Penal Code Sec-
tion 667.51.
(3) The current and previous commitments resulted from a single sex
offense committed against a single victim.
(b) Circumstances of Offense.
( 1 ) The current offense or offenses and the offenses underlying the
prior prison terms resulted in no physical or psychological injury to any
victim beyond that directly resulting from the sex act.
(2) The current offense or offenses and the offenses underlying the
prior prison terms did not involve arming or use of a firearm or deadly
or dangerous weapon.
(3) The commission of the offenses resulting in commitment under Pe-
nal Code Section 667.51 appear to have resulted from a psychological
condition for wliich the prisoner has voluntarily and continuously sought
treatment.
(c) The Circumstances in Mitigation listed in Sections 2284, except
(a)(r), and 2405, as appropriate to the case of a habitual sex offender.
(d) Any other circumstances in mitigation including those listed in the
Sentencing Rules for the Superior Courts.
NOTI:: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51,
3040 and 3041. Penal Code.
§ 2436. Adjustment for Weapons, Great Loss, Great Bodily
Injury and Prior Prison Terms.
(a) The panel shall consider the addition of adjustments for weapons,
great loss, and prior prison terms as provided in Section 2406.
(b) The panel shall consider the addition of an adjustment for great
bodily injury using the guidelines as provided in Section 2406 for the ad-
dition of adjustments for weapons, great loss and prior prison terms.
(c) The panel shall not consider adjustments for prior prison terms
which resulted in the commitment as a sex offender.
NOTI:: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.5.
667.51, 3040, 3041, 12022, 12022.5, 12022.6 and 12022.7, Penal Code.
§ 2437. Adjustments for Other Offenses.
(a) General. Effective January 1, 1979, Penal Code Section 669 was
amended to permit the court to impose sentences for other crimes to be
served consecutively to a life sentence (Stats. 1978, Ch. 579). Since the
court has discretion to order that the sentences for more than one crime
be served consecutively, the board shall consider the court's action in de-
termining the adjustment pursuant to this section.
(b) Multiple Convictions.
(1) General. The board shall not add adjustments for convictions for
which the prisoner has been pardoned or which have been reversed by an
appellate court.
(2) Consecutive Life Sentences Imposed by the Court. If the court im-
posed consecutive life sentences the board shall determine the base crime
and base term. The board shall add adjustments for the remaining life
crimes. The adjustment for each remaining life crime shall be a period of
time commensurate with the nature of the crime but no less than the peri-
od of parole ineligibility for the crime. In no case will the parole date for
consecutive sentences be earlier than the parole date for concurrent sen-
tences.
(3) Concurrent Life Sentences Imposed by the Court. If the court im-
posed concurrent life sentences, the board may add an adjustment be-
cause the prisoner has been convicted of more than one crime. The sug-
gested adjustment is the greater of:
(A) Time served on the nonbase life crime prior to reception on the
base offense; or
(B) The following adjustment:
1. First degree murder: 13 years for a first degree murder committed
on or after November 8. 1 978.
2. Second degree murder: 8 years for a second degree murder com-
mitted on or after November 8, 1978.
3. One-half the period of parole ineligibility for other life crimes.
(4) Consecutive Nonlife Sentences Imposed by the Court. If the court
imposed consecutive nonhfe sentences the board shall not add additional
adjustments for the nonlife crimes.
(5) Concurrent Nonlife Sentences Imposed by the Court. If the court
imposed concurrent nonlife sentences, the board may add an adjustment
because the prisoner has been convicted of more than one crime. The sug-
gested adjustment is the greater of:
(A) Time served for the nonlife crime prior to reception on the life of-
fense; or
(B) One-half the determinate term imposed by the court; or
(C) One-half the term that would be established under Section 227 1
for crimes which carry a sentence of a year and a day.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51.
669. 1 170. 3040 and 3041. Penal Code.
§ 2438. Circumstances in Aggravation and Mitigation of
the Adjustment for Other Crimes.
(a) Circumstances in Aggravation. Circumstances which may justify
imposition of an adjustment for another crime higher than that suggested
in Section 2437 include:
(1) Pattern of Violence. A victim was seriously injured or killed in the
course of the other crime, or there was a substantial likelihood of serious
injury or death resulting from the acts of the prisoner.
(2) Numerous Crimes. The other crime was one of a series of crimes
which occurred during a single period of time, showing a pattern of simi-
lar conduct resulting in convictions but not resulting in adjustments un-
der Section 2437.
(3) The prisoner has committed multiple crimes which indicate a sig-
nificant pattern of increasingly serious criminal conduct.
(4) Independent Criminal Activity. The other crime and its objective
were independent of the base crime or the other crime was committed at
a different time and place.
(5) Status. The prisoner was on probation or parole or had escaped
from custody when the other crime was committed.
(6) Other. The other crime included any other circumstances in aggra-
vation including those listed in the Sentencing Rules for the Superior
Courts.
(b) Circumstances in Mitigation. Circumstances which may justify
imposition of an adjustment for another crime lower than that suggested
in Section 2437, or which may justify no adjustment, include:
( 1 ) Successful Completion of Probation or Parole. The prisoner' s per-
formance on probation or parole for the other crime was good, and the
prisoner was free of criminal convictions for a reasonable period of time
following completion of probation or parole.
(2) Probation. The prisoner was granted probation after conviction of
the other crime.
(3) Other. The other crime included any other circumstances in mitiga-
tion including those listed in the Sentencing Rules for the Superior
Courts.
NOTE: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.51,
669, 1170, 3040 and 3041, Penal Code; and Sentencing Rules for the Superior
Courts.
§ 2439. Postconviction Credit.
The application of postconviction credit shall be considered as pro-
vided in Section 2410.
Page 82
Register 98, No. 42; 10-16-98
Title 15
Board of Prison Terms
§ 2454
•
NOTI:: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51,
3040 and 3041, Penal Code; //; re Stanley. 54 Cal.App.3d ( 1976).
The parole date shall be determined as provided in Section 241 1.
NOTI-: Authority cited: Section 5076.2. Penal Code. Reference: Sections 667.51,
669, 1203.2a and 2900, Penal Code.
§ 2439.1 . Fixing a Parole Date.
The parole dale shall be determined as provided in Section 241 1.
NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections 667.51,
669, 1203.2a and 2900, Penal Code.
Chapter 4.
Postponement or Rescission of
Release
Article 1. initiating Proceedings
§ 2450. General.
The ISL parole date of an ISL prisoner or the parole date of a life or
non-life 1 1 68 prisoner may be postponed or rescinded for good cause at
a rescission hearing. Rescission proceedings refer to any proceedings
which may result in the postponement or rescission of a release date.
NOTI-: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3041, 3041.5 and 3041.7, Penal Code.
History
1. Amendment of section and new Note filed 1-13-2000; operative 2-12-2000
(Register2000, No. 2).
§ 2451. Reportable Information.
Department staff shall report to the Board at the central office calendar
conduct which may result in rescission proceedings. The Board shall de-
termine whether to initiate rescission proceedings. Examples of conduct
which must be reported to the Board include:
(a) Disciplinary Conduct.
(1) Assault with a weapon.
(2) Escape.
(3) Physically assaultive behavior.
(4) Possession of a weapon without permission.
(5) Possession of controlled substances without a prescription.
(6) Attempt to escape.
(7) Urging others, with the intent to cause a riot, to commit acts of force
or violence, at a time and place and under circumstances which produce
a clear and present and immediate danger of a riot which results in acts
of force or violence.
(8) Intentional destruction of state property valued in excess of $50.
(9) Falsification of a significant record or document.
(10) Possession of escape tools without permission.
(11) Manufacture or sale of intoxicants.
(12) Threatening the Board or Board staff
(13) Other conduct which seriously disrupts institutional routine, or
which strongly indicates that the prisoner is not ready for release, or
which indicates that the prisioner is a danger to himself or others, or
which Department staff believes should be reported to the Board.
(b) Psychiatric Deterioration. Any prisoner whose mental state deteri-
orates to the point that there is a substantial likelihood that the prisoner
would pose a danger to himself or others when released, and who is with-
in 90 days of release, shall be reported to the Board.
(c) Fundamental errors occurred, resulting in the improvident granting
of a parole date.
(d) Other. Any new information which indicates that parole should not
occur. Examples include: an inability to meet a special condition of pa-
role, such as failure of another state to approve an interstate parole; or in-
formation significant to the original grant of parole was fraudulently
withheld from the Board.
NoTH: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
3060, Penal Code.
History
1. Kditorial correction (Register 79, No. 38).
2. Amendment of section and new NoTH filed 1-13-2000; operative 2-12-2000
(Register2000, No. 2).
§ 2452. Procedure for Reporting.
(a) Reporting. Department staff shall report to the Board at the central
office calendar any life, non-life 1 168 or ISL prisoner who must be re-
ported under § 245 1 .
(b) Time of Report. All cases shall be reported to the Board prior to the
prisoner's scheduled release date.
If the case has not been referred to the District Attorney for prosecu-
tion, the case shall be reported to the Board within 1 5 days of the conduct
or the discovery of information leading to disciplinary charges.
If the case has been referred to the District Attorney for prosecution,
the case should be reported to the Board on the earliest of the following
dates:
( 1 ) 60 days before the prisoner's parole date:
(2) Within 15 days of the date upon which the District Attorney noti-
fies the Department that the county will not prosecute the case:
(3) Within 15 days of the date of the criminal prosecution. These time
limits are directory only, and the Board may hold a rescission hearing if
these time limits are not met in a particular case.
NoTH: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 1 170.2 and 3041, Penal Code.
History
1. Amendment of subsection (b) filed 6-1 1-79; effective thirtieth day thereafter
(Register 79, No. 24).
2. Repealer of subsections (c) and (d) filed 12-22-82 by OAL pursuant to Govern-
ment Code Section 11349.7(j) (Register 82, No. 52).
3. Amendment of section and Noth filed 1-13-2000; operative 2-12-2000 (Reg-
ister 2000, No. 2).
§ 2453. Pre-Rescisslon Hearings.
(a) Scheduling. If the prisoner is scheduled to be released within 20
days, a criminal prosecution is pending, and the criminal prcsecution will
not terminate before the scheduled release date. Department staff shall
schedule a pre-rescission hearing. The prisoner may waive the pre-re-
scission hearing.
A prisoner who has had or has waived a pre-rescission hearing on any
one charge which alone is sufficiently serious to postpone or rescind the
release date, is not entitled to a pre-rescission hearing on any other
charges.
(b) Time Limits. Pre-rescission hearings should occur before the
scheduled release date. Any delay beyond the scheduled release date
must be authorized by the Board at the central office calendar.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3041.5 and 3060, Penal Code.
History
1 . Amendment of section heading and section and new Notk filed 1 -1 3-2000; op-
erative 2-12-2000 (Register 2000, No. 2).
§ 2454. Scheduling Rescission Hearings.
The time limits specified in this section are directory, and failure to
meet the time limits does not deprive the Board of jurisdiction to hold the
hearing. Department staff shall schedule rescission hearings as follows:
(a) New Commitment. If the prosecution terminates in a sentence to
state prison prior to the scheduled rescission hearing, the rescission hear-
ing shall be cancelled, and the prisoner shall be scheduled for a parole
hearing as provided in § 2308(c).
If the prosecution terminates in a sentence to state prison after a rescis-
sion hearing, the action at the rescission hearing shall be vacated, and the
prisoner shall be scheduled for a parole hearing as provided in i^ 23()8(c).
(b) Definitions.
( 1 ) Days. Time must be computed in calendar days. If a due date falls
on a weekend or holiday, the due date will be the next working day.
(2) Termination of Criminal Prosecution. Criminal prosecution shall
be considered terminated when any one or more of the following occur:
(A) The prisoner has been sentenced.
(B) The criminal charges are dismissed for any reason.
(C) The prisoner has been acquitted.
(D) The prisoner has been granted immunity from further prosecution.
Page 83
Register 2003, No. 4; 1 -24-2003
§2465
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(E) The prisoner is diverted under Penal Code section 1000.
(F) The prisoner is committed to the Department for diagnosis under
Penal Code section 1203.03.
(G) The parolee is committed to CRC.
(3) Sentence. A sentence means a fine, a jail sentence, a prison sen-
tence, a probationary sentence (regardless of whether judgment was en-
tered) or any commitment to any agency for diagnosis or treatment (in-
cluding a temporary commitment to the Department of Health).
NoTf-.: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 1 170.2 and 3041. Penal Code.
History
1. Amendment of subsection (c)(2) tiled 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77. No. 44).
2. Amendment filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No.
24).
3. Amendment of subsection (c) filed 12--28-79 as procedural and organizational;
designated effective 1-1-80 (Register 79, No. 52).
4. Repealer of subsections (a) and (b) and relettering of subsections (c) and (d) to
subsections (a) and (b) filed 12-22-82 by OAL pursuant to Government Code
Section 1 1349.70) (Register 82, No. 52).
5. Amendment of section and NoTH filed 1-13-2000; operative 2-12-2000 (Reg-
ister 2000, No. 2).
Article 2. Hearing Procedures
§ 2465. Prisoner Rights.
At the rescission hearing, the prisoner shall have the rights specified
in §§ 2245-2255, and the following rights:
(a) Notification of the Charges and the Supporting Evidence. The pris-
oner shall receive a copy of the charges, and any supporting evidence un-
less designated confidential pursuant to § 2235.
(b) Attorney. A life prisoner has the right to be represented by an attor-
ney at the rescission hearing. If the life prisoner is indigent, an attorney
shall be appointed at state expense. An ISL or non-life prisoner has the
right to request the assistance of an attorney. (See §§ 2690-2701.)
(c) Witnesses. The prisoner shall have the right to request the presence
of evidentiary witnesses at a rescission hearing. The witnesses shall be
called unless the hearing panel has specific reason to deny the request.
Witnesses shall be screened in accordance with the procedures of § 2668.
The prisoner may request subpoenas or subpoenas duces tecum as pro-
vided in §§ 2675-2682. If denied, the specific reasons for denial shall be
documented and a copy of the document given to the prisoner. During the
hearing, the prisoner has the right, under the direction of the hearing pan-
el, to question all witnesses.
(d) Notice of the Hearing. The prisoner shall be provided with notice
of the hearing at least 30 days prior to the hearing date.
(e) Record. The record of the hearing shall be a stenographic tran-
script.
Note. Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3041.5, 3041.7 and 5076.3, Penal Code; In re CarroU (\91%) 80 Cal. App.
3d 22.
History
1 . Amendment of subsection (b) filed XQ-ll-ll as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 7-21-78 as an emergency; effective upon
filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
5. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Reg-
ister 2000, No. 2).
6. Amendment of section and NOTK filed 1-23-2003; operative 1-23-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 2466. Pre-Hearing Procedures.
(a) General. Department staff shall ensure that the board at the central
office calendar is notified of all cases which are within 20 days of the re-
lease date, and all cases of prisoners with criminal prosecution pending
and which are held 90 days past the scheduled release date; final rescis-
sion hearings are scheduled; written demands for a final hearing are re-
ported to the board at the central office calendar; the prisoner is advised
of his rights; prisoner's requests for witnesses are screened; any neces-
sary witnesses are obtained; all documentary and physical evidence is
disclosed, unless designated confidential under § 2235; requests for con-
tinuances are decided under § 2253; and the case is otherwise prepared
for the hearing as necessary.
Life Prisoner Rescission. At least 30 days before a life prisoner rescis-
sion hearing. Department staff shall notify the district attorney of the
county from which the prisoner was committed for the life offense that
a representative of the district attorney's office may attend the hearing.
If the prosecutor wishes to participate in the hearing, he shall notify the
institution hearing coordinator at least 14 days before the hearing. De-
partment staff shall notify the prisoner's attorney that a prosecutor will
attend. The prosecutor may review the prisoner's central file and submit
any relevant documents. The prosecutor shall submit any documents at
least 14 days before the hearing and the institution hearing coordinator
shall ensure that the prisoner and his attorney receive a copy ten days
prior to the hearing. The institution hearing coordinator shall also for-
ward to the prosecutor a copy of all documents provided to the prisoner's
attorney.
NOTE: Authority cited: Secfions 3052 and 5076.2, Penal Code. Reference: Section
3041.7, Penal Code.
History
1. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78,
No. 29).
2. Certificate of Compliance filed 0-27-78 (Register 78, No. 43).
3. Amendment of section headins, .section and Noth filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2467. Hearing Procedures.
(a) Pre-rescission Hearing. The pre-rescission hearing shall be con-
ducted by a deputy commissioner. The deputy commissioner shall decide
whether there is probable cause to believe that the prisoner engaged in
the conduct charged. Guilt, innocence, or possible punishment are not at
issue at this hearing.
(b) Rescission Hearing. The rescission hearing for life prisoners shall
be conducted by a panel of three, at least two of whom shall be commis-
sioners. Rescission hearings for ISL prisoners shall be conducted by a
panel of two deputy commissioners. The hearing panel shall decide
whether the prisoner engaged in the conduct charged and, if so, what ac-
tion should be taken. For life prisoners, the rescission hearing may be
held in conjunction with a Department disciplinary hearing. For ISL pris-
oners with DSL release dates retroactively calculated, the hearing may
be held in conjunction with a Department good time credit hearing, but
only the ISL dale may be rescinded. In such a combined hearing, the
Board shall make any decision necessary to the rescission portion of the
hearing, and the Department shall make any decisions necessary to the
disciplinary or good time credit porfion of the hearing. Both the Board
and the Department may question any witnesses. A rescission hearing
may be held without a disciplinary hearing, any time that the rescission
charges are not based upon disciplinary charges or that the Board at the
central office calendar orders an independent hearing.
Note; Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3041, 5075 and 5076.1, Penal Code.
History
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsecfion (b) filed 4-4-78; effecfive thirtieth day thereafter
(Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No. 5).
4. Amendment of section and Note filed 1-13-2000; operafive 2-12-2000 (Reg-
ister 2000, No. 2).
§ 2468. Procedures After Dismissal or Not Guilty.
If the charges against the prisoner are dismissed, or if the prisoner is
found not guilty of the charges, the prisoner shall be released on the
scheduled release date. If the rescission proceedings result in the prison-
er' s being overdue for release, the prisoner shall be released immediate-
ly.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 2932, Penal Code.
Page 84
Register 2003, No. 4; 1-24-2003
Title 15
Board of Prison Terms
§2482
History
1. Ainendmcnl of section and new NoTi-: filed 1-13-2000: operative 2-12-2000
(Register 2000. No. 2).
§ 2469. Procedures After Postponement.
N()T[{; Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041,
3041.5, 3041.7, and 5076.1, Penal Code.
History
1. Amendment of sub.section (c)(4) filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(4) filed 7-2 1-78 as an emergency; effective upon
filing (Register 78, No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of subsection (c)(2) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
5. Repealer filed 8-12-82; effective thirtieth day thereafter (Register 82, No. 33).
§ 2470. Procedures After Rescission.
Within ten days of any Board action resulting in the rescission of a pa-
role date, the board shall send the prisoner a written statement setting
forth the reasons for the rescission. Life and non-life 1 1 68 prisoners shall
also be notified that a parole consideration hearing will be held 12-60
months after the rescission hearing.
NOTH: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tion 3041.5, Penal Code.
History
1. Amendment of subsection (b)(3) filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 7-21-78 as an emergency; effective upon filing (Register 78,
No. 29).
3. Certificate of Compliance filed 10-27-78 (Register 78, No. 43).
4. Amendment of section and Notk filed 12-20-93; operative 1-19-94 (Register
93, No. 52).
5. Amendment filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).
§2471. Appeals.
(a) Combined Hearing. If the hearing at which the parole date was
postponed or rescinded was a combined hearing, the prisoner may appeal
the decision under Department appeals procedures. The Department
Chief, Appeals Section, shall coordinate the appeal with the second level
of appeal of the Board.
(b) No Combined Hearing. If the hearing at which the release date was
postponed or rescinded was not a combined hearing, the prisoner may ap-
peal under the procedures of §§ 2050-2056.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code Reference: In re
Muszalski , 52 Cal.App.3d 500 (1975).
History
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 12-28-79 as procedural and organizational;
designated effective 1-1-80 (Register 79, No. 52).
3. Amendment of secfion and Note filed 1-13-2000; operative 2-12-2000 (Reg-
ister 2000, No. 2).
§2472. Pre-1 948 Credits.
NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Sections
2920-2926, Penal Code.
History
1. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
33).
2. Repealer filed 1-13-2000; operafive 2-12-2000 (Register 2000, No. 2).
Article 3. Multi-Jurisdiction Regulations
§ 2479. General.
The rules contained in chapter 4, articles 1 and 2, shall apply to all mul-
ti-jurisdiction prisoners unless modified by the rules in this article. The
Board at the central office calendar shall determine as specified in
§ 2367(d) whether the multi-jurisdiction prisoner located outside Cali-
fornia shall receive a telephone hearing or a hearing conducted in the in-
carcerating jurisdiction.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code Reference: Sec-
tions 1389.7 and 1 1 193, Penal Code.
History
1 . Amendment of article heading and section and new Non-. filed 1-13-2000; op-
erative 2-12-2000 (Register 2000, No. 2).
§ 2480. Pre-Rescission Hearing Procedures.
(a) Multi-jurisdiction Prisoners Located in California. Pre-rescission
hearings for multi-jurisdiction prisoners located in California shall be
conducted as specified in § 2467(a).
(b) Multi-jurisdiction Prisoners Located Outside California. Pre-re-
scission hearings for multi-jurisdiction prisoners located outside Cali-
fornia shall be one of the following:
( 1 ) Telephone Hearing. The pre-rescission hearing shall be conducted
by a deputy commissioner who shall decide whether there is probable
cause to believe the prisoner committed the violation charged. Guilt, in-
nocence or possible punishment are not at issue in this hearing.
(2) Hearing Conducted in Incarcerating Jurisdiction. Hearings may be
conducted for the Board by an official of the incarcerating jurisdiction.
The official shall recommend to the Board whether there is probable
cause to believe the prisoner committed the violation charged. Guilt, in-
nocence or possible punishment are not at issue at this hearing. The offi-
cial's recommendation and a record of the hearing shall be forwarded to
the Board at the central office calendar where the final probable cause de-
terminafion shall be made.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
dons 5075, 5076.1 and 1 1 193, Penal Code.
History
1. Amendment of subsection (b)(1) filed 1-20-88; operafive 2-19-88 (Register
88, No. 5).
2. Amendment of section heading, section and NoTi-: filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2481. Rescission Hearing Procedures.
(a) Multi-jurisdicfion Prisoners Located in California. Rescission
hearings for multi-jurisdicfion prisoners located in California shall be
conducted as specified in § 2467(b).
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
fions 3041 and 5076.1, Penal Code.
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 of subsecfion (b)(1) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
3. Repealer of subsections (b)(1) and (b)(2) filed 12-22-82 by OAL pursuant to
Government Code Section 11349.7(j) (Register 82, No. 52).
4. Amendment of section heading, section and Note filed 1-13-2000; operative
2-12-2000 (Register 2000, No. 2).
§ 2482. Prisoner Rights.
(a) Multi-jurisdiction Prisoners Located in California. At any pre-re-
scission or rescission hearing the multi-jurisdiction prisoner located in
California shall have the rights specified in § 2465.
(b) MuUi-jurisdiction Prisoners Located Outside California.
(1) Multi-jurisdiction Prisoners Receiving Telephone Hearings. At a
pre-rescission or rescission telephone hearing the mulU-jurisdiction
prisoner located outside California shall have the rights specified in
§ 2367, and the following rights:
(A) Nofificafion of the Charges and the Supporting Evidence. ITie
prisoner is enutled to receive a copy of the charges and the supporting
evidence. (See § 2465(a).)
(B) Witnesses. The prisoner shall have the right to request the presence
of witnesses. (See § 2465(c).)
(C) Notice of the Hearing. Notice of the hearing shall be given as soon
as possible but no later than two weeks before the hearing.
(D) Record.
1 . The record of the hearing for a life prisoner shall be a verbatim tran-
script.
2. The record of the hearing for a non-life 1 1 68 or LSL prisoner shall
be a tape recording.
(2) Multi-jurisdiction Prisoners Receiving Hearings in Incarcerating
Jurisdictions. At any pre-rescission or rescission hearing held in the in-
Page 85
Register 2(X)6, No. 43; 10-27-2006
§2483
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
carccrating jurisdiction the multi-jurisdiction prisoner shall have the
rights specified in § 2465.
NOTI-: Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec-
tions 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 (Register 77, No. 44).
2. Amendment of section and new NoTi' filed 1-1.3-2000; operative 2-12-2000
(Register2000, No. 2).
§ 2483. Postponement Review Hearing (Section 2469).
NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041.5
and .3041.7, Penal Code.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Amendment of subsection (a) filed 5-1-80; effective thirtieth day thereafter.
3. Repealer filed 1 1-13-85; effective thirtieth day thereafter (Register 85, No. 46).
§ 2484. Postponement Review Hearing: Prisoner's Rights.
History
1 . Repealer filed 1 1-1 3-85; effective thirtieth day thereafter (Register 85, No. 46).
§ 2485. Rescission Rehearing: Prisoner Rights.
NOTH: Authority cited: Section 5076.2, Penal Code. Reference: Section 3041.7,
Penal Code.
History
1. Amendment of subsection (b)(2) filed 10-27-77 as an emergency; effective
upon fihng. Certificate of Compliance included (Register 77, No. 44).
2. Repealer of Section 2485 and renumbering of Section 2486 to Section 2485 filed
5-1-80; effective thirtieth day thereafter (Register 80, No. 18). For history of
former section see Register 77, No. 44.
3. Repealer filed 5-28-81 ; effecfive thirtieth day thereafter (Register 81, No. 22).
Chapter 5. Parole Supervision
Article 1. Length and Conditions of Parole
§2510. General.
The prisoner shall be informed of the length and conditions of parole.
The board shall establish and impose the special parole conditions and
the length of parole within the statutory maximum for all life prisoners,
nonlife 1 168 prisoners, and ISL prisoners released on ISL parole dates.
Under guidelines specified by the board the departinent shall establish
and impose the special conditions of parole and the length of parole with-
in the statutory maximum for all DSL prisoners and ISL prisoners re-
leased on DSL release dates as retroactively calculated. The department
shall impose any special conditions recommended by the board for DSL
prisoners and ISL prisoners released on DSL release dates.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000,
3052 and 3053, Penal Code.
History
1 . Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Amendment filed 6-1 1-79; effecfive thirtieth day thereafter (Register 79, No.
24).
3. Amendment of section heading, section and NoTK filed 5-1-2006 as an emer-
gency; operafive 5-1-2006 (Register 2006, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-29-2006 or emergency language will
be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2006, No. 43).
§ 2511 . Notice of Parole.
(a) Definition. The notice of parole is a general description of rules and
regulations governing parolees.
(b) Notice. The notice parole shall read as follows:
1 . Release. You will be released on parole effective for a peri-
od of . This parole is subject to the following notice and condi-
tions. Should you violate any conditions of this parole, you are subject
to arrest and the board may modify, suspend, or revoke your parole and/
or order your return to custody. You have read or have had read to you
these conditions of parole and you fully understand them. Whenever any
problems arise or you do not understand what is expected of you, talk to
your parole agent.
2. Extradition. You waive extradition to the State of California from
any State or Territory of the United States, or from the District of Coluiri-
bia. You will not contest any effort to return you to the State of California.
3. Psychiatric Returns. If the board determines that you suffer from a
mental disorder which substantially impairs your ability to maintain
yourself in the community or which makes you a danger to yourself or
others, the board may order your placement in a community treatment fa-
cility or state prison, if necessary for treatment. The board may revoke
your parole and order you returned to prison for psychiatric treatment if
the necessary treatment cannot be provided in the community.
4. Search. You and your residence and any property under your control
may be searched without a warrant at any time by any agent of the Depart-
ment of Corrections or any law enforcement officer.
5. Detainer. If another jurisdiction has lodged a detainer against you,
you may be released to the custody of that jurisdiction. Should you be re-
leased from their custody prior to the expiration of your California pa-
role, or should the detainer not be exercised, you are to immediately con-
tact the nearest Department of Corrections' Parole and Community
Services Division Office for instrucUons concerning reporting to a parole
agent.
6. Residence. The establishment and maintenance of a residence upon
release from prison is critical to the successful reintegration of a parolee
into society and is in the interest of the public.
7. Certificate of Rehabilitation. You have been informed and have re-
ceived in writing the procedure for obtaining a Certificate of Rehabilita-
tion.
NOTE; Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3053. 3056, 3057 and 3060. Penal Code.
History
1 . Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b)3. filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
3. Amendment of subsecfion (b)3. filed 10-5-89; operafive 1 1^-89 (Register 89,
No. 41).
4. New subsecfion (b)6. and renumbering filed 1-16-92; operative 2-17-92 (Reg-
ister 92, No. 12).
5. Amendment of section heading, section and Note filed 5-1-2006 as an emer-
gency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-29-2006 or emergency language will
be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 5-1-2006 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2006, No. 43).
§ 2512. General Conditions of Parole.
(a) The parole conditions are not a contract but are the specific rules
governing all parolees whether or not the parolee has signed the form
containing the parole conditions. A violation of any of these conditions
of parole may result in the revocation of parole and the parolee's return
to prison. The general conditions of parole shall read as follows:
"( 1 ) Special conditions. Any special condition imposed by the depart-
ment or the board.
(2) Release, Reporting, Residence and Travel. Unless other arrange-
ments are approved in writing, you will report to your parole agent within
24 hours or the next working day if released on the day before a holiday
or weekend. Your residence and any change of residence shall be re-
ported to your parole agent in advance. You will inform your parole agent
within 72 hours of any change of employment location, employer or ter-
mination of employment.
(3) Parole Agent Instructions. You shall comply with all instructions
of your parole agent and will not travel more than 50 miles from your resi-
dence without his/her prior approval. You will not be absent from your
county of residence for a period of more than 48 hours and not leave the
State of California without prior written approval of your parole agent.
Page 86
Register 2006, No. 43; 10-27-2006
Title 15
Board of Prison Terms
§2513
•
(4) Criminal Conduct. You shall not engage in criminal conduct. You
shall immediately inform your parole agent if you are arrested for a
felony or misdemeanor under federal, state, or county law.
(5) Weapons. You shall not own, use, have access to, or have under
your control: (a) any type of firearm or instrument or device which a rea-
sonable person would believe to be capable of being used as a firearm or
any ammunition which could be used in a firearm; (b) any weapon as de-
fined in state or federal statutes or listed in California Penal Code Section
1 2020 or any instrument or device which a reasonable person would be-
lieve to be capable of being used as a weapon; or (c) any knife with a blade
longer than two inches, except kitchen knives which must be kept in your
residence and knives related to your employment which may be used and
carried only in connection with your employment; or (d) a crossbow of
any kind.
(6) You shall sign the parole agreement containing the conditions of
parole specified in this section and any special conditions imposed as
specified in section 2513."
NOTE: Authority cited: Sections 3000, 3052 and 5076.2, Penal Code; and Morhs-
sc\ v. Brewer. 408 U.S. 471 (1972). Reference: Sections 3052, 3053. 3060.5 and
12020, Penal Code.
History
1. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register 78, No. 4 1 for tech-
nical reasons (Register 78, No. 41).
2. Amendment filed 6-11 -79; effective thirtieth day thereafter (Register 79, No.
24).
3. Amendment filed 5-28-81; effective thirtieth day thereafter (Register 81, No.
22).
4. Amendment filed 6-14-84; effective thirtieth day thereafter (Register 84, No.
24).
5. Amendment filed 11-13-85; effective thirtieth day thereafter (Register 85, No.
46).
6. Amendment filed 3-1 1-87; effective thirtieth day thereafter (Register 87, No.
11).
7. Amendment of section filed 8-1 5-91; operafive 9- 16-91 (Register 91, No. 51).
8. Amendment of subsection (a)(2) filed 1-16-92; operative 2-17-92 (Register
92, No. 12).
9. Amendment of subsection (a)(4) and Note filed 9-23-96; operative 10-23-96
(Register96, No. 39).
10. Change without regulatory effect amending subsection (a)(5) filed 5-21-2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 21).
1 1 . Repealer and new section and amendment of Noth filed 5-1-2006 as an emer-
gency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-29-2006 or emergency language will
be repealed by operation of law on the following day.
12. Editorial correction restoring inadvertently omitted introductory paragraph
(Register 2006, No. 36).
13. Reinstatement of section as it existed prior to 5-1-2006 emergency amend-
ment by operation of Government Code secfion 1 1 346. 1 (f) (Register 2006, No.
43).
§ 2513. Special Conditions of Parole.
Special conditions may be established and imposed by the department
or the board as provided in § 25 1 0, and are in addition to the general con-
ditions of parole. Special conditions include:
(a) "To participate in Psychiatric Treatment. You agree to participate
in the psychiatric treatment program approved for you by the Parole and
Community Services Division." This special condition shall be imposed
whenever the board, or the department psychiatric staff, have determined
that treatment is required for successful adjustment on parole.
(b) "To abstain from Alcoholic Beverages. You agree to totally abstain
from the use of any alcoholic beverages or liquors." This special condi-
tion shall be imposed whenever the circumstances of the commitment of-
fense are such that this condition is required by the provision of Penal
Code section 3053.5. This special condition may also be imposed when-
ever the board or the department determines that such a condition is war-
ranted by the circumstances of the case.
(c) "To Participate in Anti-Narcotic Testing. You agree to participate
in anti-narcotic testing in accordance with instructions from a parole
agent." This special condition may be imposed if there is a documented
or admitted history of controlled substances usage.
(d) "Residence. You shall maintain a residence with a street address
or a dwelling location approved in writing by the Parole and Community
Services Division." This special condition shall be imposed on all parol-
ees required to register under the provisions of Penal Code sections 290
and 457. 1. and Health and Safety Code section 1 1590.
(e) "Gang Participation. You will not actively participate in, promote,
further or assist in any prison gang, disruptive group, or criminal street
gang activity as enumerated in Penal Code .section 186.22(e). nor violate
any gang abatement injunction, ordinance, or court order. You will not
associate with any prison gang, disruptive group, or street gang member,
nor wear or carry on your person, gang colors or any sign, symbol, or par-
aphernalia associated with gang activity." These special conditions may
be imposed if there is a history of street gang, disruptiv e group, or prison
gang membership, affiliation, or association.
As used in title 15, division 2, a disruptive group is defined as any gang
other than a prison gang; a prison gang is defined as any gang which origi-
nated and has its roots within the department or any other prison system;
and a criminal street gang is defined as any formal or informal organi/a-
fion, association, or group of three or more persons having as one of its
primary activities the commission of a criminal act enumerated in Penal
Code section 186.22(e). or planning, organizing, threatening, financing,
or solicidng such acts. A gang is also defined as a group having a ct)ni-
mon identifying sign or symbol, whose members individually or collec-
fively engage in, or have engaged in, repetitive or escalating non-crimi-
nal activities which the board determines to be a threat to public safety.
Only those gang tattoos received prior to parole are not considered to
be a violaUon of this special condifion.
(f) A special condifion of parole which requires the parolee to partici-
pate in a residential program shall not be imposed without a Special Con-
difion/Placement Hearing by the Board conducted in accordance with
due process as defined in revocafion procedures. Title 15, Division 2,
Chapter 6, Ardcle 3.
( 1 ) A parolee with parole revocation charges shall have the review for
Special Condition/Placement conducted concurrenfiy with the Revoca-
fion Hearing.
(2) A parolee without parole revocation charges shall be afforded ap-
propriate notification per § 2643 prior to the Special Condition/Place-
ment Hearing.
(3) Waiver. A parolee may waive his right to a Board hearing pursuant
to § 2641 . If the parolee waives his right to a Board hearing, the Board,
upon receipt of notificafion, may impose the special condition of parole
that the parolee must participate in the residential program up to the statu-
tory maximum (see § 2515).
(g) Other. Any other condition deemed necessary by the Board or the
Department due to unusual circumstances. This special condition shall
be imposed whenever warranted by unusual circumstances. The reasons
for its imposition shall be sufficiently documented in the parolee's case
records to explain the need for imposifion.
NOTE: Authority cited: Sections 3052, 3068 and 5076.2. Penal Code. Reference:
Sections 186.22, 290, 457.1, 3052, 3053. 3053.2, and 3053.5, Penal Code: and
Section 1 1 590, Health and Safety Code.
History
1. Amendment of section title 10-27-77 as an emergency; effective upon filing.
Certificate of Compliance included (Register 77, No. 44).
2. Repealer of subsecUon (d) and subsection rclettering filed 8-15-91; operative
9-16-91 (Register 91, No. 51).
3. Amendment of subsection (d), and renumbering and amendment of Noi [ filed
1-16-92; operative 2-17-92 (Register 92, No. 12).
4. Amendment of subsection (d), new subsection (e), subsection rclettering. and
amendment of NOTE filed 9-5-97 as an emergency; operative 9-5-97 (Regis-
ter 97, No. 36). A Certificate of Compliance must be transmitted to OAL by
1-5-98 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 9-5-97 order, including additional amendment
of subsection (a), transmitted to OAL \ 2-17-97 and fikd 2-2 9H (Rccistcr 9H,
No. 6).
6. New subsecfions (f)-(f)(3), subsection rclettering, amendment of newly desig-
nated subsecfion (g), and amendment of Notk filed 2-16-99 as an emergency;
Page 87
Register 2006, No. 43; 10-27-2fK)6
§ 2513.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
operative 2-16-99 (Register 99, No. 8). A Ceilificate of Compliance must be
transmitted to OAL by 6-1 6-99 or emergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Compliance as to 2-1 6-99 order transmitted to OAL 5-1 7-99 and
filed 6-15-99 (Register 99, No. 25).
8. Change without regulatory effect amending subsection (e) filed 6-28-2001 pur-
suant to section 100, title 1, California Code of Regulations (Register 2001, No.
26).
9. Amendment of section heading, section and Noth filed 5-1-2006 as an emer-
gency; operative 5-1-2006 (Register 2006, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-29-2006 or emergency language will
be repealed by operation of law on the following day.
10. Editorial correction of subsection (c)(2) (Register 2006, No. 36).
11. Reinstatement of section as it existed prior to 5-1-2006 emergency amend-
ment by operation of Government Code section 1 1 346. 1 ( f) (Register 2006, Nc.
43).
§ 251 3.1 . Special Conditions of Parole for Sex Offenders
Undergoing Chemical Treatment.
If an individual is undergoing chemical hormone treatment pursuant
to Penal Code section 645, the Board shall require, and the Department
shall institute, the following special condition:
"Sex Offender Chemical Treatment. Pursuant to court order, you shall
undergo the medroxyprogesterone acetate (or its chemical equivalent)
treatment program approved for you by the Department."
NOTE; Authority cited: Sections 3052 and 5076. 1, Penal Code. Reference: Section
645, Penal Code.
History
1. New section filed 10-13-98; operative 11 -12-98 (Register 98, No. 42).
§ 2513.2. Hearings for Sex Offenders Undergoing
Chemical Treatment.
Any sex offender convicted and sentenced under Penal Code section
645 shall begin medroxyprogesterone acetate (or its chemical equiva-
lent) treatment one week prior to release from confinement in the state
prison or other institution and shall continue treatments until the Depart-
ment demonstrates to the Board that treatment is no longer necessary.
(a) If the Department determines that the parolee's medical condition
requires the termination of the treatment, the Department will immedi-
ately transmit a written notification from a medical doctor so stating to
the Chairman or the Executive Officer of the Board. The Chairman or the
Executive Officer shall issue a temporary order to discontinue the treat-
ment pending a parole revocation hearing.
(b) If the Department determines that treatment is no longer necessary,
the Department shall send written notification to the Board. The Board
will thereafter hold a hearing before a commissioner or deputy commis-
sioner to determine whether the Department has demonstrated that treat-
ment is no longer necessary.
NOTE; Authority cited: Sections 3052 and 5076. 1 , Penal Code. Reference: Section
645, Penal Code.
History
1. New section filed 10-13-98; operative 11-12-98 (Register 98, No. 42).
§ 2514. Waiver of Parole.
The board may, for good cause, waive parole and discharge any pris-
oner. An 1 170 prisoner or the department may request waiver of parole
under the procedures of Sections 2525-2526.
A prisoner whose parole date was set by the board and who desires a
waiver shall request a waiver of parole to the hearing panel at the time of
the board action setting or modifying the parole date.
NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Pe-
nal Code.
History
1 . Amendment filed 12-28-79 as procedural and organizational; designated effec-
tive 1-1-80 (Register 79, No. 52).
§2515. Length of Parole.
(a) General. The department shall establish the length of parole for ISL
prisoners released on retroactively calculated DSL release dates and for
DSL prisoners. The board shall establish the length of parole for ISL pris-
oners released on ISL parole dates, non-life 1 168 prisoners and life pris-
oners. The board may waive parole for any prisoner and tnay reviev/,
upon request, the length of parole set by the department (see
§ 2525-§ 2526).
The board shall discharge a prisoner who has a three-year period of
parole within 30 days following one year on continuous parole, unless the
board finds good cause to retain the parolee on parole. The board shall
discharge a parolee who has a five-year period of parole within 30 days
following three years on continuous parole, unless the board finds good
cause to retain the parolee on parole. A parolee has been on continuous
parole if he/she has not absconded parole supervision or had parole re-
voked since initial release on parole. Any time during which the parolee
has absconded from supervision while on parole or during a period of re-
vocation shall not be credited to the period of parole.
The parole period may be extended pursuant to revocation proceed-
ings. The parole period shall be extended for an amount of time equal to
that ordered as the revocation period. The extension of the period of pa-
role pursuant to revocation shall not exceed the maximum period of pa-
role.
(b) DSL and Non-life 1 168 Prisoners: Offenses After January 1, 1979.
A DSL or non-life 1 168 prisoner who was sentenced to state prison for
an offense committed on or after January 1, 1979, is subject to a three-
year parole period, unless the board or the department sets a shorter peri-
od of parole. The maximum period of parole is four years.
(c) ISL, DSL and Non-life 1 1 68 Prisoners: Offenses On or Before De-
cember 31, 1978. An ISL, DSL or non-life 1 168 prisoner who was sen-
tenced to prison for an offense committed on or before December 3 1 ,
1978, is subject to a one-year parole period, unless the board or the de-
partment sets a shorter period of parole. The maximum period of parole
is eighteen months.
(d) Life Prisoners: Offenses After January 1 , 1979. A life prisoner who
was sentenced to state prison for an offense committed on or after Janu-
ary 1 , 1979, is subject to a five-year parole period, unless the board sets
a shorter period of parole. The maximum period of parole is seven years.
(e) Life Prisoners: Offenses On or Before December 31, 1978. A life
prisoner sentenced to state prison for an offense committed on or before
December 31, 1978, is subject to a three-year parole period, unless the
board sets a shorter period of parole. The maximum period of parole is
four years.
(f) Life Prisoners: Murder offense on or after January 1, 1983. A life
prisoner who was sentenced to prison for a murder committed on or after
January 1, 1983, is subject to a parole period of life.
NOTE; Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3000, 3000.1, 3001, 3002, Penal Code (Stats. 1978, c. 582) and 3064, Penal
Code; In re Thompson (1980) 104 Cal.App.3d 950; In re Harper (1979) 96
Cal.App.3d 138; and In re Carr (1995) 38 Cal.App.4th 209.
History
1. Amendment filed 12-29-78 as an emergency; effecfive upon filing (Register
78, No. 52).
2. Certificate of Non-compliance reinstating section as it existed prior to emergen-
cy amendment transmitted to OAH 3-14-79 and filed 3-20-79 (Reaister 79,
No. 11).
3. Amendment filed 3-15-79 as an emergency; effective upon filing (Register 79,
No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
5. Amendment of subsections (b) and (c) and new subsections (d), (e) and (f) filed
6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (a) filed 12-28-79 as procedural and organizational;
designated effective 1-1-80 (Register 79, No. 52).
8. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
33).
9. New subsection (f) filed 1-20-88; operative 2-19-88 (Register 88, No. 5).
10. Amendment of subsections (a)-(c) and amendment of Note filed 10-22-98
as an emergency; operative 10-22-98 (Register 98, No. 43). A Certificate of
Compliance must be transmitted to OAL by 2-19-99 or emergency language
will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1-5-99
and filed 2-1 0-99 (Register 99, No. 7).
•
Page 88
Register 2006, No. 43; 10-27-2006
Title 15
Board of Prison Terms
§2536
•
Article 2. Reconsideration of Length and
Conditions of Parole
§ 2525. General.
For prisoners whose length and conditions of parole were imposed by
the board, reconsideration of the length and conditions as originally im-
posed or later modified shall be by appeal as provided in Sections
2050-2056. For prisoners whose length and conditions of parole were
imposed by the department, reconsideration of the length and conditions
as originally imposed or later modified shall be as provided in this article.
NOTi:; Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000 and
5077. Penal Code.
History
1 . Amendment filed 10-27-77 a.s an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Repealer of Article 2 (Sections 2525-2528) and new Article 2 (Sections
2525-2526) filed 6-1 1-79; effective thirtieth day thereafter (Reeister 79, No.
24).
§ 2526. Procedure.
Prisoners whose length and conditions of parole were established by
the department shall first appeal through department appeal procedures
(Title 15, California Administrative Code, Section 3003). When the de-
partment appeal is final, the prisoner may request board review by fol-
lowing the procedures in Sections 2050-2056.
Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3000 and
5077, Penal Code.
§ 2528. Right of Appeal.
A prisoner or parolee objecting to the decision after reconsideration
may appeal the decision under the procedures of Section 2050-2057.
History
1 . Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
Article 3. Discharge
§ 2535. Discharge Review.
(a) General. At the discharge review the Board shall consider the pa-
rolee's adjustment in prison and on parole and any other information rele-
vant to determining whether the parolee should be discharged or retained
under parole supervision.
(b) Scheduling.
( 1 ) Three- Year Parolees. The review for those parolees who are sub-
ject to a three-year parole period as provided in § 25 1 5(b) shall be per-
formed during the thirteenth month of condnuous parole, except for those
who were committed for violent felonies as listed in Penal Code section
667.5(c), in which case the review shall be performed during the twenty-
fifth month of continuous parole.
(2) Five-Year Parolees. This review shall be performed during the
37th month of continuous parole for parolees subject to a five-year pa-
role period as provided in Section 2515(d).
(3) Life Parolees. This review shall be performed during the 85th
month of continuous parole for first degree murder parolees and during
the 61st month of confinuous parole for second degree murder parolees.
(4) Continuous Parole. A parolee has been on continuous parole if the
parolee has not absconded parole supervision or had parole revoked since
initial release on parole. A parolee has not been on condnuous parole if
he/she has been ordered returned to custody for psychiatric attention. A
return to custody period for psychiatric attenfion which is added to the
parole period shall change the parolee's discharge review date, but shall
not affect the parolee's controlling discharge date.
(5) One- and Three-Year Parolees. Parolees who were sentenced to
prison for offenses committed on or after July 1 , 1977, but on or before
December 31, 1978, shall not be scheduled for discharge review hear-
ings. These parolees will discharge after one or three years on parole or
at the expiration of the maximum period of parole (see § 25 15(c) and (e)).
(c) Prisoner Rights. The prisoner does not have a right to a personal
appearance during the review. The parolee shall receive a copy of the
board's decision, including the reasons for a decision not to discharge the
parolee. The parolee may appeal a refusal to discharge as provided in
§ 205a-§ 2056.
If the Board does not discharge the parolee, the Board shall review the
case annually thereafter undl discharge. Subsequent reviews shall be per-
formed as provided in this section.
(d) Criteria. Factors tending to indicate there is good cause to retain a
parolee on parole include:
(1) Commitment Offense. The parolee was committed to prison for
several offenses, for an offense involving weapons or great bodily harm,
for an offense which was part of large scale criminal activity or for an of-
fense which caused considerable concern in the local community.
(2) Institutional Adjustment. While in prison the parolee was involved
in serious gang activities or in general acts of violence.
(3) Parole Adjustment. While on parole the parolee has been in\ oh ed
in criminal activity even if that activity did not result in revocation of pa-
role, has been using drugs, has been involved in gang activities, is cur-
rendy undergoing criminal prosecution or is being investigated for possi-
ble prosecution. For parolees whose commitment offense is described in
Penal Code secdon 1 192.7(c), engaging in any criminal conduct or other
conduct described in § 2616(a) or (b) at any time while on parole shall
be deemed good cause to retain that parolee on parole. For any parolee,
engaging in any conduct described in § 261 6(a) at any time while on pa-
role shall be deemed good cause to retain the parolee on parole.
(4) Placement Returns. The parolee has been returned to custody for
controlled substance or psychiatric treatment.
(5) Supervision Needed. The parolee is in special need of continued
supervision for the safety of the parolee or of the public.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3000.1, 3001, Penal Code (Stats. 1978, c. 582 and Stats. 1982, c. 1406); In
re Can (1995) 38 Cal.App.4th 209.
History
1. Repealer of Article 3 (Sections 253.5-2536) and new Article 3 (Sections
2535-2537) filed 12-29-78 as an emergency; effective upon filing (Register
78, No. 52). For prior history, see Registers 78, No. 14 and 77, No. 44.
2. Certificate of Non-compliance reinstating Article 3 as it existed prior to emer-
gency repealer transmitted to AH 3- 1 4-79 and filed 3-20-79 (Register 79, No.
11).
3. Repealer of Article 3 (Sections 2535-2536) and new Article 3 (Sections
2535-2536) filed 3-15-79 as an emergencv; effective upon filing (Register 79,
No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79. No. 22).
5. Amendment of subsection (c) filed 6-1-79 as an emergency; effective upon fil-
ing (Reeister 79, No. 22).
6. Certificate of Compliance filed 9-26-79 (Register 79, No. 39).
7. Amendment of subsection (d) filed 12-28-79 as procedural and organizational;
designated effective 1-1-80 (Register 79. No. 52).
8. Repealer of subsection (b) and relettering of subsections (c)-(e) to subsections
(b)-(d) filed 12-22-82 by OAL pursuant to Government Code Section
1 1349.70) (Register 82, No. 52).
9. Amendment of subsection (b) filed 1 1-1.3-85; effective thirtieth day thereafter
(Register 85, No. 46).
10. Amendment of subsection (b) filed 1-20-88; operative 2-19-88 (Register 88,
No. 5).
11. Amendment of subsections (b)( 1) and (d)(3) and Noth filed 9-23-96; opera-
tive 10-23-96 (Register 96, No. 39).
12. Amendment of section and Note filed 10-22-98 as an emergency; operative
10-22-98 (Register 98, No. 43). A Certifieate of Compliance must be trans-
mitted to OAL by 2-19-99 or emergency language will be repealed by opera-
tion of law on the following day.
13. Certificate of Compliance as to 10-22-98 order transmitted to OAL 1 5-99
and filed 2-10-99 (Register 99, No. 7).
§ 2536. Early Discharge.
A prisoner or parolee may request a period of parole shorter than the
period of parole specified in § 2515. If the board sets the length of parole,
the prisoner or parolee may request a shorter period of parole at a parole
consideration or revocation hearing. If the department sets the length of
parole, the prisoner or parolee may request a shorter period of parole from
the department and may request subsequent review by the board (see
Sections 2525-2526). The board may grant an early discharge upon its
own motion.
Page 89
Register 2008, No. 13; 3-28-2008
§ 2536.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTI:: Authorily cited: Section 5076.2, Penal Code. Reference: Section 3000, Pe-
nal Code (Stats. 1978, c. 582).
History
1. Certificate of Compliance filed 5-30-79 (Register 79. No. 22).
2. Amendment filed 12-28-79 as procedural and orsanizational; desianated effec-
tive 1-1-80 (Register 79, No. 52).
§ 2536.1 . Review of Parole Discharge Recommendation
After 180 Days of Parole Supervision.
(a) General. Upon the recommendation by the Division of Adult Pa-
role Operations (DAPO) (formerly the Parole and Community Services
Division), the board shall review the DAPO recommendation and con-
sider whether discharge of specified low risk parolees after 180 days of
parole supervision furthers the interest of public safety. Low risk parol-
ees are non-serious, non-violent offenders, as those terms are defined in
Title L5 of the CCR, Section 3000, and who are assessed as low risk pur-
suant to the DAPO Earned Discharge Assessment as set forth in Title 15
of the CCR. Section 3073.4.
(b) Recommendation. DAPO shall submit its recommendation made
pursuant to subdivision (a) to the board upon completion of the parolee's
fifth month of continuous parole as that term is defined in § 2535(b)(4).
For purposes of this section, the period of parole shall commence the day
following the day the parolee was released from the institution.
(c) Reviews. Board reviews for discharge pursuant to this section shall
be conducted by a Deputy Commissioner or an Associate Chief Deputy
Commissioner.
(d) Procedure. The prisoner does not have a right to personal appear-
ance during the review. The parolee shall receive a copy of the board's
decision.
If the board does not discharge the parolee, the board shall reaffirm the
discharge review date associated with the statutory period of continuous
parole defined in Penal Code section 3001 . The decision not to discharge
the parolee after 1 80 days shall not prevent the parolee from discharging
30 days after the completion of the statutory period of continuous parole
unless DAPO recommends to the board that the parolee be retained on
parole and the board, for good cause, determines the parolee will be re-
tained on parole in accordance with Penal Code section 3001.
(e) Information considered. The board shall consider the DAPO rec-
ommendation including their assessment of risk as measured by the
Earned Discharge Assessment as provided in Title 15, CCR Section
3075.4.
(f) Criteria. Factors indicating there is justification for the 1 80-day
discharge include:
( ! ) Parole adjustment: The parolee has remained violation-free; has
secured employment earning wages that cover a substantial portion of his
or her needs, attends school on at least a part-time basis, or some com-
bination of employment and school attendance, or implemented other
plans indicating law-abiding integration into the community; developed
reasonably stable relationships with others; secured a stable residence
that may include permanent residential treatment such as a board-and-
care facility when appropriate; is complying with special conditions of
parole; participated in volunteer activity and/or self-help programs
available in the community; is in substantial compliance with any restitu-
tion fines and orders in accordance with Penal Code section 3000(a)(3).
(2) Institutional behavior. The parolee participated in institutional ac-
tivities that indicated an enhanced ability to function within the law upon
release. The parolee is not identified as a validated gang member,
associate, affiliate or inactive, according to records of the California De-
partment of Corrections and Rehabilitation.
(3) Additional Factors. Any other positive supplemental information
from DAPO during the review period.
(g) Denial Criteria. Factors indicating there is insufficient justification
for the 180-day discharge include:
(1) The parolee is required to register in accordance with Penal Code
sections 451.7 (Arson Offense) or 290 (Sex Offense), regardless of
whether the registerable offense was a non-serious felony conviction.
(2) The parolee's criminal history within the past 10 years includes a
conviction for any serious or violent felony as defined in Penal Code sec-
tions 1 192.7(c), 1 192.8 or 667.5(c).
(3) Additional Factors. Any other information indicating that the pa-
rolee requires a longer period of parole supervision or that discharge of
the parolee would present a risk to public safety.
NOTE: Authority cited: Section 12838.4, Government Code; and Sections 3052
and 5076, Penal Code. Reference: Section 3000, Penal Code
History
1 . New section filed 10-9-2007 as an emergency; operative 10-9-2007 (Register
2007, No. 41). A Certificate of Compliance must be transmitted to OAL by
4-7-2008 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 3-27-2008 as an emergency; operative 3-27-2008 (Regis-
ter 2008, No. 1 3). A Certificate of Compliance must be transmitted to OAL by
6-25-2008 or emergency language will be repealed by operation of law on the
following day.
§ 2537. Statutory Discharge.
If a parolee has not been discharged under Section 2535 or 2536, the
parolee shall discharge after serving the maximum period of parole spe-
cified in Section 2515.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Pe-
nal Code.
History
1 . New section filed 10-25-79; effective thirtieth day thereafter (Register 79, No.
43).
Article 4. Multijurisdictional Regulations
§ 2545. Conditions of Parole.
(a) Concurrent Parolees. All concurrent an California concurrent pa-
rolees may also have parole conditions established by the authorities of
the incarcerating jurisdictions in addition to the California Notice and
Conditions. Only the authorities of the incarcerating jurisdiction can
modify the parole conditions they have established for concurrent and
California concurrent parolees.
(b) Cooperative Parolees. Cooperative parolees shall be supervised in
the receiving state by the authorities of the receiving state according tc
the same standards which prevail for its own parolees.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
§ 2546. Reconsideration of Length and Conditions of
Parole.
(a) Board Established Length and Conditions of Parole. For multijuris-
diction prisoners and multijurisdiction parolees whose length and condi-
tions of parole were set by the board, reconsideration shall be by appeal
as provided in Sections 2073-2075. For multijurisdiction prisoners who
are released to supervision in a California community, reconsideration
shall be by appeal as provided in Sections 2050-2056.
(b) Department Established Length and Conditions of Parole. Multiju-
risdiction prisoners and parolees whose length and conditions of parole
were set by the department must first appeal the department's decision
through the department appeal process (See Title 15, California Admin-
istrative Code, Section 3003). The board will not consider the request un-
til the department appeal is final. When the department appeal is final the
prisoner may request board reconsideration of the department estab-
lished length and conditions of parole. For multijurisdiction prisoners
who are released to supervision in California community, board recon-
sideration of a department set length and conditions of parole shall be as
specified in Sections 2525-2526.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 5077, Pe-
nal Code.
History
1. Amendment of subsection (a) filed 10-27-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 12-28-79 as procedural and organizational; designated effec-
tive 1-1-80 (Register 79, No. 52).
Page 90
Register 2008, No. 13; 3-28-2008
Title 15
Board of Prison Terms
§2572
§ 2547. Filing the Request for Reconsideration.
The multijurisdiction prisoner or parolee must file the request for re-
consideration within 30 days of notice of the department's final decision.
The request shall be prepared as specified in Section 2526.
NOTH; Authority cited: Section 5076.2, Penal Code. Reference: Section 5077, Pe-
nal Code.
History
1 . Amendment tiled 12-28-79 as procedural and orsanizational; designated effec-
tive 1-1-80 (Register 79, No. 52).
§ 2548. Submitting the Request.
The multijurisdiction prisoner or parolee shall submit the request to
the person responsible for the prisoner's or parolee's first level of appeal
as provided in § 2074. Department staff shall log the appropriate infor-
mation when the request is received. This information shall include the
name and number of the person filing the request, the date the request was
received, and the date the request was forwarded to the board.
§ 2549. Right to Appeal.
A multijurisdiction prisoner or parolee objecting to the decision on re-
consideration may appeal the decision as provided in Sections
2074-2075.
Article 5. Mentally Disordered Offender
Certification and Hearing Procedures
§ 2570. Terminology.
For the purposes of this article the following terms mean:
(a) Certification Hearing: A hearing conducted by the board for the
purpose of determining whether or not a prisoner meets the criteria to be
treated as a mentally disordered offender pursuant to Penal Code section
2962.
(b) Independent Professional: Psychiatrists and Licensed Psycholo-
gists with a doctoral degree in psychology on lists submitted to the board
by Department of Corrections and the State Department of Mental
Health.
(c) Inpatient Treatment: Mental health treatment provided in a secure
facility of the State Department of Mental Health.
(d) Mentally Disordered Offender: A prisoner who meets the criteria
for mental health treatment as a condition of parole pursuant to Penal
Code section 2962.
(e) Placement Hearing: A hearing conducted by the board to determine
whether a prisoner shall be treated as an inpatient or an outpatient.
(0 Outpatient Treatment: Mental health treatment provided by a local
outpatient program specified by the State Department of Mental Health.
(g) Remission: A finding that the overt signs and symptoms of the se-
vere mental disorder are controlled either by psychotropic medication or
psychosocial support.
(h) "Cannot Be Kept in Remission Without Treatment": A person
"cannot be kept in remission without treatment" if during the year prior
to the question being before the board or a trial court, he or she has been
in remission and he or she has been physically violent, except in self-de-
fense, or he or she has made a serious threat of substantial physical harm
upon the person of another so as to cause the target of the threat to reason-
ably fear for his or her safety or the safety of his or her immediate family,
or he or she has intentionally caused property damage, or he or she has
not voluntarily followed the treatment plan. In determining if a person
has voluntarily followed the treatment plan, the standard shall be whether
the person has acted as a reasonable person would in following the treat-
ment plan.
(i) Serious Bodily Injury: "Serious Bodily Injury" means a serious im-
pairment of physical condition, including, but not limited to, the follow-
ing: loss of consciousness; concussions; bone fracture; protracted loss or
impairment of functions of any bodily member or organ; a wound requir-
ing extensive suturing; and serious disfigurement.
(j) Severe Mental Disorder: An illness or disease or condition which
substantially impairs the person's thought, perception of reality, emo-
tional process, or judgment; or which gros.sly impairs behavior; or which
demonstrates evidence of an acute brain syndrome for which prompt re-
mission in the absence of treatment is unlikely.
"Severe Mental Disorder" does not include a personality or adjust-
ment disorder, epilepsy, mental retardation orother developmental dis-
abilities, or addiction to or abuse of intoxicating substances.
(k) Annual Review Hearing. An annual hearing conducted by the
board if the parolee is retained on parole under the provisions of Penal
Code section 3001 to determine whether the parolee continues to meet
the criteria set forth in Penal Code section 2962; and if the parolee is still
an inpatient, whether he or she shall be treated as an inpatient or outpa-
tient.
NOTE: Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec-
tions 243, 2962, 2964, 2966, 2978(a) and 3001. Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance mu.st be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Govcmnient Code
section 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. New subsection (k) and amendments to reference citation filed 2^ 9 ] : opera-
tive 3-6-91 (Register 91, No. 11).
§ 2571 . Criteria for Certification as Mentally Disordered
Offender.
As a condition of parole, a prisoner who meets the following specified
criteria shall be required to be treated by the State Department of .Mental
Health and the State Department of Mental Health shall provide the nec-
essary treatment:
(a) The prisoner has a severe mental disorder.
(b) The mental disorder is not in remission, or cannot be kept in remis-
sion without treatment.
(c) The severe mental disorder was one of the causes of or was an ag-
gravating factor in the commission of a crime for which the prisoner was
sentenced to prison.
(d) The crime referred to in section 2571, subdivision (c), for which
the prisoner was sentenced to prison, must have been a crime in which
the prisoner used force or violence, or caused serious bodily injury, and
must have occurred on or after January 1 , 1 986.
(e) The prisoner has been in treatment for the severe mental disorder
for ninety (90) days or more within the year prior to the prisoner's parole
or release.
(f) The prisoner represents a substantial danger of physical harm to
others by reason of his or her severe mental disorder. Substantial danger
of physical harm does not require proof of a recent overt act.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 2962 and 2980, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Govemmenl Code
section 1 1.346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (e) and new subsection (f) and amendments to refer-
ence citations filed 2-4-91; operative 3-6-91 (Register 91, No. 1 1 ).
§ 2572. Certification.
(a) Prior to release on parole, or imposifion of a special condition of
mental health treatment under the provisions of Penal Code sections
2960 through 2980, the person in charge of treating the prisoner and a
practicing psychiatrist or psychologist from the Department of Mental
Health shall evaluate the prisoner at a facility of the Department of Cor-
rections, and a Chief Psychiatrist of the Department of Corrections shall
cerfify to the board that the prisoner has a severe mental disorder, that the
disorder is not in remission, or cannot be kept in remission without treat-
ment, that the severe mental disorder was one of the causes or was an ag-
gravating factor in the prisoner's criminal behavior, that the prisoner has
been in treatment for the severe mental disorder for 90 days or more with-
in the year prior to his or her parole release day, and that the prisoner used
Page 91
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§ 2573
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
force or violence or caused serious bodily injury in committing the crime
referred to in section 257 1 , the crime occurred on or after January 1 ,
1986, and that by reason of his or her severe mental disorder, the prisoner
represents a substantial danger of physical harm to others.
(b) The certification shall contain a clear statement that the prisoner
does or does not meet the criteria of Penal Code section 2962 and all sup-
porting documentation leading to the conclusion shall be attached.
(c) The certification evaluations shall be conducted at a facility of the
Department of Corrections or the State Department of Mental Health by
the person in charge of treating the prisoner and a practicing psychiatrist
or psychologist from the State Department of Mental Health or Depart-
ment of Corrections. A Chief Psychiatrist of the Department of Correc-
tions will complete the certification. For prisoners being treated by the
State Department of Mental Health pursuant to Penal Code section 2684.
the certification shall be by a Chief Psychiatrist of the Department of Cor-
rections, and the evaluations shall be done at a state hospital by the person
in charge of treating the prisoner and a practicing psychiatrist or psychol-
ogist from the Department of Corrections.
NOTIi: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 2962 and 2980, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88. No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsections (a) and reference citations filed 2-4-91; operative
3-6-91 (Register 91. No. 11).
§ 2573. Board of Prison Terms' Review of Certifications.
(a) The board's Central Office Calendar Deputy Commissioner shall
review the Department of Corrections' certification to the board to ascer-
tain if the psychiatrists or psychologists conducting the evaluation did or
did not concur that:
( 1 ) The prisoner has a severe mental disorder; or
(2) The disorder is not in remission or cannot be kept in remission
without treatment; or
(3) That the severe mental disorder was a cause of, or aggravated the
prisoner's criminal behavior.
The Deputy Commissioner shall also review the supporting docu-
ments to ascertain whether or not the conclusions are supported by the
facts contained in the supporting documents.
(b) If it is ascertained that there was a difference of opinion concerning
any of the above, the board shall appoint two (2) independent psychia-
trists or licensed psychologists from the approved lists, provided by the
State Department of Mental Health and the Department of Corrections
to evaluate the prisoner to determine if he or she meets the criteria of Pe-
nal Code section 2962. Only if both independent professionals concur
with the chief psychiatrist's certification, shall the provisions of Penal
Code section 2962 be applicable to the prisoner.
Prior to release on parole, the board's Central Office Calendar shall re-
view the certification to determine if the prisoner meets the criteria re-
quired for treatment as a mentally disordered offender.
(c) If the board finds that the criteria of Penal Code section 2962 are
met it shall order the prisoner's treatment by the State Department of
Mental Health as a condition of parole.
(d) The board shall notify the appropriate Department of Corrections
Classification and Parole Representative prior to the prisoner's release
date that either:
( 1) It has ordered the prisoner be treated by the Department of Mental
Health pursuant to Penal Code section 2962, or
(2) It does not find that the criteria of Penal Code section 2962 are met
and the Department of Corrections is to proceed with normal parole pro-
cedures.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 2962 and 2978, Penal Code.
History
1 . New section filed 12-7-87 as an emergency: operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Government Code
section 11 346.1 (R^egister 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment to reference citations filed 2— 1-91 ; operative 3-6-91 (Register 91 ,
No. 11).
§ 2574. Notification to Prisoner/Parolee.
Upon receipt of the board's certification review action by the Classifi-
cation and Parole Representati\ e, the Department of Corrections staff
shall inform the prisoner of the decision. If treatment has been ordered
as a condition of parole pursuant to Penal Code section 2962. the prisoner
shall be served with conditions of parole which will reflect the special
condition of treatment in addition to any others, be informed in writing
of the right to request a hearing, and that he/she has the right to request
an evaluation by two independent professionals from the approved lists
provided by the State Department of Mental Health and the Department
of Corrections. If applicable, the prisoner shall also be processed for
transfer to a designated State Department of Mental Health facility.
NOTti: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
2966. Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88. No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88. No. 42).
4. Amendment to reference citations filed 2-4-91 ; operative 3-6-9 1 (Register 9 1 ,
No. 11).
§ 2575. Prisoner's Options Following Notification of
Special Condition of Parole.
Upon notification of the board ordered special condition of parole of
treatment pursuant to Penal Code section 2962, the prisoner has the fol-
lowing options:
(a) Sign the special condition of parole imposed pursuant to Penal
Code section 2962 and be transferred to a State Department of Mental
Health facility.
(b) Refuse to sign the special condition of parole imposed pursuant to
Penal Code section 2962 and be scheduled for a parole revocation hear-
ing with counsel pursuant to Penal Code section 3060.5.
(c) Sign the special condition of parole imposed pursuant to Penal
Code section 2962 and request a certification hearing before the board.
NOTE: Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec-
tions 2962 and 3060.5, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88. No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (a) and reference citation filed 2-^-91; operative
3-6-91 (Register 91, No. 11).
§ 2576. Certification Hearing.
(a) The purpose of a certification hearing is to determine whether or
not the prisoner/parolee, in fact, meets the criteria required for treatment
by the State Department of Mental Health as a condition of parole as set
forth in Penal Code section 2962.
(b) ( 1 ) The standard of proof used by the board at this hearing shall be
a preponderance of evidence standard.
(2) The burden of proof to establish that the prisoner meets the criteria
set forth in Penal Code section 2962 shall be on the person or agency that
so cerufied.
(3) The prisoner/parolee shall have the rights specified in
§§ 2245-2256.
(4) An attorney shall be appointed or retained to represent the prisoner
or parolee. Attorney waivers will not be accepted.
Page 92
Register 2008, No. 13; 3-28-2008
Title 15
Board of Prison Terms
§ 2580
•
•
(5) The prisoner shall be informed that he/she has the right to request
an evaluation by two independent professionals from the approved list
provided by the State Department of Mental Health and the Department
of Corrections. If the prisoner or any person appearing on his or her be-
half at the hearing requests it, the board shall appoint two independent
professionals as defined in Penal Code section 2978.
(6) The record of the hearing shall be a tape recording.
(7) Written Decision. The prisoner and his or her attorney shall receive
a copy of the decision specifying the decision, the information consid-
ered, and the reasons for the decision.
(8) A prisoner may appeal a certification hearing decision pursuant to
§ 2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
(10) The prisoner shall be informed at the hearing of his or her right
to request a trial on whether he or she meets the criteria of Penal Code
section 2962.
(11) The board shall provide a prisoner who requests a trial a petition
form and instructions for filing the petition.
NOTi:: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 2966 and 2978, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(5) and reference citation, and new subsection
(b)(ll) filed 2^-91; operative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emer-
gency; operative 7-1-2003 (Register 2003, No. 26). A Certificate of Com-
pliance must be transmitted to OAL by 10-29-2003 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL
10-24-2003 and filed 11-7-2003 (Register 2003, No. 45).
§ 2577. Mental Health Treatment Program.
(a) The mental health treatment required as a condition of parole by the
board shall be inpatient unless the State Department of Mental Health
certifies to the board that there is reasonable cause to believe the parolee
can be safely and effectively treated on an outpatient basis, in which case
the board shall permit the State Department of Mental Health to place the
parolee in an outpatient program specified by the State Department of
Mental Health.
(b) Before deciding to seek revocation of the parole of a parolee re-
ceiving mental health treatment pursuant to Penal Code section 2962, and
returning the parolee to prison, the parole agent shall consult with the Di-
rector of the parolee's outpatient program.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
2964, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operadve 10-6-88 (Register 88, No. 42).
4. Amendment to reference citation filed 2-4-91 ; operadve 3-6-91 (Register 91,
No. 11).
§ 2578. Placement Hearings.
(a) If the State Department of Mental Health has not placed a parolee
on outpatient treatment within sixty (60) days after receiving custody of
the parolee or after parole is continued pursuant to Penal Code section
3001, the parolee may request a hearing before the board to determine
whether he or she shall be treated as an inpatient or an outpatient.
(b)( 1 ) The standard of proof used at this hearing shall be a preponder-
ance of the evidence standard.
(2) The burden of proof shall be on the State Department of Mental
Health to establish that the prisoner requires inpatient treatment.
(3) The prisoner/parolee shall have the rights specified in
§§ 2245-2256.
(4) An attorney shall be appointed or retained to represent the prisoner
or parolee. Attorney waivers will not be accepted.
(5) Parolees shall be informed that they have a right to request evalua-
tions by two (2) independent professionals from the approved list pro-
vided by the Department of Corrections and the State Department of
Mental Health. If the prisoner or any person appearing on his or her be-
half at the hearing requests it, the board shall appoint two independent
professionals as defined in Penal Code section 2978.
(6) The record of the hearing shall be a tape recording.
(7) Written Decision — The parolee and his attorney shall receive a
copy of the decision specifying the decision, the information considered
and the reasons for the decision.
(8) A parolee may appeal a placement hearing decision pursuant to
§ 2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
NOTIi: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
2964, Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL v\ithin 120
days or emergency language will be repealed on 4-6^-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code
sectio'n 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of subsection (b)(4) and reference citation filed 2^i~^) 1 ; operative
3-6-91 (Register 91. No. 11).
5. Amendment of subsections (b)(3), (b)(8) and (b)(9) filed 6-24-2003 as an emer^
gency; operative 7-1-2003 (Regi.ster 2()()3. No. 26). A Certificate ot Com^
pliance must be transmitted to OAL by 10-29-2003 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL
10-24-2003 and filed 1 1-7-2003 (Register 2003. No. 45).
§ 2579. Parole Violations.
Certification for mental health treatment pursuant to Penal Code sec-
don 2962 does not eliminate the requirement that P&CSD shall report be-
havior to the board as specified in section 2616(a), or violation of the
board imposed special condidons of parole. This policy applies to parol-
ees on inpadent or outpadent status.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
2962, Penal Code.
History
1. New secdon filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Emergency language filed 1 2-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88, No. 42).
4. Amendment of reference citation filed 2-4-91 ; operative 3-6-91 (Register 91,
No. 11).
§ 2580. Discharge Review and Annual Review Hearings.
(a) If the P&CSD at the dme of the review required by § 2535 recom-
mends that the parolee be retained on parole and to reaffirm the special
condition of treatment by the State Department of Mental Health, and the
decision of central office calendar is to retain and reaffirm, the parolee
is entitled to an Annual Review Hearing conducted under the provisions
of subdivision (b) of this secdon.
(b) The purpose of die hearing is to determine whether.
(1) The parolee has a severe mental disorder. The parolee's severe
mental disorder is not in remission or cannot be kept in remission without
treatment.
(2) The crime occurred on or after January 1 , 1 986.
(3) The prisoner represents a substantial danger of physical harm to
others by reason of his or her severe mental disorder.
(4) The parolee can be safely and effectively treated on an outpatient
basis if the parolee is still being treated as an inpadent.
(c)(1) The standard of proof used by the board at this hearing shall be
a preponderance of the evidence standard.
Page 92.1
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§2580
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) The burden of proof shall be on the State Department of Mental
Health to establish that the parolee is not in remission or cannot be kept
in remission without treatment and requires further treatment.
(3) The parolee shall have the rights specified in §§ 2245-2256.
(4) An attorney shall be appointed or retained to represent the parolee.
Attorney waiver will not be accepted.
(5) The record of the hearing shall be a tape recording.
(6) Parolees shall be informed that they have a right to request evalua-
tion by two (2) independent professionals from the approved list pro-
vided by the Department of Corrections and State Department of Mental
Health. If the prisoner or any person appearing on his or her behalf at the
hearing requests it, the board shall appoint two independent profession-
als as defined in Penal Code section 2978.
(7) The parolee and attorney shall receive a copy of the decision speci-
fying the decision, the information considered, and the reasons for the de-
cision.
(8) A parolee may appeal the decision pursuant to § 2050.
(9) The hearing shall be conducted by one Deputy Commissioner.
(10) The parolee shall be informed at the hearing of his or her right to
request a trial under the provisions of law.
Note-. Authority cited: Sections 3052 and 5076.2, Penal Code. Reference; Sec-
tions 2962, 2964, 2966. 2978 and 2980. Penal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days of emergency language will be repealed on 4-6-88.
2. Emergency language filed 12-7-87 repealed by operation of Government Code
section 1 1346.1 (Register 88, No. 42).
3. New section filed 10-6-88; operative 10-6-88 (Register 88. No. 42).
4. Amendment of subsections (b) and (c) and reference citations filed 2— 1-91 ; op-
erative 3-6-91 (Register 91, No. 11).
5. Amendment of subsections (a). (b)( 1 ), (b)(3), (b)(8) and (b)(9) filed 6-24-2003
as an emergency; operative 7-1-2003 (Register 2003. No. 26). A Certificate of
Compliance must be transmitted to OAL by 10-29-2003 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 7-1-2003 order transmitted to OAL
10-24-2003 and filed 1 1-7-2003 (Register 2003, No. 45).
[The next page is 93.]
Page 92.2
Register 2008, No. 13; 3-28-2008
Title 15
Board of Prison Terms
§ 2601
Chapter 6. Parole Revocation
Article 1. Parole Hold Policy
§ 2600. General.
A parole agent may impose a parole hold only when the parole agent
determines that the parolee falls within the criteria listed in Section 2601 ,
and there is probable cause to believe the parolee has violated parole.
The hold decision must be made in every case regardless of the type
of crime or parole violation with which the parolee is charged and regard-
less of whether another criminal justice agency is detaining the parolee.
A parole agent may place a parole hold on a parolee when he is already
confined as the result of a new criminal charge or may arrest a parolee
and place him in a local jail facility on a parole hold pending investigation
of alleged parole violations.
The fact that a parolee has been released on bail or his own recogni-
zance does not serve as a substitute for the parole agent's decision to
place a hold. The board must consider the threat to the community. A case
may be presented to the board at the central office calendar for a decision
regarding the placement of a parole hold.
An absconder whose parole has been suspended and who has been
subsequently apprehended, but who does not require the placement of a
parole hold under one of the criteria listed in Section 260 1 should be re-
ported to the board at the central office calendar to be reinstated on parole
pending further determination, and any outstanding warrants should be
recalled.
The primary concern shall be for public safety.
Note: Authority cited: Section 3052, Penal Code. Reference: Sections 3000(b)(7)
and 3060, Penal Code.
History
1 . New final paragraph and Note filed 9-23-96; operative 1 0-23-96 (Register 96,
No. 39).
§ 2600.1 . Sexually Violent Predator Screening, Holds, and
Board Determinations.
(a) Upon notification from the Division of Adult Institutions, Depart-
ment of Mental Health, or Board of Parole Hearings (board) staff that ei-
ther an inmate or parolee in revoked status may or does require a full eval-
uation pursuant to subdivisions (c) through (i) inclusive of Welfare and
Institutions Code section 6601 to determine whether that person may be
subject to commitment as a sexually violent predator, the board may or-
der imposition of a temporary hold on the person for up to three (3) work-
ing days beyond their scheduled release date pending a good cause deter-
mination by the board pursuant to section 6601.3 of the Welfare and
Institutions Code where exceptional circumstances preclude an earlier
evaluation by the person pursuant to section 6601 of the Welfare and
Institutions Code.
(b) Staff shall document that either inmates or parolees in revoked sta-
tus subject to the temporary hold in subdivision (a) of this section either
have been screened or are in the process of being screened as a person
likely to be a sexually violent predator pursuant to Welfare and Institu-
tions Code section 6601(b). The good cause determination by the board
pursuant to subdivisions (c) and (d) of this section must occur within the
time period of the temporary hold.
(c) Board determinations pursuant to Welfare and Institutions Code
section 6601.3 shall be conducted by one commissioner or one deputy
commissioner.
(d) For purposes of this section, good cause to place a 45-day hold pur-
suant to Welfare and Institutions Code section 6601.3 exists when either
the inmate or parolee in revoked status is found to meet all the following
criteria:
( 1 ) Some evidence that the person committed a sexually violent of-
fense by force, violence, duress, menace, or fear of immediate and un-
lawful bodily injury on the victim or another person, or threatening to
retaliate in the future against the victim or any other person on, before,
or after January 1 , 1 996, which resulted in a conviction or a finding of not
guilty by reason of insanity of one or more felony violations of the fol-
lowing Penal Code Sections: 261. 262, 264.1, 269, 286, 288, 288(a),
288.5, 289 or any felony violation of sections 207, 209 or 220, committed
with the intent to commit a violation of .sections 261. 262, 264.1, 286.
288, 288a, or 289. The preceding felony violations must be against one
or more victims.
If the victim of one of the felony violations listed above is a child under
14, then it is considered a sexually violent offense.
A prior finding of not guilty by reason of insanity for an offense de-
scribed in this subdivision, a conviction prior to July 1, 1977 for an of-
fense described in this subdivision, a conviction resulting in a finding that
the person was a mentally disordered sex offender, or a conviction in
another state for an offense that includes all of the elements of an offense
described in this subdivision, shall also be deemed to be a sexually vio-
lent offense, even if the offender did not receive a determinate sentence
for that prior offense.
(2) Some evidence that the person is likely to engage in sexually vio-
lent predatory criminal behavior.
(e) Holds imposed under this section shall start the day following the
scheduled release date of the inmate or parolee in revoked status and will
terminate no later than the 45th day following the scheduled release date.
Holds shall terminate sooner if the person is not referred to the Depart-
ment of Mental Heath as a result of the screening process or upon a deter-
mination by the Department of Mental Health that the person is not a
sexually violent predator or upon superior court decisions pursuant to
Welfare and Institutions Code sections 6601.5 or 6602.
(f) The parole period of any person found to be a sexually violent pred-
ator shall be tolled until that person is found no longer to be a sexually
violent predator, at which time the period of parole or any remaining por-
tion thereof shall begin to run.
Note: Authority cited: Section 12838.4, Government Code; and Sections 3052
and 5076.2 Penal Code. Reference: Sections 6600, 6600. 1 , 6601 and 6001 .3. Wel-
fare and Institutions Code; and Section 3000, Penal Code.
History
1. New section filed 12-26-95 as an emergency; operative 1-1-96 (Register 95.
No. 52). A Certificate of Compliance must be transmitted to OAL by 4-30-96
or .emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 12-26-95 order transmitted to OAL 4-24-96
and filed 6-6-96 (Register 96, No. 23).
3. Amendment of subsecfions (b)-(c)(3) and (e), new subsection (f) and amend-
ment of Notk filed 1-24-97 as an emergency; operative 1-24-97 (Register 97,
No. 4). A Certificate of Compliance must be transmitted to OAL by 5-26-97
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 1-24-97 order, including further amendment of
subsection (c)(1), transmitted to OAL 4-1 1-97 and filed 5-15-97 (Register 97,
No. 20).
5. Amendment of section heading, section and NoTi-; filed 4-18-2007 as an emer-
gency; operative 4-18-2007 (Register 2007, No. 16). A Certificate of Com-
pliance must be transmitted to OAL by 10-15-2007 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-18-2007 order, including amendment of sub-
sections (d) and (d)(1), transmitted to OAL 10-15-2007 and filed 1 1-29-2007
(Register 2007, No. 48).
§ 2601 . Criteria for Placement of a Parole Hold.
(a) A parolee suspected of a parole violation may be detained by a pa-
role hold for any of the following reasons:
(1) He is a danger to himself.
(2) He is a danger to the person or property of another.
(3) He may abscond.
(b) In addition, a parole hold may be placed where the parolee is al-
leged to be a person described in Section 2616(a)( 14).
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
3056, Penal Code.
History
1 . Amendment of section title filed 10-27-77 as an emergency; effective upon til-
ing. Certificate of Compliance included (Regi.ster 77, No. 44).
2. Amendment filed 10-5-89; operative 1 1^-89 (Register 89. No. 41 ).
Page 93
Register 2007, No. 48; 11-30-2007
§2602
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
3. Change without regulatory effeet amending subsection (b) filed 5-8-2001 pur-
suant to section 100. title 1. California Code olRegulations (Register 2001 . No.
19).
§ 2602. Factors Considered.
Examples of factors to be considered in deciding whether to place a
parole hold include:
(a) The emotional or mental health of the parolee resulting in the parol-
ee being a danger to self or others, or being unable to adequately take care
of himself or herself.
(b) The presence of drug or alcohol abuse. If dioig or alcohol abuse is
the only factor warranting a parole hold, the parolee should be placed in
jail on a parole hold only when there is no suitable alternative available,
such as a hospital or detoxification center with adequate security.
(c) The seriousness of the alleged parole violation.
(d) Prior instances of assaultive behavior when the present violation
relates to danger to others.
(e) Involvement in the transportation, sale, or distribution of narcotics
or dangerous restricted drugs.
(0 Present threats of violence.
(g) Repeated unlawful conduct during the parolee's current parole in
contrast to a "one-time" incident.
(h) Record of escapes from custody or absconding from parole, proba-
tion or bail.
(i) Nomadic geographical pattern of prior arrests.
(j) Employment history and stability.
(k) Residential pattern.
(/) Nature of family and community relationships.
(m) Necessary psychiatric treatment cannot be obtained in the com-
munity.
(n) Conduct indicating that the parolee's mental condition has deterio-
rated such that the parolee is likely to engage in future criminal behavior.
NOTE: Authority cited: Sections 3052 and 5076.2. Penal Code; and Terhune v. Su-
perior Court {Whitley}, 65 Cal.App.4th 864. Reference: Section 3056, Penal Code.
History
1. Amendment of subsection (a) and new subsection (m) filed 10-5-89; operative
1 1-^1-89 (Register 89, No. 41).
2. New subsection (n) and amendment of Note filed 8-26-98 as an emergency;
operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must be
transmitted to OAL by 12-24-98 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance as to 8-26-98 order transmitted to OAL 1 1-5-98 and
filed 12-21-98 (Register 98, No. 52).
§ 2603. Review of a Parole Hold.
(a) Initial Review. As soon as possible, but no later than 4 days after
the placement of a parole hold, the parole agent must have a case confer-
ence with the unit supervisor to determine whether the parole hold should
be continued.
(b) Replacing a Parole Hold. Once a parole hold is dropped, it should
not be replaced unless new information has been received which indi-
cates that the parolee falls within Section 2601 . If the parole hold is re-
placed, the parolee shall be given the reasons in writing as provided in
Section 2604.
(c) Later Removal of a Parole Hold. In appropriate cases, the district
administrator may later remove a parole hold.
(d) Board Review. The board is authorized to order a parole hold
placed, replaced, or removed at any time. The board decision regarding
a parole hold is final. On a semi-annual basis the P&CSD shall provide
the board information regarding the use of parole holds.
§ 2604. Reasons for Parole Hold.
In all cases, the parole agent must notify the parolee in writing of the
reasons for the hold as soon as possible but no later than 7 days after
placement of the parole hold. If the hold has been placed or replaced by
the board, the board must notify the parolee in writing of the reasons for
the hold. At the time the parolee is notified of the reasons for the parole
hold P&CSD staff shall also notify the parolee of his right to appeal the
decision and the procedure for filing the appeal.
History
1 . Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
§ 2605. Transfer to Prison.
Parolees on a parole hold only shall be retained in local custody pend-
ing a hearing.
(a) Medical Transfer. When a parolee presents a serious custodial risk
and requires inedical treatment necessitating hospitalization which can-
not be provided locally because of lack of adequate detention facilities
the parolee may be returned to prison upon written order of the judge of
the superior court as provided in Penal Code section 4007.
(b) Emergency Transfer. A parolee may be returned to prison on an
emergency basis if he cannot be physically retained in local custody
pendiiig a hearing, as certified in writing by the local detaining agency.
(c) Emergency Transfer: Psychiatric Treatment. A parolee may be re-
turned to prison on an emergency basis if he is alleged to be an individual
described in Section 2616(a)(14) and if he or she cannot receive neces-
sary psychiatric treatment pending a hearing, as certified in writing by the
Parole and Community Services Division.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Section
3056, Penal Code.
History
1 . New subsection (c) filed 10-5-89; operafive 1 1-4-89 (Register 89. No. 41 ).
2. Change without regulatory effect amending subsecfion (c) filed 5-8-2001 pur-
suant to section 1 00. title 1 , California Code of Regulations (Register 200 1 . No .
19).
§ 2606. Length of Parole Hold.
(a) Crimes Committed On or Before December 31, 1978. If the crime
for which the parolee was committed to prison occurred on or before De-
cember 3 1 , 1 978, the parole hold shall not remain in effect for longer than
six months.
(b) Crimes Committed On or After January 1, 1979. If the crime for
which the parolee was committed to prison occurred on or after January
1 . 1 979, the parole hold shall not remain in effect for longer than one year.
NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Secfion 3057, Pe-
nal Code.
History
1 . Amendment filed 3-1 5-79 as an emergency; effective upon filing (Register 79,
No. 11).
2. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
Article 2. Parole Violations and Reports
§2615. General.
The board is authorized to revoke parole in any case where the parolee
has violated parole. Parole violations listed in § 2616(a) and (b) must be
reported to the board. The P&CSD is authorized to dispose of any other
parolee misconduct.
NOTE: Authority cited: Section 3052, Penal Code. Reference: SecUons 3060 and
3063, Penal Code.
History
1 . Amendment of section and new NoTii filed 9-23-96; operative 1 0-23-96 (Reg-
ister 96, No. 39).
§ 2616. Reportable Information.
(a) Behavior Which Must Be Reported. The P&CSD shall report to the
board any parolee who is reasonably believed to have engaged in the fol-
lowing kinds of behavior:
( 1 ) Any conduct described in Penal Code section 667.5(c), or any con-
duct described in Penal Code section 1 192.7(c), or any assaultive con-
duct resulting in serious injury to the victim.
(2) Possession, control, use of, or access to any firearms, explosive or
crossbow or possession or use of any weapon as specified in subdivision
(a) of California Penal Code section 12020, or any knife having a blade
longer than two inches, except as provided in § 2512.
(3) Involvement in fraudulent schemes involving over $1,000.
(4) Sale, transportation or distribution of any narcotic or other con-
trolled substances as defined in division 10 of the California Health and
Safety Code.
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Register 2(X)7, No. 48; 11-30-2007
Title 15
Board of Prison Terms
§2620
(5) A parolee whose whereabouts are unknown and has been unavail-
able for contact for thirty days.
(6) Any other conduct or pattern of conduct in violation of the condi-
tions of parole deemed sufficiently serious by the P&CSD staff, includ-
ing repetitive parole violations and escalating criminal conduct.
(7) Tlie refusal to sign any form required by the Department of Justice
explaining the duty of the person to register under Penal Code section
290.
(8) The failure to provide two blood specimens, a saliva sample, right
thumb print impressions, and full palm print impressions of each hand as
provided in Penal Code sections 295 through 300.3, requiring specified
offenders to give samples before release.
(9) The failure to register as provided in Penal Code section 290. if the
parolee is required to register.
(10) The failure to sign conditions of parole.
(11) Violation of the special condition prohibiting any active partici-
pation or assistance in, or promotion or furtherance of, prison gang, dis-
ruptive group, or criminal street gang activity, as enumerated in Penal
Code section 186.22(e), if such condition was imposed.
(12) Violation of the special condition prohibiting any association
with any member of a prison gang, disruptive group or criminal street
gang, as defined in § 2513(e), or the wearing or displaying of any gang
colors, signs, symbols, or paraphernalia associated with gang activity, if
such condition was imposed.
(13) Violation of the special condition requiring compliance with any
gang-abatement injunction, ordinance, or court order, if such condition
was imposed.
(14) Conduct indicating that the parolee's mental condition has deteri-
orated such that the parolee is likely to engage in future criminal behav-
ior.
(15) Violation of the residency restrictions set forth in Penal Code sec-
tion 3003.5 for parolees required to register as provided in Penal Code
section 290.
(b) In addition, for any parolee whose commitment offense is de-
scribed in Penal Code section 1 192.7(c), the P&CSD shall report to the
board any such parolee who is reasonably believed to have engaged in
the following kinds of behavior:
( 1 ) Any behavior listed in paragraph (a).
(2) Any criminal conduct
(3) Any violation of a condition to abstain from alcoholic beverages.
(c) Behavior Which May be Reported. Any conduct which the parole
agent, unit supervisor or district administrator feels is sufficiently serious
to report, regardless of whether the conduct is being prosecuted in court.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code; and Terhune v.
Superior Court (Whitley) ( 1 998) 65 Cal.App.4th 864. Reference: Sections 1 86.22,
290, 295-300.3, 3000, 3003.5, 3053, 3056, 3057, 3060 and 3060.5, Penal Code;
and Sections 1 1561 and 1 1563, Health and Safety Code.
History
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for tech-
nical reasons (Register 78, No. 41).
3. New subsection (a)(8) filed 12-28-79 as an emergency; designated effective
1-1-80 (Register 79, No. 52). A Certificate of Compliance must be filed within
120 days or emergency language will be repealed on 5-1-80.
4. Certificate of compliance filed 5-1-80 (Register 80. No. 18).
5. Amendment of subsection (a)(7) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
6. Amendment of subsection (a)(8) filed 1 1-13-85; effective thirtieth day thereaf-
ter (Register 85, No. 46).
7. Amendment of section heading and subsection (a)(7) filed 10-5-89; operative
1 1^1-89 (Register 89, No. 41).
8. Amendment filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
9. Amendment of subsections (a)(1), (a)(2), (a)(4), (a)(6) and (a)(10), new subsec-
tions (a)( 12)-(a)(14), and amendment of subsection (c) and NOTE filed 9-5-97
as an emergency; operative 9-5-97 (Register 97, No. 36). A Certificate of Com-
pliance must be transmitted to OAL by 1-5-98 or emergency language will be
repealed by operation of law on the following day.
10. Certificate of Compliance as to 9-5-97 order transmitted to OAL 12-17 97
and filed 2-2-98 (Register 98, No. 6).
1 1 . New subsection (a)( 1 5) and amendment of NoTi-. filed 8-26-98 as an emergen-
cy; operative 8-26-98 (Register 98, No. 35). A Certificate of Compliance must
be transmitted to OAL by 1 2-24-98 or emergency language will be repealed by
operation of law on the following day.
12. Certificate of Compliance as to 8-26-98 order tran.smitted to OAL 1 1-5 98
and filed 12-21-98 (Register 98, No. 52).
13. Repealer of subsection (a)(7) and subsection renumbering filed 5-10 99 as an
emergency; operative 5-10-99 (Register 99, No. 20). A Certificate of Com-
pliance must be transmitted to OAL by 9-7-99 or emergency language will be
repealed by operation of law on the following day.
14. Certificate of Compliance as to .5-10-99 order transmitted to OAL 7 15 99
and filed 8-9-99 (Register 99, No. 33).
15. Change without regulatory effect amending subsections (a)(8) and (a)( II ) and
amending NOTi-; filed 6-28-2001 pursuant to section 100, title I, C^alifornia
Code of Regulations (Register 2001. No. 26).
16. New subsection (a)( 15) and amendment of Noil, filed 6-28-2007 as an emer-
gency: operative 6-28-2007 (Register 2()()7. No. 26). A Certificate of Com-
pliance must be transmitted to OAL by 12-26-2007 or emergency language
will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 6-28-2007 order transmitted to OAL
1 1-8-2007 and filed 1 1-29-2007 (Register 2007. No. 48).
§ 261 6.1 . Reportable Information for Sex Offenders
Undergoing Chemical Treatment.
The Department shall report failure to report for or cooperate with
scheduled sex offender chemical hormone treatment to the Board.
No n;: Authority cited: Sections 3052 and 5076. 1 , Penal Code. Reference: Section
645, Penal Code.
Hlstory
1. New secnon filed 10-13-98; operative 1 1-12-98 (Register 98, No. 42).
§2617. Investigation.
A parole agent shall investigate all cases of a parolee suspected of a
parole violation. All available facts relating to the charged violation shall
be documented. If the parolee is suspected of a violation which is being
investigated as a new crime by a police agency, the parole agent should
obtain a copy of the arresting agency's arrest and investigation report. If
the parolee is suspected of a violation which is not being investigated as
a new crime by a police agency, the parole agent should interview all per-
sons who have knowledge of the conduct and record their statements.
§ 2618. Parole Violation Report.
The parole violation report is a document prepared by the parole agent
specifying the parole violation charges against a parolee, and containing
or referring to the information known to the parole agent relevant to the
charges. The parole violation report shall include a resume of the parol-
ee's adjustment to community supervision. Any documents which relate
to the parole violation shall be attached to the report or specifically identi-
fied in the report.
§ 2619. Supplemental Parole Violation Reports.
A supplemental parole violation report may be submitted to: report
significant new information or evidence which tends to prove or disprove
the violations previously charged; note court actions on charges which
are being prosecuted in a criminal proceeding; expand, clarify or correct
information in an earlier report; add or amend charges before a hearing
is scheduled; provide the board with information not related to the viola-
tion, but which may affect the board's decision regarding the appropriate
disposition; provide additional information to the board at any time re-
quested by the board; or change the P&CSD recommendation. A copy
of the supplemental parole violation report shall be given to the parolee
within 4 days after the report has been submitted to the Board.
Note: Authority cited: Section 576.2, Penal Code. Reference: Sections 3052.
3053 and 3063, Penal Code.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Amendment filed 5-28-81; effective thirtieth day thereafter (Register 81, No.
22).
§ 2620. Recommendations.
The P&CSD shall recommend the appropriate alternative necessary to
deal with the violation charged. The primary concern shall be for the pub-
Page 95
Register 2007, No. 48; 11-30-2007
§2635
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
lie safety. In a parole violalion report the P&CSD may make the follow-
ing reeommendations:
(a) Continue on Parole. This recommendation may be used when the
violation charged is not serious enough to warrant reimprisonment. A
continue on parole recommendation may include a recommendation to
delete, modify, or add special conditions of parole.
(b) Local Program. This recommendation may be used when the viola-
tion charged does not require reimprisonment of the parolee but does re-
quire treatment which can be obtained in a community facility or pro-
gram.
(c) Schedule for Revocation Proceedings, Psychiatric Treatment. This
recommendation shall be used only when a parolee's adjustment indi-
cates the parolee may be suffering from a mental disorder which substan-
tially impairs the parolee's ability to maintain himself or herself in the
community, or which makes the parolee a danger to himself or herself or
others, when necessary psychiatric treatment cannot be obtained in the
community. The recommendation shall not be made when violations of
another term or condition of parole are charged. When this recommenda-
tion is made a psychiatric report shall accompany the parole violation re-
port and shall be made available to the hearing panel.
(d) Schedule for Revocation Proceedings. This recommendation may
be used whenever the violation charged is so serious that reimprisonment
is necessary whether or not the parolee is in need of medical or psychiat-
ric treatment. This recommendation shall be used when a parolee who is
required to register under Penal Code Section 290 fails to register within
the time prescribed pursuant to Section 290(g) of the Penal Code.
NOTli: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tion.s 290. 3000, 3053. 3056, 3057. and 3060, Penal Code; Sections 11561 and
1 1563, Health and Safety Code.
History
1. Amendment of subsection (e) filed 12-28-79 as an emergency; designated ef-
fective ]-l-80(Register79, No. 52). A Certificate of Compliance must be filed
within 120 days or emergency language will be repealed on 5-1-80.
2. Certificate of Compliance filed 5-1-80 (Register 80, No. 18).
3. Amendment of subsection (d) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
4. Repealer of subsection (c) and amendment of subsection (e) filed 1 1-13-85; ef-
fective thirtieth day thereafter (Register 85, No. 46).
5. Relettering and amendment of former subsections (d) and (e) to new subsections
(c) and (d) filed 10-5-89; operative 1 1-4-89 (Register 89, No. 41).
6. Amendment of first paragraph filed 9-23-96; operative 10-23-96 (Register 96,
No. 39).
Article 3. Revocation Procedures
§ 2635. General.
All revocation hearings should be held in the community near where
the alleged violation occurred unless the parolee has been transferred to
the department under Section 2605. The time limits of Section 2640 ap-
ply to all revocation hearings. Prerevocation hearings may be held as pro-
vided in Section 2644.
History
I . Amendment filed 1 0-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
§ 2635.1. Revocation Period.
(a) General. Any period of confinement ordered pursuant to revoca-
tion of parole shall be added to the period of parole not to exceed the max-
imum period of parole specified in Section 2515. The revocation periods
specified in this section apply if the parolee has not received a new com-
mitment to prison.
(b) Crimes Committed On or Before December 31,1 978. If the crime
for which the parolee was committed to prison occurred on or before De-
cember 31,1 978, confinement pursuant to parole revocation shall not ex-
ceed six months. Time in custody on a parole hold prior to the revocation
hearing shall be credited to the revocation period.
(c) Crimes Committed On or After January 1, 1979. If the crime for
which the parolee was committed to prison occurred on or after January
1. 1979, confinement pursuant to parole revocation shall not exceed one
year. Time in custody on a parole hold shall be credited to the revocation
period.
Note: Authority cited: Section 5076.2, Penal Code. References: Sections 3000,
3057, Penal Code (Stats. 1978, c. 582).
History
1. New section filed 12-29-78 as an emergency; effective upon filing (Register
78. No. 52).
2. Certificate of Non-compliance repealina section transmitted to OAH 3-14-79
and filed 3-20-79 (Register 79, No. 1 1 }.
3. New section filed 3-1 5-79 as an emeraency; effective upon filins (Register 79,
No. 11).
4. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
§ 2636. P&CSD Review.
(a) Case Conference. After placement of a parole hold or discovery of
information indicating a possible violation of parole, a case conference
shall be held to determine if the violation shall be reported to the board
as required by Section 26 1 6. If the decision is that the violation must be
reported to the board, the parole agent shall prepare a parole violation re-
port.
(b) Unit Supervisor Review. After preparation of a parole violation re-
port, the unit supervisor shall review the report and either concur with the
recommendation made or make an alternative recommendation. The unii.
supervisor shall submit the report to the District Administrator.
(c) District Administrator Review. The District Administrator shall re-
view the parole violation report and either concur with the recommenda-
tion made or make an alternative recommendation.
(d) Notification to Board. The violation report shall be forwarded to
the board at the central office calendar if the district administrator recom-
mends any action other than schedule for revocation proceedings, if the
parolee is in suspended status, if the parolee has an imminent discharge
date or if the case requires any action other than schedule for revocation
proceedings.
If the district administrator recommends that the parolee be scheduled
for a prerevocation or revocation hearing and the case does not require
any board action prior to the hearing, the district administrator shall
notify the board hearing coordinator of the date the parolee was paroled,
the date the parole hold was placed, and the need for a revocation hearing.
The hearing coordinator shall schedule a revocation hearing based on
that information and recommendation.
Note; Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Pe-
nal Code.
History
1. Amendment of subsection (c) and new subsection (d) filed 8-17-78; effective
thirtieth day thereafter. Filed in the week of Register 78, No. 33, this amendment
is printed in Register 78, No. 41 for technical reasons (Register 78, No. 41).
§ 2637. Central Office Calendar.
(a) General. The board at the central office calendar shall review the
conduct and progress of parolees and consider parolees for the schedul-
ing of revocadon proceedings. The primary concern for the board at the
central office calendar shall be for public safety as discussed in section
2646.
(b) Decisions. The board at the central office calendar may make any
decisions that do not require hearings. Examples of central office calen-
dar decisions include:
(1) To Suspend Parole Pending Further Determination. This decision
shall be used for parolees who have absconded. The Board of Prison
Terms may set the time of parole suspension from either the date of last
contact with the parolee or, if contact has not been established, the date
that the parolee failed to report as instructed. The parolee may produce
evidence for reconsideration by the Board.
(2) To Issue Warrants. This decision shall be used following suspen-
sion of parole for parolees who have absconded parole, and any other
Page 96
Register 2007, No. 48; 11-30-2007
Title 15
Board of Prison Terms
S2640
time that a law enforcement agency requires a warrant to support the ar-
rest of a parolee.
(3) To Order to Prison for Further Proceedings. This decision shall be
used for parolees incarcerated by another state or the federal government.
(4) To Schedule for Pre-revocation Proceedings. This decision shall
be used when a parolee is suspected of a serious violation of parole and
is within 30 days of discharge from parole. This decision may be used at
any other time as appropriate under the facts of the case.
(5) To Schedule for Limited Placement Proceedings. This decision
shall be used for parolees charged with parole violations which, if taie,
would not appear sufficiently serious to warrant return to prison for an
extended period, but who need placement in the Substance Abuse Treat-
ment Control Unit (SATCU). The parolee will ordinarily be released
within 90 days, but if further violations occur within the 90 days, full re-
vocation proceedings may be scheduled.
(6) To Schedule for Revocation Proceedings: Psychiatric Treatment.
This decision shall be used when facts are presented indicating that the
parolee is suffering from a mental disorder which substantially impairs
his or her ability to maintain himself or herself in the community, or
which makes him or her a danger to himself/herself or others, when nec-
essary psychiatric treatment cannot be obtained in the community. This
decision shall be made only after receipt of a written statement from a
mental health professional who has conducted a face-to-face evaluation
of the parolee, and found that the parolee is an individual described in
§ 26 1 6(a)( 1 4). This decision shall not be made when violations of anoth-
er term or condition of parole are charged.
(7) To Schedule for Revocation Proceedings. This decision shall be
used for parolees charged with parole violations which, if true, would ap-
pear sufficiently serious to warrant return to prison.
(8) To Dismiss Charge(s). This decision shall be used to dismiss
charges which will not be considered at the scheduled hearing.
(9) To Continue on Parole. This decision shall be used to continue a
parolee on parole. If done "pending further determination" it may be used
for a previously suspended parolee who does not need to be in custody
pending a hearing.
(10) Reinstate on Parole. This decision shall be made whenever a sus-
pended parolee at large has been arrested in California, has been located
in California or is available to return to California from another state or
country. It indicates the date that the period of parole commences after
having been tolled during the period the parolee was at large.
( 1 1 ) To Vacate Early Discharge Date. This decision shall be used in
conjunction with the decisions listed in subsections {b)(l)-(b)(7) when
a parolee, who was previously granted a discharge date earlier than the
statutory maximum discharge date, will discharge on the early discharge
date before any action ordered by the board can be completed. If an early
discharge date is vacated, the statutory maximum discharge date be-
comes the discharge date.
(12) Parole Period Extended Pending Revocation Hearing. This deci-
sion shall be used to retain jurisdiction when a parolee charged with a pa-
role violation will discharge prior to a revocation hearing.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3000, 3056, 3057, 3060 and 3064, Penal Code; Sections 1 1561 and 1 1563,
Health and Safety Code.
History
1. Amendment of subsection (b) filed 10-7-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(8) and new subsections (c)(9) and (c)(10) filed
4--4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. New subsection (c)( 1 1 ) filed 1-25-79; effective thirtieth day thereafter (Regis-
ter 79. No. 4).
4. New subsection (c)(6) and renumbering of subsections (c)(6) through (c)(ll)
to (c)(7) through (c)( 12) filed 5-1-80; effecfive thirtieth day thereafter (Regis-
ter 80, No. 18).
5. Amendment of subsection (c)(5) filed 5-28-8 1 ; effective thirtieth day thereafter
(Register 81, No. 22).
6. Repealer of subsection (b) and relettering of subsection (c) to subsection (b)
filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j)
(Register 82, No. 52).
7. Amendment of subsection (b)(6) filed 10-5-89; operative 11-4-89 (Register
89, No. 41).
8. Amendment of subsection (a) filed 9-23-96: operative 10-23-96 (Register 96,
No. 39).
9. Amendment of section and Ncm- filed 10-9-97 as an emergency; operative
10-9-97 (Register 97, No. 41 ). A Certificate of Compliance must be transmitted
to OAL by 2-6-98 or emergency language will be repealed by operation of law
on the following day.
10. Certificate of Compliance as to 10-9-97 order transmitted to OAL 1-7-98 and
filed 2-2-98 (Register 98, No. 6).
11. Change without regulatory effect amending subsection (b)(6) filed 5-8 2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 19).
§ 2638. P&CSD Hearing Coordinator.
The board at the central office calendar shall notify the P&CSD hear-
ing coordinator of a decision to order a revocation hearing. The P&CSD
hearing coordinator shall assure that all necessary prehearing procedures
are followed including making an attorney determination under Chapter
6, Article 5 and screening witnesses under Chapter 6, Article 4.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
§ 2639. Central Office Hearing Coordinator.
The P&CSD hearing coordinator shall notify the central office hearing
coordinator of the decision regarding an attorney and witnesses. The cen-
tral office hearing coordinator shall schedule the hearing and assure that
an attorney is appointed if necessary.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
§ 2640. Time Limits.
(a) General. The time limits specified in this section are intended to fa-
cilitate the timely completion of various segments of the revocation pro-
cess in order to hold the revocation hearing within a reasonable time after
the placement of the parole hold. These time limits are directory and do
not affect the board's jurisdiction to hold a revocation hearing in the
event of delay which does not prejudice the parolee.
In any case in which the chief deputy commissioner determines that
the time limits have been exceeded and the delay may prejudice the parol-
ee, the board's Central Office Calendar shall act to complete the revoca-
tion hearing process without further delay or to dismiss the parole viola-
tion charges and remove the parole hold.
These time limits shall be computed in calendar days. If a date falls on
a weekend or holiday, the time limits shall be met on the next working
day.
(b) Advice of Rights to Parolee.
(1) General. Upon notification that a revocation hearing has been or-
dered, the P&CSD hearing coordinator shall notify the parolee in writing
of his rights within 24 days from the placement of the parole hold. In all
cases the P&CSD hearing coordinator shall obtain a decision from the pa-
rolee regarding witnesses and an attorney within four days of serving the
parolee with the notification of rights.
(c) Notification to Board. Within 23 days of the placement of the pa-
role hold, the regional hearing coordinator shall notify the central office
hearing coordinator that a revocation hearing should be scheduled, if that
is the recommendation (see § 2636). If P&CSD does not recommend a
revocation hearing the violation report shall be forwarded to the central
office calendar within 23 days of placement of the hold.
(d) Central Office Hearing Coordinator. Upon notification of the deci-
sion regarding an attorney or witnesses, the central office hearing coordi-
nator shall appoint an attorney, if necessary, and shall schedule the revo-
cation hearing to be held as provided in subsecdon (f). The central office
hearing coordinator shall notify the P&CSD hearing coordinator of the
date and time of the hearing.
(e) Hearing. The revocation hearing shall be held within a reasonable
time after the placement of the parole hold, unless the parolee waives the
hearing pursuant to § 2641 . The parole revocation hearing should be held
within 45 days of the date the parole hold is placed.
Page 97
Register 2003, No. 4; 1 -24-2003
§2641
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(f) Revocation Hearing: Psychiatric Treatment. If the parole agent de-
termines the parolee cannot be retained locally pending the revocation
hearing due to acute psychosis, the parole agent may request authoriza-
tion from the board at its Central Office Calendar for an emergency return
pursuant to § 2605(c). Transfer of the parolee in no way eliminates the
responsibility of the parole agent or the Parole and Community Services
Division to prepare and to insure timely conduct of the hearing.
NOTI-: Authority cited: Sections 3052 and 5076.2, Penal Code, Reference: Sec-
tions 3000, 3053. 3056. 3057 and 3060, Penal Code; and Moirissex v. Brewer
(1972) 408 U.S. 471.
History
1. Amendment of subsections (a) and (g) filed 10-5-89; operative 1 1-4-89 (Reg-
ister 89, No. 41 ). For prior history, see Register 82, No. 52.
2. Amendment of section and NoTi-; filed 1-23-2003; operative 1-23-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 2641 . Waiver of Hearing.
(a) Unconditional Waiver. A parolee may waive the revocation hear-
ing. An unconditional waiver includes a waiver of any right to a personal
appearance before the Board to contest the charges against the parolee,
but shall not be an admission of guilt. Following an unconditional waiver,
the Board may extend the period of parole up to the statutory maximum
(see § 25 1 5). The parolee may not later request a hearing, but may appeal
the amount of time assessed by the Board.
(b) Optional Waiver. A parolee who is undergoing criminal prosecu-
tion may conditionally waive the revocation hearing, but retain the option
to request a hearing as provided in this subsection. Upon receipt of a
signed optional waiver, the Board at the central office calendar will deter-
mine whether there is good cause to revoke parole. This determination
will be made without a hearing or personal appearance by the parolee.
If the Board orders parole revoked and the parolee returned to custody,
the parolee then may request a revocation hearing. A hearing request
must be received by the Board no more than 15 days following sentenc-
ing or final disposition at the trial court level in the criminal proceedings
and no later than two months before expiration of the revocation period
ordered by the Board at the central office calendar. Upon receipt of a
hearing request, the Board shall schedule a revocation hearing. At the
hearing the panel may take any appropriate action.
(c) Revocation Hearing: Psychiatric Treatment. A parolee who is
scheduled for a revocation hearing for psychiatric treatment shall not be
permitted to waive the revocation hearing.
NOTH; Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3000, 3053, 3056, 3057 and 3060, Penal Code.
History
1. Amendment filed 10-27-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for tech-
nical reasons (Register 78, No. 41).
3. Amendment of subsection (a) filed 12-29-78 as an emergency; effective upon
filing (Register 78, No. 52).
4. Certificate of Non-compliance reinstating the language of subsection (a) as it
existed prior to emergency amendment transmitted to OAH 3-14-79 and filed
3-20-79 (Register 79, No. 11).
5. Repealer of subsection (b) filed 3-1 5-79 as an emergency; effective upon filing
(Register 79, No. 1 1 ).
6. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
7. New subsection (b) filed 6-11-79; effective thirtieth day thereafter (Register
79, No. 24).
8. New subsection (c) filed 5-1-80; effecfive thirtieth day thereafter (Register 80,
No. 18).
9. Amendment of subsection (a) filed 8-12-82; effecfive thirtieth day thereafter
(Register 82, No. 33).
10. Amendment of subsection (c) filed 10-5-89; operadve 1 1^^89 (Register 89,
No. 41).
1 1 . Amendment of subsection (b) filed 8- 1 5-9 1 ; operative 9- 1 6-9 1 (Register 9 1 ,
No. 51).
12. Editorial correction of subsection (b) (Register 95, No. 45).
13. Amendment of subsections (a) and (b) filed 8-24-98; operafive 9-23-98
(Register 98, No. 35).
§ 2642. Prehearing Procedures.
The P&CSD hearing coordinator and the central office hearing coordi-
nator shall assure that: time limits are met; the parolee is advised of his
rights; the parolee's requests for witnesses are screened; any necessary
witnesses are notified of the date, time and place of the hearing; all docu-
inentary and physical evidence is disclosed, unless designated confiden-
tial under Section 2235; requests for continuances are decided under Sec-
tion 2253; necessary attorney representation is arranged; and the case is
otherwise prepared for the hearing.
§ 2643. Parolee Rights.
(a) General. At the revocation hearing the parolee shall have the rights
specified in §§ 2245-2255. The record of the hearing shall be a tape re-
cording.
(b) Notification of the Charges and the Supporting Evidence. The pa-
rolee and his attorney, if he has one, shall receive copies of the parole vio-
lation report, any supplemental reports, and any evidence supporting the
parole violation charges unless designated confidential pursuant to de-
partmental regulations (see § 2235). The parolee and his attorney shall
receive copies of any police, arrest, or crime reports relevant to the parole
violation charges. Any information which is confidential pursuant to the
department rules shall not be disclosed, but the parolee and his attorney
shall be notified that confidential information has been deleted from the
report.
(c) Attorney Representation. The parolee is enfitled to request the as-
sistance of an attorney at any revocation hearing. If requested, an attor-
ney determination shall be made pursuant to the procedures of Article 6
of this chapter. If the request for an attorney is granted, the parolee is en-
fitled to retained counsel or appointed counsel if the parolee is indigent.
(d) Witnesses. The parolee is entiUed to request the presence of evi-
dentiary and/or dispositional witnesses at any revocafion hearing. The
witnesses shall be called unless the hearing panel has specific reason to
deny the request. Witnesses shall be screened pursuant to the procedures
of § 2668. The parolee may request subpoena(s) or subpoena(s) duces te-
cum as provided in §§ 2675-2682. If denied, the specific reasons for de-
nial shall be documented and a copy of the document given to the parolee.
During the hearing the parolee has the right, under the direction of the
hearing panel, to question all witnesses.
(e) Nofice of the Hearing. At any hearing where witnesses are ap-
proved or an attorney is granted, nofice of the hearing shall be given as
soon as possible but no later than four days before the hearing.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3041,
3042, 3063.5, 3063.6, 5076. 1 and 5076.3, Penal Code; Gagnon v. Scarpelli ( 1972)
411 U.S. 778.
History
1 . Amendment of subsection (b) filed 9-2 1-78 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).
2. Certificate of Compliance filed 12-29-78 (Register 78, No. 52).
3. Amendment of subsection (d) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
4. Amendment of subsection (c) filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).
5. Amendment of section and Note filed 1-23-2003; operative 1-23-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 2644. Prerevocation Proceedings.
(a) General. Prerevocation hearings may be held when a parolee is sus-
pected of a serious violation of parole within 30 days of discharge from
parole, and the board at the central office calendar has not taken an acfion
to extend the parole period pending the revocafion hearing. A prerevoca-
tion hearing should be held when a parolee is suspected of a serious viola-
tion of parole within 30 days of the parolee's maximum discharge date
and is in custody on a parole hold. At the prerevocation hearing the only
issue to be decided by the panel is whether there is probable cause to be-
lieve the parolee has violated parole as charged. Mitigating circum-
stances are not at issue at this hearing unless they are so bound up in the
offense itself that they cannot be considered separately.
(b) Initiating Prerevocation Proceedings. When a parole agent deter-
mines that a prerevocation hearing may be necessary under Section
Page 98
Register 2003, No. 4; 1-24-2003
Title 15
Board of Prison Terms
§2646
2637(c)(4) the parole agent shall immediately prepare a report specifying
the charges and supporting evidence, including the reasons for request-
ing a prerevocation hearing. If the district administrator recommends that
a prerevocation hearing should be scheduled the procedures of Section
2636(d) shall be followed.
(c) Oath. At the hearing witnesses shall be required to testify under
oath.
(d) Parolee Rights. At a prerevocation hearing the parolee shall have
the rights provided in Section 2643.
(e) Decision. The hearing panel shall make any disposition appropriate
to the facts of the case including the following:
( 1 ) No Probable Cause Found. If the hearing panel finds no probable
cause, the parolee shall be continued on parole. The parole hold shall be
removed immediately after the hearing. A hold may be retained until the
end of the next working day after the hearing if the panel approves the
retention and states its reasons.
(2) Charge Dismissed. The charge may be dismissed if there is insuffi-
cient information to determine whether there is probable cause or if the
interest of justice requires.
(3) Probable Cause Found. If the hearing panel determines that there
is probable cause, the hearing panel shall order a revocation hearing
scheduled. If the board at the central office calendar had vacated the pa-
rolee's early di.scharge date (Section 2637(c)( 10)) the hearing panel shall
set the period of parole at the statutory maximum.
NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Section 3000, Pe-
nal Code.
Hl.STORY
1. Amendment of subsection (e) filed 10-27-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (f)(3) filed 4^t-78; effective thirtieth day thereafter
(Register 78, No. 14).
3. Amendment of subsections (b) and (f)(1) filed 8-17-78; effective thirtieth day
thereafter. Filed in the week of Register 78, No. 33, this amendment is printed
in Register 78, No. 41 for technical reasons (Register 78, No. 41).
4. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
5. Repealer of subsection (c) and relettering of subsections (d)-(f) to subsections
(c)-(e) filed 12-22-82 by OAL pursuant to Government Code Section
11349.7(j) (Register 82, No. 52).
§ 2645. Hearing Procedures: Revocation.
(a) General. At the revocafion hearing the hearing panel shall decide
whether there is good cause to believe a condifion of parole has been vio-
lated and, if so, the most appropriate disposition. The parolee may offer
mitigating circumstances either to the violafion charged or to the disposi-
fion during the appropriate part of the hearing.
If the facts of the violation charged have been settled against the parol-
ee in a criminal prosecution or a probation revocation hearing, the parol-
ee may not contest the facts settled against him but may contest: the fact
of a post-parole conviction; whether the conviction violated a condition
of parole (by law every conviction is a violation of parole); and whether
the parolee suffered the conviction. If the facts against the parolee have
not been settled in a criminal prosecution or probation revocation hear-
ing, the parolee may contest the violation charged.
If the parolee is charged with failing to register under Penal Code sec-
tion 290, the only factual issues at the revocation hearing are whether the
parolee is required to register under Penal Code section 290 and whether
the parolee failed to register.
(b) Oath. The hearing panel shall require all witnesses to testify under
oath.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 290
(1979 Stats., Ch. 944), 3041, 3042, 3063.5, 3063.6, and 5076.1, Penal Code.
History
1. Amendment filed 9-21-78 as an emergency; designated effective 9-25-78.
Filed in the week of Register 78, No. 38, this amendment is printed in Register
78, No. 41 for technical reasons (Register 78, No. 41).
2. Certificate of Compliance filed 12-29-78 (Register 78, No. 52).
3. Amendment of subsection (a) filed 12-28-79 as an emergency; designated ef-
fective 1 - 1 -80 (Register 79, No. 52). A Certificate of Compliance must be filed
within 120 days or emergency language will be repealed on 5-1-80.
4. Certificate of Compliance filed 5-1-80 (Register 80, No. 18).
5. Repealer of subsection (b) and relettering of .subsection (c) to subsection (h)
filed 12-22-82 by OAL pursuant to Govemment Code Section 11349.7(i)
(Register82, No. 52).
§ 2646. Disposition.
The hearing panel shall make a disposition appropriate to the facts of
the case including consideration for public safety. Parole involves condi-
tional liberty and a parolee who engages in violation of the condition(s)
of parole may not be capable of successful reintegration into society and
may compromise public safety. Nothing in this section shall prevent the
board from imposing any of the following disposition alternatives when
the board or the department seek criminal prosecution for conduct consti-
tuting a violation of the law. Disposition alternatives include the follow-
ing:
(a) No Violation Found. If the hearing panel finds that the parolee did
not commit the violation charged, the parolee shall be continued on pa-
role. If the board at the central office calendar had extended the parole
period pending the revocation hearing, the panel shall discharge the pa-
rolee effective the date of the hearing.
(b) Charge Dismissed. The charge may be dismissed if there is insuffi-
cient information to determine whether the charge is true, if the charge
will not significanUy affect the disposition, or if the interest of justice
would be served.
If all the charges are dismissed in the case of a parolee whose parole
period had been extended pending the re\ ocation hearing the panel shall
discharge the parolee effective the date of the hearing.
(c) Violation Found. If the hearing panel determines that the parolee
committed the violation charged, the hearing panel shall make the appro-
priate decision necessary to handle the violation. Examples of disposi-
tion are:
(1 ) Continue on Parole. This disposition shall be used when the viola-
tion is not sufficiently serious to warrant reimprisonment. The decision
to continue on parole may be accompanied by a decision to modify, add,
or delete special conditions of parole. This decision cannot be used in the
case of a parolee whose parole period had been extended pending the re-
vocation hearing.
(2) Local Program. This disposition shall be used when the violation
is not sufficientiy serious to warrant reimprisonment but does indicate a
need for treatment available in a community facility or program. This de-
cision cannot be used in the case of a parolee whose parole period had
been extended pending the revocation hearing.
(3) Return to Custody. This disposition shall be used when the viola-
tion is so serious that reincarceration is necessary or when the violation
is the failure to register in a timely manner as required by Penal Code Sec-
tion 290 or the failure to provide samples of blood and saliva pursuant to
Penal Code section 3060.5, as provided in Penal Code sections 295
through 300.3. Any time in custody under a parole hold will be directed
to the revocation confinement period.
(4) Return to Custody: Eligible for Work Furlough. This disposition
shall be used in the following circumstances:
(A) the violation is so serious that reincarceration is necessary; and
(B) the parolee will be retained in a local facility which will permit pa-
rolee participation in work furlough; and
(C) the panel finds that the parolee may be permitted to participate in
work furlough.
(5) Refix Discharge Date. If the board at the central office calendar had
vacated the parolee's early discharge date the hearing panel shall set the
period of parole at the statutory maximum.
(6) Discharge. If the board at the central office calendar had extended
the period of parole pending the revocation hearing and the panel deter-
mines the violation does not warrant reimprisonment, the panel shall dis-
charge tiie parolee effective the date of the hearing.
(d) Return to Custody: Psychiatric Treatment. This disposition shall
be used when the sole finding of the panel is that the parolee has engaged
in conduct indicating that his mental condition has deteriorated such that
the parolee is likely to engage in future criminal behavior. This disposi-
tion shall only be used when the mental condition substantially impairs
Page 99
Register 2(X)3, No. 4; 1-24-2003
§ 2646.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
the parolee's ability to maintain himself or herself in the community and
necessary treatment cannot be obtained in the community.
NOTH: Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec-
tions 290, 295-300.3. 3000, 3053, 3056, 3057, 3060 and 3060.5. Penal Code.
History
1. Amendment of subsection (c)(5) filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (c)(5) and new subsection (c)(6) filed 4-4-78; effec-
tive thirtieth day thereafter (Register 78, No. 14).
3. Amendment of subsections (a), (b), (c)( 1 ), (c)(2), (c)(3). (c)(4) and new subsec-
tion (c)(7) filed 1-25-79; effective thirtieth day thereafter (Register 79, No. 4).
4. Kditorial correction (Register 79, No. 14).
5. AiTiendment of subsection (c)(5) filed 12-28-79 as an emergency; designated
effective 1-1-80 (Register 79, No. 52). A Certificate of Compliance must be
filed within 120 days or emergency language will be repealed on 5-1-80.
6. Certificate of Compliance filed .5-1-80 (Register 80. No. 18).
7. Amendment of subsecfion (c)(4) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 18).
8. Renumbering of subsecfions (c)(6) and (c)(7) to subsections (c)(7) and (c)(8)
and new subsection (c)(6) filed .5-28-81 ; effective thirtieth day thereafter (Reg-
ister 81, No. 22).
9. Repealer of subsection (c)(3) and amendment of subsection (c)(5) filed
1 1-13-85; effecuve thirtieth day thereafter (Register 85, No. 46).
10. Amendment of subsection (c) and new subsection (d), filed 10-5-89; operative
1 1-4-89 (Register 89, No. 41).
11. Amendment of first paragraph and subsection (b) filed 9-23-96; operative
10-23-96 (Register 96, No. 39).
12. Change without regulatory effect amending sub.section (c)(3) and amending
Note filed 6-28-2001 pursuant to section 100, title 1 , California Code of Regu-
lations (Register 2001, No. 26).
13. Amendment of first paragraph and subsecfions (a)(3), (a)(6) and (d) filed
11-20-2001; operative 12-20-2001 (Register 2001, No. 47).
§ 2646.1. Violations and Length of Confinement.
The following are parole revocation assessment guidelines when good
cause has been found on a single parole violation charge. The ranges rep-
resent the suggested period of confinement when a return to custody is
imposed as a disposition for a violation of parole. The ranges are sug-
gested for a parolee with no prior returns to custody. The assessment may
be consecutive to or concurrent with other charges as long as the total pe-
riod of confinement does not exceed the revocation period specified at
§ 2635. 1 . The hearing panel may impose a period of confinement that is
outside the assessment range if justified by the particular facts of the indi-
vidual case and if the facts supporting the term are stated on the record.
This section is declaratory of existing board policy and is not intended
to modify the authority of an individual hearing panel or the interests of
a prisoner subject to a parole revocation.
Type I Violations
Assessment Range
(0 to4 months)
(a) Technical Violations of Parole
( 1 ) Use of alcohol
(2) Failure to participate in testing for the presence of alcohol or any
controlled substance, including marijuana
(3) Instructions: Changing employment without informing P&CSD
(4) Failure to inform P&CSD of criminal arrests
(5) Instructions: Leaving county of residence beyond 48 hours without
P&CSD approval
(6) Instructions: Traveling beyond 50 miles from residence without
P&CSD approval
(7) Failure to follow other instructions from P&CSD
(0 to 4 months)
(b) Controlled Substance Violations
(1) Use of a controlled substance, including marijuana
(2) Possession of marijuana ( loz. or less)
(3) Under the influence of controlled substance, including marijuana
(4) Possession of controlled substance paraphernalia
(5) Presence in a place where a controlled substance is used, sold or
given away
Type II Violations
Assessment Range
(5 to 9 months)
(c) Technical Violations of Parole
(1) Failure to attend Parole Outpatient Clinic
(2) Violations of other special conditions of parole
(3) Failure to report to P&CSD
(4) Absconding parole supervision
(5) Instructions: Changing residence without informing P&CSD
(6) Unauthorized possession of a knife with a blade exceeding two in-
ches
(7) Access to a firearm
(8) Access to a deadly weapon
(9) Access to a simulated firearm
(10) Access to a stun gun or taser
(11) Access to a tear gas dispenser
(12) Access to a knife with a blade exceeding two inches
(13) Access to a crossbow
(14) Possession of ammunition
(15) Access to ammunition for a firearm
(5 to 9 months)
(d) Sex Offenses
(1) Consensual participation in oral copulation in a jail or prison
(2) Consensual participation in sodomy in a jail or prison
(3) Indecent exposure
(4) Pimping or pandering
(5 ) Prostitution
(6) Failure to register pursuant to Penal Code section 290
(7) Any other sex offense involving an adult victim where the offense
is not accomplished against the victim's will
(5 to 9 months)
(e) Assault and Battery
(1) Assault
(2) Battery without injury
(5 to 9 months)
(f) Property Offenses
( 1 ) Possession of burglary tools
(2) Tampering with an automobile
(3) Making, drawing, or delivering a check, draft or order with insuffi-
cient funds
(4) Operating a motor vehicle without owner's permission
(5) Petty theft
(6) Petty theft with a prior conviction or judicial/administrative adju-
dication
(7) Receiving or possession of stolen property
(8) Misappropriation of public money (less than $400)
(5 to 9 months)
(g) Controlled Substance Violations
(1 ) Possession of a controlled substance
(2) Possession of marijuana (over 1 oz.)
(3) Sale of substance in lieu of a controlled substance, including mari-
juana
(4) Forgery of a prescripfion
(5 to 9 months)
(h) Driving Violations
(1) First offense driving under influence of alcohol/drugs
(2) Reckless driving with no personal injury
(3) Hit and run causing property damage
(4) Driving with revoked or suspended license
(5) Any other misdemeanor driving violation not listed in this section
(5 to 9 months)
(i) Miscellaneous Crimes Against Others and Property
(1) Threats or harassment not constituting terrorist threats
(2) Contributing to the delinquency of a minor
(3) Destroying public property
Page 100
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Title 15
Board of Prison Terms
§2646.1
(4) Resisting arrest with no prior convictions or judicial/administra-
tive adjudications
(5) Trespassing
(6) Vandalism or malicious mischief
(7) Refusal to sign parole conditions (maximum 6 months per Penal
Code section 3060.5)
(8) Illegal entry into the United States
(5 to 9 months)
(j) Miscellaneous Violations o/Imw
( 1 ) Disturbing the peace
(2) Drunk in public
(3) Failure to register pursuant to Health and Safety Code 1 1590
(4) Providing false identification to a peace officer
(5) Failure to participate in or complete a batterer's program
(6) Incitement to riot
(7) Destroy or damage a prison or jail in the amount of $400 or less
(8) Any other felony that does not involve the use offeree or violence
or possession of a weapon
(9) Any other misdemeanor not listed in this section
(10) Any conspiracy to commit a Type II violation
(11) Any attempt to commit a Type II violation
(12) Any solicitation to commit a Type II violation
(13) Accessory to a Type II violation
Type III Violations
Assessment Range
(10 to 12 months)
(k) Technical Violations of Parole
(1) Association with persons prohibited by the board or P&CSD
(2) Being present in prohibited areas without permission
(3) Any violation of a condition involving gang participation or
association
(10 to 12 months)
(/) Homicide
( 1 ) Murder
(2) Voluntary manslaughter
(3) Involuntary manslaughter
(10 to 12 months)
(m) Robbery
( 1 ) All armed robberies
(2) All unarmed robberies
(3) Carjacking
(10 to 12 months)
(n) Sexual Offenses — Major
(l)Rape
(2) Unlawful sexual intercourse or statutory rape
(3) Assault with intent to commit rape, sodomy, oral copulation, or
mayhem
(4) Lewd and lascivious acts with a child under 14 years
(5) Oral copulation with a minor or an adult victim where the offense
was accomplished against the adult victim's will
(6) Sodomy with a minor or an adult victim where the offense was ac-
complished against the adult victim's will
(7) Incest
(8) Annoying children in violation of Penal Code section 647.6
(9) Loitering around or within schools or playgrounds
(10) Penetration of the genital or anal openings by foreign object of a
minor or an adult victim where the offense was accomplished against the
adult victim's will
(11) Sexual battery
( 1 2) Indecent exposure with a prior conviction or judicial/administra-
tive adjudication
( 13) Any other sexual offense involving minors not listed in this sec-
tion
(14) Any other sexual offense against adult victims where the offense
was accomplished against the victim's will not listed in this section
(10 to 12 months)
(0) Assault and Batteiy — Major
(1 ) Assault with a deadly weapon
(2) Assault with a deadly weapon upon a peace officer
(3) Assault with a caustic substance
(4) Assault with the intent to commit murder
(5) Assault with force likely to produce great bodily injury
(6) Assault on a spouse or child
(7) Administration of poison
(8) Mayhem
(9) Battery upon a peace officer
(10) Battery upon a spouse or child
(11) Cruelty to a child
( 1 2) Any other crime where bodily injury is infiicted not listed in this
section
( 1 3) Any other crime posing a major personal risk to the safety of oth-
ers not listed in this section
(14) Drive-by shooting
(15) Threats to a Commissioner or Deputy Commissioner or their fam-
ilies
(10 to 12 months}
(p) Property Offenses — Major
( 1 ) First degree burglary
(2) Second degree burglary
(3) Credit card theft or illegal use of a credit card
(4) Possession of counterfeit dies or plates
(5) Embezzlement
(6) Forgery
(7) Fraud
(8) Grand theft
(9) Grand theft automobile
(10) Extortion
(11) Misappropriation of public moneys (more than $400)
(10 to 12 months)
(q) Alcohol and Controlled Substance Violations — Major
( 1 ) Sale or furnish a controlled substance, including marijuana, to a
minor
(2) Sale of a controlled substance, including marijuana
(3) Possession of a controlled substance, including marijuana, for sale
(4) Manufacture of a controlled substance
(5) Bringing a controlled substance, including marijuana, into a jail or
prison
(6) Use of a controlled substance, including marijuana, in a jail or pris-
on
(7) Possession of a controlled substance, including marijuana, in a jail
or prison
(8) Bringing alcohol into a jail or prison
(9) Use of alcohol in a jail or prison
(10) Possession of alcohol in a jail or prison
(10 to 12 months)
(r) Weapons Offenses
(1 ) Manufacture/sale of a deadly weapon (other than a firearm)
(2) Possession of a deadly weapon
(3) Use of a deadly weapon
(4) Use of a deadly weapon in the commission of a crime
(5) Possession of a firearm
(6) Possession of a simulated firearm
(7) Use of a firearm
(8) Bringing a deadly weapon or firearm into a jail or prison
(9) Possession or manufacture of a deadly weapon or explosive de\ ice
in a jail or prison
(10) Possession of a concealable firearm
(11) Possession of any firearm with prior firearm conviction
Page 101
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§2647
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(12) Possession of non-concealablc firearm without prior use convic-
tion
(13) Armed with a firearm in the commission of a felony
( 14) Possession of a crossbow
(15) Possession of a stun gun or taser
(16) Possession of a tear gas gun or dispenser
(17) Use of a stun gun or taser
(18) Use of tear gas gun or dispenser
(19) Brandish a weapon (other than a firearm)
(20) Brandish a firearm
(21) Other offenses involving the use/possession of a firearm or dead-
ly weapon
(22) Other weapons violations
(10 to 12 months)
(s) Driving Violations — Major
( 1 ) Driving under the influence of alcohol/drugs with a prior convic-
tion or judicial/administrative adjudication
(2) Reckless driving in willful or wanton disregard for the safety of
others
(3) Driving under the influence of alcohol/drugs causing injury
(4) Vehicular manslaughter
(5) Any other felony driving violations not listed in this section
(10 to 12 months)
(t) Miscellaneous Major Crimes
( 1 ) Child stealing
(2) False imprisonment
(3) Hostage taking
(4) Kidnapping
(5) Arson of inhabited dwelling
(6) Arson of other structure or forest land
(7) Escape from a jail or prison without force
(8) Escape from a jail or prison with force
(9) Destroy or injure a jail or prison (more than $400)
(10) Possession of caustic chemicals with intent to harm others
(11) Terrorist threats
(12) Stalking
(13) Commission of a serious felony as defined at Penal Code section
1192.7
(14) Commission of a violent felony as defined at Penal Code section
667.5
(15) Conspiracy to commit a Type III violation
(16) Attempt to commit a Type III violadon
(17) Solicit another to commit a Type III violadon
(18) Accessory to a Type III violadon
(0 to 12 months)
(u) Psychiatric Treatment
( 1 ) Exhibits conduct indicadng that the parolee's mental condition has
deteriorated such that the parolee is likely to engage in criminal behavior
NOTE: Authority cited: Sections 3040, 3041, 3052, 5076.2 and 5077, Penal Code.
Reference: Sections 3056, 3057, 3060 and 3060.5, Penal Code.
History
1 . New section filed 1 1-20-2001 ; operative 12-20-2001 (Register 2001 , No. 47).
§ 2647. Time in Custody.
In no case shall total dme in custody before and after revocadon pro-
ceedings exceed the revocadon period specified in Secdon 2635.1.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3057 and 3060, Penal Code.
History
1 . Renumbering of Section 2647 to Section 2648 and new Section 2647 filed
4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
2. Amendment filed 8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for tech-
nical reasons (Register 78, No. 41).
3. Renumbering of Section 2647 to Section 2648 and new Section 2647 filed
1 1-3-78 as an emergency; effective upon filing (Register 78, No. 44).
4. Certificate of Compliance filed 3-2-79 as to filing of 1 1-3-78 (Rceister79. No.
9).
5. Amendment of subsection (a) filed 3-15-79 as an emergency; effective upon
filing (Register 79, No. 11).
6. Certificate of Compliance filed 5-30-79 (Register 79, No. 22).
7. Amendment of subsection (c) filed 5-1-80; effective thirtieth day thereafter
(Register 80, No. 1 8).
8. Repealer of subsection (b) filed 1 1-13-85; effective thirtieth day thereafter
(Register 85, No. 46).
9. Amendment filed 10-5-89; operative 1 1--^-89 (Register 89, No. 41 ).
§ 2647.1. Time in Custody Psychiatric Treatment.
(a) If a parolee is ordered revoked and returned to custody, psychiatric
treatment, the time in custody shall not be added to the parole period.
(b) If, during the revocation period, the parolee's condidon changes so
that he or she is no longer a person described in Secdon 26 1 6(a)( 1 4), de-
partment staff shall so certify and recommend release of the parolee to
Central Office Calendar. The board at the Central Office Calendar shall
take action on the recommendation within three working days of receipt
of the recommendation.
(c) If the parolee is not being actively treated by the department in a
psychiatric program or in a treatment program operated by the State De-
partment of Mental Health, the department shall immediately submit the
case to the Central Office Calendar with its recommendation.
Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3057 and 3060, Penal Code.
History
1 . New section filed 10-5-89; operative 1 1-4-89 (Register 89, No. 41 ).
2. Change without regulatory effect amending subsection (b) filed 5-8-2001 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 200 1 , No.
19).
§ 2648. Posthearing Procedures.
(a) No Violadon. If no violadon is found, the parole hold shall be re-
moved immediately after the hearing. The hold may be retained until the
end of the next working day after the hearing if the panel approves the
retention and states its reasons.
(b) Charges Dismissed. If the charges are dismissed, the parole hold
shall be removed immediately after the hearing. The hold may be retained
undl the end of the next working day after the hearing if the panel ap-
proves the retendon and states its reasons.
(c) Violation Found. If a parolee who is undergoing criminal prosecu-
don is ordered returned to custody, the parolee shall be retained in local
custody under a parole hold until termination of the prosecudon. When
the prosecudon terminates the parolee shall be returned to prison or re-
ferred to the board at the central office calendar for modificadon of the
revocadon period if the revocation period is almost completed.
Note: Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Pe-
nal Code; Section 11 150, Health and Safety Code.
History
1. Amendment of subsection (c) filed 10-27-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 44).
2. Renumbering of Section 2647 to Section 2648 filed 4-4-78; effective thirtieth
day thereafter (Register 78, No. 14).
3. Repealer filed 1 1-3-78 as an emergency; effective upon filing (Register 78, No.
44).
4. Renumbering from Section 2647 to Section 2648 filed 1 1-3-78 as an emergen-
cy; effective upon filing (Register 78, No. 44).
5. Certificate of Compliance filed 3-2-79 as to 1 1-3-78 filing (Register 79, No.
9).
§ 2649. Revoked Parolees with New Commitments.
(a) If a parolee who was on parole from a term other than a statutory
term of life, is returned to prison as a revoked parolee with a new commit-
ment, department staff shall calculate the revocadon release date and the
release date for the new commitment. Except as hereinafter provided if
the release date for the new commitment is later than the revocation re-
lease date, department staff shall discharge the former term, effecdve
upon the revocadon release date.
(b) Department staff shall not discharge a term imposed for:
(1 ) a crime in which the prisoner used force or violence or caused seri-
ous bodily injury as defined in paragraph (5) of subdivision (f) of secdon
Page 102
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Title 15
Board of Prison Terms
§2668
243 of the Penal Code within the meaning of subdivision (e) of Penal
Code section 2962; or
(2) an offense resulting in ineligibility for credits against confinement
pursuant to a revocation of parole set forth in paragraph (2)(C) of subdivi-
sion (d) of section 3057 of the Penal Code.
(c) If the revocation release date is later than the release date for the
new commitment, department staff shall refer the case to the board on the
miscellaneous proceedings calendar. The board shall determine whether
to discharge the former term.
(d) If the parolee was on parole from a statutory term of life the case
will be placed on the miscellaneous proceedings calendar upon receipt
of a new commitment to state prison. The board shall determine whether
to discharge the former term. In determining whether to discharge the
former term, the board shall consider the length of the term for the new
commitment, the likelihood that the parole from the previous term will
extend past the parole on the new term and the seriousness of any other
parole violation charges which did not result in a new term.
NOTI-: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 3000 and 3057, Penal Code.
History
1. New section filed 4-4-78; effective thirtieth day thereafter (Register 78, No.
14).
2. Amendment filed 8-12-82; effective thirtieth day thereafter (Register 82, No.
33).
3. New subsection (b), amendment of subsection (a) and Note filed 8-15-91; op-
erative 9-16-91 (Register 91, No. 51 ).
Article 4. Evidence
§ 2665. General.
All evidence relevant to the charges or disposition is admissible in pa-
role postponement, rescission and revocation proceedings.
§ 2666. Documentary Evidence.
Coordinator staff shall assure that all relevant documentary evidence
is available at the hearing and has been made available to the parolee and
his attorney prior to the hearing unless designated confidential pursuant
to § 2235. This evidence includes, but is not limited to, the violation re-
port, arrest report, special services reports, psychiatric reports, and state-
ments of witnesses. If relevant documentary evidence is not available,
coordinator staff shall specify in writing what the evidence is and why it
is unavailable. Any information from the prisoner or parolee supporting
his request for an attorney shall be made available to the hearing panel.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3063.5,
Penal Code; and Morrisey v. Brewer {1^12) 408 U.S. 471.
History
1. Amendment of section and new Notk filed 1-23-2003; operative 1-23-2003
pursuant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 2667. Physical Evidence.
Physical evidence should not ordinarily be required at a hearing. Coor-
dinator staff may bring physical evidence to the hearing if: the prisoner
or parolee has requested it or it appears necessary for the hearing; institu-
tional security is not endangered; and there is no other means of present-
ing the information.
§ 2668. Witnesses.
(a) Request.
( 1 ) Prisoner or Parolee Request. The prisoner or parolee may request
either evidentiary or dispositional witnesses. The request must be made
sufficiently ahead of the hearing to notify the witnesses and to make ar-
rangements to have them present at the hearing. The request shall include
the reason for requesting the witness and the expected testimony of the
witness.
(2) Staff Request. If in reviewing the case prior to a hearing, coordina-
tor staff determine that a particular witness is necessary to provide testi-
mony regarding an event material to the proceeding, attendance of that
evidentiary witness shall be requested even though the prisoner or parol-
ee has not requested that witness. In these circumstances, staff shall
notify the prisoner, parolee, or his attorney.
(b) Coordinator staff shall review the list of requested witnesses prior
to the hearing and may refuse to notify or call witnesses. Coordinator
staff shall document the reason for any refusal to notify or call a witness,
and the parolee, prisoner, or attorney shall be told of the refusal prior to
the hearing.
( 1 ) Evidentiary Witnesses. Staff shall determine that the testimony of
an evidentiary witness is cleariy irrelevant before refusing to call the wit-
ness. (Examples of irrelevant witnesses include a public official having
no knowledge of the violation or witness with no knowledge or evidence
in mitigation). A requested evidentiary witness should ordinarily be noti-
fied to attend even though the testimony may be cumulative, such as
where several persons witnessed the incident.
(2) Dispositional Witnesses. Staff may refuse to notify any disposi-
tional witness whose testimony is clearly irrelevant or cumulative. The
testimony of dispositional witnesses whose testimony is of a general na-
ture may be presented by means of written statements, letters, or affida-
vits.
(c) Nofificafion.
( 1 ) Evidentiary Witnesses. Coordinator staff are responsible for mak-
ing every effort to assure the attendance of any requested evidentiary wit-
ness deemed necessary.
(2) Disposifional Witnesses. If the prisoner or parolee is not repre-
sented by an attorney, coordinator staff shall provide any needed assis-
tance in notifying disposifional witnesses. If assisted by an attorney, the
attorney must be advised that he is responsible for notifying dispositional
witnesses who are not confined in prison. The attorney shall notify coor-
dinator staff of witnesses so that arrangements can be made to have them
enter custodial facilifies.
(3) Documentation. All efforts to locate evidentiary witnesses shall be
documented. Any efforts made to locate dispositional witnesses for a
prisoner or parolee unassisted by counsel shall also be documented.
If a witness is located, but refuses to attend, the reason for the refusal
shall be documented to give the hearing panel sufficient information to
determine whether it is reasonable to excuse the witness' attendance.
(d) Transportation. Evidentiary witnesses who need transportation
should be transported to the hearing where feasible. Dispositional wit-
nesses for a prisoner or parolee without counsel may be provided trans-
portation.
(e) Fearful Witnesses. Evidentiary witnesses who refuse to attend the
hearing either because they would be subject to risk of harm if their iden-
tities were disclosed or who, even if their identity is known, fear for their
safety should they attend the hearing, shall be interviewed by coordinator
staff prior to the hearing and their information documented in writing or
on tape. The reasons for their fear shall also be documented. The hearing
panel shall determine whether there is good cause to excuse a witness'
attendance and shall document the decision, including the reasons.
(f) Interviewing Witnesses. A prisoner, parolee, or his attorney has a
right to speak to possible witnesses, but it is within the discretion of an
individual witness whether to speak to or disclo.se his whereabouts to a
prisoner, parolee, or his attorney. Staff shall not attempt to influence the
witness" decision.
NOTE; Authoritv cited: Section 5076.2. Penal Code. Reference: Murrisscx v.
Brewer ( 1 972) 408 U.S. 47 1 .
History
1. Amendment of subsection (a)(1) filed 10-27-77 as an emergency; effective
upon filing. Certificate of Compliance included (Register 77. No. 44).
2. Amendment of subsection (a)(2) filed 8- 1 2-82 ; effective thirtieth day thereafter
(Register 82. No. 33).
3. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government
Code section 1 1343.4 (Register 2003. No. 4).
Page 103
Register 2003, No. 4; 1 -24-2003
§2675
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Article 5. Subpoenas
§ 2675. General.
wSubpoenas may be issued to require the attendance of witnesses or the
production of documents at parole revocation or parole rescission hear-
ings.
NOTH; Authority cited: Section 5076.2, Penal Code. Reference: /// re Carroll 80
Cal.App. 3d22(1978).
History
1. Renumberins of Article 5 (Sections 2690-2701 ) to Article 6 and new Article
.5 (Seclions 267.5-2682) filed 10-25-79; effective thirtieth day thereafter (Ree-
ister79. No. 4.1).
§ 2676. Request for Subpoena.
(a) The parolee or prisoner, the parolee's/prisoner's attorney, P&CSD
staff, and board staff may request that a subpoena be issued.
(b) Requests for subpoenas shall be made directly to the District Hear-
ing Agent or to the Classification and Parole Representative or other
staff, as appropriate, at least 1 working days prior to the scheduled hear-
ing.
(c) Subpoena Duces Tecum. A supporting declaration shall accompa-
ny each request for a subpoena duces tecum. The declaration shall show
good cause for production of documentary evidence and specify precise-
ly the documentary evidence to be produced, the relevance and material-
ity of that evidence to the hearing, and that the requested witness has pos-
session or control of the documentary evidence.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3.
Penal Code: and /// re Carroll (1978) 80 Cal.App. 3d 22.
History
1. Amendment of section and Notl filed 1-23-2003; operative 1-23-2003 pur-
suant to Government Code section 11 343 .4 (Register 2003, No. 4).
§ 2677. Criteria for Issuance.
(a) General. A subpoena or subpoena duces tecum shall be issued
when it is necessary to secure the presence of a witness or the production
of documents for a proceeding. Subpoenas shall be issued for evidence
that is relevant and material. Each case shall be evaluated individually to
make this determination, based upon the following factors:
( 1 ) whether the person is an evidentiary or dispositional witness;
(2) the relevance and materiality of the testimony or documents to the
issues to be decided during the fact finding (violation) phase of the hear-
ing;
(3) the availability of the witness and/or the documents;
(4) whether the parolee/prisoner or the parolee's/prisoner's attorney
has made reasonable efforts to produce an evidentiary witness;
(5) whether the witness resides more than 50 miles outside the county
where the hearing will be held.
(b) Witnesses.
(1) General. Requests for subpoenas for witnesses shall be screened
in accordance with the procedures of § 2668. A request for a subpoena
may be denied for any witness whose testimony is clearly irrelevant or
cumulative.
(2) Evidentiary Witnesses. Requests for subpoenas for evidentiary
witnesses shall ordinarily be granted even though the testimony may be
cumulative, such as when several persons witnessed the incident. Fear-
fulness of an evidentiary witness shall be considered and may justify de-
nial of a request for a subpoena. See § 2668(e).
(3) Dispositional Witnesses. Normally only evidentiary witnesses will
be subpoenaed. The testimony of dispositional witnesses whose testimo-
ny is of a general nature should be presented by means of written state-
ments, letters, or affidavits. The parolee/prisoner or the parolee's/prison-
er's attorney shall provide a written statement which summarizes the
expected testimony and states how the testimony would be relevant, ma-
terial, and non-cumulative.
(c) Documentary Evidence. Subpoenas duces tecum may be issued for
documentary evidence that is relevant and non-cumulative and under the
control of someone other than the parolee/prisoner, the parolee's/prison-
er's attorney, P&CSD or the board. A declaration in support shall accom-
pany the request for a subpoena duces tecum.
(d) At the Time of the Hearing. After the revocation or rescission hear-
ing has commenced, the panel may request such subpoenas or subpoenas
duces tecum as they deem necessary. The hearing shall be continued and
rescheduled for a date at least 10 working days later.
(e) Denial. The reason for the denial of a request for a subpoena or a
subpoena duces tecum shall be documented and a copy of the decision
given to the parolee/prisoner or to the parolee "s/prisoner's attorney.
NOTIi: Authority cited: Section 5076.2, Penal Code. Reference: Section 5076.3.
Penal Code: and /;; re Carroll (1978) 80 Cal.App. 3d 22.
History
1. Amendment of subsection (a) filed 1 1-L3-85; effective thirtieth day thereafter
(Register 85, No. 46).
2. Amendment of section and NoTi-. filed 1-23-2003: operative 1-23-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003. No. 4).
§ 2678. Service.
(a) Process. Service may be made by any person 1 8 years of age or old-
er, in all parts of the state, no later than two days before the hearing, unless
good cause for later service is shown.
(b) Subpoena. Except as provided in subdivision (c), service of a sub-
poena is completed by showing the original and delivering a copy to the
witness personally.
(c) Subpoena for Peace Officer. When a peace officer designated in
Penal Code section 830 is required as a witness in a proceeding relating
to an event which he perceived or investigated in the course of his duties,
a subpoena may be served by delivering a copy to the peace officer per-
sonally or by delivering two copies to his or her immediate superior or
a designated agent. In those counties which have consented, delivery
may be made by sending a copy electronically, including electronic mail,
computer modem, facsimile, or other electronic means, to the immediate
superior or designated agent who shall then deliver a copy of the subpoe-
na to the peace officer as soon as possible and in no event later than a time
which will enable the peace officer to comply with the subpoena.
(d) Subpoena Duces Tecum. Service of a subpoena duces tecum is
completed by showing the original and delivering a copy to the person
having possession or control of the documentary evidence. Service is in-
valid if the declaration in support is not served on the person at the same
time as the subpoena duces tecum.
NOTE: Authority cited: Sections 5076.2 and 5076.3, Penal Code. Reference: Sec-
tion 1328, Penal Code; and //; re Carroll (1979) 80 Cal.App. 3d 22.
History
1. Amendment of section and Noti-: filed 1-23-2003; operative 1-23-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 4).
§ 2679. Witness Obligation to Comply.
(a) General. A person is obliged to attend a parole revocation or parole
rescission hearing as a witness pursuant to a subpoena or a subpoena
duces tecum at any place within the county of the person's residence and
at any place outside the county of residence which is less than 50 miles
from the person's residence. Witnesses shall be paid fees and mileage at
the rate provided in Government Code Section 68093.
(b) Custodian of Records.
( 1 ) General. The custodian of records may, upon receiving a subpoena
duces tecum, mail a true, legible, and durable copy of all the records de-
scribed in the subpoena duces tecum. The records shall be accompanied
by the affidavit of the custodian.
(2) Affidavit of Custodian. The affidavit shall state that the affiant is
the custodian of the records and is authorized to certify the records; that
the copy is a true copy of the records described in the subpoena duces te-
cum; and that the records were prepared in the ordinary course of busi-
ness.
If the custodian has none or only part of the records described in the
subpoena duces tecum, the custodian shall mail the affidavit and the
available records.
(3) Attendance Required. The custodian of records shall attend the
hearing and produce original records only when the subpoena duces te-
cum contains a clause to that effect.
Page 104
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Title 15
Board of Prison Terms
§2696
(c) Failure to Comply. If a witness fails to comply with a subpoena or
a subpoena duces tecum, the board may petition the Superior Court in the
county in which the hearing is pending for an order compelling com-
pliance.
NOTH; Authority cited: Section 5076.2, Penal Code. Reference: //; re Ccirroll, 80
Cal.App. .Id22(1978).
§ 2680. Quashing.
(a) General. The board, upon request timely and reasonably made,
may quash a subpoena or subpoena duces tecum entirely, modify it, or
direct compliance with it upon terms or conditions. The request to quash
shall be made to the Subpoena Coordinator at board headquarters and
shall include specific reasons for the request.
(b) Criteria. The board shall consider the objections to a subpoena or
a subpoena duces tecum in light of all available information. The guiding
principles shall be to protect witnesses from unreasonable and oppressive
demands and to ensure their safety.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80
Cal.App. 3d22(1978).
§2681. Decision.
The board has final responsibility for deciding whether to issue a sub-
poena or a subpoena duces tecum and whether to grant or deny a request
to quash a subpoena or a subpoena duces tecum. The board may delegate
these decisions to department staff.
NOTti: Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80
Cal.App. 3d 22 (1978).
§ 2682. Appeals.
There shall be no appeal of the denial of a request for a subpoena or
a subpoena duces tecum or a denial or granting of a request to quash a
subpoena or a subpoena duces tecum until after the parole revocation or
parole rescission hearing.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: In re Carroll, 80
Cal.App. 3d 22 (1978). Attorney Determinations
Article 6. Attorney Determinations
§ 2690. General.
Assistance of counsel during revocation and rescission proceedings
shall be approved if a timely request is made by the prisoner or parolee
and the need for counsel is established under sections 2692-2694. If
counsel is approved, counsel shall be appointed for indigent prisoners
and parolees.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Pe-
nal Code.
History
1. Renumbering of article 5 (sections 2690-2701) to article 6 filed 10-25-79; ef-
fective thirtieth day thereafter (Register 79, No. 43).
2. Editorial correction of printing error restoring missing article 6 heading (Regis-
ter 91, No. 29).
3. Editorial correction of article 6 heading (Register 95, No. 14).
§ 2691 . Request for an Attorney.
A prisoner or parolee desiring the assistance of counsel in revocation
or rescission proceedings must make a request for the assistance of an at-
torney within four days of receiving the "Notice of Right to Hearing."
A prisoner or parolee who initially waives counsel but then requests
counsel shall be given an attorney determination. A prisoner or parolee
who withdraws a request for counsel may not later request counsel.
§ 2692. Basic Test.
The guiding principle in deciding whether the assistance of counsel is
needed is fundamental fairness. This decision can only be made on a case
by case basis, and cannot be stated in any flat policy or rule.
If in any case the prisoner or parolee needs assistance of counsel in or-
der to be treated in a fundamentally fair manner in view of the charges
brought and the individual's ability to respond to the charges, counsel
should be granted, regardless of the presumption of need discussed in
Section 2693.
§ 2693. Presumption of Need.
(a) Presumption. A prisoner or parolee is presumably entitled to assis-
tance of counsel if there is a colorable claim that the individual did not
commit the violation (see subsection (b)), or if there are substantial miti-
gating circumstances (see subsection (c)). In either event, and particular-
ly in close cases, the strength of the colorable claim or the mitigating cir-
cumstances must be weighed against the prisoner's or parolee's ability
to speak for himself (see Section 2694).
(b) Colorable Claim. A prisoner or parolee who has a colorable claim
that he is not guilty of the charges is presumably entitled to the assistance
of counsel. "Colorable" is defined as seemingly valid or genuine: having
an appearance of truth, right or justice; plausible. The claim should have
an appearance of truth; it need not be probably true, but merely plausible.
Ordinarily, a mere denial of the charges without further information
is insufficient to raise a colorable claim.
There can be no colorable claim of innocence if the prisoner or parolee
has been convicted of the charge in court, or has been found guilty of the
charge in probation revocation or disciplinary proceedings.
The strength of the colorable claim must be weighed against the pris-
oner's or parolee's ability to speak for himself. If he has a colorable claim
of denial, he is presumably entitled to assistance of counsel unless he is
particularly capable of speaking for himself.
(c) Mitigating Circumstances. If there are substantial reasons which
justify or mitigate the violation and make revocation or rescission inap-
propriate and the reasons are complex or otherwise difficult to de\ clop
or present, the presumption is also raised.
( 1 ) Substantial Reasons. Claims in justification or mitigation must not
only be colorable, but also substantial. A substantial reason refers to one
neither imaginary nor illusive but rather solid, of real worth, real.
(2) Makes Revocation or Rescission Inappropriate. The reasons put
forward must not only be colorable and substantial but must be such that
they make revocation or rescission inappropriate. A reason justifying or
mitigating an alleged violation will only affect the decision on the need
for counsel if proof of its existence will affect the decision whether or not
to revoked or rescind.
(3) Complex or Otherwise Difficult to Develop or Present. The rea-
sons offered in justification or mitigation must be examined to determine
their complexity. If these reasons are not complex or otherwise difficult
to develop or present, they do not support a presumption that counsel is
needed.
There may be situations where circumstances aggravate the character
of the violation. Disproving such aggravating circumstances must be
considered a process of justification or mitigation. If such aggravating
circumstances are complex or otherwise difficult for the prisoner or pa-
rolee to meet, it should be presumed that counsel is needed.
(4) Rescission and Revocation. Mitigating circumstances may be
presented at the revocation or rescission hearing only.
§ 2694. Ability to Speak for Self.
In every case, the prisoner's or parolee's ability to speak for himself
must be considered. A colorable claim of innocence or a claim of mitigat-
ing circumstances must be weighed against the ability to speak for one-
self. Even where there is no colorable claim or substantial mitigating cir-
cumstances, a prisoner or parolee may be so incapable of speaking for
himself that counsel ought to be granted.
The ability to speak must be evaluated in terms of the charges being
alleged. Physical and mental disabilities, age, education, experience, and
like factors may show need where ordinarily counsel is not required or
may eliminate the need where ordinarily counsel should be provided.
§ 2695. Preliminary and Final Hearings.
Separate attorney determinations should be made for prerevocation
and prerescission hearings and for revocation and rescission hearings. If
an attorney is granted at the prerevocation or prerescission hearing, an
attorney shall be allowed at the revocation or rescission hearing unless
the prisoner or parolee is convicted of the charge before the final hearing.
§ 2696. Information Considered.
The interviewer shall consider all relevant information including: the
reasons for the request; the report supporting the charges; and the cumu-
ladve case summary.
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§2697
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
If the prisoner or parolee refuses to give reasons for the request, it
should be explained that any information provided will not be given to
the hearing panel and that the interviewer will not sit on the hearing panel.
If the prisoner or parolee persists in his refusal, the determination shall
be made on the basis of the information available.
If it is clear from a review of the documents that the prisoner or parolee
is entitled to counsel, a personal interview need not be conducted.
§ 2697. Decision.
The board has final responsibility for deciding whether the prisoner or
parolee is to have the assistance of counsel. The board may delegate the
initial decision to department staff.
§ 2698. Indigent Prisoner or Parolee.
A written declaration of the prisoner's or parolee's inability to pay for
any attorney shall be considered if a request for an attorney is granted.
A prisoner or parolee shall be deemed indigent if he is financially unable
to obtain assistance of counsel.
A prisoner or parolee is presumed able to afford an attorney if the pris-
oner or parolee has one thousand five hundred dollars ($1,300.00) or
more in cash, institutional trust account, savings account, checking ac-
count or any combination of cash and accounts. A prisoner or parolee
with one thousand five hundred dollars ($ 1 ,500.00) must show that he or
she has been unable to obtain an attorney before an attorney will be ap-
pointed at state expense.
NOTH; Authority cited: Section 5076.2, Penal Code. Reference: Gat^non v. Scar-
pelliAW U.S. 778(1973).
History
1. Amendment filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No.
24).
§ 2699. Attorney Selection.
If request for attorney assistance is approved and indigency demon-
strated, counsel shall be provided the prisoner or parolee at state expense.
The central office hearing coordinator shall make arrangements for pro-
viding the attorney.
§ 2700. Hearing Panel Designation.
No person who participated in making an attorney determination or re-
viewing an appeal of a denial of a request for an attorney should be as-
signed to the hearing panel in that case.
§2701. Appeals.
History
1. Repealer filed 4-15-2004 as an emergency; operative 5-1-2004 (Register
2004, No. 16). A Certificate of Compliance must be transmitted to OAL by
8-30-2004 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 8-30-2004 as an emergency; operative 8-30-2004 (Register
2004, No. 36). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2004 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 12-27-2004 as an emergency; operafive 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.
4. Certificate of Compliance as to 12-27-2004 order transmitted to OAL
4-26-2005 and filed 6-8-2005 (Register 2005, No. 23).
Article 7. Warrants of Arrest
§2710. General.
The board may issue warrants ordering a parolee placed or retained in
custody as provided in this article.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Pe-
nal Code.
History
1. Renumbering of Article 6 (Secdons 2710-2714) to Article 7 filed 10-25-79;
effecdve thirtieth day thereafter (Register 79, No. 43).
§ 271 1 . Warrants Based on Board Action.
(a) Parole Suspended. When the Regional Administrator or the Inter-
state Unit submits a parole violation report charging that a parolee has
absconded or otherwise violated the conditions of parole the board at the
central office calendar may decide to order parole suspended. If parole
is suspended, the board shall issue a warrant. The warrant shall be signed
by a commissioner of the board.
NOTE: Authority cited: Section 5076.2. Penal Code. Reference: Sections 3060,
5075 and 5076.1. Penal Code.
History
1 . Amendment filed 1 0-25-79; effective thirtieth day thereafter ( Reeister 79, No.
43).
2. Repealer of subsection (b) filed 12-22-82 by OAL pursuant to Government
Code Section 1 1349.7(i) (Reei.ster 82, No. 52).
3. Amendment filed ]-2()-88; operative 2-19-88 (Register 88. No. 5).
§ 2712. Warrants Based on Individual Member Action.
(a) General. A member may order a parolee placed or retained in custo-
dy when the meinber has good cause to believe the parolee has absconded
or otherwise violated the conditions of parole. This warrant may be is-
sued without any prior board action suspending or revoking parole.
(b) Procedure. The meinber may issue the warrant and notify appropn -
ate law enforcement agencies of the issuance. Immediately after issuing
the warrant the member shall forward the warrant, the reasons or basis
for its issuance and a list of law enforcement agencies noUfied, if any, to
the Executive Officer.
(c) Central Office Procedure. Upon receipt of the warrant the Execu-
dve Officer shall immediately notify the Parole and Cominunity Services
Division of the warrant and the reasons for the issuance. P&CSD shall
investigate the basis for the warrant and submit a parole violation report
to the board at the central office calendar. The board at the central office
calendar may determine to suspend parole and continue the warrant or
may determine not to suspend parole. If parole is not suspended the board
at the central office calendar shall notify the Executive Officer who shall
recall the warrant as provided in § 2713.
§2713. Recall of Warrant.
(a) General. Board warrants remain in full force and effect until the Ex-
ecutive Officer recalls the warrant by removing it from the active warrant
file and notifying appropriate law enforcement agencies that the warrant
has been recalled.
(b) Arrest of Parolee. The Executive Officer shall recall warrants upon
notification from the Regional Administrator that a parolee subject to a
warrant has been taken into custody by the department.
(c) Discharge of Absconder. The Regional Administrator shall notify
the board at the central office calendar of the case of any absconder who
has been at large for five years and who has met the minimum term con-
sidering time in prison, on parole, and at large. The board at the central
office calendar may determine to discharge the absconder. If the board
at the central office calendar discharges the absconder it shall recall the
warrant.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Secfion 3060, Pe-
nal Code.
History
1. Amendment of subsection (c) filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).
§ 2714. State and National Warrant Systems.
(a) California System. All warrants issued pursuant to §§2711 and
2712 for parolees whose whereabouts are unknown shall be entered in
the California warrant system (Wanted Persons System).
(b) National Warrant System.
( 1 ) Criteria for Entering Warrant in National System. Warrants issued
pursuant to §§ 271 1 and 2712 for parolees whose whereabouts are un-
known shall be reviewed by the board at the central office calendar to de-
termine if the warrant should be entered in the national warrant system
(National Crime Information Center — "NCIC"). The factors to consider
in determining whether to enter the warrant in NCIC include whether the
parolee:
(A) Has a history of prior felony convictions for crimes of violence or
for offenses involving weapons, great bodily injury, or sexual assaults;
(B) Is wanted by other state agencies;
(C) Was on parole from a term imposed for a violent crime or for multi-
ple offenses;
Page 106
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Title 15
Board of Prison Terms
§ 2731
(D) May remain on parole at least three months considering the
amount of time his parole period can be extended;
(H) Was suspected of having committed other offenses at the time he
absconded;
(F) Has family, employment, or residential ties with California;
(G) Is likely to have absconded to another state;
(H) Might be accepted for supervision in another state.
The board shall consider any other relevant information, including the
expense of returning a parolee to California.
Whenever the board enters a warrant into the NCIC. the hoard's sus-
pension order shall indicate the specific reasons the warrant has been en-
tered in that system and include an action to return the parolee to Califor-
nia for revocation proceedings.
(2) Execution of Warrant. When the warrant is executed, the parolee
shall be returned to California for revocation proceedings (see Chapter
6. Article 7) unless there are specific circumstances and substantial rea-
sons that indicate a return would not be in the interests of justice.
(3) Purging Warrants. If the warrant has not been executed five years
after entering it in the NCIC, the board shall review the case. If no other
jurisdictions have issued warrants since the board issued its warrant, the
board shall remove the warrant from the NCIC, unless reasons are stated
for retaining the warrant.
NOTE; Authority cited: Section 5076.2, Penal Code. Reference: Section 3060, Pe-
nal Code.
History
1. New section filed 6-1 1-79; effective thirtieth day thereafter (Register 79, No.
24).
2. Amendment filed 1-23-2003; operative 1-23-2003 pursuant to Government
Code section 11343.4 (Register 2003. No. 4).
Article 8. Multijurisdiction Regulations
§ 2730. Application of Article.
The revocation procedures set forth in Articles 1-5 of this chapter ap-
ply to any parolee on parole from a California commitment who is lo-
cated in California. Except as provided in this article, the revocation pro-
cedures set forth in Articles 1-5 in this chapter apply to any parolee on
parole from a California commitment who is being supervised in another
state or who absconds to another state.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057,
3059, 3060, 3064, Penal Code.
History
1. Repealer of Article 7 (Sections 2730-2756) and new Article 7 (Sections
2730-2733) filed 8-17-78; effective thirtieth day thereafter. Filed in the week
of Register 78, No. 33, this amendment is printed in Register 78, No. 41 for tech-
nical reasons (Register 78, No. 41). For prior history, see Register 77, No. 44.
2. Renumbering of Article 7 (Sections 2730-2733) to Article 8 filed 10-25-79;
effective thirtieth day thereafter (Register 79, No. 43).
§ 2731. Absconders from California.
(a) Reporting. P&CSD shall report to the local board at the central of-
fice calendar any parolee who absconds. A parolee absconds when the
parolee leaves California without permission, does not return to Califor-
nia after leaving with permission or has not been available for contact for
thirty days. An absconder report shall be submitted whenever P&CSD is
aware that a parolee has absconded although the parolee may be in the
custody of another jurisdiction and the parolee's location known at the
time the report is submitted. The report shall indicate the date the parolee
absconded or the date P&CSD determined the parolee absconded.
(b) Board Action. When an absconder report is submitted, the board
at the central office calendar shall review the report and suspend parole.
The date of suspension shall be the date the parolee left California, the
date the parolee should have returned to California if out of state with per-
mission, or the date P&CSD determined he absconded. The parole period
stops running the date of suspension. The suspend action authorizes the
board to issue a warrant for the parolee's arrest if the parolee's where-
abouts are unknown or to place a California detainer if he is in the custody
of another jurisdiction.
(c) Absconder Located.
(1) Reporting. P&CSD shall report to the board at the central office
calendar when an absconder is located. If the absconder is located in Cali-
fornia the report shall indicate the date the parolee was located or ar-
rested, whichever is earlier, and the parole period will recommence on
that date. If the absconder is located in another jurisdiction, the parole pe-
riod will recommence as provided in subsection (c)(2).
(2) Board Action.
(A) Located in California. If the absconder is located in California the
provisions of Articles 1-5 shall apply to the revocation procedures. The
board shall reinstate parole effective the date the parolee is arrested or lo-
cated, whichever is earlier. If the board orders parole revoked, the parolee
shall receive credit on the revocation period for any time in custody after
the date the parolee is arrested or located, whichever is earlier. If the pa-
rolee is arrested under an alias, the reinstatement and credit for time in
custody shall commence on the date of arrest even if the Department is
unaware of the arrest because of the parolee's use of an alias.
(B) Located Outside California.
1. General. If the absconder is located in another juri.sdiction the board
at the central office calendar shall determine whether the parolee should
be discharged, referred for supervision in the other jurisdiction or sched-
uled for revocation proceedings as provided in this subsection. The de-
partment report may contain any of these as recommendations.
2. Discharge. After reviewing the case the board may decide to waive
the remaining period of parole. This shall be accomplished by reinstating
the parolee on parole the date of the board action and waiving the remain-
ing period of parole.
3. Out of State Referral. In determining whether the absconder shall
be referred for supervision in the other jurisdiction, the board shall con-
sider the following information: the parolee's employment history and
stability; the parolee's residential pattern; the parolee's family and com-
munity relationships; the parolee's record of absconding from parole.
If the parolee is referred for supervision in the other jurisdiction the pa-
rolee shall be reinstated and the parole period shall recommence on the
date the board orders the parolee referred.
4. Revocation Proceedings Scheduled.
a. No Criminal Prosecution. If the parolee is not undergoing criminal
prosecution in the other state the board shall order the parolee returned
to California for revocation proceedings. The parolee shall be reinstated
on parole effective the date the parolee waived extradition or the date the
court ordered the parolee extradited if he contested extradition. The pa-
role period commences on the effective date of reinstatement.
The parolee shall have a revocation hearing upon his return to Califor-
nia as provided in Article 3 of this Chapter. If the board orders parole re-
voked the parolee shall receive credit on the revocation period for any
time in custody after the effective date of reinstatement.
b. Criminal Prosecution. If the parolee is undergoing criminal prose-
cution in the other state and waives extradition, department staff shall
notify him that he may unconditionally waive the revocation hearing (ij
2651). If the parolee waives the hearing the board action shall include a
reinstate action to reinstate the parole period effective the date of the in
absentia hearing. If the board orders parole revoked the parolee shall re-
ceive credit on the revocation period for any time in custody after the ef-
fective date of reinstatement.
If the parolee does not waive extradition or does not waive the revoca-
tion hearing he shall have a revocation hearing upon return to California
as provided in Article 3 of this Chapter. The board shall reinstate parole
effective on the later of: the date the other jurisdiction notifies P&CSD
that the parolee can be returned to California because the criminal prose-
cution has terminated; or the date the parolee waives extradition. The pa-
role period commences on the effective date of reinstatement. If the
board orders parole revoked the parolee shall receive credit on the revo-
cation period for any time in custody after the effective date of reinstate-
ment.
When the prosecution terminates, the board shall review the decision
to revoke or to schedule for revocation in light of the disposition at the
Page 106.1
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§2732
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title IS
criminal proceedings. The board may reaffirm its earlier action, dis-
charge the parolee, or modify the revocation period, if any.
NOTt-.: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057,
3059, 3060. and 3064, Penal Code.
History
1 . Amendment of subsection (c)(2)(B ) filed 1-25-79; effective thirtieth day there-
after (Register 79. No. 4).
2. Amendment of subsections (c){2)(A) and (c)(2)(B)4 filed .5-28-81; effective
thirtieth day thereafter (Register 81, No. 22).
§ 2732. Multijurisdiction Parolees Who Abscond.
(a) Reporting. When the interstate unit receives information that a
multijurisdiction parolee has absconded, a report shall be submitted to
the board at the central office calendar.A multijurisdiction parolee ab-
sconds when he leaves the supervising state without permission, he does
not return to the supervising state after leaving with permission, or he is
unavailable for contact in the supervising stale for more than thirty days.
An absconder report shall be submitted whenever it is clear that the pa-
rolee absconded although he is in custody or his location is known at the
time the report is submitted. The report shall indicate the date the parolee
absconded or the date the Interstate Unit determined he absconded.
(b) Board Action. When an absconder report is submitted, the board
at the central office calendar shall review the report and suspend parole.
The date of suspension shall be the date the parolee left the supervising
stale, the date the parolee should have returned to the supervising state
if he was granted a temporary leave or the date the interstate unit deter-
mined he absconded. The parole period stops running on the date of the
suspension. The suspend action authorizes the board to issue a warrant
for the parolee's arrest if the parolee is in the custody of another jurisdic-
tion.
(c) Absconder Located.
( 1 ) Reporting. The interstate unit shall report to the board at the central
office calendar when a multijurisdiction absconder is located.
(2) Board Action. If the parolee is located in the supervising state the
board shall reinstate parole effective the date he was located. The parole
period shall commence on the effective date of reinstatement. The board
shall also determine whether to order revocation proceedings or continue
the parolee on parole. If the board orders revocation proceedings the pro-
cedures in Section 2733 shall apply.
If the parolee is located in California, the board shall reinstate parole
on the date of his arrest or location in California, whichever is earlier. All
the procedures of Article 1-5 shall apply to revocation procedures in this
case.
If the parolee is located in a state other than California or the supervis-
ing state the procedures of Section 2731(c)(2) shall apply.
NOTh: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057,
3059, 3060. 3064, Penal Code.
§ 2733. Multijurisdictional Parolees: Revocation.
(a) General. The board may revoke the California parole of any coop-
erative or concurrent parolee. The six-month or one year maximum con-
finement pursuant to revocation shall be computed from the date the oth-
er jurisdiction places a parole hold for California.
(b) Reporting Parole Violations. The interstate unit shall report to the
board at the central office calendar any parolee who is reasonably be-
lieved to have engaged in any of the conduct listed in Section 26 1 6 or who
falls into the criteria of Section 2601. The provisions of Sections
2617-2620 apply to the submission of reports for multijurisdiction parol-
ees.
(c) Board Action.
( 1 ) Issue Warrant. The board shall review the information to determine
if a warrant should be issued to place or retain the parolee in custody. In
making the warrant decision the board shall consider the factors listed in
Sections 2601 and 2602.
(2) Revocation Proceedings. The board shall review the information
to determine whether the parolee should be scheduled for revocation pro-
ceedings or continued on parole.
If the parolee is scheduled for revocation proceedings the provisions
of Section 2641 apply. If the parolee does not waive the revocation hear-
ing or requests a hearing after a conditional waiver, the interstate unit will
arrange for officials of the receiving state to conduct a revocation hear-
ing. The receiving state's recommendations as to good cause shall be re-
ferred to the board. The receiving state may make any recommendation
listed in Section 2645. The board shall review the other state's recom-
mendation and make the decision concerning good cause.
If the decision is to return the parolee to custody, the parolee shall be
returned to California as soon as possible if he is not undergoing criminal
prosecution in the receiving state. If he is undergoing criminal prosecu-
tion, the parolee shall be retained in custody under a parole hold in the
other state. When the criminal prosecution terminates, the board shall re-
view the case to determine whether the parolee should be returned to Cal-
ifornia to complete any time remaining on the revocation time, the revo-
cation order should be modified to the amount of time already serve, or
the parolee should be discharged. In no event will the California hold be
retained for longer than six months or one year from the date the hold was
placed.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Sections 3057.
3059, 3060 and 3064, Penal Code.
History
1. Amendment of subsection (a) filed 1-25-79; effective thirtieth day thereafter
(Register 79, No. 4).
2. Amendment filed 1 1-1 3-85; effective thirtieth day thereafter ( Register 85, No.
46).
Article 9. Parole Revocation Extension
Procedures
§ 2740. Parole Revocation Maximum Term.
Confineinent pursuant to a revocation of parole, in the absence of a
new conviction and commitment to prison under other provisions of law.
shall not exceed 1 2 months, except as provided in Section 2742.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Pe-
nal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Resister 89.
No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
§ 2741 . Release to Parole.
Following a return to custody term of confinement pursuant to a parole
revocation or a parole revocation extension, and without a new commit-
ment to prison, a parolee shall be released to parole for a period which
shall not extend beyond that portion of the maximum statutory period of
parole specified by Penal Code Section 3000 which was unexpired at the
time of each revocation.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Pe-
nal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87.
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89,
No. 8).
3. New section filed 2-1-89; operafive 2-1-89 (Register 89, No. 8).
§ 2742. Parole Violation Extension Procedures.
(a) General. Notwithstanding the provisions of Section 2740, the
board may extend the confinement pursuant to parole revocation for a
maximum of an additional 12 months for subsequent acts of misconduct
committed by the parolee while confined pursuant to that parole revoca-
tion.
(b) Reportable In-Custody Misconduct. Upon discovery of a parol-
ee's misconduct, the institution or county jail/holding facility staff will
detennine whether or not the conduct is reportable to the Board of Prison
Terms as conduct for which revocation custody time may be extended
under Penal Code Section 3057(c).
(c) Reporting. CDC/county jail staff shall present the parolee's mis-
conduct to the Board of Prison Terms. Reports of misconduct shall be for-
Page 106.2
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Title 15
Board of Prison Terms
§2742
warded whether or not the underlying conduct has been adjudicated by
CDC.
Institutional staff shall prepare and present their cases to any available
deputy commissioner or commissioner for screening and disposition of
the case at the institution where the parole violator is housed.
County jail cases will be forwarded to the regional headquarters,
P&CSD. where they will be presented to a deputy commissioner or com-
missioner for screening and disposition.
(d) Extension Pending Hearing. In any misconduct case in which the
parolee is within 45 days of his/her re-release date, and where there is no
deputy commissioner or commissioner personally available, staff shall
report the misconduct by telecopier to the board central office calendar
for immediate action requesting that the parolee" s re-release date be ex-
tended for a period not to exceed 30 days for misconduct punishable as
a serious disciplinary offense or for a period not to exceed 45 days for
misconduct punishable as a misdemeanor or felony. The signature of one
commissioner or deputy commissioner shall be required to order the ex-
tension pending revocation extension proceedings.
(e) Urgent Extension Pending Hearing. In those instances wherein the
act of misconduct takes place immediately prior to release or during such
time as the Board of Prison Terms is closed (holidays, weekends, eve-
nings, etc.), and the release of the parolee/inmate would otherwise take
place without an action by the board, staff may contact authorized BPT
employees by phone and these persons may order that the parolee's re-
lease be extended without written order. Any telephonic extension so or-
dered shall be confirmed by the person ordering it in writing on the next
working day.
(f) Screening. Screening (offering and accepting stipulated disposi-
tions) shall be conducted by one deputy commissioner or commissioner
and an extension period offered commensurate with the degree of seri-
ousness of the misconduct. If the parolee accepts the revocation exten-
sion offer, he/she shall sign an unconditional waiver, under the provi-
sions of section 2641 (a). In cases where there is insufficient information
to support a good cause finding but the reviewer believes that upon pre-
sentation of additional evidence a good cause finding could be made, the
matter will be scheduled for a revocation extension hearing and the com-
missioner or deputy commissioner shall notify P&CSD that additional
evidence must be obtained and provided for the revocation extension
hearing.
(g) Optional Waivers. A parolee may sign an optional waiver under
section 2641(b) in cases where criminal charges are pending relating to
the same conduct. Upon disposition of the criminal charges, the parolee
may request a hearing or sign an unconditional waiver.
(h) Scheduling. All cases requiring an extension hearing shall be
scheduled promptly in order to maintain the availability of witnesses.
When the revocation release date has been extended pending a hearing,
the hearing shall be conducted prior to the extended revocation release
date or the misconduct charges will be dismissed.
(i) Rights. Parolees pending a revocation extension hearing will be af-
forded the same rights as parolees pending revocation hearings.
(j) Transfer Pending Hearing. Parolees scheduled for revocation ex-
tension hearings shall not be transferred from the institution prior to the
hearing.
(k) Disposition.
( 1 ) Multiple Misconduct Charges. Multiple misconduct charges shall
be assessed consecutive to each other, and shall not exceed 1 2 months for
all misconduct during one parole revocation period.
(2) Disciplinary Rule Violation Schedule. When a hearing panel
makes a good cause finding that a prisoner has committed an act of mis-
conduct which is subject to punishment pursuant to Penal Code Section
3057, the hearing panel may assess additional time to the prisoner's pa-
role revocation period in accordance with the following schedule:
(A) Felonies. Upon a finding of good cause that a prisoner, confined
pursuant to a parole revocation, has committed an act of misconduct pun-
ishable as a felony, whether or not prosecution is undertaken, the board
may assess from 0-180 days of addifional revocation time.
Acts of misconduct which are punishable as felonies include the fol-
lowing:
1 . Murder, manslaughter or attempted murder.
2. Aggravated assault by prisoner.
3. Possession or manufacture of any firearm, deadly weapon, or explo-
sive device (includes any sharp instrument).
4. Battery on non-prisoner by prisoner.
5. Assault with a deadly weapon or caustic substance.
6. Rape, Sodomy or oral copulaUon accomplished against victim with
force.
7. Arson involving the burning of a structure.
8. Possession of flammable explosive or combustible material with in-
tent to bum any structure or property.
9. Solicitation of murder, assault with a deadly weapon by means of
force likely to produce bodily injury, arson, or a forcible sex act.
10. Taking of a hostage.
1 1. Escape or attempted escape, with force.
12. Escape from any prison, institution, camp or re-entry facility.
13. Escape or attempted escape without force from a prison, institu-
tion, camp or re-entry facility.
14. Willful and intentional destruction of public property valued in ex-
cess of $400 in a state prison or county jail.
15. Conspiracy to commit any felony or misdemeanor offense.
16. Assault or battery on a peace officer, not involving the use of a
weapon.
17. Furnishing equipment or aiding and abetting an escape or escape
attempt.
18. Extortion.
19. Bribery.
20. Solicitation of extortion, bribery or forgery.
21. Arson of land or property of another not involving a structure.
22. Forgery, falsificafion or alteration of any official record or docu-
ment prepared or maintained by the department which could affect a term
of imprisonment.
23. Possession of any narcotic, drug or controlled substance in are-en-
try facility.
24. Manufacture of alcohol.
25. Possession of any alcoholic beverage or intoxicating substance, in
any prison, institution or camp including a re-entry facility.
26. Possession of any container, device, contrivance, instrument or
paraphernalia intended for unlawfully injecting or consuming narcotics,
drugs or alcoholic beverages.
27. Commission of any felony offense not otherwise mentioned in this
schedule.
(B) Misdemeanors. Upon a finding of good cause to believe that a pris-
oner, confined pursuant to a parole revocation, has committed an act of
misconduct punishable as a misdemeanor, whether or not prosecution is
undertaken, the board may assess from 0-90 days of additional revoca-
tion time.
Acts of misconduct which are punishable as misdemeanors include the
following:
1. Participating in a riot, rout or unlawful assembly.
2. Incifing a riot.
3. Indecent exposure.
4. Battery on a prisoner in which no serious bodily injury is inflicted
and no weapon is used.
5. Theft or embezzlement involving funds or property with a value less
than $400.
6. Intenfional destrucfion of state property valued at less than $400.
7. Consensual parucipation in an act of sodomy or oral copulation.
8. Gambling in any prison, institution, camp or re-entry facility.
9. Commission of any misdemeanor offense not otherwise mentioned
in this schedule.
(C) Serious Disciplinary Offenses . Upon a finding of good cause to be-
lieve that a prisoner, confined pursuant to a parole revocation, has com-
mitted an act of misconduct defined as a serious rule violation pursuant
Page 106.3
Register 2003, No. 4; 1-24-2003
§2743
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
to Section 33 1 5, the board may assess from 0-30 days of additional revo-
cation time.
Serious disciplinary offenses include but are not limited to the follow-
ing:
1 . Any act committed by a prisoner is a serious disciplinary offense if
the act or action of the prisoner is an act of force or violence against
another person, a breach of or presents a threat to institution security, a
serious disruption of institution operations, the introduction or use of
dangerous contraband or controlled substances or an attempt to commit
any such act coupled with a present ability to carry out the threat or at-
tempt if not prevented from doing so.
2. Any act of misconduct which is reportable to the Board of Prison
Terms.
3. Intentional destruction of state property valued at $50 or more, or
intentional damage to state property requiring more than $50 to repair or
replace.
4. Hideout or preparation to escape.
5. Possession of escape paraphernalia.
6. Possession of money in an amount of five dollars or more without
proper authorization.
7. Acts of disobedience or disrespect which by reason of intensity or
context create a potential for violence or mass disruptive behavior.
8. Willfully inciting or attempting to incite other persons to commit an
unlawful act of force or violence.
9. Refusal or failure to perform work or participate in programs as or-
dered or assigned.
10. Participation in a strike or work stoppage.
1 1 . Mail or visiting violations that create a threat to the safety of any
individual or to institutional security, including the introduction of dan-
gerous contraband or a controlled substance, or the obtaining or attempt
to obtain a family visit by falsification of information.
12. The throwing of any liquid or solid substance on a nonprisoner.
13. Unauthorized possession of official departmental records or docu-
ments which could affect any prisoner's sentence.
14. Refusal to submit to a test for controlled substances.
15. Late return or failure to return from authorized temporary release.
16. A pattern of administrative rule violations indicating significant
maladjustment, which violations are of increasing seriousness or are of
special significance in light of an existing release date.
17. Involvement in a conspiracy to do any or all of the above.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Pe-
nal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4—6-88.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 89,
No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4—6-88.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 89,
No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
4. Editorial correction adding HISTORY Nos. 2 and 3 (Register 89, No. 30)
§ 2744. Non-Eligibility for Worktime Credits.
The following parolees are not eligible for credits:
(a) parolees who are sentenced under Penal Code Section 1 168 with
a maximum term of life iinprisonment.
(b) parolees who violate a condition of parole relating to association
with specified persons, entering prohibited areas, attendance at parole
out-patient clinic, or psychiatric attention.
(c) parolees who were revoked for conduct described in, or that could
be prosecuted under, any of the following sections whether or not prose-
cution is undertaken: Section 189, Section 191.5, subdivision (a) or para-
graph (3) of subdivision (c) of Section 192, Sections 203, 207. 21 1, 217. 1
or 220, subdivision (b) of Section 241 , Section 244, paragraph ( 1 ) or (2)
of subdivision (a) of Section 245, subdivision (2) of Section 261 , Section
264.1, subdivision (c) or (d) of Section 286, Section 288, subdivision (c)
or (d) of Section 288a, Sections 289, 347, or 404, subdivision (a) of Sec-
tion 451, Sections 12020, 12021, 12022, 12022.5, 12022.7, 12022.8,
1 2025, or 1 2560, or Section 664 for any attempt to engage in conduct de-
scribed in or that could be prosecuted under any of the above-mentioned
sections.
(d) parolees who were revoked for any reason if they had been granted
parole after conviction of any of the offenses specified in Section
2744(c).
(e) parolees who the Board of Prison Terms finds at a revocation hear-
ing to be unsuitable for reduction of the period of confinement because
of the circumstances and gravity of the parole violation, or because of
prior criminal history.
NOTE: Authority cited: Section 5076.2, Penal Code. Reference: Section 3057, Pe-
nal Code.
History
1. New section filed 12-7-87 as an emergency; operative 12-7-87 (Register 87,
No. 50). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-88.
2. Repealed by operation of Government Code Section 1 1346.1(g) (Register 89,
No. 8).
3. New section filed 2-1-89; operative 2-1-89 (Register 89, No. 8).
Chapter 7. Executive Clemency
Article 1. Certificate of Rehabilitation
History
1. Repealer of Article 1 (Sections 2800-2807) filed 8-12-82; effective thirtieth
day thereafter (Register 82, No. 33).
Article 10. Worktime Credits
Article 2. Traditional Pardon Procedures
§ 2743. Worktime Credits.
(a) Except for those parolees falling within the guidelines of Section
2744, any revocation period imposed pursuant to Section 2740 may be
reduced in the same manner and to the same extent as the term of impris-
onment may be reduced by worktime credits under Penal Code Section
2933. Worktime credit must be earned and may be forfeited pursuant to
the provisions of Penal Code Section 2932.
(b) Worktime credit forfeited shall not be restored.
(c) Detention in a county jail facility or community correctional facil-
ity shall result in the application of time credits equal to those provided
in Penal Code Section 293 1 .
Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 2931,
2932, 2933 and 3057, Penal Code.
§2815. General.
The procedures in this article apply to persons sentenced to life impris-
onment without possibility of parole, to persons residing outside of Cali-
fornia, and to persons discharged or released on parole before May 13,
1943.
§ 2816. Application Direct to Governor.
(a) Persons Eligible. The following persons shall apply directly to the
Governor: persons residing outside California, persons discharged or re-
leased on parole prior to May 13, 1 943, and persons serving sentences of
life imprisonment without possibility of parole who have suffered more
than one felony conviction.
(b) Board Investigation. Upon request of the Governor the board shall
investigate and report on any application for reprieves, pardons and com-
•
Page 106.4
Register 2003, No. 4; 1-24-2003
Title 15
Board of Prison Terms
§ 2870
mutations of sentence. The board shall consider the application, the tran-
scripts of judicial proceedings and all documents submitted with the
application. Investigators for the board may take testimony, examine wit-
nesses under oath and take all action necessary to conduct a full and com-
plete investigation of the application. The board may require the court in
which the conviction was had or the district attorney who prosecuted the
action, to furnish it immediately with a summary of the facts proved at
trial, any other facts relevant to issuing or denying the pardon, and any
recommendations, including the reasons, concerning granting or deny-
ing the pardon.
§ 2817. Board Referral to Governor.
Note: Authority cited: Sections 3052 and 5076.2. Penal Code. Reference: Sec-
tions 4801 and 5076.1, Penal Code.
History
1. Amendment of subsections (e) and (f) and new subsection (g) filed 4—4-78; ef-
fective thirtieth day thereafter (Register 78, No. 14).
2. Amendment of subsection (b) filed 8-12-82; effective thirtieth day thereafter
(Register 82, No. 33).
3. Repealer of subsection (c) and relettering of subsections (d)-(g) to subsections
(c)-(f) filed 12-22-82 by OAL pursuant to Government Code Section
11349.7(j) (Register 82, No. 52).
4. Repealer of subsecfion (f) filed 3-7-84; effective thirtieth day thereafter (Regis-
ter 84, No. 10).
5. Amendment filed 1 1-13-85; effecUve thirtieth day thereafter (Register 85. No.
46).
6. Amendment of subsections (a) and (b) and Authority Note, repeal and new sub-
sections (c)-(e), and new subsections (f)-(h) filed 11-26-90; operative
12-26-90 (Register 91, No. 2).
7. Repealer filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
§ 281 7.1 . Board Hearing, Clemency.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 4801 and 5076.1, Penal Code.
History
1. New section filed 1 1-26-90; operative 12-26-90 (Register 91, No. 2).
2. Repealer filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
§2818. Board Recommendation.
Prior to en banc consideration the executive officer shall assign a
deputy commissioner or the chief investigator or his or her designee to
complete a background investigation and submit a written report.
In all cases referred to the board for investigation by the Governor, the
full board shall consider the recommendation to be made to the Governor
regarding pardon and/or commutation. The recommendation of a major-
ity of the full board shall be the board's recommendation to the Governor.
If the case was referred by a hearing panel and the board does not recom-
mend pardon, the board shall not refer the case to the Governor but shall
provide the prisoner with its reasons for not recommending pardon.
NOTE: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sec-
tions 4801 and 5076.1, Penal Code.
History
1 . New undesignated first sentence and Note filed 1 1 -26-90; operafive 12-26-90
(Register91,No. 2).
2. Amendment filed 12-20-93; operative 1-19-94 (Register 93, No. 52).
§2819. Governor's Action.
History
1. Repealer filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).
Deputy Commissioner, the Board shall investigate cases with informa-
tion or evidence that the prisoner suffered Battered Woman Syndrome
(BWS), as defined in section 2000(b), to determine whether the criminal
behavior was the result of that victimization. If the investigation sub-
stantiates that the criminal behavior was the result of that victimization,
the Board shall then decide whether further action, which may include
a recommendation to the Governor that the prisoner's sentence be com-
muted pursuant to Penal Code section 4801 , or a referral of the case back
to the court pursuant to Penal Code section 1 1 70(d), is appropriate. Board
staff shall document the results of investigations from all referrals.
NOTE: Authority cited: Sections 3052 and 5076.2(a), Penal Code. Reference: Sec-
tions 1170(d), 4801, 5075.5 and 5076.1, Penal Code.
History
1. New article 3 (section 2830) and section filed 3-16-2001 as an emergency; op-
erative 3-16-2001 (Register 2001, No. 1 1 ). A Certificate of Compliance' must
be transmitted to OAL by 7-16-2001 or emergenc} 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).
Article 3. Battered Woman Syndrome;
Commutation or Court Referral
§ 2830. Recommendation to Governor or Other Action.
Upon referral from the Executive Officer, a Commissioner, or a
Chapter 10. Foreign Prisoner Transfer
§ 2870. Foreign Prisoner Transfer.
The Chairman of the Board of Prison Terms, as the Governor's desig-
nee, has been given the authority to approve or disapprove foreign pris-
oner transfers under the Convention on the Transfer of Sentenced Per-
sons pursuant to Government Code section 12012.1. Any prisoner
wishing to transfer to his/her country of citizenship must submit a written
request to the Chairman.
(a) Requests. As a part of the request for transfer, the prisoner must re-
quest that the receiving nation submit a letter directly to the Chairman
stating an intenfion to accept the transferred prisoner and indicating the
receiving nation's intentions regarding the incarceration of the prisoner.
These indications should include such information as the intended dura-
tion of the prisoner's sentence in that country and the parole programs
available for the prisoner upon his release. Once the Chairman has re-
ceived the prisoner's written request and the receiving nation's letter of
intent, the following factors will be considered and a decision rendered.
(b) Factors Considered. In making a decision on the transfer of a sen-
tenced person, factors to be considered include, but are not limited to, the
following:
(1) The possibility of the transfer contribufing to the prisoner's social
rehabilitation;
(2) The gravity of the commitment offense;
(3) The prior criminal history of the prisoner;
(4) The health of the prisoner;
(5) The family, social, or other ties of the prisoner to the sentencing
state and the receiving nation; and
(6) The relevant law within the receiving nation for the criminal of-
fense committed by the prisoner, including sentencing guidelines.
NOTE: Authority cited: June 9, 1999 Delegation of Authority from Governor Da-
vis to Chairman James Nielsen and the Board of Prison Terms. Section 1 2012. 1.
Government Code. Reference: Secdon 12012.1, Government Code. The Conven-
tion on the Transfer of Sentenced Persons, 22 I.L.M. 530 (1983).
History
1. New chapter 10 (section 2870) and section filed 6-18-99 as an emergency; op-
erative 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be
transmitted to OAL by 10-18-99 or emergency language will be repealed by
operation of law on the following day.
2. Certificate of Compliance as to 6-1 8-99 order transmitted to OAL 8-24 99 and
filed 10-5-99 (Register 99, No. 41).
* * *
Page 106.5
Register 2003, No. 4; 1-24-2003
^^Hl
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 3. Adult Institutions, Programs and Parole
Vol. 20
XHOIVISOIM
^
AA/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 15
Adult Institutions, Programs and Parole
Table of Contents
Division 3. Adult Institutions, Programs and Parole
Table of Contents
Page
Page
Chapter
Rules and Regulations of Adult
Article 1.
t "C "
Behavior
§ 3000.
Definitions.
§ 3000.5.
Rules of Construction.
§3001.
Subject to Regulations.
§3001.5.
Assignment to Caseworker.
§ 3002.
Notice of Program, Behavioral, and
Participation Expectations.
§ 3003.
Tlireats Against Public Officials.
§ 3004.
Riglits and Respect of Others.
§ 3005.
Conduct.
§ 3006.
Contraband.
§ 3007.
Sexual Behavior.
§ 3008.
Obscenity.
§ 3009.
Gambling.
§ 3010.
Gifts and Gratuities.
§3011.
State Property.
§3012.
Theft.
§3013.
Unlawful Influence.
§ 3014.
Calls and Passes.
§3015.
Unauthorized Areas and Facility
Boundaries
§3016.
Controlled Substances, Drug
Paraphernalia, and Distribution.
§3017.
Responsibility for Counts.
§3018.
Telephones.
§ 3019.
Identification.
§ 3020.
Inmate Activity Groups.
§3021.
Falsification of Records or
Documents.
§ 3022.
Flquality of Inmates.
§ 3023.
Gang Activity.
§ 3024.
Business Dealings by Inmates.
Article 1.5.
DNA and Forensic
Identification 1 16
§ 3025. Department of Justice DNA and
Forensic Identification Database and
Data Bank Program.
117
Article 2.
State-Issued Inmate Clothing
and Linen
§ 3030.
Issuance and Possession of State
Clothing and Linen.
§3031.
Neatness and Laundry Exchange.
§ 3032.
Alteration of Clothing.
§ 3033.
Alteration.
Article ^.
Work and Education
§ 3040.
Participation.
§3040.1.
Substance Abuse Programs for
Inmates.
§ 3040.2.
Bridging Education Program.
§ 3041.
Performance.
§3041.1.
Paid Inmate Work/Training
Assignment Criteria.
§3041.2.
Inmate Pay Rates, Schedule and
Exceptions.
§3041.3.
Inmate/Parolee Access to
Computers.
Article 3.5.
Credits
§ 3042.
Credit for Participation.
118
121
§ 3043.
§3043.1.
§ 3043.2.
§ 3043.3.
§ 3043.4.
§ 3043.5.
§ 3043.6.
§ 3043.7.
§ 3044.
§ 3045.
§3045.1.
§ 3045.2.
§ 3045.3.
§ 3046.
§ 3047.
Article 4.
§ 3050.
§3051.
§ 3052.
§ 3053.
§ 3054.
§3054.1.
§ 3054.2.
§ 3054.3.
§ 3054.4.
§ 3054.5.
§ 3054.6.
§ 3055.
§ 3056.
Article 5.
§ 3060.
§3061.
§ 3062.
§ 3063.
§ 3064.
Article 6.
§ 3070.
§3071.
§ 3072.
§ 3073.
Article 6.1.
§ 3074.
Article 6.3.
§ 3074.3.
Article 6.5.
Credit Earning.
Waiver
Loss of Participation Credit.
Loss of Behavior or Worktime
Credit.
Non-Credit Earning.
Credit Earning Special
Assignments.
Impact of Transfer on Credit
Earning.
Impact of 45-Day Notification on
Credit Earnings.
Inmate Work and Training Incentive
Groups.
Timekeeping and Reporting.
Timekeeping for Inmates in
Administrative Segregation.
Excused Time Off (ETO).
"S" Time.
Workers' Compensation for
Inmates.
Unemployment Compensation and
Disability Benefits.
Food Services 1 32
Regular Meals.
Use of Pork or Pork Derivatives.
Health and Safety Standards.
Food for Religious Events.
Religious Diet Program.
Religious Vegetarian Diet.
Jewish Kosher Diet.
Participation in a Religious Diet
Program.
Monitoring for Religious Diet
Program Inmate Compliance.
Meals Served to Non-Inmates.
Reimbursement for State Purchased
Food.
Use of Food.
Meals Served to Non-Inmates.
134
35
Personal Cleanliness
Means.
Personal Hygiene.
Inmate Grooming Standards.
Tattoos.
Quarters.
Camp Assignment
Regulations and Procedures.
Camp Limits.
Public Contact.
Vehicles.
Alternative Sentencing
Program 135
Alternative Sentencing Program
Establishment.
The Family Foundations
Program 136
The Family Foundations Program.
Intake, Release and
Discharge of Inmates 137
Page
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title IS
Page
Page
Jj 3075. Initial Intake.
S 3075.1. Intake Processing.
§ 3075.2. Releases.
§ 3075.3. Dischai-ge Certificates.
§ 3075.4. Earned Discharge From Parole.
[Repealed]
S 3076. Recall of Commitment
Recommendation Circumstances.
§ 3076. 1 . Recall of Commitment
Consideration Criteria.
§ 3076.2. Recall of Commitment Processing.
§ 3076.3. Victim Notification for Recall of
Commitment Recommendations.
Article 7. Furloughs and Temporary
Leave 143
§ 3080. Administration.
§3081. Compliance.
§ 3082. Temporary Leaves.
§ 3083. Couit Hearing on Inmate's
Children.
Article 8. Appeals 143
§ 3084. Definitions.
§3084.1. Right to Appeal.
§ 3084.2. Appeal Preparation.
§ 3084.3. Screening Appeals.
§ 3084.4. Appeal System Abuse.
§ 3084.5. Levels of Appeal Review and
Disposition.
§ 3084.6. Appeal Time Limits.
§ 3084.7. Exceptions to the Regular Appeals
Process.
§ 3085. Americans With Disabilities Act.
Subchapter 2. Inmate Resources 152
§3137.
Appeals Relating to Mail and
Correspondences.
§3138.
Indigent Inmates.
§3139.
Correspondence Between Inmates.
Parolees, and Probationers.
§3140.
Funds Enclosed in Coirespondence.
§3141.
Confidential Correspondence.
§3142.
Processing of Outgoing Confidential
Mail.
§3143.
Processing Incoming Confidential
Mail.
§3144.
Inspection of Confidential Mail.
§ 3145.
Enclosures in Confidential Mail.
§ 3146.
Mail in Languages Other Than
English.
§ 3147.
Definifion and Disposition of Mail.
[Renumbered]
Article 1.
§ 3090.
§3091.
§ 3092.
i^ 3093.
§ 3094.
§ 3095.
Article 1.5.
§ 3097.
Article 2.
§3100.
§3101.
§ 3102.
§3103.
§ 3104.
§ 3105.
§3106.
§3107.
§3108.
§3109.
Article 3.
§3120.
§3121.
§ 3122.
Article 4.
§3130.
§3131.
§3132.
§3133.
§3134.
§3134.1.
§ 3135.
§ 3136.
Canteens 152
Inmate Canteen Establishment and
Draw Limits.
Inmate Canteen Operation.
Special Inmate Canteen Purchases.
Canteen Yard and Cash Register
Cards.
Exceeding Inmate Canteen Limits.
Nonroutine Canteen Draws.
Inmate Wages and Deductions 153
Inmate Restitution Fine and Direct
Order Collections.
Handicraft 154
Handicraft Program Participation.
Volume.
Suspension or Termination.
Gifts.
Inmate Handicraft Sales.
Handicraft Program Assistance to
Indigent Inmates.
Materials.
Donafing Items to the Institution.
Subcontracting.
Business Dealings.
Library
Inmate Library Requirements.
Library Restrictions and Penalties.
Inmate Law Library.
Mail
General Policy.
Plan of Operation.
Responsibility and Compliance.
Definitions and Disposition of Mail.
General Mail Regulations.
Processing of Publications.
Disturbing or Offensive
Correspondence.
Disapproval of Inmate Mail.
155
156
Article 5.
Inmate Manuscripts 160.4
§ 3150.
Definitions.
§3151.
Possession.
§ 3152.
Unauthorized or Dangerous
Material.
§ 3153.
Mailing.
Article 6.
Legal Documents 160.4
§3160.
Inmate Access to Courts.
§3161.
Inmate-Owned Legal Materials.
§3162.
Legal Forms and Duplicating
Services.
§3163.
Assisting Other Inmates.
§3164.
Administrative Segregation.
§ 3165.
Mailing Legal Documents.
Article 7.
Visiting 162
§ 3170.
General Visiting.
§3170.1.
General Visifing Guidelines.
§3170.5.
Child Victim Visiting Restrictions.
§3171.
Visiting Procedures.
§ 3172.
Applying to Visit an Inmate.
§3172.1.
Approval/Disapproval of
Prospective Visitors.
§ 3172.2.
Minimum Visiting Days and Hours.
§3173.
Processing of Approved Visitors.
§3173.1.
Visiting Restrictions with Minors.
§ 3173.2.
Searches and Inspections.
§3174.
Standards of Dress for Inmate
Visitors.
§3175.
Standards of Conduct for Inmates
and Their Visitors.
§ 3176.
Denial, Restriction, Suspension,
Termination or Revocation of Visits
and Exclusion of a Person.
§3176.1.
Visitor Violation Process.
§ 3176.2.
Violation of State Law on
Institufion/Facility Property.
§3176.3.
Exclusion of a Person from
Institutions/Facilities.
§ 3176.4.
Restriction, Revocation or
Suspension of an Inmate's Visits.
§3177.
Family Visiting (Overnight).
§3178.
Attorney Visitations and
Consultation.
§3179.
Appeals Relating to Visiting.
§ 3182.
Minimum Visiting Days and Hours.
Article 8.
Tobacco 171
§3187.
Smoking Policy.
§3188.
Tobacco Products.
§3189.
Inmate Violations and Cessation
Assistance.
Article 9.
Personal Property 172
§ 3190.
General Policy.
§3191.
Property Registration and
Disposition.
§3192.
Possession and Exchange.
§3193.
Liability.
§ 3194.
Extradition Inmate Property.
Page ii
(7-25-2008)
Title 15
Adult Institutions, Programs and Parole
Page
Release Clothing. § 3260. 1 .
Inmate Privileges 174.2 s 3"'61
Inmate Activities 174.2 , .,^,, ,
?! 3261.1.
General Policy. j^ 30^] ^
Religious Program 174.2 ^ 3261.3.
'^ § 3''61 4
Establishment ot Religious l ,-,-., c
P'""?^^"^:;-. . SV326L6:
Inmate Mmisters.
Scheduled Services. ^^ ^^^, -,
Stipulations Regarding Religious " " ~
Artifacts, Sanctuaries, and ^ o^,^
Sacramental Wine. L, -joaT
Inmate Marriages 175 ^ -^-64.
Mamage. l^
Recreational and Physical § 3267.
Education Programs I7.s
Recreational and Physical Education Article 1 .5.
Program Participation.
Recreation and Physical Education ^ ^^ ,„
Program Safety. ' ^^^^o'.
Academic Standards.
Conservation Camp Programs. ^ 'I'jf.ft 1
Movies/Videos for Inmate Viewing. " ' ~
State-Owned Television Sets. Article 1.6.
Safety. j^ 3259
Physical Fitness. s 30^9 j
Unauthorized Activity.
Article 2.
Inmate Councils, Committees, ^ -^^^q
and Activity Groups 177 § 3270.1.
Establishment of Inmate Advisory § 3271.
Councils. § 3272.
Special Inmate Committees. § 3273.
Inmate Participation in Committees.
Inmate Leisure Time Activity § 3274.
Groups. § 3275.
Establishment of Inmate Leisure § 3276.
Time Activity Groups. § 3277.
Termination of an Inmate Leisure § 3278.
Time Activity Group. § 3279.
Attendance at Group Activities. § 3280.
Inmate Membership in Outside § 3281.
Organizations. § 3282.
§ 3283.
Inmate Fund Raising § 3284.
Campaigns and the Inmate § -^285.
Welfare Fund 179 ^ 3285'
Inmate Fund-Raising Campaigns.
Donations. § 3288.
Inmate Welfare Fund Processing jj 3289.
Fees. § 3290.
Donations. § 3291.
Institution Publications 180
Inmate Publications. s 3993
Material Prohibited from Inmate s 3'?94 1
Publications.
Inmate Publication Disclaimer and « 3294 5
Editing Authority.
Resolution of Inmate Publication Article 3.
Editing Disagreements. § 3295.
Termination of an Inmate
Publication. § 3296.
Participation. § 3297.
General Institution Article 4.
Regulations 180 § 3300.
§3301.
Public Information and § 3302.
Community Relations 180 ! VP^:
§ 3304.
Public Access to Facilities and
Programs. Article 5.
Table of Contents
§ 3195.
Article 10.
Subchapter 3.
§ 3200.
Article 1.
§ 3210.
§3211.
§3212.
§ 3213.
Article 1.5.
§3216.
Article 2.
§ 3220.
§ 3220.1.
§ 3220.2.
§ 3220.3.
§ 3220.4.
§ 3220.5.
§ 3221.
§ 3222.
§ 3223.
Article 3.
§ 3230.
§3231.
§ 3232.
§ 3233.
§ 3234.
§ 3235.
§ 3236.
§ 3237.
Article 4.
§ 3240.
§ 3240.1.
§ 3240.2.
§ 3241.
Article 5.
§ 3250.
§ 3250.1.
§ 3250.2.
§ 3250.3.
§ 3250.4.
§3251.
Subchapter 4.
Article 1.
§ 3260.
Page
Public Records Duplication
Services.
Moviemakers, Broadcasters,
Writers.
Media Access to Facilities.
Authorized Release of Information.
Notifying Media of Escapes.
Media Inquiries.
Routine Media Interviews.
Seriously or Terminally 111 Inmate
Media Interviews.
Cameras and Other Audio or Visual
Recording Devices.
Public Events.
Group Visits.
Employee Guests.
Arts and Crafts Exhibits.
Inmate Contacts with the Public.
Access of Public Officials to
Facilities.
Use of Force and Restraining
Devices 183
Use of Force.
Reporting and Investigating the Use
of Force.
Use of Restraints.
Inmate Housing 1 84
Inmate Housing Assignments.
Integrated Housing.
Security 184.2
General Policy.
Lethal Electrified Fences.
Responsibility of Employees.
Custody Classification.
Acceptance and Surrender of
Custody.
Inmate Count and Movement.
Weapons.
Firearms.
Use of Tear Gas.
Control of Inmates and Parolees.
Use of Force.
Mechanical Restraint.
Corporal Punishment.
Use of Telephones by Inmates.
Unauthorized Persons.
Unattended Vehicles.
Association with Inmates.
Controlling and Reporting Fights.
Cell, Property and Body
Inspections.
Notice to Public.
Trespass.
Testing of Controlled Substances.
Employee Law Enforcement and
Peace Officer Personnel.
Arrest and Detention.
Polygraph Examinations.
Inmate Operation of a Motor
Vehicles.
Inmate Name Change.
Escapes I88.3
Duty of Employees to Prevent
Escapes.
Escape Pursuit Plan.
Air Space Management.
Disorders and Emergencies 188.4
Prevention of Disorders.
Disturbance Control Plan.
Flmergency Preparedness Plan.
Safety and Security.
Hostages.
Inmate Discipline 188.6
Page iii
(7 25 20I1S)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
Page
§3310.
§3311.
§3312.
§3313.
§3314.
§3315.
§3316.
§3317.
§3318.
§3319.
§ 3320.
§3320.1
§3321.
§ 3322.
§ 3323.
§ 3324.
§ 3325.
§ 3326.
Article 5.5.
§ 3327.
§ 3328.
§ 3329.
Article 6.
§ 3330.
§3331.
§ 3332.
§ 3333.
Article 6.5.
§ 3334.
Article 7.
§ 3335.
§ 3336.
§ 3337.
§ 3338.
§ 3339.
§ 3340.
§3341.
§3341.5.
§ 3342.
§ 3343.
§3344.
§ 3345.
Article 7.5.
§ 3349.
Article 8.
§ 3350.
§3350.1.
§ 3350.2.
§3351.
§ 3352.
§3352.1.
§ 3352.2.
§ 3353.
§3353.1.
Definitions.
Reporting Rule Violations.
Disciplinary Methods.
Classification of Rules Violation
Report and Notice of Pending
Charges.
Administrative Rule Violations.
Serious Rule Violations.
Referral for Criminal Prosecution.
Mental Health Evaluations for
Disciplinary Hearings.
Assistance to Inmates for Serious
Rule Violations.
Investigative Employees.
Hearing Procedures and Time
Limitations.
Hearings for Transferred Inmates.
Confidential Material.
Length of Confinement.
Disciplinary Credit Eorfeiture
Schedule.
Conduct Reportable to the Releasing
Authority.
Appeal of Disciplinary Actions.
Records of Disciplinary Matters.
Restoration of Forfeited
Worktime Credits 188.20
Restoration of Forfeited Credits.
Disciplinary-Free Periods.
Extraordinary Circumstances.
Disciplinary Detention 188.22
Disciplinary Detention.
Conditions of Detention.
Administration and Supervision of
Detention Units.
Confinement to Quarters.
Behavior Management Unit 188.23
Behavior Management Unit.
Segregation Housing 188.25
Administrative Segregation.
Segregation Order.
Review of Segregation Order.
Hearing on Segregated Housing
Order.
Release from Administrative
Segregation and Retention in
Administrative Segregation.
Exclusions.
Staff Assistance.
Segregated Program Housing Units.
Case Review.
Conditions of Segregated Housing.
Administrative Segregation
Records.
Officer in Charge.
Execution of Death Penalty 188.33
Method of Execution.
§ 3354.
§3354.1.
§ 3354.2.
§ 3355.
§ 3355.1.
§ 3355.2.
§ 3356.
§ 3357.
§ 3358.
§ 3359.
Article 9.
§ 3360.
§3361.
§ 3362.
§ 3363.
§ 3364.
§ 3365.
§ 3366.
§ 3367.
§ 3368.
§ 3369.
§3369.1.
Article 9.1.
§ 3369.5.
Article 9.5.
§ 3370.
§ 3370.5.
§3371.1.
§ 3371.2.
Health Care Responsibilities and
Limitations.
Elective Surgery.
Inmate Copayment for Health Care
Services.
Health Care Examinations.
Dental Examinations.
Treatment for Pregnant Inmates.
Health Care Treatment for Parolees.
Inmate Deaths.
Artificial Appliances.
Donation and Sale of Blood.
Mental Health Services 188.44
Availability of Mental Health
Services.
Responsibility.
Availability of Treatment.
Right to Refuse Treatment.
Involuntary Medication.
Suicide Prevention and Response.
Mental Health Advisory Board.
Psychosurgery.
Aversive Therapy.
Shock Therapy.
Inmate/Parolee Placements in
Department of Mental Health
Hospitals.
Research of Inmates/
Parolees 188.46
Research.
Case Records 188.46
Case Records File and Unit Health
Records Material — Access and
Release.
Detainers.
Computation of Time and Preprison
Credit.
Credits for Escapee or Parole
Violator.
Medical and Dental Services . . .
Provision of Medical Care and
Definifions.
Medical and Dental
Treatment/Service Exclusions.
Off-Site Health Care Treatment.
Inmate Refusal of Treatment.
Medical Authorization Review
Committee.
Health Care Review Committee.
Dental Authorization Review
Committee.
Informed Consent Requirement.
Capacity for Informed Consent.
188.37
Article 10.
Classification
§ 3375.
Classification Process.
§3375.1.
Inmate Placement.
§ 3375.2.
Administrative Determinants.
§ 3375.3.
CDC Classification Score Sheet,
CDC Form 839, Calculation.
§ 3375.4.
CDC Reclassification Score Sheet,
CDC Form 840, Calculation.
§ 3375.5.
CDC Readmission Score Sheet,
CDC Form 841, Calculation.
§ 3376.
Classification Committees.
§ 3376.1.
Departmental Review Board.
§ 3377.
Facility Security Levels.
§3377.1.
Inmate Custody Designafions.
§ 3377.2.
Criteria for Assignment of Close
Custody.
§ 3378.
Documentation of Critical Case
Information.
§3378.1.
Debriefing Process.
§ 3378.2.
Advisement of Rights During
Debriefing.
§ 3379.
Inmate Transfers.
Subchapter 5.
Personnel
Article 1.
Wardens, Superintendents,
Parole Region
Administrators
§ 3380.
Chief Executive Officer.
§ 3381.
Absence.
§ 3382.
Incident Reports.
§ 3383.
State of Emergency.
§ 3384.
Administrative Visitation.
Article 2.
Employees
§ 3390.
Background Investigations.
188.80
188.81
Page iv
(7-25-2008)
Title 15
Adult Institutions, Programs and Parole
Table of Contents
Page
•
§3391.
Kmployee Conduct.
§ 3392.
Punctuality.
§ 3393.
Uniforms, Badges, and Insignia.
§ 3394.
Distractions.
§ 3395.
Alertness.
§ 3396.
Address and Telephone.
§ 3397.
Kmergencies.
§ 3398.
Visiting.
§ 3399.
Transactions.
§ 3400.
Familiarity.
§ 3401.
Kmployee and Inmate/Parolee
Relations.
§3401.3.
Kmployee Sexual Misconduct.
§ 3402.
Central Kile.
§ 3403.
Communications.
§ 3404.
Hiring of Kx -Offenders.
§3404.1.
Approval of Kx-Offender
Kmployees Transactions.
§ 3405.
Legal Assistance to Inmates and
Parolees.
§ 3406.
Committed Relatives and Friends of
Kmployees.
§ 3407.
State Supplies.
§ 3408.
Vehicles.
§ 3409.
Gratuities.
§ 3410.
Intoxicants and Drugs.
§3411.
Reporting of Arrest or Conviction,
Change in Weapons or Driving
Status.
§3412.
Personal Firearms.
§3413.
Incompatible Activity.
§3413.1.
Compensation for Witnesses.
§ 3414.
Identification Card.
§ 3415.
Kmployees of Other Agencies.
§3416.
Conflict of Interest Code.
Article 3.
Employee Services
§ 3420.
General Policy.
§3421.
Kmployee Associations.
§ 3422.
Institution Services.
§ 3423.
Operational Plans.
§ 3424.
State Products.
§ 3425.
Gifts, Tips.
§ 3426.
Kmployee Karly Intervention
Program.
Article 4.
General Personnel
Regulations
§ 3430.
General Policy.
§3431.
Civil Service.
§ 3432.
Hours of Kmployment.
§ 3433.
Vacations.
§ 3434.
Grievances.
§ 3435.
In-Service Training.
§ 3436.
Limited Term Light Duty
Assignments.
§ 3439.
Research.
Article 5.
Camp Regulations
§ 3440.
Officer-in-Charge.
§3441.
Camp Counts.
§ 3442.
Camp Log.
§ 3443.
Transporting Inmates.
§ 3444.
Rscorting Inmates.
Article 6.
Information Practices
§ 3450.
Personal Information Record Access
and Amendment.
§ 3451.
Methadone Patient Consent for
Disclosure.
§ 3452.
Access and Amendment of Records.
§ 3453.
Notice.
188.85
188.87
188.87
188.87
Article 7. Selection of Professional
Consulting Services 188.8
§ 3454. Selection of Professional Consulting
Services.
§ 3455. Definitions.
§ 3456.
§ 3457.
§ 3458.
§ 3459.
§ 3460.
§3461.
§ 3462.
§ 3463.
§ 3464.
Article 8.
§ 3475.
§ 3476.
§ 3477.
§ 3478.
§ 3479.
Article 9.
§ 3480.
§ 3480.1
§3481.
§ 3482.
§ 3483.
§ 3484.
§ 3485.
§ 3486.
Subchapter 6.
Article 1.
§ 3500.
§ 3501.
§ 3604.
§ 3605.
§ 3605.5
§3701.1
§ 3705.
§ 3706.
§3801.
§ 3802.
Article 2.
§3815.
Subchapter 7.
Article 1.
§3901.1
§3901.1
Article 2.
§ 3901.3,
Article 3.
§ 3901.5.
§3901.5.
§ 3901.5,
§3901.5
Page
Procuring Services.
Kstablish Criteria.
Selection of Architects or
Fngineers.
Kstimate of Value of Services.
Negotiation.
Amendments.
Contracting in Phases.
Small Business Participants.
Applicability of this Article.
Disabled Veteran Business
Enterprise Program 188.89
Disabled Veteran Business
Knterprise Goal.
Disabled Veteran Business
Kntci-prise Bid and Sole Source
Requirements.
Certification of a Disabled Veteran
Business Knterprise.
Good Faith Kffort Documentation.
Monitoring Disabled Veteran
Business Knlerpri.sc Goals.
Joint Venture Program 188.91
Joint Venture Program.
Joint Venture Policy Advisoi7
Board.
Joint Venture Kmployer Selection
Criteria.
Joint Venture Program Contracts.
Joint Venture Lease.
Monitoring Comparable Wages and
Wage Plans.
Inmate Joint Venture Program
Participation.
Compliance.
Parole 188.96
Parole Release 188.96
General and Special Conditions of
Parole and Outpatient Status.
Restitution Obligations.
Prerelease Referral.
Parole Assessment.
Release from Revocation or Limited
Placement.
Searches of Parolees.
Cash Assistance.
Parole Outpatient Clinic Services.
Special Requirements of Civil
Addict Release or Parole.
Civil Addict Program Exclusion.
Illegal Aliens 188.98
Limitations of Parole Services.
Parole Hearings Division 188.98
Public Attendance at Parole
Hearings 188.98
, 1 . Visitors and Observers at Parole
Hearings.
,2. Media Representatives Attendance
at Parole Hearings.
Parole Hearing Panel
Decisions 188.98
1 . Effective Date and Review of Parole
Hearing Panel Decisions.
Parole Hearings Division
Appeals 188.98(a)
1. Parole Hearing Appeal Procedures.
2. General Grounds for Parole Hearing
Appeals.
3. Filing a Parole Hearing Appeal.
,4. Parole Hearings Division Appeals
Unit Decisions.
Page
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
Page
§3901.5.5.
§ 3901.5.6.
Article 4.
§3901.7.1.
§3901.7.2.
§3901.7.3.
§3901.7.4.
Article 5.
§3901.9.1.
§3901.9.2.
§3901.9.3.
§ 3901.9.4.
§ 3901.9.5.
§3901.9.6.
Attorney Determination Appeals.
Expedited Parole Hearing Division
Appeals.
Multijurisdiclion
Regulations
Applieation of Regulations to
Multijurisdiction Prisoners and
Parolees.
Determination of Multijurisdiction
Status.
Appeals for Multijurisdiction
Prisoners and Parolees.
Appeals Coordinator Designation.
Length and Conditions of
Parole
Department Responsibilities.
Notice of Parole.
General Conditions of Parole.
Special Conditions of Parole.
Waiver of Parole.
Length of Parole.
188.99
188.99
§3901.21.6.
§3901.21.7.
§3901.21.8.
§3901.21.9.
§3901.21.10.
§3901.21.11.
§3901.21.12.
§3901.21.13.
§3901.21.14.
§3901.21.15.
§3901.21.16.
§3901.21.17.
Central Office Hearing Coordinator
Notification.
Revocation Process Time Limits.
Waiver of Hearing.
Prehearing Procedures.
Parolee Rights and Responsibilities
at Revocation and Revocation
Extension Hearings.
Prerevocation Proceedings.
Revocation Hearing Procedures.
Parole Revocation Hearing
Disposition.
Time in Custody.
Time in Custody for Psychiatric
Treatment.
Disposition of Holds at Hearings.
Revoked Parolees with New
Commitments.
Article 12. Revocation and Revocation
Extension Hearings
Evidence
188.102
Article 6. Reconsideration of Length
and/or Conditions of
Parole 188.99
§ 390 1.11.1. Filing for Reconsideration of Length
and/or Conditions of Parole.
Article?. Discharge 188.100
§ 3901 . 13.1. Discharge Review.
§3901.13.2. Early Discharge.
§3901.13.3. Statutory Discharge.
Article 8. Multijurisdictional
Regulations 188.100
§ 3901.15.1. Conditions of Multijurisdiction
Parole.
§ 3901.15.2. Reconsideration of Multijurisdiction
Length and Conditions of Parole.
§ 3901.15.3. Filing the Request for
Multijurisdiction Reconsideration.
§ 3901.15.4. Submitting Multijurisdiction
Reconsideration Request.
§ 3901.15.5. Right to Multijurisdiction Appeal.
§3901.23.1.
§3901.23.2.
§3901.23.3.
§3901.23.4.
Article 13.
Admissible Evidence in Revocation
and Revocation Extension Hearings.
Documentary Evidence in
Revocation and Revocation
Extension Hearings.
Physical Evidence in Revocation
and Revocation Extension Hearings.
Witnesses in Revocation and
Revocation Extension Hearings.
Subpoenas to Parole
Revocation and Revocation
Extension Hearings
188.102
§ 3901
§ 3901
§3901
§3901
§3901
§3901
§3901
§ 3901
188.100
Article 9. Parole Hold Policy
§ 390 1. 1 7 . 1 . Authority to Place Parole Hold .
§ 3901 . 17.2. Criteria for Placement of Parole
Hold.
§ 3901.17.3. Parole Hold Considerations.
§ 3901 . 1 7.4. Review of a Parole Hold.
§ 3901.17.5. Reasons for Parole Hold.
§ 3901.17.6. Return to Prison.
§ 3901.17.7. Length of Parole Hold.
Article 10. Parole Violations and
Reports 188.101
§ 3901.19.1. Parole Violation Authority.
§ 3901.19.2. Behavior to Be Reported.
§ 3901.19.3. Investigation of Parole Violations.
§ 3901.19.4. Parole Violation Report.
§ 3901.19.5. Supplemental Parole Violation
Reports.
§ 3901.19.6. Parole Violation Recommendations.
Article 1 1 . Revocation Proceedings
§ 390 1.21.1. Location of Revocation Hearings.
§3901.21.2. Revocation Period.
§ 3901 .21.3. Parole and Community Services
Division Review.
§ 3901.21.4. Central Office Calendar.
§ 3901.21.5. Parole and Community Services
Division Regional Hearing
Coordinator Notification.
188.101
.25.1. Issuance of Subpoenas.
.25.2. Request for Subpoenas.
.25.3. Criteria for Issuance of Subpoenas.
.25.4. Service of Subpoenas.
.25.5. Witness Obligation to Comply with
Subpoenas.
.25.6. Quashing of a Subpoena.
.25.7. Subpoena Authority.
.25.8. Subpoena-Related Appeals.
Article 14. Attorney Assistance at
Hearings 188.103
§ 3901.27.1. Attorney Assistance During
Hearings.
§ 3901.27.2. Request for an Attorney.
§ 3901.27.3. Basic Test of Need for Attorney.
§ 3901 .27.4. Presumption of Need for Attorney.
§ 3901 .27.5. Ability to Speak for Self
§ 3901 .27.6. Preliminary and Final Hearings.
§ 3901.27.7. Information Considered.
§ 3901 .27.8. Decision for Attorney Assistance.
§ 3901 .27.9. Indigent Prisoner or Parolee.
§ 3901.27.10. Attorney Selection.
§ 3901.27.11. Hearing Panel Designation.
§ 3901.27.12. Attorney Assistance Appeals.
Article 15. Warrants of Arrest 1 88.104
§ 3901 .29.1 . Authority to Issue Warrants.
Warrants Based on Parole and
Community Services Division
Request.
Emergency Actions to Issue
Warrants (Off-Duty Hours).
Recall of Warrant.
State and National Warrant
Systems.
§3901.29.:
§3901.29.3.
§ 3901.29.4.
§3901.29.5.
Article 16.
Multijurisdiction
Regulations
188.104
§3901.31.1.
§3901.31.2.
Application of This Article.
Absconders from California.
Page vi
(7-25-2008)
Title 15
Adult Institutions, Programs and Parole
Table of Contents
Page
Page
•
§ 3901.31.3. Multijurisdiction Parolees Who
Abseond.
§ 3901.31.4. Revocation of Multijurisdictional
Parolees.
Article 17. Parole Revocation Extension
Procedures 188.104
{5 3901.33.1. Parole Revocation Maximum Term.
§ 3901 .33.2. Release to Parole.
§ 3901 .33.3. Parole Violation Extension
Procedures.
Article 18. Worktime Credits 188.104
§ 3901 .35. 1 . Worktime Credits.
§ 3901 .35.2. Non-Eligibility for Worktime
Credits.
Subchapter 8. Pilot Programs 188.105
Pilot Programs 188.105
Article 1.
§3999.1.1.
§3999.1.2.
Level IV Transfers.
Disability Placement Program.
§3999.1.3.
Pelican Bay State Prison
Transitional Housing Unit.
§.3999.1.4.
Structured Punishment Work Detail
Program.
§3999.1.7.
§3999.1.8.
Pelican Bay State Prison
Management of Indecent Exposure
Incidents. [Repealed]
§3999.1.9.
Pelican Bay State Prison — Serious
Rule Violations. [Repealed]
§3999.1.10.
Pelican Bay State Prison -
Segregated Program Housing Units.
[Repealed]
§3999.1.11.
Pelican Bay State Prison — Inmate
Cu.stody Designations. [Repealed |
§ 3999.2.
Behavior Modificatitjn Unit Pilot
Program.
§ 3999.3.
Transfer of Inmate Assessment
Responsibilities Pilot Program.
§ 3999.4.
Senate Bill 1453 — Mandatory
Residential Aftercare Pilot Program.
§ 3999.5.
Mandatory Condition of Parole Pilot
Program.
•
Page vii
Title 15
Adult Institutions, Programs and Parole
§ 3000
Division 3.
Adult Institutions, Programs
and Parole
•
Chapter 1. Rules and Regulations of Adult
Operations and Programs
History
] . Change without regulatory effect repeaHng preface filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
Article 1. Behavior
§ 3000. Definitions.
The following are definitions of terms as used in these regulations:
Accessory means a person who, after a felony has been committed,
harbors, conceals or aids a principal in such felony, with the intent that
the principal may avoid punishment, and has knowledge that said princi-
pal committed the felony.
Adverse Witness means a person who has given or will give informa-
tion against a prisoner or parolee.
Appeal means a formal request for. or the act of requesting, an official
change of a decision, action, or policy.
Appeal Form means Inmate/Parolee Appeal Form, CDC Form 602
(Rev. 12/87).
Architectural and Engineering Services means those services pro-
cured outside of the State's Civil Service procedures and which are ren-
dered by an architect or engineer, but may include ancillary services log-
ically or justifiably performed in connection therewith.
Asylum State means the state other than California in which a parolee-
at-large is in custody.
Attempted Escape means an unsuccessful effort to breach a secured
perimeter or the use of force against a person to attempt access into an
unauthorized area. Some progress toward implementing an escape must
be made to implement a plan. This includes, but is not limited to the fol-
lowing overt acts: acquiring unauthorized clothing or identification, pre-
paring a hiding place in an unauthorized area, lying in wait for a potential
hostage, attempting access to a perimeter that was unsupervised, unlaw-
fully obtaining tools to aid in an escape, manufacturing a likeness of a
person in order to substitute for the inmate's presence, or receiving assis-
tance from other conspirators who acted upon an escape plan, e.g. a plan
to escape uncovered from verbal, telephone or mail communication.
Behavior Management Unit is alternate general population housing
and programming which is designed to reduce inmate's continuing in-
volvement in disruptive behavior, violence, or noncompliance with
CDCR rules and regulations, allowing non-disruptive inmates in the
general population the opportunity to program without continual inter-
ruption due to the behavior of a smaller, more disruptive segment of the
inmate population.
Board of Prison Terms (Board) means the state agency which is re-
sponsible for the administration of parole for those persons committed to
the department under Penal Code secfion 1 168 and those committed un-
der Penal Code section 1 170 who also meet the criteria found in Penal
Code section 2962.
California Agency Parolee means a person released from department
facility to parole supervision in a California community who subsequent-
ly is within the custody of any California agency, or subdivision thereof,
except the department.
California Agency Prisoner means a prisoner who has been transferred
from the custody of the department to the custody of any other California
agency or subdivision thereof.
California Concurrent Parolee means a person on parole for a Califor-
nia sentence and a sentence of another jurisdiction who is being super-
vi.scd in a California community pursuant to the Uniform Actfor Out-of-
State Parole Supervision (Penal Code sections 1 1 175-1 1 179).
Case Conference means a documented conference between a parole
agent and his/her supervisor to discuss a parolee's behavior.
Case records file means the file which contains the information con-
cerning an inmate which is compiled by the department pursuant to Penal
Code Secfion 2081.5 and includes such components as the central file,
education file, visiting file and parole field file.
Central File (C-File) means a master file maintained by the depart-
ment containing records regarding each person committed to its jurisdic-
tion.
Central Office Calendar means the calendar which is composed ol' ad-
ministrative hearing officers as designated by the deputy director, parole
hearings division. They are authorized to make decisions regarding mat-
ters reported to the parole hearings division, including the decision to or-
der a hearing scheduled.
Central Office Hearing Coordinator means the parole hearings di\ i-
sion employee at headquarters who is responsible for hearing schedtiles,
attorney appointments, and other hearing-related services.
Certification means that a business concern has obtained verification
that it meets the definition of disabled veteran business enterprise pur-
suant to Military and Veterans Code section 999(g) from an agency that
has been authorized by law to issue such certification.
Chaplain means an individual duly designated by a religious denomi-
nafion to discharge specified religious dufies. including a native Ameri-
can Indian spiritual leader.
Chronological History means a CDC Form 1 12 (Rev. 9/83). Chrono-
logical History, prepared for each inmate, upon which significant dates
and commitment information affecting the inmate are logged.
Classification and Parole Representative (C&PR) means the depart-
ment employee designated at each insfitufion to be that insutution's liai-
son with releasing boards and parole staff.
Concurrent Parolee means a person on parole for a California sentence
and a sentence of another jurisdiction who is being supervised in a state
other than California pursuant to the Uniform Act for Out-of-Statc Pa-
role Supervision (Penal Code sections 1 1 175-1 1 179).
Condifions of Parole mean the specific condifions under which a pris-
oner is released to parole supervision.
Confinement to Quarters (CTQ) means an authorized disciplinary
hearing action whereby an inmate is restricted to their assigned quarters
for a period not to exceed five days for administrative rule violafions and
ten days for serious rule violafions.
Contraband means anything which is not permitted, in excess of the
maximum quantity permitted, or received or obtained from an unautho-
rized source.
Controlled Substance means any substance, drug, narcotic, opiate,
hallucinogen, depressant, or stimulant as defined by California Health
and Safety Code secfion 11007. Also included are prescribed medica-
fions containing any of the substances identified in the H&SC section
above.
Cooperative Parolee means a person on parole for a California sen-
tence who is under parole supervision in a state other than California pur-
suant to the Uniform Act for Out-of-State Parole Supervision (Penal
Code sections 11175-11179).
Course of conduct means two or more acts over a period of time, how-
ever short, evidencing a confinuity of purpose.
Criminal Idenfificafion and Invesfigafion (CI&I) Report means the re-
port defined by Penal Code secfion 1 1 1 05, commonly referred to as "Rap
Sheet".
Cumulafive Case Summary means the cumulative summary of specif-
ic porfions of the record maintained by the department regarding each
prisoner from reception to discharge.
Custody of the department means the inmate is in the physical custody
of the department. The inmate would be considered out of the custody of
the department when; out to court and housed in a County or Federal fa-
cility, escaped and not returned to departmental custody, in a non-depart-
mental mental health facility, and in a medical facility under non-depart-
mental supervision.
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§3000
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Dangerous contraband means materials or substances altered from
their original manufactured state or purpose and which could be fash-
ioned into a weapon. Examples would include, but not be limited to, met-
al, plastic, wood, or wire. Also included are :sharpened objects such as
scissors or other tools not authorized to be in the inmate's possession, as
well as poison, caustic substances, or flame producing devices i.e.
matches or lighters.
Deadly weapon means any weapon identified in Penal Code section
4502. Any item or substance not readily identified as a weapon becomes
a deadly weapon when used in a manner that could reasonably result in
serious bodily injury or death.
Department means the department of corrections.
Designated Level II Housing means a housing facility encompassed
by a facility security perimeter and constaicted to provide celled housing
for inmates with Level II classification scores.
Detainer means a written document received from an official repre-
senting a district attorney office, court, or correctional or law enforce-
ment agent which indicates that an inmate is wanted by that office and
the basis for the detainer.
Determinate Sentencing Law (DSL) Prisoner means a person sen-
tenced to prison under Penal Code section 1 170 for a crime committed
on or after July 1 , 1 977.
Direct and Constant Supervision means an inmate shall be monitored
and observed by CDC staff, either custody staff or work supervisor as in-
dicated in these regulations, sufficiently to account for the specific
whereabouts of the inmate at all times.
Director means the director of the department of corrections.
Disabled Veteran Business Enterprise means a business concern as de-
fined in Military and Veterans Code section 999(g).
Disabled Veteran Business Enterprise focus paper means a publica-
tion that meets all of the following criteria: ( 1 ) has an orientation relating
to the disabled veteran business enterprise; (2) is known and utilized by
members of the disabled veteran business enterprise community; (3) pri-
marily offers articles, editorials (if any), and advertisements of business
opportunities aimed at disabled veteran business enterprises; and (4) is
readily available within the geographical area for which the advertise-
ment is placed and for which the services are to be performed.
Disabled Veteran Business Enterprise focus paper and trade paper
means a publication that meets all of the criteria of a disabled veteran
business enterprise focus paper and all of the criteria of a trade paper.
Disciplinary Detention means a temporary housing status which con-
fines inmates so assigned to designated rooms or cells for prescribed peri-
ods of time as punishment for serious rule violations.
Disciplinary Free means without any finding of guilt of a disciplinary
infraction filed on a CDC Form 115, Rule Violation Report, classified as
either administrative or serious.
Disciplinary Free Period means the period that commences immedi-
ately following the date and time an inmate is identified (date of discov-
ery of information leading to the charge) as committing a rules violation
classified as serious.
Disruptive Behavior means behavior which might disrupt orderly op-
erations within the institutions, which could lead to violence or disorder,
or otherwise endangers facility, outside community or another person as
defined in sections 3004(b), 3005(a) and 3023(a).
Disruptive Group 1 — means any gang, other than a prison gang.
Distribution means the sale or unlawful dispersing, by an inmate or pa-
rolee, of any controlled substance; or the solicitation of or conspiring
with others in arranging for, the introduction of controlled substances
into any institution, camp, contract health facility, or community correc-
tional facility for the purpose of sales or distribution.
Drug paraphernalia means any device, contrivance, instrument, or
paraphernalia intended to be used for unlawfully injecting or consuming
into the human body a controlled substance as identified in Health and
Safety Code section 1 1007.
Drugs means substances intended for use in the diagnosis, cure, miti-
gation, treatment or prevention of disease, and as defined in Health and
Safety Code section 1 1014.
Effective communication means providing the inmate, to the extent
possible, the means to understand and participate in the disciplinary pro-
cess to the best of their ability. This may be accomplished through rea-
sonable accommodation or assignment of a staff assistant. If the inmate's
Test of Adult Basic Education (TABE) score is 4.0 or lower, employees
are required to query the inmate to determine whether or not assistance
is needed to achieve effecfive communication. The employee is required
to document on appropriate CDCR forms his/her determination of
whether the inmate appeared to understand, the basis for that determina-
tion and how it was made. For contacts involving due process, employees
shall give priority to the inmate's primary means of communication,
which may include but is not limited to; auxiliary communicafion aids,
sign language interpreter, and bilingual interpreter.
Escape History refers to any reliable informadon or inmate self-ad-
mission in the central file to an escape, attempted escape, walkaway, or
plan to escape. The available information describing the circumstances
of the escape or attempted escape shall be evaluated in determining the
level of risk to correctional safety and security posed by the inmate.
Examinee means a person who voluntarily takes a polygraph examina-
tion.
Exceptional Circumstances means circumstances beyond the control
of the department or the inmate that prevent the inmate or requested wit-
nesses from participating in the disciplinary hearing within established
time limitafions. Examples of this as applied to an inmate would include
a serious temporary mental or physical impairment verified in writing by
a licensed clinical social worker, licensed psychologist, psychiatrist, or
physician. Some examples of excepfional circumstances preventing staff
witnesses, to include the reporfing employee, from attending the disci-
plinary hearing would be extended sick leave, bereavement leave, per-
sonal emergency, or extended military duty. Exceptional circumstances,
as described above, would allow for suspension of fime limitations pend-
ing resoluUon of the instances.
Ex-Offender means a person previously convicted of a felony in Cali-
fornia or any other state, or convicted of an offense in another state which
would have been a felony if committed in California.
Execution Type Murder describes the circumstances or manner of a
fatal offense in which the victim is bound, cuffed, gagged, blindfolded,
or forced to assume a position from which the vicfim is unable to resist
or flee; the victim is shot at close range; or the manner of death demon-
strates that the victim had no opportunity to defend himself or herself nor
to flee.
Facility Security Perimeter is any combination of living unit, work
area and recreation area perimeters that is set aside to routinely restrict
inmate movement based on custody level. This perimeter will contract
and expand depending upon the weather, lighfing conditions and hours
of operation.
Federal Consecufive Prisoner means a California prisoner who is also
under sentence of the United States and is confined in a federal correc-
tional facility, and whose California term shall commence upon comple-
tion of the United States' sentence.
Field File means a working file maintained by a parole unit office con-
taining information about a parolee and his/her current parole.
Firm means any individual, firm, partnership, corporafion, associ-
ation, joint venture or other legal entity permitted by law to practice the
professions of architecture, landscape architecture, engineering, envi-
ronmental services, land surveying or construction project management.
Force, as applied to escape or Attempted Escape, refers to physical
contact or threat of physical harm against a person to enable or attempt
the escape.
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Title 15
Adult Institutions, Programs and Parole
§3000
Frequent and Direct Supervision means that staff supervision of an in-
mate shall be sufficient to ensure that the inmate is present within the area
permitted.
Friendly Witness means any witness who is not an adverse witness.
Gang means any ongoing formal or informal organization, association
or group of three or more persons which has a common name or identify-
ing sign or symbol whose members and/or associates, individually or col-
lectively, engage or have engaged, on behalf of that organization, associ-
ation or group, in two or more acts which include, planning, organizing
threatening, financing, soliciting, or committing unlawful acts or acts of
misconduct classified as serious pursuant to section 3315.
General Chrono means a CDC Form 128-B (Rev. 4-74) which is used
to document information about inmates and inmate behavior. Such in-
formation may include, but is not limited to, documentafion of enemies,
records of disciplinary or classification matters, pay reductions or inabil-
ity to satisfactorily perform a job, refusal to comply with grooming stan-
dards, removal from a program, records of parole or social service mat-
ters.
Goal means a numerically expressed disabled veteran business enter-
prise objective as set out in PubHc Contract Code section 101 15(c), that
awarding departments and contractors are required to make efforts to
achieve.
Good Cause means a finding based upon a preponderance of the evi-
dence that there is a factual basis and good reason for the decision made.
Good Faith Effort means a concerted effort on the part of a potential
contractor to seek out and consider disabled veteran-owned and operated
business enterprises as potential contractors, and/or subcontractors in or-
der to meet the program parUcipation goals.
Grievance means a complaint about a decision, acfion, or policy which
an inmate, parolee or staff wish to have changed.
Harassment means a willful course of conduct directed at a specific
person, group, or entity which seriously alarms, annoys, or terrorizes that
person, group, or entity and which serves no legitimate purpose.
Hearing Agent means the parole and community services division em-
ployee responsible for application of specific procedures pertaining to
the parole revocation hearing process; the primary liaison between the
parole and community services division and the releasing authorities in
matters and procedures pertaining to the parole revocation hearing pro-
cess.
Hearing Committee means a panel of three certified Senior Hearing
Officers comprised of: one Correctional Lieutenant or Correctional
Counselor II, one Facility/Correctional Captain or Correctional Counsel-
or III, and one staff member at the level of Associate Warden or above,
or any combination thereof.
Hearing Coordinator means an employee assigned to coordinate the
revocation process within an institution or a parole and community ser-
vices division region.
High Notoriety describes an inmate who must be treated as a signifi-
cant escape risk due to the unusual level of public panic that his or her
escape would likely cause. The risk of public panic is based upon the na-
ture or circumstance of the inmate's crime, the inmate's criminal history,
the inmate's behavior in custody, and extensive or prolonged media cov-
erage of the crime beyond the closest large city and its surrounding com-
munities. A High Notoriety inmate is one who is perceived by the public
to have criminal influence or access to significant amounts of money or
drugs or power that may enable the inmate to escape, trigger a public dis-
turbance, or victimize any person or a witness to their conviction offense.
Bases for the High Notoriety designation include, but are not limited to.
Execution Type Murder, Multiple Murders, mutilation of victims, an
original sentence of Death, a sentence of Life Without the Possibility of
Parole, a total term of 100 years or more.
Hold means to retain an inmate or parolee, who is under the director's
jurisdiction, in custody at an institution or a local detenfion facility in re-
sponse to the legal request of a law enforcement or correctional agency
representative.
Immediate Family Members means legal spouse; registered domestic
partner, natural parents; adoptive parents, if the adopfion occurred and
a family relationship existed prior to the inmate's incarceration; step-
parents or foster parents; grandparents; natural, step, or foster brothers or
sisters; the inmate's natural and adoptive children; grandchildren; and le-
gal stepchildren of the inmate. Aunts, uncles and cousins are not immedi-
ate family members unless a verified foster relationship exists.
Incarcerating Jurisdiction means the jurisdiction where an Interstate
or Western Interstate Corrections Compact, federal contract, federal con-
current, or concurrent prisoner is incarcerated.
Indecent Exposure means every person who willfully and lewdly, ei-
ther: exposes his or her person, or the private parts thereof, in any public
place, or in any place where there are present other persons to be offended
or annoyed thereby; or, procures, counsels, or assists any person so to ex-
pose him or her self or take part in any model artist exhibition, or to make
any other exhibition of him or her self to public view, or the view of any
number of persons, such as is offensive to decency, or is adapted to excite
to vicious or lewd thoughts or acts.
Indeterminate Sentence Law (ISL) means a person sentenced to pris-
on for a crime committed on or before June 30, 1977, who would have
been sentenced under Penal Code secfion 1 170 if he/she had committed
the crime on or after July 1, 1977.
Indigent Inmate means an inmate who is wholly without funds at the
time they were eligible for withdrawal of funds for canteen purchases.
Inmate means a person under the jurisdiction of the director and not
paroled. Inmate and prisoner are synonymous terms.
Inmate Match means a one-on-one match of a citizen volunteer and
an inmate who receives few or no visits to establish a relationship which
encourages positive inmate behavior and programming.
InsUtution Head means a warden, regional parole administrator, or
designated manager of a facility housing inmates.
Interstate Unit means the office of the parole and community services
division which coordinates the supervision of California cooperative pa-
rolee and the return of parolees-at-large from asylum states. The unit is
responsible for Interstate and Western Interstate Correcfions Compacts,
federal contrast, federal concurrent, and consecufive prisoners and multi-
jurisdiction parolees incarcerated in the prison of another jurisdiction.
Intoxicant not identified as a controlled substance means toluene or
any bi-product i.e. paint thinners, paint, fingernail polish, lacquers, gaso-
line, kerosene, adhesives or other substance that markedly diminishes
physical and/or mental control.
Joint Venture Employer (JVE) means any public enfity, nonprofit or
for profit enfity, organization, or business which contracts with the direc-
tor for the purpose of employing inmate labor.
Joint Venture Program (JVP) means a contract entered into between
the director and any public entity, nonprofit or for profit entity, organiza-
fion, or business for the purpose of employing inmate labor.
Laboratory means any toxicological or forensic laboratory which has
been recognized by the state, other cerfifying agency, or which is ac-
cepted by any local, county, or state prosecuting authority to provide evi-
dence as to the presence of controlled substances in human body fluids
or confirm that a substance is or contains any controlled substance.
Legal Status Sheet (LSS) means a CDC Form 188, Legal Status Sum-
mary, containing the commitment and release status of an inmate.
Life Prisoner means a prisoner serving a sentence of 15- or 25-years-
to-life.
Lockdown means that a porfion of the facility is affected by suspen-
sion of required programs or services, and inmates are not released ex-
cept as determined by the facility administration on an individuals, case-
by-case basis. As determined by the facility administration, under such
circumstances only critical inmate workers in the affected housing units/
sub-facilifies will be permitted to attend to work assignments under es-
cort, and all but essential functions are suspended in those affected hous-
ing units or sub-facilifies, e.g.. yard, canteen draws, religious services,
and visiting.
Lockout means any refusal by an employer to permit any group of fwc
or more employees to work as a result of a dispute with such employees
affecfing wages, hours or other terms or condifions of employment of
such employees.
Management Concern means a behavior observed or documented in
the inmate's criminal history that demonstrates to a classification com-
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§3000
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
mittee that the inmate has a propensity towards violence against self or
others; has a history of inciting or pressuring others toward criminal be-
havior; preys on more vulnerable members of society; or portrays a level
of criminal sophistication and/or access to large amounts of drugs,
money, or power. This may include disruptive groups and prison gang
members or affiliates.
Manuscript means any written, typed or printed articles of fiction and
nonfiction; poems; essays; gags; plays; skits; paintings; sketches; draw-
ings; or musical compositions created by an inmate.
Material Evidence means evidence which has a substantial bearing on
matters in dispute and legitimate and effective influence on the decision
of a case.
Media representative means a print, wire service or broadcast reporter
and their technical crew. A free-lance writer with assignment verifica-
tion in the form of a letter from the represented outlet is also a media rep-
resentative.
Minimum Eligible Parole Date (MEPD) means the earliest date on
which an Indeterminate Sentence Law or life prisoner may legally be re-
leased on parole.
Multijurisdiction Parolee means any concurrent, California concur-
rent, California agency, or cooperative parolee.
Multijurisdiction Prisoner means any federal contract, federal concur-
rent, federal consecutive, concurrent, consecutive, California agency. In-
terstate or Western Interstate Corrections Compact prisoner.
Multiple Murders means the inmate killed or was involved in killing
more than one victim during the commission of the crime for which the
inmate is currently serving a Life term. This does not necessarily include
an inmate who has killed more than one person during his or her criminal
career.
Out-to-Court means an inmate is temporarily removed from a facility
to be brought before a court to be tried for an offense, to be examined by
a grand jury or magistrate, or for any other court proceedings.
Parole Agent means an employee and his/her supervisors in the depart-
ment who are assigned to supervise those persons released from incarcer-
ation to the supervision of the parole and community services division.
Parole Hearings Division means the division of the department which
is responsible for the department's administration of paroles for those
persons committed to the department under Penal Code section 1 1 70, ex-
cept those who also meet the criteria of Penal Code section 2962.
Parole Violation means conduct by a parolee which violates the condi-
tions of parole or otherwise provides good cause for the modification or
revocation of parole.
Parole Violation Extension means an extension of retum-to-custody
time for a parolee in revoked status.
Parole Violator means a parolee who is found to have violated parole
and who may be returned to custody pursuant to Penal Code section
3057.
Parolee means a felon or civil addict commitment released from con-
finement in state prison to supervision in the community.
Parolee-at-Large means an absconder from parole supervision, who
is declared a fugitive by releasing authority action suspending parole.
Polygraph Examination means the procedure by which a polygraph
examiner renders an opinion as to the veracity of statements made by an
examinee.
Polygraph Examiner means a person who purports to be able to deter-
mine the truthfulness of statements through the use of a polygraph instru-
ment.
Preprison Credit means credit for time in custody as certified by the
court and provided for in Penal Code section 2900.5.
Principal means any person involved in the commission of a crime,
felony or misdemeanor, whether they directly commit the act constitut-
ing the offense, or aid and abet in its commission, or not being present,
have advised and encouraged its commission, or who, by threats, men-
aces, command or coercion, compel another to commit any crime.
Prison Gang - means any gang which originated and has its roots with-
in the department or any other prison system.
Prisoner means a person in custody of the director and not paroled.
Prisoner and inmate are synonymous terms.
Probation Officer's Report means a CDC Form 174 (Rev. 3/87), Pro-
bation Officer's Report, prepared by the probation officer in the county
where the offense was committed.
Program failure means any inmate who generates a significant disci-
plinary history within the last 180 days from the current date. A guilty
finding for two serious Rules Violation Reports or one serious and two
administrative Rules Violation Reports within that 180 day time period
is reasonable evidence of a significant disciplinary history and may be
considered a program failure.
Project, as used in sections 3475 through 3478, means a proposal of
something to be done for which a contract has not yet been awarded.
Public Interest Case is a case identified by a Classification Staff Repre-
sentative as involving a High Notoriety inmate who requires exceptional
placement.
Public official means any person identified in Penal Code Section 76.
CDCR staff are considered the staff of an exempt appointee of the Gover-
nor.
Received Date means the date an inmate is initially received into a fa-
cility of the department.
Receiving State means the state which supervises a cooperative parol-
ee or a concurrent parolee.
Regional Parole Administrator means the department's administrator
of a parole and community services division geographical region.
Relevant Evidence means evidence which tends to prove or disprove
an issue or fact in dispute.
Religious Artifact means any bag, cross, medallion, totem, bible, pipe,
or other item in which the possessor places religious or spiritual signifi-
cance.
Religious Review Committee (RRC) means a committee formed and
maintained at each institution that reviews and reaches a decision regard-
ing requests for reasonable accommodation and/or access to religious
services.
Responsible Bidder means, in addition to other State contracting re-
quirements, a bidder who has either met the disabled veteran business en-
terprise goal or who has demonstrated that a good faith effort was made
to meet the goal.
Restricted or controlled inmate movement means that the affected in-
mates are not permitted normal release schedules and that all or specified
movement may require a greater degree of supervision than normal. Such
restriction may include, but is not limited to controlled feeding, a section
at a time, rather than the entire unit or sub-facility being released. Such
restrictions do not constitute a State of Emergency as determined in Sec-
tion 3383.
Review means formal investigation into facts related to appeal allega-
tions, and documentation of the findings and the decision to grant or deny
the appeal.
Room and Board means all that the department provides for the in-
mate's care, housing and retention.
Screening means evaluation by staff to ascertain that specified re-
quirements or criteria are met.
Secure Perimeter means the largest Security Perimeter that physically
retains inmates in custody on facility property.
Security Perimeter means any unbroken physical barrier or combina-
tion of physical barriers that restricts inmate movement to a contained
area without being processed through a door, gate, or sallyport.
Serious injury means a serious impairment of physical condition, in-
cluding, but not limited to, the following: loss of consciousness; concus-
sion; bone fracture; protracted loss or impairment of function of any
bodily member or organ; a wound requiring suturing; and disfigurement.
Sexual Disorderly Conduct means every person who touches, without
exposing, his or her genitals, buttocks or breasts in a manner that demon-
strates it is for the purpose of sexual arousal, gratification, annoyance, or
Page 110
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3000
•
offense, and that any reasonable person would consider this conduct of-
fensive.
Small Business Firm means a business in which the principal office is
located in California and the officers of such business are domiciled in
California which is independently owned and operated and which is not
dominant in its field of operation. The maximum dollar volume that a
small business may generate shall vary from industry to industry to the
extent necessary to rellect differing characteristics of such industries.
Special Assignment means a departmentally-approved special pro-
gram, temporary or short-term assignment for departmental conve-
nience, or medical or psychiatric treatment category with exceptional
credit-earning provisions.
Street gang refers to a gang as defined herein except that it is not a pris-
on gang.
Strike means any concerted act of more than 50 percent of the bargain-
ing unit employees in a lawful refusal of such employees under applica-
ble state or federal law to perform work or services for an employer, other
than work stoppages based on conflicting union jurisdictions or work
stoppages unauthorized by the proper union governing body.
Subcontractor means any person or entity that enters into a subcontract
with a prime contractor for work, materials, supplies and/or labor.
Sweat Lodge means a native American Indian ceremonial hut.
Terminal illness means an incurable disease process with progression
unresponsive to medical intervention where a medical doctor estimates
that death will occur within a six-month period.
Time Computation means the department's uniform method for calcu-
lating an inmate' s term and minimum and maximum release dates as gov-
erned by law.
Time Served means that time an inmate is imprisoned with the depart-
ment between their received date and a given date.
Trade Paper means a publication that meets all of the following crite-
ria: ( 1 ) has a business orientation relating to the trade or industry for
which the advertisement is being placed; (2) is known and utilized by
members of that trade or industry; (3) primarily offers articles, editorials
(if any), and advertisements of business opportunities aimed at that trade
or industry; and (4) is readily available within the geographical area for
which the advertisement is placed and for which the services are to be
performed.
Under the influence of alcohol, any drug, controlled substance, tolu-
ene or any combination thereof means being in a condition that he/she is
unable to exercise care for his/her safety or the safety of others pursuant
to Penal Code 647(f) and confirmed by a positive test from a departmen-
tally approved testing method, to include field sobriety testing.
Unit Supervisor means a supervisor of case-carrying parole agents in
the parole and community services division.
Unusual Violence describes the circumstances of an offense wherein
the inmate acted to torture the victim over a period of time or intentionally
made the victim endure great pain and suffering. A single act of stabbing,
shooting, or beating of a victim does not necessarily qualify.
Vexatious Litigant means a person who does any of the following: (1)
in the immediately preceding seven-year period has commenced, prose-
cuted, or maintained in propria persona at least five litigations other than
in a small claims court that have been (a) finally determined adversely to
the person or; (b) unjustifiably permitted to remain pending at least two
years without having been brought to trial or hearing; (2) after a litigation
has been finally determined against the person, repeatedly relitigates or
attempts to relitigate in propria persona either; (a) the validity of the de-
termination against the same defendant or defendants as to whom the liti-
gation was finally determined or; (b) the cause of action, claim, contro-
versy, or any of the issues of fact or law, determined or concluded by the
final determination against the same defendant or defendants as to whom
the litigation was finally determined; (3) in any litigation while acting in
propria persona, repeatedly files unmeritorious motions, pleadings, or
other papers, conducts unnecessary discovery, or engages in other tactics
that are frivolous or solely intended to cause unnecessary delay; (4) has
previously been declared to be a vexatious litigant by any state or federal
court of record in any actions or proceeding based upon the same or sub-
stantially similar facts, transaction, or occurrence. Pursuant to In re Bit-
taker, Writs of Habeas Corpus are not included under vexatious litiga-
tion.
Work Change Area means a portal controlled by staff and/or locking
gates that is u.sed to control access and includes the area where staff
search inmates prior to permitting inmates in or out of adjacent areas such
as Prison Industry Authority yards.
Worktime Credit means credit towards a prisoner's sentence for satis-
factory performance in work, training or education programs.
NOTE; Authority cited: Sections 2717.3. .'iO.SS and .SO.'iH.?. Penal Code; Section
101 LS.3(b). Public Contract Code; and Sections 4?25(a). 4526 and 14837, Ciov^
emment Code. Reference: Sections 186.22. 243, 314. 530, 532, 646.9. 653m,
832.5, 1 389, 2080, 208 1 .5. 2600, 260 1 , 2700. 27 1 7. 1 , 27 1 7.6, 2932.5. 4570, 5009,
5054, 5068, and 7000 et seq.. Penal Code: Sections 1132.4 and 1132.8. I-abor
Code; Sections 10106, 10108. 10108.5. 10115. 10115.1. 10115.2. 10115.3 and
10127. Public Contract Code; and Section 999. Military and Veterans Code: Sec-
tion 391. Code of Civil Procedure; Section 297.5. Family Code: //; re Bittakcr. 55
Cal.App. 4th 1004. 64 Cal. Rptr. 2d 679; and Section 1 1007. Health and Safet)
Code.
History
1. Amendment of subsection (a)(19) filed 12-1-78 as an emergency: designated
effective 1-1-79 (Resister 78. No. 48). For prior histor)'. see Register 77. No.
40.
2. Certificate of Compliance filed 2-22-79 (Register 79. No. 8).
3. Amendment filed 11-20-79 as an emergeney; designated effecli\e 11 80
(Register 79, No. 47). A Certificate of Complianee must be filed within 1 20 days
or emergency language will be repealed on 3-20-80.
4. Certificate of Compliance filed 2-15-80 (Register 80. No. 7).
5. Amendment filed 3-2-83: effective thirtieth day thereafter (Register 83. No.
12).
6. Change without regulatory effect repealing and adopting new section filed
10-29-90 pursuant to section 100. title 1. California Code of Regulations (Reg-
ister 91, No. 6).
7. Amendment filed 1 1-28-90 as an emergency; operative 1 1-28-90 (Register
9 1 , No. 6). A Certificate of Compliance must be transmitted to OAL by 3 28 9 1
or emergency language will be repealed by operation of law on the following
day.
8. Amendment adding definitions of "disruptive group," "gang," and "prison
gang" filed 5-20-91 ; operafive 6-19-91 (Register 91. No. 26).
9. Amendment adding definition for "Media representative" filed 12-19-91 as an
emergency; operative 12-19-91 (Register 92, No. 4).
10. Amendment adding definitions for "Disciplinary Free," "Inmate Match." and
"Special Assignment" and amending NoTh. filed 12-20-91 as an emergency;
operative 12-20-91 (Register 92. No. 4). A Certificate of Compliance mu.st be
transmitted to OAL 4-20-92 or emergency language will be repealed by opera-
tion of law on the following day.
1 1 . Amendment adding definition for "Case records file" and amendment of Noil-
filed 12-20-91 as an emergency: operative 12-20-91 (Register 92, No. 4). A
Certificate of Compliance must be transmitted to OAL 4-20-92 or emergency
language will be repealed by operation of law on the following day.
12. Amendment adding definition for "Detainer" and amendment of Noii. filed
12-19-91 as an emergency: operative 12-19-91 (Register92,No. 4). A Certifi-
cate of Compliance must be transmitted to OAL 4-17-92 or emergency lan-
guage will be repealed by operation of law on the following day.
13. Amendment adding definitions for "Received Date," "Time Computation,"
and "Time Served" filed 12-20-91 as an emergency; operative 12-20^91 (Reg-
ister 92, No. 4). A Certificate of Complianee must be transmitted to OAL
4-20-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
14. Editorial correction of "Firm" and "Grievance" filed 12-20-91; operative
12-20-91 (Register 92, No. 4).
15. Amendment adding definition for "Terminal illnes.s" filed 5-20-92: operati\e
5-20-92 (Register 92. No. 21 ). A Certificate of Compliance must be transmitted
to OAL 9-17-92 or emergency language will be repealed by operation of law
on the following day.
16. Editorial correction of printing error restoring inadvertently deleted definitions
originally filed 12-20-91 (Register 92. No. 24).
17. Certificate of Compliance as to 1 2-20-9 1 order adding definition for "ease re-
cords file" transmitted to OAL 4-15-92 and filed 5-27-92 (Register 92. No.
24).
18. Certificate ot Compliance as to 12-29-91 order adding definitions for "Disci-
plinary Free," "Inmate Match," and "Special Assignment" transmitted to OAL
4-20-92 and filed .5-28-92 (Register 92. No. 24)t
19. Certificate of Compliance as to 12-19-91 order adding definition of "Detain-
er" transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92. No. 24).
20. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4- 1 7 92
and filed 6-1-92 (Register 92, No. 24).
21. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4^20-92
and filed 6-2-92 (Register 92, No. 24).
22. Certificate of Compliance as to 5-20 92 order transmitted to OAL 9 4 92;
disapproved by OAL and order of repeal of 5-20-92 order filed on 1 22-92
(Register 92, No. 43).
Page 111
Register 2(X)8, No. 32; S-8-2(X)S
§ 3000
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
23. Aiiiendnicnt adding definition for "Terminal illness" refiled 10-23-92 as an
emergency; operative 10-22-92 pursuant to Government Code section
1 1346.1(h) (Register 92. No. 43). A Certificate of Compliance must be trans-
mitted to OAL 2-23-93 or emergency language will be repealed by operation
of law on (he following day.
24. Amendment adding "Cumulative case summary." "Chronological history,"
"Legal status sheet." "Probation officer's report" and "Criminal identification
and investisation report" and amendment of NoTi; filed 1 1-5-92; operative
12-7-92 (Register 92. No. 45).
25. Change without regulatory effect amending "Immediate Family Members"
filed 1-26-93 pursuant to section 100, title 1, California Code of Regulations
(Register93, No. 5).
26. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-1 8-92
and filed 2-3-93 (Regi.ster 93, No. 6).
27. AmendmenI adding "Harassment" and amendment of NoTi: filed 7-29-93 as
an emergency; operative 7-29-93 (Register 93. No. 3 1 ). A Certificate of Com-
pliance must be transmitted to OAL 1 1-26-93 or emergency language will be
repealed by operation of law on the following day.
28. Amendment filed 9-3-93; operafive 9-3-93 pursuant to Government Code
section 1 1346.2(d) (Register 93, No. 36).
29. Amendment of "Good Faith Effort," "Minority Business Enterprise," "Re-
sponsible Bidder" and "Women Business Enterprise" and NoTt-: and new defini-
tions "Disabled Veteran Business Enterprise," "Goal," "Minority and/or Wom-
en and/or Disabled Veteran Business Enterprise focus paper," "Minority and/or
Women and/or Disabled Veteran Business Enterprise focus paper and trade pa-
per," "Project," "Subcontractor," and "Trade Paper" filed 1 0-1 8-93 as an emer-
gency; operafive 10-18-93 (Register 93, No. 43). A Certificate of Compliance
must be transmitted to OAL by 2-15-94 or emergency language will be re-
pealed by operation of law on the following day.
30. Definitions added for "Chaplain," "Religious Artifact," and "Sweat Lodge"
and amendment of Noth filed 1 1-1-93; operafive 12-13-93 (Register 93, No.
45).
31. Amendment adding "Ex-Offender" filed 11-30-93; operative 12-30-93
(Register93, No. 49).
32. Certificate of Compliance as to 7-29-93 order transmitted to OAL 1 1-1 8-93
and filed 12-31-93 (Register 94, No. 1 ).
33. Certificate of Compliance as to 10-1 8-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 1 1).
34. Amendment of "Inmate", new definition "Serious injury", and amendment of
NoTi-. filed .5-5-95; operative 6-5-95 (Register 95, No. 1 8).
35. Amendment of "Insfitution Head" filed 9-13-96 as an emergency; operative
9-1 3-96. A Certificate of Compliance must be transmitted to OAL by 2-24-97
or emergency language will be repealed by operation of law on the following
day.
36. Amendment adding definition of "Certificafion" filed 1 1-22-96 as an emer-
gency; operafive 1 1-22-96 (Register 96, No. 47). A Certificate of Compliance
must be transmitted to OAL by 5-1-97 pursuant to Penal Code secfion 5058(e)
or emergency language will be repealed by operation of law on the following
day.
37. Certificate of Compliance as to 9-13-96 order transmitted to OAL 1 1-22-96
and filed 1-6-97 (Register 97, No. 2).
38. Certificate of Compliance as to 1 1-22-96 order, including amendment of defi-
nition of "Certificafion," transmitted to OAL 3-20-97 and filed 5-1-97 (Regis-
ter 97, No. 18).
39. Amendment adding definitions of "Lockdown" and "Restricted or controlled
inmate movemenf filed 10-16-97; operative 11-L5-97 (Register 97, No. 42).
40. Amendment adding definifion of "Program failure" filed 10-16-97 as an
emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
3-25-98 or emergency language will be repealed by operation of law on the fol-
lowing day.
41. Amendment adding definifion of "Vexatious Litiganf and amending Noth
filed 1 1-12-97 as an emergency; operative 1 1-12-97 (Register 97, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-1 3-98 or emergen-
cy language will be repealed by operation of law on the following day.
42. Editorial correction of definition of "Vexatious Litigant" and Hlstorih.s 40 and
41 (Register 98, No. 18).
43. Amendment adding definition of "Vexafious Litiganf and amending Note re-
filed 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A
Certificate of Compliance must be transmitted to OAL by 1 0-6-98 or emergen-
cy language will be repealed by operation of law on the following day.
44. Certificate of Compliance as to 10-16-97 order, including removal of defini-
fion of "Program failure" to secfion 3062(n), transmitted to OAL 3-23-98 and
filed 5-4-98 (Register 98, No. 19).
45. Certificate of Compliance as to 4-29-98 order, including further amendment
of definifion of "Vexafious Litiganf and Noti:, transmitted to OAL 6-12-98
and filed 7-21-98 (Register 98, No. 30).
46. Amendment adding new definitions of "Controlled Medication," "Controlled
Substance," "Distribution" and "Laboratory" and amendment of NoTti filed
8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certifi-
cate of Compliance must be transmitted to OAL by 2-3-99 or emergency lan-
guage will be repealed by operation of law on the following day,
47. Amendment filed 1 1-13-98 as an emergency; operative 1 1-13-98 (Register
98, No. 46). A Certificate of Compliance must be transmitted to OAL by
3-1 5-99 or emergency language will be repealed by operation of law on the fol-
lowing day.
48. Amendment adding new definitions of ' "Controlled Medication," ' 'Controlled
Substance," "Distribution" and " 'Laboratory" and amendment of Nort- refiled
2-3-99 as an emergency; operative 2-3-99 (Register 99, No. 6). Pursuant to Pe-
nal Code section 5058(e), a Certificate of Compliance must be transmitted to
OAL by 7-13-99 or emergency language will be repealed by operation of lav/
on the following day.
49. Certificate of Compliance as to 1 1-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 1 1 ).
50. Certi ficate of Compliance as to 2-3-99 order transmitted to OAL 5-1 2-99 and
filed 6-24-99 (Register 99. No. 26).
51. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Regis-
ter 2000. No. 1 3). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 9-5-2000 or emergency language will
be repealed by operation of law on the following day.
52. Amendment of definition of ■'Chronological History" filed 8-28-2000; opera-
tive 9-27-2000 (Register 2000. No. 35).
53. Certificate of Compliance as to 3-27-2000 order transmitted to OAL
9-5-2000; disapproval and order of repeal and deletion reinstating section as
it existed prior to emergency amendment by operafion of Government Code
1 1346.1(f) filed 10-18-2000 (Register 2000. No. 42).
54. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code
secfion 5058(e); operative 10-1 9-2000 (Register 2000, No. 42). Pursuant to Pe-
nal Code .section 5058(e), a Certificate of Compliance must be transmitted to
OAL by .3-27-2001 or emergency language will be repealed by operation of
law on the following day.
55. Amendment adding definition of ' 'General Chrono" filed 1 1-1 6-2000; opera-
tive 12-16-2000 (Register 2000, No. 46).
56. Certificate of Compliance as to 10-19-2000 order, including further amend-
ment of definitions of "Execution Type Murder." "High Notoriety" and "Pub-
lic Interest Case," transmitted to OAL 3-27-2001 and filed 5-3-2001 (Redster
2001, No. 18).
57. Amendment of definitions of "Firm" and "Small Business Firm" and amend-
ment of Notf; filed 7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
58. Amendment adding definition of "Street gang" and amendment of NoTK filed
8-27-2002 as an emergency; operative 8-27-2002 (Register 2002, No. 35).
Pursuant to Penal Code secfion 5058.3 a Certificate of Compliance must be
transmitted to OAL by 2-4-2003 or emergency language will be repealed by
operation of law on the following day.
59. Certificate of Compliance as to 8-27-2002 order transmitted to OAL
1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
60. Amendment adding definitions of "Program failure" and "Significant work re-
lated disciplinary history" filed 1-9-2004 as an emergency; operative
1 -9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Cer-
fificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency
language will be repealed by operation of law on the following day.
61 . Amendment adding definitions of "Program failure" and "Significant work re-
lated disciplinary history" refiled 6-17-2004 as an emergency; operative
6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1-24-2004 or emer-
gency language will be repealed by operation of law on the following day.
62. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
63. New definition of "Religious Review Committee (RRC)" filed 1-17-2006 as
an emergency; operative 1-17-2006 (Register 2006, No. 3). Pursuant to Penal
Code section 5058.3. a Certificate of Compliance must be transmitted to OAL
by 6-26-2006 or emergency language will be repealed by operation of law on
the following day.
64. Amendment of definition of "Program failure" filed 6-9-2006; operative
7-9-2006 (Register 2006, No. 23).
65. Certificate of Compliance as to 1-17-2006 order transmitted to OAL
6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
66. Change without regulatory effect amending division heading and chapter
heading filed 12-4-2006 pursuant to section 100, fitle 1, California Code of
Regulations (Register 2006. No. 49).
67. New definitions of "Indecent Exposure" and "Sexual Disorderly Conducf and
amendment of NoTi; filed 2-23-2007 as an emergency; operative 2-23-2007
(Register 2007, No. 8). Pursuant to Penal Code secfion 5058.3, a Certificate of
Comphance must be transmitted to OAL by 8-2-2007 or emergency language
will be repealed by operafion of law on the following day.
68. Certificate of Compliance as to 2-23-2007 order transmitted to OAL
7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
69. New definitions of "Non-serious offender" and "Non-violent offender" filed
10-1-2007 as an emergency; operative 10-1-2007 (Register 2007, No. 40).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 3-10-2008 or emergency language will be repealed by
operation of law on the following day.
70. Amendment of definition of "Immediate Family Members" and amendment
of Note filed 10-16-2007; operative 1 1-15-2007 (Register 2007, No. 42).
71. New definitions of "Non-serious offender" and "Non-violent offender" re-
filed 2-25-2008 as an emergency; operative 2-25-2008 (Register 2008, No. 9).
A Certificate of Compliance must be transmitted to OAL by 5-26-2008 or
emergency language will be repealed by operation of law on the following day.
72. Reinstatement of section as it existed prior to 10-1-2007 emergency amend-
ment by operafion of Government Code secfion 1 1346. 1(f) (Register 2008, No.
22).
Page 112
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§ 3003
73. New definitions of "Behavior Management Unit" and "Disiiiptive Beiiavior"
filed 7-8-2008 as an emergency; operative 7-8-2008 (Register 2008, No. 28).
Pursuant to Penal Code section 5058.3(a)( 1 ), a Certificate of Compliance must
be transmitted to OAL by 12-15-2008 or emergency language will be repealed
by operation of law on the following day.
74. Amendment filed 8-4-2008; operative 8^^2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 3000.5. Rules of Construction.
The following rules of construetion apply to these regulations, except
where otherwise noted:
(a) The enumeration of some criteria for the making of discretionary
decisions does not prohibit the application of other criteria reasonably re-
lated to the decision being made.
(b) The order in which criteiia are listed does not indicate their relative
weight or importance.
(c) "Shall" is mandatory, "should" is advisory, and "may" is permis-
sive.
(d) The past, present, or future tense includes the others.
(e) The masculine gender includes the feminine gender; the singular
includes the plural.
(f) The time limits specified in these regulations do not create a right
to have the specified action taken within the time limits. The time limits
are directory, and the failure to meet them does not preclude taking the
specified action beyond the time limits.
NOTE: Authority cited: Section 5058, Penal Code; and Stats. 1992, chapter 695,
section 45. Reference: Sections 3000 and 5054, Penal Code.
History
1 . New section filed 9-3-93; operative 9-^3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
§ 3001 . Subject to Regulations.
Regardless of commitment circumstances, every person confined or
residing in facilities of the department is subject to the rules and regula-
tions of the director, and to the procedures established by the warden, su-
perintendent, or parole region administrator responsible for the operation
of that facility. Persons on parole or civil addict outpatient status are sub-
ject to such director's rules, regulations and parole region procedures as
may be applicable to such persons.
§ 3001 .5. Assignment to Caseworker.
Upon reception at a facility, each inmate shall be assigned a casework-
er.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Code.
History
1 . New section filed 10-15-92; operative 11-16-92 (Register 92, No. 42).
§ 3002. Notice of Program, Behavioral, and Participation
Expectations.
(a) Within 14 days of reception by the Departinent of Corrections or
upon return to confinement in a departmental institution or facility, every
inmate or parolee shall be issued a copy of the Rules and Regulations of
the Director of Corrections and copies of all rule changes that have oc-
curred since the last complete reprinting and reissue of the rules and regu-
lations. Each inmate and parolee shall sign a receipt for the rules. The re-
ceipt shall be filed as a permanent record in the inmate's central file. In
addition:
(1) Spanish language copies of the rules and regulations of the director
shall be maintained at each reception center, institution and facility
where inmates are confined. Notice shall be given in Spanish that a Span-
ish version of the rules is available for inspection. These rules shall be
made available for review by Spanish speaking inmates who cannot read
English.
(2) Within 14 days of transfer to another departmental institution or fa-
cility, the new arrival shall be given a written summary of local proce-
dures governing the conduct and activities of inmates confined at that lo-
cation and a summary of the range of work and training programs ofi^red
by and available at that institution or facility. The summary or summaries
shall also include: procedures governing mail and visiting, the inmate's
right to appeal and appeal procedures, the facility's basic daily schedule,
and where and how additional procedural information of interest may be
obtained. New arrivals shall also be given verbal staff instructions re-
garding the procedures.
Staff instructions shall also be given to newly received inmates regard-
ing the possibility of receiving a one-third reduction of their sentence or
minimum eligible parole date for refraining from acts or activities of mis-
behavior and by participating in assigned work and program activities.
(b) During regularly scheduled institution and reception center inmate
orientation sessions each ininate or parolee shall be advised of the follow-
ing:
(1 ) The ability to earn credits by participating in assigned work and
program activities; and,
(2) The availability of work and program activities; and,
(3) The possible loss of credits resulting from acts or activities of mis-
behavior; and,
(4) The availability of and procedures for access to health care includ-
ing daily sick call procedures.
(5) Reception centers shall incorporate the inmate's acknowledge-
ment of the receipt of the summary of reception center work and program
activities in the same form used as a receipt for issue of the rules and regu-
lations to the inmate.
(6) When inmates are placed in specialized housing with specialized
or hmited program options and opportunities to participate, the initial
classification committee shall .explain the options and opportunities
available to the inmate within that specialized unit. A copy of the com-
mittee's chrono reflecting the discussion shall be given to the inmate and
a copy placed in the inmate's central file.
(7) The facility location where Board of Prison Terms' Rules may be
reviewed by the inmate.
(8) Available insUtution social services.
(c) The issuance of rules and regulations and program information,
summaries, and the inmate's receipt for same is required in order to com-
ply with Sections 2080 and 2930 of the Penal Code. An inmate's refusal
to sign a receipt for the issue of rules and regulations, work and program
summaries, or work and program agreements or understandings, shall be
noted by staff, and the receipt shall be filed in the inmate's central file.
Refusal or failure to acknowledge the receipt of information shall not re-
lieve the inmate from any responsibility to behave and participate as ex-
pected nor from the consequence for misbehavior or refusal or failure to
participate.
(d) Each institution and reception center shall provide a means of ad-
vising inmates who cannot read English of the expectations contained in
this section. The provisions shall include communication of the expecta-
tions to those inmates who also have impaired hearing.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2080,
2930, 2931 and 5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
3. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Govern-
ment Code section 11 346.2(d) (Register 83. No. 19).
4. Amendment of subsections (a), (b) and new subsection (d) filed 2-8-88; opera-
tive 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing errors in subsections (a)(1) and (b)(3) (Register
92, No. 5).
6. New subsections (b)(7)-(8) filed 10-15-92; operative 11-16-92 (Register 92,
No. 42).
§ 3003. Threats Against Public Officials.
Any inmate away from a secure perimeter facility or parolee who
makes a written or verbal threat against the life of any official specified
in Penal Code section 76 with the intent and apparent ability to carry out
the threat shall immediately be placed in custody at a jail or secure perim-
eter facility pending disposition of the charges.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 76, 3056,
5054 and 6253, Penal Code.
History
1. New section filed 10-18-93; operative U-17-93 (Register 93. No. 43). hor
prior history, see Register 89, No. 41.
Page 113
Register 2008, No. 32; 8-8-2008
§3004
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3004. Rights and Respect of Others.
(a) Inmates and parolees have the right to be treated respectfully, im-
partially, and fairly by all employees. Inmates and parolees have the re-
sponsibility to treat others in the same manner. Employees and inmates
may use first names in conversation with each other when it is mutually
acceptable to both parties.
(b) Inmates, parolees and employees will not openly display disrespect
or contempt for others in any manner intended to or reasonably likely to
disrupt orderly operations within the institutions or to incite or provoke
violence.
(c) Inmates, parolees and employees will not subject other persons to
any form of discrimination because of race, religion, nationality, sex. po-
litical belief, age, or physical or mental handicap.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment of subsection (a) filed 9-30-77; effective thirtieth day thereafter
(Register77, No. 40).
3. New subsection (c) filed 4-1 8-80; effective thirtieth day thereafter (Register 80,
No. 16).
§ 3005. Conduct.
(a) Inmates and parolees shall obey all laws, regulations, and local pro-
cedures, and refrain from behavior which might lead to violence or disor-
der, or otherwise endangers facility, outside community or another per-
son.
(b) Obeying Orders. Inmates and parolees must promptly and cour-
teously obey written and verbal orders and instructions from department
staff, and from employees of other agencies with authorized responsibil-
ity for the custody and supervision of ininates and parolees.
(c) Refusing to Accept Assigned Housing. Inmates shall not refuse to
accept a housing assignment such as but not limited to, an integrated
housing assignment or a double cell assignment, when case factors do not
preclude such.
(d) Force or Violence.
( 1 ) Inmates shall not willfully commit or assist another person in the
commission of an assault or battery to any person or persons, nor attempt
or threaten the use of force or violence upon another person.
(2) Inmates shall not, with the intent to cause a riot, willfully engage
in conduct that urges a riot, or urges others to commit acts of force or vio-
lence at a time and place under circumstances that produce a clear and
present and immediate danger of acts of force or violence or the burning
or destroying of property.
(3) Inmates shall not participate in a riot, rout, or unlawful assembly.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 242,
295-300.3, 404-409, 2931 and 5054, Penal Code.
History
1. Repealer and new section (b) filed 2-24-77; effective thirtieth day thereafter
(Register 77, No. 9).
2 . New subsection (c) filed 5- 1 3-77 ; effective thirtieth day thereafter ( Register 77 ,
No. 20).
3. Amendment of subsection (c) filed 6-30-77 as an emergency; effecfive upon
filing (Register 77, No. 27).
4. Amendment of subsection (c) filed 9-29-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 40).
5. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No.
12).
6. Change without regulatory effect amending subsection (a) filed 6-5-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 91, No.
31).
7. Amendment of subsection (c) filed 5-5-95; operative 6-5-95 (Register 95, No.
18).
8. Amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Reg-
ister 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Com-
pliance must be transmitted to OAL by 2-28-2000 or emergency language will
be repealed by operation of law on the following day.
9. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000
and filed 2-22-2000 (Register 2000, No. 8).
10. Amendment of subsection (c) and amendment of Note filed 1-9-2004 as an
emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code
section 5()58.3, a Certificate of Compliance must be transmitted to OAL by
6-17-2004 or emergency language will be repealed by operation of law on the
following day.
11. Amendment of sub.section (c) and amendment of Noti-: refiled 6-17-2004 as
an emergency; operative 6-1 7-2004 (Register 2004, No. 25). Pursuant to Penal
Code section 5058.3. a Certitlcatc of Compliance must be transmitted to OAL
by 1 1 -24-2004 or emergency language will be repealed by operation of law on
the following day.
12. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
1 1-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
13. New subsection (c) and subsection relettering filed 12-28-2007; operative
12-28-2007 pursuant to Government Code section 11343.4 (Register 2007,
No. 52).
14. Amendment of subsection (d), new subsections (d)(l)-(3) and amendment of
NotI' filed 8-4-2008; operative 8^-2008 pursuant to Government Code sec-
tion 1 1343.4 (Register 2008, No. 32).
§ 3006. Contraband.
Inmates may possess only the personal property, materials, supplies,
items, commodities and substances, up to the maximum amount, re-
ceived or obtained from authorized sources, as permitted in these regula-
tions. Possession of contraband as defined in section 3000 may result in
disciplinary action and confiscation of the contraband.
(a) Dangerous Property. Inmates may not possess or have under their
control any weapons, explosives, explosive making material, poisons or
any distructive devices, nor shall they possess or assist in circulating any
writing or voice recording which describes the making of any weapons,
explosives, poisons, or destmctive devices.
(b) Money. Inmates may not possess money. If an inmate finds money
and voluntarily surrenders it, and the rightful owner does not claim it
within 30 days, it will be credited to the inmate's trust account.
(c) Except as authorized by the institution head, inmates shall not pos-
sess or have under their control any matter which contains or concerns
any of the following:
(1 ) Any matter of a character tending to incite murder; arson; riot; or
any form of violence or physical harm to any person, or any ethnic, gen-
der, racial, religious, or other group.
(2) Blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Plans to escape or assist in an escape.
(5) Plans to disrupt the order, or breach the security, of any facility.
(6) Plans for activities which violate the law, these regulations, or local
procedures.
(7) Coded messages.
(8) A description of the making of any weapon, explosive, poison or
destructive device.
(9) Illustrations, explanations, and/or descriptions of how to sabotage
or disrupt computers, communications, or electronics.
(10) Diskettes.
(11) Catalogs, advertisements, brochures, and material whose primary
purpose is to sell a product(s) or service(s) and when taken as a whole,
lacks serious literary, artistic, political, educational, or scientific value.
(12) Maps depicting any area within a ten mile radius of a facility.
(13) Gambling or a lottery.
(14) Markings on the envelope which are obscene in nature as de-
scribed in subsection (15) below.
(15) Obscene material and mail containing information concerning
where, how, or from whom obscene material may be obtained.
(A) Obscene material means material taken as a whole, which to the
average person, applying contemporary statewide standards, appeals to
the prurient interest; and is material which taken as a whole, depicts or
describes sexual conduct; and which, taken as a whole, lacks serious liter-
ary, artistic, political, or scientific value.
(B) When it appears from the nature of the matter or the circumstances
of its dissemination, distribution, or exhibition that it appeals to deviant
sexual groups.
(C) Material subject to the tests in paragraphs (A) or (B) includes, but
is not limited to material that:
(1) Depicts, displays, or describes penetration of the vagina or anus,
or contact between the mouth and the genitals.
(2) Depicts, displays, or describes bestiality, sadomasochism, or an
excretory function including urination, defecation, or semen.
(3) Portrays the nudity of a minor, or person who appears to be under
1 8 years old.
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Register 2(X)8, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§ 3011
(4) Portrays conduct which appears to be non-consensual behavior.
(5) Portrays conduct which is or appears to be forceful, threatening, or
violent.
(6) Portrays conduct where one of the participants is a minor, or ap-
pears to be under 18 years old.
(16) Material that is reasonably deemed to be a threat to legitimate pe-
nalogical interests.
(17) Sexually explicit images that depict frontal nudity in the form of
personal photographs, drawings, magazines, or other pictorial format.
(A) Sexually explicit material shall be defined as material that shows
the frontal nudity of either gender, including the exposed female breast(s)
and/or the genitalia of either gender.
(B) The following sexually explicit material shall be allowed:
1. Departmentally purchased or acquired educational, medical/scien-
tific, or artistic materials, such as books or guides purchased by the de-
partment for inclusion in institution libraries and/or educational areas; or
2. Educational, medical/scientific, or artistic materials, including, but
not limited to, anatomy medical reference books, general practitioner ref-
erence books and/or guides. National Geographic, or artistic reference
material depicting historical, modern, and/or post modern era art, pur-
chased or possessed by inmates and approved by the institution head or
their designee on a case-by-case basis.
(18) Any tobacco product, or tobacco cessation product, that contains
nicotine.
(19) Cellular telephone or other electronic communications device,
(d) Anything in the possession of an inmate which is not contraband
but will, if retained in possession of the inmate, present a serious threat
to facility security or the safety of inmates and staff, shall be controlled
by staff to the degree necessary to eliminate the threat.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600,
2601, 2772, 2790, 4574, 5030.1, 5054 and 5057, Penal Code.
History
1. Amendment of subsection (a) filed 3-2-83; effective thirtieth day thereafter
(Register 83. No. 12).
2. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
3. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
4. New subsection (c) and subsection relettering, renumbering and amendment of
former subsections 3136 (a)-(h) to subsections 3006(c)(l)-(8), new subsec-
tions 3006(c)(9)-(15), and amendment of newly designated subsection (d) and
Note filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A
Certificate of Compliance must be transmitted to OAL 6-12-95 or emergency
language will be repealed by operation of law on the following day.
5. New subsection (c) and subsecfion relettering, renumbering and amendment of
former subsections 3 1 36(a)-(h) to subsections 3006(c)(l)-(8), new subsections
3006(c)(9)-( 1 5), and amendment of newly designated subsection (d) and Note
refiled 6-13-95 as an emergency; operative 6-13-95 (Register 95, No. 24). A
Certificate of Compliance must be transmitted to OAL by 1 1-20-95 or emer-
gency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed
12-27-95 by operation of Government Code section 1 1346.1(f). Certificate of
Compliance as to 6-13-95 order transmitted to OAL 1 1-9-95; disapproved by
OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95,
No. 52).
7. Amendment of section and Note filed 12-27-95 as an emergency pursuant to
Government Code section 1 1346.1; operative 12-27-95 (Register 95, No. 52).
A Certificate of Compliance must be transmitted to OAL by 4-25-96 or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-27-95 order including amendment of sub-
secUons (c), (c)(3), and (c)(9), new subsection (c)( 10) and subsection renumber-
ing, amendment of newly designated subsections (c)(ll). (c)(14) and (c)(i5),
new subsections (c)(15)(A)-(c)(15)(C), amendment of newly designated sub-
sccfions (c)(15)(C)(l) and subsection renumbering, amendment of subsection
(d) and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No.
23).
9. New subsections (c)(17)-(c)(17)(B)2. filed 9-30-2002 as an emergency pur-
suant to Penal Code section 5058.3; operative 9-30-2002 (Register 2002, No.
40). A Certificate of Compliance must be transmitted to OAL by 3-10-2003
pursuant to Penal Code section 5058.3 or emergency language will be repealed
by operation of law on the following day.
10. Certificate of Compliance as to 9-30-2002 order transmitted to OAL
2-3-2003 and filed 3-18-2003 (Register 2003, No. 12).
11. Amendment of first paragraph filed 5-27-2004 as an emergency; operative
5-27-2004 (Register 2004^ No. 22). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 or emer-
gency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
13. New subsection (c)(18) and amendment of Note; filed 7-7-2005 as an emer-
gency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code
section 5058.3. a Certificate of Compliance must be transmitted to OAL by
12-14-2005 or emergency language will be repealed by operation of law on the
following day.
14. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-1.3-2005 and filed 1-26-2005 (Register 2006, No. 4).
15. New subsecfion (c)(19) filed 8-4-2008; operafive 8-4-2008 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2008, No. 32).
§ 3007. Sexual Behavior.
Inmates may not participate in illegal sexual acts. Inmates are specifi-
cally excluded in laws which remove legal restraints from acts between
consenting adults. Inmates must avoid deliberately placing themselves
in situations and behaving in a manner which is designed to encourage
illegal sexual acts.
Comment: Former DR-1105, sexual behavior.
§ 3008. Obscenity.
Inmates shall not openly or publicly display photographs, pictures,
drawings, or other pictorial representations of persons engaged in sexual
acts, actual or simulated, masturbation, excretory functions or lewd exhi-
bitions of the genitals which are obscene as defined in Section 3 1 1 of the
Penal Code.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 3-2-83; effecfive thirtieth day thereafter (Register 83, No.
12).
2. Certificate of Compliance as to 12-27-95 order including amendment of sec-
don and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No.
23).
3. Amendment filed 8-4-2008; operafive 8-4-2008 pursuant to Government
Code section 11343.4 (Register 2008, No. 32).
§ 3009. Gambling.
Inmates shall not participate in any form of gambling or bookmaking.
Comment: Former DR-1107, gambling and bookmaking.
History
1. Amendment filed 8-4-2008; operafive 8-4-2008 pursuant to Government
Code secfion 1 1343.4 (Register 2008, No. 32).
§ 301 0. Gifts and Gratuities.
Inmates may not ask for or accept any gift of money, property, material
or substance from institution visitors, employees or other persons, and
may not give any person a gift or promise of one, except as provided for
by law, approved institution procedures, or as specifically authorized by
the warden or superintendent. Institution procedures established under
this section should be directed toward control of property, safety of per-
sons and institution security.
History
1. Amendment filed 2-24-77; effecfive thirtieth day thereafter (Register 77, No.
9).
§ 301 1 . Property.
Inmates shall not intentionally destroy, damage, or deface, state prop-
erty or another person's property. To do so shall be cause for disciplinary
action and the inmate may be charged for the cost of repair or replace-
ment, including materials. Intentional destruction of property may result
in a credit loss as specified in Section 3323(c)(3), 3323(d)(6), or
3323(g)(1) of these regulations. Intentional damage to property valued
at four hundred dollars or more may result in criminal prosecution and
an additional term of imprisonment in addition to any credit loss resulting
from the disciplinary action. Intentional damage to property valued at
less than four hundred dollars may result in a misdemeanor conviction
in addition to any credit loss resulting from the disciplinary action.
NOTE: Authority cited: Secfion 5058. Penal Code. Reference: Sections 594(a),
2932, 4600 and 5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77. No.
9).
2. Amendment filed 12-1-78 as an emergency; designated effective 1-1-79 (Reg-
ister 78, No. 48).
3. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
4. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Page 115
Register 2008, No. 32; 8-8-2008
§3012
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
5. OAL Notice of Enoneous Filing filed 7-29-85; purported Order of Repeal of
Section 301 1(a) filed in error on 6-3-85 is null and void and text of subsection
(a) as filed with Secretary of State on 12-1-78 remains in effect unintenupted
(Re2ister85, No. 31).
6. Amendment filed 12-16-88; operative 1-15-89 (Register 88. No. 53).
7. Change without regulatory effect amending section filed 1 1-19-97 pursuant to
section 100, title 1, California Code of Regulations (Register 97. No. 47).
8. Amendment of section and NoTi: filed 9-25-2000; operative 10-25-2000
(Register 2000, No. 39).
9. Amendment of section and Note filed 8-4-2008; operative 8-4-2008 pursuant
to Government Code section 1 1343.4 (Register 2008, No. 32).
§3012. Theft.
Inmates shall not obtain anything by theft, fraud or dishonesty.
Comment: Former DR-1 1 10, stealing and dealing.
History
1. Amendment filed 8-4-2008; operative 8^-2008 pursuant to Government
Code section 1 1343.4 (Register 2008. No. 32).
§ 3013. Unlawful Influence.
Inmates shall not attempt to gain special consideration or favor from
other inmates, employees, institution visitors or any other person by the
use of bribery, threat or other unlawful means.
Comment: Former DR-1 111, improper influence.
History
I. Amendment filed 8^1-2008; operative 8-4-2008 pursuant to Government
Code section 11343.4 (Register 2008. No. 32).
§ 301 4. Calls and Passes.
Inmates must respond promptly to notices given in writing, announced
over the public address system, or by any other authorized means.
Comment: Former DR-1 113, answering calls and passes.
History
1 . Repealer of Section 30 1 4 and renumbering of Secfion 30 1 5 to Secfion 30 1 4 filed
9-30-77; effective thirtieth day thereafter (Register 77, No. 40). For former sec-
tion 3014, see Register 77, No. 9.
§ 3015. Unauthorized Areas and Facility Boundaries
(a) Every area of a facility which is out of bounds to inmates or which
is only out of bounds at specified times shall be clearly designated. In-
mates shall not enter such areas unless specifically authorized to do so
by staff
(b) Inmates assigned to a work detail or project off their facility' s prop-
erty shall not go beyond the geographical limits established by their staff
escort.
(c) Except as provided in sections 3080 through 3083, Title 15, Cali-
fornia Code of Regulations, inmates shall not travel past the boundaries
of a facility unless escorted by authorized staff. Inmates shall not be es-
corted from a facility except in an emergency or when authorized for the
purpose of a work or project assignment, transfer to another facility, or
temporary community leave or removal.
(d) Inmates shall not escape, attempt to escape or conspire with others
to escape from the custody of the department. Inmates shall not solicit or
coerce others to aid or assist in an escape.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
History
1. Renumbering of Section 3016 to Section 3015 filed 9-30-77; effecfive thirtieth
day thereafter (Register 77. No. 40).
2. Amendment of secfion heading and newly designated subsection (a), new sub-
section (b), renumbering and amendment of former section 3444 to new subsec-
fion (c), and new Note filed 10-27-93; operative 1 1-26-93 (Register 93, No.
44).
3. New subsection (d) filed 8-4-2008; operafive 8^-2008 pursuant to Govern-
ment Code section 11 343.4 (Register 2008, No. 32).
§ 3016. Controlled Substances, Drug Paraphernalia, and
Distribution.
(a) Inmates shall not inhale, ingest, inject, or otherwise introduce into
their body; use, possess, manufacture, or have under their control any
controlled substance, medication, or alcohol, except as specifically au-
thorized by the institution's/facility's health care staff.
(b) Inmates shall not possess, exchange, manufacture, or have under
their control any paraphernalia as defined by Health and Safety Code sec-
tion 1 1014.5, or device related to the use, injection, or manufacture of any
controlled substance, except as specifically authorized by the institu-
tion's/facility's health care staff
(c) Inmates shall not distribute, as defined in section 3000, any con-
trolled substance.
(d) Inmates shall not possess medication in quantities exceeding the
dosage specifically authorized by the institution's/facility's health care
staff, nor may an inmate possess medication prescribed to another in-
mate.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2931,
4573, 4573.6 and 5054, Penal Code; and Sections 1 1014.5, 1 1350-1 1383, Health
and Safety Code.
History
1 . Renumbering of Section 301 7 to Section 3016 filed 9-30-77; effective thirtieth
day thereafter (Register 77, No. 40).
2. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83. No.
12).
3. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95,
No. 9). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 or emergency language will
be repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95,
No. 32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Register 96,
No. 8).
6. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96,
No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96
or emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 2-21-96 order including amendment of section
heading and section transmitted to OAL 6-1 8-96 and filed 7-9-96 (Register96,
No. 28).
8. Amendment of section heading, section and Note filed 8-27-98 as an emergen-
cy; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must
be transmitted to OAL by 2-3-99 or emergency language will be repealed by
operation of law on the following day,
9. Amendment of section heading, section and Note refiled 2-3-99 as an emer-
gency; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99
or emergency language will be repealed by operation of law on the following
day.
10. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and
filed 6-24-99 (Register 99, No. 26).
11. Amendment filed 8-4-2008; operative 8^4-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 301 7. Responsibility for Counts.
Inmates must be present at designated times and places for counts, and
must present themselves for count in the manner set forth in institution
procedures.
Comment: Former DR-1 1 16, responsibility for count.
History
1 . Renumbering of Section 301 8 to Section 3017 filed 9-30-77; effective thirtieth
day thereafter (Register 77, No. 40).
§3018. Telephones.
Inmates may not use institution telephones or public coin operated
telephones located on institution property except as specifically autho-
rized and as described in section 3282. An inmate must identify himself
or herself as an inmate when answering or making an interinstitution tele-
phone call.
Comment: Former DR-1 1 17, use of telephones.
History
I . Renumbering of Section 301 9 to Section 301 8 filed 9-30-77; effective thirtieth
day thereafter (Register 77, No. 40).
§3019. Identification.
Inmates must carry on their person any identification and privilege
card issued for identification purposes, in accordance with institution
procedures. Inmates must not mutilate or destroy such cards nor possess
the card of another inmate. An inmate must surrender his or her identifi-
cation card or cards at the request of any employee. Unless a card is being
officially recalled, the card(s) will be promptly relumed to the inmate
when staffs use of the card has been accomplished. An inmate may be
charged for replacement of a deliberately mutilated, lost or destroyed
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Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3025
card in accordance with section 30 1 1 . An inmate may also be charged for
replacement of a card if a physical change in the inmate's appearance is
a matter of his or her own choice and the change occurs within six months
of the issue of a new or replacement card. An inmate will not be charged
for replacement of a card because of a physical change in the inmate's
appearance over which the inmate has no control.
History
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Resister 77, No.
20).
2. Renumbering of Section 3020 to Section 301 9 filed 9-30-77: effective thirtieth
day thereafter (Register 77, No. 40).
§ 3020. Inmate Activity Groups.
(a) Inmates may not establish or participate in the establishment or ac-
tivities of any inmate club, inmate activity group, or any association or
organization of inmates within the institution except as specifically ap-
proved by the warden or superintendent, as provided in Sections
3233-3235.
(b) Inmate participation in an approved activity group will not be cause
to deny or restrict regular correspondence and visitation rights with per-
sons who are approved to attend and participate in such inside inmate
group activities.
Comment: Former DR-1 1 19, unauthorized organizations.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and
5054, Penal Code.
History
1. Amendment of subsection (a) filed 2-24-77; effective thirtieth day thereafter
(Register 77, No. 9).
2. Renumbering of Section 302 1 to Section 3020 filed 9-30-77; effective thirtieth
day thereafter (Register 77, No. 40).
3. Amendment of subsection (a) filed 2-22-79; effective thirtieth day thereafter
(Register 79, No. 8).
4. Amendment of subsection (b) filed 3-2-83; effective thirtieth day thereafter
(Register 83, No. 12).
§ 3021 . Falsification of Records or Documents.
Inmates and parolees must not intentionally enter or introduce false in-
formation into or upon any record or document maintained by the De-
partment of Corrections. Inmates and parolees must not destroy, delete,
remove or otherwise intentionally cause any record or document main-
tained by the Department of Corrections to be a false or incomplete re-
cord or document by reason of such action.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. New section filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Renumbering of Section 3022 to Section 3021 filed 9-30-77; effective thirtieth
day thereafter (Register 77, No. 40).
§ 3022. Equality of Inmates.
No inmate or group of inmates will be given or be permitted to assume
control over other inmates. This does not preclude the use of inmates as
aides or lead persons on work and training assignments when the activity
is directed and supervised by responsible employees.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secdon 5054, Penal
Code.
History
1 . New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
16).
§ 3023. Gang Activity.
(a) Inmates and parolees shall not knowingly promote, further or assist
any gang as defined in section 3000.
(b) Gangs, as defined in section 3000, present a serious threat to the
safety and security of California prisons.
(c) For the purpose of specific gang participant identification, the de-
partment categorizes gangs into prison gangs and disruptive groups as
defined in section 3000.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 186.22 and
5054, Penal Code.
History
1. New section filed 5-20-91; operafive 6-19-91 (Register 91, No. 26).
2. New subsection (b) and subsection relettering filed 1-21-99 as an emergency;
operative 1-21-99 (Register 99, No. 4). Pursuant to Penal Code section
5058(e), a Certificate of Comphance must be transmitted to OAL by 6-30-99
or emergency language will be repealed by operation of law on the following
day.
3. Certificate ofCompHance as to 1-2 1-99 order transmitted to OAL 6-30 99 and
filed 8-12-99 (Register 99, No. 33).
§ 3024. Business Dealings by Inmates.
(a) Inmates shall not engage actively in a business or profession except
as authorized by the institution head or as provided in Section 3 1 04. For
the purpose of this section, a business is defined as any revenue generat-
ing or profit making activity. An inmate who is engaged in a business or
profession prior to commitment to the department shall assign authority
for the operation of such business or profession to a person in the commu-
nity.
(b) Inmate mail may be rejected by an institution head or designee for
reasons which include, but are not limited to, the mail relates to the direc-
tion of an inmate's business or profession. This does not, however, pro-
hibit mail necessary to enable an inmate to protect property and funds that
were legitimately the inmate's at the time of commitment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
5054, Penal Code; Turner v. Safley4S2 US 78 (1987).
History
1 . New section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95. No.
1 ). A Certificate of Compliance must be transmitted to OAL 6-1 2-95 or emer-
gency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 95,
No. 30).
3. New secfion filed 7-25-95 as an emergency; operative 7-25-95 (Register 95,
No. 30). A Certificate of Compliance must be transmitted to OAL by 1 1-22-95
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 7-25-95 order including amendment of section
transmitted to OAL 11-17-95 and filed 1-3-96 (Register 96, No. 1).
Article 1.5. DNA and Forensic Identification
§ 3025. Department of Justice DNA and Forensic
Identification Database and Data Bank
Program.
(a) All inmates and parolees, including juveniles, committed to the
custody of the department after having been convicted of, found guilty
of, having pled guilty or no contest to, or having been found not guilty
by reason of insanity for, any offense listed in Penal Code (PC) section
296(a), or whose records indicate a prior conviction for such an offense,
shall provide all of the following required specimens, to be forwarded to
the Department of Justice (DOJ) as soon as administratively practicable:
(1) Buccal Swab Samples.
(2) Right Thumbprint Impressions.
(3) Full Right and Left Palm Print Impressions.
(4) Writer's Palm Print Impression.
(5) Any Blood Specimens or other Biological Samples required.
(b) The Usted specimens shall be provided under the following circum-
stances, unless the inmate's central file or other records indicate that all
required specimens have already been obtained:
( 1 ) Whether or not the offense predated the enactment of the DNA and
Forensic Identification Database and Data Bank Act of 1998, or any
amendments to it; including the DNA, Fingerprint, Unresolved Crime
and Innocence Protection Act.
(2) Whether or not the court advised the convicted person of this re-
quirement;
(3) If the inmate or parolee was convicted of a state or federal offense
in another state which would constitute an offense as listed in PC section
296(a);
(4) If notification is received from the DOJ that an inmate's or parol-
ee's specimens already taken for any purpose are not usable for any rea-
son.
(c) DOJ DNA laboratory may obtain blood specimens from qualifying
persons as defined in PC section 296(a) when it is determined that such
specimens are necessary in a particular case or would aid the DOJ in ob-
taining an accurate forensic DNA profile for identification purposes.
Cases requiring blood specimens include, but are not limited to, buccal
swab samples that cannot be properly identified or analyzed by DOJ, or
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§3025
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
if the inmate refuses to submit to DNA buccal swab collection, and/or
print impressions.
(d) Newly committed inmates and persons returned to custody based
upon a violation of parole, furlough or any other type of release, who
meet the criteria established in PC section 296(a). shall, provide the re-
quired specimens, samples and print impressions during the reception
center process or reasonably promptly after their transfer to an institu-
tion/facility.
(e) Parolees identified as meeting the criteria established in PC section
269(a) for present and past qualifying offenses, shall provide the required
specimens, samples and print impressions within five days of notifica-
tion by the court, or by parole unit staff at a collection location designated
in accordance with PC section 296.1(a)(3)(B).
(f) Only medical staff trained and certified to do so shall draw blood
for collection of specimens; in accordance with standard medical practic-
es. The specimens, samples, and print impressions collected pursuant to
Penal Code, Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections 295
et seq.), shall be forwarded promptly to the DOJ. The collection kit. in-
cluding all blood specimen vials, buccal swab collectors, mailing tubes,
labels and instructions for the collection shall be provided by the DOJ.
A right thumbprint, a full palm print impression of each hand, and the
[The next page is 117.]
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Title 15
Adult Institutions, Programs and Parole
§3031
writers palm print impression shall be taken on forms prescribed by the
DOJ. The palm print forms shall be forwarded to and maintained by the
Bureau of Criminal Identification and Information of the DOJ. If a blood
specimen is necessary pursuant to subsection (c), right thumbprints shall
be taken at the time of the collection of samples and specimens, and shall
be placed on the samples and specimen containers and forms as directed
by DOJ. The samples, specimens and forms shall be forwarded to and
maintained by the DNA Laboratory of the DOJ.
(g) Only trained, designated medical, custody, parole staff and/or local
law enforcement shall handle forms or specimens after their collection.
(h) If a person has been convicted of a state or federal offense which
would constitute an offense as listed in PC section 296(a) and is trans-
ferred or paroled from another state into California, an agreement to pro-
vide these specimens shall be made a condition of acceptance for super-
vision in this state.
(i) Any inmate or parolee who refuses to provide any or all of the fol-
lowing; blood specimens, buccal swab samples, or thumb or palm print
impressions as required by Penal Code, Part 1 , Title 9, Chapter 6, Articles
1 through 7 (sections 295 et seq.), after he or she has received written no-
tice that he or she is required to provide specimens, samples, and print
impressions is guilty of a misdemeanor. An inmate who refuses shall also
be subject to progressive discipline pursuant to California Code of Regu-
lations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5 (section
3310 et seq.).
(j) The use of reasonable force, as defined in section 3268(a)(1), shall
not be authorized without the prior written authorization at the level of
Facility/Correctional Captain or higher, or the administrative officer on
duty. The authorization shall include information that reflects the fact
that the offender was asked to provide the requisite specimen, sample, or
impressions as required by law, and that he or she refused to do so.
(k) The use of reasonable force, as defined in section 3268(a)( 1 ), shall
be preceded by efforts to secure voluntary compliance.
(/) If the use of reasonable force to obtain DNA includes a cell extrac-
tion, the extraction shall be videotaped. The videotaping shall depict all
correctional personnel directly involved and the advisement to the in-
mate that the requisite specimen, sample or impressions is required. All
incidents that required the use of reasonable force to obtain DNA samples
shall be tracked and maintained by the institutional DNA coordinator and
forwarded to the assistant director. Law Enforcement Investigative Unit
(LEIU).
(m) Any person described in section 3025(a), pursuant to PC section
298.2, who engages or attempts to engage in any of the following acts is
guilty of a felony:
( 1 ) Knowingly aids in the wrongful collection of a required specimen,
sample, or print impression, with the intent to deceive as to the origin of
a DNA profile.
(2) Knowingly tampers with any specimen, sample, print impressions,
or the collection container, with the intent to deceive as to the identifica-
tion of the person.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 295-300.3
and 5054, Penal Code.
History
1 . New article 1 .5 (section 3025) and section filed 9-20-99 as an emergency; op-
erative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e)
a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000
and filed 2-22-2000 (Register 2000, No. 8).
3. Amendment filed 1 0-4-2002 as an emergency pursuant to a certificate of opera-
tional necessity under Penal Code section 5058.3; operative 10-4-2002 (Regis-
ter 2002, No. 40). Pursuant to Penal Code section 5058.3, this filing is deemed
an emergency and a Certificate of Compliance must be transmitted to OAL by
3-1 3-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 10-4-2002 order, including further amendment
of subsections (e) and (i), transmitted to OAL 3-12-2003 and filed 4-8-2003
(Register 2003. No. 15).
5. Amendment filed 8-23-2005; operative 8-23-2005. Submitted to OAL for
printing only pursuant to Penal Code section 295(h)(2) (Register 2005, No. 34).
Article 2. State-Issued Inmate Clothing and
Linen
§ 3030. Issuance and Possession of State Clothing and
Linen.
(a) Each inmate shall be provided state clothing and linen pursuant to
this section. Each item issued shall remain state property for which the
inmate shall be accountable. State items shall be recalled and exchanged
as directed by the institution head.
(b) Inmates shall possess only those items of state clothing and linen
issued to them. Below are the standard inmate issues:
(1) Each inmate shall be issued:
(A) Work shoes, one pair.
(B) Sheets, two.
(C) Pillow case, one.
(D) Towels, two.
(E) Blankets, two.
(F) The distinctive, protective and/or extra clothing required by the cli-
mate and/or the inmate's job assignment.
(2) In addition to the items in ( 1 ) above, each male inmate shall be is-
sued:
(A) Jeans, blue denim, three pair.
(B) Shirts, blue chambray, three.
(C) Undershirts, white, four.
(D) Socks, six pair.
(E) Undershorts, white, four pair.
(F) Jacket, blue denim, one.
(G) Belt, web, one.
(3) In addition to the items in (1) above, each female inmate shall be
issued:
(A) Blouses/T-shirts, three.
(B) Slacks, three pair.
(C) Bras, three each six months.
(D) Dress, muumuu, robe or duster; one.
(E) Coat, one.
(F) Panties, five pair each six months.
(G) Nightgown, one.
(H) Socks, six pair.
(I) Pregnant inmates shall be issued one additional, larger pair of
shoes.
(c) Inmates shall possess only those items of personal clothing specifi-
cally authorized by the institution head and acquired pursuant to these
regulations.
(d) During interdepartmental transportation, male inmates shall wear
a red, one-piece outer garment and female inmates shall wear an orange,
two-piece outer garment; and all shall wear state-issued shoes, socks,
and underclothes; and may possess one handkerchief.
(e) Inmates transported for appearance in court shall wear clean state-
issued clothing, unless otherwise ordered by the court.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and
5054, Penal Code.
History
1. Amendment of article heading, section heading, and newly designated subsec-
tion (a), renumbering and amendment of former subsection 3032(a) to 303()(b).
renumbering and amendment of former subsection 3032(b) to 303()(c). and new
subsections (d) and (e) and Note filed 7-9-92; operative 8-1 0-92 (Register 92,
No. 28).
2. Amendment of subsections (b)(3)(C)-(D) and new subsection (b)(3)(I) filed
3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
§ 3031 . Neatness and Laundry Exchange.
Inmates shall be appropriately clothed at all times consistent with the
specific unit, work or program activities and as directed by staff. Inmate
clothing shall be worn in the manner in which it was manufactured to be
worn.
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§3032
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title IS
(b) Each inmate shall maintain issued clothing and linen as neat and
clean as conditions permit. Weekly laundry exchange shall be provided
on a one-for-one basis limited as follows;
(1) Shirts or blouses, two.
(2) Jeans or slacks, two pair.
(3) Undershirts, three.
(4) Undershorts, or panties, three pair.
(5) Sheets, two.
(6) Pillow case, one.
(7) Socks, three pair.
(8) Towels, two.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of section heading, section and new Note filed 7-9-92; operative
8-10-92 (Register 92, No. 28).
§ 3032. Alteration of Clothing.
(a) Inmates shall not alter or dispose of damaged or worn out personal
or state-issued clothing or linen in any inanner without specific authority
to do so. If the regular issue of clothing or linen does not meet an inmate's
special physical/health needs, the chief medical officer may authorize a
special issue to that inmate based upon a medical necessity as defined in
section 3350(b)(1). Upon staff verification, a state-issued item which is
lost or damaged through no fault of the inmate shall be replaced without
charge to the inmate.
(b) An inmate shall not alter personally owned clothing in any manner
that would change its characteristics or style from that originally ap-
proved by the institution head.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Renumbering and amendment of former subsection 3032(a) to 3030(b), and for-
mer 3032(b) to 3030(c), and renumbering and amendment of former section
3033 to 3032 filed 7-9-92: operative 8-10-92 (Register 92, No. 28).
2. Amendment of subsection (a) filed 2-17-95 as an emergency; operative 3-1-95
(Register 95, No. 9). This regulatory action was deemed an emergency pursuant
to section 5058(e) of the Penal Code and remains in effect for 160 days. A Certif-
icate of Compliance must be transmitted to OAL by 8-8-95 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Amendment of subsection (a) refiled 8-7-95 as an emergency; operative
8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect for 1 60 days.
A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emer-
gency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Register 96,
No. 8).
5. Amendment of subsection (a) filed 2-21-96 as an emergency; operative
2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted
to OAL by 6-20-96 or emergency language will be repealed by operation of law
on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of subsec-
tion (a) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§ 3033. Alteration.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Editorial correction of prindng error (Register 92, No. 5).
2. Renumbering of former section 3033 to 3032 filed 7-9-92; operative 8-10-92
(Register 92, No. 28).
Article 3. Work and Education
§ 3040. Participation.
(a) Every able-bodied person committed to the custody of the Secre-
tary of the Department of Corrections and Rehabilitation is obligated to
work as assigned by department staff and by personnel of other agencies
to whom the inmate' s custody and supervision may be delegated. Assign-
ment may be to a full day of work, education, or other program activity,
or to a combination of work and education or other program activity.
(b) Inmates assigned to a physical fitness program as part of a work
incentive program shall be held to the same obligadons/participation re-
quirements governing other vocational, educational, or work assign-
ments.
(c) Except as provided in sections 3040.2(d) and 3040(e), a classifica-
tion committee shall assign each inmate to an appropriate work, educa-
tion, vocadon, therapeudc or other institudon prograin, taking into ac-
count the:
(1) Inmate's expressed desires and needs.
(2) Inmate's eligibility for and availability of the desired work or pro-
gram acdvity.
(3) Insdtudon's security and operafional needs.
(4) Safekeeping of the inmate.
(5) Safety of persons and the general public.
(d) Despite an inmate' s assignment to a program mutually agreed upon
in a classification cominittee hearing, or pending such a hearing, or pend-
ing assignment to a designated program, or during any period when the
designated program is temporarily suspended, or in the absence of the in-
mate's agreement to pardcipate in any program activity, any able-bodied
inmate may be assigned to perform any work deemed necessary to main-
tain and operate the insdtution and its services in a clean, safe and effi-
cient manner. Operadonal needs may always override a program assign-
ment.
(e) Inmates assigned to clerical duties and office work positions, re-
quiring an extensive amount of staff/inmate interacdon, such as clerks
and teachers' aides, shall be rotated at regular intervals to other positions
within the insdtudon even though that may result in lower pay, or no pay
at all, to the inmate being rotated out of the posidon. The insdtution head
shall determine the rotadon schedule based upon security needs of the
insdtution. Assignments to such posidons shall not exceed a two-year
period. Roudne rotation shall not affect the inmates' work/training group
designadon, although it may divest the inmate of a paid posidon.
(f) Any staff request for removal of an inmate from a program shall be
submitted to the inmate's correcdonal counselor on a CDC General
Chrono Form. The counselor shall refer the request to a classificadon
committee for consideradon and action. If a request is for cause, defined
as behavior that would result in loss of participadon credit pursuant to
section 3043.2(a), the inmate may be temporarily relieved of the position
and denied pay (if a paid posidon), pending classificadon committee ac-
don.
(g) Work assignments, in lieu of enrollment and participadon in edu-
cadon, vocadonal, therapeudc or other institution program assignments,
may be made with or without the inmate's consent by a classificadon
committee, a staff member designated as an inmate assignment officer,
or by any staff member responsible for the supervision of an unassigned
inmate.
(h) Inmates who have a history of computer fraud or abuse, including
documented institutional disciplinary action involving computer fraud or
abuse, shall not be placed in any vocational or work assignment that pro-
vides access to a computer.
(i) A job description shall be developed for each inmate work/training
position, establishing the minimum standards of acceptable participation
and performance and the possible consequences of failure or refusal to
meet the standards. The inmate shall sign a copy of the job description,
indicating acceptance of the conditions of employment, and shall receive
a copy.
(j) The allocation of paid inmate work/training assignments on an
institution-specific basis shall be made by the institution's inmate pay
committee. Each institution shall administer an inmate pay program con-
sistent with the budget allotted for such assignments. As directed and in
accordance with section 3380, Department and institutional inmate pay
committees shall administer inmate rate and wage matters subject to
these regulations.
(k) An inmate's assignment to a paid position is a privilege dependent
on available funding, job performance, seniority and conduct. These fac-
tors shall be criteria considered in determining an inmate's eligibility for
pay earning status and rate of pay.
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Title 15 Adult Institutions, Programs and Parole § 3040
(/) The following inmate assignments shall not be considered paid (2) Vocational student assignments (however, exceptions may be
worlc/training assignments. made where the inmate is enrolled in a bona fide apprenticeship program
( 1 ) Inmate advisory council members (except the chairperson and sec- or performs work that provides a benefit to the institution and/or public),
retary). (3) Academic student assignments.
[The next page is 119.]
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Title 15
Adult Institutions, Programs and Parole
§ 3040.2
(4) Substance abuse or therapeutic program assignments.
(5) Any otiier specific work/training assignment deemed "non-pay"
by the inmate pay committee of the institution/facility.
NOTH: Authority cited: Sections 2700, and 5058, Penal Code. Reference: Section
1 182, Labor Code; and Sections 502, 2079, 2702, 2933, 5054 and 5068, Penal
Code.
History
1 . Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 83, No. 19).
3. New subsection (e) filed 8-7-87 as an emergency; operative 8-7-87 (Register
87. No. 34). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 1 2-4-87; dis-
approved by OAL (Register 88, No. 16).
5. New subsection (e) filed 1-4-88 as an emergency; operative 1-4-88 (Register
88, No. 1 6). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
7. New subsecfion (e) filed 6-2-88 as an emergency; operative 6-2-88 (Register
88, No. 24). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 9-30-88.
8. Editorial correction of History 7. only changing Register 88, No. 16 to Register
88, No. 24 (Register 88, No. 34).
9. Certificate of Compliance as to 6-2-88 order transmitted to OAL 9-26-88 and
filed 10-26-88 (Register 88, No. 50).
10. Amendment of subsection (b), new subsection (d) and subsection renumber-
ing filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4).
A Certificate of Compliance must be transmitted to OAL by 4-20-92 or emer-
gency language will be repealed by operation of law on the following day.
1 1 . Certificate of Compliance as to 1 2-20-9 1 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
12. Renumbering and amendment of former section 3220.2 to subsection 3040(b)
and subsecfion redesignation filed 6-30-95 as an emergency; operative 7-1-95
(Register 95, No. 26). A Certificate of Compliance must be transmitted to OAL
by 12-7-95 or emergency language will be repealed by operafion of law on the
following day.
13. Certificate of Compliance as to 6-30-95 order transmitted to OAL 1 1-22-95
and filed 1-8-96 (Register 96, No. 2).
14. New subsection (g), subsection relettering, and amendment of Note filed
3-24-99; operative 4-23-99 (Register 99, No. 13).
15. New subsection (e) and subsection relettering filed 2-13-2001; operafive
3-15-2001 (Register 2001, No. 7).
16. Amendment of subsections (a)-(c), (d)-(f) and (i), new subsecfions (j)-(/)(5)
and amendment of Note filed 5-3-2004; operative 6-2-2004 (Register 2004,
No. 19).
17. Amendment of subsections (a), (c) and (e) filed 6-9-2006; operative
7-9-2006 (Register 2006, No. 23).
§ 3040.1 . Substance Abuse Programs for Inmates.
(a) Prisons may establish substance abuse programs (SAP) as work/
training incentive assignments to provide education, work, and other pro-
gram activities. An SAP is not intended to provide medical or mental
health treatment. Available services and duration of programs may vary,
depending upon each participating prison's security needs and space
availability.
(b) A classification committee may consider inmates who have a docu-
mented history of substance abuse for placement in the SAP; placement
may be voluntary or involuntary. Inmates who volunteer for participation
in the SAP shall be given priority placement.
(c) Inmates with the following case factors shall not be placed in an
SAP:
( 1 ) Inmates who have been housed in a Security Housing Unit at any
time during the preceding 12 months as a result of a guilty finding in a
disciplinary action for assault and/or battery with force sufficient to
cause serious injury or other rule violations classified as Division A-1 ,
as listed in Section 3323(b);
(2) Inmates who have been housed in a Protective Housing Unit at any
time during the preceding 12 months;
(3) Inmates who are currently members or associates of a prison gang,
as certified by a Institution Gang Investigator;
(4) Inmates who have active or potential felony holds from any juris-
diction which could result in an increase in sentence length;
(5) Inmates who have active or potential United States Immigration
and Naturalization Service holds;
(6) Inmates who are enrolled in Inpatient or Enhanced Outpatient Pro-
gram (EOP) services.
(d) Inmates who meet the initial screening requirements for placement
in an SAP shall be identified in the department's data processing system
record by the placement of an "S" in the Eligibility Identifier field of the
database.
(e) Final consideration prior to assignment to an SAP:
(1) Inmate's classification score and administrative determinants, es-
tablished in accordance with section 3375. shall be appropriate to the fa-
cility where the SAP is located;
(2) Inmate's remaining time to serve shall be within the minimum
length of participation required for the SAP as established at that institu-
tion.
(f) Inmates assigned to an SAP are subject to the program participation
requirements listed in Section 3040, and the performance requirements
of section 3041, and shall be placed in a work/training incentive group
consistent with the provisions of section 3044. Inmates who fail to com-
ply with program participation and/or performance requirements shall be
subject to the methods of discipline defined in section 3312.
(g) Inmates who participate in an SAP shall not be eligible for place-
ment in a Community Correctional Reentry Facility unless that facility
provides a continuation of SAP activities.
(h) Inmates eligible for SAP placement who are housed in Conserva-
tion Camps or Minimum Support Facilities shall participate in an SAP
only if one is available at that facility.
(i) A community services plan shall be developed by SAP staff for
each inmate being paroled from an SAP.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New secfion filed 8-28-98 as an emergency; operative 8-28-98 (Register 98,
No. 35). Pursuant to Penal Code section 5058(e), a Certificate of Compliance
must be ti-ansmitted to OAL by 2-4-99 or emergency language will be repealed
by operafion of law on the following day.
2. Certificate of Compliance as to 8-28-98 order, including amendment of section,
transmitted to OAL 2-2-99 and filed 3-18-99 (Register 99, No. 12).
3. Amendment of subsecfion (c)(3) filed 5-25-2006; operative 5-25-2006 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 21).
§ 3040.2. Bridging Education Program.
(a) Each prison shall establish Bridging Education Programs as work/
training incentive assignments to provide education programming. In-
mates who are undergoing reception center processing, and are day-for-
day credit eligible per Penal Code section 2933, will be assigned to the
Bridging Education Program upon their arrival at the reception centers.
Inmates who are day-for-day credit eligible, who are housed in general
population institutions, will be eligible to be assigned to the Bridging
Education Program.
(b) An inmate's participation in the Bridging Education Program will
be evaluated on course curriculum, instructor evaluation, and completed
assignments. Assignment to an approved Bridging Education Program
shall qualify as a full-time assignment in Work Group A-1.
(c) Inmates with the following case factors shall not be placed in
Bridging Education Programs:
( 1 ) Inmates who do not meet the criteria to earn day-for-day credits
per Penal Code section 2933, or are sentenced to an indeterminate term,
who are undergoing reception center processing.
(2) Inmates who do not meet the criteria to earn day-for-day credits
per Penal Code section 2933, or are sentenced to an indeterminate term,
who are housed at a general population institution.
(3) Inmates who are housed in segregated housing (e.g.. Administra-
tion Segregation Unit, Security Housing Unit, Psychiatric Services Unit,
etc.).
Page 119
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§3041
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) Inmates housed in facilities where the Bridging Education Pro-
gram is not available (e.g.. Community Correctional Facilities, Depart-
ment of Mental Health, etc.).
(d) The reception center Inmate Assignment Officer shall have the au-
thority to initiate a classification action to assign inmates to reception
center Bridging Education Programs and affect a work/training group
change. When taking such an action, notification and classification pro-
cedural safeguards as described in sections 3375(e) and 3375(f) of these
regulations shall not be required.
(e) General population inmates may be assigned to Bridging Educa-
tion Programs following a classification committee review as detailed in
section 3376.
(f) A classification committee action shall not be required to remove
inmates from Bridging Education Programs if no other changes in work/
training group, custody designation or work waiting list is required.
NOTIi: Authority cited: Sections 5058, Penal Code. Reference: Sections 2933 and
5054, Penal Code.
History
1 . New section filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§3041. Performance.
(a) Inmates must perform assigned tasks diligently and conscientious-
ly. Inmates must not pretend illness, or otherwise evade attendance or
avoid performance in assigned work and program activities, or encour-
age others to do so.
(b) Inmates must report to their place of assignment at the time desig-
nated by the institution's schedule of activities and as instructed by their
assignment supervisor. Inmates may not leave an assignment without
permission to do so.
( 1 ) Time and payroll credits for paid inmate workers shall be docu-
mented on timekeeping logs maintained by work supervisors in accor-
dance with section 3045.
(2) The duration of an unauthorized absence from a compensated as-
signment shall be documented and under no circumstances shall an in-
mate be paid under the authority of section 3041.2 for time not worked.
(c) Inmates must perform their work and program assignments in a
safe manner, using safety equipment as instructed by their assignment su-
pervisor.
(d) Inmates assigned to educational, vocational, or other training pro-
grams must cooperate with the instructor or the person in charge, and
must comply with instructions, and all requirements for participation in
the assigned activity.
(e) Inmates in assignments where they will type, file, or otherwise han-
dle any nonconfidential information pertaining to another inmate shall
comply with all state Information Practices Act (Civil Code Sections
1798, et seq.) requirements.
( 1 ) For purposes of this section inmates in such assignments are desig-
nated "special agents" of the Department of Corrections as defined in
Civil Code Section 2297, for the limited purposes of typing, filing, and
handUng information under the supervision of employees of the Depart-
ment, and for no other purpose.
(2) Pursuant to Civil Code Secfion 2318 inmate "special agents" are
specifically deprived of the authority to disobey instructions as described
in Civil Code Section 2320.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and Sections 2297, 2318, 2320 and 1798 et seq., Civil Code.
History
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. New subsections (e)-(e)(2) and Note filed 2-22-95; operative 3-24-95 (Regis-
ter 95, No. 8).
3. Amendment of subsection (a) and new subsections (b)(l)-(2) filed 5-3-2004;
operative 6-2-2004 (Register 2004, No. 19).
4. Amendment of subsection (b)(1) filed 6-9-2006; operative 7-9-2006 (Register
2006, No. 23).
§ 3041 .1 . Paid Inmate Work/Training Assignment Criteria.
(a) Inmate work/training supervisors, in accordance with section
3040(d), shall fill vacant paid inmate assignments based on the following
criteria:
(1) Skill level evidenced by the inmate's technical experfise, ability,
and knowledge.
(2) Behavior and relationships with others evidenced by the inmate's
ability to deal with staff and other authority figures, work/training super-
visors, and other inmates.
(3) Attitude and adaptability evidenced by the inmate's willingness to
learn and to take directions.
(4) Work/training habits evidenced by the inmate's punctuality, de-
pendability, care of equipment, and safety practices.
(5) Forinal education and training evidenced by the inmate's prepara-
tion for the assignment and ability to read, write, and speak effectively.
(6) Mission and physical plant of the instituUon/facility.
(7) Ethnic balance. Ethnic balance is achieved by having the facility's
White, Black, Hispanic, American Indian, and other identified ethnicities
in the inmate population proportionately represented in the number of
paid assignments at the facility.
(b) Each institution/facility shall establish an application process for
selection of skilled workers to fill paid positions.
(c) Inmates assigned to paid positions will be paid from the fund or al-
lotment of the institution's/facility's support budget.
(d) All paid work/training assignments shall be ranked in sequential
order of technical skill required. The United States Department of Labor
Dictionary of Occupational Titles (DOT) shall be used to maintain con-
sistency throughout the Department when determining skill levels.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New secfion filed 2-28-95; operadve 3-30-95 (Register 95, No. 9).
2. Amendment filed 5-3-2004; operative 6-2-2004 (Register 2004, No. 19).
§ 3041 .2. Inmate Pay Rates, Schedule and Exceptions.
(a) Pay rates at each facility for paid inmate assignments shall be com-
mensurate with the level of skill and productivity required and shall be
set with the assistance of the Institutional Inmate Pay Committee. Pay
rates shall be in accord with the Following general pay schedule adopted
and revised by the Director purusant to the Administrative Procedures
Act.
(b)(1) Pay Schedule
Skill Level
Level 1
Minimum/Maximum
Hourly
Minimum/Maximum
Monthly
Lead Person $0.32
Level 2
Special Skill $0.19
Level 3
Technician $0.15
Level 4
Semi-Skilled $0.11
Level 5
Laborer $0.08
DOT Skill Level 9
$0.37 $48 $56
DOT Skill Levels 7-8
$0.32 $29 $48
DOT Skill Levels 5-6
$0.24 $23 $36
DOT Skill Levels 3-4
$0.18 $17 $27
DOT Skill Levels 1-2
$0.13 $12 $20
(2) Monthly rates shall apply to full time employment in the job classi-
fications and shall be paid from the support budget or inmate welfare
funds. Hourly rates shall apply to half time and partial full time paid em-
ployment.
(b) Exceptions to the above schedule may be made in extraordinary
circumstances. A wage comparable to that paid to inmates in the Prison
Industry Authority inmate pay program may be paid for special projects
Page 120
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3043
or assignments that require a higli degree of skill or expertise. Other ex-
ceptions may also be made in order to fill positions when recruitment or
retention of inmate workers is a problem. Any exceptions based upon this
subsection shall require approval, review and justification on an annual
basis by the institution head or designee.
(c) Pay increases shall not be automatic or based on the inmate's lon-
gevity in an assignment. Increases or reductions in the pay rate shall be
based on the work/training supervisor's recommendation, the inmate's
work/training performance reports, subject to review and approval of the
work/training incentive coordinator and the inmate assignment author-
ity.
(d) Inmates may receive a pay increase only on a quarterly basis and
only until the maximum pay rate for that assignment is obtained.
(e) Inmate performance rating and total hours in job categories shall
be reviewed when changes in job classifications are being considered. In-
mates approved for advancement to a higher skill classification shall en-
ter the new classification at a pay grade equal or greater to their previous
pay grade in the lower skill, unless the new assignment is to a non-paid
position.
(f) The reason for any reduction in an inmate's pay rate, including ei-
ther removing the pay status or decreasing the pay level from an assigned
position or reassigning the inmate to a non-paid or lower paid position,
shall be documented in the inmate's central file as follows:
( 1 ) When the reason for a pay reduction is misconduct, including the
inmate's willful refusal or failure to work as directed, the matter shall be
reported in accordance with Sections 3314 and 3315 as appropriate.
(2) When the reason for a pay reduction is not the fault of the inmate,
including their inability to satisfactorily perform the required duties after
a reasonable effort to do so, the matter shall be documented on a CDC
General Chrono.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079,
2811 and 5054, Penal Code.
History
1. New section filed 2-28-95; operative 3-30-95 (Register 95, No. 9).
2. Amendment of section heading, section and NOTH filed 5-3-2004; operative
6-2-2004 (Register 2004, No. 19).
3. Change without regulatory effect amending subsection (e) filed 12-4-2006 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2006, No.
49).
§ 3041.3. Inmate/Parolee Access to Computers.
(a) Inmates shall not access any computer outside of their authorized
work, vocational, or educational assignment, except as authorized by the
department's information security officer (ISO).
(b) Inmates shall not access any computer connected to a local area
network (LAN), except as approved by the ISO; nor shall inmates access
any computer which has any type of direct, outside communication capa-
bility, except as provided in section 3370(b).
(c) Only those computer programs developed by inmates that are writ-
ten in a programming language approved by the ISO shall be authorized
for use.
( 1 ) The use of inmates as programmers and system experts shall be
prohibited where there is a risk to the information assets of the depart-
ment or the public, as determined by the institution head or the ISO. In-
mates shall not be used as programmers or system experts for departmen-
tal business applications, systems, and data.
(2) Inmates assigned to one computer for work, vocation or education
shall not be assigned to, or permitted to use, any other computer, except
as approved by the ISO.
(d) Area where inmates are authorized to work on computers shall be
posted as such. Each computer in a facility shall be labeled to indicate
whether or not inmate access is authorized.
(e) Inmates shall not access any computer that contains or is capable
of accessing, or is connected to, other computers containing sensitive or
confidential information, except as provided in section 3370(b).
(0 Inmates shall not use or be informed of any computer password.
Passwords shall be set only by the supervising staff.
(g) Inmates shall not have access to diskettes or any other electronic
storage media, except within an area approved by the institution head.
(h) Inmates shall not possess a computer as part of their personal prop-
erty.
(i) Inmates shall not access or use any computer-based tool or program
that is capable of destroying or corrupting stored data, except as provided
in sections 3041.3(m) and 3370(c).
(j) Inmates who have a record of computer fraud or abuse shall not
have access to a computer.
(k) No communication capabilities; e.g., telephone lines, data lines, or
telephone access punch panels, shall be permitted in any area where in-
mates are allowed to access computers, except as approved by the ISO.
(/) Inmates shall not directly access or alter any computer's operating
system, except as provided in sections 3041.3(m) and 3370(b), or autho-
rized by the ISO.
(m) Inmate refurbishing of computers shall be permitted only as part
of a program that has been approved, and subject to all requirements es-
tablished, by the institution head and ISO. An unclothed body search
shall be conducted on each inmate prior to their exiting any area where
a computer refurbishing program exists.
(n) Each parole office shall ensure the security of computers, LANs,
and modems or other communication devices used in that office from un-
authorized access by parolees. The Administrator of each parole office
shall be responsible for enforcement of this subsection.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 502, 502.7
and 2702, Penal Code.
History
1. New section filed 3-24-99; operative 4-23-99 (Register 99, No. 13).
2. Amendment of section heading and new subsection (n) filed 1-31-2002; opera-
tive 3-2-2002 (Register 2002, No. 5).
3. Change without regulatory effect amending subsection (b) filed 5-6-2003 pur-
suant to section 100, title 1, California Code of Regulations (Register 2003, No.
19).
Article 3.5. Credits
§ 3042. Credit for Participation.
History
1 . Repealer and new section filed 5-13-77; effective thirtieth day thereafter (Reg-
ister 77, No. 20).
2. Amendment filed 6-30-77 as an emergency; effective upon filing (Register 77,
No. 27).
3. Amendment filed 9-29-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 40).
4. Change without regulatory effect repealing section 3042 pursuant to section
100, Title 1, California Code of Regulations (Register 88, No. 38).
5. Editorial correction to replace section in proper sequence (Register 91 , No. 14).
§ 3043. Credit Earning.
Presentence. Credit for time served on a term prior to sentencing shall
be awarded by the sentencing court pursuant to sections 2900. 1 , 2900.5
and 4019 of the Penal Code.
(a) Behavior. All inmates serving a determinate term of imprisonment
for a crime committed before January 1, 1983, who have not waived the
time credit provisions of Penal Code section 2931, shall be credited with
a one-fourth reduction on their term of imprisonment, unless all or part
of such good behavior credit is denied or forfeited as the result of disci-
plinary action in the amounts listed in section 3323. Such credit shall be
calculated from July 1 , 1977 or the date of reception by the department,
whichever is later.
(1) Except where otherwise prohibited by law, inmates sentenced un-
der Penal Code section 190 to an indeterminate term of 15 years-to-life
or 25 years-to-life and received by the department on or after May 27,
1987 shall be credited with a one-fourth reduction on their minimum eli-
gible parole date, unless all or part of such good behavior credit is denied
or forfeited as the result of disciplinary action in the amounts listed in sec-
tion 3323.
(b) Participation. All inmates described in subsection (a) shall be cred-
ited with a one-twelfth reduction on their term unless all or part of such
participation credit has been denied or forfeited as the result of disciplin-
ary action for failure or refusal to participate and perform work and/or
program assignments as ordered or directed.
(c) Work time.
Page 121
Register 2006, No. 49; 12-8-2006
§ 3043.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) Inmates who have received involuntary civil commitment for nar-
cotic addiction for an offense perpetrated on or after January 1 , 1983 are
not entitled to credits for good behavior or participation. Good time/parti-
cipation credits shall not be calculated for new commitments received on
or after August 31,1 995. Time shall be calculated in accordance with the
entire sentence imposed by the court including any presentence or post-
sentence credits which have been granted.
(2) Civil Addict Commitments received prior to August 31 , 1995 who
are confined at California Rehabilitation Center (CRC) or a branch of
CRC and are within 90 days of reaching their Custody Expiration Date
(CED) which precedes their Program Expiration Date (FED); outpatients
who are returned to CRC or a branch of CRC; and outpatient violators
received prior to August 31, 1995 who have not previously elected to
continue participation in the Civil Addict program shall be given two op-
tions:
(A) Remain in the Civil Addict Program, or
(B) Request exclusion from the Civil Addict Program and referral to
the committing court for the vacating of Civil Addict Commitment and
further proceedings on the criminal charges.
(3) The inmate's choice shall be indicated and signed utilizing the
CDC Form 1840 (Rev. 12/95).
(4) Except where otherwise prohibited by law, inmates serving a deter-
minate term of imprisonment for a crime committed on or after January
1, 1983, or who have waived their right to behavior and participation
credits as provided in Penal Code section 2934, may earn a reduction in
their term of imprisonment from the date of reception by the department
or effective date of the waiver. Such credit reduction may be earned for
participation in work, educational or vocational training assignments.
(5) Case records staff shall process and calculate inmate time credits
and release dates based upon information provided by the courts and pro-
gram staff.
(A) Any classification or inmate appeal action affecting an inmate's
release date, including a change in work group status or credit forfeitures
and restorations, shall be forwarded to case records staff. Inmates shall
be provided a copy of any change in their release dates.
(B) Case records staff shall compute worktime credits. The resultant
new legal status summary (LSS) shall be forwarded to the inmate. The
inmate shall sign a receipt for each LSS provided.
(d) Life-term inmates.
(1) Pursuant to PC section 2933, worktime credits shall be applied to
reduce the minimum terms of life inmates sentenced only under PC sec-
tions 191.5(d), 217.1(b), 667.51(d), 667.7(a)(1) and PC 667.75.
(2) Inmates sentenced to life terms with determinate sentence law
(DSL) enhancements or with a consecutive DSL term shall, except where
otherwise prohibited by law, be eligible to receive worktime credits on
such terms pursuant to PC section 2933.
(e) Jail confinement. A reentry inmate who is confined in a local jail
pending an investigation or disciplinary action, shall be classified and
placed in an appropriate work group pursuant to section 3045. 1.
(f) Return from work furlough. An inmate returned to an institution
due to disciplinary action or refusal to participate in assigned work, edu-
cation or vocational assignment shall be placed in work/training group
A-2, one-third credit earning, or to group C (non-credit earning) by a
re-entry classification committee.
(g) Credits for interstate transfer inmates. The Western Interstate
Corrections Compact and the Interstate Corrections Compact Agreement
enable the Department to transfer and exchange prisoners with other
states.
(1) Inmates who agree to serve their term in another state or a federal
institution, or who are serving a concurrent term in another jurisdiction,
shall be eligible to earn worktime credits as authorized under the provi-
sions of Penal Code section 2933.
(2) Before such credit can be awarded, the inmate's work/program
participation must be verified by a delegated official of the host institu-
tion and reported to the department.
(h) Heroic acts and exceptional assistance. Up to 12 months reduction
of sentence may be awarded for the following acts:
(1) Acts preventing loss of life or injury to the public, staff, or other
inmates.
(2) Acts preventing significant loss or destruction of property.
(3) Providing sworn testimony in judicial proceedings involving
prosecution of a felony offense which occurred within the prison.
NOTE; Authority cited: Sections 2700 and 5058. Penal Code. Reference: Sections
293 1, 2933, 2935. 5054, 6260, 111 89 and 1 1 190, Penal Code; Section 3201, Wel-
fare and histitutions Code; In re Moiiii^old, 205 Cal. App. 3d 1224, and People v.
Jones, 44 Cal.Rplr.2d 164 (Cal. 1995).
History
1 . Change without regulatory effect amending subsections (a) , (c) ( 1 ) and NoTi-
pursuant to section 100, title 1, California Code of Regulations filed 12-28-89
(Register 90, No. 1 ). For prior history, see Register 88, No. 50.
2. Amendment of subsection (c) and redesignated subsection (e), new subsection
(d) and subsection renumbering filed 12-20-91 as an emergency; operative
12-20-91 (Register 92. No. 4). A Certificate ofCompliance must be transmitted
to OAL 4-20-92 or emergency language will be repealed by operation of law
on the following day.
3. Editorial conection of printing errors (Register 92, No. 4).
4. Certificate of Compliance as to 12-20-91 order including amendment of sub-
section (d)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No.
24).
5. Editorial correction of subsection (c)(2)(A) (Register 95, No. 42).
6. New subsections (c)(l)-(3) and sub.section renumbering, and amendment of
Note filed 2-20-96 as an emergency; operative 2-20-96 (Register 96. No. 8).
A Certificate of Compliance must be transmitted to OAL by 7-29-96 pursuant
to Penal Code Section 5058(e) or emergency language will be repealed by oper-
ation of law on the following day.
7. Certificate of Compliance as to 2-20-96 order transmitted to OAL 6-1 7-96 and
filed 7-23-96 (Register 96, No. 30).
8. Amendment of subsections (a)(1). (c)(4), (c)(5), (c)(5)(B), (d)(1), (g) and (g)(1)
filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§3043.L Waiver.
(a) Inmates serving a determinate term of imprisonment may waive the
right to receive behavior and participation credit and thereafter be eligi-
ble to earn worktime credits in the amounts provided for in section 3043
(c).
( 1 ) Inmates serving an indeterminate term of imprisonment of 1 5
years-to-life, or 25 years-to-life shall not be entitled to waive their right
to behavior and participation credits to earn Penal Code section 2933
worktime credits to reduce their minimum ehgible parole dates.
(2) Inmates sentenced under Penal Code section 190 to an indetermi-
nate term of imprisonment of 1 5 years-to-life or 25 years-to-life re-
ceived by the department prior to May 27, 1987, who waived their right
to behavior and participation credits shall not be entitled to earn Penal
Code section 2933 worktime credits after February 15, 1989 to reduce
their minimum eligible parole date.
(b) All credit attributable to the portion of the inmate's sentence served
prior to the effective date of the waiver shall be retained by the inmate
unless such credit has been forfeited for a disciplinary offense. This cred-
it includes all presentence custody and good behavior credit; credit
granted under Penal Code Section 4019; post-sentence credit; actual
days in custody from date of reception and behavior and participation
credit attributable to that actual custody.
(c) Eligible inmates wishing to receive worktime credits pursuant to
PC section 2933 shall present a signed time credit waiver form to their
caseworker who shall:
( 1 ) Verify the qualifying program.
(2) Enter the effective date of the waiver upon the credit waiver form.
(3) Forward the form to the facility's records office for placement into
the inmate's central file.
(d) The credit waiver shall be effective on January 1, 1983 if signed on
or prior to that date. If signed at a later date, such waiver shall be effective
on the date the inmate' s assignment to a credit qualifying program is veri-
fied. In instances where any inmate serving a sentence prior to January
1 , 1983 was not provided with an opportunity to sign a credit waiver, the
waiver shall be effective on the date the inmate would otherwise have
been eligible because of a qualifying work/training assignment. Ac-
cepted waivers shall be irrevocable.
Page 122
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3043.3
(e) A waiver shall not be accepted from an inmate within 30 days of
their release date or if the waiver is retroactive and recomputation of sen-
tence credits would make the inmate overdue for release, or if granting
the credit waiver will prevent notification to local law enforcement offi-
cials of the release of inmates described in Section 3327(c)(2) in the
43-day time frame required by law.
NOTli: Authority cited: Section 5058, Penal Code. Reference: Sections 273a,
273ab, 273d, 667.5, 832.5. 2934, 3058.6, 3058.9 and 5054. Penal Code.
History
1 . Cenil'icate of Compliance including amendments transmitted to OAL, 3-22-83
and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (c) and new subsection (d) filed 8-7-87 as an emer-
gency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance
must be transmitted to OAL within 1 20 days or emergency language will be re-
pealed 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 83, No. 16).
4. Amendment of subsection (c) and new subsection (d) filed 1-4-88 as an emer-
gency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be re-
pealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
6. Amendment of subsection (c) and new subsection (d) filed 6-2-88 as an emer-
gency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance
must be transmitted to OAL within 120 days or emergency language will be re-
pealed on 9-30-88.
7. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
8. Change without regulatory effect of subsecfion (a) pursuant to section 100, title
1, California Code^'of Regulations filed 12-28-89 (Register 90, No. 1 ) .
9. New subsection (c), amendment of redesignated (d) and subsection renumber-
ing filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4).
A Certificate of Compliance must be transmitted to OAL 4-2(>^92 or emergen-
cy language will be repealed by operation of law on the following day.
10. Editorial correction of printing errors (Register 92, No. 4).
1 1 . Certificate of Compliance as to 1 2-20-9 1 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
12. Amendment of subsection (e) and Note filed 5-22-2006; operative
5-22-2006 pursuant to Government Code section 1 1343.4 (Register 2006, No.
21).
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC FORM 916 (REV 7/88)
TIME CREDIT WAIVER (PC 2934)
I (print name)
having been committed for an offense which occurred prior to January
1 , 1 983, understand that conduct credit is granted to me pursuant to Penal
Code section 293 1 . 1 am aware that under Penal Code section 293 1 my
term is reduced by one-third for good behavior and participation. Such
credit reduction is granted at the time of reception into the Department
of Corrections and can be taken away only for a disciplinary offense or
for failure to participate in assigned activities. (CCR 3043.1)
I hereby waive my rights to the provisions of Penal Code section 293 1 .
By making this voluntary waiver, I request that future Time Credit be
granted pursuant to Penal Code section 2933. Such credit must be earned
and will be awarded only after it is earned. This waiver will be effective
only when accepted by the Department. I am also aware that this waiver
is irrevocable. (CCR 3043.1)
I am aware and understand that Time Credit will be granted, based
upon my actual performance in the work group to which I am assigned,
as follows: (CCR 3043.1)
Full-Day Assignment: For each six months of full time assignment,
six months credit or one day credit for each day assigned for a lesser peri-
od. (CCR 3044)
Half-Day Assignment: For each six months of one-half day assign-
ment or enrollment in a two or four-year college program leading to a
degree, three months credit, or one day for each two days assigned for a
lesser period. (CCR 3044)
Involuntary Unassigned: For each six months on a waiting list, three
months credit or one day credit for each two days on a waiting list for a
lesser period. See CCR 3044 for additional information. (CCR 3044)
Voluntarily Unassigned: Zero credit will be earned if I refuse to accept
or perform a full-time assignment. (CCR 3044)
Segregation Following A Disciplinary Infraction: When I am in lock-
up status due to a disciplinary infraction, zero credit will be earned for a
period equal to the number of days of any disciplinary credit loss, this
may be extended in six month increments thereafter. (CCR 3044)
I am aware that my credit earning status may be changed by a classifi-
cation committee action at any time. I am aware that I may be placed in
zero credit earning status due to a work/training disciplinary and/or un-
satisfactory work performance. (CCR 3044)
I am aware and agree that the penalties for a disciplinary offense com-
mitted by me have been increased, as follows:
Up to 360 days of credit may be denied or lost for a single act of mis-
conduct as provided in Section (CCR 3323(c)), whether or not prosecu-
tion is undertaken.
Up to 180 days of credit may be denied or lost for a single act of mis-
conduct as provided in Section (CCR 3323 (d) (e) (f) (g) (h)), whether or
not prosecution is undertaken.
Up to 30 days of credit may be denied or lost for a single act of miscon-
duct defined by regulations as a serious disciplinary offense by the De-
partment of Corrections. (CCR 3323(i))
SIGNED:
CDC NUMBER:
DATE:
WITNESSED (SIGNATURE):
TITLE:
DATE:
WITNESS' NAME (PRINT/TYPE):
This waiver is accepted by the Department of Corrections and is effective
DATE:
§ 3043.2. Loss of Participation Credit.
(a) Any inmate who accumulates participation credit as described in
Section 3043(b) may be denied or may forfeit such credit for failure or
refusal to perform assigned, ordered, or directed work or program activi-
ties, as described in section 3040. Any serious disciplinary offense com-
mitted while participating in such prison work or program activities shall
be deemed a failure to participate.
(b) Not more than 30 days of participation credit may be denied or for-
feited for any single failure or refusal to participate which occurred on or
after January 1, 1983.
(c) Failure to work or participate in program activities for reasons
which are beyond the inmate' s control shall not be cause for denial or for-
feiture of participation credit. Such circumstances may include but are
not limited to:
( 1 ) The inmate has not been given instructions or an order or an assign-
ment to perform or participate in work or program activities.
(2) The inmate's work or program assignment has been temporarily
suspended or permanently terminated, and no other work or program as-
signment has been ordered.
(3) The inmate is medically excluded or restricted from work or pro-
gram activities, either on a temporary basis because of illness or injury,
or on a permanent basis because of medically diagnosed physical or men-
tal inability to participate.
(4) The inmate has failed to perform or participate after demonstrating
a reasonable effort in the specified activity.
(5) The inmate is restricted from reporting to or participating in an as-
signed work or program activity by an order or action of institution staff.
NOTE: Authority cited: Sections 2931 and 5058, Penal Code. Reference: Sections
2931 and 5054, Penal Code.
History
1. Certificate of Compliance including amendments transmitted to OAL 3 22-83
and filed 4-27-83 (Register 83, No. 18).
§ 3043.3. Loss of Behavior or Worktime Credit.
(a) As used in these regulations, "forfeiture" of credits means loss of
credits previously earned or to be earned. Behavior or worktime credit
may be denied or forfeited for the commission of any felony or misde-
meanor, whether prosecuted or not, serious rule violation committed af-
ter January 1, 1983, or court judgment pursuant to Penal Code Section
2932.5.
Page 123
Register 2006, No. 49; 12-8-2006
§ 3043.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) Not more than 360 days of credit shall be denied or forfeited for any
act specified as a division A-1 offense in section 3323(c), of these regula-
tions.
(2) Not more than 1 80 days shall be denied or forfeited for any act spe-
cified as a division A-2 offense in section 3323(d) of these regulations
or for any other felony not cited in subsection (a) (1).
(3) Not more than 90 days shall be denied or forfeited for commission
of any misdemeanor.
(4) Not more than 30 days shall be denied or forfeited for any single
act described as a serious rule violation in these regulations, unless such
act is a misdemeanor or felony offense.
(5) An inmate found by a court to be a vexatious litigant as defined in
Section 3000 shall be denied or lose 30 days of worktime credit.
(b) No behavior credit attributable to any portion of a sentence served
prior to January 1 , 1 983 shall be forfeited for any criminal or disciplinary
offense occurring on or after January 1, 1983.
(c) Credit loss shall be assessed in accordance with the schedule pro-
vided in section 3323. The inmate shall be notified of the change in his
or her anticipated release date due to the denial or forfeiture of credits.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932,
2932.5 and 5054, Penal Code.
History
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83
and filed 4-27-83 (Register 83, No. 18).
2. Amendment of subsection (a) filed 8-7-87 as an emergency; operative 8-7-87
(Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12^-87; dis-
approved by OAL (Register 88, No. 16).
4. Amendment of subsection (a) filed 1-4-88 as an emergency; operative 1-4-88
(Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
6. Amendment of subsection (a) filed 6-2-88 as an emergency; operative 6-2-88
(Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
8. Editorial coiTecfion of prindng error in History 1. (Register 92, No. 5).
9. AiTiendment of subsection (a), new subsection (a)(5) and amendment of Note
filed 1 1-12-97 as an emergency; operative 1 1-12-97 (Register 97, No. 46). A
Certificate of Compliance must be transmitted to OAL by 3-1 3-98 or emergen-
cy language will be repealed by operation of law on the following day.
10. Editorial correction of History 9 (Register 98, No. 18).
1 1 . Amendment of subsection (a), new subsecfion (a)(5) and amendment of Note
refiled 4-29-98 as an emergency; operative 4-29-98 (Register 98, No. 18). A
Certificate of Compliance must be transmitted to OAL by 10-6-98 or emergen-
cy language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 4-29-98 order transmitted to OAL 6-12-98
and filed 7-21-98 (Register 98, No. 30).
13. Amendment of subsection (a)(4) filed 6-9-2006; operative 7-9-2006 (Regis-
ter 2006, No. 23).
§ 3043.4. Non-Credit Earning.
An inmate eligible to earn worktime credit who refuses a full-time
qualifying assignment, or is placed on non-credit earning status (Work
Group C) by a classification committee for frequent work/training viola-
tions, shall not receive a worktime credit reduction from their sentence
until the inmate agrees to accept a qualifying assignment.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 2931,
2932, 2933, 5054 and 5068, Penal Code.
History
1. Certificate of Compliance including amendments transmitted to OAL 3-22-83
and filed 4-27-83 (Register 83, No. 18).
2. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative 1^1-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88; operative 10-26-88
(Register 88, No. 50).
8. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3043.5. Credit Earning Special Assignments.
(a) Special assignments include:
(1) Inmate advisory council. The positions of chairperson and secre-
tary of an institution's inmate advisory council may be full-time posi-
tions in Work Group A- 1 .
(2) Prerelease prograin. Assignment to an approved full time pre-re-
lease program shall qualify as full time assignment in Work Group A-J -
(3) Bridging Education Program. Assignment to an approved Bridg-
ing Education Program as described in section 3040.2, shall qualify as a
full-time assigninent in Work Group A-1.
(b) Medical/psychiatric inpatient hospitalization (29 calendar days or
less). Inmates determined by medical/psychiatric staff to need short-
term inpatient care shall retain their existing credit earning category. In-
mates requiring longer periods of inpatient care shall be referred by the
attending physician/psychiatrist to a classification committee. The clas-
sification committee shall confirm the initiate's unassigned inpatient
category and change the inmate's work/training group status as follows:
(1) General population inmates shall be placed in Work Group A-2,
effective the thirtieth day of unassignment.
(2) Segregation inmates who are in Work Group A-1 or B shall be
placed in Work Group D-1, effective the first day of placement into Ad-
ministrative Segregation.
(3) Segregation inmates in Work Group D-1 or D-2 shall retain their
Work Group status.
(c) Long term medical/psychiatric unassigned status. In cases where
the health condition necessitates that the inmate becomes medically un-
assigned for 30 calendar days or more, the physician shall specify an an-
ticipated date the inmate may return to work. The classification commit-
tee shall review the inmate's medical or psychiatric unassigned status
and change the inmate's Work Group status as follows:
(1) An inmate in the general population shaU be changed to Work
Group A-2, involuntary unassigned, to be effective the thirtieth day of
unassignment.
(2) An inmate in a lockup unit who is in Work Group A-1 or B shall
be changed to Work Group D-1 to be effective the first day of placement
into Administrative Segregation.
(3) An inmate in a lockup unit who is in Work group D-1 or D-2 shall
be retained in their respective Work Group.
(d) Medical/psychiatric health care status determination:
( 1 ) When an inmate has a disability that limits his/her ability to partici-
pate in a work, academic, vocational or other such program, medical/psy-
chiatric staff shall document the nature, severity, and expected duration
of the inmate's limitations on a CDC Form 128-C (Rev. 4/92), Chrono-
Medical, Psych, Dental. The medical/psychiatric staff shall not make
program assignment recommendations or decisions on the form. The
CDC Form 128-C shall then be forwarded to the inmate's assigned
correctional counselor who will schedule the inmate for a classification
committee review. The classification committee shall have the sole re-
sponsibility for making program assignment and work group status deci-
sions. Based on the information of the CDC Form 128-C and working
in conjunction with staff from the affected work area, academic/voca-
tional program, and the Inmate Assignment Lieutenant or Work Incen-
tive Coordinator, the classification committee shall evaluate the inmate' s
ability to participate in work, academic, vocational, or other programs
and make a determination of the inmate's program assignment and work
group status.
(2) Only when the inmate's documented limitations are sucli that the
inmate, even with reasonable accommodation, is unable to perform the
essential functions of any work, academic, vocational or other such pro-
gram, will the inmate be placed in one of the two following categories by
a classification committee:
(A) Temporary medical/psychiatric unassignment. Except as pro-
vided in section 3043.5(e)(2)(A), when a disabled inmate is unable to
Page 124
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3043.6
•
•
participate in any work, academic, vocational or otiier program, even
with reasonable accommodation, because of a medically determinable
physical or mental impairment that is expected to last for less than six
months, the classification committee shall place the inmate on temporary
medical/psychiatric unassignment. Inmates on temporary medical/psy-
chiatric unassignment status shall be scheduled for classification review
any time there is a change in his/her physical/mental impairment or no
less than every six months for reevaluation. The credit earning status of
an inmate on temporary medical/psychiatric unassignment for less than
six months shall be in accordance with section 3044(b)(3), Work Group
A-2. If the inmate's condition lasts six months and the classification
committee still cannot assign the inmate due to his/her impairment, the
credit earning status shall be changed to be in accordance with section
3044(b)(2), Work Group A-1 and appropriate privilege group retroac-
tive to the first day of the temporary medical/psychiatric unassignment.
(B) Medically disabled. When an inmate is unable to participate in any
assigned work, academic, vocational, or other such program activity,
even with reasonable accommodation, because of a medically determin-
able physical or mental impairment that is expected to result in death or
last six months or more, the classification committee shall place the in-
mate on medically disabled status. The inmate credit earning status shall
be in accordance with section 3044(b)(2), Work Group A-1 and Privi-
lege Group A.
(e) Medical/psychiatric special assignments:
( 1 ) Light duty: Inmates determined to have long-term medical or psy-
chiatric work limitations shall be processed in the following manner:
(A) A medical or psychiatric evaluation of the inmate shall be made
to determine the extent of disability and to delineate capacity to perform
work and training programs for either a full or partial workday. If the in-
mate is deemed capable of only a partial work program, full credit shall
be awarded for participation in such a program.
(B) A classification committee shall review the evaluation and, deter-
mine the inmate's assignment.
1 . A committee concurring with an evaluation's light duty recommen-
dation shall refer the matter to the facility's assignment office which shall
attempt to provide an assignment within the inmate's capabilities. In-
mates assigned to such light duty shall be scheduled for semi-annual re-
view.
2. A committee disagreeing with an evaluation' s light duty recommen-
dation shall refer the matter back to the medical department, describing
the difference of opinion or rationale for requesting a second medical
evaluation. If the committee disagrees with the second medical evalua-
tion it shall refer the matter to the institution classification committee for
final determination.
(2) Short-term medical/psychiatric lay-in or unassignment. Inmates
who are ill or otherwise require a medical/psychiatric lay-in or unassign-
ment for 29 days or less shall be processed in the following manner:
(A) Only designated medical/psychiatric staff are authorized to ap-
prove such lay-ins and unassignments. Reasons for the approval and the
expected date of return to their regular assignment shall be documented
by the medical/psychiatric staff making the decision.
(B) Inmates shall notify their work or training supervisor of their lay-
in or unassignment status. The work or training supervisor shall record
each day of the inmate's approved absence as an "E".
(C) Medical/psychiatric staff determining an inmate should continue
on lay-in or unassigned status for more than 29 days shall refer the case
to a classification committee.
(D) The inmate shall continue to use ETO time while on short-term
medical/psychiatric lay-in or unassigned status.
(0 On-the-job injuries. The chief medical officer shall document in-
mate injuries occurring on the job. With the exception of inmates as-
signed to Work Group F, such injured inmates shall retain their existing
work group status until medically approved to return to their work assign-
ment. Inmates assigned to Work Group F shall revert to Work Group A-1
effective on the date the chief medical officer determines the on-the-job
injury excludes the inmate from conservation camp placement providing
the chief medical officer's exclusion determination is within 29 days fol-
lowing the date of the inmate's removal from the conservation camp as-
signment. If the chief medical officer's exclusion determination is not
within 29 days following the date of the inmate's removal from the con-
servation camp assignment, the inmate shall revert to Work Group A-1
effective the 30th day following the date of the inmate's removal from
the conservation camp assignment.
(g) Medical or psychiatric treatment categories "H", "I", and "N". An
inmate assigned to category "H", "T", or "N" is not capable of performing
a work or training assignment and shall, except where otherwise prohib-
ited by law, be placed in Work Group A-1 .
(h) Department of Mental Health (DMH) Penal Code (PC) sections
1364, 2684 and 2690 placements. An inmate transferred to DMH pur-
suant to PC sections 1 364, 2684 or 2690 shall be placed in a work group
as provided in section 3043.6(b).
NOTE: Authority cited: Section 5038, Penal Code. Reference: Sections 2933,
2933.3, 5054 and 5068, Penal Code.
History
1 . New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 1 2-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
7. Amendment of subsection (b), repealer of subsection (c)(4), and new subsec-
tions (d)-(g) filed 12-20-91 as an emergency; operafive 12-20-91 (Regi.ster
92, No. 4). A Certificate of Compliance must be transmitted to OAL 4-2&-92
or emergency language will be repealed by operation of law on the following
day.
8. Editorial correction of subsection (a)(2) (Register 92, No. 4).
9. Certificate of Compliance as to 12-20-91 order including amendment of sub-
section (f) transinitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No.
24).
10. Amendment of subsecfion (c) filed 2-17-95 as an emergency; operative
3-1-95 (Register 95, No. 9). This regulatory action was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect for 1 60 days.
A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emer-
gency language will be repealed by operation of law on the following day.
1 1 . Amendment of subsection (c) refiled 8-7-95 as an emergency; operative
8-7-95 (Register 95, No. 32). This regulatory action was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect for 160 days.
A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emer-
gency language will be repealed by operation of law on the following day.
12. Reinstatement of secfion as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(0 (Register 96,
No. 8).
13. Amendment of subsection (c) filed 2-21-96 as an emergency; operative
2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted
to OAL by 6-20-96 or emergency language will be repealed by operation of law
on the following day.
14. Certificate of Compliance as to 2-21-96 order transmitted to OAL 6-18-96
and filed 7-9-96 (Register 96, No. 28).
15. Amendment of subsection (e) and amendment of Note filed 10-23-2003 as
an emergency; operative 10-23-2003 (Register 2003, No. 43). Pursuant to Pe-
nal Code secfion 5058.3, a Certificate of Compliance must be transmitted to
OAL by 4-1-2004 or emergency language will be repealed by operation of law
on the following day.
16. Certificate of Compliance as to 10-23-2003 order transmitted to OAL
3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
17. Amendment of subsection (a)(1) filed 5-3-2004; operative 6-2-2004 (Regis-
ter 2004, No. 19).
18. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3043.6. Impact of Transfer on Credit Earning.
(a) Non-adverse transfers.
(1) A non-adverse transfer is movement of an inmate to a less restric-
tive institution or program where the security level is the same or lower,
movement to a secure perimeter from a non-secure camp or Level 1
(Minimum Support Facility) setting by order of the prison administration
for non-adverse reasons or transfers from reception centers.
Page 125
Register 2006, No. 49; 12-8-2006
§ 3043.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) With the exception of inmates assigned to Work Group F, an in-
mate transferred for non-adverse reasons shall retain their work/training
and privilege group status. Inmates assigned to Work Group F shall re-
vert to Work Group A-1 effective the date removed from camp assign-
ment.
(3) An inmate in a vocational/training program at the sending institu-
tion shall be assigned the same or similar program, if eligible, at the re-
ceiving institution unless the program has no vacancy, or the program is
unavailable. If the receiving institution's program is full or unavailable,
the inmate shall be placed on any existing waiting list. If eligible, inmates
on waiting lists at sending institutions shall be merged into the receiving
institution's waiting list based on credit earning status, release date, and
the length of time they have spent on the sending institution's waiting list.
Inmates who are day-for-day eligible per Penal Code section 2933 shall
be given priority for assignment. Inmates shall be merged into the receiv-
ing institution's waiting list in the following manner:
(A) First, those inmates who are day-for-day credit eligible, approved
for the program and are not assigned. Work Group A-2. Inmates eligible
to earn credits per Penal Code section 2933 shall be given priority for
placement on waiting lists and the inmate with the earliest release date
shall be given first priority.
(B) Second, inmates who are day-for-day credit eligible and are al-
ready designated Work Group A-1. Inmates eligible to earn credits per
Penal Code section 2933 shall be given next priority for placement on
waiting lists and the inmate with the earliest release date shall be given
first priority.
(C) Third, those inmates who are not Penal Code section 2933 day-
for-day credit eligible and are already designated Work Group A-1 . In-
mates will be placed on waiting lists based upon the work group effective
date.
(D) Fourth, those inmates who are not Penal Code section 2933 day-
for-day credit eligible and are not assigned. Work Group A-2. Inmates
will be placed on waiting lists based upon the work group effective date.
(b) Transfers to Department of Mental Health (DMH).
( 1 ) Penal Code (PC) sections 2684 and 2690 transfers. An inmate
transferred to the DMH pursuant to PC sections 2684 and 2690 is not ca-
pable of performing a work or training assignment. Such an inmate shall
be classified by the sending facility before the transfer and placed in
Work Group A-1.
(2) Penal Code section 1364 transfers. An inmate transferred to DMH
to participate in the voluntary experimental treatment program pursuant
to Penal Code section 1364 shall participate in a full-time credit qualify-
ing work/training assignment in order to earn full worktime credit.
(c) Adverse transfers.
( 1 ) Adverse transfers are defined as a transfer resulting from any in-
custody documented misbehavior or disciplinary that may or may not
have resulted in an inmate's removal from current program.
(2) If an inmate is removed from a program for adverse reasons and
is subsequently exonerated of the charges, the credit earning status shall
be designated as though the inmate had not been removed from the as-
signment.
(3) Effective on the date of transfer an inmate in Work Group A-1 or
F who receives an adverse transfer shall be reclassified to Work Group
A-2 by the sending institution. The inmate shall remain in Work Group
A-2 until reclassified by the receiving institution.
(4) An inmate in Work Group A-2, C or D at the time of transfer shall
be retained in that group status until reclassified at the receiving institu-
tion.
(d) Reception center or layover status.
(1) Inmates being processed in reception centers, not on layover (en
route) status, who are eligible to earn day-for-day credit per Penal Code
section 2933, are eligible to be assigned to a full-time Bridging Educa-
tion work/training program.
(2) Inmates being processed in reception centers, who are ineligible to
earn day-for-day credits per Penal Code section 2933, can be assigned
to half-time work/training programs. Inmates on layover (en route) sta-
tus in any institution shall only be assigned to half-time work/training
programs. Exception to this policy requires approval from the director,
division of adult institutions.
(3) An inmate's participation in a full or half-time assignment while
undergoing reception center processing shall be recorded on timekeep-
ing logs. Tlie inmate's timekeeping log shall be completed by the work
supervisor on a daily basis. A copy shall be issued to the inmate upon
written request.
(e) Special housing unit transfers.
( 1 ) Inmates found guilty of a credit loss offense which could result in
a security housing unit (SHU) determinate term shall be evaluated for
SHU assignment by a classification committee.
(2) If SHU assignment is recommended, the committee shall place the
inmate in Work Group D-2 effective the date that the inmate was admin-
istratively segregated for the instant offense.
(f) Community Correctional Center (CCC) transfers. Transfers of in-
mates approved for a CCC program are considered non-adverse. With
the exception of inmates assigned to Work Group F, inmates shall retain
their current work group status while en route to a program. Inmates as-
signed to Work Group F shall revert to Work Group A-1 effective the
date removed from the camp assignment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1364,
2684, 2690. 2933, 2933.3, 5054 and 5068, Penal Code.
History
1 . New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12^-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
7. New subsection (a)(4), amendment of subsection (b)(1) and new subsections
(e)-(f) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No.
4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of sub-
section (b)( 1 ) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No.
24).
9. Change without regulatory effect amending subsection (c)(1) filed 2-5-97 pur-
suant to section 100, title 1, California Code of Regulations (Register 97, No.
6).
10. Amendment of section and Note filed 10-23-2003 as an emergency; opera-
tive 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code secfion
5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004
or emergency language will be repealed by operation of law on the following
day.
11. Certificate of Compliance as to 10-23-2003 order transmitted to OAL
3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3043.7. Impact of 45-Day Notification on Credit
Earnings.
Inmates shall not be placed in a greater credit earning category if it pre-
vents notification to local law enforcement officials of the release of in-
mates described in Section 3327(c)(2) in the 45-day time frame, as re-
quired by Penal Code Sections 3058.6 and 3058.9.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfions 3058.6,
3058.9 and 5054, Penal Code.
History
1. New section filed 5-22-2006; operative 5-22-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 21).
§ 3044. Inmate Work and Training Incentive Groups.
(a) Full-time and half-time defined.
(1) Full-time work/training assignments normally mean eight (8)
hours per day on a five day per week basis, exclusive of meals.
Page 126
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3044
(2) Half-time work/training assignments normally mean four (4)
hours per day on a five day per week basis, exclusive of meals.
(b) Consistent with the provisions of sections 3375 and 3040.2(d) of
these regulations, all assignments or reassignments of an inmate to a
work/training incentive group shall be by a classification committee ac-
tion in accordance with this section.
( 1 ) Work Group F: Full-time conservation camp work assignment. In-
mates eligible to earn day-for-day worktime credits under Penal Code
section 2933 shall be awarded two days credit for each day of qualifying
performance. An inmate' s ability to earn two-for-one credit shall not be-
gin until he/she is assigned and reports to an established position in the
conservation camp setting. Conservation camp inmates eligible for two-
for-one credit, as defined in this section, may be eligible for Work Group
F credit during temporary removals from the conservation camp setting.
Inmates who become ineligible for continued conservation camp place-
ment for any reason shall be removed from Work Group F and assigned
to an appropriate Work Group consistent with the remaining provisions
of this section.
(2) Work Group A-1: Full-time work/training assignment. Inmates
eligible to earn Penal Code section 2933 worktime credits shall be
awarded one day credit for each day assigned to this work group. The
work day shall not be less than 6.5 hours and the work week no less than
32 hours. Those programs requiring an inmate to participate during other
than the normal schedule of eight-hours-per-day, five-days-per-week
(e.g., 10-hours-per-day, four-days-per-week) or programs that are
scheduled for seven-days-per-week, requiring inmate attendance in
shifts (e.g., three days of 10 hours and one day of five hours) shall be des-
ignated as "special assignments" and require departmental approval
prior to implementation. A CDC Form 128-B or E chrono shall be placed
in the inmate's central file stating the hours of participation required for
full-time sentence reduction credits. "Special assignment" shall be en-
tered on the inmate's timekeeping log by the staff supervisor.
(A) Full-time educational and training program. Elementary school,
high school, and vocational training programs require the same mini-
mum hourly participation as the full-time work assignment.
(B) Combination programs qualifying as full-time. Any combination
of half-time work, school or training program resulting in full-time as-
signment requires the same minimum participation as a regular full-time
work assignment. Each combination half-time assignment requires the
same minimum participation as a half-time work assignment.
(C) A full-time college program may be combined with a half-time
work or vocational training program equating to a full-time assignment.
The college program shall consist of 12 units in credit courses only lead-
ing to an associate degree in two years or a bachelor's degree in four
years.
(D) A full-time Bridging Education Program requiring the same mini-
mum participation as a regular full-time work/training assignment. Par-
ticipation will be evaluated on course curriculum, instructor evaluation,
and completed assignments.
(E) An inmate diagnosed by a physician and/or psychiatrist as totally
disabled and therefore incapable of performing a work/training assign-
ment, shall remain in Work Group A- 1 throughout the duration of their
total disability.
(F) An inmate when diagnosed by a physician and/or psychiatrist as
partially disabled shall be assigned to a work/training assignment within
the physical and/or mental capability of the inmate as determined by the
physician and/or psychiatrist, unless changed by disciplinary action.
(3) Work Group A-2: Involuntarily unassigned.
An inmate willing but unable to perform in a full-time assignment
shall receive three months credit for each six months served, or one day
for each two days served, in the following status:
(A) The inmate is placed on a waiting list pending availability of a full-
time work/training assignment.
(B) An unassigned inmate awaiting adverse transfer to another institu-
tion.
(4) Work Group B: Half-time work/training assignment. Half-time
programs shall normally consist of a work/training assignment of four
hours per workday, excluding meals, five-days-per-week, or full-time
enrollment in college consisting of 12 units in credit courses leading to
an associate or bachelor's degree. The work day shall be no less than
three hours and the work week no less than 15 hours.
(5) Work Group C: Voluntary unassigned. Zero credit.
(A) An inmate who refuses to accept or perform in a work/training as-
signment, or who is deemed a program failure as defined in Section 3000,
and who is placed on non-credit earning status by a classification com-
mittee shall earn zero worktime credits.
(B) An inmate shall remain in zero credit earning status unfil classified
for placement in a credit qualifying work group. An inmate must submit
a written request for reclassification to be considered for assignment and
removal from Work Group C no earlier than 30 days from the date of
placement. The inmate shall be scheduled for a hearing within 30 days
of receipt of the written request.
(6) Work Group D-1 : Indeterminate lockup status. Except as provided
in section 3044(b)(7)(C), an inmate assigned to a segregated housing pro-
gram, shall be awarded three months credit for each six months served
or one day credit for two days served. Segregated housing shall include,
but not be limited to, the following:
(A) Administrative Segregafion Unit (ASU).
(B) Security Housing Unit (SHU).
(C) Psychiatric Services Unit (PSU).
(7) Work Group D-2: Serving SHU term, deemed a program failure
while on indeterminate or determinate lockup status, or voluntarily unas-
signed at the time of or subsequent to placement in ASU, SHU, or PSU.
Zero credit.
(A) An inmate assigned to a determinate SHU term which included a
forfeiture of credits shall not be placed in a credit earning assignment dur-
ing the period of credit forfeiture or 1 80 days, whichever is less, starting
from the date of change in custodial classification. An inmate confined
in a secure housing unit for a division A-1 offense, as designated in sec-
tion 3323(c) of these regulations, and which included great bodily injury
on a non-prisoner shall not receive pardcipafion or work-time credits for
up to 360 days. Upon completion of the period of credit forfeiture, the
inmate shall be re-evaluated by a classification committee.
(B) An inmate's status in Work Group D-2 may be extended, in up to
six-month increments, by a classification committee in unusual cases
where no credit qualifying program can be assigned the inmate without
causing a substantial risk of physical harm to staff or others. At the end
of the designated period (six months or less), the determination shall be
reviewed by an insfitution classification committee.
(C) An inmate in ASU, SHU, or PSU, on indeterminate or determinate
lockup status, who is deemed a program failure as defined in section
3000, may be assigned Work Group D-2 by a classification committee.
An inmate assigned to Work Group C at the time of placement in ASU,
SHU, or PSU, or who refuses to accept or perform work/training assign-
ments, shall be assigned Work Group D-2. An inmate assigned to Work
Group D-2 pursuant to this section must submit a written request for re-
classification to be considered for removal from that Work Group. If
Work Group D-2 has been assigned based solely upon the inmate already
being assigned to Work Group C at the time of placement in ASU, SHU,
or PSU, the request may be submitted no earlier than 30 days from the
original Work Group C assignment date. If Work Group D-2 has been
assigned following placement into ASU, SHU. or PSU, for refusing to
accept or perform a work/training assignment, or for being deemed a pro-
gram failure as defined in secdon 3000, the request for removal must be
submitted no earlier that 30 days from the date Work Group D-2 was as-
signed. Subsequent to the mandatory 30 days placement on Work Group
D-2, if the inmate submits a written request for removal, and Work
Group D-2 has not been assigned pursuant to secdon 3044(b)(7)(A) or
3044(b)(7)(B), a hearing shall be scheduled within 30 days of receipt of
the written request to consider removal from Work Group D-2.
(8) Work Group U: Unclassified. An inmate undergoing reception
center processing is in this status from the date of their reception until
classified at their assigned insdtudon, unless the inmate is assigned to a
full-dme Bridging Educadon Program as described in this section. An
inmate on unclassified status shall be granted three months credit for each
six months served or one day credit for each two days served.
Page 127
Register 2006, No. 49; 12-8-2006
§3044
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(c) Privileges. Privileges for each work/training incentive group shall
be those privileges earned by the inmate. Inmate privileges are adminis-
tratively authorized activities and benefits required of the secretary, by
statute, case law, governmental regulations, or executive orders. Inmate
privileges shall be governed by an inmate's behavior, custody classifica-
tion and assignment. A formal request or application for privileges is not
required unless specified otherwise in this section. Institutions may pro-
vide additional incentives for each privilege group, subject to availability
of resources and constraints imposed by security needs.
(1 ) To qualify for privileges generally granted by this section, an in-
mate shall comply with rules and procedures and participate in assigned
work/training activities.
(2) Privileges available to a work/training incentive group may be de-
nied, modified, or temporarily suspended by a hearing official at a disci-
plinary hearing upon a finding of an inmate's guilt for a disciplinary of-
fense as described in sections 3314 and 3315 of these regulations or by
a classification committee action changing the inmate's custody classifi-
cation, work/training group, privilege group, or institution placement.
(3) Disciplinary action denying, modifying, or suspending a privilege
for which an inmate would otherwise be eligible shall be for a specified
period not to exceed 30 days for an administrative rule violation or 90
days for a serious aile violation.
(4) A permanent change of an inmate's privilege group shall be made
only by classification committee action under provisions of section 3375.
Disciplinary or classification committee action changing an inmate's
privileges or privilege group shall not automatically affect the inmate's
work/training group classification. Worktime credit earning shall be af-
fected only by a work/training group change by a classification commit-
tee.
(5) No inmate or group of inmates shall be granted privileges not
equally available to other inmates of the same custody classification and
assignment who would otherwise be eligible for the same privileges.
(6) Changes in privilege group status due to the inmate's placement in
lockup:
(A) An inmate housed in an ASU, SHU, or PSU shall be designated
Privilege Group D. However, if assigned to a qualifying work/training
program within the special housing unit, the inmate shall be assigned
privileges of a higher group, if such privileges are available within the
assigned housing unit.
(B) An inmate working in lockup units while serving a determinate
SHU terms shall be retained in Privilege Group D only, irrespective of
their work/training assignment.
(C) An inmate removed from the general population for disciplinary
or administrative reasons shall surrender their privilege card to staff
(7) An inmate in a re-entry furlough assignment shall be eligible for
available privileges subject to working eight-hours-per-day and shall
not require a privilege group designation. A re-entry inmate placed in a
county facihty shall be entitled to the same privileges accorded count
prisoners and provided for under terms of the department' s contract with
the county facility.
(8) An inmate's privileges shall be conditioned upon each of the fol-
lowing:
(A) The inmate's compliance with procedures governing those privi-
leges.
(B) The inmate's continued eligibility and possession of the appropri-
ate privilege card.
(C) The inmate's good conduct and satisfactory participation a work/
training assignment.
(9) Inmates returned to custody from parole may be eligible to receive
privileges based upon their satisfactory participation in a work/training
assignment.
(d) Privilege Group A:
(1) Criteria:
(A) Full-time work/training assignment as defined in section 3044(a).
(B) An inmate diagnosed by a physician and/or psychiatrist as totally
disabled shall remain in Privilege Group A unless changed by disciplin-
ary action.
(C) An inmate designated by a physician and/or psychiatrist as partial-
ly disabled pursuant to section 3044(a) shall remain in Privilege Group
A unless changed by disciplinary action.
(2) Any inmate classified and assigned to Privilege Group A shall re-
ceive a red CDC 130 Privilege Card with photo.
PRIVILEGE CARP
CALIFORNIA
PEPARTMENT OF CORRECTIONS
CDC 130 {7-88)
^b:
PRIVILEGE CARD
(3) Privileges for Privilege Group A are as follows:
(A) Family visits limited only by the institution/facihty resources, se-
curity policy, section 3177(b), or other law.
(B) Visits during non-work/training hours, limited only by availabil-
ity of space within facility visiting hours, or during work hours when ex-
traordinary circumstances exist as defined in section 3045.2(e)(2).
(C) Maximum monthly canteen draw as authorized by the secretary.
(D) Telephone access during the inmate's non-work/training hours
limited only by institution/facility telephone capabilities.
(E) Access to yard, recreation and entertainment activities during the
inmate's non-working/training hours and limited only by security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds maxi-
mum weight each, per year; exclusive of special purchases.
(e) Privilege Group B:
(1) Criteria, any of the following:
(A) Half-time work/training assignment as defined in section 3044(a)
or involuntarily unassigned as defined in section 3044(a) or involuntarily
unassigned as defined in section 3044(b).
(B) A hearing official may temporarily place an inmate into the group
as a disposition pursuant to section 3314 or 3315.
Page 128
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3044
(2) Any inmate in Privilege Group B shall not be issued a privilege
card.
PRIVIIEGE CARD
NOTE: This card must be turned in to appropriate staff as directed
when you trantfer to another inwHytion, camp, parole or discharge.
THIS IS TO CERtl^y 4^M BEARER
J5 ENTITIED TO THOSE »«VlieG£§.*S.6^SIGNAJW; FQRi THIS PRJVIIEGE GROUP.
^ ••;••- ■■■ . ■ ■ .X^■.'W:^i.'J^; ' ' r
ANY OR AU PffiVILEGeS-QltANKD BY J^SESSION OF THIS CA«D ARE
SUBJECT TO FORFEIIURe/RtSTUiqTION W^i^j* ^ blSaPUNASY OR CLASSHCATION
ACTJON. IF LOST, THIS CARD «H<^H. BC RSPlAC«>/(>y(THIN 30 DAYS AFTER lOSS IS
«€K3RTEPAN0REPlACEM£NrCCJSTHiVSBEENPA»e- /'
■i\ ■ .'m:t;A :>s- :■:-■'■ •.
DESTRUCTION OR MUTHJATION^ .OF THIS CARD WILL BE CAUSE
FOR DISCIPIINARY ACTION. "• ' '! ■ '
as $0648
CORRECTIONAl ADMINtSTRATOR
(3) Privileges for Privilege Group B are as follows:
(A) One family visit each six months, unless limited by section
3177(b) or other law.
(B) Visits during non-work/training hours, limited only by availabil-
ity of space within facility visiting hours, or during work hours when ex-
traordinary circumstances exist, as defined in section 3045.
(C) One-half the maximum monthly canteen draw as authorized by
the secretary.
(D) One personal telephone access period per month.
(E) Access to yard, recreation, and entertainment activities during the
inmate's non-working/training hours and limited only by institution/fa-
cility security needs.
(F) Excused time off as described in section 3045.2.
(G) The receipt of four personal property packages, 30 pounds maxi-
mum weight each, per year, exclusive of special purchases.
(f) Privilege Group C:
( 1 ) Criteria, any of the following:
(A) The inmate who refuses to accept or perform in a work/training as-
signment or is deemed a program failure as defined in section 3000.
(B) A hearing official may temporarily place an inmate into the group
as a disposition pursuant to section 3314 or 3315.
(C) A classification committee action pursuant to section 3375 places
the inmate into the group. An inmate placed into Privilege Group C by
a classification committee action may apply to be removed from that
privilege group no earlier than 30 days from the date of placement. Sub-
sequent to the mandatory 30 days placement on Privilege Group C, if the
inmate submits a written request for removal, a hearing shall be sched-
uled within 30 days of receipt of the written request to consider removal
from Privilege Group C.
(2) Any inmate in Privilege Group C shall not be issued a privilege
card.
(3) Privileges and non-privileges for Privilege Group C are as follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by
the secretary.
(C) Telephone calls on an emergency basis only as determined by in-
stitution/facility staff.
(D) Yard access limited by local institution/facility security needs. No
access to any other recreational or entertainment activities.
(E) No personal property packages.
(g) Privilege Group D:
(1) Criteria: Any inmate housed in a special segregation unit, volun-
tarily or under the provisions of sections 3335-3345 of these regulations
who is not assigned to either a full-time or half-time work/training as-
signment.
(2) An inmate in Privilege Group D shall not be issued a privilege card.
(3) Any inmate removed from the general population due to disciplin-
ary or administrative reasons, shall forfeit their privilege card and privi-
leges within their general population privilege group pending review by
a classification committee.
(4) Privileges and non-privileges for Privilege Group D are as follows:
(A) No family visits.
(B) One-fourth the maximum monthly canteen draw as authorized by
the secretary.
(C) Telephone calls on an emergency basis only as determined by in-
stitution/facility staff.
(D) Yard access limited by local institution/facility security needs. No
access to any other recreational or entertainment activities.
(E) The receipt of one personal property package, 30 pounds maxi-
mum weight, per year, exclusive of special purchases as provided in Sec-
tion 3190. Inmates shall be eligible to acquire a personal property pack-
age after completion of one year of Privilege Group D assignment.
(h) Privilege Group U:
(1) Criteria: Reception center inmates under processing.
(2) An inmate in this category shall not be issued a privilege card.
(3) Privileges and non-privileges for Privilege Group U are:
(A) No family visits.
(B) Canteen Purchases. One-half of the maximum monthly canteen
draw as authorized by the secretary.
(C) Telephone calls on an emergency basis only as determined by in-
stitution/facility staff.
(D) Yard access, recreation, and entertainment limited by local institu-
tion/facility security needs.
(E) Excused time off as described in section 3045.2.
(F) No personal property packages.
(i) Inmates shall retain in their possession any privilege card issued
them for eligibility to receive designated privileges. Each inmate shall
present the card upon staff request in order to receive or participate in an
authorized privilege, and may be denied the privilege if the card is not
presented.
NOTE: Authority cited: Sections 2700, 2701 and 5058, Penal Code. Reference:
Sections 2932. 2933, 2933.3, 2935, 5005, 5054 and 5068, Penal Code; and In re
Monigold, 205 Cal.App.3d 1224 (1988).
History
1 . Change without regulatory effect of subsection (c)( 1 ) and Noth pursuant to sec-
tion 100, title 1, California Code of Regulations filed 12-28-89 (Register 90.
No. 1). For prior history, see Register 88, No. 50.
2. Relocation of (a) to section 3045, amendment of redesignated (c)(4)-(f). new
subsections (c)(8)-(9) and (i) and subsection renumbering filed 12-20-91 as an
emergency; operative 12-20-91 (Register 92, No. 4). A Certificate of Com-
pliance must be transmitted to OAL 4-20-92 or emergency language will be re-
pealed by operation of law on the following day.
3. Editorial correction of printing errors (Register 92, No. 4).
4. Editorial correction of printing error in subsection (b)(1) (Register 92, No. 5).
5. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
6. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 2-27-95 as an emer-
gency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance
must be transmitted to OAL by 1 1-6-95 or emergency language will be re-
pealed by operation of law on the following day.
7. New subsections (f)(3)(H), (g)(4)(H) and (h)(3)(H) and amendment of Nmi.
filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26). A Cer-
tificate of Compliance must be transmitted to OAL by 12-7-95 or emergency
language will be repealed by operation of law on the following day.
8. Amendment of subsections (d)(3)(A) and (e)(3)(A) refiled 1 1-7-95 as an emer-
gency; operative 1 1-6-95 (Register 95, No. 45). A Certificate of Compliance
must be transmitted to OAL by 4-14-96 or emergency language will be re-
pealed by operation of law on the following day.
9. Certificate of Compliance as to 6-30-95 order transmitted to OAL 1 1-22 95
and filed 1-8-96 (Register 96, No. 2).
10. Editorial correcdon of History 8 (Register 96, No. 21 ).
11. Reinstatement of subsections (d)(3)(A) and (e)(3)(A) as they existed prior to
emergency amendment filed 5-30-95 pursuant to Government Code section
1 1349.6(d) (Register 96, No. 21).
12. Amendment of subsections (d)(3)(A) and (e)(3)(A) filed 6-7-96 as an emer-
gency; operative 6-7-96 (Register 96, No. 23). A Certificate of Compliance
must be transmitted to OAL by 10-7-96 or emergency language will be re-
pealed by operation of law on the following day.
13. Change without regulatory effect amending subsection (e)(2) filed 7-16-96
pursuant to section 1 00, title 1 , California Code of Regulations (Register 96, No.
29).
Page 129
Register 2006, No. 49; 12-8-2006
§3045
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
14. Certificate ofCompIiance as to 6-7-96 order tiansinitted to OAL 10-3-96 and
filed 1 1-18-96 (Register 96, No. 47).
15. Repealer of subsections (t)(3)(H), (g)(4)(H) and (h)(3)(H) and amendinent of
Note filed 1-2-98 as an emergency; operative 1-2-98 (Register 98, No. 1).
Pursuant to Penal Code section ,'S058(e), a Ceilificate of Compliance must be
transmitted to OAL by 6-1 1-98 or emergency language will be repealed by op-
eration of law on the following day.
16. Ceilificate of Compliance as to 1-2-98 order transinitted to OAL 6-9-98 and
filed 7-21-98 (Register 98, No. 30).
17. Repealer of printed inmate time card, new subsection (b)(1), subsection re-
numbering and amendment of Note filed 10-23-2003 as an emergency; opera-
tive 10-23-2003 (Register 2003, No. 43). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 4-1-2004
or emergency language will be repealed by operation of law on the following
day.
18. Chanee without regulatory effect amending subsections (d)(3)(A) and
(e)(3)(A) filed 12-1-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2003, No. 49).
19. Amendment of section and Note filed 12-30-2003 as an emergency; opera-
tive 1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section
5058.3(a)(1), a Cerfificate of Compliance must be transmitted to OAL by
6-9-2004 or emergency language will be repealed by operation of law on the
following day.
20. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register
2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 6-1 7-2004 or emergency language will
be repealed by operation of law on the following day.
21. Certificate of Compliance as to 10-23-2003 order transmitted to OAL
3-19-2004 and filed 5-3-2004 (Register 2004, No. 19).
22. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004 as an
emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transinitted to OAL
by 9-24-2004 or emergency language will be repealed by operation of law on
the following day.
23. Amendment of section and Note, including relocation of former subsection
3()44(g)(4)(G) to new section 3190(i)(3), filed 5-27-2004 as an emergency; op-
erative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 1 1-3-2004
or emergency language will be repealed by operation of law on the following
day.
24. Amendment of section, including further amendments, refiled 6-17-2004 as
an emergency; operative 6-1 7-2004 (Register 2004, No. 25). Pursuant to Penal
Code section 5058.3, a Certificate of Comphance must be transmitted to OAL
by 1 1-24-2004 or emergency language will be repealed by operation of law on
the following day.
25. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
26. Certificate of Compliance as to 6-17-2004 order, including further amend-
ment of subsection (b)(5)(B), transmitted to OAL 11-16-2004 and filed
12-29-2004 (Register 2004, No. 53).
27. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3045. Timekeeping and Reporting.
(a) Inmate timekeeping logs. The attendance of each inmate assigned
to a credit qualifying assignment shall be recorded daily on an approved
timekeeping log. If the assignment began or ended during the reporting
month, the date(s) of such activity shall be recorded on the timekeeping
log. Only the symbols designated on the timekeeping log shall be used
to document the inmate's attendance. The symbol(s) and applicable
hours for each day shall be recorded in the space corresponding to the cal-
endar day. This log shall be the reference for resolving complaints or ap-
peals and shall be retained at a secure location designated by the facihty
management for a period of 4 years from the date of completion.
(1) Staff shall record the work or training time and absences of each
inmate assigned to their supervision each day as they occur. At intervals
designated by the institution head, the supervisor shall:
(A) Enter the totals, hours worked and ETO hours used in the desig-
nated columns of timekeeping log.
(B) Sign the log to authenticate the information.
(C) Forward the log to the division head for review and approval.
(2) Mismanagement or falsification of an inmate timekeeping log may
result in adverse action and/or prosecution.
(b) Security of timekeeping logs. Inmates shall not have unauthorized
access to any timekeeping logs.
Note: Authority cited: Sections 2700. 2701 and 5058, Penal Code. Reference:
Sections 2932, 2933, 2935, 5005, 5054 and 5068. Penal Code; and In re Motii^old,
205 Cal.App.3d 1224.
History
1 . New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
2. Repealer and new section filed 2-1 6-83; effective thirtieth day thereafter (Reg-
ister 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 ordered transmitted to OAL 12-4-87;
disapproved by OAL (Register 88, No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 1-4-88 as an emergency; operafive 1-4-88 (Register 88, No. 16).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1^-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
7. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 9-30-88.
8. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
9. Renumbering and amendment of former section 3045 to secfion 3045.2, reloca-
tion and amendment of former section 3044(a) and adoption of subsections (b)
and (c) filed 12-20-91 as an emergency; operative 12-20-91 (Register 92, No.
4). A Certificate of Compliance must be transiriitted to OAL A-lQ-92 or emer-
gency language will be repealed by operafion of law on the following day.
10. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
11. Editoiial cortection deletina language previously nansferred to section 3045.2
(Register 93, No. 50).
12. Amendment filed 6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3045.1 . Timekeeping for inmates in Administrative
Segregation.
(a) A classification committee shall evaluate the reasons for an in-
mate's administrative segregation (ad. seg.) placement to ensure appro-
priate worktime credits are awarded the inmate. If the placement was for:
( 1 ) A disciplinary infraction for which the finding was not guilty or
pending an investigation where the inmate was released, the inmate shall
retain their work/training group status at the time of their placement in
ad. seg. unless otherwise impacted by a classification or disciplinary ac-
tion.
(2) A disciplinary infraction for which the finding was guilty and the
assessment of a SHU term, the inmate shall be placed in Work Group D-2
for the period of the credit loss assessment effective the date of their
placement in ad. seg.
Note: Authority cited:Secfions 2700. 2701 and 5058, Penal Code. Reference:
Sections 2932, 2933, 2935, 5005, 5054 and 5068, Penal Code; and In re Monigold,
205 Cal. App. 3d 1224.
History
1 . New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate ofCompIiance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate ofCompIiance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former secfion 3045.1 to section 3045.3 and
adoption of new section 3045.1 filed 12-20-91 as an emergency; operative
12-20-91 (Register 92, No. 4). A Certificate ofCompIiance must be transmitted
to OAL 4-20-92 or emergency language will be repealed by operation of law
on the following day.
8. Certificate of Compliance as to 12-20-91 order including amendment of sub-
section (a)(2) transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No.
24).
9. Repealer of subsection (b) filed 6-17-2004 as an emergency; operafive
6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code secfion 5058.3, a
Certificate ofCompIiance must be transmitted to OAL by 1 1-24-2004 or emer-
gency language will be repealed by operation of law on the following day.
Page 130
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3045.3
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
1 1-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
1 1 . Amendment of subsection (a)( 1 ) filed 6-9-2006; operative 7-9-2006 (Regis-
ter 2006, No. 23).
§ 3045.2. Excused Time Off (ETO).
(a) It is the policy of the California Department of Corrections that in-
mates assigned to work/training groups A-1 and B may use excused time
off (ETO) during approved absences from their assigned work/training
assignment in the manner set forth in this article.
(b) ETO shall be authorized by the work supervisor/employer in no
less than 15-minute increments. The inmate shall not be required to use
excused time off for any service that the department requires. An inmate
who is ill and requires a medical lay-in or is short term medically unas-
signed for 29 days or less shall use ETO.
(c) Inmates who are ill may use ETO, but will be responsible for notify-
ing the work/training supervisor. Sick time must be approved/authorized
by the appropriate institution medical authority. Upon becoming capable
of performing medically unrestricted work activities the inmate will be
given priority to resume his/her previous assignment. If the assignment
is not immediately available, the inmate will be placed in an assignment
in his/her previous work/training group category.
(d) Authorized uses of ETO. Excused time off may be approved by
work/training supervisors only for the below stated reasons. A proposal
to use ETO for any other reason requires approval by the secretary.
( 1 ) Family visiting. An inmate scheduled for a family visit may be per-
mitted to visit in the visiting room (regular visit) on the first day of a fami-
ly visit while awaiting processing, and on the last day of the family visit.
(2) Regular visiting under extraordinary circumstances. Following are
extraordinary circumstances for which use of ETO is authorized:
(A) Out-of-state visitors. Upon substantiation that the visitor(s) re-
sides out-of-state and is in California for a temporary stay of 30 days or
less, and the visitor(s) has not visited with the particular inmate for four
months. No more than two such visits shall be permitted for each such
occurrence.
(B) Excessive distance. When a visitor must travel a distance of 250
miles or more, and has not visited the inmate within the last 30 days.
(C) Weddings. When an inmate marries, the inmate may, with five
working days prior approval, use ETO for a visit on the wedding day.
(D) Handicapped. When a visitor is handicapped as defined by CaU-
fomia law and must rely on special transportation to the institution. Ap-
proval is required five working days prior to the visit.
(E) Family emergencies. When death, serious illness or injury occurs
to an inmate's immediate family member as defined in Section 3000,
clergymen, family members or close friends may visit the inmate to offer
condolences or inform the inmate of the occurrence.
(F) Infrequent visits. When a visitor unexpectedly arrives who has not
visited in the last six months, the visit will be considered an infrequent
visit.
(G) Visiting during authorized absence. An inmate shall be permitted
to visit using ETO during approved periods away from assignment in-
volving circumstances beyond the inmate's control. (Refer to section
3045.3 of these regulations.)
(H) Work assignment conflicts. When the inmate has not received a
visit in the last 30 days and would otherwise be prohibited from visiting
because of a conflict in work, training, or education assignment.
(3) Temporary community leave.
(4) Special religious functions, other than routine services.
(5) Non-routine recreation and entertainment activities.
(6) Emergency telephone access.
(e) Excused time off applies only to authorized time away from the
work/training assignment.
(f) An inmate shall receive pay only for actual hours worked, and not
for excused time off.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601,
2620, 2621, 2931, 2933 and 5054, Penal Code.
History
1. New section filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
2. Repealer and new section filed 2-16-83; eftecfive thirtieth day thereafter (Reg-
ister 83, No. 8).
3. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 ordered transmitted to OAL 12-4-87;
disapproved by OAL (Register 88. No. 16).
5. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 1-4-88 as an emergency: operative 1^-88 (Register 88, No. 16).
A Certificate of Compliance must be transmined to OAL within 1 20 days or
emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
7. Amendment of subsection (c), repealer and new subsection (e) and new subsec-
tion (i) filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24).
A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 9-30-88.
8. Certificate of Compliance includins amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
9. Renumbering of former section 3045 to section 3045.2 and amendment of sub-
sections (b) and (f) filed 1 2-20-9 1 as an emergency; operative 1 2-20-9 1 ( Reg-
ister 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-20-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
10. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
11. Change without regulatory effect amending subsection (e)(2)(G) filed
11-27-2001 pursuant to section 100, title 1, California Code of Regulations
(Register 2001, No. 48).
12. Amendment of subsection (e)(2)(F) and new subsection (e)(2)(H) filed
2-18-2003; operafive 3-20-2003 (Register 2003, No. 8).
13. Amendment of subsection (a), repealer of subsections (b), (f) and (g), subsec-
tion relettering and amendment of newly designated subsections (b)-(d) filed
6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
14. Amendment of subsection (d)(2)(E) filed 10-16-2007; operative 1 1-15-2007
(Register 2007, No. 42).
§ 3045.3. "S" Time.
(a) "S" time shall be noted on timekeeping documents for an autho-
rized absence from the inmate's work/training assignment by order of the
prison administration. The inmate shall receive sentence-reducing credit
commensurate with their designated work group. Inmates who are re-
moved from their work/training assignment for the reasons noted below,
shall retain their existing work/training group status unless otherwise im-
pacted by a classification committee or disciplinary action.
(b) "S" time shall be authorized only for the following:
(1) Institutional lockdown.
(2) Emergency recall.
(3) Attorney visits.
(4) Fog or inclement weather conditions.
(5) Work/training supervisor's absence when no relief supervisor is
provided.
(6) Removed to out-to-court status.
(7) Three working days prior to transfer to another institution.
(8) Ten working days prior to parole or discharge, including institution
base camps. Conservation camp inmates shall receive 15 days "S" time
prior to release.
(9) Thirty working days prior to parole or discharge of an inmate serv-
ing a term in another jurisdiction.
(10) Appearances at classification hearings or casework interviews
which cannot be reasonably conducted during the inmate's off-duty
hours.
(11) Staff interviews with inmates regarding a death or emergency in-
volving a member of their immediate family as defined in section 3000.
(12) Emergency or life-threatening medical or dental treatment.
(13) A temporary interruption or delay in the inmate's work/training
assignment which is no fault of the inmate.
Page 131
Register 2008, No. 10; 3-7-2008
§3046
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 14) Medical consultant appointments with other than state em-
ployees.
(15) Inmate match job development and initial screening interview.
(16) Board of Prison Terms' hearings.
(17) Interviews with representatives of other governmental agencies.
(18) Delay in reporting to worlc/training assignment because of
delayed meal schedule, unlocks, and clearing of the institutional count.
(19) Interview for staff preparation of a Penal Code Section 1 170(d)
report to the court.
(20) Temporary leave processing for a family emergency.
(21) A serious disciplinary hearing if overtime would be required for
a staff witness to attend the hearing.
(22) Authorizations for any reason not listed in this section shall be
considered on a case-by-case basis and require approval of the secretary
or their designee.
NOTfi: Authority cited: Section 5058, Penal Code. Reference: Sections 673. 11 70,
2690, 2933 and 5054, Penal Code.
History
1 . New section filed 8-7-87 as an emergency: operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
7. Renumbering and amendment of former section 3045.1 to section 3045.3 filed
12-20-91 as an emergency; operative 12-20-91 (Register 92, No. 4). A Certifi-
cate of Compliance must be transmitted to OAL 4-20-92 or emergency lan-
guage will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
9. Amendment of subsections (a) and (b), repealer of subsection (b)(4), subsecfion
renumbering and amendment of newly designated subsection (b)(22) filed
6-9-2006; operative 7-9-2006 (Register 2006, No. 23).
§ 3046. Workers' Compensation for Inmates.
Inmates are eligible for workers' compensation benefits for injuries
sustained while performing assigned work while imprisoned. They are
not eligible for benefits for injuries resulting from an assault in which the
inmate was found to be the aggressor; an intentional act of self-inflicted
injury; nor injuries sustained while assigned to academic and vocational
education programs. The department is not liable for injuries sustained
while a person is on parole or escape status.
(a) Inmates should immediately report any injury to their supervisor
so that prompt medical attention can be given if needed, and for the super-
visor's information and initiation of necessary reports.
(b) Inmates will have access to, and be given a copy upon request, of
the department's guidelines covering workers' compensation for in-
mates. Such guidelines will be available at each institution's inmate as-
signment office or the office of the official responsible for inmate assign-
ments; the inmate law libraries; each camp; and at or near the inmate's
work location through the inmate's work supervisor.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Secdons 2601 (i),
5054 and 5069, Penal Code; and Secdons 3370 and 3351, Labor Code.
History
1. New secdon filed 2-16-83; effective thirtieth day thereafter (Register 83, No.
8). For prior history, see Register 78, No. 33.
§ 3047. Unemployment Compensation and Disability
Benefits.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Secdons 2601 and
5054, Penal Code; and Secdons 1480-1481, Unemployment Insurance Code.
History
I. New section filed 2-16-83; effecdve thirtieth day thereafter (Register 83, No.
8). For prior history, see Register 78, No. 33.
2. Change without regulatory effect repealing Section 3047 (Register 87. No. 24).
Article 4. Food Services
§ 3050. Regular Meals.
(a) Each inmate shall be provided a wholesome, nutritionally balanced
diet. Nutrition levels shall meet the Recommended Dietary Allowances
and Dietary Reference Intakes as established by the Food and Nutrition
Board of the Institute of Medicine, National Academy of Science.
( 1 ) Inmates confined in segregated housing shall be served food repre-
sentative of that being served to general population inmates. Food shall
not be withheld nor standard menu varied as a disciplinary sanction for
any inmate.
(2) Inmates shall be provided three meals each day, two of which shall
be served hot. Variations to the two hot meals per day requirement may
be allowed to accommodate religious observances, religious meal pro-
grams, and institution emergencies. The breakfast meal shall be served
not more than 14 hours following the previous day's evening meal.
(3) Pregnant inmates shall receive two extra eight ounce cartons of
milk or a calcium supplement if lactose intolerant, two extra servings of
fresh fruit, and two extra servings of fresh vegetables daily. A physician
may order additional nutrients as necessary.
(b) Facility menus shall be prepared at least one week in advance and
posted in locations accessible to all general population inmates. Inmates
in segregation housing shall, upon request, be provided a weekly menu.
NOTE: Authority cited; Section 5058. Penal Code. Reference: Sections 2084 and
5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
3. Amendment of article heading and secdon filed 12-18-91 as an emergency; op-
erative 12-18-91 (Register 92, No. 4). A Certificate of Compliance must be
transmitted to OAL 4-1 6-92 or emergency language will be repealed by opera-
don of law on the following day.
4. Editorial correction of History 2. (Register 92, No. 4).
5. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
6. Amendment of subsecdon (a)(2) filed 4-24-2006; operative 4-24-2006 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 17).
7. Amendment of subsection (a) and new subsection (a)(3) filed 3-6-2008; opera-
dve 4-5-2008 (Register 2008, No. 10).
§ 3051 . Use of Pork or Pork Derivatives.
(a) Pork or Pork derivatives may be part of meals within camp settings
outside Institutions.
(b) Each menu food item containing pork or prepared in or seasoned
with a pork derivative (including use of a shortening containing a pork
product) shall be identified on the menu with a "P". Unless it can be deter-
mined with certainty that a food item does not contain pork or a pork de-
rivative, that item shall be identified with an asterisk (*). A pork-free
protein alternate shall be offered to those inmates who do not eat pork be-
cause of religious reasons.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2084 and
5054, Penal Code.
History
1. Amendment of section filed 12-18-91 as an emergency; operadve 12-18-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4—1 6-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-1 8-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of subsection (c) (Register 95, No. 42).
4. Amendment of section and Note filed 4-24-2006; operative 4-24-2006 pur-
suant to Government Code section 1 1343.4 (Register 2006, No. 17).
§ 3052. Health and Safety Standards.
(a) Standards for sanitation shall meet the requirements set forth in
Health and Safety Code (H&SC) Sections 113945 through 114259.4
(California Retail Food Code (CFC)).
(b) An inspection of the food service area of each institution/camp
shall be conducted at least once a year by the Department Food Adminis-
trator, Central Office, and/or a Department of Health Services' Environ-
mental Health Specialist.
Page 132
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§ 3054.2
(c) The institution head or their designee shall conduct sanitation in-
spections of the institution/camp kitchens at least once a month to ensure
compliance with the standards set forth in this section.
(d) Cooks and culinary officers shall conduct daily sanitation inspec-
tions of all workers who handle food to ensure cleanliness, proper attire,
and the absence of open sores or any condition that may contaminate
food.
(e) No person shall be assigned to handle food until instructed on the
standards for sanitation as set forth in CFC, and on all requirements of
this section.
(0 Food handlers shall keep their hands and fingernails clean, wear
nets or caps entirely covering their hair, wear clean garments, and con-
form to and comply with CFC. A hand washing requirement sign shall
be posted in each restroom used by on-duty food service workers.
(g) No inmate shall be assigned to the food service area until medically
cleared to handle food.
(h) An inmate food handler with any condition which may contami-
nate food shall be referred to the medical department for examination and
shall not return to work in the food service area until medically cleared.
NOTE: Authority cited: Section 5038, Penal Code. Reference: Section 5054, Penal
Code; and Sections 1 13945 thiough 1 14259.4, Health and Safety Code.
History
1. Amendment of section filed 12-18-91 as an emergency; operative 12-18-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4- 1 6-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading, section and Note filed 9-12-95; operative
10-12-95 (Register 95, No. 37).
4. Amendment of subsections (a)-(c) and (e)-(f) and Note filed 4-24-2006; op-
erative 4-24-2006 pursuant to Government Code section 11343.4 (Register
2006, No. 17).
5. Change without regulatory effect amending subsecfions (a), (e) and (f) and
amending Note filed 12-18-2007 pursuant to section 100, title 1, California
Code of Regulations (Register 2007, No. 51).
§ 3053. Food for Religious Events.
(a) Inmate rehgious groups shall not be permitted more than two
events each year where foods with religious significance are provided by
the institution in place of the regularly planned meal. These event meals
must be approved and sponsored by a Chaplain. For the purposes of this
article. Chaplain means a local Institution Chaplain, or their designee
representing the religious group.
(b) A Chaplain shall decide the two religious events when religious
meals are provided. The religious group's request for ceremonial foods
shall be directed to the institution head, or designee by the Chaplain at
least 30 days, but no more than 90 days before the event, and shall include
the following:
(1) Date and location of the event.
(2) Proposed menu.
(3) Number of inmates and/or guests to be served.
(4) Specific ceremonial foods.
Note: Authority cited: Section 5058, Penal Code. Reference: Secdon 5054, Penal
Code.
History
1 . Renumbering and amendment of former section 3053 to section 3055 and adop-
tion of new section 3053 filed 12-18-91 as an emergency; operative 12-18-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4- 1 6-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
3. Amendment of section heading and secfion filed 4-24-2006; operative
4-24-2006 pursuant to Government Code secdon 1 1343.4 (Register 2006, No.
17).
4. Change without regulatory effect amending subsecdon (b)(3) filed 12-4-2006
pursuant to section 100, title I, California Code of Regulations (Register 2006,
No. 49).
§ 3054. Religious Diet Program.
(a) Each institution shall make reasonable efforts, as required by law.
to accommodate those inmates who have been determined, pursuant to
CCR, Title 15, subsection 3054.3(b)(1), to require a religious diet.
(b) Each institution shall provide ongoing religious awareness training
for custody and food service staff, and anyone involved in the Religious
Diet Program.
(c) Religious meals shall not be restricted from inmates based on their
classification or housing placement. Transferring inmates shall continue
participating in their Religious Diet Program.
(d) Medical diets shall take precedence over religious diets.
(e) There shall be at least two distinct religious diet options:
( 1 ) Vegetarian.
(2) Jewish kosher.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secdons 383b,
5009 and 5054, Penal Code.
History
1 . New section filed 12-18-91 as an emergency; operative 12-18-91 (Regi.ster92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-16-92 or
emergency language will be repealed by operadon of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
3. Editorial correction of History Note 1 (Register 95, No. 9).
4. Renumbering of former section 3054 to new section 3056 and new section filed
9-12-95; operadve 10-12-95 (Register 95, No. 37).
5. Amendment of section heading, section and Note filed 4-24-2006; operative
4-24-2006 pursuant to Government Code section 1 1 343.4 (Register 2006, No.
17).
§ 3054.1 . Religious Vegetarian Diet.
Religious vegetarian meals shall be available at all institutions. In-
mates with determined religious dietary needs and showing a CDCR
Form 3030-B (09/05), Religious Diet Card, which is incorporated by ref-
erence, shall be provided with an approved vegetarian protein alterna-
dve(s). often from that same days' scheduled meal.
NOTE: Authority cited: Secdons 5058, Penal Code. Reference: Sections 383b,
5009 and 5054, Penal Code.
History
1. New secdon filed 4-24-2006; operative 4-24-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 17).
2. Change without regulatory effect amending secdon filed 12-1 8-2007 pursuant
to section 100, title 1 , California Code of Regulations (Register 2007, No. 51).
§ 3054.2. Jewish Kosher Diet.
(a) Jewish kosher meals shall be available at designated institutions.
Jewish inmates may participate in the program, as determined by a Jew-
ish Chaplain.
(b) Jewish inmates with unmet kosher dietary needs may, when classi-
fication is appropriate, be considered for transfer to another institution
that can provide the Jewish inmate with a kosher diet.
(c) Jewish inmates shall not give away, trade, or sell a sack meal. Do-
ing so may result in a compliance violation of the Religious Diet Program
Agreement.
(d) All institutions will adhere to standardized departmental Jewish
kosher diet program menus and approved procedures for purchasing,
preparing, and serving kosher meals.
(e) Observance of Passover constitutes a single religious event, requir-
ing kosher for Passover foods to be provided during the eight days of ob-
servance.
(f) Each institution shall arrange for ongoing and appropriate training
for all inmate workers, and custody and food service employees involved
in the supervising, ordering, preparation, and serving of kosher meals.
(g) The Jewish kosher diet program shall be administered in accor-
dance with the provisions of this Article. A Jewish Chaplain shall:
( 1 ) Determine inmate entry into the Jewish kosher diet program, over-
see the program, and determine Jewish inmate compliance violations.
(2) Review each institution's Jewish kosher diet program annually.
Provide results of the review to the Correctional Food Manager (CFM).
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 3»3b,
5009 and 5054, Penal Code.
Page 133
Register 2008, No. 10; 3-7-2008
§ 3054.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
TiHe 15
History
1. New section filed 4-24-2006: operative 4-24-2006 pursuant to Governmenl
Code section 1 1343.4 (Register 2006. No. 17).
§ 3054.3. Participation in a Religious Diet Program.
(a) Any inmate who claims to require a religious diet shall be responsi-
ble for completing a CDCR Form 3030 (09/05), Religious Diet Request,
which is incorporated by reference, and submitting it to the appropriate
institution' s Chaplain. No more than 1 5 calendar days shall pass from the
day the Chaplain receives the completed CDCR Form 3030. Religious
Diet Request, which results in a determination of program eligibility, to
the day an accepted inmate begins receiving the religious meals reques-
ted.
(b) The Chaplain shall:
( 1 ) Interview the inmate to explain the two religious diet options (in-
cluding what the meals consist of) and determine the inmate's religious
diet program eligibility.
(2) When religious diet program eligibility is determined, explain the
department's Religious Diet Program Agreement.
(3) When applicable, have the inmate sign the CDCR Form 3030-A
(09/05), Religious Diet Program Agreement, which is incorporated by
reference, the CDCR Form 3030, Religious Diet Request, and the CDCR
Form 3030-D (09/05), Religious Diet Program Cancellation Request,
which is incorporated by reference. Document an inmate's refusal to sign
any religious diet departmental forms.
(4) Complete and distribute the CDCR Form 3030, ReHgious Diet Re-
quest and/or the CDCR Form 3030-A, Religious Diet Program Agree-
ment, within two working days.
(5) Notify the inmate of the decision in writing by copy of their CDCR
Form 3030, Religious Diet Request.
(6) Enter pertinent information for each inmate approved to participate
in a religious diet program onto a religious diet participant list within 24
hours of approval. Maintain, update the list every 30 days, and provide
the CFM with a copy of the list of those inmates who have been deter-
mined eligible to receive a religious diet, and which diet they will receive.
(7) Regularly monitor the religious diet lists with Food Service staff
to ensure that all inmate religious diet program participants are served
their religious dietary meals with minimal delay.
(8) Coordinate with the CFM to determine which dining area will pro-
vide the inmate his/her meals.
(9) Provide each approved inmate with a CDCR Form 3030-B,
Religious Diet Card. Collect Religious Diet Cards that are no longer val-
id.
(10) Meet with inmates, giving them the opportunity to respond to al-
legation(s) of Religious Diet Program Agreement compliance violations,
prior to making a determination of continuing eligibility.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 383b,
5009 and 5054, Penal Code.
History
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 17).
§ 3054.4. l\/lonitoring for Religious Diet Program Inmate
Compliance.
Any incident of an alleged inmate Religious Diet Program Agreement
compliance violation shall be reported using CDC Form 128-B, General
Chrono, citing CCR, Title 15, section 3054. All reports shall be sent to
the appropriate Chaplain, who shall consult with the inmate, make the fi-
nal determination of continuing eligibility, and complete a CDCR Form
3030-C (09/05), Religious Diet Program Agreement-Notice of Non-
Compliance, which is incorporated by reference. A copy of the com-
pleted CDCR Form 3030-C shall be provided to the inmate.
NoTE: Authority cited: Section 5058. Penal Code. Reference: Sections 5009 and
5054, Penal Code.
History
1. New section filed 4-24-2006; operative 4-24-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 17).
§ 3054.5. Meals Served to Non-Inmates.
The meal charge for state employees and persons other than official
guests in state-operated dining rooms maintained and operated for in-
mates shall be $.85 plus sales tax. The meal charge for institution-oper-
ated employee dining rooms shall be in accordance with this article.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section filed 4-24-2006; operative 4-24-2006 pursuant to Government
Code section 1 1343.4 (Register 2006. No. 17).
§ 3054.6. Reimbursement for State Purchased Food.
Outside guests attending inmate banquets, luncheons, or other special
events where state-purchased food is provided shall be charged a mini-
mum of $.85 plus sales tax per meal, per guest. Funds collected in excess
of $.85 plus sales tax, for the event shall be accompanied by a statement,
signed by a non-inmate representative of the group, which reads: "We
donate the sum of $ to the Inmate Welfare Fund." If the cost
of the meals exceeds the allowance of $.85 per meal, an additional charge
to the inmate group's trust account shall be made in accordance with this
article.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section filed 4-24-2006; operative 4-24-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 17).
§ 3055. Use of Food.
Inmates shall not steal, waste, or contaminate food or equipment used
in preparing, processing or serving food. Inmates shall not remove any
food from the dining room, kitchen, or food storage areas except as spe-
cifically authorized by facility staff.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Renumbering and amendment of former section 3053 to section 3055 filed
12-18-91 as an emergency; operative 12-18-91 (Register 92, No. 4). A Certifi-
cate of Compliance must be transmitted to OAL 4-16-92 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92. No. 22).
§ 3056. Meals Served to Non-Inmates.
Guests at an inmate banquet, luncheon or other special event shall be
charged for state-purchased food. If funds collected from guests for a
meal are not the same as the allowed cost per meal, any excess shall be
donated to the Inmate Welfare Fund; any deficiency shall be charged to
the inmate group's trust account.
NOTE; Authority cited: Section 5058. Penal Code. Reference: Secfion 5054, Penal
Code; and Secfion 19822, Government Code.
History
1 . Renumbering of former section 3054 to new section 3056 filed 9-12-95; opera-
tive 10-12-95 (Register 95, No. 37).
Article 5. Personal Cleanliness
§ 3060. Means.
Institutions will provide the means for all inmates to keep themselves
and their living quarters clean and to practice good health habits.
Comment: Former DP-1501, policy, general.
§ 3061 . Personal Hygiene.
Inmates must keep themselves clean, and practice those health habits
essential to the maintenance of physical and mental well-being.
Comment: Former DR-1501, personal hygiene.
§ 3062. Inmate Grooming Standards.
(a) An inmate's hair shall be clean, neatly styled, and groomed, as spe-
cified in these regulations, when he/she is away from the immediate area
of his/her quarters.
(b) An inmate's hair shall have no lettering, numbering, or designs of
any kind cut, shaved, dyed, painted or in any way placed in the hair or on
the scalp or face of the inmate.
Page 134
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§ 3074
(c) An inmate shall not alter the appearance of his/her hair by changing
its natural color.
(d) An inmate shall not possess a wig or hairpiece unless deemed medi-
cally necessary by the Chief Medical Officer and authorized, in writing,
by the appropriate division of adult institutions' associate director.
(e) An inmate's hair may be any length but shall not extend over the
eyebrows, cover the inmate's face or pose a health and safety risk. If hair
is long, it shall be worn in a neat, plain style, which does not draw undue
attention to the inmate.
(f) An inmate may possess and use approved hair holding devices
based on Section 3190.
(g) An inmate with hairstyles, including but not limited to braids, corn-
rows, ponytails, or dreadlocks, shall be required to unbraid, undo, or take
down their hair, as applicable for thorough inspections, as instmcted by
custody staff to ensure hair is free of contraband.
(h) Facial hair, including short beards, mustaches, and sideburns are
permitted for male inmates and shall not extend more than one-half inch
in length outward from the face.
(i) An inmate who is assigned to work in food preparation, processing
or serving areas, and/or around machinery, or in high fire hazard areas,
may be required, for safety and sanitation reasons, to further limit his/her
grooming in order to properly wear such health and safety equipment as
is deemed necessary by staff, including but not limited to, hair nets, safety
head coverings, etc.
(j) An inmate's fingernails shall not extend more than 1/4 inch beyond
the tips of the fingers. Nails shall be neat and clean. Female inmates may
be permitted to wear only clear nail polish.
(k) An inmate may not pierce any part of his/her body for the purpose
of wearing an earring or other jewelry. A male inmate may not possess
or wear earrings. A female inmate may wear authorized earrings with
only one matching earring worn in each ear. An inmate shall not possess
or wear any type of jewelry or other object intended to be worn as a body
piercing adornment.
(/) A female inmate may wear cosmetics that blend with or match the
natural, non-ruddy skin tone. False eyelashes are not permitted.
(m) An inmate who fails to comply with these grooming standards
may be deemed a program failure, pursuant to Section 3062, subject to
progressive discipline and classification committee review for appropri-
ate housing and program placement. Physical force shall not be used to
enforce compliance with these regulations, except as permitted by exist-
ing law or with a court order.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code, Warsoldier v. Woodford. Case No.: 04-55879, DC No.
CV-04-02233-RSWL, (July 2005); and In re Corey Williams. Case No.:
SC133840A, (February 2004).
History
1. Amendment of section heading and section and new Note filed 10-16-97 as
an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal
Code section 5058(e), a Certificate of Compliance must be transmitted to OAL
by 3-25-97 or emergency language will be repealed by operation of law on the
following day.
2. Editorial correction of subsection (e) (Register 98, No. 19).
3. Certificate of Compliance as to 10-16-97 order, including amendment of sub-
section (m) and relocation and amendment of definition of "Program failure"
from section 3000 to new subsection (n). transmitted to OAL 3-23-98 and filed
5-4-98 (Register 98, No. 19).
4. Amendment of subsection (h)(2) filed 8-25-2000; operative 9-24-2000 (Reg-
ister 2000, No. 34).
5. Repealer of subsection (n) filed 1-9-2004 as an emergency; operative
1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Cer-
tificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency
language will be repealed by operation of law on the following day.
6. Repealer of subsection (n) refiled 6-17-2004 as an emergency; operative
6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1-24-2004 or emer-
gency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
8. Amendment of section and Note filed 1-17-2006 as an emergency; operafive
1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code secfion 5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emer-
gency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 1-17-2006 order transmitted to OAL
6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
§ 3063. Tattoos.
Inmates shall not tattoo themselves or others, and shall not permit tat-
toos to be placed on themselves. Inmates shall not remove or permit re-
moval of tattoos from themselves or others.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 653 and
2082. Penal Code.
History
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No.
12).
2.. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95,
No. 9). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 oremergency language will
be repealed by operation of law on the following day.
3. Amendment filed 8-7-95 as an emergency; operative 8-7-95 (Register95, No.
32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 1 1346.1(f) (Register 96,
No. 8).
5. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96,
No. 8). A Cerdficate of Compliance must be transmitted to OAL by 6-20-96
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-21-96 order including amendment of section
transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
§ 3064. Quarters.
Inmates must keep their quarters and surroundings neat, clean and san-
itary. Inmates may not alter their quarters or equipment without specific
authorization to do so.
Comment: Former DR-1504, care of quarters.
Article 6. Camp Assignment
§ 3070. Regulations and Procedures.
History
1. Repealer of article 6 (sections 3070-3073) and section filed 10-27-93; opera-
tive 1 1-26-93 (Register 93, No. 44).
§3071. Camp Limits.
History
1. Repealer filed 10-27-93; operative 1 1-26-93 (Register 93, No. 44).
§ 3072. Public Contact.
History
1 . Renumbering and amendment of former section 3072 to section 3266. and re-
pealer of former secfion 3072 filed 10-27-93; operative 1 1-26-93 (Register
93, No. 44).
§ 3073. Vehicles.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054,
6202, 6204 and 6206, Penal Code.
History
1 . Renumbering and amendment of former section 3073 to section 3294. 1 and re-
pealer of former section 3073 filed 10-27-93; operative 1 1-26-93 (Register93,
No. 44).
Article 6.1. Alternative Sentencing Program
§ 3074. Alternative Sentencing Program Establishment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1 173, et
seq. and 5054, Penal Code; Chapter 1063, Statutes of 1992, Section 4.
History
1. New article heading and section filed 10-30-92 as an emergency; operative
10-30-92 (Register 92, No. 44). A Certificate of Compliance must be trans-
mitted to OAL 3-1-93 or emergency language will be repealed by operation of
law on the following day.
2. Certificate of Compliance as to 1 0-30-92 order transmitted to OAL 2-9 93 and
filed 3-12-93 (Register 93, No. 11).
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Register 2008, No. 10; 3-7-2008
§ 3074.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
3. Repealer filed 1-8-2002; operative 2-7-2002 (Register 2002, No. 2).
Article 6.3.
The Family Foundations
Program
§ 3074.3. The Family Foundations Program.
(a) The Family Foundations Program (FFP) is a 12-month residential
substance abuse treatment program for pregnant and/or parenting female
inmates who have been determined by the court to benefit from participa-
tion, recommended by the court for placement, and are accepted by the
Department to participate. Female inmates in the program will be placed
in a Family Foundations facility in the community as an alternative to
serving their prison term in a State prison institution.
(b) Eligibility. To be eligible, a female inmate shall be sentenced to
serve a term of not more than 36 months and be recommended by the
court to participate, must have an established history of substance abuse,
and be either pregnant or the parent of a child under the age of six years.
Medical/dental and mental health evaluations shall be performed prior to
placement to determine the existence of health care conditions that would
affect participation in the program or require a reasonable accommoda-
tion be provided to the participant.
(c) Ineligibility, Female inmates who have been convicted of violent
crimes and other offenses enumerated in Penal Code section 1 1 74.4 are
excluded from the program. In addition, a woman is ineligible for the pro-
gram if she has an active or potential United States Immigration and Nat-
uralization hold, felony hold; her child is a dependent of the court and it
has been determined by the representative of the appropriate county
agency that it is not in the best interest of the child; she is determined by
the Department to pose an unreasonable risk to the public; a staff physi-
cian or psychiatrist has determined that the inmate's medical or psychiat-
ric condition is likely to cause an adverse effect upon the inmate or upon
other persons if the inmate is placed in the program: or she is not willing
to sign a CDC Form 1890, Voluntary Placement Agreement, (4/99),
which is incorporated by reference, and outlines the obligations and re-
sponsibilities of program participants.
(d) Credit earnings and losses, including pre-sentence, behavioral,
participation and work time credits shall not be applied while a woman
is in the program. Participants who fail to complete the 12-month resi-
dential program shall have credit earnings and losses applied for time
served in the program. Participants who fail the program for reasons
identified in (e) below, shall be delivered to State prison where they shall
serve the remainder of their original sentences. A classification commit-
tee hearing shall precede a participant's delivery to State prison.
(e) Adverse reasons for failure to complete the program include:
(1) Program participant fails to participate in programming activities;
or,
(2) Program participant fails to comply with facility rules as presented
in orientation; or,
(3) Program participant fails to participate in vocational/educational
activities; or,
(4) Program participant fails urinalysis/drug or alcohol testing; or,
(5) Program participant demonstrates violent or disruptive behavior.
(f) Program participants may be removed from the program because
of a health care condition that cannot be adequately managed in the FFP
facility. Behavioral credit loss shall not be applied in such cases.
(g) Individualized treatment plans shall be developed for each partici-
pant and her child. The treatment plan shall be formulated as a result of
an individual assessment performed by a program counselor. Each plan
shall address the specific treatment needs of the participant and child in-
cluding the treatment needs necessary for transitioning the participant to
parole and/or another treatment program, and shall describe treatment
goals for both mother and child and specific activities and services to
achieve these goals. Changes to this plan may occur throughout the
course of treatment and must be relevant to the participant's progress to-
ward treatment goals. Individualized treatment plans shall address a full
range of problems including those directly and indirectly related to:
( 1 ) Substance abuse.
(2) Physical and mental health.
(3) Social services.
(4) Parenting skills.
(5) Vocational and educational skills.
(6) Long-term treatment goals.
(7) Treatment methods and resources.
(h) Early childhood care and development plans shall be developed for
each child and shall address issues including, but not limited to:
(1) Immunizations and communicable diseases.
(2) Pediatric medical care.
(3) Nutrition.
(4) Psychological interventions.
(5) Communication skills.
(6) Motor skill development.
(7) Play therapies.
(i) Each participant shall be provided all of the following:
(1) Intensive substance abuse education classes and relapse preven-
tion counseling.
(2) Classes, as appropriate, on topics such as domestic violence, incest
survivors, family relationships, co-dependency, living with AIDS, child
custody issues, and legal issues.
(3) Individual counseling sessions.
(4) Group counseling.
(5) HIV-AIDS counseling for pre- and post-HIV testing.
(6) Classes on parenting skills.
(7) Early childhood care and development services.
(8) Educational, vocational, and life skills training.
(9) Medically necessary health services pursuant to section 3350 et
seq.
(j) Each participant shall be assigned a case manager and casework
team, comprised of a social worker, facility manager, counselor, child
development specialist, child care worker, nurse, and departmental cus-
tody staff person. The casework team will manage the participant's in-
take, orientation and treatment program for the duration of the 1 2 months.
(k) Transition planning for the participant's release from the facility
to parole, shall begin in the first six months of the program with a written
Transition Services Plan for each participant to be developed no later
than the seventh month. Each participant's Transition Services Plan shall
be initiated after nine months of participation in the program. Transition
Services Plans shall consist of, but are not limited to, transitional hous-
ing, job placement or assistance, identification of available social ser-
vices, etc.
(/) An outpatient transitional services program shall be developed for
each participant and shall include a twelve month period of intensive pa-
role supervision pursuant to Penal Code Section 1 174.2.
(m) The FIT* shall maintain a zero tolerance for drugs and/or alcohol
use. Frequent and random urine testing shall be conducted to detect any
illegal drug use.
(n) Each facility shall maintain a library containing a variety of refer-
ence, fiction, self-help and children's books for use by participants and
their children.
(o) Facilities shall accommodate requests for voluntary participation
in rehgious programs.
(p) Facilities shall post visiting hours and conditions in English and
Spanish and maintain a weekly visiting schedule for six hours on Satur-
day and six hours on Sunday of each week.
NOTE; Authority cited: Sections 1 174.8(a) and 5058, Penal Code. Reference: Sec-
tions 1 174-1 174.9 and 5054, Penal Code.
History
1. New article 6.3 (section 3074.3) and section filed 8-18-99 as an emergency;
operative 8-18-99 (Register 99, No. 34). A Certificate of Compliance must be
transmitted to OAL by 1-25-2000 pursuant to Penal Code section 5058(e) or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-1 8-99 order, including further amendment of
subsection (/) and Note, transmitted to OAL 12-2-99 and filed 1-13-2000
(Register 2000, No. 2).
Page 136
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§ 3075
•
•
Article 6.5. Intake, Release and Discharge
of Inmates
§ 3075. Initial Intake.
(a) Inmates received by the department shall be accompanied by either
a copy of the minute order or an abstract of the judgment certified by the
clerk of the court or judge. The inmate's identity shall be verified by staff
to prevent inadvertent acceptance of a person not legally committed to
the department.
(b) Upon staffs receipt of an inmate's cash, personal securities and
property, a CDC Form 104 (Rev. 4/77), Inmate Property and Cash Re-
ceipt — Arrival, shall be completed.
(c) Each inmate shall be photographed and an identification card pre-
pared. The identification photo shall be updated every five years or when
there is a distinct change in the inmate's physical appearance. An inmate
who noticeably changes his/her appearance will be charged for the cost
of the updated identification photo/card, if the distinct change occurs
anytime within the five year period.
(d) Each inmate shall be informed of the departmental grooming stan-
dards and afforded an opportunity to comply prior to being photo-
graphed. Each inmate will be advised that failure to comply with depart-
mental grooming standards may result in the issuance of an
administrative rule violation report and that a repeated pattern of admin-
istrative rule violations, may result in the inmate being deemed a program
failure pursuant to Section 3000. The processing officer will document
on a CDC 128-B, General Chrono, the inmate's refusal to comply with
the departmental grooming standards. The CDC 128-B will be for-
warded to records for the inmate's initial classification committee re-
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1216.
2081.5, 2901, 3058.5, 4537 and 5054. Penal Code.
History
1. Article 6.5 heading and new section filed 12-20-91 as an emergency: operative
12-20-91 (Register 92, No. 4). A Certificate of Compliance must be'transmitted
to OAL 4-20-92 or emergency language will be repealed by operation of law
on the following day.
2. Certificate of Compliance as to 12-20-91 order including amendment of No ii
transmitted to OAL 4-15-92 and filed 5-28-92 (Regi.ster 92, No. 22).
3. New subsection (d) filed 1 0-1 6-97 as an emergency; operative 1 0- 1 6-97 ( Reg-
ister 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 3-25-97 oremergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-16-97 order, including further amendment
of subsection (d), transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98,
No. 19).
5. Amendment of subsection (c) filed 1-17-2006 as an emergency; operative
1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emer-
gency language will be repealed by operation of law on the following day.
6. Amendment of subsecfion (d) filed 6-9-2006; operative 7-9-2006 (Register
2006, No. 23).
7. Certificate of Compliance as to 1-17-2006 order transmitted to OAL
6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
Page 137
Register 2008, No. 10; 3-7-2008
§3075
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
DEPARTMENT OF CORRECTIONS
PROPERTY AND CASH RECEIPTS — ARRIVAL
DISTRIBUTION
ORIG: Inmate (White)
CC: Propeity File (Canary)
Trust Office (Pink)
Central File (Green)
STATE OF CALIFORNIA
INMATE'S NAME
NUMBER
CASH PLACED IN INMATE'S ACCOUNT
DISPOSITION CODE: K=KEPT IN POSSESSION (WATCHES, RINGS, AND METALS VALUED LESS THAN $30)
M=MAIL D=DONATED S=HELD IN SAFE V= VAULT
QUANTITY
ARTICLES
DLSP.
QUANTITY
ARTICLES
DISP.
QUANTITY
ARTICLES
DISP.
BELT
SUIT
DENTURES
BLOUSE
SWEATER
DRIVER'S LICENSE
CAP
TANK TOP
EYEGLASSES
COAT
UNDERWEAR
KEYS
DRESS
HANDKERCHIEF
HAT
LEGAL PAPERS
MEDICAL ID
JACKET
LETTERS
MISC ID
NECKTIE/SCARF
PHOTOS
MARR. CERT.
OVERCOAT
PURSE
BIRTH CERT.
PAJAMAS
BILLFOLD
SEL. SER. CARD
PANTS/SLACKS
BOOKS
SOC. SEC. CARD
SHIRT
BIBLE
RELIGIOUS MEDALS
SHOES
DICTIONARY
RING
SHORTS
SUNGLASSES
SKIRT
WATCH
SLIPPERS
COIN
SOCKS
CURRENCY
STOCKINGS
CANTEEN DUCAT
DESCRIPTION OF ITEMS ALLEGED BY INMATE TO HAVE A VALUE OVER $30
DESCRIPTION OF ITEMS "TO BE DESTROYED"
ARTICLES LISTED AS "MAIL" ABOVE ARE TO BE FORWARDED TO:
NAME
ADDRESS
CITY
STATE AND ZIP CODE
CLAIM AND RELEASE
/ relinquish all claim to the articles listed above as "Donated", and hereby acknowledge receipt of articles
listed as "Kept in Possession" . The above is a correct inventory of personal property in my possession
at the time of admission
SIGNATURE OF INMATE
DATE
WITNESSING OFFICER
/ hereby authorize destruction of articles listed above as "To be Destroyed".
SIGNATURE OF INMATE
DATE
WITNESSING OFFICER
/ hereby acknowledge receipt of the articles listed above as "Held in Safe " which was given to me
upon my release from the institution.
SIGNATURE OF INMATE
DATE
WITNESSING OFFICER
•
CDC— 104 (REV. 4/77)
86 96990
Page 138
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§ 3075.1
§ 3075.1. Intake Processing.
(a) A CDC Form 1 88-L (Rev. 3/89), Cumulative Case Summary, shall
be prepared for each inmate committed to the department and shall in-
clude:
(1) CDC Form 188, Legal Status Summary.
(2) CDC Form 112 (Rev. 9/83), Chronological History.
(3) CDC Form 174 (Rev. 3/87), Probation Officer's Report (FOR).
(4) Criminal Identification and Investigation (CI&I) Report.
(5) A psychiatric/psychological evaluation, when completed pursuant
to (c) below.
(6) The Institutional Staff Recommendation Summary (ISRS) de-
scribed in (h), below.
(7) CDC Form 8 1 6 (Rev. 02/03), Reception Center Readmission Sum-
mary.
(8) A summary of the inmate's social factors regarding the inmate's:
religion; driver's license number; social security number; and the names,
birthdays, addresses and occupations of parents and siblings; dates and
status of marriages; names, birthdays and custody of children; and family
arrest history.
(b) Information affecting an inmate's conditions of confinement or pa-
role and sentence shall be solicited from sources outside the department,
with or without the inmate's consent, and shall include California Youth
Authority commitment history within the last five years and history of
any federal, state or local commitment.
(c) A psychiatric or psychological evaluation shall be prepared for
each inmate whose behavior or background information causes staff to
believe a serious mental problem may exist.
(d) Casework information and documents important to the placement
and supervision of the inmate shall include:
( 1 ) CDC Form 127 (Rev. 5/00), Notification in Case of Inmate Death,
Serious Injury, or Serious Illness.
(2) CDC Form 128-0 (8/92), Document Receipt.
(3) CDC Form 345 (Rev. 5/95), Authorization for the Director to
Maintain Trust Account.
(e) All questionable information shall be verified to the extent possi-
ble.
(f) Information obtained from other documents shall indicate the
source. Unverified information affecting an inmate's conditions of con-
finement or parole and sentence shall be noted as unverified.
(g) Each inmate shall before initial classification be provided a copy
of their CDC Form 188-L from which the CI&I Report and CDC Form
1 1 2 have been removed.
(h) An ISRS shall be prepared for each person committed with or re-
turned as a parole violator with a new life term.
( 1 ) The ISRS shall state the sources of information used and summa-
rize the inmate's history of or status concerning: type of confidential in-
formation on file; holds or detainers; medical and dental requirements or
limitations; results of a psychiatric or psychological referral; work expe-
riences and skills; narcotics, drugs and alcohol use; escapes; arson of-
fenses; sex-related offenses; academic and vocational needs or interests;
necessary casework follow-up; the counselor's evaluation of the inmate;
reentry plans if the inmate has six months or less to release; classification
score and custody designation suffix; community correctional facility
eligibility; and recommended facility placement.
(2) An ISRS prepared for a Penal Code section 1 203.03 (referred to as
a presentence diagnostic) case shall:
(A) Address the inmate's past criminal behavior.
(B) Include in the counselor's evaluation of the inmate a sentencing
recommendafion to the court.
(C) If the court commits the inmate to the department, include a
supplemental report of any changes affecting the inmate's conditions of
confinement or parole and sentence since the presentence summary and
a recommended facility placement.
(i) A CDC Form 816, Reception Center Readmission Summary, shall
be completed for parole violators who are returned to custody with new
terms other than a life sentence.
(j) Information affecting an inmate's conditions of confinement or pa-
role and sentence and received after completion of the ISRS or CDC
Form 816 shall be incorporated into the inmate's file.
( 1 ) If the information is received after a transfer recommendation en-
dorsement, or the nature of the information indicates a proposed classifi-
cation action inappropriate, the case shall be referred to a classification
committee for reconsideration.
(2) Information received after the inmate has been transferred shall be
forwarded to the inmate's new facility.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1203.01,
1203.03, 2930, 3002, 5054, and 5068, Penal Code.
History
1 . New section filed 1 1-5-92; operative 12-7-92 (Register 92, No. 45).
2. Change without regulatory effect amending subsection (d)(3) and adding new
form filed 6-28-95 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 95, No. 26).
3. Amendment of subsections (a), (a)(2) and (d)(1) filed 8-28-2000; operative
9-27-2000 (Register 2000, No. 35).
4. Change without regulatory effect amending sub.section (a)(7) filed 8-21-2003
pursuant to section 100, title 1, California Code of Regulations (Register 2003,
No. 34).
Page 139
Register 2006, No. 49; 12-8-2006
§ 3075.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
AUTHORIZATION FOR THE DIRECTOR TO
MAINTAIN TRUST ACCOUNT
Pursuant to Penal Code Sections 5008 and 5057, 1 understand that by signing this form, I authorize
the Director of the California Department of Corrections to maintain a trust fund account in my
name, thus enabling me to make purchases from the canteen. I understand that I am not required to
sign this form. I also understand that if I do not complete and sign this form, my canteen privileges
will be lost.
PLEASE MARK YOUR CHOICE
D
n
I hereby authorize the Director of Corrections to maintain a trust account in
my name. I also authorize any interest earned on monies held for me in such
trust shall be deposited into the Inmate Welfare Fund.
I choose not to authorize the Director of Corrections to maintain a trust
account in my name. I acknowledge that it shall be my responsibility to
ensure that any funds in my trust account are appropriately disbursed. I
understand I shall have no canteen access. I shall notify my family and
friends to refrain from sending me future monetary contributions.
Signed and delivered in the presence of:
SIGNATURE OF WITNESS
SIGNATURE OF INMATE
TITLE
CDC NUMBER
Executed at
this day of
., California
§ 3075.2. Releases.
(a) Day of release. Inmates, except as otherwise provided by applica-
ble law and regulations, shall be released on their scheduled release date.
Inmates shall not be retained beyond their discharge date.
(b) Release Instructions.
(1) Notification of registration requirements:
(A) An inmate required to register pursuant to Penal Code sections 290
or 457.1 or Health and Safety Code section 11590 shall be notified of the
requirement before being released from custody.
(B) Such inmates shall complete a SS Form 8047, Notice of Registra-
tion Requirement, acknowledging notification of the requirement.
(2) Reporting instructions:
(A) The CDC Form 611 (Rev. 9/91), Release Program Study; CDC
Form 1515 (Rev. 3/92), P&CSD Notice and Conditions of Parole; CDC
Form 1570 (Rev. 12/89), Guidelines for Parole; and reporting instruc-
tions shall be explained to the inmate at least 45 days before their sched-
uled release to parole or, if less than 45 days remain as a result of a change
in the inmate's legal status, as soon as possible.
(B) The CDC Form 611 shall specify a date, time, place and official
to whom a newly released inmate shall report.
(C) Authorized delay in reporting. Any delay in reporting shall be in
writing. The assigned parole agent may authorize a delay in reporting of
no more than seven days from the parolee's scheduled reporting date. A
delay of more than seven days shall require the authorization of a unit su-
pervisor or higher staff. Parolees designated as high control cases shall
not be granted a delay in reporting to their assigned parole agent.
(3) Notice and conditions of parole requirements:
(A) The CDC Form 1515 shall be interpreted or otherwise communi-
cated to any parolee who does not understand or read English.
(B) A unit supervisor or higher level staff may place an inmate or pa-
rolee refusing to sign the CDC Form 1515 into custody pending a revoca-
tion hearing.
Page 140
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3075.4
(C) Any special conditions of parole imposed by the department shall
be related to the inmate' s commitment offense or to conduct that may rea-
sonably lead to future criminal behavior.
(D) When a department-imposed special condition no longer applies
to a parolee, a unit supervisor or higher level staff may remove or modify
any but the following department-imposed special conditions:
1. A prohibition on the use of alcoholic beverages pursuant to Penal
Code section 3053.5 and 15 CCR 3901.9.4(b).
2. A requirement to participate in psychiatric treatment, unless parole
outpatient clinic staff have recommended, in writing, that the treatment
be discontinued.
(E) Within five days after verbally requiring or prohibiting specific be-
havior of a parolee, staff shall give the parolee written confirmation of
such instructions.
(c) Release Clearances.
( 1 ) Before release, an inmate shall be provided a CDC Form 1 62 (Rev.
1/66), Inmate Release Clearance, to obtain the signature indicating the
release clearance of the facility officials as designated thereon, and return
the form to the facility's receiving and release office.
(2) The original CDC Form 122 (Rev. 12/85), Property Receipt-Re-
lease, which is completed by receiving and release staff, shall be pro-
vided to the inmate before release.
(3) At time of release, the inmate shall sign a CDC Form 102 (Rev.
5/92), Release Statement and Clothing Authorization, acknowledging
receipt of any cash, checks, and clothing.
(d) Release Allowances. A release allowance is a sum of money in-
tended for the rehabilitative purpose of assisting in an inmate/parolee's
reintegration into society, and shall only be provided to an inmate who
is released from prison to the direct supervision of a parole agent in the
community or is discharged from the jurisdiction of the Department of
Corrections. Except as stipulated below, inmates with six months or
more served on a sentence or parole violation shall be given $200, less
the costs of clothing and public transportation provided by the facility in
connection with their release. Parolees who willfully abscond shall for-
feit any remaining release allowance otherwise due them.
( 1 ) A release allowance shall not be provided to an inmate released to
the custody of the federal government or another state unless the inmate
is released from custody and available for parole supervision in Califor-
nia or a state under the interstate compact (Article 3 (commencing with
Section 11175) and Article 3.5 (commencing with Section 11180) of
Chapter 2 of Title 1 of Part 4 of the Penal Code)). Inmates released to the
custody and supervision of the U.S. Immigration and Naturalization Ser-
vice and awaiting a deportation hearing date are not entitled to receive
a release allowance.
(2) Inmates who are released to the custody of local law enforcement
as a result of a detainer or hold are ineligible to receive a release allow-
ance until the inmate is released from custody to direct parole supervision
in the community. This includes a detainer or hold pursuant to commit-
ment proceedings as a sexually violent predator (Article 4 (commencing
with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare &
Institutions Code)). If the local custody detainer or hold results in a new
commitment, the inmate will be ineligible for release funds for the prior
prison term(s).
(3) Work furlough inmates:
(A) Work furlough inmates may receive an advance of up to $100 of
their release allowance.
(B) A work furlough inmate subject to Penal Code section 1 168 and
returned to the institution and whose parole date is rescinded shall receive
$200 if six months or more has been served since rescission, or up to
$200, as determined by the assigned parole agent, if less than six months
has been served.
(C) A work furlough inmate subject to Penal Code section 1 170 and
returned to the institution for administrative reasons shall receive $200
upon release, less any amount previously advanced during work fur-
lough.
(D) Release funds shall not be used to repay facihty program costs.
(4) Parole violators retumed-to-custody and serving:
(A) Six consecutive months or more shall receive $200.
(B) Less than six consecutive months shall receive $1.10 for each day
or fraction thereof in custody or revocation status up to a maximum of
$200.
(C) A local concurrent sentence exceeding the Board of Prison Terms'
ordered revocation time shall receive funds only upon completion of the
local concurrent term and after their release from jail.
(5) California Youth Authority wards confined in department facili-
ties, and released:
(A) Within the state shall be given up to $10 cash in addition to trans-
portation expenses and, if necessary, clothing which shall not exceed $20
in value.
(B) To independent placement may receive no more than $25 cash.
(6) Upon release from a revocation unit, parolees or civil addict parol-
ees shall be provided bus transportation to their residence area plus $10
cash if the distance to their residence is less than 200 miles or $15 cash
if such distance is 200 miles or more, if release is for one of the following
reasons:
(A) Charges against the parolee were dismissed.
(B) Charges against the parolee were not substantiated.
(C) The parolee was continued on parole and a revocation term was not
assessed.
(7) Inmates or parole violators transferred to the custody and supervi-
sion of the Department of Mental Health shall not be provided a release
allowance until they are released to the community and are either under
the direct supervision of a parole agent, or discharged to the community
and no longer under the jurisdiction of the Department of Corrections.
(e) Transportation Arrangements.
(1) An inmate's transportation upon release shall be arranged by the
facility, unless a private party has contacted the facility at least three days
before the inmate's scheduled release, has offered to provide transporta-
tion, and the facility has approved the arrangement.
(2) Any transportation costs paid by the state shall be deducted from
the inmate's release allowance.
NOTE: Authority cited: Sections 2713.1 and 5058, Penal Code. Reference: Sec-
tions 290,457.1, 1168, 1170,2713.1,2901,2962,3053.5,5054, 11175, 1 1176and
11180, Penal Code; Section 11592, Health and Safety Code; and Sections 6601
and 6604, Welfare and Institutions Code.
History
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
2. Amendment of subsections (d) and (d)(1), new subsections (d)(2) and (d)(7), re-
pealer of subsection (d)(4), subsection renumbering, amendment of newly des-
ignated subsection (d)(3)(C) and amendment of Note filed 1-21-2003; opera-
tive 2-20-2003 (Register 2003, No. 4).
§ 3075.3. Discharge Certificates.
(a) CDC Form 163 (Rev. 7/92), Certificate of Discharge, shall be is-
sued to each person who has completed their commitment to the depart-
ment.
(b) Such certificate shall be issued to the inmate before release and
mailed to parolees after their discharge date.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 6-27-94; operative 7-27-94 (Register 94, No. 26).
§ 3075.4. Earned Discharge From Parole. [Repealed]
NOTE: Authority cited: Secfion 5058.3, Penal Code. Reference: Sections 667.5( c),
1 192.7 and 5054, Penal Code.
History
1. New section filed 10-1-2007 as an emergency; operative 10-1-2007 (Register
2007, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OALby 3-10-2008 or emergency language will
be repealed by operation of law on the following day.
2. New section refiled 2-25-2008 as an emergency; operative 2-25-2008 (Regis-
ter 2008, No. 9). A Certificate of Compliance must be transmitted to OAL by
5-26-2008 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code section 1 1 346. Kg) (Register 2()()8.
No. 22).
Page 141
Register 2008, No. 22; 5-30-2008
§3076
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3076. Recall of Commitment Recommendation
Circumstances.
The director may recommend at any time to the sentencing court the
recall of an inmate's commitment pursuant to Penal Code section
1 170(d) for one or more of the following reasons:
(a) The inmate is terminally ill and is not condemned or sentenced to
life without possibility of parole.
(b) It is evident from the inmate's exceptional behavior that is so ex-
traordinary beyond simply complying with all regulations and proce-
dures during incarceration that they have changed as a person and would
be a positive asset to the community.
(c) Information which was not made available to the court in pro-
nouncing the inmate's sentence is brought to the attention of the director,
who deems the information would have influenced the sentence imposed
by the court.
(d) The director deems that circumstances have changed to the extent
that the inmate's continued incarceration is not in the interest of justice.
NOTE: Authority cited: Section 5038, Penal Code. Reference: Sections 1170(d)
and 5054, Penal Code.
History
1. New section tiled 5-20-92 as an emergency; operative 5-20-92 (Register 92,
No. 21). A Certificate of Compliance must be transmitted to OAL 9-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transnoitted to OAL 9-9-92; dis-
approved bv OAL and order of repeal of 5-20-92 order filed on 10-22-92 (Reg-
ister 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant
to Government Code section 1 1346.1(h) (Register 92, No. 43). A Certificate of
Compliance must be transmitted to OAL 2-23-93 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first
paragraph and subsection (b) transmitted to OAL 12-18-92 and filed 2-3-93
(Register 93, No. 6).
§ 3076.1 . Recall of Commitment Consideration Criteria.
For inmates meeting one or more of the eligibility requirements of sec-
tion 3076, the classification and parole representative shall consider the
following criteria as may be applicable before recommending recall of
commitment consideration for an inmate:
(a) The inmate is or is not terminally ill or, if diagnosed as having an
illness which results in death, the inmate has more than an estimated six
months to live.
(b) The inmate's commitment offense is for one or more of the follow-
ing felonies: murder, attempted murder, voluntary manslaughter, may-
hem, rape with force or violence, sodomy with force or violence, oral
copulation with force or violence, lewd acts on a child under 14 years of
age, arson, and/or other felonies punishable by imprisonment for life.
(c) The inmate is or is not designated as a high notoriety case by the
classification staff representative or their placement has or has not been
ordered by the departmental review board because of an unusual threat
to the safety of persons or public interest in the inmate's case.
(d) The court was aware of the inmate's imminent terminal status at
the time of sentencing.
(e) The inmate's prior criminal history reflects a pattern of convictions
for violent acts against persons pursuant to Penal Code section 667.5(c).
(f) The inmate has no prior criminal convictions preceding the com-
mitment offense.
(g) There exists a documented victim or next of kin of the commitment
offense in the community who would suffer fear from the release of the
inmate back into the community.
(h) The inmate's documented institutional behavior reflects an ongo-
ing, serious pattern of force, violence, assault, arson or predatory sexual
behavior.
(i) The inmate is terminally ill and there are or are not verifiable com-
munity resources appropriate, sufficient, and immediately available to
provide support and sustenance and to meet the inmate's medical and/or
psychological needs upon release.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d),
3043 and 5054, Penal Code.
History
1 . New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92,
No. 21 ). A Certificate of Compliance must be transmitted to OAL 9-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; dis-
approved by OAL and order of repeal of 5-20-92 order filed on 1 0-22-92 (Reg-
ister 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant
to Government Code section 1 1346.1(h) (Register 92, No. 43). A Certificate of
Compliance must be transmitted to OAL 2-23-93 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of first
paragraph and subsection (c) transmitted to OAL 12-18-92 and filed 2-3-93
(Register 93, No. 6).
§ 3076.2. Recall of Commitment Processing.
(a) Recall of Committnent Processing for Tenninally 111 Inmates.
( 1 ) Requests for a determination that an inmate is terminally ill and that
they be considered for recall of commitment which are initiated by the
facility at any time or by the sentencing court more than 120 days after
the date of coinmitment shall be referred to the inmate' s caseworker, who
shall inform the inmate's treating physician or the facility's chief medical
officer of the request.
(2) For the purpose of this regulation, the facility's chief medical offi-
cer must also concur with the treating physician's prognosis of the in-
mate.
(3) Within three working days of the caseworker advising the chief
medical officer or the inmate's treating physician of the request or of a
medical staff member's discovery of a medical condition appropriate for
eligibility review, the chief medical officer shall determine if the inmate
is terminally ill. This determination shall be documented on a CDC Form
128-C, Chrono-Medical-Psych-Dental, which shall include a descrip-
tion of the inmate's illness, physical condition, estimated life expectancy
and desire to participate in a recall consideration, and which shall be sub-
mitted to the classification and parole representative.
(4) The classification and parole representative shall review the report
and the inmate's central file and consider the criteria listed in section
3076. 1 before recommending recall of commitment consideration for the
inmate.
(5) If the classification and parole representative recommends against
further recall consideration, the reasons shall be documented on a CDC
Form 128-B, Chrono — General (Rev. 4/74), which shall be counter-
signed by the warden or chief deputy warden within three working days
of receipt of the CDC Form 1 28- C. The original CDC Form 1 28-B shall
be filed in the inmate's central file and a copy, excluding any confidential
material as defined in section 3321, sent to the inmate.
(6) If the classification and parole representative determines that the
case warrants recall consideration, the CDC Form 128-C shall be sub-
mitted to the inmate's caseworker, who shall investigate and evaluate the
inmate's suitability for recommendation of recall and document their
evaluation in a report, with the following attachments:
(A) The CDC Form 128-C.
(B) The inmate's cumulative case summary.
(C) A list of any victim notification or other special notification re-
quirements.
(7) The institution's evaluation and recommendation for a Penal Code
section 1 170(d) recall of a terminally ill inmate, if in favor of recall or
equivocal, or in all cases if the evaluation was originally requested by the
sentencing judge or if the inmate's term of imprisonment is under the ju-
risdiction of the Board of Prison Terms pursuant to Penal Code section
1 170.2, shall be signed by the warden or chief deputy warden and for-
warded within twelve working days from the date of the CDC Form
1 28-C to department headquarters, and if the inmate' s term of imprison-
ment is under the jurisdiction of the Board of Prison Terms pursuant to
Penal Code section 1 170.2, to the Board of Prison Terms.
(b) Recall of Commitment Processing for Non-Terminally III In-
mates.
( 1 ) Requests for consideration for recall of commitment which are ini-
tiated by the facility at any time or by the sentencing court more than 120
Page 142
Register 2008, No. 22; 5-30-2008
Title 15 Adult Institutions, Programs and Parole § 3076.2
days after the date of commitment shall be referred to the classification (3) If the classification and parole representative recommends against
and parole representative via the inmate's caseworker. further recall consideration, the reasons shall be documented on a CDC
(2) Upon receipt of the request, the classification and parole represen- Form 128-B, Chrono — General (Rev. 4/74), which shall be counter-
tative shall consider the criteria listed in section 3076. 1 and the inmate's
central file before recommending recall of commitment consideration
for the inmate.
[The next page is 143.]
Page 142.1 Register 2008, No. 22; 5-30-2008
Title 15
Adult Institutions, Programs and Parole
§ 3084.1
signed hy the warden or chief deputy warden. The original CDC Form
1 28-B shall be filed in the inmate's central file and a copy, excluding any
confidential material as defined in section 3321, sent to the inmate.
(4) If the classification and parole representative determines that the
inmate's case warrants recall consideration, the classificafion and parole
representative's findings shall be submitted to the inmate's caseworker,
who shall investigate and evaluate the inmate's suitability for recommen-
dation of recall and document their evaluation in a report, with the fol-
lowing attachments:
(A) The inmate's cumulative case summary.
(B) A list of any victim notification or other special nofification re-
quirements.
(5) The institution's evaluation and recommendation for a Penal Code
section 1 170(d) recall of the inmate, if in favor of recall or equivocal, or
in all cases if the evaluation was originally requested by the sentencing
judge or if the inmate's term of imprisonment is under the jurisdiction of
the Board of Prison Terms pursuant to Penal Code section 1 170.2, shall
be signed by the warden or chief deputy warden and forwarded to depart-
ment headquarters, and if the inmate's term of imprisonment is under the
jurisdicuon of the Board of Prison Terms pursuant to Penal Code section
1 1 70.2, to the Board of Prison Terms.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d),
3043 and 5054, Penal Code.
History
1. New section fded 5-20-92 as an emergency; operative 5-20-92 (Register 92,
No. 21 ). A Certificate of Compliance must be transmitted to OAL 9-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; dis-
approved by OAL and order of repeal of 5-20-92 order filed on 1 0-22-92 (Reg-
ister 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant
to Government Code section 1 1346.1(h) (Register 92, No. 43). A Certificate of
Compliance must be transirdtted to OAL 2-23-93 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order including amendment of sub-
sections (a)(1), (a)(3)-(5) and (b)(2) transmitted to OAL 12-18-92 and filed
2-3-93 (Register 93, No. 6).
§ 3076.3. Victim Notification for Recall of Commitment
Recommendations.
When informed that an inmate's commitment has been recommended
for recall to the court, the inmate's classification and parole representa-
tive shall notify any victim of a crime committed by the inmate, or the
victim's next of kin if the victim has died, provided that the victim or the
victim's next of kin has requested notice of any hearing to review or con-
sider the parole suitability or the setfing of a parole date for the inmate,
and the requesfing party has kept the department or the Board of Prison
Terms apprised of their current mailing address. The notification shall in-
clude the name and address of the court that will consider recall.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1170(d),
3043 through 3043.3 and 5054, Penal Code.
History
1. New section filed 5-20-92 as an emergency; operative 5-20-92 (Register 92,
No. 21 ). A Certificate of Compliance must be transmitted to OAL 9-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-20-92 order transmitted to OAL 9-9-92; dis-
approved by OAL and order of repeal of 5-20-92 order filed on 1 0-22-92 (Reg-
ister 92, No. 43).
3. New section refiled 10-23-92 as an emergency; operative 10-22-92 pursuant
to Government Code section 1 1346.1(h) (Register 92, No. 43). A Certificate of
Compliance must be transmitted to OAL 2-23-93 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-23-92 order transmitted to OAL 12-18-92
and filed 2-3-93 (Register 93, No. 6).
Comment: Former DP- 1701, policy, general.
§3081. Compliance.
Inmates who are granted a furlough or temporary leave must comply
with all departmental rules and regulations governing such programs;
with any condidons for approval; and, with all applicable laws; and must
meet eligibility requirements in accordance with departmental proce-
dures and Sections 2690, 2691, 6250 et seq., 6263 of the Penal Code and
Section 3306 of the Welfare and Institutions Code.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections
6250-6253 and 6260, Penal Code; and Section 3306, Welfare and Institutions
Code.
History
1. Amendment filed 3-2-83; effective thirtieth day thereafter (Register 83, No.
12).
§ 3082. Temporary Leaves.
Temporary leaves will be granted only for inmates who meet the crite-
ria for such leaves, as prescribed in guidelines established by the director,
for the following reasons:
(a) Family Emergency. Emergency leaves will normally be consid-
ered only for attendance at services for deceased members of the inmate's
immediate family, and for visits to critically ill members of the inmate's
immediate family. Immediate family members are defined in section
3000.
(b) Prerelease Planning. Prerelease planning leaves may be considered
for the purpose of employment interviews, making residential plans and
for other reasons closely connected to release programs. A prerelease
leave will not normally be granted earlier than 63 days before the inmate
has an established or reasonably anticipated release date nor any earlier
than is required to accomplish the purpose of a prerelease leave.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2690 and
5054, Penal Code.
History
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
12).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
3. Amendment of subsection (b) filed 9-24-81 ; effecdve thirtieth day thereafter
(Register 81, No. 39).
4. Change without regulatory effect amending subsection (a) filed 1 2-2-2003 pur-
suant to section 100, dtle 1 , California Code of Regulations (Register 2003, No.
49).
§ 3083. Court Hearing on Inmate's Children.
Upon a court order, inmates will be released to the custody of the sher-
iff for appearance in court in actions concerning termination of parental
rights of an inmate or other parental or marital rights.
History
L Editorial correction of printing error (Register 92, No. 5).
Article 8. Appeals
Article 7. Furloughs and Temporary Leave
§ 3080. Administration.
Institution and parole division staff will administer inmate work and
educational furloughs and temporary community release programs in a
prudent manner, and in keeping with the basic need for public protection.
§ 3084. Definitions.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and
filed 10-10-89 (Register 89, No. 41).
3. Change without regulatory effect repealing section filed 10-29-90 pursuant to
section 100, dtle 1, California Code of Regulations (Register 91, No. 6).
§ 3084.1 . Right to Appeal.
(a) Any inmate or parolee under the department's jurisdiction may ap-
peal any departmental decision, action, condifion, or policy which they
can demonstrate as having an adverse effect upon their welfare. The deci-
sions of the Departmental Review Board which serve as the director's
level decision, are not appealable and conclude the inmate's or parolee's
departmental administrative remedy pursuant to section 3376.1.
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§ 3084.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(b) Institution stalT shall provide the assistance necessary to ensure
that inmates who have difficulty communicating in written English have
access to the appeal process.
(c) The department shall ensure departmental appeal forms and forms
prescribed by the Board of Parole Hearings, the Narcotic Addict Evalua-
tion Authority, the Prison Industry Authority, and the Joint Venture Pro-
gram for appeal of decisions, actions, or policies within their jurisdic-
tions, are readily available to all inmates and parolees.
(d) No reprisal shall be taken against an inmate or parolee for filing an
appeal. This shall not prohibit appeal restrictions against an inmate or pa-
rolee abusing the appeal process as defined in section 3084.4.
(e) An appeal alleging misconduct by a departmental peace officer as
defined in section 329 1 (b) shall be accompanied by a Rights and Respon-
sibility Statement as shown in section 3391(d). Failure to submit this
form will be cause for rejecting the appeal, in accordance with section
3084.3(c)(5).
NOTIi: Authority cited: Section 5038, Penal Code. Reference: Sections 148.6.
832.5 and 5054, Penal Code; and Cliuker v. Crogcin (9th Cir 2005), 428 F.3d 1215.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 2 1 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 9-15-89. For prior history, see
section 3003.
2. Certificate of Compliance as to 5-1 8-89 order including a clarifying change of
subsection (b) transmitted to OAL 9-7-89 and filed 1 0-10-89 (Register 89, No.
41).
3. Amendment of subsection (a) filed 1-16-92; operative 2-17-92 (Register 92,
No. 13).
4. Amendment of subsections (a) and (d), new subsection (e), and amendment of
Note filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No.
52). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must
be transmitted to OAL by 6-2-97, or emergency language will be repealed by
operation of law on the following day.
5. Amendment of subsecfions (a) and (d), new subsection (e), and amendment of
NOTH refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22).
A Certificate of Compliance must be transmitted to OAL by 9-30-97 or emer-
gency language will be repealed by operation of law on the following day.
6. Editorial correction of History 5 (Register 97, No. 24).
7. Certificate of Compliance as to 5-29-97 order, including amendment of subsec-
tions (a) and (e), transmitted to OAL 9-25-97 and filed 1 1-7-97 (Register 97,
No. 45).
8. Amendment of subsecfion (c) filed 9-13-2005; operadve 9-13-2005 pursuant
to Government Code section 1 1343.4 (Register 2005, No. 37).
9. Amendment of subsection (e) and amendment of Note filed 1 1-3-2006 as an
emergency; operative 11-3-2006 (Register 2006, No. 44). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 4-12-2007 or emergency language will be repealed by operation of law on
the following day.
10. Certificate of Compliance as to 11-3-2006 order transmitted to OAL
3-12-2007 and filed 4-19-2007 (Register 2007, No. 16).
§ 3084.2. Appeal Preparation.
(a) Form requirement. The appellant shall use a CDC Form 602 (rev.
1 2-87), Inmate/Parolee Appeal Form, to describe the problem and action
requested. Initial requests or grievances based on a disability as defined
in Title 42, U.S.C. section 12102 shall be filed pursuant to section 3085.
( 1 ) A limit of one continuation page, front and back, may be attached
to the appeal to describe the problem and action requested in sections A
and B of the form.
(2) Only supporting documentation necessary to clarify the appeal
shall be attached to the appeal.
(b) Informal attempt prerequisite. The inmate or parolee shall attempt
to resolve the grievance informally with the involved staff, unless ex-
cepted by sections 3084.5(a)(3) and 3084.7.
(c) Place of filing. At the formal levels, the appeal shall be forwarded
to the appeals coordinator within the time limits prescribed in section
3084.6.
(d) Appellant submittal. An inmate or parolee shall not submit an ap-
peal on behalf of another inmate or parolee, except as provided in subsec-
tion (f). An inmate, parolee or other person may assist another inmate or
parolee with preparation of an appeal unless the act of providing such as-
sistance would create an unsafe or unmanageable situation.
(e) Limit of system. The department's appeal procedure shall not be
used to appeal the decisions or actions of other agencies, except as pro-
vided by section 3084.7.
(f) Group appeal. If a group of inmates intend to appeal a decision, ac-
tion, or policy affecting all members of the group, one appeal form with
the name and departmental identification number of the inmate who pre-
pared the appeal shall be submitted.
(1) A legible list of the participating inmates" names, signatures, de-
partmental identification numbers, and housing shall be attached to the
appeal.
(2) The inmate submitting the appeal shall be responsible for sharing
the written response with the inmates who signed the appeal attachment.
(3) If the inmate submitting the appeal is transferred or released, re-
sponses shall be directed to the first or next inmate on the appeal list at-
tachment, who shall be responsible for sharing the response with the oth-
er inmates identified on the attachment.
(g) Multiple appeals of the same issue. If more than one appeal regard-
ing the same issue is received.
(1) All such appeals shall be logged.
(2) A written response shall be given to the original appellant.
(3) A copy of the response, with the original appellant's name and
number removed, shall be given to each of the other appellants.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfions 832.5 and
5054, Penal Code; Americans With Disabihties Act, Public Law 101-336. July 26,
1990, 104 Stat. 328; and Secfion 35.107, Title 28, Code of Federal Regulations.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and
filed 10-10-89 (Register 89. No. 41).
3. New subsection (g) filed 5-6-92 as an emergency; operative 5-6-92 (Register
92, No. 19). A Certificate of Compliance must be transmitted to OAL 9-3-92
or emergency language will be repealed by operadon of law on the following
day.
4. Cerfificate of Compliance as to 5-6-92 order transmitted to OAL 8-3 1-92 and
filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsecfion (a) and Note filed 4-7-95 as an emergency pursuant
to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A Certifi-
cate of Compliance must be transmitted to OAL by 9-14-95 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and
filed 7-25-95 (Register 95, No. 30).
7. Amendment of subsections (a)(1), (a)(2), (c) and (0(1) filed 12-23-96 as an
emergency; operafive 12-23-96 (Register 96, No. 52). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
6-2-97, or emergency language will be repealed by operation of law on the fol-
lowing day.
8. Amendment of subsections (a)(1), (a)(2), (c) and (f)(1) refiled 5-29-97 as an
emergency; operative 6-2-91 (Register 97, No. 22). A Certificate of Com-
pliance must be transmitted to OAL by 9-30-97 or emergency language will be
repealed by operation of law on the following day.
9. Editorial correcfion of History 8 (Register 97, No. 24).
10. Certificate of Compliance as to 5-29-97 order, including amendment of sub-
secfion (c), transmitted to OAL 9-25-97 and filed 1 1-7-97 (Register 97, No.
45).
§ 3084.3. Screening Appeals.
(a) Appeals coordinator. Each institution head and parole region ad-
ministrator shall designate an appeals coordinator, at a staff position level
no less than correctional counselor II or parole agent II, who shall prior
to acceptance for review screen and categorize each appeal originating
in their area for compliance with these regulations, and shall coordinate
the processing of appeals.
(b) Unclear appeal issue.
(1) When a group appeal is received, one or more of the participating
inmates shall be interviewed to clarify the issue under appeal.
(2) When multiple appeals of the same issue are received, the original
appellant and, as needed for clarification of issues, one or more of the oth-
er appellants shall be interviewed.
(3) When an appeal indicates the appellant has difficulty describing
the problem in writing or has a primary language other than English, the
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Title 15
Adult Institutions, Programs and Parole
§ 3084.5
appeals coordinator shall arrange an interview with the appellant to pro-
vide assistance in clarifying or completing the appeal.
(c) Rejection criteria. An appeal may be rejected for any of the follow-
ing reasons:
(1 ) The action or decision being appealed is not within the jurisdiction
of the department.
(2) The appeal duplicates the appellant's previous appeal upon which
a decision has been rendered or is pending.
(3) The appeal concerns an anticipated action or decision.
(4) The appellant has not included evidence of attempt to resolve the
grievance at the informal level, unless the informal level is waived by
these regulations.
(5) The appeal is incomplete or necessary supporting documents are
not attached.
(6) Time limits for submitting the appeal are exceeded and the appel-
lant had the opportunity to tile within the prescribed time constraints.
(7) The appeal is filed on behalf of another inmate or parolee, except
as provided in section 3084.2(f).
(8) The appeal constitutes an abuse of the appeal process pursuant to
section 3084.4.
(d) Written rejection. When rejecting an appeal, the appeals coordina-
tor shall complete an Appeals Screening Form, CDC Form 695 (rev.
5-83), explaining why the appeal is unacceptable. If rejection is based on
improper documentation, the form shall provide clear instructions re-
garding further action the inmate must take to qualify the appeal for pro-
cessing.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and
5054, Penal Code.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5- 1 8-89 order transmitted to OAL 9-7-89 and
filed 10-10-89 (Register 89, No. 41).
3. Amendment of subsecfion (b) and new subsections (b)(l)-(2) filed 5-6-92 as
an emergency; operative 5-6-92 (Register 92, No. 19). A Certificate of Com-
pliance must be transmitted to OAL 9-3-92 or emergency language will be re-
pealed by operation of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL 8-31-92 and
filed 10-7-92 (Register 92, No. 41).
5. Amendment of subsecfion (a) filed 12-23-96 as an emergency; operafive
12-23-96 (Register 96, No. 52). Pursuant to Penal Code section 5058(e), a Cer-
tificate of Compliance must be transmitted to OAL by 6-2-97, or emergency
language will be repealed by operation of law on the following day.
6. Amendment of subsection (a) refiled 5-29-97 as an emergency; operative
6-2-97 (Register 97, No. 22). A Certificate of Compliance must be transmitted
to OAL by 9-30-97 or emergency language will be repealed by operation of law
on the following day.
7. Editorial correction of History 6 (Register 97, No. 24).
8. Certificate of Compliance as to 5-29-97 order transmitted to OAL 9-25-97 and
filed 1 1-7-97 (Register 97, No. 45).
§ 3084.4. Appeal System Abuse.
(a) Excessive filings. One appellant's submission of more than one
non-emergency appeal within a seven-calendar-day period shall be
considered excessive.
( 1 ) When an appellant submits excessive appeals, the first appeal re-
ceived shall be processed normally and all subsequent non-emergency
appeals filed within the seven-calendar-day period by that individual
shall be suspended.
(2) The appeals coordinator shall consult with the chief, inmate ap-
peals, who shall determine further action to be taken on the suspended
appeals.
(3) Upon determination of abuse, the chief, inmate appeals, shall au-
thorize the appeals coordinator to prepare a notice restricting the inmate
to one appeal per month for six consecutive months.
(4) Any subsequent violations of the appeal restriction shall result in
an extension of the restriction for an additional six month period.
(b) Inappropriate statements. An appeal containing false information,
or profanity or obscene language shall be rejected.
(c) Excessive verbiage. Appeals in which the grievance or problem
cannot be understood or is obscured by pointless verbiage or voluminous
unrelated documentation shall be rejected, except as provided in sections
3084.1(b) and 3084.3(b).
(d) Lack of cooperation. An appellant's refusal to be interviewed or
cooperate with the reviewer shall result in cancellation of the appeal.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 832.5 and
5054. Penal Code.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be tran.smitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-1 8-89 order including a clarifying change of
subsections (a) and (b) transmitted to OAL 9-7-89 and filed 10-10^89 (Regis-
ter 89, No. 41).
3. Amendment of subsections (a), (a)( 1 ) and (a)(3), repealer and new sub.section
(a)(4), and amendment of subsections (b) and (d) filed 12-23-96 as an emergen-
cy; operafive 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97,
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsections (a), (a)(1) and (a)(3), repealer and new subsection
(a)(4). and amendment of subsections (b) and (d) refiled 5-29-97 as an emer-
gency; operafive 6-2-97 (Register 97, No. 22). A Certificate of Compliance
must be transmitted to OAL by 9-30-97 or emergency language will be re-
pealed by operation of law on the following day.
5. Editorial correction of HiST(mY 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment of subsec-
fion (d), transmitted to OAL 9-25-97 and filed 1 1-7-97 (Register 97, No. 45).
§ 3084.5. Levels of Appeal Review and Disposition.
(a) Informal level. The informal level is that at which the appellant and
staff involved in the action or decision attempt to resolve the grievance
informally.
(1) Unless excepted pursuant to subsection (3) evidence of an attempt
to obtain informal level review is required before an appeal may be ac-
cepted for formal review.
(2) When an appellant attempts to resolve an appeal at the informal
level, the employee contacted by the appellant shall review and if practi-
cal resolve the grievance. The employee shall report the action taken in
the response space provided on the appeal form, and shall sign and date
the form.
(3) The informal level shall be waived for appeal of:
(A) Classification committee actions.
(B) Serious disciplinary infractions.
(C) Classification staff representative actions.
(D) Departmental regulations, policies, or operational procedures.
(E) Exceptional circumstances defined in section 3084.7.
(F) Any action which the appeals coordinator determines cannot be re-
solved informally.
(G) Alleged misconduct by a departmental peace officer.
(H) The denial of disabled inmate or parolee requests for reasonable
modification or accommodation filed on CDC Form 1824 (1/95), Rea-
sonable Modification Or Accommodation Request, pursuant to section
3085.
(b) First formal level. All appeals shall be initially filed and screened
at the first level. The appeals coordinator may bypass the first formal lev-
el for appeal of:
(1) A policy or procedure implemented by the institution head.
(2) A policy, procedure or regulation implemented by the department.
(3) An issue which cannot be resolved at the division head's level; e.g.,
appeal of a regular transfer.
(4) Serious disciplinary infractions.
(c) Second formal level. Second level is for review of appeals denied
at first level or for which first level is otherwise waived by these regula-
tions. The second formal level, with the exception provided in section
3084.7(d)(4)(B), shall be completed prior to the appellant filing al the
third formal level.
(d) Third formal level. Third level is for review of appeals not resolved
at second level with the exception provided in secdon 3084.7(d)(4)(B).
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§ 3084.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(e) Appeal review. Formal appeals shall not be reviewed by a staff per-
son who participated in the event or decision being appealed, or who is
of lower administrative rank than any participating staff, or who partici-
pated in review of a lower level appeal refiled at a higher level.
( 1 ) Second level review shall be conducted by the institution head or
regional parole administrator, or their designee. Institution heads and re-
gional parole administrators are not prohibited from reevaluating their
own decisions or actions at the second level, and shall respond to appeals
filed against them personally for allegations of peace officer misconduct.
(2) Third level review constitutes the director's decision on an appeal,
and shall be conducted by a designated representative of the director un-
der supervision of the chief, inmate appeals.
(0 Interview requirements. A personal interview shall be conducted
with the appellant at the first level of review unless:
(1) First level was waived. In such case a personal interview shall be
conducted with the appellant at the second level.
(2) The reviewer has decided, before interviewing the appellant, to
grant the appeal.
(3) The appellant is not present at the institution where the appeal was
filed. In such case, a telephone interview with the appellant shall meet the
interview requirement.
(A) If the appeal concerns a disciplinary action, the telephone inter-
view may be waived if the appeals coordinator determines an interview
would not provide additional facts.
(B) If the appellant is not available for telephone interview, the review-
er shall request the caseworker in the jurisdiction where the appellant is
located to complete the interview and provide a written report.
(g) Written response. At each level of review not waived, the original
appeal shall be returned to the appellant with a written response stating
the appeal issue and reasons for the decision.
(h) Disciplinary appeals. When procedural or due process require-
ments provided inmates in disciplinary proceedings have been violated,
one of the following remedies shall be considered:
( 1 ) The original disposition shall be vacated and the charges dismissed
if the reviewer determines that the findings of the disciplinary hearing
were not supported by the evidence presented at the hearing and any of
the following circumstances are evident:
(A) The charge was based on information later determined to be false
or unsubstantiated.
(B) A new hearing would not likely produce additional information.
(C) Elapsed time makes it unlikely the accused can present an ade-
quate defense.
(D) Witnesses whose absence would prevent the accused from pres-
enting an adequate defense are no longer available.
(2) The original disposition shall be vacated and a new hearing ordered
if the reviewer determines that any of the following requirements were
not met:
(A) The accused was not given copies of required documents within
specified time limits before the hearing and did not waive the time limits.
(B) The charges were based on confidential information and the ac-
cused was not given a copy of the CDC Form 1030 (Rev. 12/86), Confi-
dential Information Disclosure.
(C) Confidential information was used and the disciplinary findings
did not address the reliability of the source and the validity of the infor-
mation.
(D) The accused was denied witnesses, or when security was an issue,
denied statements of witnesses which would, in the opinion of the re-
viewer, have contributed significant information.
(E) The accused was not allowed to speak or present documentation
in their own defense.
(F) The accused was not assigned a staff assistant or interpreter if re-
quired.
(G) An investigative employee was not assigned if required, or if as-
signed, the investigative employee did not adequately perform their task
and it appears that such an investigation would have assisted the accused
or hearing officials.
(3) When a disciplinary charge is ordered reheard, a new CDC Form
il5 shall be written and processed. The disciplinary time constraints
shall begin on the date the new CDC Form 1 15 is written except when an
inmate is being returned to a facility for a disciplinary rehearing, the time
constraints shall begin upon the inmate's return to that facility.
(i) Delay in Disposition. An administrator may delay for up to 90 days
the implementation of a decision affecting an appellant when such delay
will not threaten institution security, the safety of any person, or create
a serious operational problem.
NOTE: Authority cited: Section 50.S8, Penal Code. Reference: Sections 832.5 and
50.S4, Penal Code: Americans With Disabilities Act. Public Law 101-336, July 26,
1990, 104 Stat. 328; and Section 3.5.107, Title 28, Code of Federal Regulations.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-1 5-89. For prior history, see
section 3003(a) and (b").
2. Certificate of Compliance as to 5-1 8-89 order including amendment of subsec-
tions (a) and (g) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89,
No. 41).
3. New subsection (a)(3)(F), amendment of subsection (b), new subsections (g)
and (h), and relettering of subsection (g) to (i) filed 5-6-92 as an emergency;
operative 5-6-92 (Register 92, No. 19). A Certificate of Compliance must be
transmitted to OAL 9-3-92 or emergency language will be repealed by opera-
tion of law on the following day.
4. Certificate of Compliance as to 5-6-92 order transmitted to OAL 8-3 1-92 and
filed 10-7-92 (Register 92, No. 41).
5. New subsection (a)(3)(G) filed 2-1-93 as an emergency; operafive 2-1-93
(Register 93, No. 6). A Certificate of Compliance must be transmitted to OAL
6-1-93 or emergency language will be repealed by operation of law on the fol-
lowing day.
6. Certificate of Compliance as to 2-1-93 order transmitted to OAL 5-20-93 and
filed 6-8-93 (Register 93, No. 24).
7. New subsection (a)(3)(H) and amendment of Note filed 4-7-95 as an emergen-
cy pursuant to Penal Code secUon 5058; operafive 4-7-95 (Register 95, No. 1 4).
A Certificate of Compliance must be transmitted to OAL by 9-14-95 or emer-
gency language will be repealed by operafion of law on the following day.
8. New subsection (b)(4) filed 5-5-95; operafive 6-5-95 (Register 95, No. 18).
9. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and
filed 7-25-95 (Register 95, No. 30).
10. Amendment of subsecfions (c), (d) and (e)(1) filed 12-23-96 as an emergency;
operafive 12-23-96 (Register 96, No. 52). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL by 6-2-97,
or emergency language will be repealed by operafion of law on the following
day.
1 1 . Amendment of subsecfions (c), (d) and (e)( 1 ) refiled 5-29-97 as an emergen-
cy; operafive 6-2-97 (Register 97, No. 22). A Certificate of Compliance must
be transmitted to OAL by 9-30-97 or emergency language will be repealed by
operation of law on the following day.
12. Editorial correcfion of History 1 1 (Register 97, No. 24).
13. Certificate of Compliance as to 5-29-97 order transmitted to OAL 9-25-97
and filed 11-7-97 (Register 97, No. 45).
§ 3084.6. Appeal Time Limits.
(a) Commencement. Time limits for submitting or reviewing appeals
shall commence upon the date of receipt of the appeal document by the
appeals coordinator or the appellant.
(b) Departmental response. Appeals shall be responded to and re-
turned to the appellant by staff within the following time limits:
( 1 ) Informal level responses shall be completed within ten working
days.
(2) First level responses shall be completed within 30 working days.
(3) Second level responses shall be completed within 20 working days,
or 30 working days if first level is waived pursuant to section 3084.5
(a)(3).
(4) Third level responses shall be completed within 60 working days.
(5) Exception is authorized in the event of:
(A) Unavailability of the appellant, or staff or inmate witnesses.
(B) Complexity of the decision, action, or policy.
(C) Necessary involvement of other agencies or jurisdictions.
(6) Except for the third formal level, if an exceptional delay prevents
completion of the review within specified time limits, the appellant shall
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Title 15
Adult Institutions, Programs and Parole
§ 3084.7
be informed in writing of the reasons for the delay and the estimated com-
pletion date.
(c) Inmate or parolee response. An appellant must submit the appeal
within 15 working days of the event or decision being appealed, or of re-
ceiving an unacceptable lower level appeal decision.
NOTi;; Authority cited: Section 5058, Penal Code. Reference: Sections 832.5 and
5054, Penal Code; Sections 19572, 19583.5 and 19635. Government Code; and
Brown v. State Personnel Board (1985, 3d Dist), 166 Cal App 3d 1 151, 213 Cal
Rptr53.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-15-89.
2. Certificate of Compliance as to 5-1 8-89 order including amendment of subsec-
tion (b) transmitted to OAL 9-7-89 and filed 10-10-89 (Register 89, No. 41 ).
3. Amendment of subsections (b)( 1 )-(5). repealer and new subsection (b)(6)(D),
amendment of subsections (b)(7) and (c), and repealer of sub.secfions (c)(1) and
(c)(2) filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No.
52). Pursuant to Penal Code section 5058(6), a Certificate of Compliance must
be transmitted to OAL by 6-2-97, or emergency language will be repealed by
operadon of law on the following day.
4. Amendment of subsections (b)(l)-(5), repealer and new subsection (b)(6)(D),
amendment of subsecdons (b)(7) and (c), and repealer of subsection (c)(1) and
(c)(2) refiled 5-29-97 as an emergency; operadve 6-2-97 (Register 97, No.
22). A Certificate of Compliance must be transmitted to OAL by 9-30-97 or
emergency language will be repealed by operation of law on the following day.
5. Editoiial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment, trans-
mitted to OAL 9-25-97 and filed 1 1-7-97 (Register 97, No. 45).
§ 3084.7. Exceptions to the Regular Appeals Process.
(a) Emergency Appeals. Usual time limits for staff response shall not
apply to emergency appeals, which shall be resolved in the shortest prac-
tical time.
(1) When circumstances are such that the regular appeal time limits
may result in a threat to the appellant's safety or cause other serious and
irreparable harm, the appeal shall be processed as an emergency appeal.
Such circumstances include, but are not limited to:
(A) Need for protective custody.
(B) Decision was made to transfer the appellant to an institution hous-
ing an enemy.
(C) The appellant was scheduled for parole within 15 calendar days
and is appealing a serious disciplinary action resulting in credit loss ex-
tending the release date.
(2) The appeal shall be submitted directly to the appeals coordinator
and include substantiation of circumstances warranting emergency pro-
cessing of the appeal.
(A) If the appeals coordinator determines emergency processing is un-
warranted, the inmate shall be notified and the appeal shall be processed
as a regular appeal.
(B) If emergency processing is warranted, the first level shall be
waived and the second level review shall be completed within five work-
ing days.
(C) If dissatisfied with the second level response, the appellant may
resubmit the appeal to the appeals coordinator who shall telefax it to the
chief, inmate appeals, for a third level review which shall be completed
within five working days.
(b) Disciplinary Appeals.
( 1 ) A second level review shall constitute the department's final action
on appeals of disciplinary actions classified as "administrative" pursuant
to section 3314; and Custodial Counseling Chronos, CDC Form 128-A
(rev. 4-74), documenting minor disciplinary infractions pursuant to sec-
tion 3312(b).
(2) Appeals of disciplinary actions classified as "serious" pursuant to
section 3315, where credit loss is a sanction, may be appealed through
the third level. Within 15 working days of receipt of the department's
third level denial of a disciplinary credit loss appeal, the appellant may
demand a Board of Prison Terms review. The appellant shall submit the
written demand for such review, with a copy of the department' s final de-
cision, to the institution's classification and parole representafive or the
parole region's appeals coordinator who shall within five working days
forward the material to the Board.
(c) Combined Disciplinary and Parole Rescission Hearing Appeals.
(1) When the outcome of a pending disciplinary hearing may impact
a Board of Prison Terms' parole rescission hearing on the same individu-
al, a combined hearing may be held wherein the evidence is considered
by both departmental and Board staff in arriving at their separate deci-
sions.
(2) When any aspect of a combined disciplinary and parole rescission
hearing is appealed, first and second level review shall be waived. The
appeal shall be forwarded to the chief, inmate appeals, for a combined
review by the department and the Board of Prison Terms.
(d) Transfer Appeals. A decision for transfer to another institution may
be appealed by the affected inmate after endorseinent by the classifica-
tion staff representative.
(1) Filing of an appeal of a transfer decision shall not normally be
cause to stay or delay a transfer.
(2) Regular transfer appeals:
(A) Informal and first level of appeal shall be waived.
(B) If the appeal is granted at second level, the appellant's case shall
be presented to a second classification staff representative for reconsider-
ation.
(C) If the second classification staff representative disagrees with sec-
ond level appeal response, the institution head may submit the case to the
departmental review board for final decision.
(D) If the appeal is denied at second level or the institution head does
not refer the case to the departmental review board, the appellant may ap-
peal at the third level.
(3) Reception center transfer appeals:
(A) The informal level shall be waived.
(B) First level review shall be conducted by the reception center's cor-
rectional adiTiinistrator.
(C) If the appeal is granted, the appellant may be retained at the recep-
tion center until the case is presented to a second classification staff rep-
resentative for reconsideration.
(D) If the second classification staff representative disagrees with the
first level appeal decision, the appellant may resubmit the appeal for sec-
ond level review.
(E) Second level review shall be conducted by the institution head,
who may retain the appellant at the reception center as a second level re-
view action and refer the appeal to the departmental review board for res-
olution. The board's decision shall constitute final review.
(F) If the appeal is denied at first or second level, the appellant may
appeal at the third level.
(4) Involuntary transfer to the California Medical Facility or Atascad-
ero State Hospital:
(A) Following a hearing on the psychiatric need for an involuntary
transfer to the California Medical Facility or Atascadero State Hospital,
the inmate shall be provided with a copy of the written decision pursuant
to Section 3379(d).
(B) The inmate may appeal the written decision, directly to the third
level, within 30 calendar days of receipt of the decision.
(C) A copy of the hearing decision shall be attached to the appeal.
(e) Lost or damaged personal property appeals.
(1) All property loss or damage arising from the same event or action
shall be included in one appeal.
(2) Replacement or restoration of property.
(A) An attempt shall be made by staff to use local resources to substi-
mte for, or replace lost property at no cost to the state, or to repair the item
at institution expense.
(B) An appellant's refusal to accept repair, replacement, or substitu-
tion of like items and value shall be cause to deny the appeal.
(3) The document denying a property claim appeal at the third level
shall inform the appellant of the right to file a claim directly with the
board of control, and shall provide instructions for such filing.
Page 147
Register 2006, No. 49; 12-8-2006
§ 3084.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) Reimbursement for loss. The reimbursement shall not exceed the
limit imposed by property procedures and regulations (Subchapter 2, Ar-
ticle 9, Personal Property).
(A) Reimbursements for $100 or less shall require endorsement at ei-
ther the second or third level of review.
(B) Reimbursements for more than $100 shall require both third level
endorsement and Board of Control approval.
(C) Before payment of any granted claim, the appellant shall sign an
Inmate/Parolee Board of Control Release Form. CDC Form 813 (rev.
2-86), discharging the state from further liability for the claim pursuant
to Government Code section 965. The appellant shall be provided with
a copy of the completed form.
(0 Re-Entry or Work Furlough Placement and Parole to County of
Commitment Appeals. An inmate pending release to the community and
dissatisfied with a parole staff decision regarding the release program or
the location of placement may submit an appeal requesting administra-
tive review of the decision.
( 1 ) Re-entry or work furlough placement appeals.
(A) The informal level. Appeal of denial of placement into specific re-
entry or work furlough locations shall be submitted by the appellant to
the institution caseworker who prepared Section A of the Release Pro-
gram Study, CDC Form 61 1 (rev. 10-88). The caseworker shall compare
the assigned parole region's reasons for denial with the facts contained
in the inmate's central file, interview the inmate, and record all informa-
tion obtained on a CDC Form 128-B (rev. 4-74).
(B) The first level appeal shall be submitted to the appeals coordinator
of the parole region where the denial of placement was made. A copy of
the CDC Form 128-B (rev. 4-74) shall be attached to the appeal.
(C) The supervisor of the staff person who denied placement shall con-
duct the first level review and the regional parole administrator or desig-
nee shall conduct the any second level review.
(2) Return to county of commitment appeals.
(A) An appeal concerning parole to county of commitment shall not
be accepted until the Release Program Study, CDC Form 611 (rev.
10-88), has been completed and returned to the institution.
(B) The appeal shall be sent to the appeals coordinator of the parole
region where such study was completed. The informal level of review
shall be waived.
(C) The assistant regional parole administrator shall provide the first
level review and the regional parole administrator shall provide the sec-
ond level review, if any.
(D) The inmate may appeal to third level if dissatisfied with second
level response.
(g) Conditions of Parole Appeals. An inmate dissatisfied with condi-
tions of parole imposed by departmental staff may submit an appeal re-
questing removal or change of the conditions.
( 1 ) Within 1 5 working days following receipt of the decision outlining
conditions of parole, the appellant shall submit the appeal form directly
to the appeals coordinator of the parole region where the case is assigned.
(2) The informal and first level reviews shall be waived. The appeals
coordinator shall forward the appeal to the regional parole administrator
for second level review.
(3) An appellant dissatisfied with second level review decision, may
file the appeal at third level.
(4) An appellant dissatisfied with a third level review decision may
submit the appeal to the Board of Prison Terms pursuant to 15 CCR sec-
lions 2525 and 2526.
(h) Parole Period and Term Computation Appeals.
(1) Informal level review.
(A) The appellant shall submit the appeal to the records office for re-
search and documenting of the relevant case facts. The appellant shall be
provided a copy of the findings.
(B) The document recording denial of an appeal shall be hand-deliv-
ered to the appellant, who shall sign and date an Acknowledgement of
Receipt, CDC Form 1031 (rev. 8-88).
(2) Formal appeal.
(A) The appellant may then submit to the appeals coordinator an ap-
peal requesting a compulation review hearing.
(B) First level review shall be waived. The computation review hear-
ing shall consdtule the second level of review.
(C) The case records manager or supervisor shall conduct a computa-
tion review hearing within 15 days following receipt of the appeal.
1 . The inmate/parolee shall be notified at least 24 hours prior to the
hearing via the CDC Form 1 032 (Rev. 1 2/86), Notice of Time, Date and
Place of Computation Review Hearing.
2. The hearing shall be held during the inmate's nonassigned hours.
(D) Upon staff determination an error exists which the department
lacks authority to change, the appeal shall be granted and the appeal re-
ferred to the appropriate agency for disposition.
(E) The appellant shall be provided a copy of the Computation Review
Hearing Decision. CDC Form 1033 (rev. 8-88), at the conclusion of the
hearing.
(F) The appellant may submit the appeal to third level if dissatisfied
with second level response.
(i) Prison Industry Authority Health and Safety Grievances.
( 1 ) An appellant who believes a health or safety hazard exists in a pris-
on industry operation shall submit the written grievance to the prison in-
dustry safety committee.
(2) If an industrial safety appeal is denied at the third level, the inmate
may file an appeal with the labor commissioner as prescribed by the Divi-
sion of Industrial Safety.
(3) If the inmate believes any act of reprisal resulted from the griev-
ance, an appeal of the alleged reprisal may be filed through the depart-
ment's normal appeal process.
(j) Civil Addict or Releasee Appeal.
(1) Civil addicts or releasees may appeal a staff recommendation for
exclusion from the civil addict program, unless the recommendation is
based on a commitment to prison, deportation or releasee-at-large sta-
tus.
(2) If an appeal is not received prior to the end of the 1 5th calendar day
from an appellant's receipt of written noUce of the recommendation to
exclude, all prepared documentation shall be forwarded to the commit-
ting court.
(3) The second level review shall be the final review.
(4) Time constraints for releasee appeals are:
(A) The assistant regional parole administrator shall complete the first
level review within ten working days.
(B) The regional parole administrator shall complete the second level
review within 15 working days.
(k) DisabiUty Grievances. An inmate or parolee with a permanent dis-
ability who is requesdng a reasonable modificafion or accommodation
who has a discrimination complaint or grievance based on a permanent
disability shall follow the procedures described in section 3085. For the
purpose of this section, permanent disability shall mean a disability/con-
dition that is expected to last longer than six months.
(/) Movie/Video Selecfion or Exclusion Appeals.
(1) Movies/videos which have been given a rating of other than "G,"
"PG," or "PG-13" by the Motion Picture Association of America shall
not be approved for general inmate viewing, and will not be accepted for
appeal.
(2) The informal and first level of appeal shall be waived for appeals
related to the selection or exclusion of a "G," "PG," or "PG-13" rated or
non-rated movie/video for viewing.
(3) An appellant dissatisfied with the second level review decision
may file the appeal at third level.
(m) Joint Venture Program Employer Related Grievances.
(1) Any current or former Joint Venture Program inmate-employee
who believes he/she has a grievance regarding a wage and hour or retali-
ation claim against a Joint Venture Employer shall submit the written
grievance to the Joint Venture Program Chief.
Page 148
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3085
(2) The Joint Venture Program Chief shall attempt to resolve all com-
plaints.
(3) Time frames for filing grievances will be governed by the Division
of Labor Standards Enforcement's (DLSE) statutes of limitations, in-
cluding but not limited to Labor Code Section 98.7 and Code of Civil Pro-
cedure Sections 337, 338 and 339, for the appropriate type of complaint.
(4) If the inmate is dissatisfied with the Joint Venture Program Chiefs
decision, the inmate may file a complaint with the Labor Commissioner.
NOTE: Authority cited: Section 5058 and 10006(b), Penal Code. Reference: Sec-
tions 832.5, 5054 and 10006(b). Penal Code; Section 19583.5, Government Code:
Woljf V. McDonnell (1974) 418 U.S. 539, 558-560: Americans With Disabilities
Act, Public Law 101-336, July 26, 1990, 104 Stat. 328; Section 35.107, Title 28,
Code of Federal Regulations; Section 98.7, Labor Code; and Sections 337, 338 and
339, Code of Civil Procedure.
History
1. New section filed 5-18-89 as an emergency; operative 5-18-89 (Register 89,
No. 21 ). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 9-1 5-89. For prior history, see
section 3325(c).
2. Certificate of Compliance as to 5-1 8-89 order includine amendment of subsec-
tions (a) and (d) transmitted to OAL 9-7-89 and filed 1 0-1 0-89 (Register 89,
No. 41).
3. Editorial correction of printing errors in subsections (f)( 1 )(B) and (g)(2) (Regis-
ter 92, No. 5).
4. Amendment of subsection (e)(4) and new subsecdons (h)(3), (i)(2)(c)l. and 2.,
and (k) filed 5-6-92 as an emergency; operative 5-6-92 (Register 92, No. 19).
A Certificate of Compliance must be transmitted to OAL 9-3-92 or emergency
language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-6-92 order including amendment of subsec-
tions (e)(4) and (i)(2)(C)l. transmitted to OAL 8-31-92 and filed 10-7-92
(Register92, No. 41).
6. New subsection (/) and amendment of Note filed 4-7-95 as an emergency pur-
suant to Penal Code section 5058; operative 4-7-95 (Register 95, No. 14). A
Certificate of Compliance must be transmitted to OAL by 9-1 4-95 or emergen-
cy language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and
filed 7-25-95 (Register 95, No. 30).
8. New subsections (m)-(m)(3) and amendment of NoTi-; filed 6-28-96 as an
emergency; operative 6-28-96 (Register 96, No. 26). A Certificate of Com-
pliance must be transmitted to OAL by 1-6-97 or emergency language will be
repealed by operation of law on the following day.
9. Editorial correction of subsection (m)(3) (Register 96, No. 51).
10. New subsections (m)-(m)(3) and amendment of Note refiled 12-19-96 as an
emergency; operative 12-19-96 (Register 96, No. 51). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
5-28-97 or emergency language will be repealed by operation of law on the fol-
lowing day.
1 1 . Repealer of subsection (a)( 1 )(D), amendment of subsections (a)(2)(A), (b)(2),
(d)(4), (d)(4)(A) and (e)(1), repealer of subsecdons (h) and (h)(1), renumbering
of old subsections 3084.7(h)(2) and (h)(3) to new subsecdons 3391(b) and (c),
subsection relettering, and amendment of newly designated subsection (k) filed
12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52). Pur-
suant to Penal Code section 5058(e), a Certificate of Compliance must be trans-
mitted to OAL by 6-2-97, or emergency language will be repealed by operation
of law on the following day.
12. Certificate of Compliance as to 12-19-96 order, incorporating relettering from
12-23-96 order and fuither amending section and NOTIi, transmitted to OAL
4-14-97 and filed 5-23-97 (Register 97, No. 21 ).
13. Repealerofsubsection (a)(1)(D), amendment of subsecdons (a)(2)(A), (b)(2),
(dH4), (d)(4)(A) and (e)(1), repealer of subsections (h) and (h)(1), renumbering
of old subsecdons 3084.7(h)(2) and (h)(3) to new subsecdons 3391(b) and (c)",
subsection relettering, and amendment of newly designated subsection (k) re-
filed 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A Cer-
tificate of Compliance must be transmitted to OAL by 9-30-97 or emergency
language will be repealed by operation of law on the following day.
14. Editorial correction of subsection (j)( 1) and History 1.1 (Register 97, No. 24).
15. Certificate of Compliance as to 5-29-97 order, including amendment of sub-
sections (b)(2) and (k), transmitted to OAL 9-25-97 and filed 1 1-7-97 (Regis-
ter 97, No. 45).
16. New subsections (m)-(m)(4) and amendment of Note filed 9-13-2005; op-
erative 9-13-2005 pursuant to Government Code section 11343.4 (Register
2005, No. 37).
§ 3085. Americans With Disabilities Act.
No qualified inmate or parolee with a disability, as defined in Title 42,
U.S.C. section 12102, shall, by reason of such disability, be excluded
from participation in or be denied the benefits of the services, programs,
or activities of the department, or be subjected to discrimination.
(a) CDC Form 1824 (1/95), Reasonable Modification Or Accommo-
dation Request. If otherwise qualified or eligible, inmates or parolees
with disabilities as defined in Title 42, U.S.C. section 12102 may request
reasonable modification or accommodation to achieve access to a pro-
gram, service, or activity offered by the facility, or may grieve an issue
of alleged discrimination based on disability, by completing a CDC Form
1824. The inmate or parolee shall complete the front side of the form and
forward it to the appeals coordinator's office. The form shall be screened
in accordance with section 3084.3 screening criteria and, if it meets the
initial screening criteria, is logged in the CDC Form 645 (7/77), Inmate/
Parolee Appeals Log, with the status of a first level of review.
(b) If dissatisfied with the decision rendered on the CDC Form 1 824,
the appellant may, within 15 days of receipt of the decision, appeal to the
second level of review by attaching the original request form, CDC 1 824,
to a CDC Form 602 (rev. 1 2-87), Inmate/Parolee Appeal Form, and com-
pleting Section "F" of the CDC Form 602.
(c) Other provisions pertaining to inmate or parolee appeals not ad-
dressed in this section shall apply.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; Americans With Disabilides Act, Public Law 101-336, July 26, 1990, 104
Stat. 328; and Sections 35.107 and 35.130, Tide 28, Code of Federal Regulations.
History
1. New section and forms filed 4-7-95 as an emergency pursuant to Penal Code
secdon 5058; operative 4-7-95 (Register 95, No. 14). A Certificate of Com-
pliance must be transmitted to OAL by 9-14-95 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-7-95 order transmitted to OAL 6-26-95 and
filed 7-25-95 (Register 95, No. 30).
Page 149
Register 2006, No. 49; 12-8-2006
§3085
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
•STATE OF CALIFORNIA
REASONABLE MODIFICATION OR
ACCOMMODATION REQUEST
CDC 1824 (1/95)
DEPARTMENT OF CORRECTIONS
INSTITUTION/PAROLE REGION:
LOG NUMBER:
CATEGORY:
18. ADA
NOTE: THIS FORM IS TO BE USED ONLY BY INMATES/PAROLEES WITH DISABILITIES
In processing this request, it will be verified that the inmate/parolee has a disability which is covered
under the Americans With Disabilities Act.
INMATE/PAROLEE'S NAME (PRINTS
CDC NUMBER
ASSIGNMENT
HOURS/WATCH
HOUSING
In accordanca with the provisions of the Americans With Disabilities Act (ADA), no qualified individuals with a disability
shall, on the basis of disability, be excluded from participation in, or be denied the benefits of the services, acth^ities, or
programs of a public entity, or be subjected to discrimination.
You may use this form to request specific reasonable modification or accommodation which, if granted, would enable
you to participate in a service, activity or program offered by the Department/institution/facility, for which you are otherwise
qua iif led/eligible to participate.
Submit this completed form to the institution or facility's Appeals Coordinator's Office. A decision will be rendered
within 15 woritlng days of receipt at the Appeals Coordinator's Office and the completed form will be returned to ybu.
If you do not agree with the decision on this form, you may pursue further review. The decision rendered on this form
constitutes a decision at the FIRST LEVEL of review.
To proceed to SECOND LEVEL, attach this form to an Inmate/Parolee Appeal Form (CDC 602) and complete section "F"
of the appeal form.
Submit the appeal with attachment to the Appeals Coordinator's Office within 15 daysof your receipt of the decision
rendered on this request form.
If you are not satisfied with the SECOND LEVEL review decision, you may request THIRD LEVEL review as instructed on
the CDC 602.
MODIFICATION OR ACCOMMODATION REQUESTED
DESCRIPTION OF DISABILITY:
WHAT VERIFICATION DO YOU HAVE OF YOUR DISABILITY?
DESCRIBE THE PROBLEM:
WHAT SPECIFIC MODIFICATION OR ACCOMMODATION IS REQUESTED?
INMATE/PAROLEE'S SIGNATURE
DATE SIGNED
Page 150
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3085
REASONABLE MODIFICATION OR ACCOMMODATION REQUEST
CDC 1824 (1/95)
PAGE 2
REVIEWER'S ACTION
u
TYPE OF ADA ISSUE
DATE ASSIGNED TO REVIEWER:
DATE DUE:
I I PROGRAM, SERVICE. OR ACTIVITY ACCESS (Not requiring structural modification)
I I Auxiliary Aid or Device Requested
n other
I j PHYSICAL ACCESS (requiring structural modification)
DISCUSSION OF RNDINGS:
DATE INMATE/PAROLEE WAS INTERVIEWED
PERSON WHO CONDUCTED INTERVIEW
DISPOSITION
I I GRANTED □ DENIED Q] PARTIALLY GRANTED
BASIS OF DECISION:
NOTE: If disposition is based upon information provided by other staff or other resources, specify the resource and the infonvation
provided. If the request is granted, specify the process by which the modification or accommodation will be provided, with time
frames if appropriate.
DISPOSITION RENDERED BY: (NAME)
TITLE
INSTITUTION/FACILITY
APPROVAL i
ASSOCIATE WARDEN'S SIGNATURE
DATE SIGNED
DATE RETURNED TO INMATE/PAROLEE
Page 151
Register 2006, No. 49; 12-8-2006
§3090
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Subchapter 2. Inmate Resources
Article 1. Canteens
§ 3090. Inmate Canteen Establishment and Draw Limits.
(a) Each facility shall establish an inmate canteen pursuant to penal
code section 5005 enabling inmate purchases of approved merchandise.
Facility staff shall consult with representatives of the inmate population
when determining items to be stocked in the canteen for resale to the in-
mates.
(b) The maximum monthly canteen draw authorized by the director is
$180.00. An inmate's regular canteen purchases shall not exceed the
limits specified in section 3044 or posted on the inmate's IWF Form 21 ,
Cash Register Card (Rev. 4/92), whichever is less.
(c) Inmates shall be permitted to deduct from their trust account for
canteen purchases by completing a CDC Form 184, Canteen Draw Order
(Rev. 9/88), and submitting it to the trust office. Each approval shall be
posted to the inmate's IWF Form 21 within eight days.
(d) An inmate's trust account deductions for canteen purchases shall
not be restricted beyond limits established by the director for all inmates
in like work/training incentive groups, except by formal disciplinary ac-
tion for a violation involving canteen or the intentional or negligent de-
struction, damage, or misuse of state property.
(e) Trust account statements showing current balances shall be issued
to those inmates submitting written requests, provided 90 days have
elapsed since their previous request.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5005 and
5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 9-30-77; effective thirtieth day thereafter (Resister 77, No.
40).
3. Amendment filed 3-22-78; effective thirtieth dav thereafter (Register 78, No.
12).
4. Amendment of subsections (a) and (c) filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
5. Amendment of section heading, text and Noth filed 10-14-93; operative
11-15-93 (Register 93, No. 42).
6. Amendment of subsection (b) filed 3-8-2001; operative 4-7-2001 (Register
2001, No. 10).
§ 3091. inmate Canteen Operation.
(a) A current list of approved available merchandise, the price of each
item, and the canteen operating hours shall be conspicuously posted at
each canteen. Copies shall be made available to inmates denied direct ac-
cess to the canteen.
(b) Canteen draw schedules shall:
(1) Be published at least once every six months.
(2) Indicate the deadlines for submission of CDC Form 184, Canteen
Draw Order (Rev.9/88).
(3) Be posted in each housing unit at each facility and camp.
(4) Include no less than three canteen draw dates each month based on
the last two digits of the inmate' s department identification number. Each
inmate shall be entitled to no less than one draw each month.
(c) Inmates who do not present their privilege card when purchasing
IWF Forms 22. Canteen Yard Cards (Rev. 8/90), or merchandise shall be
limited to one-fourth the maximum monthly draw.
(d) When purchasing merchandise, inmates shall be required to:
(1) Complete an itemized order list prior to purchasing canteen items.
(2) Place a clear thumb print or three fingerprints on the CDC Form
184 or IWF Form 21, Cash Register Card (Rev. 4/92).
(3) Sign a CDC Form 184 for the amount approved by the trust office.
(4) At the time of each purchase, sign the IWF Form 2 1 to verify the
amount purchased.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5005,
5006 and 5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment of section heading, text and Nori-; filed 10-14-93; operative
1 1-15-93 (Register 93, No. 42).
§ 3092. Special Inmate Canteen Purchases.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5006 and
5054, Penal Code.
History
1. Amendment of section heading and text and new Note filed 10-14-93: opera-
tive 1 1-15-93 (Register 93, No. 42).
2. Amendment relocating former section 3092 to section 3190(e)-(0 filed
12-30-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1 ). Pur-
suant to Penal Code section 5058.3(a)( 1). a Certificate of Compliance must be
transmitted to OAL by 6-9-2004 or emergency language will be repealed by
operation of law on the following day.
3. Withdrawal and repeal of 1 2-30-2003 amendment filed 5-27-2004 as an emer-
gency; operative 5-27-2004 (Register 2004. No. 22). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to OAL by
9-24-2004 or emergency language will be repealed by operation of law on the
following day.
4. Amendment relocating former section 3092 to section 3190(h) and (p) filed
5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 1 1-3-2004 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 5-27-2004 order transmiued to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§ 3093. Canteen Yard and Cash Register Cards.
(a) Facilities may issue IWF Form 22, Canteen Yard Cards (Rev.
8/90), for inmate use in making canteen purchases. Inmates shall not alter
such card, nor possess or control another inmate's card or other approved
means of canteen purchase.
(b) The IWF Form 21, Cash Register Card (Rev. 4/92), of a transfer-
ring inmate shall be cancelled by the trust office and the unused amount
credited to the inmate's account. A transferring inmate's IWF Form 22
shall be also returned to the canteen cancelled and its value credited to
the inmate's trust account.
(c) Annually on May 31, IWF Form 22 of a color different from that
currently used shall be issued and the previous color no longer honored.
The facility shall post, in conspicuous locations available to every in-
mate, a written notice of the IWF Form 22 exchange. Inmates may, before
June 30, exchange their old IWF Form 22 for new or for credit to their
IWF Form 21 or trast account. Exception: IWF Form 22 of the previous
color may be exchanged after June 30 for inmates who were out-to-court
or in the hospital during the exchange period.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 5005,
5006 and 5054, Penal Code.
History
1 . Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Reg-
ister 82, No. 41).
2. Amendment of secfion heading, text and Note filed 10-14-93; operative
1 1-15-93 (Register 93, No. 42).
§ 3094. Exceeding Inmate Canteen Limits.
Inmates shall not possess canteen items and IWF Form 22, Canteen
Yard Card (Rev. 8/90), with a combined value exceeding the monthly
canteen limit established in section 3044. Excess canteen items and IWF
Form 22 shall be confiscated and stored in a secure area pending a disci-
plinary hearing and resolution of any appeal of the matter.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfions 5005,
5006 and 5054, Penal Code.
History
1 . Amendment of section heading and text and new Note filed 1 0-14-93; opera-
tive 1 1-15-93 (Register 93, No. 42).
§ 3095. Nonroutine Canteen Draws.
(a) A newly arrived inmate may within 30 days of arrival submit CDC
Form 184, Canteen Draw Order (Rev. 9/88), for any scheduled drav*/.
Such exceptions shall not be made for the inmate's subsequent draws.
(b) Conservation camp inmates shall submit their CDC Form 184 to
the camp lieutenant or designee.
(c) Segregated inmates shall not be permitted to go to the canteen and
shall submit their CDC Form 184 to the segregation unit staff.
(d) Infirmary patients shall submit their requests for canteen purchases
to the infirmary unit staff.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5005 and
5054, Penal Code.
Page 152
Register 2(X)6, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3097
History
1. Repealer and new section filed 10-14—93; operative 1 1-13-93 (Register 93,
No. 42).
Article 1.5. inmate Wages and Deductions
§ 3097. Inmate Restitution Fine and Direct Order
Collections.
(a) When an inmate owes any obligation pursuant to a direct order of
restitution imposed by a court, the department shall deduct 30 percent or
the balance owing, whichever is less, from the inmate's wages and trust
account deposits, regardless of the source of such income, subject to the
exemptions enumerated in subsection (j). In addition, an administrative
fee of 1 percent of the deduction shall be deducted to reimburse the de-
partment for its administrative costs, for a maximum deduction of 33 per-
cent. A maximum deduction of 33 percent shall remain in effect through
December 31, 2004 at which time subsection (b) shall take effect.
(b) Effective January 1, 2005, when an inmate owes any obligation
pursuant to a direct order of restitution imposed by a court, the depart-
ment shall deduct 40 percent or the balance owing, whichever is less,
from the inmate's wages and tnist account deposits regardless of the
source of such income, subject to the exemptions enumerated in subsec-
tion (j). In addition, an administrative fee of 10 percent of the deduction
shall be deducted to reimburse the department for its administrative
costs, for a maximum deduction of 44 percent. A maximum deduction of
44 percent shall remain in effect through December 3 1 , 2006 at which
time subsection (c) shall take effect.
(c) Effective January 1 , 2007 and thereafter, when an inmate owes any
obligation pursuant to a direct order of restitution imposed by a court, the
department shall deduct 50 percent or the balance owing, whichever is
less, from the inmate's wages and trust account deposits regardless of the
source of such income, subject to the exemptions enumerated in subsec-
tion (i). In addition, an administrative fee of 10 percent of the deduction
shall be deducted to reimburse the department for its administrative
costs, for a maximum deduction of 55 percent.
(d) When an inmate owes any obligation pursuant to a restitution fine
imposed by a court, the department shall deduct 30 percent or the balance
owing, whichever is less, from the inmate' s wages and trust account de-
posits, regardless of the source of such income, subject to the exemptions
enumerated in subsection (j). In addition, an administrative fee of 10 per-
cent of the deduction shall be deducted to reimburse the department for
its administrative costs, for a maximum deduction of 33 percent. The
amount deducted, less the administrative fee, shall be transferred to the
California Victim Compensation and Governing Claims Board for de-
posit in the Crime Victims' Restitution Fund in the State Treasury. The
inmate shall be credited for the amount deducted, less the administrative
fee, against the amount owing on the fine. A maximum deduction of 33
percent shall remain in effect through December 3 1 , 2004 at which time
subsection (e) shall take effect.
(e) Effective January 1, 2005, when an inmate owes any obligation
pursuant to a restitution fine imposed by a court, the department shall de-
duct 40 percent or the balance owing, whichever is less, from the in-
mate's wages and trust account deposits regardless of the source of such
income subject to the exemptions enumerated in subsection (j). In addi-
tion, an administrative fee of 10 percent of the deduction shall be de-
ducted to reimburse the department for its administrative costs, for a
maximum deduction of 44 percent. The amount deducted, less the ad-
ministrative fee, shall be transferred to the California Victim Compensa-
tion and Government Claims Board for deposit in the Crime Victims'
Restitution Fund in the State Treasury. The inmate shall be credited for
the amount deducted, less the administrative fee, against the amount ow-
ing on the fine. A maximum deduction of 44 percent shall remain in effect
through December 3 1 , 2006 at which time subsection (f) shall take effect.
(0 Effective January 1 , 2007 and thereafter, when an inmate owes any
obligation pursuant to a restitution fine imposed by a court, the depart-
ment shall deduct 50 percent or the balance owing, whichever is less,
from the inmate's wages and trust account deposits regardless of the
source of such income subject to the exemptions enumerated in subsec-
tion (j). In addition, an administrative fee of 10 percent of the deduction
shall be deducted to reimburse the department for its administrative
costs, for a maximum deduction of 55 percent. The amount deducted, less
the administrative fee, shall be transferred to the California Victim Com-
pensation and Government Claims Board for deposit in the Crime Vic-
tims' Restitution Fund in the State Treasury. The inmate shall be credited
for the amount deducted, less the administrative fee, against the amount
owing on the fine.
(g) When an inmate owes both a restitution fine and a direct order of
restitution from a sentencing court, the department shall collect on the di-
rect order(s) of restitution first. Upon satisfaction of the direct order(s)
of restitution, collection of any unsatisfied restitution fine(s) shall com-
mence until paid in full.
(h) Fines and direct orders of restitution shall be collected from in-
mates/parolees who owe restitution while the inmate/parole violator re-
mains under the jurisdiction of the department, with certain exceptions,
set out in subsection (j).
(i) Fines and direct orders of restitution may be collected from inmates
and parole violators housed in a Reception Center. Community Correc-
tional Center, Community Correctional Facility, Community Correc-
tional Reentry Center, Restitution Community Correctional Center or
Return to Custody Substance Abuse Treatment Facility. Fines and direct
orders of restitution may also be collected from inmates in the Communi-
ty Prisoner Mother and Family Foundations Programs.
(j) Joint Venture Program deposits, funds designated to pay the costs
of a family visit ("family visit funds"). Temporary Community Leave
fimds, federal disability payments, veteran benefits, any reimbursement
to an inmate as a result of a claim for lost or damaged property, or money
reimbursed to an inmate due to a failed attempt to purchase merchandise
are exempt from deductions for fines and direct orders of restitution enu-
merated in subsections (a), (b), (c). (d), (e), and (f).
(k) Family visit funds and Temporary Community Leave funds shall
be so designated by the sender on Form 1839 (Rev. 5/97), Exemption of
Family Visit/Temporary Community Leave Funds From Restitution Fi-
nes/Orders, to be completed in its entirety and returned to staff with the
appropriate funds. Any funds received for either of these two purposes
that are not accompanied by the prescribed form, property completed,
shall be deposited in the inmate's trust account and shall be subject to a
deduction for restitution pursuant to subsections (a), (b), (c). (d), (e), and
(f).
(/) Existing funds from the inmate's trust account can be used to pay
for a family visit or a Temporary Community Leave. Upon the inmate's
request, a hold will be placed on a specified portion of these funds to pay
for the upcoming family visit or Temporary Community Leave. The in-
mate shall not use these designated funds for any other purpose other than
the planned family visit or Temporary Community Leave. Should the
family visit or Temporary Community Leave not take place then the hold
previously placed on the funds shall be removed and no restitution de-
duction shall be made.
(m) If the family visit does not occur, then the funds designated for the
family visit on Form 1839 (Rev. 5/97), shall have a permanent hold
placed on them in the inmate's trust account for a future family visit or
until the inmate is released on parole. Should the inmate transfer to anoth-
er institution, the hold shall be removed, the funds deposited into the in-
mate's trust account, and no restitution deduction shall be made.
(n) If the Temporary Community Leave does not occur, then the funds
designated for the leave on Form 1839 (Rev. 5/97), shall be refunded to
the sender.
(o) Any remaining balance on the Temporary Community Leave fund
for a Temporary Community Leave that took place shall be refunded to
the sender.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 2085.5 and 5054, Penal Code.
History
1. New section filed 9-16-92 as an emergency; operative 9-16-92 (Register 92,
No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-93 or
emergency language will be repealed by operation of law on the foUowiny: day.
2. Certificate of Compliance as to 9-16-92 order transmitted to OAL 12-24-92
and filed 2-8-93 (Register 93, No. 7).
Page 153
Register 2006, No. 49; 12-8-2006
§3100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
3. Amendment of section filed 10-1 7-95 as an emergency pursuant to Penal Code
section 5058(e); operative 10-17-95 (Register 95, No. 42). A Certificate of
Compliance must be transmitted to OAL by 3-25-96 or emergency language
will be repealed by operation of law on the following day.
4. Certificate of Compliance, includina amendment of section, as to 1 0-17-95 or-
der transmitted to OAL 3-15-96 and filed 4-24-96 (Register 96, No. 17).
5. Editorial coixection of subsection (a) (relettered to subsection (b)) (Register 98,
No. 9).
6. Amendment of section heading, new subsections (a), (c). and (e), subsection re-
lettering, and amendment of newly designated subsections (b), (d), and (f)-(,j)
filed 2-26-98 as an emergency pursuant to Penal Code section 5058(e); opera-
tive 2-26-98 (Register 98, No. 9). A Certificate of Compliance must be trans-
mitted to OAL by 8-5-98 or emergency language will be repealed by operation
of law on the following day.
7. Amendment of section heading, new subsections (a), (c) and (e), subsection re-
lettering, and amendment of newly designated subsections (b), (d) and (0-(.i)
refiled 8-1 1-98 as an emergency pursuant to Penal Code section 5058(e); op-
erative 8-11-98 (Register 98, No. 33). A Certificate of Compliance must be
transmitted to OAL by 1-1 9-99 or emergency language will be repealed by op-
eration of law on the following day.
8. Certificate of Compliance as to 8-1 1-98 order, including further amendment of
subsections (a) and (b), transinitted to OAL 9-25-98 and filed 1 1-4-98 (Regis-
ter 98, No. 45).
9. Amendment of section and Note filed 5-27-2003; operative 7-1-2003 (Regis-
ter 2003, No. 22).
10. Amendment of section and Nnxr. filed 6-18-2004 as an emereency; operative
6-18-2004 (Register 2004, No. 25). Pursuant to Penal Code s^ection 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1 -29-2004 or emer-
gency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 6-18-2004 order transmitted to OAL
1 1-16-2004 and filed 12-30-2004 (Register 2004. No. 53).
Article 2. Handicraft
§ 3100. Handicraft Program Participation.
(a) Each institution or their designee may establish a handicraft pro-
gram based on, but not limited to, the following conditions:
(1) possible threat to facility security,
(2) space availability,
(3) sufficient staffing, and
(4) available funding.
(b) Only those inmates in Privilege Groups A and B are eligible to ap-
ply for participation in the handicraft program and must submit CDC
Form 165 (Rev 7/95), Application for Handicraft Privilege.
(c) Approval may be granted to those inmates whom, in the judgement
of the institution head or their designee, intend serious participation and
have the skills or the potential and an interest to develop the skills re-
quired for the craft.
(d) The reason(s) for denying an inmate handicraft privileges shall be
documented on Form 165 (Rev 7/95), Application for Handicraft Privi-
lege, and returned to the inmate with their application.
(e) An inmate's right to own, sell or convey personal property, includ-
ing all written and artistic material produced or created by that inmate
shall be governed by Section 2601 of the Penal Code.
(f) Handicraft projects or tools necessary for completion of handicraft
projects shall be restricted to the extent necessary to provide for the rea-
sonable security of the facility and the protection of persons and shall be
subject to review by the institution head or their designee.
(g) Only those items approved by the institution head or their designee
shall be manufactured. A project shall not be approved under any one or
more of the following circumstances:
(1) The size of the materials would exceed the limits established pur-
suant to section 3101.
(2) The proposed quantities of the finished item for sale would exceed
probable demands.
(3) The inmate' s loan request for the cost of materials exceeds the limit
established by the institution head or their designee.
(h) Handicraft projects, tools, and materials within a designated handi-
craft area, shall be controlled by staff and may be stored in a designated
secured storage area of the facility, dependant upon space availability at
the institution/facility.
(i) Inmates shall not work on a project or participate in any other handi-
craft activity during their scheduled work/training assignment hours.
Q) Supplies and materials for a project shall not be ordered until the
project is approved by the institution head or their designee.
Note: Authority cited: Section 5058. Penal Code. Reference: Sections 2079,
2600, 2601, 5006 and 5054, Penal Code.
History
1. Repealer and new section filed 10-7-82; effective thirtieth day thereafter (Reg-
ister 82, No. 41).
2. Amendment of section headine. section and NoTi-; filed 3-20-96; operative
4-19-96 (Register 96, No. 12).^
3. Amendment of subsection (h) filed 5-27-2004 as an emergency; operative
5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3. a
Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 or emer-
gency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3101. Volume.
Ininates assigned to handicraft programs may possess handicraft ar-
ticles and materials in their quarters/living area. Any authorized handi-
craft items in excess of six cubic feet of space shall be confiscated and
disposed of in accordance with Section 3191(c).
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
5054, Penal Code.
History
1 . Amendment of section and new NOTi-. filed 5-27-2004 as an emergency; opera-
tive 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3,
a Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 oremer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§ 3102. Suspension or Termination.
(a) Violation of institution handicraft procedures may result in the in-
mate being denied participation in the program. Such denial through dis-
ciplinary action will be for a specific period of time in keeping with the
seriousness of the violation. Participation in handicraft programs or in
specific handicraft projects may be terminated or suspended as a result
of classification committee action which changes the inmate's custodial
classification, housing, or other circumstances which preclude handi-
craft or specific kinds of handicraft activity.
(b) Upon suspension or termination of handicraft through disciplinary
action, classification committee action, or upon the inmate's voluntary
termination of handicraft activity, all personally-owned handicraft tools
and materials will be placed in institution storage, or at the inmate" s op-
tion and own expense, shipped to any person designated by the inmate.
If placed in institution storage, tools and materials will be returned to the
inmate no later than the time of release from the institution.
Comment: Former DP-2203, suspension of privilege.
§3103. Gifts.
Inmates may give gifts of handicraft items produced by themselves to
any correspondent or visitor, subject to institution procedures for doing
so. No limitation will be placed upon the number of gifts or estimated val-
ue of gifts that may be given in total or to any one person, except that no
gift may be given to or be accepted by an employee of the Department
of Corrections.
Comment: Former DP-2204, handicraft gifts.
§ 31 04. Inmate Handicraft Sales.
(a) Handicraft items may be sold to the public only at the facility and
as otherwise may be specifically authorized by the institution head.
(b) The sale price of handicraft items shall be set by the inmate. An ad-
ditional 10 percent mark up shall be added to the price of all articles
placed for sale.
( 1 ) One percent of the mark up shall be given to the inmate for the pur-
pose of refunding duplicate sales tax paid on raw materials used in the
handicraft articles sold.
(2) Nine percent of the mark up shall be deposited into the Inmate Wel-
fare Fund for the purpose of offsetting administrative costs.
(c) Inmate handicraft items shall not be sold or given to other persons
for the purpose of resale, except as set forth in subsection (a).
Comment: Former DP-2205, dealing in handicraft.
Former DP-2206, sales of handicraft.
Page 154
Register 2(X)6, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3122
NOTH: Authority cited: Section 5058, Penal Code. Reference: Sections 2600,
2K12 and 2813. Penal Code.
History
1 . Editorial correction of printing error in subsection (b) (Register 92, No. 5).
2. Amendment of section heading and subsection (a), new subsection (b), subsec-
tion relettering, and amendment of newly designated subsection (c) filed
1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1 ). A Certificate
of Compliance must be transmitted to OAL 6- 1 2-95 or emergency language
will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed
7-25-95 by operation of Government Code section 1 1346.1(f) (Resister 95,
No. 30).
4. Amendment of section heading and subsection (a), new subsection (b), subsec-
tion relettering and amendment of newly designated subsection (c) filed
7-25-95 as an emergency; operative 7-25-95 (Register 95, No. 30). A Certifi-
cate of Compliance must be transmitted to OAL by 1 1-22-95 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 1 1-17-95
and filed 1-3-96 (Register 96. No. 1).
6. Amendment of subsection (b), new subsections (b)(l)-(2) and amendment of
NoTi-; filed 5-6-2002; operative 6-5-2002 (Register 2002, No. 19).
§ 3105. Handicraft Program Assistance to Indigent
Inmates.
The institution head or their designee may authorize loans from the in-
mate welfare fund (IWF) to help indigent inmates purchase materials for
their initial or continued participation in the handicraft program. The in-
stitution head or their designee shall establish a Hmit on the dollar amount
of IWF loans. A hold for the amount of the loan shall be placed on the trust
account of such an inmate until the loan is fully repaid.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2079,
2813, 5006 and 5054, Penal Code.
History
1 . Amendment of section heading, section and new Note filed 3-20-96; operaUve
4-19-96 (Register 96, No. 12).
§3106. Materials.
Inmates must use only materials purchased from their own funds or ap-
proved for their use by the institution's designated supervisor of the
handicraft program in the manufacture of handicraft articles.
Comment: Former DR-2201, source of handicraft materials.
§ 3107. Donating Items to the Institution.
Inmates may donate handicraft items, articles, tools, and materials to
the institution for use by other inmates who are properly enrolled in ap-
proved handicraft programs. Such donations shall be recorded by the
institution's supervisor of handicraft programs.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
5054, Penal Code.
History
1 . Amendment of section heading and section and new Note filed 5-27-2004 as
an emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 1 1-3-2004 or emergency language will be repealed by operation of law on
the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3108. Subcontracting.
(a) Inmates may not employ another inmate or inmates in the :manufac-
ture of any handicraft article.
(b) Inmates may collaborate in the manufacture of handicraft articles
only with the prior and specific approval of the institution's designated
supervisor of the handicraft program. All inmates involved in such joint
productions or creations shall be given recognition if the article is dis-
posed of as a gift by or through the institution. If sold, all inmates in-
volved in its production or creation are to share in any profit as deter-
mined by the institution's supervisor of the handicraft program.
Comment: Former DR-2203, subcontracting handicraft production.
History
1. Amendment of subsection (b) filed 2-24-77; effecfive thirtieth day thereafter
(Register 77, No. 9).
§ 3109. Business Dealings.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 2600 and
2812. Penal Code.
History
1 . Repealer and new section filed 1 0-7-82, effective thirtieth day thereafter ( Reg-
ister 82, No. 41).
2. Editorial correction filed 2-19-85 (Register 85, No. 8).
3. Repealer filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1 ).
A Certificate of Compliance must be transmitted to OAL 6-1 2-95 or emergen-
cy language will be repealed by operation of law on the following day.
4. Reinstatement of secfion as it existed prior to emergency repeal filed 7-25-95
by operafion of Government Code secfion 1 1346.1(0 (Register 95. No. 30).
5. Repealer filed 7-25-95 as an emergency; operaUve 7-25-95 (Register 95. No.
30). A Certificate of Compliance must be transmitted to OAL by 1 1-22 95 or
emergency language will be repealed by operafion of law on the following day.
6. Certificate of Compliance as to 7-25-95 order transmitted to OAL 1 1-17-95
and filed 1-3-96 (Register 96, No. 1).
Article 3. Library
§ 3120. Inmate Library Requirements.
(a) Each warden shall ensure a library, law library and related services
are maintained for the benefit of all inmates in their facility, including
those inmates confined to segregated housing units. A library access
schedule shall be approved by the warden and posted throughout the fa-
cility.
(b) Material that contains any of the characteristics listed in sections
3006(a) and (c) shall be prohibited from inmate libraries unless specifi-
cally authorized by the institution head.
(c) To check out material from a library, each inmate shall:
(1) Present photo identification (slate identification or privilege card)
as required.
(2) Sign a trust account withdrawal order.
(3) Display the materials to staff when leaving the library.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 5054,
2600 and 2601, Penal Code; Toussaint v. McCarthy. 801 F.2d 1080 (9th Cir.
1986); and Bounds v. Smith, 97 S.Ct. 1491 (1977), 430 U.S. 817.
History
1 . Repealer and new section filed 1 0-7-82; effective thirtieth day thereafter (Reg-
ister 82, No. 41).
2. Amendment filed 6-30-93; operafive 7-30-93 (Register 93, No. 27).
3. Certificate of Compliance as to 12-27-95 order including amendment of sub-
section (b) and Note transmitted to OAL 4-25-96 and filed 6-6-96 (Register
96, No. 23).
§ 31 21 . Library Restrictions and Penalties.
(a) No books or other reference material shall be removed from an in-
mate library without the librarian's authorization.
(b) Books or other library material checked out to an inmate shall not
be loaned to or borrowed by another inmate, and shall be relumed to the
library as required.
(c) Inmates whose checked out library material is lost, damaged, or
stolen shall be subject to disciplinary actions and may also be charged for
the costs of repair or replacement of the material and may be denied or
have restrictions placed upon their library privileges.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82. No.
41).
2. Editorial correction of printing error in Note (Register 92, No. 5).
3. Renumbering and amendment of former section 3122 to section 3121 and re-
numbering and amendment of former section 3121 to section 3122 filed
6-30-93; operative 7-30-93 (Register 93, No. 27).
§ 3122. Inmate Law Library.
(a) Each facility shall provide legal materials through its law library
to provide inmates with meaningful access to the courts. Inmates with es-
tablished court deadlines shall be given higher priority to access law li-
brary resources than those with longer deadlines or without a deadline.
(b) An inmate in a facility without a law library and requesting access
to such resources shall be transferred to a facility with a law library of de-
partmental choosing for the period of time needed to complete legal
work.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; Gilmore v. Lynch, 319 F.Supp. 105 (1970); Toussaint v. McCarthx. 801
F.2d 1080 (9th Cir. 1986); Toussaint v. McCarthy, USDC N.D. Cal. No. C
73-1422 SAW, First Special Report of the Monitor, August 19, 1987; and Toiis^
Page 155
Register 2008, No. 29; 7-18-2008
§ 3130
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
saint V. Rowland. USDC N.D. Cal. No. C 73-1422 SAW, Second Special Report
of the Monitor, June 30, 1988.
History
1 . Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No.
41).
2. Renumbering and amendment of former section 3121 to section 3122 and re-
numbering and amendment of former section 3122 to section 3121 filed
6-30-93; operative 7-30-93 (Register 93. No. 27).
Article 4. Mail
§3130. General Policy.
The California Department of Corrections and Rehabilitation (CDCR)
encourages correspondence between inmates and persons outside the
correctional facility. The sending and receiving of mail by inmates shall
be uninhibited except as specifically provided for in this article. The Reg-
ulations contained in this article shall provide for the orderly processing
of inmate mail and to give direction to staff, inmates, and their correspon-
dents concerning facility mail requirements. Mail shall be delivered to in-
mates, regardless of housing, unless it is contraband pursuant to section
3006, or is disturbing or Offensive Correspondence pursuant to section
3135.
Note: Authority cited: Section 5058, Penal Code. Reference; Sections 2600,
2601(d) and 5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
History
1. Repealer of Article 4 (Sections 3130-3143) and new Article 4 (Sections
3130-3147) filed 10-7-82; effective thirtieth day thereafter (Register 82, No.
41). For prior history, see Registers 78, No. 33; 78, No. 12; 77, No. 40; 77, No.
20;77. No. 9and76, No. 31.
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 31 31 . Plan of Operation.
Each warden or head of a correctional facility shall prepare and main-
tain a plan of operation for the sending and receiving of mail for all in-
mates housed in the facility. Procedures of the correctional facility shall
conform to the policies, regulations and the provisions of law made refer-
ence to and shall apply to all inmates of the facility. Correctional staff
shall promptly inform each newly received inmate of all department reg-
ulations and local procedures governing inmate mail.
NOTE: Authority cited; Section 5058, Penal Code. Reference; Secfion 2080, Penal
Code; and Procunier v. Martinez, 416 U.S. 396.
History
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3132. Responsibility and Compliance.
(a) Correspondents are personally responsible for the content of each
item of mail they send into or out of a correctional facility. All persons
corresponding with inmates must comply with existing laws, regulations
and local rules. Any violation of laws governing mail will be referred to
postal authorities and to appropriate criminal authorities. Violations of
law, the policies and regulations set forth in this article, or of approved
facility mail procedures may result in the temporary suspension or denial
of correspondence between the persons involved.
(b) Departmental employees, inmates and persons corresponding with
inmates must comply with the regulations set forth in this article and with
approved facility mail procedures. Failure to do so may result in legal or
administrative measures against the person or persons involved.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601,
2930, 5054 and 5058, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
History
1. Amendment of subsection (a) filed 7-17-2008; operative 7-17-2008 pursuant
to Government Code section 1 1343.4 (Register 2008, No. 29).
§ 3133. Definitions and Disposition of Mail.
(a) Definitions:
(1) First-Class Mail is all mail wholly or partly in writing or typewrit-
ing, all actual and personal correspondence, all bills and statements of ac-
count, and all matter sealed or otherwise closed against mspection. The
maximum weight for a First-Class letter is 13 ounces. All First-Class
Mail shall be delivered to the inmate as soon as possible, but not later than
seven calendar days from receipt of the mail at the facility mailroom.
(2) Standard Mail, formerly called Bulk Mail, is used for advertising
mail, catalogues, and newsletters of a non-personal nature that are not
required to be mailed as First-Class Mail. The maximum weight for Stan-
dard Mail is 16 ounces.
(3) Periodicals are a class of mail consisting of magazines, newspapers
or other publications formed of printed sheets that are published at least
four times a year at regular, specified intervals from a known office of
publication. The known office of publication must be a public office for
transacting the business of the publication during normal business hours,
and must also be the office where the publication's circulation records are
available for USPS examination.
(4) Package Services are Parcel Post, bound Printed Matter, Media
Mail, and Library Mail. With the exception of parole clothes and third
party special purchase health appliances, inmates shall not be allowed to
receive package services directly from personal correspondents. Pack-
ages containing parole clothes or third party special purchase health care
appliances must be clearly marked with either "Parole Clothes" or
"Health Care Appliance" on the outside of the package. Personal corre-
spondents do not include the Courts, Law Firms, County, State and Fed-
eral Agencies, Publishers, Bookstores, Book Distributors, Religious Or-
ganizations that provide written materials only, etc.
(5) For purposes of this article, the definition of indigent inmate is an
inmate who has $ 1 .00 or less in their Inmate Trust Account for 30 consec-
utive days.
(b) All incoming and outgoing mail shall be handled in accordance
with the following:
(1) All incoming mail shall be properly addressed. Appropriately ad-
dressed mail shall include the inmate's name and department identifica-
tion number. The mail should also include the address designated by the
institution for inmate mail. The receiving institution is required to update
any mail piece that does not reflect accurate housing or institutional loca-
tion. Standard Mail must be addressed to an individual inmate, showing
their name, CDCR number and the address for the applicable institution.
(2) All outgoing mail shall be properly addressed, and shall be marked
indicating that it originated from a California State Correctional Facility.
If addressed to an inmate, it must contain the sender's name, department
identification number and the return address designated by the institution
for inmate mail, including housing. It shall also contain the recipient's
name, address, city, state, and zip code.
(3) All incoming packages and non-confidential mail addressed to an
inmate will be opened and inspected before delivery to the inmate. The
purpose of inspection will be to receive or receipt any funds enclosed for
deposit to the inmate's trust account, to verify and record the receipt of
permitted personal property, and to prevent the introduction of contra-
band. All non-confidential inmate mail, incoming or outgoing, is subject
to being read in its entirety by designated staff All non-confidential in-
mate mail that is "returned to sender" shall be opened and inspected be-
fore being returned to the inmate.
(4) FaciliUes shall not require incoming books, magazines or newspa-
pers to have an institution pre-approved "vendor approved" label affixed
to the packaging. A departmentally approved vendor is any publisher,
book store, or book distributor, that does mail order business. Books, pe-
riodicals or other publicafions that are mailed from a religious organiza-
tion shall be considered as coming from an authorized vendor.
(c) Confidential Mail with Inmate Trust Account Withdrawals. Inmate
confidential mail submitted with a CDC Form 193, Inmate Trust With-
drawal (Rev. 1/88), to pay for filing fees or other costs may be left un-
sealed so that the voucher (check) can be enclosed after the trust account
withdrawal has been processed. Inmates who do not wish to forward this
type of mail unsealed should attach a stamped, appropriately addressed
envelope to the confidential mail so the check can be enclosed and for-
warded in the extra envelope.
(d) Undelivered Mail. All undehvered letters and packages returned
to a facility by the post office shall be opened and inspected before being
Page 156
Register 2008, No. 29; 7-18-2008
Title 15
Adult Institutions, Programs and Parole
§3134
returned to the inmate. This inspection is to determine if the content origi-
nated with the inmate sender identified on the letter or pacl<age, and to
prevent the transmission of contraband, material, substances, and proper-
ty that an inmate is not authorized to possess in the correctional facility.
The inspection of returned mail includes regular mail and letters that
were mailed as confidential correspondence. In the case of returned con-
fidential correspondence, the envelope shall be opened in the presence
of the inmate. It shall be examined and read to the degree necessary to
determine if it was sent by the inmate and opened or tampered v/ith before
its return to the facility. Upon completion of this examination, the re-
turned correspondence shall be given to the inmate. Any contraband
found in the returned correspondence shall be confiscated and processed,
and appropriate disciplinary action taken.
(e) Unmailed Correspondence. If any First-CIass Mail is not accepted
for mailing, or is accepted for mailing but is not properly mailed, the in-
mate shall be notified in writing of the reason for refusal to accept or to
promptly mail the item(s). When the delay in mailing exceeds 5 business
days, the notice shall be sent and include the disposition of such mail. Un-
less retention of such mail is required in administrative, legal, or disci-
plinary proceedings against the inmate or other persons, it shall be
promptly mailed or returned to the inmate.
(f) Forwarding Mail. Mail received for an inmate who has been trans-
ferred from the facility where the mail is received shall be immediately
forwarded to the facility or agency that has current custody of the inmate.
Mail addressed to an inmate who has been transferred or released shall
not be returned to the sender as "Addressee Unknown" unless the indi-
vidual has been discharged from CDCR. First-Class Mail and Periodi-
cals addressed to an inmate who has been transferred within the CDCR
shall have a label affixed with the current address and shall be forwarded
via the USPS. For inmates who have paroled, the affixed label shall state
"Paroled Region # ", and shall show that Parole Regions' address.
Standard Mail with a "Mailer Endorsement" that was appropriately ad-
dressed, but is undeliverable because the inmate is no longer housed at
the facility, shall be returned to the USPS for processing. Mailroom staff
shall affix a label to the Standard Mail piece showing the correct address
before returning it to the USPS for processing. For inmates who have pa-
roled, the label affixed to the Standard Mail piece shall state "Paroled Re-
gion # " and shall show that Parole Regions' address. The Mailer En-
dorsement will appear either near the address block or below the return
address in the top left corner of the mail piece. A Mailer Endorsement
may read "Address Service Requested", or "Forwarding Service Re-
quested", or "Change Service Requested", or "Return Service Re-
quested". Staff may dispose of any Standard Mail piece that does not
have a Mailer Endorsement, and is undeliverable because the inmate is
not currently housed at the institution. Daily newspapers that are deliv-
ered by courier will not be forwarded nor will they be held for an inmate
who is temporarily away from the facility for longer than 72 hours. Ex-
ceptions will be made when the absence results from the inmate' s partici-
pation in facility approved activities such as a community release pro-
gram, firefighting or other disaster control assignments. Newspapers that
are delivered by the USPS will have a forwarding address affixed and
shall be returned to the USPS for processing.
(g) Forwarding Confidential Correspondence. All confidential corre-
spondence for inmates that must be forwarded will be done on a daily ba-
sis. If delivery of confidential correspondence from the courts is impeded
because the addressee's name and CDCR number do not conform to each
other, the mailroom will contact the Litigation Coordinator who will tele-
phone the court to clarify the identification of the addressee in order to
expedite delivery of confidential correspondence. Staff will document
their efforts to identify the addressee when confidential correspondence
from the courts cannot be delivered.
(h) Temporary Absence. Mail shall be held for an inmate who is tem-
porarily away from the facility when the inmate's return is anticipated
within one week.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 2601 and
4570. Penal Code; Pwcimier v. Martinez, 416 U.S. 396; and Bell w Wolffish. 99
S. Ct 1861.
History
1 . Repealerof former section 3133 and renumbering of former section 3147 to new
section 3133. including amendment of section heading and repealer and new
section, filed 7-17-2008; operative 7-17-2008 pursuant to Government Code
section 1 1343.4 (Register 2008, No. 29).
§ 3134. General Mail Regulations.
(a) First-Class Mail can have the following items enclosed, including
but not limited to:
(1) Photographs, with the exception of photographs with attached
backing, framed photographs that cannot be searched, Polaroid's, nega-
tives, and slides.
(2) Calendars.
(3) Blank greeting cards (No 3-dimensional attachments or stamps).
(4) Postage embossed envelopes, up to forty.
(5) Blank envelopes.
(6) Writing paper/tablets (white or yellow lined only — no cotton pa-
per).
(7) Typing paper (no cotton paper).
(8) Legal paper, to include colored paper required by court rules (no
cotton paper).
(9) Children's drawings.
(10) Newspaper clippings, Internet downloaded articles, photocopies
of clippings/articles, or electronic mail (e-mail). Prior to issuance they
shall be reviewed to ensure that they comply with sections 3006 and
3135.
(11) Forty postage stamps. If there is a rate change, then forty stamps
at the old rate, and 40 stamps at the amount needed to equal the new rate.
No personalized postage stamps will be allowed.
The weight limit for First-Class Mail is 13 ounces, and for Standard
Mail is 16 ounces. Photo albums can be obtained by the inmate from the
canteen and the Vendor Package Program. Any unacceptable mail shall
be immediately returned to the sender with the envelope armotated "Un-
authorized Mail, Return to Sender". Inmates shall be noticed pursuant to
section 3136.
(b) Metered Envelopes. Metered reply envelopes sent in with corre-
spondence must adhere to the following conditions:
(1) The postage amount must be enough to prepay the postage in full.
(2) Indicia may be printed directly on the mail piece or on a label and
must be positioned appropriately.
(3) Indicia used to prepay reply postage must not show the date.
(4) The words "NO POSTAGE STAMP NECESSARY POSTAGE
HAS BEEN PREPAID BY" must be printed above the address.
(c) Inspection of Incoming and Outgoing Packages will occur as fol-
lows;
( 1 ) Facilities will establish and make available to all inmates proce-
dures for sliipping packages to their correspondents.
(2) Facilities will make available to all inmates local procedures for the
receipt of packages from their correspondents in accordance with limits
set for their assigned inmate work/training incentive group. A facility
may refuse to deliver the package if the inmate is not qualified to receive
it. If the package is in excess of the 30-pound limit, or is damaged, the
package shall be returned to the vendor at the vendor's expense.
(3) All incoming packages addressed to an inmate shall be opened and
inspected in the presence of the inmate. The contents of the package are
inspected to record authorized personal property, and to prevent the
introduction of contraband.
(4) Delivery by staff of packages, special purchases, and all publica-
tions, shall be completed as soon as possible but not later than 1 5 calendar
days, except during holiday seasons such as Christmas, Easter, and
Thanksgiving, and during lockdowns of affected inmates.
Page 157
Register 2008, No. 29; 7-18-2008
§ 3134.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(5) All packages shall be processed and issued from a designated dis-
tribution area. All outgoing packages shall be inspected for contraband
prior to being sealed and mailed.
(d) Contests. Inmates shall not participate in any contest when a finan-
cial obligation is involved or when such participation shall result in ex-
pense to the facility beyond the cost of processing mail. If lottery tickets,
lottery scraichers, or other contest materials, are discovered in incoming
mail, the entire envelope and its contents shall be returned to sender with
a pre-printed notice to the sender which states: "Unauthorized item".
(e) Inmate Manuscripts. Manuscripts include, but are not limited to,
written, typed or printed articles of fiction and nonfiction, poems, essays,
gags, plays, skits, paintings, sketches, drawings, or musical composi-
tions created by an inmate. Any manuscript remains the property of the
inmate who created it. It may be retained in the inmate's possession, un-
less it violates sections 3006 or 3 1 35. If unauthorized state materials have
been used in the creation of a manuscript, the item shall be confiscated
pending disciplinary action and reimbursement by the inmate for the
state materials. Incoming and outgoing manuscripts shall be processed
as regular mail in accordance with the provisions of this article.
(f) There shall be no limitations placed on the number of persons with
whom an inmate may correspond.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
4570, Penal Code; Procunier v. Martinez. 416 U.S. 396; and Bell v. Wolffisli, 99
S. Ct. 1861.
History
1 . Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
2. Editorial correction deleting duplicate sentence (Register 91, No. 11).
3. Editorial correction of printing error in NoTH (Register 92, No. 5).
4. Amendment filed 1 1-18-96; operative 12-18-96 (Register 96, No. 47).
5. Renumbering of former section 3 1 34 to section 3138 and renumbering of former
section 3138 to section 3134, including repealer and new section, filed
7-17-2008; operative 7-17-2008 pursuant to Government Code section
1 1343.4 (Register 2008, No. 29).
§ 31 34.1 . Processing of Publications.
(a) Publications. Inmates may subscribe to, purchase, or have items
sent in to them such as newspapers, periodicals, magazines or books. If
subscriptions or books are purchased for the inmate by a third party or
donated to an inmate, they must be mailed directly from a book store,
book distributor, or publisher. Persona! correspondents cannot mail
books, periodicals, or other publications directly to inmates and state that
they are a donation. There shall be no "Approved Vendor Lists" for any
publications.
(b) Processing and Inspection of Incoming Magazines and Newspa-
pers. All magazines and newspapers shall be inspected prior to issuance
to ensure that they comply with sections 3006, 3 134, and 3 135. Attached
free CD's and packaged samples of perfume, lotion, moisturizers, stick-
ers, or any item deemed to be contraband, contained in magazines shall
be removed; notification of such to the inmate is not required. No other
items shall be removed from a magazine or other publication in order to
issue it to an inmate.
(c) Processing and Inspection of Incoming Books. All incoming pa-
perback and hardback books and any enclosures within them shall be in-
spected prior to issuance to ensure they comply with sections 3006, 3 1 34,
and 3 135. For hardback books staff shall allow the inmate to determine
whether to accept the book with the cover removed or, if that option is
declined, decide how the book is to be disposed of per section 3191(c).
If the inmate chooses to accept the book, staff shall insure the book does
not violate any other departmental regulation, and then shall remove the
entire cover in front of the inmate. Should such removal render the book
unstable, staff shall take measures to ensure the book remains intact.
(d) Notification to Publisher for Disapproval of Publication. When in-
coming books, magazines, or publications to an inmate are withheld or
disallowed, a letter shall be sent by the institution to the publisher ex-
plaining why the item was denied. A book, magazine, or publication de-
nied to an inmate(s) based on a violation of departmental regulation or
policy, and that has not previously been included on a centralized list of
banned publications pursuant to subsection 3 1 34. 1(e), shall only require
one notification letter per institution to be sent to the publisher. At a mini-
muin the letter must include the reason why the book, magazine, or publi-
cation was denied, the names and CDCR number for all inmates, the ap-
plicable CCR section that the publication violates, and a notice to the
Publisher of their right to appeal per section 3 137(c). The letter must be
sent within 15 calendar days of the deterinination to disallow the book,
magazine or publication, with a copy of the notification letter and sup-
porting documents to be retained by the facility for a minimum of seven
years. The institution shall also notice the Division of Adult Institutions
to request inclusion of the disallowed publication on the centralized list
of banned publications. When incoming or outgoing publications ad-
dressed to or being sent by an inmate are withheld or disallowed, the in-
mate shall be informed via CDC Form 1819, Notification of Disapprov-
al-Mail/Packages/Publications (Rev. -6/98) of the reason, disposition,
name of official disallowing the publication, and the name of the official
to whom an appeal can be directed.
(e) Centralized List Of Disapproved Publications. The Division of
Adult Insfitufions shall distribute to each institufion a centralized list of
disapproved publicafions that are prohibited as contraband. Examples of
publications that would be included on the centralized list would include,
but not be limited to, publications that contain sexual content or nudity,
warfare or weaponry, bomb making instrucfions, etc. Publications that
are enumerated on this centralized list are not allowed in any institution.
Local insdtutions may not add items to the centralized list. When a publi-
cation is placed on the centralized list, the Division of Adult Institutions
shall send a letter to the publisher explaining why the publication was ex-
cluded. At a minimum, the letter must include the reason why the publi-
cation is excluded, the applicable CCR section that the publication vio-
lates, and a notice to the Publisher of its right to appeal per CCR
subsecUon 3 1 37(c). The letter must be sent witliin 1 5 calendar days of the
determination to disapprove the publication, with a copy of the notifica-
tion letter and supporting documents to be retained by the facility for a
minimum of seven years.
NOTE; Authority cited: section 5058, Penal Code. Reference: Sections 2601 and
4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffisli, 99
S.Ct. 1861.
History
1. New section filed 7-17-2008; operafive 7-17-2008 pursuant to Govemmem;
Code section 11343.4 (Register 2008, No. 29).
§ 3135. Disturbing or Offensive Correspondence.
(a) Non-confidential correspondence may be disallowed if the text of
such correspondence presents a danger, or a threat of danger, to any per-
son. The authority to disallow such correspondence shall not be dele-
gated below the staff level of Correctional/Facility Captain.
(b) Disagreement with the sender's or receiver's morals, values, atti-
tudes, veracity, or choice of words will not be cause for correctional staff
to disallow mail. Correctional staff shall not challenge or confront the
sender or receiver with such value judgments.
(c) Certain correspondence, including but not limited to the following,
is disallowed, regardless of values or morals, in order to ensure the safety
and security of the insfitution/facility:
(1) Any mail of a character tending to incite murder, arson, a riot, or
any form of violence or physical harm to any person, or any ethnic, gen-
der, racial, religious, or other group.
(2) Threatens blackmail or extortion.
(3) Contraband, or sending or receiving contraband.
(4) Concerns plans to escape or assist in an escape.
(5) Concerns plans to disrupt the order, or breach the security, of any
insfitution/facility.
(6) Concerns plans for activifies which violate the law, these regula-
tions or local procedures.
(7) Contains coded messages.
(8) Describes the making of any weapon, explosive, poison, or de-
strucfive device.
(9) Contains illustrations, explanations, and/or descriptions of how to
sabotage or disrupt computers, communications, or electronics.
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Title 15
Adult Institutions, Programs and Parole
§3138
(10) Contains maps depicting any area within a ten-mile radius of an
institution/facility.
(11) Contains gambling or lottery information or paraphernalia.
(12) Contains material obscene in nature.
(13) Contains human or animal hair, substances, or fluids.
(d) Inmates shall not possess or have under their control obscene mate-
rial and/or mail containing information concerning where, how, or from
whom obscene material may be obtained. Obscene material means cata-
logs, advertisements, brochures, and/or material taken as a whole, which
to the average person, applying contemporary statewide standards, ap-
peals to the prurient interest. It is material which taken as a whole, depicts
or describes sexual conduct, and lacks serious literary, artistic, political,
or scientific value. Additionally, material is considered obscene when it
appears from the nature of the matter or the circumstances of its disse-
mination, distribution or exhibition that it appeals to deviant sexual
groups. Material subject to the test of the above includes, but is not lim-
ited to:
( 1 ) Portrays sexually explicit materials, which are defined as materials
that show frontal nudity including personal photographs, drawings, and
magazines and pictorials that show frontal nudity.
(2) Portrays, displays, describes, or represents penetration of the vagi-
na or anus, or contact between the mouth and genitals.
(3) Portrays, displays, describes, or represents bestiality, sadomasoch-
ism, or an excretory function, including urination, defecation, or semen.
(4) Portrays, displays, describes, or represents the nudity of a minor,
or person who appears to be under 18 years old.
(5) Portrays, displays, describes, or represents conduct that appears to
be non-consensual behavior.
(6) Portrays, displays, describes, or represents conduct that appears to
be forceful, threatening, or violent.
(7) Portrays, displays, describes, or represents sexual conduct where
one of the participants is a minor, or appears to be under 1 8 years old.
(e) If the receiver of any mail, confidential or nonconfidential, directs
a written complaint to administrative staff of the department or to facility
officials, consideration will be given to any reasonable remedy sought by
the individual. This may include discussion of the complaint Vi/ith the in-
mate in an attempt to resolve the matter, reading of all mail, including
confidential mail, addressed to the individual, and either disallowing
only that which appears to perpetuate the problem, or disallowing all mail
to the individual. Complaints and requests for actions which would, if ap-
proved, restrict an inmate's correspondence, and any action taken in re-
sponse to such complaints or requests, will be fully documented on a
CDC Form 1 28B (Rev. 4-74). The inmate shall receive a copy of the doc-
umentation and the original shall be placed in the inmate's C-file.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
5054, Penal Code; and Procunier v. Martinez, 416 U.S. 396.
History
1 . Change without regulatory effect amending subsection (a) filed 8-6-2001 pur-
suant to section 100, title 1, California Code of Regulations (Register 2001, No.
32).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3136. Disapproval of Inmate Mail.
(a) Disapproval of inmate mail that is in clear violation of CCR sec-
tions 3006 or 3 1 35 shall be referred to staff not below the level of Correc-
tional/Facility Captain for determination and appropriate action. Disap-
proval of inmate mail that is not in clear violation of CCR sections 3006
or 3135 shall be referred to the Warden, but not lower than the Chief
Deputy Warden, for determination and appropriate action. When incom-
ing or outgoing mail/packages/publications addressed to or being sent by
an inmate are withheld or disallowed, the inmate shall be informed via
CDC Form 1819, Notification of Disapproval-Mail/Packages/Publica-
tions (Rev.-6/98) of the reason, disposition, name of official disallowing
the mail/package/publication, and the name of the official to whom an
appeal can be directed
(b) When inmate mail is disapproved based on the criteria established
in this section, a copy of the CDC Form 1819 and the supporting docu-
ments) shall be retained by each facility for a minimum of seven years.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
2601(d). Penal Code.
History
1. Amendment of section heading and section, andredesignation of former subsec-
tions 3136{a)-(h) to subsections 3006(c)( 1 )-(8) filed 1-3-95 as an emergency;
operative 1-3-95 (Register 95. No. 1 ). A Certificate of Compliance must be
transmitted to OAL 6-12-95 or emergency language will be repealed by opera-
tion of law on the following day.
2. Editorial correction of History 1 (Register 95. No. 24).
3 . Amendment of section heading and section, and redesignation of former subsec-
tions 3 1 36(a)-{ h) to subsections 3006(c)( 1 ) -( 8) refiled 6- 1 3-95 as an emergen-
cy: operative 6-13-95 (Register 95, No. 24). A Certificate of Compliance must
be transmitted to OAL by 1 1-20-95 or emergency language will be repealed by
operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
12-27-95 by operation of Government Code section 1 1346.1(f). Certificate of
Compliance as to 6-1 3-95 order transmitted to OAL 1 1-9-95; disapproved by
OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95,
No. 52).
5. Amendment filed 12-27-95 as an emergency pursuant to Government Code
section 11346.1; operafive 12-27-95 (Register 95, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-25-96 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 12-27-95 order including amendment of sub-
section (b) transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
7. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3137. Appeals Relating to Mail and Correspondences.
(a) Inmates, their correspondents, and publishers may appeal depart-
mental rules, regulations, policies, approved facility procedures and their
application relating to mail and correspondence.
(b) Inmates shall use the established inmate appeal procedures as pro-
vided in section 3084. 1 , et seq. An inmate' s submittal of an appeal within
15 days of a notice that mail is being designated as undelivered will post-
pone any disposition of the mail until an appeal decision is made at the
third level of appeal review. If the inmate's appeal is denied at the third
level of appeal review, the item of mail shall be disposed of as provided
in subsection 3191(c).
(c) Persons other than inmates should address any appeal relating to
department policy and regulations to the Director of the Division of Adult
Institutions (DAI). Appeals relating to a specific facility procedure or
practice should be addressed in writing to the Warden, or Associate Di-
rector of the facility where the appeal issue arises. A written response
shall be provided within 1 5 working days. Appeals that are not satisfacto-
rily resolved at this level may be forwarded in writing to the Director of
the DAI who shall provide a written response within 20 working days.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
2601, Penal Code; and In re Miiszalski, 52 Cal App. 3rd 500.
History
1 . Amendment of section heading, renumbering and amendment of former subsec-
tion 3147(a)(5)(C) to section 31 37 subsection (b). and amendment of Noii : filed
6-6-96; operative 6-6-96 pursuant to Government Code section 1 1343.4(d)
(Register 96, No. 23).
2. Amendment of secdon heading and section filed 7-17-2008; operative
7-17-2008 pursuant to Government Code section 1 1343.4 (Register 2008. No.
29).
§3138. Indigent Inmates.
(a) Upon an indigent inmate's request, writing paper, envelopes, a
writing implement, and the postage required for five 1 -ounce First-Class
letters per week shall be supplied. Inmates are not allowed to trade, trans-
fer, or swap indigent inmate supplies with another inmate.
(b) Except as provided in subsection 3138(h) for mail to the courts or
to the Attorney General, indigent inmates may request to mail any type
of correspondence that weighs more than one ounce. Indigent inmates
must relinquish the appropriate number of indigent envelopes to either
their assigned Correctional Counselor or housing unit staff with the item
to be mailed. If the item to be mailed weighs more than five ounces, the
indigent inmate must relinquish all five indigent envelopes. Staff must
forward the indigent envelopes with the item to be mailed to the mail-
room with the notation that it is to be mailed for the indigent inmate. In
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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order to facilitate this mailing, if requested, staff shall provide the indi-
gent inmate with one appropriately sized envelope.
(c) Foreign mail requiring postage in excess of the minimum required
for First-Class Mail shall be limited to two of the five letters.
(d) Indigent envelopes issued to an inmate become their property. The
inmate shall be allowed to utilize the envelopes regardless of current fi-
nancial status. A charge shall not be placed against future deposits to the
inmate's trust account to recover the cost of materials and postage pro-
vided, while the inmate was indigent as defined in subsection 3 1 33(a)(5).
(e) All inmate requests for indigent envelopes shall be authorized by
the Institutional Inmate Trust Account Office.
(f) Any inmate attempting to use a State issued envelope intended for
another inmate who is indigent shall receive progressive discipline pur-
suant to CCR section 3312.
(g) Indigent inmates desiring to correspond with their attorney or any
other confidential correspondent shall be required to utilize their weekly
allotment of indigent supplies to send such correspondence.
(h) In addition to indigent writing supplies and postage for the five (5)
one ( 1 ) ounce letters per week, indigent inmates shall have free and un-
limited mail to any court or the Attorney General's Office.
( 1 ) Upon request, institutions shall also provide indigent inmates free
copying of the legal documents limited to the number of copies of a docu-
ment required by the court, plus one copy for the opposing party and one
copy for the inmate's records.
(2) If the case is accepted by the court, the need for future copies of
legal documents and necessary postage will be evaluated on a case-by-
case basis.
(3) A charge shall not be placed against future deposits to the inmate's
trust account to recover the cost of materials, copying and postage pro-
vided, while the inmate was indigent.
(i) Each institution shall establish local procedures for the issuance of
writing supplies to indigent inmates.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
4570. Penal Code; and Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolfish,
99S. Ct. 1861.
History
1 . Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No.
1 ). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emer-
gency language will be repealed by operation of law on the following day.
2. Reinstatement of section as it existed prior to emergency amendment filed
7-25-95 by operation of Government Code section 11346.1(0 (Register 95,
No. 30).
3. Amendment of subsecdons (a)-(c) filed 7-25-95 as an emergency; operative
7-25-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted
to OAL by 1 1-22-95 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 7-25-95 order transmitted to OAL 11-17-95
and filed 1-3-96 (Register 96, No. 1).
5. Renumbering of former subsections 3147(a)(9)(G) through (a)(9)(J) to newly
designated subsections 3138(d) through (g), amendment of newly designated
subsections (d)(1), (f)(l)-(f)(2), (g) and Note filed 6-6-96; operative 6-6-96
pursuant to Government Code section 1 1343.4(d) (Register 96, No. 23).
6. Amendment of subsection (d)(1) filed 12-30-2003 as an emergency; operative
1-1-2004 (Register 2004, No. 1). Pursuant to Penal Code section 5058.3(a)(1),
a Certificate of Compliance must be transmitted to OAL by 6-9-2004 or emer-
gency language will be repealed by operation of law on the following day.
7. Withdrawal and repeal of 12-30-2003 amendment filed 5-27-2004 as an emer-
gency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be ti^ansmitted to OAL by
9-24-2004 or emergency language will be repealed by operation of law on the
following day.
8. Amendment of subsection (d)(1) and Note filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 1 1-3-2004
or emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
1 0. Renumbering of former section 3 1 38 to section 3 1 34 and renumbering of for-
mer section 3 1 34 to new section 3138, including repealer and new section, filed
7-17-2008; operative 7-17-2008 pursuant to Government Code section
1 1343.4 (Register 2008, No. 29).
§ 3139. Correspondence Between Inmates, Parolees, and
Probationers.
Inmates shall obtain written authorization from the Warden/Regional
Parole Administrator or their designee/assigned probation officer, per-
son in charge of the County Jail and/or other State Correctional Systems,
at a level not less than Correctional Captain/Facility Captain or Parole
Agent III, to correspond with any of the following:
( 1 ) Inmates under the jurisdiction of any county, state or federal, juve-
nile or adult correctional agency.
(2) Persons committed to any county, state or federal program as a civil
addict.
(3) Persons on parole or civil addict outpatient status under the juris-
diction of any county, state or federal, juvenile or adult correctional
agency.
(4) Persons on probation.
(b) Inmates may initiate requests to correspond with the above by con-
tacting their Correctional Counselor I (CCI). Parolees may initiate re-
quest by contacting their Parole Agent (PA).
Inmates may be allowed to correspond with the persons described in
subsections 3139(a)(l ) through (4) provided those persons meet the cri-
teria of approval of no known gang affiliation, or involvement with a
known terrorist group or racketeering enterprise.
(c) The CCl/PA shall interview the inmate/parolee and/or review their
C-file/Field File to obtain the information required to process an in-
mate's Request for Correspondence Approval, CDC Form 1074 (Rev.
08/87). If an inmate's request to correspond with another inmate/parolee
is denied, the CCl/PA shall advise the inmate in writing.
(1) When reviewing the initiating inmates C-file, staff shall ascertain
whether prior approval exists. If prior approval exists, a copy of the pre-
viously approved CDC Form 1074 shall be forwarded to both institution-
al mailrooms.
(2) When an initiating inmate's request to correspond with another in-
mate meets the criteria for approval per section 3 1 39(b), and no prior ap-
proval exists, the CCI/PAI shall ensure that a CDC Form 1074 is com-
pleted.
(3) If the request is approved, staff shall retain the fifth page in the C-
File/Field/File at the requesting institution/parole office. The remaining
four pages shall be forwarded, intact, to the institution/parole office/
probation office/other county, state or federal facility where the other re-
quested correspondent is housed. Neither a photocopy of the CDC Form
1074, nor the fifth page, shall be forwarded to the C-File or mailroom
while the correspondence approval is pending.
(4) If the request to correspond is denied at the institution/parole of-
fice/probation office/other state correctional facility, the reason for de-
nial shall be annotated on the CDC Form 1074, and it shall be returned,
in its entirety, to the sending institution/ parole office.
(5) Copies/photocopies shall not be delivered to the requested inmate,
the receiving institutions mailroom, or the housing unit.
(6) Upon receipt of the disapproved CDC 1074, staff at the sending
institufion/field office shall ensure that the 2nd page is returned to the ini-
tiating inmate.
(7) If correspondence is approved at the institufion/parole office, staff
shall ensure that the CDC Form 1074 is completed. They shall retain the
third and fourth pages for distribution. If the third page and fourth pages
are not legible, the CCI/PAI shall make photocopies of the first page prior
to forwarding the completed CDC Form 1074 to the sending institution.
The approved CDC Form 1074 will be distributed as directed on the
form.
(8) Photocopies of the CDC Form 1074 shall not be made for the hous-
ing unit(s). The housing units shall not keep records of approved corre-
spondents.
(9) The mailroom supervisor shall establish and maintain a record of
approved CDC Form 1074s.
(10) When a CDCR inmate requests to correspond with an inmate in
a county, state, or federal facility, or if the request is from a county, state,
•
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Title 15
Adult Institutions, Programs and Parole
§3141
or federal inmate, the CCI shall ensure that a CDC Form 1074 is com-
pleted along with a cover letter that thoroughly explains the need for the
CDC Form 1 074. If the request is denied, the CCI shall ensure that a letter
is forwarded to the requesting agency thoroughly explaining the denial.
(d) There shall be no limits set on the number of times approved in-
mates/parolees/probationers can correspond with one another unless re-
voked. The approval to correspond may be revoked due to disciplinary
violations involving correspondence between the inmates/parolees or as
a result of a classification action based on safety and security. Any such
restriction, or revocation of approval, shall be communicated to in-
mate(s)/parolee(s) and to the warden(s)/parole administrator(s) of the
institution/facility where the inmate(s)/parolee(s) are housed.
(e) Wardens at institutions where there are segregated housing units
such as, but not limited to. Security Housing Units (SHU), Administra-
tive Segregation Units (ASU), and Psychiatric Services Units (PSU),
shall outline in their local procedure any further restrictions on corre-
spondence due to safety and security concerns, limited to those specific
housing units.
(f) The most restrictive a facility can be with respect to inmate mail
privileges is to limit correspondence between inmates to only the follow-
ing:
( 1 ) Immediate Family Members as defined in section 3000.
(2) Co-litigants on active cases, until the case is resolved.
(3) Incarcerated natural parent of the inmate's child.
A facility may not restrict mail privileges between an inmate and any
of the above three types of correspondents, unless the inmate or the corre-
spondent violates section 3006 or other CCR section.
(g) Approval to correspond shall remain in effect upon transfer to
another departmental facility or another parole office.
(h) If an inmate's transfer is based on case factors that create security
concerns, such as, but not limited to, placement in SHU, ASU, or PSU,
a reexamination by committee of all approved correspondence shall be
conducted. The CCI shall review and recommend to committee whether
to continue approval of the correspondence.
(i) If an institution/parole office receives mail from an unapproved in-
mate/parolee correspondent, staff shall mark the envelope with "Not an
Approved Correspondent" or equivalent language and return it to the
sender.
(j) Inmates confined in departmental facilities may correspond with
former inmates. Prior approval of the warden, superintendent, or person
in charge of the correctional facility is required if the person was dis-
charged from a facility within the past twelve months.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
4570, Penal Code; Procunier v. Martinez, 416 U.S. 396; and Bell v. Wolffish, 99
S. Ctl861.
History
1 . Change without regulatory effect amending first paragraph and subsection (b)
filed 4-4-2001 pursuant to section 100, title 1 , California Code of Regulations
(Register 2001, No. 14).
2. Amendment of section heading and section, including renumbering and amend-
ment of former section 3 140 to new subsection 3 139^), filed 7-17-2008; opera-
tive 7-17-2008 pursuant to Government Code section 1 1343.4 (Register 2008,
No. 29).
cessing the funds shall be recorded on the envelope before it is forwarded
to the inmate. The stamped envelope is the inmate's receipt for the funds.
(4) Cash received in incoming mail will be returned to the sender.
Mailroom staff shall notify the inmate in writing, informing them that
cash was received and will be returned to sender. The envelope contain-
ing the cash and two copies of the memo will be forwarded to the Inmate
Trust Office to be returned to the sender.
(5) Mailroom staff shall arrange the day's remittances in numerical or-
der. The remittances shall be listed in sequence on the report of collec-
tions. This report shall include each inmate's name, departmental identi-
fication number, type of payment amount and the total received.
(b) Generally, inmates are not eligible to receive Supplemental Securi-
ty Income (SSI) checks from the Social Security Administration, Veteran
Affairs Benefits, or Welfare checks from the California Department of
Social Services/County Welfare agencies. Depending upon eligibility,
inmates may be allowed to receive tax refund checks.
( 1 ) A facility representative shall be appointed by the Associate War-
den, Business Services, to assist outside agencies in determining an in-
mate's eligibility.
(2) Mailroom staff shall deliver all received SSI, Veteran Affairs
Benefits, and/or welfare and/or tax refund checks to the Inmate Trust Of-
fice. The Accounting Officer shall noUfy the facility representative that
checks are being held pending determination of eligibility of the inmates
to receive the checks. The facility representafive shall notify the ap-
propriate agency.
(3) Unauthorized checks shall be returned to the appropriate agency.
(c) When a U.S. Government check is received for an inmate who is
deceased or discharged from CDCR, the check and envelope shall be re-
turned to the sending agency with the necessary information shown as to
the inmate being deceased or discharged.
( 1 ) If an inmate has been transferred to another facility, the check shall
be forwarded including a note requesting the inmate to notify the state or
federal agency of their change of address.
(2) Mail received for inmates who have been paroled shall be for-
warded to the office of the parole region to which the inmate was re-
leased, or if unable to locate the parolee, the check should be returned to
the originating state or federal agency.
(d) Funds not in the form of money orders or certified checks shall not
be released for spending by the inmate until the funds have cleared the
bank upon which they were drawn. When personal checks are received,
the face of the envelope in which the check was received shall be im-
printed with a stamp that reads that the personal check has been accepted
at this rime.
(e) No foreign currency shall be accepted. If foreign currency is re-
ceived, the entire envelope and its contents shall be returned to sender
with a pre-printed notice to the sender which states it is unauthorized.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 2601 , Penal
Code.
History
1. Renumbering of former section 3140 to subsection 3139(j) and new section
3140 filed 7-17-2008; operative 7-17-2008 pursuant to Government Code
section 1 1343.4 (Register 2008, No. 29).
§ 3140. Funds Enclosed in Correspondence.
(a) Funds may be mailed to an inmate in the form of a money order,
certified check, personal check, or any other negotiable means except
cash and Travelers Checks.
( 1 ) The check or money order shall be made payable to the California
Department of Correcfions and Rehabilitation with the inmate's last
name and departmental idenfificafion number. This information shall be
on the face of the check or money order.
(2) Funds from other inmates/parolees shall be only accepted from ap-
proved correspondents, pursuant to section 3139, who are members of
the same family, or the parent of the inmate's child(ren).
(3) Funds received in the mail shall be removed from the envelope by
mailroom staff, and the envelope shall be imprinted with a stamp that
reads "Funds Enclosed." The date, amount, and initials of the person pro-
§ 31 41 . Confidential Correspondence.
(a) Confidential correspondence is a right guaranteed by law. Using
confidential correspondence for personal non-business correspondence,
the transmission of contraband items, or the smuggling of letters and oth-
er communications to be forwarded to persons not listed in subsection (c)
is an abuse of this right and such proven abuse may be subject to disci-
plinary action as described in Sections 3314 and 3315.
(b) Confidential mail will not be limited to First Class mail standards.
Mail received from confidential correspondents will be processed re-
gardless of weight or postage class.
(c) Persons and employees of persons with whom inmates may corre-
spond confidentially and from whom inmates may receive confidential
correspondence include:
(1) All state and federal elected officials.
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§3142
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) All state and federal officials appointed by the governor or the Pres-
ident of the United States.
(3) All city, county, state and federal officials having responsibility for
the inmate's present, prior or anticipated custody, parole or probation su-
pervision.
(4) County agencies regarding child custody proceedings, as clearly
identified in the communication and listed on the envelope.
(5) All state and federal judges and courts.
(6) An attorney at law, on active status or otherwise eligible to practice
law, listed with a state bar association.
(7) All officials of a foreign consulate.
(8) The Secretary, Undersectary, Chief Deputy Secretaries, Executive
Director, Assistant Secretaries, Division Directors, Deputy Directors.
Associate Directors, the Chief, Inmate Appeals, and the Lead Ombuds-
man's Office of the Department.
(9) A legitimate legal service organization that consists of an estab-
lished group of attorneys involved in the representation of offenders in
judicial proceedings including, but not limited to:
(A) The American Civil Liberties Union.
(B) The Prison Law Office.
(C) The Young Lawyers Section of the American Bar Association.
(D) The National Association of Criminal Defense Lawyers.
(E) California Appellate Project.
(d) All incoming confidential mail from an attorney or legal service or-
ganization shall include the attorney's name, title, and return address of
their office. Institution mailroom staff shall contact the CDCR Office of
Legal Affairs Division at Headquarters if there is any question regarding
the legitimacy of a legal service organization.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
5054, Penal Code; and /« re Jordan, 12 CA 3rd 575 (1974); and King v. Borg,
USDC-ED Case No. CIV. S-87-0519 LKK/PAN/P.
History
1. Editorial correction of subsection (a) filed 2-19-85 (Register 85, No. 8).
2. Change without regulatory effect adopting new subsection (c)(8) and amending
NOTI- filed 8-19-93; operative 8-19-93 (Register 93, No. 34).
3. Repealer of subsection (c)(6) and subsection renumbering filed 4-8-96 as an
emergency; operadve 4-8-96 (Register 96, No. 15). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
9-15-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and
disapproved 10-28-96 (Register 96, No. 44).
5. Repealer of subsecdon (c)(6) and subsection renumbering filed 10-28-96 as an
emergency; operadve 10-28-96 (Register 96, No. 44). Pursuant to Penal Code
secdon 5058(e), a Certificate of Compliance must be transmitted to OAL by
4-6-97 or emergency language will be repealed by operadon of law on the fol-
lowing day.
6. Certificate of Compliance as to 10-28-96 order transmitted to OAL 3-3-97 and
filed 4-14-97 (Register 97, No. 16).
7. New subsection (c)(4), subsection renumbering, and amendment of Note filed
7-28-97 as an emergency; operadve 7-28-97 (Register 97, No. 31). Pursuant
to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL
by 1-5-98 or emergency language will be repealed by operadon of law on the
following day.
8. Certificate of Compliance as to 7-28-97 order, including further amendment of
subsecdon (c)(4), transmitted to OAL 12-2-97 and filed 1-15-98 (Register 98,
No. 3).
9. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 13434 (Register 2008, No. 29).
§ 3142. Processing of Outgoing Confidential l\/lail.
In order to be accepted and processed as confidential correspondence,
an inmate's letter shall comply with the following requirements:
(a) The letter must be addressed to a person or to the office of a person
listed in Section 3141. The address of an attorney must match the address
listed with the State Bar.
(b) The inmate' s full name, department identification number, and the
address of the facility shall be included in the return address appearing
on the outside of the envelope.
(c) The word "confidential' ' shall appear on the face of the envelope.
Failure to do this will result in the letter being processed as regular mail
or being returned to the inmate if for any reason the mail cannot be pro-
cessed as regular mail.
(d) Inmates shall post confidential mail by presenting the mail un-
sealed to designated staff. In the presence of the inmate, the staff shall re-
move the contents of the envelope upside down to prevent reading of the
contents. Staff shall remove the pages and shake them to ensure there is
no prohibited material, consistent with these regulations. If no prohibited
material is discovered, the contents shall be returned to the envelope and
sealed. Staff shall place their signature, badge number and date across the
sealed area on the back of the envelope. Staff shall then deposit the confi-
dential mail in the appropriate depository.
(e) If prohibited material is found in the confidential mail, the prohib-
ited material shall be confiscated; however, the letter may be returned to
the inmate or mailed following the process outlined above. If the prohib-
ited material indicates a violation of the law or intent to violate the law,
the matter may be referred to the appropriate authorities for possible pro-
secution. Administrative and/or disciplinary acdon shall also be taken
against all parties involved.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 2601, Penal
Code.
History
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code secdon 1 1343.4 (Register 2008, No. 29).
§ 3143. Processing Incoming Confidential Mail.
Incoming letters must show the name, title, return address and the of-
fice of persons listed in Section 3141 on the outside of the envelope to
be processed as confidential correspondence. An attorney's return ad-
dress must match the address listed with the State Bar. A nodce or request
for confidentiality is not required on the envelope. Correspondence that
is appropriately addressed with a return address that indicates it may be
confidential shall be processed and treated as confidential correspon-
dence whether or not it is stamped as such.
(a) Designated staff shall open the letter in the presence of the ad-
dressed inmate at a designated time and place. Staff shall not read any of
the enclosed material. Staff shall remove the pages and shake them to en-
sure the absence of prohibited material.
(b) Inmates shall sign for all confidential mail at the time of delivery.
This shall be accomplished by use of a permanent logbook or use of re-
ceipts. If receipts are used, the receipts shall be forwarded to the mail-
room for filing. The log book at a minimum must record the date of deliv-
ery, the inmates name and departmental identification number, and the
senders name and address.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Secdon 2601, Penal
Code.
History
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3144. Inspection of Confidential Mail.
Confidential mail will be opened and inspected for contraband in the
presence of the inmate addressee. Inspecting correctional officials will
not read any of the contents of the confidential mail. Confidential mail
may be further inspected, for cause only.
(a) Cause may include, but is not limited to, the reasonable belief by
correctional officials that the letter is not addressed to or is not from an
official or office listed in Section 3 141 or when other means of inspection
indicates the presence of physical contraband in the envelope. In such
instances the mail will be opened in the presence of the inmate for deter-
mination.
(b) Administrative action may be taken to restrict, for cause, the confi-
dential mail privileges afforded to an attorney pursuant to this Article.
(1) A first offense of a non-serious mail rule violation of the depart-
ment's mail regulations shall result in a written warning or up to a six-
month suspension of the attorney's confidential mail privileges. A non-
serious mail violation means a violation of the inmate regulations that is
not chargeable as a felony but is nevertheless unlawful, such as an enclo-
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Title 15
Adult Institutions, Programs and Parole
§3147
sure of contraband into the confidential mail, or a misrepresentation of
the sender or addressee's identity.
(2) A second offense of a non-serious mail rule violation shall result
in modification/suspension of confidential mail privileges for a period of
up to twelve months.
(3) A third offense of a similar nature and/or a first offense that could
be charged as a felony that jeopardizes the safety of persons, or the securi-
ty of the facility, shall result in confidential mail privileges being sus-
pended from one year up to an indefinite period of time.
(4) The attorney must petition the Warden or Director of the Division
of Adult Services (DAI) for reinstatement of confidential mail privileges.
The confidential mail privilege may be a statewide suspension for any
offense that could be prosecuted as a felony. Only the Director of the DAI
or designee shall issue a statewide suspension of confidential mail privi-
leges.
(c) Upon determining that the envelope contains prohibited material
or that there is a misrepresentation of the sender's or the addressee's iden-
tity the letter and any enclosures may be examined and read in its entirety
to determine the most appropriate of the following actions:
( 1 ) When the prohibited material or misrepresentation of identity indi-
cates a violation of the law or an intent to violate the law, the matter will
be referred to the appropriate criminal authorities for possible prosecu-
tion. Any case referred to criminal authorities will be reported to the Di-
rector of the DAI. When a case is referred to criminal authorities and the
determination is made not to prosecute, the fact of the referral and the de-
termination made will be reported to the inmate and to the inmate' s corre-
spondent. The Director of the DAI will be informed of the outcome of all
referrals to criminal authorities.
(2) When an inmate's action or complicity indicates a violation of law;
the regulations set forth in this article; or approved facility mail proce-
dures; the matter may also be handled by appropriate disciplinary action.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 2601 , Penal
Code; and Wolff v. McDonald, 94 S. Ct. 2963 (1974).
History
1. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 11 343.4 (Register 2008, No. 29).
§ 3145. Enclosures in Confidential Mail.
When the inspection of confidential correspondence discloses written
or printed enclosures, the enclosures will be treated in the same manner
as confidential correspondence. The inmate will not be given the enclo-
sures or be allowed access to the enclosures except as authorized in the
following subsections:
(a) The inmate may consent to an immediate examination of the enclo-
sure by staff who issues mail. Such examination will be limited to the ex-
tent necessary to determine if the enclosure may be safely admitted into
the facility under the standards of Penal Code Section 260 1 . The conclu-
sion of the examiner will be written on the enclosure, and be dated and
signed by the examiner. If the enclosure can be safely admitted into the
facility, it will be given to the inmate. If in the examiner's opinion the en-
closure does not meet the standards of Penal Code Section 2601 and can-
not be safely admitted into the facility, it will be referred to staff at not
less than the Correctional/Facility Captain level, for final determination.
If not released to the inmate at this level, the inmate will be allowed ac-
cess to the enclosure only as authorized in subsection (b).
(b) The inmate may decline to consent to examination of enclosures
in confidential mail by any staff When this occurs, the enclosure will be
immediately placed in a separate envelope and the envelope will be
sealed in the presence of the inmate. The separate envelope will, at the
inmate's choosing, be returned to the sender with the mailing cost
charged to the inmate's trust account, or disposed of pursuant to section
3191(c). The inmate is entitled to keep the letter or correspondence and
the envelope it came in.
(c) Any person who examines the content of mail under the authority
of this article or in connection with an appeal by an inmate of a ruling un-
der this article, must keep the content of the material which was examined
in strict confidence. No original, copy, excerpt, or summary of personal
correspondence to or from an inmate shall be made or be placed in an in-
mate's C-file unless such correspondence is or has been the subject of:
( 1 ) Legal, disciplinary, criminal investigation, or casework determina-
tion and actions affecting the inmate.
(2) When the recipient of an inmate's disturbing or offensive mail cor-
responds with the facility and requests administrative action, subject to
section 3135.
(3) If an inmate requests that a copy of personal correspondence be
placed in their C-file and the inmate's caseworker deems it appropriate
to do so based on the relationship of the correspondence to the inmates
incarceration.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 2600. Penal
Code; and In re Jordan, 12 CA 3rd 575 (1974).
History
1 . Change without regulatory effect amending subsection (a) filed 4-3-2001 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2001 , No.
14).
2. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3146. Mail in Languages Other Than English.
Mail may be subject to a delay for translation of its contents by staff
When such delay exceeds normal mail processing by five business days,
the inmate shall be notified in writing of the delay, the reason for the
delay, and subsequent determinations and actions regarding that item of
mail. If staff are unable to translate the letter and its contents within 20
business days of notice to the inmate, then the letter shall be delivered to
the inmate untranslated.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
2601. Penal Code.
History
1. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No.
1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emer-
gency language will be repealed by operation of law on the following day.
2. Amendment refiled 6-13-95 as an emergency; operative 6-1 3-95 (Register 95,
No. 24). A Certificate of Compliance must be transmitted to OAL by 1 1-20-95
or emergency language will be repealed by operation of law on the following
day.
3. Reinstatement of section as it existed prior to emergency amendment filed
12-27-95 by operation of Government Code section 1 1346.1(0- Certificate of
Compliance as to 6-13-95 order transmitted to OAL 1 1-9-95; disapproved by
OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Register 95,
No. 52).
4. Amendment filed 12-27-95 as an emergency pursuant to Government Code
section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-25-96 or emergency language
will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 12-27-95 order including amendment of sec-
tion transmitted to OAL 4-25-96 and filed 6-6-96 (Register 96, No. 23).
6. Amendment filed 7-17-2008; operative 7-17-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 29).
§ 3147. Definition and Disposition of Mail. [Renumbered]
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2080,
2600, 2601, 4570 and 5054, Penal Code; Procunier v. Martinez. (1974) 416 U.S.
396; Bell v. Wolfish, (1979) 99 S. Ct. 1861; Thornburgh v. Abbott (\9m) 109 S.
Ct. 1874; Turner v. Safely (1987) 107 S. Ct. 2256; and Sections C031.3.0 and
C03 1.5.4, Domestic Mail Manual, issue 46 7/1/93, U.S. Postal Regulations.
History
1 . Amendment of subsection (a)(9)(G) filed 2-16-83; effective thirtieth day there-
after (Register 83, No. 8).
2. Editorial correction of subsecdon (a)(9)(G) filed 2-17-83 (Register 83, No. 8).
3. Editorial correction of printing error in subsection (a)(5)(A) (Register 92, No.
5).
4. Amendment of subsection (a)(2) and Noxh filed 6-17-94 as an emergency; op-
erative 6-17-94 (Register 94, No. 24). A Certificate of Compliance must be
transmitted to OAL by 10-15-94 or emergency language will be repealed by
operation of law on the following day.
5. Certificate of Compliance as to 6-17-94 order transmitted with amendments to
OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment of subsection (a)(9)(I) and Note filed 1-3-95 as an emergency; op-
erative 1-3-95 (Register 95, No. 1 ). A Certificate of Compliance must be trans-
mitted to OAL 6-12-95 or emergency language will be repealed by operation
of law on the following day.
7. Amendment of subsections (a)(9)(I)l .-5. and Noth refiled 6-1 3-95 as an emer-
gency; operafive 6-13-95 (Register 95, No. 24). A Certificate of Compliance
must be transmitted to OAL by 11-20-95 or emergency language will be re-
pealed by operation of law on the following day.
8. Reinstatement of section as it existed prior to emergency amendment filed
12-27-95 by operafion of Government Code section 1 1346.1(f). Certificate of
Page 160.3
Register 2008, No. 29; 7-18-2008
§3150
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Compliance as to 6-1 3-95 order transmitted to OAL 1 1-9-95: disapproved by
OAL and order of repeal as to 6-13-95 order filed on 12-27-95 (Reaister 95,
No. 52).
9. Amendment filed 12-27-95 as an emergency pursuant to Govemment Code
section 11346.1; operative 12-27-95 (Register 95, No. 52). A Certificate of
Compliance must be transmitted to OAL by 4-25-96 or emergency language
will be repealed by operation of law on the following day.
10. Ceilificate of Compliance as to 12-27-95 order including amendment of sub-
sections (a)(5) and (a)(5)(A), relocation of former subsection (a)(5)(C) to sec-
tion 3 1 37(b). redesignation and amendment of former subsection (a)(6) to sub-
section (a)(5)(B), repealer of former subsections (a)(6)(A) through (a)(6)(D)
and subsection renumbering, amendment of newly designated subsections
(a)(6), (a)(7), (a)(8)(C) through (a)(8)(E). and relocation of former subsections
(a)(9)(G) through (a)(9)(.I) to section 3138(d) through (g) transmitted to OAL
4-25-96 and filed 6-6-96 (Register 96, No. 23).
1 1 . Renumbering of former section 3147 to new secUon 3133 filed 7-17-2008;
operative 7-17-2008 pursuant to Govemment Code section 1 1343.4 (Register
2008, No. 29).
Article 5. Inmate Manuscripts
§3150. Definitions.
History
1. Change without regulatory effect repealing section filed 10-29-90 pursuant to
section 100, title 1 . California Code of Regulations (Register 91, No. 6).
§3151. Possession.
Any manuscript as defined in section 3000 remains the property of the
inmate who created it. It may be retained in the inmate's possession ex-
cept as otherwise described in section 3152.
Comment: Former DP-2502, possession of manuscripts.
History
1 . Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
§ 3152. Unauthorized or Dangerous Material.
(a) If unauthorized state materials have been used in the creation of a
manuscript, the item may be impounded pending disciplinary action and
reiinbursement by the inmate for materials used.
(b) An inmate will not be permitted to retain in his or her personal pos-
session manuscripts which violate the provisions of Section 3006. Any
such manuscript will be confiscated and disposed of in accordance with
the provisions of Section 3006(c). or providing there is no conflict with
the regulations governing mail and handicraft as set forth in Subchapter
1 , Articles 2 and 4 of these regulations, the manuscript and related materi-
al may be sent to a person outside the correctional facility as designated
by the inmate.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600,
2601 and 5054, Penal Code.
History
1 . Repealer and new subsection (b) filed 1 0-7-82; effective thirtieth day thereafter
(Register82, No. 41).
§3153. Mailing.
Incoming and outgoing manuscripts will be processed as regular inail
in accordance with the provisions of Sections 3136 and 3138.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5055, Penal Code.
History
1 . Repealer and new section filed 1 0-7-82; effective thirtieth day thereafter (Res-
ister82. No. 41).
Article 6. Legal Documents
§3160. inmate Access to Courts.
(a) Inmate access to the courts shall not be obstructed. Staff shall assist
illiterate inmates or those physically incapable of preparing forms
adopted under rules of the United States courts and the Judicial Council
of California for petitions for habeas corpus or modification of custody
if such an inmate requests assistance. Staff shall not in any way retaliate
against or discipline any inmate for initiating or maintaining a lawsuit.
[The next page is 16 L
Page 160.4
Register 2008, No. 29; 7-18-2008
Title 15
Adult Institutions, Programs and Parole
§3165
(b) In addition to any other court costs, filing fees, or procedures, an
inmate initiating a state civil action shall pay a three-dollar ($3) filing fee
to the Department.
( 1 ) Civil actions are defined as any non-criminal actions. For the pur-
poses of this regulation, habeas corpus actions are not considered civil
actions.
(2) The filing fee shall be charged against the inmate's trust account.
(3) If the inmate is without sufficient funds at the time of the charge,
the civil action shall be allowed to be transmitted to the courts, and the
inmate shall not be charged for any remaining balance of the filing fee.
NOTE: Authority cited: Section 505H, Penal Code. Reference: Sections 5054 and
2601, Penal Code.
History
1. Amendment of section heading and text and new Noth filed 10-19-93; opera-
tive 1 1-18-93 (Register 93, No. 43).
2. Newly designated sub.section (a), new subsections (b)-(b)(2) and amendment
of NoTi-: filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1 ).
A Certificate of Compliance must be transmitted to OAL 6-12-95 or emergen-
cy language will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed
7-25-95 by operation of Government Code section 1 1346.1(0 (Register 95,
No. 30).
4. New emergency amendment filed 7-25-95; operative 7-25-95 (Register 95,
No. 30). A Certificate of Compliance must be transmitted to OAL by 1 1-22-95
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 7-25-95 order transmitted to OAL 9-7-95 and
filed 10-16-95 (Register 95, No. 42).
§ 3161. inmate-Owned Legal Materials.
Inmate-owned legal materials/documents, law books and papers shall
be limited to the availability of space authorized by section 3190(b) for
personal property in the inmate's quarters/living area except as specified
in this section. Inmates may possess up to one cubic foot of legal materi-
als/documents related to their active cases, in excess of the six cubic feet
of allowable property in their assigned quarters/living area. Legal materi-
als/documents, law books and papers in excess of this limitation shall be
disposed of pursuant to section 3 1 9 1 (c). Inmates may request the institu-
tion/facility store excess legal materials/documents related to their active
cases(s) when such materials/documents exceed this one cubic foot addi-
tional allowance. Inmate-owned law books in excess of the additional al-
lowance shall not be stored by the institution/facility.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of section heading and text and new Note filed 10-19-93; opera-
tive 1 1-18-93 (Register 93, No. 43).
2. Amendment filed 5-27-2004 as an emergency; operative 5-27-2004 (Register
2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 1 1-3-2004 or emergency language will
be repealed by operation of law on the following day.
3. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§ 3162. Legal Forms and Duplicating Services.
(a) The printed forms required by state and federal courts which are
supplied to the department by the courts shall be provided to inmates
without charge. Inmates shall be required to pay for the duplication of
printed forms and other written or typed materials, and for any special pa-
per and envelopes required for mailing to the courts. An inmate who is
without funds for 30 days or more after such materials and services are
provided shall not be required to pay for the cost of those materials and
services.
(b) Legal duplicating services for an inmate shall be restricted (pro-
vided such restrictions will not interfere with the inmate's access to the
courts) when that inmate abuses the service to such an extent that other
inmates are deprived of the services or it results in an unnecessary ex-
pense to the state. The authority to place such restrictions shall not be
delegated to staff below the level of correctional captain. The reasons for
any restrictions on the services provided an inmate shall be documented
on a CDC Form 128-B (Rev. 4.74), General Chrono, and placed in the
inmate's central file.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78. No.
33).
2. Amendment filed 4-18-80; effective thirtieth day thereafter (Reeister 80, No.
16).
3. Amendment of section heading and text filed 10-19-93; operative 1 1-18-93
(Register 93, No. 43).
§3163. Assisting Other Inmates.
One inmate may assist another in the preparation of legal documents,
but shall not receive any form of compensation from the inmate assisted.
Legal papers, books, opinions and forms being used by one inmate to as-
sist another may be in the possession of either inmate with the permission
of the owner. All papers must be returned to the respective owners when
either inmate is transferred to another institution or when other adminis-
trative action prevents direct communications between the inmates. An
inmate may be barred from giving legal assistance to other inmates when
violations of regulations and established procedures relate directly to
such activities. An inmate will not be barred from giving or receiving le-
gal assistance for violations of regulations and procedures which are un-
related to providing or receiving legal assistance. However, no otherwise
prohibited contacts or access to prohibited areas will be permitted be-
cause of this regulation.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Johnson v. Aven\
89S.Ct. 747(1969).
History
1 . Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No.
41).
§ 3164. Administrative Segregation.
(a) Inmates confined in administrative segregation for any reason will
not be limited in their access to the courts.
(b) During a period of disciplinary detention, as described in Section
3330, legal resources may be limited to pencil and paper which will be
provided upon request for correspondence with an attorney or the prepa-
ration of legal documents for the courts. Other legal material in the in-
mate's personal property may be issued to an inmate in disciplinary de-
tention if litigation was in progress before the inmate's placement in
disciplinary detention and legal due dates are imminent.
(c) Inmates who are housed in any restricted unit and who are not serv-
ing a period of disciplinary detention may possess and have access to any
legal resource material available to the general population and may assist
each other in their legal work to the extent compatible with institution se-
curity. For the purpose of this subsection, restricted units include recep-
tion centers, institution reception or orientation units, controlled housing
and security housing units.
(d) If an inmate' s housing restricts him or her from going to the inmate
law library, arrangements will be made to deliver requested and available
law library material to the inmate's quarters.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. Amendment filed 10-7-82; effecfive thirtieth day thereafter (Register 82, No.
41).
§ 3165. Mailing Legal Documents.
(a) The mailing of legal documents to courts and claims to the Board
of Control (BOC) is the inmate's responsibility. Mail designated by the
inmate as legal mail will be delivered to the facility mail room for inspec-
tion, pursuant to Sections 3 144 and 3 145, and mailing in accordance with
local facility mail procedures. The mail room shall maintain a current ad-
dress list of federal, state, county, appellate, and district courts. The mail
room will send mail out each working day.
(b) With each transmittal of mail to a court or claim filed with the BOC
requiring the addition of postage, the inmate must submit a signed CDC
Page 161
Register 2007, No. 42; 10-19-2007
§3170
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Form 1 93, Trust Account Withdrawal Order. The mail room will remove
the trust account withdrawal order, enter the amount of postage required,
and forward the order to the trust office for processing. Mail addressed
to a court or claims addressed to the BOC will be posted on the inmate's
CDC Form 1 19, Mail Record.
(c) Notarization of legal documents is not normally required by the
courts and will not be provided as a free service to any inmate, indigent
or not. Inmates must pay the established notary fee for such service.
(d) The cost of postage for mailing documents to the courts will be
charged against an inmate's trust account unless the inmate is without
funds at the time the material is submitted for mailing and remains with-
out funds for 30 days after the documents are mailed.
NOTl:: Authority cited: Section 5058, Penal Code. Reference: //; re Jordan, 1 Cal.
3rd 930 (1972).
History
1. Amendment filed 9-30-77; effective thirtieth dav thereafter (Register 77, No.
40).
2. New subsection (d) filed 4-18-80; effective thirtieth day thereafter (Resister
80, No. 16).
3. Amendment filed 10-7-82; effective thirtieth day thereafter (Register 82, No.
41).
4. Amendment of subsections (a) and (b) and amendment of NoTH filed 11-1 8-96;
operative 12-18-96 (Register 96, No. 47).
Article 7. Visiting
§ 31 70. General Visiting.
(a) These regulations are made in recognition and consideration of the
value of inmate visitation as a means of increasing safety in prisons,
maintaining family and community connections, and preparing inmates
for successful release and rehabilitation. It is the intent of these regula-
tions to establish a visiting process in the institutions/facilities of the de-
partment that is conducted in as accommodating a manner as possible,
subject to the need to maintain order, the safety of persons, the security
of the institution/facility, and required prison activities and operations.
(b) The privacy of inmates and their visitors shall be respected subject
to the need to verify the identity of an inmate or visitor; enforce laws, reg-
ulations, and procedures; and/or ensure the safely of persons and institu-
tion/facility security. Video-recording devices may be utilized in visit-
ing areas, excluding family visiting units or confidential attorney
consultation areas.
(c) Visits with inmates may, without prior notification, be terminated,
temporarily suspended, or modified in response to an institution/facility
emergency as determined by the institution head or designee. Emergency
modifications of the visiting schedule shall be posted at the institution/fa-
cility as soon as practical and will be included in the automated telephon-
ic visiting information system.
(d) Devices that do not allow physical contact between inmates and
visitors shall not normally be used, except as provided in section 3 170. 1
or as necessary in the following circumstances:
(1) Physical contact with a visitor(s), or with other inmates, will seri-
ously endanger the safety of persons or the security of the institution/fa-
cility,
(2) As a temporary measure for willful failure or refusal to abide by
visiting regulations.
(e) Each inmate and visitor is responsible for his or her own conduct
during visits. Any violation of laws, regulations, or local procedures gov-
erning visits may result in termination, suspension, revocation, or denial
of visiting with the person or persons involved, as described in section
3 1 76. Such violation may also result in exclusion from the facility, as de-
scribed in section 3176.3.
(f) Reasonable accommodation shall be afforded visitors and inmates
with disabilities to facilitate their full participation in contact, non-con-
tact, or family visiting as provided in these rules.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600,
5054 and 6400, Penal Code; and In re French, 164 Cal Rptr. 800 (1980).
History
1. Amendment filed 9-30-77: effective thirtieth day thereafter (Register 77, No.
40).
2. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
3. Amendment of subsection (d) filed 8-23-82; effective thirtieth day thereafter
(Register 82, No. 35).
4. Amendment of subsections (a), (c) and (e) filed 2-16-83; effective thirtieth day
thereafter (Register 83. No. 8).
5. Editorial coirection of printing error restoring subsection (s) (Register 94, No.
2).
6. Repealer of former article 7 (sections 3170-3179) and new article 7 (sections
3170-3179) and repealer and new section filed 2-18-2003; operative
3-20-2003 (Register 2003. No. 8).
7. Change without regulatory effect amending subsection (e) filed 5-22-2003 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2003, No.
21).
§ 31 70.1 . General Visiting Guidelines.
(a) Visiting is permitted only in designated areas and at designated
times.
(b) Inmates shall not be permitted to visit during the hours of their as-
signment to work, training, vocational and/or academic education, ex-
cept as provided in section 3045.2.
(c) No limitations shall be placed on the number of visitors approved
to visit an inmate. However, limitations on the length and frequency of
visits may be imposed to avoid overcrowding or the inequitable alloca-
tion of visiting time or for other reasons as provided in section 3176.
( 1 ) An inmate shall not be permitted a contact visit with more than five
persons, including minors, at the same time. Groups of visitors in excess
of five may be accommodated only once per visit by means of rotation
through the visiting area. Such rotation shall be considered a single visit
in the event it is necessary to terminate a visit in progress in accordance
with 3176(a)(9) and (10).
(2) An inmate shall not be permitted a non-contact visit with more than
three persons, including minors, at the same time. Groups of visitors in
excess of three may be accommodated only one per visit by means of
rotation through the visiting area. Such rotation shall be considered a
single visit in the event it is necessary to terminate a visit in progress in
accordance with 3176(a)(9) and (10).
(d) Visiting with more than one inmate at the same time, shall require
that both inmates are approved to visit in the same visiting room, and that
either:
( 1 ) The visitors and inmates are immediate family members as defined
in Section 3000; or
(2) The visitor(s) has prior written approval from the institution/facil-
ity head or designee.
(e) Inmates undergoing reception center processing shall be limited to
non-contact visiting. If non-contact visiting cannot be accommodated
because of physical plant limitations, the institution head shall take such
limitations into account in establishing an alternative visiting plan. In-
mates with disabilities, who remain at the reception center for extended
stays (exceeding 60 days) due to their disability, shall be authorized regu-
lar visiting privileges.
(f) Inmates assigned to Administrative Segregation and Security
Housing Units shall be eligible for non-contact visits only. On a case-
by-case basis, the institution head or designee may allow contact visits
for administratively segregated inmates. Visitors who have made ap-
pointments in advance for non-contact Administrative Segregation and
Security Housing Unit visits shall be given priority. Non-contact visits
shall be scheduled in one-hour increments and may be extended based
on space availability. When overcrowding occurs, those who have vis-
ited at least one-hour and who have been visiting for the longest time
may have their visits terminated as outlined in sections 3176(a)(9) and
(10).
(g) During contact visits, the inmate and visitor may pass, exchange,
or examine any item of property or consume food either party is per-
mitted to bring into or purchase in the visiting area, except those items
that are deemed to be contraband when in the possession of the inmate.
Neither party may retain or take anything from the visiting area which the
Page 162
Register 2007, No. 42; 10-19-2007
Title 15
Adult Institutions, Programs and Parole
§ 3172.1
other party was permitted to bring into or purchase in the visiting area,
except legal documents as provided in section 3178, and photographs
that are taken during the visit.
NOTIv. Authority cited: Section 5058, Penal Code. Reference: Sections 2600,
2601(c)(2), 4570 and 50.54, Penal Code.
History
1. New section filed 2-18-200.3; operative 3-20-200.1 (Register 2003. No. 8).
2. Change without regulatory effect amending subsection (c)(1) and amending
NoTi; tiled .5-22-2003 pursuant to section 1 00, title 1 , California Code of Regu-
lations (Register 2003, No. 21 ).
3. Amendment of subsection (d)(1) filed 10-16-2007; operative 11-L5-2007
(Register2007, No. 42).
§ 3170.5. Child Victim Visiting Restrictions.
NOTi:: Authority cited: Section 5058, Penal Code. Reference: Sections 1202.05,
5054 and 5054.2, Penal Code; and Section 362.6, Welfare and Institutions Code.
History
1. New section filed 8-12-93; as an emergency; operative 8-12-93 (Register 93,
No. 33). A Certificate of Compliance must be transmitted to OAL by 12-10-93
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 8-12-93 order including amendments trans-
mitted to OAL 1 1-20-93 and filed 1-1 1-94 (Register 94, No. 2).
3. Repealer filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 31 71 . Visiting Procedures.
(a) The institution head shall maintain visiting procedures for inmate
visiting at each institution/facility. All local visiting procedures must
conform to and shall not conflict with the rules and regulations set forth
in this article. The degree of informality of inmate visiting will be consis-
tent with the security requirements of each institution/facility.
(b) Inmates shall be informed of local visiting procedures and shall be
given a written summary of all rules, regulations and procedures govern-
ing visiting at the institution/facility. Additional copies shall be readily
available for inmates to give or send to their visitors. The written summa-
ry shall include the institution/facility visiting schedule. This same sum-
mary will be conspicuously displayed in all public entrances to the insti-
tution/facility and will be available to any interested person.
Institutions/facilities shall have the visiting days and hours, as well as ap-
propriate dress standards, clearly published in the visiting centers and in
the visitor processing area.
(c) Inmates may refuse to see a visitor. Such refusal shall not result in
removal of the visitor from the inmate's visitor list. To remove a visitor
from their approved visitor Ust, inmates shall submit a written request to
the visiting staff. After six months, the inmate may make a written re-
quest to have the visitor placed back on their approved visitor list. At this
time, the visitor shall reapply for approval to visit by submitting a visiting
questionnaire.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2080,
2086, 2930 and 5054, Penal Code.
History
1. Amendment of subsection (b) filed 8-27-82; effective thirtieth day thereafter
(Register 82, No. 35).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
3. Change without regulatory effect amending Note filed 5-22-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 21).
§ 31 72. Applying to Visit an Inmate.
(a) It is the inmate's responsibility to forward a visiting questionnaire
to any prospective visitor.
(b) All adults seeking to visit an inmate shall provide a completed visit-
ing questionnaire and obtain institution/facility approval before they
may be permitted to visit with an inmate.
( 1 ) An emancipated minor shall apply as an adult visitor, and shall pro-
vide a certified copy of the court order granting emancipation.
(2) A minor legal spouse of an inmate may apply to visit the inmate as
an adult visitor with a certified copy of their marriage license.
(c) Minor visitors shall have prior written approval from a parent or
legal guardian unless the minor applies as an adult as provided in (b)
above. Except when prior approval has been obtained from the institution
head or designee for an inmate to visit with his or her unchaperoned mi-
nor children or siblings, visitors under 18 years of age shall be accompa-
nied by an adult who is also approved to visit.
(d) It is a felony for any former prison inmate to come on institution/fa-
cility property for any reason, without prior approval of the institution
head or designee. Requests must be made in writing and include a visiting
questionnaire and a Certificate of Discharge. Parolees and prospective
visitors under probation or civil addict outpatient supervision shall pro-
vide written proof of permission to make such a visit from their case su-
pervisor.
(e) The visiting approval application process shall include an inquiry
of personal, identifying, and the arrest history information of the pro-
spective visitor sufficient to complete a criminal records clearance and
a decision by the institution/facility designated staff to approve or disap-
prove based upon the information provided. This information is subject
to periodic review by designated staff. Any change in the visitor's name,
address, telephone number, or arrest history must be reported and may
require submission of an updated questionnaire in order to retain the sta-
tus of an approved visitor.
(0 Previously approved visitors shall submit a new visiting questionn-
aire prior to visiting any inmate who has been returned to an institution/
facility from parole or admitted into a substance abuse treatment control
unit while on parole. The visitor shall not be allowed to visit prior to ob-
taining the institution/facility approval.
(g) The applicant shall return the completed questionnaire to the insti-
tution/facility via common carrier or personal delivery (except as pro-
vided in subsection (d) above) addressed to the attention of "Visiting".
Any questionnaire received by the visiting office directly from an inmate
shall be disapproved. Approved visitors required to update information
in accordance with (e) above, shall, absent information which would
warrant immediate disapproval, be allowed to continue to visit pending
review and approval/disapproval of the questionnaire.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and
5054, Penal Code.
History
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No.
40).
2. Repealer and new secdon filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
3. Change without regulatory effect amending NoTK filed 5-22-2003 pursuant to
section 100, title 1, California Code of Reguladons (Register 2003, No. 21).
§ 3172.1 . Approval/Disapproval of Prospective Visitors.
(a) The authority to approve or disapprove prospective visitors may be
delegated by the institution head. This authority shall not be delegated
below the level of a correctional sergeant or parole agent II.
(b) Reasons for disapproving a prospective visitor include but are not
hmited to the following:
(1) The prospective visitor has outstanding arrests/warrants including
a Department of Motor Vehicles Failure to Appear notice with no dis-
position from the court.
(2) The prospective visitor has one felony conviction within the last
three years or two felony convicdons within the last six years or three or
more felony convictions during the last ten years.
(3) The prospective visitor has any one conviction of the following
types of offenses:
(A) Distributing a controlled substance into or out of a state prison,
correctional institution/facility or jail.
(B) Transporting contraband (weapons, alcohol, escape and drug par-
aphernalia, etc.) in or out of a state prison, correctional institution/facility
or jail.
(C) Aiding or attempting to aid in an escape or attempted escape from
a state prison, correctional institution/facility or jail.
(D) The prospective visitor is a co-offender of the incarcerated in-
mate.
(4) The prospecdve visitor is a former prison inmate who has not re-
ceived the prior written approval of the institudon head or designee. After
one year from the date of a former inmate's discharge from an institution/
Page 163
Register 2007, No. 42; 10-19-2007
§ 3172.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
facility, or after discharge from parole or outpatient status, the institution
head will only deny visiting by a former prison inmate for reasons that
would apply to any other person as set forth in this article.
(5) The prospective visitor is a supervised parolee, probationer, or on
civil addict outpatient status and has not received written permission of
his or her case supervisor and/or the prior approval of the institution head.
(6) The identity of the prospective visitor or any information on the
visiting questionnaire, is omitted or falsified.
(A) If the prospective visitor has omitted information, the request to
visit shall be reconsidered when the information is provided.
(B) If the applicant has falsified information no other request to visit
shall be considered until six months after the date of disapproval.
(C) When positive identity cannot be established or clearing the crimi-
nal history of the prospective visitor is not possible due to inadequate or
conflicting information, the visiting request will be reconsidered when
positive identity is established.
(c) The documentation of the approval or disapproval of an application
to visit shall be in writing.
( 1 ) If the application is approved, inmates shall be notified in writing
and are responsible for informing their prospective visitor(s) of the insti-
tution/facility decision to approve the application.
(2) If disapproved, the prospective visitor and inmate shall both be no-
tified in writing. The prospective visitor's notification shall include the
specific reason{s) for disapproval and instructions regarding the process
for reconsideration.
(d) Tlie prospective visitor may appeal the disapproval by following
the established visitor appeal process described in section 3179.
(e) Approval to visit an inmate is conditioned upon compliance with
all laws, regulations, and procedures governing visitor conduct on insti-
tution/facility property.
(f) There are no restrictions on the number of inmates that a visitor may
be approved to visit at one or more institution/facility.
(g) Any visitor approved for visiting at one institution/facility shall be
approved to visit the same inmate upon transfer to another institution/fa-
cility provided the visitor's approval status remains unchanged.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 3172.2. Minimum Visiting Days and Hours.
(a) Each institution/facility shall provide visiting for no less than 12
hours per week. Any reduction of an institution/facility visiting schedule
below 1 2 hours shall require the prior approval of the director or desig-
nee. Regular visiting days shall be consecutive and include Saturday and
Sunday.
(b) Each institution head shall develop an operational supplement that
includes the respective visiting schedules as follows:
(1) Regular Visiting Days: Four days (Thursday through Sunday); or
Three days (Friday through Sunday); or Two days (Saturday and
Sunday); and
(2) Holiday Visiting Days: New Year's Day; Independence Day; La-
bor Day; Thanksgiving Day; Christmas Day.
(3) Visiting Appointments: The institution/facility shall specify proce-
dures and criteria for scheduling visiting appointments for non-contact
visits in accordance with the provisions of this article.
(c) When a holiday listed in (b)(2) occurs on a day not regularly sched-
uled for visiting, each institution/facility shall provide the same number
of hours of visiting on that holiday as for any single regularly scheduled
visiting day.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
5054, Penal Code; and In re French, 164 Cal. Rptr. 800 (1980).
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 3173. Processing of Approved Visitors.
(a) Approved visitors shall complete a visitor pass upon their arrival
at the institution/facility visitor processing center and their approval to
visit shall be verified.
(b) All adult visitors shall present picture identification before being
permitted to visit. For each minor, a certified record of birth (official birth
certificate, or county embossed abstract of birth) shall be presented dur-
ing each visit.
(c) Acceptable proof of picture identification for visitors may be, but
is not restricted to, the following valid documents:
(1) Driver's license with picture,
(2) Department of Motor Vehicles identification card with picture,
(3) Picture passport,
(4) Armed forces identification card with picture,
(5) Picture identification cards issued by the United States Department
of Justice — Immigration and Naturalization Service, or
(6) Picture identification issued by the Mexican Consulate.
(d) Minors may be allowed to visit an inmate subject to the restrictions
of section 3173.1. If the accompanying adult is not the parent or legal
guardian of the minor, a notarized written consent shall be required from
a person with legal custody of the minor, authorizing the minor to visit
while accompanied by a designated adult.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 4570.5 and
5054, Penal Code.
History
1. Amendment of subsecdons (h) and (p) filed 8-22-79; effective thirtieth day
thereafter (Register 79, No. 34). For prior history, see 78, No. 33; 78, No. 30;
78, No. 12; 77^", No. 40; 77, No. 20, and 77, No. 9.
2. Amendment of subsection (m) filed 9-24—81; effecfive thirtieth day thereafter
(Register 81, No. 39).
3. Amendment of subsections (b), (g) and (k) filed 8-23-82; effective thirtieth day
thereafter (Register 82, No. 35).
4. Amendment of subsection (f) filed 8-27-82; effective thirtieth day thereafter
(Register 82, No. 35).
5. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100. title 1, California Code of Regulations (Register 91, No. 6).
6. Editorial correction of printing errors in subsections (f), (g) and (h) (Register 92,
No. 5).
7. New subsections (p) and (q) filed 2-11-98 as an emergency; operative 2-1 1-98
(Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL
by 6-1 1-98 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 2-1 1-98 order transmitted to OAL 5-4-98 and
filed 6-16-98 (Register 98, No. 25).
9. Change without regulatory effect amending subsection (f) filed 12-18-98 pur-
suant to section 100, title 1, California Code of Regulations (Register 98, No.
51).
10. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Resister
2003. No. 8).
1 1 . Change without regulatory effect amending Note filed 5-22-2003 pursuant
to section 100, title 1, California Code of Regulafions (Register 2003, No. 21).
§ 3173.1. Visiting Restrictions with Minors.
(a) For inmates convicted of Penal Code (PC) Section(s) 261, 264.1,
266c, 285, 286, 288, 288a, 288.5, or 289 when the victim is a minor, vis-
itation with the minor victim shall be prohibited, except as authorized by
an order of the juvenile court pursuant to Welfare and Institutions Code
Section 362.6. Visitation pursuant to such an order shall be limited to
non-contact status.
(b) For inmates convicted of PC Section(s) 261, 264.1, 266c, 285, 286,
288, 288a, 288.5, or 289 when the victim is a minor, visitation with any
minor who is not the victim of the crime shall be limited to non-contact
status.
(c) For inmates convicted of PC Section(s) 269, 273a, 273ab, or 273d,
visitation with the minor victim shall be limited to non-contact status.
(d) For inmates convicted of violating PC Section(s) 187, 269, 273a,
273ab, or 273d, when the victim is a minor, visitation with any other mi-
nor shall be limited to non-contact status except as authorized by the
Institution Classification Committee.
•
Page 164
Register 2007, No. 42; 10-19-2007
Title 15
Adult Institutions, Programs and Parole
§3174
(e) When an inmate has been arrested, but not convicted, of any crime
involving a minor victim included in this Section, a classification com-
mittee shall determine whether all visitation with a minor(s) is to be lim-
ited to non-contacl status.
Unless otherwise prohibited, the inmate's visiting status shall be unre-
stricted until a classification committee has done the following:
( 1 ) Made a case-by-case determination whether the inmate poses a
threat of harm to minor visitors in contact visitation.
(2) Considered the circumstances of the misconduct involving a minor
victim in determining whether the inmate poses a threat of harm to minor
visitors in contact visitation. In making its determination, the classifica-
tion committee shall consider, but is not limited to. arrest reports, proba-
tion officer reports, court transcripts, parole revocation transcripts.
(0 If a classification committee, when making a decision regarding the
visiting status of an inmate described in (e) above, determines that the in-
mate will pose a threat of harm to minor visitors in contact visitation, it
will order all the inmate' s visitation with minors be restricted to non-con-
tact visifing status.
(g) If an inmate disagrees with the decision of a classification commit-
tee, the inmate may file an inmate grievance via the CDC Form 602 ap-
peal process as outlined in sections 3084.1 through 3085.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 1 202.05, 5054 and 5054.2, Penal Code; and Section 362.6, Welfare and Insti-
tutions Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Repealer and new section and amendment of Note filed 12-5-2005 as an emer-
gency; operative 12-5-2005 (Register 2005, No. 49). Pursuant to Penal Code
section 5058.3, a Certificate of Compliance must be transmitted to OAL by
5-15-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 1 2-5-2005 order, including amendment of sub-
sections (f) and (g), transmitted to OAL 4-24-2006 and filed 6-6-2006 (Regis-
ter 2006, No. 23).
§ 3173.2. Searches and Inspections.
(a) Any person coming onto the property of an institution/facility shall
be subject to inspection as necessary to ensure institution/facihty security
including prevention of the introduction of contraband. Inspections may
include a search of the visitor's person, personal property and vehicle(s)
when there is reasonable suspicion to believe the visitor is attempting to
introduce or remove contraband or unauthorized items or substances
into, or out of, the institution/facility.
(b) Visitors shall not be forcibly searched unless institution/facility of-
ficials possess a court issued warrant to conduct the search, or are being
detained for unlawful actions or activities in accordance with section
3292.
(c) Visitors shall be required to submit to contraband and/or metal
detection device(s), and a thorough search of all personal items, includ-
ing inspection of a wheelchair, implant, prosthesis or assistive device,
prior to being allowed to visit with an inmate.
(d) Visitors with medically implanted or prosthetic devices who can-
not clear the metal detection device and/or visitors who require the use
of a wheelchair or other assistive devices for mobility impairment shall
present a letter of verification signed by their physician, physiatrist. pros-
thetist. or orthotist. The letter must confirm the mobility impairment,
and/or the nature of the medically implanted prosthetic device and its
specific locafion in/on the body, and the need for any assistive device.
The authorization letter shall be renewed every two years.
(e) Visitors who require the use of a wheelchair shall temporarily
transfer to a designated institution/facility wheelchair, when available,
while visiting staff conduct an inspection of the visitor's wheelchair. Vis-
itors who present a letter signed by their physician that confirms the need
for using a battery powered or custom designed wheelchair shall be ex-
empt from the requirement of transferring from their personal wheel-
chair. In such cases, the visitor shall permit an inspection of the personal
wheelchair and allow a hand held metal detection device to be used.
(0 Except as provided in subsection (b), if the search of any visitor's
person, property or vehicle exceeds that which is normally required for
all visitors, the visitor shall be informed in writing of the reason for the
search and the name of the official ordering the search. Consent shall be
obtained from the visitor prior to the search.
(g) A visitor who refuses to be searched shall be denied visiting for that
day.
( 1 ) The inmate and the visitor who refused to be searched shall be noti-
fied in writing as described in section 3176(a)(3).
(2) Future visits may be conditioned upon the visitor's willingness to
submit to a search prior to each visit for as long as institution/facility offi-
cials have reasonable suspicion to believe that the visitor will attempt to
introduce contraband or unauthorized substances into the institution/fa-
cility.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Amendment of subsections (a) and (g)(2) filed 4-7-2008; operative 5-7-2008
(Register 2008, No. 15).
§ 3174. Standards of Dress for Inmate Visitors.
(a) Visitors are expected to dress appropriately and maintain a stan-
dard of conduct during visiting that is not offensive to others. Consistent
with the goal of making visiting a safe, positive, constructive time for
families and staff, the following standards shall apply:
( 1 ) Visitors shall remain fully clothed at all times in the visifing room.
(2) Appropriate attire includes undergarments; a dress or blouse/shirt
with skirt/pants/ or shorts; and shoes or sandals.
(3) For security reasons, no brassiere will have metal underwires.
(b) Prohibited atfire consists of:
( 1 ) Clothing that resembles state-issued inmate clothing (blue denim
or blue chambray shirts and blue denim pants);
(2) Clothing that resembles law enforcement or military-type cloth-
ing, including rain gear;
(3) Clothing or garments that:
(A) Expose the breast/chest area, genitals or buttocks;
(B) By design, the manner worn, or due to the absence of, excessively
allows the anatomical detail of body parts or midriff to be clearly viewed;
(C) Are sheer, transparent or excessively fight;
(D) Expose more than two inches above the knee, including slits when
standing.
(E) Undergarments shall be worn beneath translucent clothing, under
all circumstances.
(4) Clothing or accessories displaying obscene or offensive language,
drawings or objects.
(5) Gloves, head coverings (except clear, see-through rain gear), and
readily removable wigs or hairpieces. The institution head or designee
may grant an excepfion for a visitor to wear gloves, head coverings, and/
or readily removable hairpieces or wigs, based upon verification of need.
Written approval shall be required prior to visiting and subject to staff in-
spection during any visit. The insfitudon head or designee may also grant
a general excepfion allowing visitors to wear gloves and head coverings
based upon weather condifions at the institufion/facility.
(6) Any other clothing, garment or accessory when worn in a manner
that would be prohibited in (b)(1) through (5) above.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of subsection (d) filed 2-24-77; effective thirtieth day thereafter
(Register 77, No. 9).
2. Amendment of subsection (e) filed 9-30-77; effective thirtieth day thereafter
(Register 77, No. 40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78. No.
33).
4. Amendment of subsection (e) filed 8-22-79; effective thirtieth day thercutkr
(Register 79, No. 34).
5. Amendment of subsection (e) filed 8-23-82; effective thirtieth day thereafter
(Register 82, No. 35).
Page 165
Register 2008, No. 15; 4-11-2008
§3175
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
6. New subsection (0 filed 2-16-83: effective thirtieth day thereafter (Register 83,
No. 8).
7. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
8. New subsections (e)( 1 )-(2) and amendment of NoTi: filed 2-27-95 as an emer-
gency; operative 5-30-95 (Register 95, No. 9). A Certificate of Compliance
must be transmitted to OAL by 11-6-95 or emergency language will be re-
pealed by operation of law on the following day.
9. New subsections (e)(l)-(2) and amendment of NoTi; refiled 11-7-95 as an
emergency; operative 11-7-95 (Register 95, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 4—14-96 or emergency language will be
repealed by operation of law on the following day.
10. Kditorial con-ection of History 9 (Register 96, No. 21).
1 1. Repealer of subsections (e)(1) and (e)(2) and reinstatement of NoTi-: as it ex-
isted prior to emergency amendment filed 5-30-95 pursuant to Government
Code section 1 1349.6(d) (Register 96, No. 21 ).
12. New subsections (e)( 1) and (e)(2) and amendment of Ncm-: filed 6-7-96 as an
emergency; operative 6-7-96 (Register 96, No. 23). A Certificate of Com-
pliance must be transmitted to OAL by 10-7-96 or emergency language will be
repealed by operation of law on the following day.
13. Editorial correction of subsecfion (e)(2) (Register 96, No. 40).
14. Change without regulatory effect amending NoTi; filed 10-1-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 40).
15. Certificate of Compliance as to 6-7-96 order transmitted to OAL 10-3-96 and
filed 1 1-18-96 (Register 96, No. 47).
16. Editorial con-ection of History 9 (Register 99, No. 4).
17. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Reeister
2003, No. 8).
§ 31 75. Standards of Conduct for Inmates and Their
Visitors.
(a) Inmates and visitors shall comply with all laws, regulations, and
institution/facility procedures. Any violation may result in denial, ter-
mination, stispension, restriction, or revocation, of visiting as described
in section 3176.
(b) Accompanying adults shall ensure that minors remain under their
constant control and supervision.
(c) Nursing mothers shall be discreet and covered when breast-feed-
ing their children in the visiting area. Failure to do so shall result in ter-
mination of visiting for that day.
(d) Inmates and their visitors may hold hands.
(e) At the beginning and end of each visit, inmates and their visitors
may briefly embrace atid/or kiss.
(f) An ininate may hold his or her minor children. Inmates may also
hold minor children accompanied by an adult.
(g) Except as provided in this section, no other bodily contact shall be
permitted.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of subsections (h) and (i) filed 9-30-77; effective thirtieth day
thereafter (Register 77, No. 40).
2. Amendment filed 8-23-82; effecfive thirtieth day thereafter (Register 82, No.
35).
3. Amendment of subsection (g)(1) filed 2-7-83 as an emergency; effective upon
filing (Register 83, No. 7).
4. Order of Repeal of 2-7-83 emergency order filed 2-10-83 by OAL pursuant
to Government Code Secfion 1 1349.6 (Register 83, No. 7).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
§ 3176. Denial, Restriction, Suspension, Termination or
Revocation of Visits and Exclusion of a
Person.
The terms "approve," "disapprove" "deny," "restrict," "suspend,"
"terminate," "revoke," and "reinstate" as used in this article apply to ac-
tions which may be taken by the institution head or designee for the ad-
ministration of visiting. The director or institution head may, for cause,
exclude a person from entering institutions/facilities of the Department.
All such actions are subject to the provisions set forth in this article.
(a) The official in charge of visiting may deny an approved visitor ac-
cess to an institution/facility, terminate, or restiict a visit in progress for
the following reasons:
( 1 ) The visitor appears to be under the influence of alcohol, drugs or
other substance to the extent that his or her presence in the institution/fa-
cility would pose an undue threat to his or her safety or the safety of oth-
ers, or to the security of the institution/facility.
(2) The visitor does not provide the identification and/or documenta-
tion required as set forth in these regulations.
(3) The visitor refuses to submit to a search and inspection of his/her
person or vehicles and property brought onto the institution/facility
grounds.
(A) Visitors who refuse to submit to an unclothed body search, where
probable cause exists, shall have their visiting privileges denied for that
day. Future visits may be conditioned upon the visitor's willingness to
subinit to an unclothed body search prior to being allowed to visit. Such
searches may be repeated on subsequent visits for as long as institution/
facility officials have probable cause to believe that the visitor will at-
tempt to introduce contraband or unauthorized substances or items into
the institutioti/facility.
(B) The willingness or unwillingness of the visitor to submit to a
search shall not affect conditions or restrictions placed on an inmate's
visiting privileges by a disciphnary or classification committee unless
the inmate is found in a subsequent disciplinary hearing to have been a
conspirator to smuggle contraband into or out of the institution/facility.
(4) Conduct in violation of institution/facility procedures, including
excessive physical contact, refusal to follow staff instructions, disruption
of the visiting/processing area, destruction/alteration of visiting docu-
ments, or any other behavior that would constitute a misdemeanor or
felony or repetition of less serious violations and disregard for a warning
about such violations.
(5) The visitor is not appropriately dressed.
(6) The visitor is under 18 years of age and the conditions prescribed
in section 3173(b) have not been met.
(7) The visitor has a tiiedically implanted or prosthetic device, cannot
clear the contraband or metal detection devices, and does not provide the
written verification required in section 3173.2(d).
(8) The visitor requires the use of a wheelchair or other assistive de-
vice(s) for mobility impairment, but does not provide the written verifi-
cation as-required in section 3 1 73.2(e), or refuses to temporarily transfer
to a designated institution/facility wheelchair while the visitor's personal
wheelchair is being inspected.
(9) The maximum capacity of the visiting area has been reached and
to allow others to visit it is necessary to terminate the visits of those per-
sons who have been visiting for the longest period of time. Exceptions
shall include, but are not limited to the following:
(A) Excessive Distance: The visitor has traveled a distance of 250
miles or more, and has not visited within the last 30 days. This exception
applies to two consecutive days of visiting.
(B) Weddings: When an inmate and the visitor's marriage ceremony
occurred on that day.
(C) Disabled: A disabled visitor who must rely on special transporta-
tion to the institution/facility.
(D) Family Emergencies: When death, serious illness or injury occurs
to an inmate's immediate family as defined in Section 3000. Clergy or
approved visitors may visit the inmate to offer condolences or inform the
inmate of the occurrence.
(E) Infrequent Visits: When the visitor has not visited the inmate in the
last six months.
(10) When the overcrowding situation persists, visits of those remain-
ing will be terminated as necessary.
(b) Written notification shall be provided to the visitor when action is
taken by the official in charge of visiting to deny, terminate or restrict a
visit. The written notificafion shall contain information instrucUng the
visitor how to appeal the acfion as outlined in secdon 3179.
(c) The institufion head or designee may revoke or suspend an ap-
proved visitor' s future visits for a specified period of time for the follow-
ing reasons:
Page 166
Register 2008, No. 15; 4-11-2008
Title 15
Adult Institutions, Programs and Parole
§ 3176.3
•
•
( 1 ) Information, which would have resulted in disapproval of visits in
section 3 1 72. 1 , becomes known after approval to visit has been granted.
(2) The visitor has been involved in a serious violation or multiple less
serious violations of CDC regulations.
(d) The ranking custody officer on duty or the official in charge of vis-
iting may restrict visits, but may not deny visiting, as a temporary securi-
ty measure when an inmate is scheduled for a hearing on a serious rules
violation or for classification on an order for placement in administrative
segregation. Subsequent disciplinary or classification committee action
will supersede any such temporary action.
NOTE: Authority cited: Section 5038, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Editorial con-ection of printing en-or in subsection (c) (Register 92, No. 5).
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
3. Amendment of subsection (a)(9)(D) filed 10-16-2007; operative 1 1-15-2007
(Register 2007, No. 42).
§ 31 76.1 . Visitor Violation Process.
Any person seeking entry into an institution/facility for the purpose of
visiting an inmate shall be subject to all applicable laws, rules and regula-
tions. Any person violating a law, rule or regulation while visiting shall
be subject to warning, termination, suspension, and/or revocation as de-
scribed below:
(a) Warning. Visitors may be verbally warned about violations of ap-
plicable law, rules, regulations or of local procedures governing visits.
When a verbal warning achieves corrective action, a written report of the
misconduct or warning is not necessary.
(b) Termination. When verbal warnings and/or restrictions fail to
achieve compliance, or fail to deter conduct by a visitor that if committed
by an inmate would constitute a serious rules violation, the visit shall be
terminated and documented in writing.
(c) Suspension up to six months. For serious or repeated violations of
the rules, regulations, or procedures, and/or upon belief of the visitor's
involvement in a criminal act and pending the outcome of an investiga-
tion, the official in charge of visiting may impose a suspension of the visi-
tor's access to the visiting program for up to 6 months. The length of sus-
pension shall be commensurate with the seriousness of the violation.
(d) Suspension up to 12 months. The institution head or designee may
impose a suspension of visiting for up to 12 months when a visitor is in-
volved in criminal activity on institution/facility property which consti-
tutes a misdemeanor.
(e) Suspension up to 24 months. The director or designee may impose
a suspension of visiting privileges up to 24 months when a visitor is in-
volved in criminal activity on institution/facility property that constitutes
a felony.
(0 Revocation. Subsequent discovery of information that would have
resulted in disapproval or disqualifying conduct are grounds for revoca-
tion of the previously granted permission to visit an inmate.
(g) The visitor and the inmate shall be notified in writing of all formal
warnings, terminations, suspensions and revocations. The notice shall
clearly state the reason for the action and length of time any sanction will
apply. The notification shall also include the signature of the official tak-
ing the action and advise the visitor of the right to appeal in accordance
with section 3179. The notification shall be provided to the visitor at the
time of the action or mailed to the visitor's last known address within five
working days of the action.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 3176.2. Violation of State Law on Institution/Facility
Property.
Any violation of state law, misdemeanor, or felony committed on
institution/facility grounds or property by a visitor may be referred to
prosecuting authorities.
(a) Upon determination by the official in charge of visiting that a viola-
tion of state law has occurred, the visitor's access to the visiting program
shall be suspended pending investigation, prosecution, and service of
any sentence ordered by the court.
( 1 ) If the individual is not prosecuted, or upon completion of any court
ordered sentence, approval to visit shall be reconsidered upon the visi-
tor's written request.
(2) If a court finds the individual not guilty, a prior approval to visit
shall be reinstated upon written request of the visitor.
(b) Regardless of the outcome of any referral to prosecuting authori-
ties, future visits are subject to restrictions as provided in section 3 1 76. 1 .
NOTE: Authority cited: Section 5058. Penal Code. Reference: Section 5054. Penal
Code.
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 3176.3. Exclusion of a Person from Institutions/Facilities.
(a) The term "exclusion" as used in this article describes an adminis-
trative action by the director or institution head to bar, for cause, a person
from entering institutions/facilities of the department, when that person
would otherwise be permitted to enter. The director may delegate the au-
thority for exclusion no lower than the rank of deputy director. The insti-
tution head may delegate the exclusion authority not lower than the chief
deputy warden. Any person, including employees of the department, at-
torneys, attorney representatives, representatives of the news media, and
delivery persons, may be excluded. The exclusion of a person is effected
by issuance of an exclusion order.
(b) Exclusion orders shall be issued only when the director or institu-
tion head determines one or more of the following:
(1) The person's presence in the institution/facility presents a serious
threat to security.
(2) The person is charged with a felony.
(3) The person is under investigation for a felony committed on institu-
tion/facility property.
(4) The person's purpose for entering an institution/facility is no long-
er valid or has been lawfully terminated.
(5) The person has committed any offense described in subsection
3178(s)(3) for which exclusion is an appropriate penalty.
(c) A temporary exclusion may be ordered pending investigation and/
or verification of the cause for exclusion.
(d) The director or designee may exclude a person from any or all insti-
tutions/facilities. An institution head or designee may issue an order to
exclude a person only from the institution/facility within his/her jurisdic-
tion.
(e) When the institution head's exclusion order affects an inmate's at-
torney, or when the matter may have department wide significance, an
immediate telephone report will be made to the director. In all instances
of exclusion a written report will be made to the director or designee with-
in two working days of the effective date of the order.
(f) The person excluded shall be provided with written notification of
the action taken. The notification shall advise the person that, upon re-
quest, a meeting with the official who ordered the exclusion may be ar-
ranged at the convenience of both parties, and that he/she may bring other
persons to the meeting, including an attorney, and any information or evi-
dence to support his/her position. Following the meeting, the person shall
be provided the official's written decision within 20 working days.
(1) If the exclusion is modified to permit the person's entry only under
special conditions, the reasons shall be given.
(2) If an institution head ordered the exclusion, the person shall also
be informed that the decision may be appealed to the director.
(3) A copy of the letter to the person shall be forwarded to the director
or designee and a copy shall be retained in the institution/facility files.
(4) If the exclusion letter is rescinded in full, notice of the rescission
wiU be given in writing to the person, with a copy to the director or desig-
nee.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code.
Page 167
Register 2007, No. 42; 10-19-2007
§ 3176.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
2. Change without regulatory effect amending suhsection (b)(5) filed 3-27-2006
pursuant to section 100, title 1, California Code of Reeulalions (Register 2006,
No. 13).
§ 31 76.4. Restriction, Revocation or Suspension of an
Inmate's Visits.
(a) Desigtiated staff, not below the rank of correctional lieutenant or
parole agent II, may temporarily impose non-contact visiting restrictions
as a necessary security measure for an inmate who is pending a serious
disciplinary hearing for the distribution and/or possession/control of a
controlled substance, possession of money or other dangerous contra-
band that has been introduced into the institution/facility, or for other
violations related to visiting.
(b) Pursuant to section 33 1 4, a hearing officer conducting an adminis-
trative rules violation hearing may restrict an inmate's visiting privileges
for up to 30 days when the inmate is found guilty of visiting related mis-
conduct.
(c) Upon a finding of guilt of a drug related offense, as described in
subsections 3323(c)(7) and/or 3323(d)(6), the official conducting a disci-
plinary hearing, shall suspend and restrict an inmate's visiting privileges
pursuant to subsections 3315(f)(5)(H) and 3315(f)(5)(I).
(d) Pursuant to section 3315, the official conducting a disciplinary
hearing may suspend or restrict an inmate's visiting privileges for up to
90 days, when the inmate is found guilty of any of the following serious
rule violations:
(1) Possession of $5.00 or more without authorization.
(2) Visiting related violations presenting a threat as described in sec-
tion 3315(a)(2).
(3) Serious or repeated violations of visiting regulations or procedures.
(e) Suspension and or restriction of visiting may be imposed by a clas-
sification committee for a specific period of time when there is substan-
tial reason(s) to believe that the inmate poses a threat to the security of
the institution/facility and or safety of persons.
( 1 ) Separate from the disciplinary authority of the senior hearing offi-
cer as provided in section 33 15, a classification committee may suspend
and restrict the visiting privileges of an inmate found guilty of multiple
visiting related violations as described in section 3 1 76.4(d). The commit-
tee may impose the following suspensions and restrictions:
(A) Suspension of visiting privileges for up to 90 days, to be followed
by non-contact visiting for up to 1 80 days for any second offense which
occurs within two years from the date of a previous offense.
(B) Suspension of visiting privileges for up to 1 80 days, to be followed
by non-contact visiting for up to 180 days for any third offense which
occurs within two years from the date of a first offense.
(2) A classification committee may impose a loss of visits for 180
days, to be followed by non-contact visits for 1 80 days, for escape or at-
tempted escape when the inmate is found guilty by a disciplinary hearing
officer or court.
(f) When the inmate's visiting privilege status has been modified or
changed, the inmate shall be responsible for promptly notifying his or her
visitor(s) of the action taken.
(g) Any suspensions under this section shall not apply to attorney visits
including visits by attorney representatives.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2086,
2772, 2790, 4502, 4535, 4571, 4573, 4573.5, 4573.6 and 5054, Penal Code; and
In re French, 106 Cal.App.3d 74 (1980).
History
1. New section filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
§ 31 77. Family Visiting (Overnight).
Institution heads shall maintain family visiting policies and proce-
dures. Family visits are extended overnight visits, provided for ehgible
inmates and their immediate family members as defined in Section 3000,
commensurate with institution security, space availability, and pursuant
to these regulations. Each institution shall provide all necessary accom-
modations, except for food, at no cost to the inmates and their visitors.
Institutions shall require eligible inmates to purchase all food for the fain-
ily visit through the institution family visiting coordinator. Each institu-
tion family visiting menu shall provide a balanced variety of nutritional
selections. At all CDC conservation camps, the visitors shall be required
to bring all food for the visit.
Only those immediate family members as defined in Section 3000, in-
cluding registered domestic partners, are authorized for family visits.
(a) When a bonafide and verified foster relationship exists between an
inmate and another person, by virtue of being raised in the same foster
family, the person may be approved for fainily visiting with the prior ap-
proval of the institution head or designee.
(b) Family visiting is a privilege. Eligibility for family visiting shall be
limited by the assignment of the inmate to a quahfying work/training in-
centive group as outlined in section 3044.
( 1 ) Family visits shall not be permitted for inmates convicted of a vio-
lent offense involving a minor or family member or any sex offense,
which includes but is not limited to the following Penal Code sections:
187 (when the victim is a family member as defined in Section 3000 or
minor); 192 (when the victim is a family member or minor); 243.4; 261
261.5, 262; 264.1; 266c; 266j; 273a; 273d; 273.5; 273.6; 285; 286; 288
288a; 288.2; 288.5; 289; 289.5; 311.1; 311.2; 31 1.3; 311.4; 313.1; 314
or 647.6.
(A) Inmates may be prohibited from family visiting where substantial
documented evidence or information of the misconduct described in sec-
tion 3 1 77(b)( 1 ) exists, without a criminal conviction. The evidence or in-
formation appropriate for the purpose of this regulation shall include rule
violation reports as well as the standard described in section 3173.1.
(B) Family visiting shall be restricted as necessary to maintain order,
the safety of persons, the security of the institution/facility, and required
prison activities and operations, pursuant to section 3170.
(2) Family visits shall not be permitted for inmates who are in any of
the following categories: sentenced to Ufe without the possibility of pa-
role; sentenced to life, without a parole date established by the Board of
Prison Terms; designated Close A or Close B custody; designated a con-
demned inmate; assigned to a reception center; assigned to an adminis-
trative segregation unit; assigned to a security housing unit; designated
"C" status; guilty of one or more Division A or Division B offense(s)
within the last 12 months; or guilty of narcotics distribution while incar-
cerated in a state prison.
(3) Family visits shall be permitted only in CDC institutions and con-
servation camps.
(c) Unescorted minors of the inmate's immediate family shall not par-
ticipate in family visits. Exceptions include an inmate's legal spouse, the
inmate's children or legal stepchildren and the inmate's own brothers or
sisters when the institution head or designee approves such unchaper-
oned visits.
(d) Inmates shall not be eligible for a family visit while any action that
restricts, suspends, or denies their contact with a visitor or visitors during
regular visiting is in effect. Family visits may be revoked or suspended
without such action affecting an inmate's eligibility for contact or non-
contact visits.
(e) Each inmate shall be subject to disciplinary action, which may in-
clude suspension or exclusion from participation in the family visiting
program, for any willful damage of the unit and/or furnishings or for fail-
ure to maintain the cleanliness of the family visiting program unit.
(f) Visitors failing to report to the visitor processing area by 1 1 :00 a.m.
without the notification and approval of the family visiting coordinator
are subject to cancellation of the visit and suspension of family visiting
program privileges for six months.
(g) Inmates with a disability requiring an accommodation for family
visits shall give 72 hours notice of any request for accommodation.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 297.5, Fam-
ily Code; and Section 5054, Penal Code.
•
•
Page 168
Register 2007, No. 42; 10-19-2007
Title 15
Adult Institutions, Programs and Parole
§3178
History
1. Amendment filed 5-13-77; effective thinieth day thereafter (Register 77, No.
20).
2. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter
(Register77, No. 40).
3. Amendment of subsection (c)(4) and new subsection (c)( 13) filed 8-22-79; ef-
fective thirtieth day thereafter (Register 79, No. 34).
4. Amendment of subsection (c)(ll)(C) filed 4-18-80; effective thirtieth day
thereafter (Register 80, No 16).
5. Amendment of subsection (c)(10)(C) filed 9-24-81; effective thirtieth day
thereafter (Register 81, No. 39).
6. Amendment of subsections (c)( 1 1 )(B) and (c)( 12) filed 8-23-82; effective thir-
tieth day thereafter (Register 82, No. 35).
7. Amendment of subsection {c)(3) filed 3-2-83; effective thirtieth day thereafter
(Register 83, No. 12).
8. Change without regulatory effect amending subsection (c)(9)(C) filed 9-26-95
pursuant to section 1 00, fitle 1 , California Code of Regulations (Register 95, No.
39).
9. New subsections (c)( 1 1)(D) and (E) and subsection relettering filed 2-1 1-98 as
an emergency; operative 2-1 1-98 (Register 98, No. 7). A Certificate of Com-
pliance must be transmitted to OAL by 6-1 1-98 or emergency language will be
repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-1 1-98 order transmitted to OAL 5-4-98 and
filed 6-16-98 (Register 98, No. 25).
11. Repealer and new section filed 2-18-2003; operadve 3-20-2003 (Register
2003, No. 8).
12. Change without regulatory effect amending subsection (b)( 1 ) filed 1 2-4-2006
pursuant to section 100, dtle 1, California Code of Regulations (Register 2006,
No. 49).
13. Amendment of first two paragraphs, subsection (b)(1) and Note filed
10-16-2007; operative 1 1-15-2007 (Register 2007, No. 42).
§ 3178. Attorney Visitations and Consultation.
(a) The provisions of this section apply to any attorney or legal service
organization as identified in section 3141(c)(8) authorized to practice
law in California, another state, or the District of Columbia.
(b) A private consultation between an inmate and his or her attorney
or attorney representative is known as an attorney visit. Attorney visits
shall be conducted in a confidential area specified by the institution/facil-
ity. Attorney visiting shall normally be accommodated during the institu-
tion/facility regularly scheduled visiting days and hours. Where regular
visiting is scheduled on both weekdays and weekends, the scheduling
preference will be on weekdays because of the personnel and resources
needed for the greater volume of weekend visits by friends and relatives.
(1) When an institution/facility visiting schedule only provide(s) for
visiting on weekends an attorney visit shall be scheduled during normal
weekday business hours upon written request of the attorney or attorney
representative.
(2) The institution head or the official in charge of visiting has the
discretion to authorize a contact attorney visit for an inmate on non-con-
tact visiting status.
(3) If an attorney, or attorney representative, does not desire private
accommodations, the attorney or attorney representative may visit the in-
mate on any scheduled visiting day and shall be provided the same ac-
commodations including the schedule, as a regular visitor.
(c) An attorney or court may designate other persons to act on their be-
half as attorney representatives.
( 1 ) Attorney representatives must be one of the following:
(A) A private investigator licensed by any state and sponsored by the
attorney or appointed by the court.
(B) An investigator who is employed by a government agency, public
agency or public institution.
(C) A law student sponsored by the attorney.
(D) A legal para-professional sponsored by the attorney or appointed
by the court.
(E) An employee of an attorney, legitimate legal service organization,
or licensed private investigator who is sponsored by the attorney or li-
censed private investigator.
(2) Personnel retained by an attorney or attorney representative, in-
cluding, but not limited to certified sign language interpreters, certified
language interpreters and court reporters may accompany the attorney or
attorney representative during the private consultation and are required
to provide the information requested in (c)(3) below. Licensed mental or
medical health care professionals may also serve as attorney representa-
tives and do not have to be accompanied by the attorney.
(3) The designation shall be in writing and signed by the attorney and/
or judge, and shall contain the following:
(A) The designee's name and position of employment or title.
(B) The designee's date of birth, driver's license and social security
number.
(C) Certification, in the form of a license that the representative is a
licensed private investigator retained by the attorney or appointed by the
court; or valid identification that the investigator is employed by a gov-
ernment agency, public agency, or public institution; or a letter in the
form of a declaration, that the attorney representative is being sponsored
by the attorney and that the attorney accepts responsibility for all actions
taken by the attorney representative.
(D) The name and CDC number of the inmate(s) to be visited.
(E) The designation shall be presented by the representative at the time
of the visit and shall be subject to verification by institution/facility staff.
(4) Attorney representatives shall be afforded the same accommoda-
tions and services and are subject to the same rules and regulations, as an
attorney providing all other requirements of this article are met.
(d) An attorney who wishes to consult in person with an inmate shall
contact the institution/facility at which the inmate is housed. The request
shall be made by calling or writing (including via facsimile) the staff des-
ignated (usually the litigation coordinator) in the institution/facility op-
erational supplement. In order to obtain approval/clearance, the attorney
shall provide the following personal and professional information in
writing (including via facsimile): name; mailing address; date of birth,
valid driver's license or state-issued identification card number; proof of
current registry and good standing with a governing bar association; and
indication of the jurisdiction(s) licensed to practice law. Requesting at-
torneys must also report any prior felony convictions, explain any prior
suspension or exclusion from a correctional facility and declare one or
more of the following:
(1) They are the inmate's attorney either by appointment by the court
or at the inmate' s request;
(2) They have been requested by a judge to interview a named inmate
for purposes of possible appointment as counsel by the same court;
(3) They are requesting to visit an inmate who may be a witness direct-
ly relevant to a legal process, purpose, or proceeding;
(4) They are seeking to interview a named inmate, at the request of the
inmate, for the purpose of representation of the inmate in a legal process,
for a legal purpose or in a legal proceeding.
(5) They have been requested by a third party to consult with the in-
mate when the inmate cannot do so because of a medical condition, dis-
ability, or other circumstance.
(e) Any false statement or deliberate misrepresentation of facts specif-
ic to the information requested in subsection (d) above shall be grounds
for denying the request and/or cause for subsequent suspension or exclu-
sion from all institutions/facilities administered by the department.
(f) Upon receipt of the information specified in (d) above, a California
Law Enforcement Telecommunications System check of the attorney
through the Department of Justice and verification of the attorney's cre-
dential through the governing state bar will be conducted. Once the clear-
ance and state bar verification have been obtained and approved, the at-
torney shall be contacted to schedule the initial in-person visit with the
specified inmate(s). Attorneys and attorney representatives must report
any change in personal or professional information, arrest history and
declarations made in subsections (c) and (d) above to retain their approv-
al/clearance.
(g) While five days notice to schedule an attorney visit is requested an
approved attorney or approved attorney representative shall provide the
institution/facility with no less than two business days notice to schedule
a private consultation with an inmate. In an emergency, appointment re-
quests may be cleared through the institution head or designee.
Page 169
Register 2007, No. 42; 10-19-2007
§3179
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(h) Upon arrival at the institution/facility, the approved attorney shall
be processed into the institution/facility in the same manner and under the
same restrictions as regular visitors. Attorneys shall also be required to
present their state bar card or other similar documentation that they are
currently registered in good standing with a state bar association.
(i) To follow-up on information obtained during a private consultation
with an inmate, attorneys or attorney representatives may request to visit
inmates other than those already formally represented. Such requests
shall be considered subject to reasonable operational limitations. If the
request imposes an unreasonable burden on staffing or unduly disrupts
an institutional function, e.g., interferes with count or feeding, it will be
deemed unreasonable and the request will be denied.
(j) When there is cause to believe an attorney or a legal service orga-
nization is abusing the privilege of private consultation with the inmate,
the institution head is authorized to:
(1) Require proof that the inmate and attorney are involved in active
litigation or have a legitimate legal reason for contact.
(2) hiitiate an investigation of the facts and circumstances of the situa-
tion.
(k) An attorney request for the deposition of an inmate shall be made
in writing to the institution head. The request shall include:
( 1 ) The name and CDC number of the inmate.
(2) The name and other identifying information of the court reporter.
(3) The specific date and time requested for taking the deposition.
(/) Not more than two attorneys or attorney representatives may visit
privately with an inmate or witness at the same time. Exceptions may be
authorized by the official in charge of visiting commensurate with space
and staff availability.
(ra) Conversations between an inmate and an attorney and/or attorney
representative shall not be listened to or monitored, except for that visual
observation by staff which is necessary for the safety and security of the
institution/facility.
(n) All items, including legal documents permitted into the security
area, shall be inspected for contraband and/or unauthorized items or sub-
stances. The inmate may retain and take from the visiting area any legal
documents given to Mm or her by the attorney or attorney representative,
providing the inmate consents to staff examination of the documents for
contraband or unauthorized items or substances.
( 1 ) Staff may open and inspect but shall not read any part of written
or printed materials without the expressed consent of the attorney/attor-
ney representative and inmate.
(2) Any and all items including written and printed material that an in-
mate and an attorney wish to exchange during the visit must be presented
to the official in charge of visiting for inspection before it is brought into
the visiting area. The purpose of this inspection is to ensure the contents
pose no threat to the security or safety of the institution/facility, including
the introduction of unauthorized drugs, controlled substances, and con-
traband as defined in section 3006.
(3) If the inmate does not consent to an inspection of the contents of
a document given to the inmate by the attorney/attorney representative,
it shall be returned to the attorney/attorney representative.
(0) After proper inspection, written and printed material may be ex-
changed. The attorney or attorney representative may retain and take
from the visiting area and from the institution/facility any legal written
or printed documents given to them by the inmate and not otherwise pro-
hibited by law or these regulations.
(p) An attorney or attorney representative may be permitted, with the
inmate's consent, to audio record the inmate's interview.
(1) The institution/facility shall make audio recording equipment
available for such use. The interviewer may use personal recording
equipment providing the equipment can be thoroughly inspected by staff
before entry into the institution/facility.
(2) The attorney or attorney representative must provide a factory
sealed audiotape/compact disc(s).
(q) The institution head or designee may authorize video recording of
inmate interviews, with the inmate's consent.
( 1 ) Video recording equipment provided by the attorney shall be thor-
oughly inspected by staff before entry into the institution/facility and
searched for contraband.
(2) If the attorney's or attorney representative's video equipment can-
not be thoroughly searched without an undue risk of damage, the equip-
ment shall be permitted only if the attorney or attorney representative
agrees to pay for staff to escort and control the equipment while inside
the institution/facility. The pay for such staff escorts shall be at the state
established hourly wage, including rates for overtime when necessary.
(3) The attorney or attorney representative must provide factory sealed
videotape(s).
(r) Attorneys shall not be permitted to attend or participate in any con-
ference or committee meeting of staff and the inmate concerned, except
as may be authorized in these regulations.
(s) Administrative action may be taken by the institution/facility head
or designee to restrict, where cause exists, the confidential privileges, in-
cluding confidential visiting, mail and/or telephone privileges, and/or
normal visiting privileges afforded an attorney or attorney representative
based upon the schedule contained in this section:
( 1 ) A written warning notifying the attorney or attorney representative
that the offender's confidential legal privileges are subject to modifica-
tion/suspension and that the offender will be subject to exclusion for a
minimum of six months. Written warnings are appropriate for minor in-
fraction or violations of the institution/facility regulations, i.e., violations
that cannot be prosecuted as either a misdemeanor or felony.
(2) Modification, suspension, or exclusion of visiting privileges for a
period of at least six months shall occur in the event that the written warn-
ing above fails to deter or correct the offending behavior.
(3) Committing an act that jeopardizes the life of a person, violates the
security of the facility, constitutes a misdemeanor or a felony, or is a reoc-
currence of previous violations shall result in a one-year to lifetime ex-
clusion depending on the severity of the offense in question. Exclusions
shall be made in accordance with section 3176.3 and the appeal process
in section 3179.
(t) The director or designee shall be notified in writing within 48 hours
when administrative action is taken to restrict visiting privileges of an at-
torney or attorney representative.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2601,
4570.5 and 5054, Penal Code; and Procunierv. Martinez, 94 S. Ct. 1800 (1974).
History
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
12).
2. Repealer and new section filed 8-1 8-78; effective thirtieth day thereafter (Reg-
ister 78, No. 33).
3. Amendment filed 8-23-82; effective thirtieth day thereafter (Register 82, No.
28).
4. Change without regulatory effect amending subsection (a) filed 1-12-98 pur-
suant to section 100, title 1, California Code of Regulations (Register 98, No.
3).
5. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
§ 31 79. Appeals Relating to Visiting.
(a) Inmates, and approved inmate visitors, and visiting applicants may
appeal in writing department policies, staff decisions, and institution/fa-
cility procedures relating to visiting.
(1) Inmates shall use the established inmate appeal procedures as pro-
vided in section(s) 3084 through 3085.
(2) All appeals by approved inmate visitors and visiting applicants re-
lated to visiting shall be submitted to the institution head.
(b) Visitor appeals related to institution/facility procedures or staff de-
cisions shall be addressed to the institution head. A written response shall
be provided within 15 working days from receipt of the appeal. If dissa-
tisfied with the institution/facility response or action, the appellant may
refer the appeal, with a copy of the institution/facility decision, to the di-
rector or designee.
(c) Appeals related to visiting shall be addressed to the director. A
written response to appeals addressed to the director shall be provided
within 20 working days from the date of receipt.
Page 170
Register 2007, No. 42; 10-19-2007
Title 15 Adult Institutions, Programs and Parole § 3179
(d) All subsequent decisions made as the result of an appeal and the NOTE: Authority cited: Section 5038, Penal Code. Reference: Section 5034. Penal
reasons for the decisions shall be documented with a copy to the appellant Code.
History
and/or mmate. Visiting privileges shall be promptly approved or restored , ^, ., , ., iik->iwki . ^,0-^
. iT.i ■ 1 ■ r ^ , ■ 1- Chanec without reeulatory effect renumherin2 former section 3 1 82 to .section
when an investigation concludes that no violation of rules, regulations, 3179 filed 6-28-95 pursuant to section 100, title 1, California Code of Regula-
or procedures took place. tions (Register 95. No. 26).
[The next page is 171.]
Page 170.1 Register 2007, No. 42; 10-19-2007
Title 15
Adult Institutions, Programs and Parole
§3188
2. Repealer and new section filed 2-18-2003; operative 3-20-2003 (Register
2003, No. 8).
§ 3182. Minimum Visiting Days and Hours.
NOTH: Authority cited: Section 5038, Penal Code. Reference: Sections 2600,
2601 and 5054, Penal Code. //; re French, 164 Cal. Rptr. 800 (1980).
History
1. New section filed 1-13-93 as an emergency; operative 1-13-93 (Register 93,
No. 3). A Certificate of Compliance must be transmitted to OAL 5-13-93 or
emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-21-93 as an emergency; operative 5-21-93 (Register93,
No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-93
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 5-21-93 order transmitted to OAL 9-14-93;
disapproved by OAL on 10-13-93 (Register 93, No. 42).
4. New section refiled 10-14-93 as an emergency; operative 10-14-93 (Register
93, No. 42). A Certificate of Compliance must be transmitted to OAL by
2-1 1-94 or emergency language will be repealed by operation of law on the
following day.
5. Editorial coirection adding History 2 (Register 93. No. 42).
6. New secdon refiled 3-9-94; operative 3-9-94 (Register 94, No. 10).
7. Change without regulatory effect renumbering former section 3182 to section
3179 filed 6-28-95 pursuant to section 100, tide 1, California Code of Regula-
tions (Register 95, No. 26).
Article 8. Tobacco
§ 3187. Smoking Policy.
(a) The terms below are defined for the purposes of this section:
( 1 ) Smoke or Smoking means the inhaling, exhaling, burning, or car-
rying of any lit cigarette, cigar, pipe, or sinoking paraphernalia used for
consuming the smoke of tobacco or any other burning product.
(2) Use means the use of any tobacco product.
(3) Residential Space means the private living areas of staff. Residen-
tial Space does not include the living areas of inmates or family visiting
areas. Residential space includes, hut is not limited to, residential areas
at institutions, correctional training academies, and conservation camps.
(4) Facility means any building, areas of any building, or group of
buildings owned, leased, or utilized by the Department. This shall in-
clude, but not be limited to, institutions, conservation camps, community
correctional facility, and reentry furlough, and restitution centers.
(b) No person shall smoke within 20 feet of any operative window of,
entrance/exit to, or within the interior of any state owned or state occu-
pied building, with the following exceptions:
( 1 ) Residential spaces of staff excluding correctional training acade-
mies. Bachelor Officer Quarters (BOQ) at conservation camps, and des-
ignated non-smoking housing on institutional grounds. For these ex-
cluded areas, smoking will be permitted for staff in designated areas at
designated times.
(2) In areas designated by each institution head for the purpose of ap-
proved inmate religious ceremonies as specified.
(c) In addition to (b), no person shall smoke in any area that may pose
a safety or security risk, e.g., within any fire hazardous areas.
(d) Signs shall be posted at entrances of all areas designated no smok-
ing and, as necessary, any other outside areas of a facility not designated
for smoking, along with a citation of the authority requiring such prohibi-
tion.
(e) No person shall smoke in any vehicle that is state-owned or -leased
by the state.
NOTH: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and
5054. Penal Code; Sections 7596-7598 and 19994.30-19994.32. Government
Code.
History
1. Renumbering of former section 3188 to new section 3187. including amend-
ment of section and Note, filed 7-7-2005 as an emergency; operative
7-7-2005 (Register 2005, No. 27). Pursuant to Penal Code secfion 5058.3, a
Certificate of Compliance must be transmitted to OAL by 12-14-2005 or emer-
gency language will be repealed by operation of law on the following day. For
prior history of article 8 (sections 3 1 8()-3 181), see Register 90, No. 6 and Regis-
ter 91, No. 6.
2. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2006 (Register 2006, No. 4).
3. Editorial con-ection of Histories 1 and 2 (Register 2008, No. 21).
§ 3188. Tobacco Products.
(a) The terms below are defined for the purposes of this section:
( 1 ) Adverdse means the display or posfing of any poster, sign, or other
written or visual material that serves to coinmunicate commercial infor-
mation or images to the public.
(2) Tobacco product means any product that contains tobacco, the pre-
pared leaves of any plant belonging to the nicotiana family, which shall
include, but not be liiTiited to, cigarettes, loose tobacco, cigars, snuff,
chewing tobacco, or any other preparation of tobacco, tobacco substi-
tutes, smoking paraphernalia, and all other items developed or proces.sed
for the primary purpose of facilitating the use or possession of tobacco
or tobacco related products as well as packaging material. Packaging ma-
terial includes, but is not limited to. snuff or cigarette containers.
(b) No tobacco product shall be advertised in any department- owned
or -occupied facility with the exception of advertisements contained in
a program, leaflet, newspaper, magazine, or other written material law-
fully sold, bought, or distributed within a facility.
(c) Staff shall not use or possess tobacco products in the presence of
inmates. No person shall possess or use tobacco products on the grounds
of any institution/facility that houses or detains inmates, under the juris-
dicfion of the Department, except for the following:
( 1 ) The use of tobacco products inay be departmentally approved in
inmate religious ceremonies.
(2) Tobacco products for personal use off facility grounds are per-
mitted when secured in a locked private vehicle.
(3) Tobacco products for personal use are permitted in residential
spaces of staff where inmates are not present. Use of tobacco products in
residential space at correctional training academies, and in BOQ' s at con-
servation camps, will be permitted only in designated areas with desig-
nated Umes to be determined by local operational procedures.
(4) Tobacco cessation products such as a patch, inhaler, or lozenges
are permitted for use by staff, and must be for immediate personal use
only.
(d) On July 1 , 2005 and thereafter, smoking, possession, or use of to-
bacco products by inmates under the jurisdicfion of the Department, or
any other persons where inmates are housed or detained, except as pro-
vided in (c), is prohibited and tobacco products will be considered contra-
band in accordance with secfion 3006.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030.1 and
5054, Penal Code; Secdon 19994.35, Government Code.
History
L New section filed 8-18-94 as an emergency; operative 8-18-94 (Register 94,
No. 33). A Certificate of Compliance must be transmitted to OAL by 1 2-1 (>-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 8-1 8-94 order, including amendment of subsec-
tions (b) and (d), and amendment of Note transmitted to OAL 12-16-94 and
filed 1-26-95 (Register 95, No. 4).
3. Editorial correction of Reference cite (Register 95, No. 32).
4. Amendment of section and Note filed 1-14-97 as an emergency pursuant to
Penal Code secdon 5058(e); operative 1-14-97 (Register 97, No. 3). A Certifi-
cate of Compliance must be transmitted to OAL by 6-23-97 pursuant to Penal
Code secdon 5058(e) or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 1-14-97 order transmitted to OAL 4-22-97 and
filed 5-27-97 (Register 97, No. 22).
6. Amendment of subsecdon (a)(3) filed 12-1-98 as an emergency; operative
12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(c). a Certificate
of Compliance must be transmitted to OAL by 5-10-99 oremergency language
will be repealed by operadon of law on the following day.
7. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and
filed 6-4-99 (Register 99. No. 23).
8. Renumbering of former section 3188 to new secdon 3187 and renumbering of
former section 3 189 to secdon 3188. including amendment of section and Note,
filed 7-7-2005 as an emergency; operative 7-7-2005 (Register 2005. No. 27).
Pursuant to Penal Code section 5058.3. a Certificate of Compliance must be
transmitted to OAL by 12-14-2005 or emergency language will be repealed by
operadon of law on the following day.
9. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
Page 171
Register 2008, No. 23; 6-6-2008
§3189
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 31 89. Inmate Violations and Cessation Assistance.
(a) Inmates violating tlie provisions of sections 3187 and/or 3188 on
July 1, 2005 and therealter shall be subject to the inmate disciplinary
methods, administrative and serious rule violation provisions of sections
3312, 3314 and 3315.
(b) Tobacco use cessation assistance may include, but is not limited to
the following:
( 1 ) Tobacco use cessation classes,
(2) Distribution of printed tobacco cessation material.
NoTi:: Authority cited: Section 5058. Penal Code. Reference: Sections 5030.1 and
5054, Penal Code.
History
1. New section filed 8-18-94 as an emergency; operative 8-18-94 (Register 94.
No. 33). A Certificate of Compliance must he transmitted to OAL by 12-16-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 8-18-94 order transmitted to OAL 12-16-94
and filed 1-26-95 (Register 95, No. 4).
3. Amendment of section heading and new subsection (c) filed 12-1-98 as an
emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code
5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 1 2-1-98 order transmitted to OAL 5-7-99 and
filed 6^-99 (Register 99, No. 23).
5. Renumbering of former section 3 1 89 to section 3 1 88 and new section 3189 filed
7-7-2005 as an emergency; operative 7-7-2005 (Register 2005, No. 27). Pur-
suant to Penal Code section 5058.3. a Certificate of Compliance must be trans-
mitted to OAL by 12-14-2005 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
Article 9. Personal Property
§3190. General Policy.
(a) Inmates shall be permitted to possess in their quarters/living area,
state-issued property items, and authorized personal property items
based upon privileges in section 3044 and/or assigned security level and/
or institution mission, and subject to disciplinary provisions in sections
3314 and 3315.
(b) Specific items of personal property shall be established by a con-
sensus of individual facilities within each of five mission-based regions
of the Division of Adult Institutions. A list of allowable property shall be
developed and updated by each mission-based region no more frequent-
ly than twice yearly. Local exceptions to the individual mission-based
property lists shall also be identified. All changes to the Authorized Per-
sonal Property Schedule shall be adopted in accordance with the rule-
making requirements of the Administrative Procedure Act (Government
Code Sections 11340 through 1 1364).
The following five mission-based regional property lists are incorpo-
rated by reference:
(1) Authorized Personal Property Schedule — Reception Centers
(Rev. 2/1/08). This personal property schedule applies to the following
facilities:
(A) California Institution for Men — Reception Center and Adminis-
trative Segregation Unit Housing only.
(B) Deuel Vocational Institution — Reception Center and Administra-
tive Segregation Unit Housing only.
(C) North Kern State Prison — Reception Center and Administrative
Segregation Unit Housing only.
(D) Richard J. Donovan Correctional Facility — Reception Center and
Administrative Segregation Unit Housing only.
(E) San Quentin State Prison — Reception Center and Administrative
Segregation Unit Housing only.
(F) Wasco State Prison — Reception Center and Administrative Seg-
regation Unit Housing only.
(G) California Correctional Institution — Reception Center Housing
only.
(H) California State Prison, Los Angeles County — Reception Center
Housing only.
(1) High Desert State Prison — Reception Center Housing only.
(2) Authorized Personal Property Schedule — Levels I, II, III, Male
Conservation Camps and Community Correctional Facilities (Rev.
2/1/08). Tliis personal property schedule applies to the following facili-
ties:
(A) Avenal State Prison — Levels I and II General Population and Ad-
ministrative Segregation Unit Housing.
(B) California Correctional Center — Levels I, II, III General Popula-
tion. Administrative Segregation Unit Housing and Male Conservation
Camps.
(C) California Institution for Men — Level I General Population
Housing only.
(D) California Rehabilitation Center — Levels I and II General Popu-
lation and Administrative Segregation Unit Housing.
(E) California State Prison, Solano — Levels II and III General Popu-
lation and Administrative Segregation Unit Housing.
(F) Correctional Training Facility — Levels, I, II, and III General Pop-
ulation and Administrative Segregation Unit Housing.
(G) Chuckawalla Valley State Prison — Levels I and II General Popu-
lation and Administrative Segregation Unit Housing.
(H) Deuel Vocational Institution — Levels I and II General Population
Housing only.
(I) Folsom State Prison — Levels I, II, and III General Population and
Administrative Segregation Unit Housing.
(J) Ironwood State Prison — Levels I and II General Population and
Administrative Segregation Unit Housing.
(K) Pleasant Valley State Prison — Level I General Population Hous-
ing only.
(L) California Substance Abuse Treatment Facility and State Prison,
Corcoran — Levels I and II General Population Housing only.
(M) North Kern State Prison — Levels I and II General Population
Housing only.
(N) Richard J. Donovan Correctional Facility — Levels I and III Gen-
eral Population Housing only.
(O) San Quentin State Prison — Levels I and II General Population
Housing only.
(P) Sierra Conservation Center — Levels I, II and III General Popula-
tion, Administrative Segregation Unit Housing and Male Conservation
Camps.
(Q) Wasco State Prison — Levels I and III General Population Hous-
ing only.
(R) CaUpatria State Prison — Level I General Population Housing
only.
(S) Centinela State Prison — Level I General Population Housing
only.
(T) California Men's Colony — Levels I and II General Population
Housing only.
(U) California Medical Facility — Levels I and II General Population
Housing only.
(V) California State Prison, Los Angeles County — Level I General
Population Housing only.
(W) Mule Creek State Prison — Levels I and II General Population
Housing only.
(X) California Correctional Institution — Levels I and II General Pop-
ulation Housing only.
(Y) Corcoran State Prison — Level I General Population Housing
only.
(Z) High Desert State Prison — Levels I and II General Population
Housing only.
(AA) California State Prison, Sacramento — Levels I and II General
Population Housing only.
(BB) Pelican Bay State Prison — Level I General Population Housing
only.
Page 172
Register 2008, No. 23; 6-6-2008
Title 15
Adult Institutions, Programs and Parole
§3190
(CC) Kern Valley State Prison — Level I General Population Housing
only.
(DD) Salinas Valley State Prison — Levels I and II General Population
Housing only.
(3) Authorized Personal Property Schedule — Levels 111 and IV (Rev.
2/1/08). This personal property schedule applies to the following facili-
ties:
(A) Calipatria State Prison — Level IV General Population and Ad-
ministrative Segregation Unit Housing only.
(B) Centinela Slate Prison — Level III General Population and Ad-
ministrative Segregation Unit Housing only.
(C) California Men's Colony — Level III General Population and Ad-
ministrative Segregation Unit Housing only.
(D) California Medical Facility — Level III General Population and
Administrative Segregation Unit Housing only.
(E) California State Prison, Los Angeles County — Level IV General
Population and Administrative Segregation Unit Housing only.
(F) Mule Creek State Prison — Levels III and IV General Population
and Administrative Segregation Unit Housing only.
(G) Pleasant Valley State Prison — Levels III and IV General Popula-
tion and Administrative Segregation Unit Housing only.
(H) California Substance Abuse Treatment Facility and State Prison,
Corcoran — Levels III and IV General Population and Administrative
Segregation Unit Housing only.
(I) Richard J. Donovan Correctional Facility — Level IV General Pop-
ulation Housing only.
(4) Authorized Personal Property Schedule — High Security and
Transitional Housing (Rev. 2/1/08). This personal property schedule ap-
plies to the following facilities:
(A) California Correctional Institution — Level IV General Popula-
tion, Administrative Segregation Unit and Security Housing Unit Hous-
ing only.
(B) Corcoran State Prison — Levels III and IV General Population,
Administrative Segregation Unit and Security Housing Unit Housing
only.
(C) High Desert State Prison — Levels III and IV General Population,
and Administrative Segregation Unit Housing only.
(D) Kern Valley State Prison — Level IV General Population and Ad-
ministrative Segregation Unit Housing only.
(E) Pelican Bay State Prison — Level IV General Population, Admin-
istrative Segregation Unit and Security Housing Unit Housing only.
(F) California State Prison, Sacramento — Level IV General Popula-
tion and Administrative Segregation Unit Housing only.
(G) Salinas Valley State Prison — Levels III and IV General Popula-
tion and Administrative Segregation Unit Housing only.
(5) Authorized Personal Property Schedule — Female Offenders Pro-
grams (Rev. 2/1/08). This personal property schedule applies to the fol-
lowing facilities:
(A) Central California Women's Facihty — Levels I, II, III and IV
General Population, Administrative Segregation Unit and Reception
Center Housing.
(B) California Institution for Women — Levels I, II and III General
Population, Administrative Segregation Unit and Reception Center
Housing.
(C) Valley State Prison for Women — Levels I, II, III and IV General
Population, Reception Center, Administrative Segregation Unit and Se-
curity Housing Unit Housing.
Facilities are subject to the Authorized Personal Property Schedule ex-
emptions that have been granted to particular institutions and which are
identified at the beginning of each of the property lists referenced in sub-
sections 3190(b)(1) through 3190(b)(5) above.
(c) The combined volume of state-issued and allowable personal
property items shall not exceed six cubic feet, except as specifically al-
lowed in these regulations.
(d) Upon an inmate's transfer between institutions of the department,
the sending institution shall inventory the inmate's property and, pur-
suant to section 3191 ensure the proper disposition of property not al-
lowed at the receiving institution as a result of privilege group, and/or se-
curity level, and/or institution mission changes.
(e) Inmates may acquire authorized personal property packages based
upon their privilege group, pursuant to section 3044. Personal property
packages shall be ordered by inmates or their correspondents via a de-
partmental ly-ap proved vendor. All packages shall be shipped to the in-
mate's institution/facility by the departmentally-approved vendor in a
sealed container.
(f) Inmates may possess allowable food and personal care/hygiene
items, and personal clothing in their quarters/living areas, subject to sec-
tion 3 1 90(a), unless otherwise prohibited by these regulations. The total
volume of canteen merchandise retained in possession of an inmate shall
be pursuant to section 3094. Inmates shall be required to maintain their
purchase receipt to verify purchases until such items are expended.
(g) Inmates shall be restricted to only clear (see-through) personal
care/hygiene items encased in clear containers or tubing based upon in-
dustry availability. An exemption shall be authorized by the institution's
health care manager or chief medical officer when an exemption to the
clear item and/or clear case requirement is deemed medically necessary
by a physician. Such exemption shall not exceed one ( 1 ) year. If the
condition persists, the inmate shall submit another exemption request.
(h) Inmates shall only be permitted to possess state-issued clothing
and authorized personal clothing subject to section 3190(a).
(i) Inmates shall be allowed special purchases of authorized personal
property items from locally-approved special purchase vendors (except
as provided for publications (including books and subscriptions to peri-
odicals) in Sections 3190(i)(2) and 3190(i)(7) below). The institution
head or designated staff shall ensure approved vendor catalogs and order
forms are available to inmates who qualify. Special purchases shall only
include the following:
( 1 ) Health Care Appliances, subject to prescription by health care staff
and approval by designated custody staff, shall be excluded from the six
cubic foot limitation of section 3190(c).
(2) Legal Material, including legal reference material, books, and legal
pads not available in the institution canteen, pursuant to section 3161.
There shall be no "Approved Vendor Lists" for any legal publications.
Inmates may receive legal publications from any publisher, book store
or book distributor that does mail order business.
(3) Correspondence Courses, subject to approval by supervisor of
correctional education programs and designated custody staff.
(4) Religious Items, subject to approval by institutional chaplain and
designated custody staff.
(5) Handicraft Material, subject to approval by handicraft manager
and designated custody staff.
(6) Entertainment Appliances and Musical Instruments, subject to
qualifying privilege group and/or security level/institution mission.
(7) All publications, including books and subscriptions to periodicals,
subject to section 3006. There shall be no 'Approved Vendor Lists" for
any publications. Inmates may receive publications from any publisher,
book store or book distributor that does mail order business.
(j) Inmates may be allowed to possess appliances and one musical in-
strument as follows:
(1) Inmates assigned to Privilege Groups A or B may possess up to
three approved appliances in their quarters/living area and shall not ex-
ceed the six cubic feet maximum limitation. One musical instrument with
case not exceeding 46" x 24" x 12" may be substituted as one of the three
appliances.
(2) Inmates assigned to Privilege Group C may not possess entertain-
ment appliances and/or a musical instrument. Inmates placed on Privi-
lege Group C pursuant to a classification committee action, shall be re-
quired to dispose of the entertainment appliance(s) and/or musical
instrument in accordance with section 3191(c).
(3) Inmates assigned to Security Housing Unit/Psychiatric Services
Unit (SHU/PSU) may possess or acquire one television or one radio or
Page 173
Register 2008, No. 23; 6-6-2008
§3191
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
one television/radio combination unit. Inmates assigned to Privilege
Group D shall not possess a musical instrument.
(4) Inmates assigned to Privilege Group U shall not possess any ap-
pliances or musical instruments.
(5) Inmates housed at conservation camps shall not possess a televi-
sion or television/radio combination.
(k) All appliances shall be sealed by staff by covering exterior pieces
of the appliance that may be used to access the interior of the appliance
with hotglue.
(/) Inmates who break or tamper with the seal of an appliance(s) may
be subject to disciplinary action and confiscation of the item.
(m) Inmates ordering new or replacement appliances shall be required
to purchase clear-case appliances, as they become available.
(n) Inmate correspondents shall be permitted to purchase appliances
for qualifying inmates, including health care and entertainment ap-
pliances and/or musical instruments from a locally-approved vendor,
pursuant to section 3044.
(o) In addition to the six cubic feet limitation of authorized property,
inmates who participate in institution academic or vocational education-
al programs shall be allowed to possess, in their quarters/living area, state
provided textbooks/materials necessary to complete their education re-
quirements. In accordance with section 301 1, inmates who do not return
state textbooks in serviceable condition, may be charged a replacement
fee, as determined by the supervisor of correctional education programs.
(p) Inmates may acquire and possess correspondence course materi-
als, including textbooks, in their quarters/living area as approved by the
supervisor of correctional education programs and designated custody
staff pursuant to limitations in section 3190(b). Correspondence courses
requiring tools, construction kits, or other materials that may pose a threat
to the institution's security or the safety of persons shall not be allowed.
(q) The amount charged an inmate for a special purchase or personal
property package shall include normal taxes and a 10% service charge
based upon the purchase price. Service charges shall be deposited in the
inmate welfare fund. Exception: The 10% service charge shall not be
added to purchases of health care appliances, correspondence courses,
nonfiction books, rehgious items, and legal materials.
(r) Inmates shall not possess any membership cards, identification
cards, or service-type cards other than those issued by the department.
(s) Ail allowable inmate property shall be inventoried, documented,
and stored for inmates transferred Out-to-Medical or Out-to-Court, or
placed in segregated housing, a Correctional Treatment Center, or an
Outpatient Housing Unit, until the inmate returns.
(t) Privilege Group A or B inmates placed in administrative segrega-
tion (AD SEG) shall have their property inventoried and stored pending
the outcome of Initial Classification Committee review. If the inmate is
released to general population and maintains their Privilege Group A or
B assignment, all allowable property shall be returned. If the inmate is
retained in AD SEG, all allowable property as determined by current de-
partmental regulations shall be reissued to the inmate. If the inmate re-
ceived a SHU term, the inmate shall be required to dispose of unallow-
able property due to privilege group and/or security level and/or
institution mission change in accordance with section 3191(c).
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 2086, 2601 , 5006 and 5054, Penal Code; In reAlcala, Marin County Superior
Court, No. 117925, December 20, 1984 and Armstrong v. Davis Court Ordered
Remedial Plan, Amended Januai^ 3, 2001 ; In re Armstrong, N.D. Cal, No. C
94-02307, March 20, 1998.
History
1. Amendment filed 3-6-85 as an emergency; effective upon filing (Register 85,
No. 12). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-3-85. For prior history, see
Register 84, No. 47.
2. Order of Repeal of 3-6-85 emergency order filed 8-1-85 by OAL pursuant to
Government Code Section 11349.6(b) (Register 85, No. 31).
3. Amendment filed 8-2-85 as an emergency; effective upon filing (Register 85,
No. 31). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 12-2-85.
4. Certificate of Compliance transmitted to OAL 12-2-85 and filed 12-23-85
(Register 85. No. 52).
5. Amendment of subsections (a) and (c), new subsection (d), relocation and
amendment of former section 3092(a) to section 3190(e), new subsections
(e)(l)-(7), relocation and amendment of former section 3092(b) to section
3190(f) and amendment of NoTl- filed 12-30-2003 as an emergency; operative
1-1-2004 (Register 2004, No. 1 ). Pursuant to Penal Code section 5058.3(a)( 1 ),
a Certificate of Coinpliance must be transmitted to OAL by 6-9-2004 or emer-
gency language will be repealed by operation of law on the following day.
6. Withdrawal and repeal of 12-30-2003 amendments filed 5-27-2004 as an
emergency; operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal
Code section 5058.3, a Ceilificate of Compliance must be transmitted to OAL
by 9-24-2004 or emergency language will be repealed by operation of law on
the following day.
7. Amendment of section and NoTi;, including relocation and amendment of for-
mer subsection 3092(a) to section 3 1 90(h), relocation and amendment of former
section 3044(g)(4)(G) to section 3190(i)(3) and relocation and ainendment of
former section 3092(b) to section 3190(p), filed 5-27-2004 as an emergency;
operative 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 1 1-3-2004
or emergency language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
9. Amendment of section and Note filed 8-13-2007 as an emergency; operative
8-13-2007 (Register 2007, No. 33). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1-22-2008 or emer-
gency language will be repealed by operation of law on the following day.
10. Amendment of section and Note refiled 1-23-2008 as an emergency; opera-
tive 1-23-2008 (Register 2008, No. 4). A Certificate of Compliance must be
transmitted to OAL by 4-22-2008 or emergency language will be repealed by
operation of law on the following day.
1 1. Certificate of Compliance as to 1-23-2008 order, including further amend-
ment of section and Note, transmitted to OAL 4-22-2008 and filed 6-4-2008
(Register 2008, No. 23).
§ 3191. Property Registration and Disposition.
(a) Registerable personal property must be registered under the in-
mate's name and number in the instimtion's inmate property records.
(b) Inmates are required upon request by institution staff to properly
account for all registerable personal property registered in their name and
number. An inmate's failure to possess or properly account for personal
property registered in the inmate's name and number, or possession of
property which is not registered in the inmate' s name and number will be
cause for disciplinary action, including confiscation of the unregistered
property. In all instances of confiscation, every reasonable effort will be
made to determine the rightful owner of the property. The property will
be returned to its rightful owner unless, as the result of disciplinary action
for misuse of property, the inmate's approval to possess the property is
rescinded.
(c) Inmate personal property not meeting the criteria in section 3190.
shall be disposed of in accordance with this section. An inmate shall se-
lect one of the methods listed in sections 3191(c)(1) through 3191(c)(5)
below for disposing of non-allowable personal property which is unau-
thorized pursuant to subsection (b) and section 3 1 90. If the inmate makes
no selection or has insufficient funds, staff shall document that fact and
determine the method of disposition. Property that is considered contra-
band pursuant to section 3006(a) or (c) shall be retained by staff as may
be required by ongoing investigation or court order. Following the
completion of all disciplinary, investigative, or court requirements, the
contraband property shall be disposed of according to institutional/facil-
ity procedures.
(1) Mail the item to an address of an individual willing to accept the
personal property, provided by the inmate, via USPS or common carrier
at the inmate's expense. This option is not available for inmates with in-
sufficient trust account funds.
(2) Return the item to the sender via USPS or common carrier at the
inmate's expense. This option is not available for inmates with insuffi-
cient trust account funds.
(3) Donate the item to a charitable organization as designated by the
institution/facility.
(4) Donate the item to the institution/facility.
Page 174
Register 2008, No. 23; 6-6-2008
Title 15
Adult Institutions, Programs and Parole
§3194
(5) Render the item useless and dispose of it according to institution/
facility procedures.
(d) Inmates shall not send personal property to any state agency or
agent of the state. Failure to comply may result in disciplinary action, and
confiscation and/or disposal of the property.
NOTK: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 2601 and 5054, Penal Code.
History
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No.
40).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
3. New subsection (c) and Notc filed 6-26-92; operative 7-27-92 (Register 92,
No. 26).
4. Amendment of section and NoTi; filed 5-27-2004 as an emergency; operative
5-27-2004 (Register 2004. No. 22). Pursuant to Penal Code s^ection 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 or emer-
gency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
6. Amendment of subsection (c) and amendment of NoTii filed 8-13-2007 as an
emergency; operative 8-13-2007 (Register 2007, No. 33). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 1-22-2008 or emergency language will be repealed by operation of law on
the following day.
7. Amendment of subsection (c) and amendment of Noti-; refiled 1-23-2008 as an
emergency; operafive 1-23-2008 (Register 2008, No. 4). A Certificate of Com-
pliance must be transmitted to OAL by 4-22-2008 or emergency language will
be repealed by operation of law on the following day.
8. Certificate of Compliance as to 1-23-2008 order, including further amendment
of subsection (c), transmitted to OAL 4-22-2008 and filed 6-4-2008 (Register
2008, No. 23).
§ 3192. Possession and Exchange.
An inmate' s right to inherit, own, sell or convey real and/or personal
property does not include the right to possess such property within the
institutions/facilities of the department. An inmate may not exchange,
borrow, loan, give away or convey personal property to or from other in-
mates. Violation(s) of this rule may result in disciplinary action, and con-
fiscation and/or disposal of the personal property.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 2601 and
5054, Penal Code.
History
1. Amendment filed 9-30-77; effective thirtieth day thereafter (Register 77, No.
40).
2. Amendment of secdon and new Noth filed 5-27-2004 as an emergency; opera-
tive 5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3,
a Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 or emer-
gency language will be repealed by operation of law on the following day.
3 Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§3193. Liability.
(a) In permitting inmates to possess items of personal property while
they are incarcerated, the department does not accept liability for the
theft, loss, damage or destruction of such property resulting from the in-
tentional or careless act or activities of any inmate. The department does
not accept liability for the loss or destruction of personal property in the
inmate' s possession or control at the time of any willful act by the inmate,
such as escape, which exposes such property to loss or theft before it can
be recovered and controlled by staff.
(b) The department shall accept liability for the loss or destruction of
inmate personal property when it is established that such loss or destruc-
tion results from employee action. Inmates shall utilize the inmate appeal
process if unable to resolve a personal property claim pursuant to section
3084. 1 . Upon acceptance of liability, the department shall provide simi-
lar items of equal or greater value to the inmate when such items are avail-
able via donated property items consistent with sections 3084.7(e) and
3191(c). If donated items are not available, monetary compensation to
the inmate for such loss shall not exceed either the dollar value assigned
to the item or items at the time the inmate received authorization to pos-
sess the property; the cost of the item, verified by receipt; or the replace-
ment value for the item or a similar item, as determined by the depart-
ment. Staff recommendations to the Victim Compensation and
Government Claims Board regarding monetary reimbursement will be
made accordingly.
(c) The department shall not assume responsibility for property aban-
doned by an escapee until such time as the escape is discovered and the
property is inventoried. Inventoried property shall be stored and final dis-
position of the property shall be pursuant to Penal Code 5062 and 5063.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2085,
2600, 2601, 5062 and 5063, Penal Code.
History
1 . New secfion filed 5-13-77: effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment filed 9-30-77; effecfive thirtieth day thereafter (Register 77, No.
40).
3. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
4. Repealer and new section filed 1 0-7-82; effecfive thirtieth day thereafter (Reg-
ister 82, No. 41 ).
5. Amendment of section and NoTi; filed 5-27-2004 as an emergency; operative
5-27-2004 (Register 2004, No. 22). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1-3-2004 or emer-
gency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
§ 3194. Extradition Inmate Property.
(a) Inmates or parolees requiring extradition transport from any state
or territory of the United States are personally responsible for the disposi-
tion of their personal property. Inmates shall arrange with the holding
agency for the disposal or storage or mailing of personal property prior
to being transported by California state agents. State agents shall not be
responsible for personal property remaining at the sending agency/insti-
tution. At no time shall inmate personal property be checked onto air-
planes or transported in the aircraft's baggage compartment. The only ex-
ception shall be wheelchairs or other health care appliances.
(b) Inmates extradited to the custody of the department shall not retain
any property on their person except prescribed eyeglasses or health care
appliances. Only authorized property that can fit into a 10" x 12" clasp
envelope, including, but not limited to prescription medication, jewelry,
wallet, watch, family pictures, or printed material, shall be allowed to be
transported. Inmate property shall be inventoried, recorded, and secured
in the agent's carry-on baggage or secured compartment in a transporta-
tion vehicle. Inmates may wear his/her own clothing and shoes if deemed
appropriate for transport purposes by the assigned state agents.
(c) Inmates extradited or transferred from the department to other ju-
risdictions, states or territories of the United States may be allowed to re-
tain all or a portion of their property as determined by the transporting
extradition agent. In cases where the transportation of personal property
is not permitted, inmates shall dispose of the property pursuant to subsec-
tion 3191(c)(3) through (5) or be provided the opportunity to select from
the following options for the disposition of property:
(1) Inmates permanently transferring to the custody of another agency
shall be provided the opportunity to send all property to an address of
their choosing via USPS or common carrier at the inmate's expense.
(2) Indigent inmates permanently transferring to the custody of anoth-
er agency may send their personal property to an individual willing to ac-
cept the personal property at the expense of the department.
(3) Inmates temporarily transferring out-to-court or other temporary
transfers out-of-state shall have property stored at the institution/facility
pending their return to custody, parole or discharge. Disposition of un-
claimed property shall be in accordance with PC 5062, 5063 and 5064.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 5054,
5062, 5063 and 5064, Penal Code.
History
1. New section filed 5-27-2004 as an emergency; operative 5-27-2004 (Register
2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 1 1-3-2004 or emergency language will
be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51 ).
Page 174.1
Register 2008, No. 23; 6-6-2008
§3195
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§3195. Release Clothing.
Inmates scheduled for parole or awaiting discharge may receive a re-
lease clothing package via U.S. Postal Service or common carrier no ear-
lier than 30 days prior to their scheduled parole or discharge date. Inmate
release clothing packages, limited to one set of clothing, shall be retained
in a secure location by the department until their release.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section filed 5-27-2004 as an emergency: operative 5-27-2004 (Register
2004, No. 22). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 1 1-3-2004 or emergency language will
be repealed by operation of law on the following day.
2. Certificate of Compliance as to 5-27-2004 order transmitted to OAL
10-28-2004 and filed 12-14-2004 (Register 2004, No. 51).
3. Repealer of Article 10 (Section 3195) filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
Article 10. Inmate Privileges
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New Article 10 (Section 3195) filed 8-22-79; effective thirtieth day thereafter
(Register 79, No. 34).
2. Amendment of subsections (d)-(f) filed 10-7-82; effective thirtieth day there-
after (Register 82, No. 41).
Subchapter 3. Inmate Activities
§ 3200. General Policy.
History
1. Repealer filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
Article 1. Religious Program
§ 3210. Establishment of Religious Programs.
(a) Institution heads shall make every reasonable effort to provide for
the religious and spiritual welfare of all interested inmates, including, but
not limited to, affording inmates a reasonable accommodation to attend
a scheduled Religious Service if they are unable to do so due to conflict-
ing work/education assignments. Reasonable accommodation may in-
clude, but is not limited to, modified work schedule, use of accrued time
or allowable breaks, granting of a job/assignment change, changes of
regular days off, etc. Use of reasonable accommodation shall in no way
adversely impact an inmate's credit earning status.
[The next page is 175.]
Page 174.2
Register 2008, No. 23; 6-6-2008
Title 15
Adult Institutions, Programs and Parole
§3220
(b) Depending upon the number of inmates of the various faiths, chap-
lains may be employed or their services may be accepted on a nonpaid
volunteer basis. When feasible, separate space for services of the faith
groups represented by a substantial number of inmates shall be provided.
However, in some facilities, such as camps, it shall be necessary for the
various faith groups to share such space as is available for religious ser-
vices.
(c) Reasonable time and accommodation shall be allowed for religious
services in keeping with facility security and other necessary institutional
operations and activities. Insofar as possible, other facility activities shall
be planned so as not to conflict with or disrupt scheduled religious ser-
vices.
(d) A request for a religious service accommodation that requires a
specific time, location and/or item(s) not otherwise authorized, will be
referred to a Religious Review Committee (RRC) for review and consid-
eration. The RRC shall be comprised of designated chaplains, and a
correctional captain or their designee. Accommodation for religious ser-
vices that are not granted, shall be for reason(s) which would impact fa-
cility/unit safety and security, and orderly day to day operations of the
institution.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and
5054, Penal Code; and Religious Land Use and Institutionalized Persons Act of
2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
3. Amendment of article heading, section heading, text, and Note filed 1 1-1-93;
operative 12-1-93 (Register 93, No. 45).
4. Amendment of section and Note filed 1-17-2006 as an emergency; operative
1-17-2006 (Register 2006, No. 3). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-26-2006 or emer-
gency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-17-2006 order transmitted to OAL
6-22-2006 and filed 7-27-2006 (Register 2006, No. 30).
§ 321 1 . Inmate Ministers.
(a) When a chaplain of a particular faith cannot be obtained to conduct
services within a facility housing inmates of that faith, the institution
head may at their discretion and subject to such controls reasonably re-
quired for facility security, designate a qualified inmate to minister to the
religious needs of inmates for that specific faith. In determining the quah-
fications of an inmate to conduct such services, the institution head will,
whenever possible, seek the advice and counsel of outside religious lead-
ers of that faith.
(b) An inmate shall not be assigned as a minister on a full-time basis
in lieu of a regular inmate work/training incentive program assignment,
be considered as a state employee, or be paid by the state for their ser-
vices.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and
5054, Penal Code.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Resister 82, No.
29).
2. Editorial correcfion of Note filed 8-16-82 (Register 82, No. 34).
3. Amendment of section heading, text, and Note filed 11-1-93; operadve
12-1-93 (Register 93, No. 45).
§ 3213. Stipulations Regarding Religious Artifacts,
Sanctuaries, and Sacramental Wine.
(a) Prior written approval of the institution head or their designee shall
be required for the following:
(1) For any person to bring sacramental wine or any religious artifact
into a facility.
(2) For an inmate to be provided any religious artifact.
(3) For an inmate to wear or carry an approved religious artifact at any
time other than during their regular religious or sweat events, or facility-
approved special events.
(b) Medicine bags shall be constructed of soft leather or other natural
material without a lining and shall not exceed 1-1/2 inches in diameter.
The bag shall, in the presence of staff, either be closed with a drawstring
or sewn shut in such a manner as to permit subsequent searches of the
bag's contents by staff.
(c) All religious artifacts shall be subject to searches by staff.
(d) Sanctuaries, sweat lodges, and other areas designated for religious
or spiritual use shall be subject to searches by staff.
Note: Authority cited: Secfion 5058, Penal Code. Reference: Sections 5009 and
5054, Penal Code; and Section 1996, Title 42, United States Code.
History
1. Amendment of section headine, repealer of text, and new subsecfions (aHd)
and Note filed 1 1-1-93; operative 12-1-93 (Register 93, No. 45).
Article 1.5. Inmate Marriages
§3216. Marriages.
(a) Inmate marriages shall be permitted in accordance with the provi-
sions of law and these regulations.
(b) The inmate's marriage request shall be processed by the inmate's
caseworker or other staff person designated by the institution head who
shall provide all necessary information to the office of the county clerk
or clergyperson.
(c) Inmate marriages shall be solemnized at the institution/facility by
an individual authorized to solemnize marriages, as designated in Family
Code Sections 400 and 402.
(d) For the purpose of this section, a chaplain shall mean those persons
defined in section 3000. Institution/facility chaplains may solemnize in-
mate marriages. Institution/facility chaplains, if designated, shall be re-
quired to process the request or facilitate a marriage. Institution/facility
chaplains shall establish religious criteria to be met by the inmates and
this criteria shall be provided by the chaplains to their supervisors.
(e) Attendance at a marriage ceremony shall be limited to the bride,
groom, two inmate guests, the official solemnizing the ceremony, and ten
non-inmate guests. Inmate guests may attend only if their Inmate Work
Incentive Program schedules are not interrupted.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2601(f)
and 5054, Penal Code; and Sections 300, 350-359, 400-402 and 500, Family
Code.
History
1. New article 1.5 (section 3216) and section filed 1-1 1-99; operative 2-l(>'99
(Register 99, No. 3).
Article 2. Recreational and Physical
Education Programs
§ 3212. Scheduled Services.
Information received by chaplains when performing their duties shall
be privileged except when the nondisclosure of such information to facil-
ity staff would jeopardize the safety of any person or the security of the
facility.
NOTE: Authority cited. Section 5058, Penal Code. Reference: Secdons 5009 and
5054. PenaJ Code; and Sections 912, 917 and ) 030-1 034, Evidence Code.
History
1 . Amendment of section heading and text, and addition of Note filed 1 1-1-93;
operative 12-1-93 (Register 93, No. 45).
§ 3220. Recreational and Physical Education Program
Participation.
(a) Interested inmates shall be provided an equal opportunity to partic-
ipate in constructive recreational and physical education programs under
safe and secure conditions, consistent with the inmate's custodial classi-
fication, work/training assignment, privilege group and security require-
ments.
(b) The recreation program may operate seven days a week with spe-
cific program, gymnasium and/or yard schedules established by the insti-
Page 175
Register 2006, No. 49; 12-8-2006
§ 3220.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
tution head. Notices of tournaments and special events shall be posted in
locations accessible to all inmates.
(c) Employees shall not participate in inmate contests, except as a
coach, instructor or official, unless authorized to do so by the institution
head.
(d) Prizes and trophies may be purchased using inmate welfare funds
and awarded to inmates participating in activities and contests. An
award, prize, trophy or certificate of participation in a recreation or physi-
cal education event shall be delivered to the participant inmate as soon
as possible following approval by the coordinator of the activity or event
involved.
(e) Competition between outside public teams and inmate teams may
be permitted only within the facility and under the direct supervision of
staff.
(f) Inmates may voluntarily participate only in those contests, games,
and/or athletic activities which have been specifically authorized by the
institution head or the institution head's designee.
(g) Inmate weight lifting programs and equipment shall not be per-
mitted at departmental institution/facilities. Exceptions shall be per-
mitted as specifically authorized by the director, in compliance with Pe-
nal Code Section 5010.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5010 and
5054, Penal Code.
History
1 . Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
3. Amendment of subsection (b), renumbering and amendment of former section
3220.3 to new subsection 3220(f) and amendment of Note filed 6-30-95 as an
emergency; operative 7-1-95 (Register 95, No. 26). A Certificate of Com-
pliance must be transmitted to OAL by 12-7-95 or emergency language will be
repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-30-95 order transmitted to OAL 1 1-22-95
and filed 1-8-96 (Register 96, No. 2).
5. New subsection (g) filed 1-2-98 as an emergency; operative 1-2-98 (Register
98, No. 1). Pursuant to Penal Code section 5058(e), a Certificate of Compliance
must be transmitted to OAL by 6-11-98 or emergency language will be re-
pealed by operation of law on the following day.
6. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and
filed 7-21-98 (Register 98, No. 30).
7. Amendment of article heading, secfion heading and subsections (a) and (d) filed
7-24-2002; operative 8-23-2002 (Register 2002, No, 30).
§ 3220.1. Recreation and Physical Education Program
Safety.
(a) Grudge fights, games, contests or other recreation or physical
education activities, which involve unusual danger or potential for inju-
ry, are prohibited.
(b) Inmates shall not be allowed to participate in the boxing program
without written medical clearance.
(c) Martial arts may be practiced only with specific approval from the
institution head and under the direct supervision of staff.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
L Renumbering and amendment of former section 3221 to section 3220.1 filed
6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Designation of subsections (a)-(c), new subsections (d)-(e) and amendment of
Note filed 6-30-95 as an emergency; operative 7-1-95 (Register 95, No. 26).
A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emer-
gency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-30-95 order transmitted to OAL 1 1-22-95
and filed 1-8-96 (Register 96, No. 2).
4. Repealer of subsections (d) and (e) and amendment of Note filed 1-2-98 as
an emergency; operative 1-2-98 (Register 98, No. 1). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
6-1 1-98 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1-2-98 order transmitted to OAL 6-9-98 and
filed 7-21-98 (Register 98, No. 30).
6. Amendment of section heading and subsection (a) filed 7-24-2002; operative
8-23-2002 (Register 2002, No. 30).
§ 3220.2. Academic Standards.
All academic recreation, physical education and physical fitness train-
ing programs provided at departmental institutions/facilities shall be
based upon curriculum frameworks adopted by the Board of Education.
Lesson plans, competency testing, standards, course outlines, teacher/in-
mate enrollment ratios, instructional specialization and all related aca-
demic and educational requirements shall be in accordance with the ap-
propriate curriculum framework.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections
60200-60206, Education Code; and Section 5054, Penal Code.
History
1. New section filed 7-24-2002; operafive 8-23-2002 (Register 2002. No. 30).
For prior history, see Register 98, No. 30.
§ 3220.3. Conservation Camp Programs.
Conservation camps shall provide recreation and physical education
program opportunities for their respective inmate populations. These op-
portunities shall be compatible with camp operations, staffing and the
geographic location of the camp.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 7-24-2002; operative 8-23-2002 (Register 2002, No. 30).
For prior history, see Register 96, No. 2.
§ 3220.4. MoviesAAideos for Inmate Viewing.
(a) Only movies/videos approved by the institution head or his/her de-
signee (reviewer) may be scheduled for viewing by inmates.
(b) Only those movies/videos which have been given a rating of "G,"
"PG," or "PG-I3" by the Motion Picture Association of America
(MPAA) or that have been placed on the department's discretionary
showing list may be considered for viewing. Movies/videos which have
been given a rating of other than "G," "PG," or "PG-13" by the Motion
Picture Association of America shall not be approved for general inmate
viewing. Regardless of their rating or listing, movies/videos which, in the
opinion of the reviewer, glorify violence or sex, or are inflammatory to
the climate of the facility shall not be shown.
(c) The selection or exclusion of a movie/video by a facility may be
challenged by members of the public by writing to the director, appealed
by inmates by following the appeal process as stated in section 3084. 1 et
seq., and grieved by staff by pursuing grievance procedures in accor-
dance with their collective bargaining unit's contract and/or memoran-
dum of understanding.
(d) At the discretion of the director, a movie/video review shall be
done by the movie review committee, composed of staff named by the
director. Movies may be submitted for consideration as follows:
(1) Movies/videos which have not been rated may be submitted to the
director for the committee's consideration for general inmate viewing,
(2) Movies/videos which have an MPAA rating of other than "G,"
"PG," or "PG-13," or have not been rated by the MPAA, may be sub-
mitted to the director by the facility reviewer or a contract vendor for the
committee's consideration for specified limited inmate viewing pur-
poses (e.g., education or contracted service vendor programs).
(3) Movies which are challenged by the public, appealed by inmates,
and grieved by staff pursuant to subsection (c) of this section shall be re-
viewed by the committee at the director's discretion.
(e) The committee may determine a movie/video to be unacceptable
for inmate viewing, acceptable for general inmate viewing, or acceptable
for specified limited inmate viewing purposes.
(f) The committee will place movies/videos on a statewide "discre-
tionary showing list" under the category of "approved for all purposes,"
or under the category of "approved for specified limited inmate viewing
purposes" (specifying the limited or special purpose for which the movie
is being approved), or under the category of "unacceptable for inmate
viewing." A movie/video's placement on the list as approved will not re-
quire that it be shown by a facility.
NOTE; Authority cited: Section 5058 and 10006(b), Penal Code. Reference: Sec-
tions 2601(c), 5054 and 10006(b), Penal Code.
Page 176
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3230
History
1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Amendment of newly designated subsections (a) and (b), new subsections
(c)-(d)(4) and amendment of Noth filed 6-28-96 as an emergency; operative
6-28-96 (Register 96, No. 26). A Certificate of Compliance must be transmitted
to OAL by 1-6-97 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of newly designated subsections (a) and (b), new subsections
(cHd)(4) and amendment of NoTi-: refiled 12-19-96 as an emergency; opera-
tive 12-19-96 (Register 96, No. 51). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transinitted to OAL by 5-28-97 or emer-
gency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-1 9-96 order, including further amendment
of section, transmitted to OAL 4-14-97 and filed 5-23-97 (Register 97, No.
21).
§ 3220.5. State-Owned Television Sets.
(a) State-owned television sets provided for inmate viewing shall be
moved only by designated staff.
(b) Except to change the channel to a scheduled program, television
channel changes and receiver adjustments shall be made only by staff.
(c) The viewing schedule for each state-owned television set shall be
determined under the supervision of staff by a vote of the inmates using
the set. Program viewing schedules shall be displayed next to the televi-
sion set and shall be removed or changed only by staff.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New secdon filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§3221. Safety.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Renumbering and amendment of former section 3221 to section 3220.1 filed
6-29-93; operative 7-29-93 (Register 93, No. 27).
§ 3222. Physical Fitness.
History
1. Renumbering and amendment of former section 3222 to section 3220.2 filed
6-29-93; operaUve 7-29-93 (Register 93, No. 27).
§ 3223. Unauthorized Activity.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Renumbering and amendment of former section 3223 to section 3220.3 filed
6-29-93; operative 7-29-93 (Register 93. No. 27).
Article 3. Inmate Councils, Committees,
and Activity Groups
§ 3230. Establishment of Inmate Advisory Councils.
(a) Each warden shall establish an inmate advisory council which is
representative of that facility's inmate ethnic groups. At the discretion of
the warden, subcommittees of the council may also be established to rep-
resent subfacilities or specialized segments of the inmate population.
( 1 ) Council members shall serve to advise and communicate with the
warden and other staff those matters of common interest and concern to
the inmate general population.
(2) The council shall operate only under the constitution and by-laws
as prepared by the council's inmate representatives, with the advice and
guidance of designated staff and approved by the warden.
(3) Local exceptions to this regulation may be permitted with the ap-
proval of the director.
(b) An inmate's eiigfbiiity for nomination, election and retention as an
inmate advisory council representative shall be limited only by the in-
mate's ability to effectively function in that capacity as determined by the
warden.
(1 ) Upon the inmate's request, that inmate shall be provided, in writ-
ing, the reasons for the determination of ineligibility.
(2) A disciplinary infraction shall not necessarily bar an inmate from
serving as a council representative unless the infraction is determined by
the warden to be detrimental to the council's effectiveness.
(3) A representative's misbehavior while conducting council business
or acting under the guise of conducting council business shall be cause
for disciplinary or other action.
(4) The membership of representatives or the activities of the entire
council may be suspended when the warden determines that the represen-
tative or council presents a threat to facility security or the safety of per-
sons, or that the representative's or council's actions are counterproduc-
tive to the best interest and welfare of the general inmate population. If
a council's activities are suspended, the warden shall notify the general
inmate population of that action and the reasons therefor.
(c) Only inmates shall nominate and elect inmate advisory council rep-
resentatives.
(1 ) Each inmate shall have an equal vote in the election of their council
representatives.
(2) When an election is by written ballot, the election shall be con-
ducted under the direct supervision of staff who shall distribute and col-
lect the ballots and tabulate the results.
(3) All written ballots shall be retained for 30 days after the close of
the election.
(4) If it is determined that any coercion, duress, threats of reprisal or
other irregularities were present in an election, the warden may declare
the election invalid and require a new ballot.
(5) Only council representatives shall elect a temporary representative
to fill a vacancy for up to a maximum of 30 days.
(d) Inmate advisory council representatives shall not, as a council rep-
resentative, become involved with inmate appeals unless the matter af-
fects the general inmate population and such involvement is authorized
by the warden.
( 1 ) No appeal concerning an employee shall be discussed by represen-
tatives with any employee below the level of correctional lieutenant.
(2) Representatives shall not attempt to influence the decisions of staff
by threatening to seek review by a higher authority.
(3) Representatives shall not negotiate with nonsupervisory staff who
do not have the authority to act on the specific matter.
(4) Representatives shall not attempt to directly enforce staffs com-
pliance with any higher level decisions.
(e) Each inmate advisory council shall maintain a permanent record of
formal meetings, whether staff were present or not.
(1) The minutes of meetings shall contain the date and time of the
meeting, names and titles of those present and absent, subjects discussed,
decisions made and actions taken.
(2) Before being distributed, minutes of meetings and any other coun-
cil material shall require the approval of the warden or designee.
(f) Inmate advisory council representatives may, through designated
staff and with the approval of the wardens of both facilities, correspond
and exchange copies of meeting agenda and minutes with councils at oth-
er department facilities. The warden denying such exchanges shall pro-
vide the originating council chairperson with written reasons for the de-
nial.
(g) The inmate advisory council shall be provided, when available, ad-
equate facihties, equipment and supplies to carry out its approved acti\ i-
ties and functions.
(1) Each council shall be provided with the following:
(A) Office space and furniture.
(B) Access to a typewriter and duplicating equipment.
(C) Office supplies and stationery.
(D) Bulletin boards in locations frequented by the represented inmate
population.
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§3231
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(E) Copies of Notices of Change to Director's Rules, Administrative
Bulletins, and other nonconfidential directives and announcements
which concern the general inmate population.
(2) A means for distributing approved council materials to the general
inmate population shall be established. Wardens may permit such means
to include the use of facility publications and radio systems.
(3) The council shall obtain staffs authorization before using any re-
sources which were not specifically provided for the council.
(h) A staff person at the level of a program administrator or higher shall
be designated as the inmate advisory council coordinator.
(1) Facility Captains shall be directly involved in council activities
within their respective programs and may delegate specific aspects of su-
pervision, direction and responsibilities for council activities within their
unit to subordinate unit supervisors.
(2) Other staff may, as deemed necessary by the warden, be involved
with the council in resolving issues.
(3) The routine supervision and direction of council activities may be
delegated to staff at the level of a correctional lieutenant or higher.
(4) Correctional lieutenants and sergeants in charge of inmate living
areas on each watch shall work directly with council representatives on
issues and concerns resolvable at their level of authority.
(i) The warden or their designate shall meet with the inmate advisory
council representatives at least once each calendar month. Apart from the
warden's meeting, coordinators shall also meet with council representa-
tives at least once each calendar month.
(1) Proposed agenda items with a summary of the council's efforts to
resolve the items at a lower level shall be submitted by the council to the
warden and, when required by the coordinator, to the coordinator one
week prior to their scheduled meeting.
(2) Emergency issues may be brought to the attention of the warden
or coordinator without a prearranged agenda.
(3) The warden and staff delegated the authority to act on formal agen-
da items shall provide the council with a timely written response which
shall indicate what action (including any referral and no action) was tak-
en, the reasons for the action and, when appHcable, the manner and ap-
propriate time of implementing the action.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
2. Change without regulatory effect amending subsection (h)(1) filed 8-6-2001
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2001 ,
No. 32).
§ 3231. Special Inmate Committees.
An institution head may appoint committees of inmates or parolees
representative of the inmate or parolee population to perform special ser-
vices or act as a representative group for special purposes and under the
conditions specified in the appointment document. Such committees, un-
less composed exclusively of inmate advisory council representatives,
shall not be affiliated with a facility's inmate advisory council.
NOTE: Authority cited: Section 5058 and 6252, Penal Code. Reference: Section
5054, Penal Code.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Editorial correction of Note filed 8-16-82 (Register 82, No. 34).
3. Amendment filed 6-29-93; operafive 7-29-93 (Register 93, No. 27).
§ 3232. Inmate Participation in Committees.
Inmate participation as a council representative or special committee
member shall be voluntary. Each inmate who volunteers for such an as-
signment shall comply with all department and facility requirements
governing such participation.
History
1. Amendment filed 6-29-93; operafive 7-29-93 (Register 93, No. 27).
§ 3233. Inmate Leisure Time Activity Groups.
Institution heads may permit the formation of inmate leisure time ac-
tivity groups which promote educational, social, cultural and recreation-
al interests of participating inmates. Group activities which violate or ad-
vocate violating the law, regulations or local procedures are prohibited.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New secfion filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
§ 3234. Establishment of Inmate Leisure Time Activity
Groups.
(a) Each institution head shall provide for the formation of inmate lei-
sure time activity groups within the facility. No activity group shall be
formed or operated without the written approval of the institution head
or their designee.
(b) Inmates proposing to form an activity group shall submit a pro-
posed plan of operation for the institution head's or designee's approval.
The proposed plan of operation shall include the following:
( 1 ) The proposed naine of the group, which shall reflect the general na-
ture and interest of the group.
(2) The purpose of the group with an explanation of the expected bene-
fits to the inmate participants and to the facility, justifying the use of state
resources to accommodate the group.
(3) Membership criteria. Membership to an activity group shall not be
denied on the basis of an inmate's race, creed, color, age, national origin,
ancestry, gender, marital status, disabihty, religious or political affilia-
tion, sexual orientation, or on the inmate's inability or refusal to pay
membership fees, dues or donations to the group.
(4) Frequency and type of meetings.
(5) Limitations on number of members.
(6) Outside affiliations.
(7) Structure of the group's governing body.
(8) Provision for annual update of bylaws for the institution head's or
designee's approval.
(9) An agreement signed by an employee volunteer willing to serve as
the group's sponsor. Only a permanent full-time employee shall serve as
a group sponsor. Cosponsors may be required if the group cannot be con-
trolled by a single volunteer.
(c) When the institution head or designee approves a group' s proposed
plan of operation, the plan shall constitute the group's bylaws and shall
be so titled prior to distribution.
(1) Any change in bylaws shall require the institution head's or desig-
nee's written approval prior to implementation.
(2) Continuing operation of a group is contingent upon the institution
head's or designee's annual review and reapproval of the bylaws.
(d) No activity group shall meet unless the group' s sponsor or cospon-
sor is present for such meeting.
(e) Each approved group may be allowed one banquet per year subject
to security considerations, availability of facilities and resources, and the
group's ability to pay any additional costs incurred by the state.
(f) The institution head shall dispose of any undisbursed funds and
property of a disbanded activity group and in determining the method of
disposal shall consider all written requests by former group members and
other interested persons.
(1) Funds shall be disbursed by either of the following methods:
(A) Deposited into the inmate welfare fund account.
(B) Donated to a recognized charitable organization.
(2) Property shall be disposed of by any one or more of the following
methods:
(A) Placed on the inmate welfare fund property inventory.
(B) Donated to another inmate activity group.
(C) Sold to another inmate activity group. Proceeds of such sales shall
be deposited into the inmate welfare fund account.
(D) Donated to a recognized nonprofit organization.
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Title 15
Adult Institutions, Programs and Parole
§3241
(E) Used for facility needs.
(g) The bylaws for any approved group shall be accessible to all in-
mates in the facility. A copy shall be given to any requesting member of
the public.
NOTE: Authority cited: Sections 5058 and 6252, Penal Code. Reference: Section
5054. Penal Code.
History
1. New section filed 2-24-77; effective thirtieth day thereafter (Re sister 77. No.
9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82. No.
29).
3. Editorial correction of Noth filed 8-16-82 (Register 82, No. 34).
4. Repealer and new section heading, designation and amendment of subsection
(a), new subsections (b)-(f)(2)(E), and redesignation and amendment of former
subsection 3235(a) to new subsection (g) filed 10-13-94; operative 1 1-14-94
(Register94, No. 41).
§ 3235. Termination of an Inmate Leisure Time Activity
Group.
(a) The activities of a group may be temporarily suspended or termi-
nated by the official in charge of the facility, if either of the following
conditions exist:
(1) The group's activities threaten facility security or the safety of
staff, inmates or the public.
(2) The group is violating these regulations, local procedures or its ap-
proved bylaws.
(b) After review and evaluation of the reason for such action, the insti-
tution head shall either allow the group to continue or order termination
of the group.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 2-24-77; effecfive thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
3. Editorial correcUon of Note filed 8-16-82 (Register 82, No. 34).
4. Editorial correction of printing error in subsection (d)(1) (Register 92, No. 5).
5. Amendment for section heading, redesignation of former subsection (a) to sub-
section 3234(g), repealer of subsections (b)-(d)(3), redesignation and amend-
ment of subsections, and amendment of Note filed 10-13-94; operative
1 1-14-94 (Register 94, No. 41 ).
§ 3236. Attendance at Group Activities.
Attendance at a group's activities by inmates who are not members,
by members who are not inmates, or by guests or spectators may be per-
mitted if requested by the group's employee sponsor and approved by
the institution head or designee. The number of such persons permitted
to attend may be restricted for security reasons or if facility resources
cannot accommodate the additional attendance.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfion 5054. Penal
Code.
History
1 . Renumbering of former section 3236 to section 3237 and renumbering and
amendment of former section 3237 to secfion 3236 filed 10-13-94; operative
1 1-14-94 (Register 94, No. 41). For prior history, see Register 81, No. 3.
§ 3237. Inmate Membership in Outside Organizations.
(a) Inmates may obtain and retain membership in outside organiza-
tions and associations provided such membership does not threaten facil-
ity security or the safety of staff, inmates, or the public; and creates no
financial burden on the state.
(b) An inmate's membership in an outside organization shall not en-
title any member to conduct the organization's activities within a facihty,
or to inmate members in department or facility matters, except as specifi-
cally approved by the institution head or the director.
(c) Unless such an act would jeopardize facility security or safety of
persons, inmate members of outside organizations shall be permitted to
possess membership cards and to wear membership buttons and lapel
pins of such organizations. The official denying such items shall provide
the affected inmates with written notice of the reasons for the denial.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Renumbering of former section 3237 to section 3236 and renumbering and
amendment of former section 3236 to section 3237 filed 10-13-94; operative
1 1-14-94 (Register 94, No. 41 ). For prior history, see Register 82. No. 29.
Article 4. Inmate Fund Raising Campaigns
and the Inmate Welfare Fund
§ 3240. inmate Fund-Raising Campaigns.
(a) Institution heads may authorize for each approved inmate activity
group up to three campaigns annually for one or more of the following:
( 1 ) Generally recognized nonprofit charitable causes.
(2) Genera] fund-raisers.
(b) Each approved inmate group may raise funds by soliciting inmate
donations or selling approved products, commodities, or services to gen-
eral population inmates.
( 1 ) Only inmates shall be solicited for contributions unless the institu-
tion head approves solicitation of staff.
(2) Fund-raising activities shall be conducted only during inmate and
staff sponsor off-duty time.
(c) No form of coercion shall be used on any inmate or parolee to par-
ticipate in a campaign or fund-raiser, or to make a nonvoluntary dona-
tion.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 7-12-82; effective thirtieth day thereafter (Register 82, No.
29).
2. Amendment of article heading, section heading and text filed 10-1 3-94; opera-
five 1 1-14-94 (Register 94, No. 41).
§3240.1. Donations.
Inmates may with permission of the institution head make voluntary
donations from their trust account funds for any approved reason or
cause. Permission shall be denied if any of the following exist:
(a) There is evidence of coercion.
(b) The inmate's trust account balance is less than the amount of the
proposed donation.
(c) The inmate is mentally incompetent.
(d) The proposed amount of the donation is less than one dollar.
(e) The reason or cause advocated could jeopardize facility security or
the safety of persons.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Renumbering and amendment of former secfion 3241 to section 3240.1 filed
10-13-94; operafive 11-14-94 (Register 94, No. 41).
§ 3240.2. Inmate Welfare Fund Processing Fees.
(a) Ten percent shall be deducted from inmate donations for deposit
in the inmate welfare fund to offset trust office transaction processing
costs.
(b) Monies collected from sales of products, commodities, or services
shall be subject to the deduction based on gross sales.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. New secfion filed 10-13-94; operafive 1 1-14-94 (Register 94, No. 41 ).
§ 3241 . Donations.
NOTE; Authority cited; Secfion 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. Amendment filed 2-24-77; effecfive thirtieth day thereafter (Register 77. No.
9).
2. Amendment filed 7-12-82; effective ihinieth day thereafter (Register 82. No.
29).
3. Renumbering of former section 3241 to section 3240.1 filed 10-13-94; opera-
five 1 1-14-94 (Register 94, No. 41).
Page 179
Register 2006, No. 49; 12-8-2006
§3250
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Article 5. Institution Publications
§ 3250. Inmate Publications.
(a) As used in this article, an inmate publication means any journal,
magazine, bulletin, newsletter, newspaper, or other material published
by inmates.
(b) Inmates may participate in the publication and distribution of an
inmate publication only with the institution head's specific approval.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Repealer of section 3250 and renumbering and amendment of former section
3251 to section 3250 filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§ 3250.1. Material Prohibited from inmate Publications.
(a) Inmate publications shall not contain material the institution head
determines to be a threat to facility security or the safety of persons, or
deterimes that it:
(1) Offends any race, gender, nationality, religious faith, or sexual
preference.
(2) Is lewd, pornographic, sexually suggestive, libelous, has profane
or vulgar terminology, or otherwise is prohibited pursuant to section
3006.
(3) Attacks any individual.
(4) Serves as a conveyance for individual complaints or substitute for
the department's appeal process.
(b) The names or photographs of inmates or staff shall not be used
without the individual's written permission.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; In re Williams (1984) 1 59 C. A. 3d 600, 205 Cal.Rptr. 903\ Bailev\. Log^ins
(1982)32C.3d907. 187 Cal.Rptr. 575; D/t/ze/ a/, v. Watts {\m) 189Cal.App.3d
657, 234 Cal.Rptr. 334; and M///er v. California (1973) 413 U.S. 15, 93 S.Ct. 2607,
rehg. den 414 U.S. 881, 94 S.Ct. 26.
History
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
2. Amendment of subsections (a), (a)(2), (a)(4) and (b) filed 6-6-96; operative
6-6-96 pursuant to Government Code section 1 1 343 .4(d) ( Register 96, No. 23) .
§ 3250.2. Inmate Publication Disclaimer and Editing
Authority.
(a) Inmate publications shall include a disclaimer that the opinions ex-
pressed therein are the author's and do not necessarily represent the posi-
tion of the facility or department.
(b) The institution head shall designate an administrative editor and a
supervising editor who shall oversee the editorial correctness of the in-
mate publication and ensure compliance with relevant laws and regula-
tions.
(c) The administrative editor shall be at the level of an associate war-
den or assistant regional parole administrator, public information officer,
or administrative assistant.
(d) The supervising editor shall be an instructor in journalism or other
qualified employee appointed by the institution head and shall approve
or reject articles, illustrations, and layouts proposed for publication by
the inmates.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 6-23-93; operaUve 7-23-93 (Register 93, No. 26).
§ 3250.3. Resolution of Inmate Publication Editing
Disagreements.
Disagreements about language, content, or acceptability of a proposed
article or edition shall be resolved as follows:
(a) Any unresolved disagreement between the supervising editor and
inmate publication staff shall be referred to the administrative editor for
resolution. The administrative editor shall render a decision, which may
include reasonable editorial changes, within three working days.
(b) If unable to effect a satisfactory resolution, the administrative edi-
tor shall forward the material to the institution head who may either make
a decision or transmit the matter to the assistant director, communica-
tions, for a decision, within three working days of receipt of the disputed
material.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Section 5054. Penal
Code.
History
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§ 3250.4. Termination of an Inmate Publication.
The termination of any inmate pubhcation for other than the temporary
suspension of publication during a lockdown or other declared emergen-
cy shall require the director's approval.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 6-23-93; operative 7-23-93 (Register 93, No. 26).
§3251. Participation.
History
1 . Renumbering and amendment of former section 325 1 to section 3250 filed
6-23-93; operaUve 7-23-93 (Register 93, No. 26).
Subchapter 4. General Institution
Regulations
Article 1. Public Information and
Community Relations
§ 3260. Public Access to Facilities and Programs.
Correctional facilities and programs are operated at public expense for
the protection of society. The public has a right and a duty to know how
such facilities and programs are being conducted. It is the policy of the
department to make known to the public, through the news media,
through contact with public groups and individuals, and by making its
public records available for review by interested persons, all relevant in-
formation pertaining to operations of the department and facilities. How-
ever, due consideration will be given to all factors which might threaten
the safety of the facility in any way, or uimecessarily intrude upon the
personal privacy of inmates and staff. The public must be given a true and
accurate picture of department institutions and parole operations.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-1 7-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3260.1. Public Records Duplication Services.
The Department shall charge a requester a fee of 1 2 cents per page,
plus postage, to duplicate and mail a public record as defined in the
California Public Records Act, Government Code Sections 6250 et seq.
NOTE; Authority cited: Secfion 5058, Penal Code. Reference: Secfions 5054, Pe-
nal Code; and Section 6250 et seq.. Government Code.
History
1. New section filed 1-13-2003; operaUve 2-12-2003 (Register 2003, No. 3).
§ 3261 . Moviemakers, Broadcasters, Writers.
History
1. Renumbering and amendment of former section 3261 to secfion 3261.1 filed
12-19-91 as an emergency; operative 12-19-91 (Register92,No. 4). A Certifi-
cate of Compliance must be transmitted to OAL 4-17-92 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
Page 180
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3261.5
§ 3261 .1 . Media Access to Facilities.
(a) Media representative access to a department facility or contract fa-
cility shall require prior approval of the institution head. Editorial re-
searchers, free-lance writers without an outlet assignment verification,
authors of books, film makers, or other persons may be authorized access
to a facility only with approval of the institution head and assistant direc-
tor, communications.
( I ) Facilities, on-duty staff, inmates or records under control of the de-
partment shall not be used in conjunction with film making, radio or tele-
vision programs, or the writing of books, magazine articles or syndicated
stories without prior approval of the director.
(b) Within a facility, media representatives shall be under direct super-
vision of the facility or regional public information officer or their desig-
nee.
(c) Media representatives shall not enter security housing units, con-
demned units, the gas chamber, or any area currently affected by an emer-
gency situation without approval of the director or designate.
NOTK: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and sections 1798.20, 1798.30 and 1798.40-42, Civil Code.
History
1. Renumbering and amendment of former section 3261 to section 3261.1 filed
12-19-91 as an emergency; operative 12-19-91 (Register92, No. 4). A Certifi-
cate of Compliance must be transmitted to OAL 4-17-92 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
3. Editorial correction of Reference cite (Register 95, No. 14).
§ 3261 .2. Authorized Release of Information.
(a) Only an employee designated by the institution head shall inform
the media regarding a facility incident or newsworthy event.
(b) No person without written authorization of the affected individual
shall disclose the name or other identifying information of any person as
having Acquired Immune Deficiency Syndrome (AIDS) nor shall they
disclose any person' s blood test results to detect AIDS related antibodies.
(c) Information pertaining to a CYA ward shall not be released to the
media or the public, except as provided in section 3261.7(c)(3).
(d) Information derived from a person's Criminal Identification and
Investigations Report shall not be provided to the media.
(e) Including the limitations of (c) and (d) above, the only inmate or
parolee data which may be released to the media includes the inmate's
or parolee's;
(1) Name.
(2) Age.
(3) Birthplace.
(4) Place of previous residence.
(5) Commitment information obtained from their adult probation offi-
cer' s report.
(6) Facility assignments and behavior.
(7) General state of health.
(8) Cause of death.
(9) Nature of injury or critical illness (unless the condition is related
to the Acquired Immune Deficiency Syndrome).
(10) Sentencing and release actions.
(0 The only employee data which may be released to the media by oth-
er than the employee concerning their involvement in a facility incident
or newsworthy event includes:
( 1 ) Name.
(2) Civil service classification.
(3) Age.
(4) Work assignment.
(5) Length of service with the department and/or current division or
unit.
(6) Past work assignments.
(7) Role or function in a newsworthy event.
(g) Information endangering an employee or concerning an employee
who is a crime victim shall not be released to the media.
NOTE; Authority cited; Section 3058, Penal Code. Reference: Section 5054, Penal
Code; and sections 1798.20, 1798.30 and 1798.40-42, Civil Code.
History
1. New section filed 12-19-91 as an emergency; operative 12-19-91 {Register92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order u-ansmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3261 .3. Notifying Media of Escapes.
(a) In the event of an actual or suspected escape, the facility or regional
public information officer, or off-duty hours designee, shall notify radio
and television stations and newspapers in the surrounding communities
and the missing inmate's home community.
( 1 ) The missing inmate's physical description, estimated time of dis-
appearance and other pertinent details shall be provided.
(2) The media shall be informed of the facility's search efforts and
cooperation with local law enforcement agencies.
(b) When available, the missing inmate' s identification photograph or
short escape bulletin shall be furnished to the notified television stations
and newspapers. If a photograph or short escape bulletin are not available
for distribution, the media shall be informed that one is posted at the facil-
ity' s front entrance where they will be permitted to take a picture of it for
their use.
Note: Authority cited; Section 5058, Penal Code. Reference; Section 5054, Penal
Code.
History
1. New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92,
No. 4). A Certificate of Comphance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operadon of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3261 .4. Media Inquiries.
(a) Media inquiries shall be given high priority; facts shall be gathered
as quickly as possible and provided to the inquirer. If the requested facts
are not known or are otherwise available, the inquirer shall be so in-
formed and the reasons therefore.
(b) No information developed to answer a media person's inquiry nor
the fact that an inquiry was made shall be volunteered to another media
person.
NOTE: Authority cited; Secdon 5058, Penal Code. Reference; Secdon 5054, Penal
Code.
History
l.New secdon filed 12-19-91 as an emergency; operadve 12-19-91 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3261 .5. Routine Media Interviews.
(a) Media representatives may be permitted random face-to-face in-
terviews with inmates or pai'olees housed in facilities under the jurisdic-
tion of the department, and random or specific-person face-to-face in-
terviews with staff. Such interviews shall be conducted as stipulated by
the institution head, including restricting the time, place and duration of
interviews, and size of technical crews.
( 1 ) Random interviews of individuals involved in a specific activity or
program, or encountered while covering a facility activity or event shall
be limited to the time, areas and segments of the facility population desig-
nated by the institution head.
(2) Inmates may not participate in specific-person face-to-face inter-
views.
(b) Use of cameras or recording equipment shall require prior approval
of the institution head or designee.
(c) The media representatives or their organization may be required to
pay the security or escort costs provided for the interview.
(d) No inmate, parolee or staff shall be interviewed against their will.
(e) CDC Form 146 (Rev. 7/91), Inmate Declaration To News Media
Contact, .shall be completed whenever an inmate is the subject of a still,
motion picdjre or other recording intended for use by a television or radio
station, or newspaper, magazine or other publication.
Page 181
Register 2006, No. 49; 12-8-2006
§ 3261.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(f) One employee shall witness the inmate's signature on the com-
pleted CDC Form 146.
(g) Inmates under 18 years of age shall not be photographed, filmed
or video taped.
NOTIi: Authority cited: Section 5058, Penal Code. Reference: Sections 2601 and
5054, Penal Code, and Pell v. Prociimer. 94 S.Ct. 2800 (1974).
History
1 . New section filed 12-19-91 as an emergency: operative 12-19-91 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
3. Amendment of subsection (a), repealer and new subsection (a)(2), amendment
of subsection (d), repealer of subsection (e)(l ) and subsection relettering, new
subsection (f) and amendment of NoTC fded 4—8-96 as an emergency; operative
4-8-96 (Register 96, No. 1 5). Pursuant to Penal Code section 5058(e), a Certifi-
cate of Compliance must be transinitted to OAL by 9-1 5-96 or emergency lan-
guage will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-8-96 order transmitted to OAL 9-13-96 and
disapproved 10-28-96 (Register 96, No. 44).
5. Amendment of subsection (a), repealer and new subsection (a)(2), amendment
of subsecfion (d), repealer of subsection (e)(1) and subsection reletteiing, new
subsection (g) and amendment of Note filed 1 0-28-96 as an emergency; opera-
tive 10-28-96 (Register 96, No. 44). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transmitted to OAL by 4-6-97 or emergen-
cy language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1 0-28-96 order transmitted to OAL 3-3-97 and
filed 4-14-97 (Register 97. No. 16).
§ 3261.6. Seriously or Terminally Hi Inmate Media
Interviews.
(a) Media interviews shall not be permitted with an inmate suffering
from a mental illness when, in the opinion of a psychiatrist or psycholo-
gist, the inmate is not capable of giving informed consent or their condi-
tion may be worsened by such an interview.
(b) Controlled access may be permitted to seriously or terminally ill
patients and their housing areas. Random interviews in such unit shall be
closely monitored and shall be terminated if a majority of the unit's in-
mates object.
(c) No more than two visits per calendar month to a unit housing seri-
ously or terminally ill inmates shall be allowed. Visits shall be on a first-
come, first-served basis with a waifing list to be maintained by the facil-
ity's public information officer. A "pool" of no more than ten media
persons per visit shall be permitted.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code; and Sections 1798.41 and 1798.42, Civil Code.
History
1 . New section filed 1 2-1 9-9 1 as an emergency; operative 1 2-19-9 1 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operafion of law on the following day.
2. Certificate of Coinpliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3261.7. Cameras and Other Audio or Visual Recording
Devices.
(a) Staff cannot prohibit a person who is not on facility property from
photographing, filming, video taping or otherwise recording any depart-
ment facilities, employees, inmates, parolees or equipment.
(b) Persons are prohibited from interrupfing, interfering or communi-
cating with an inmate being transported or working off facility grounds
without prior authorizafion of the staff person in charge or institution
heard.
(c) Photographs, films or video tapes for other than department pur-
poses which reveal an inmate's idenfity may be taken within a facility
subject to the following conditions:
( 1 ) A CDC Form 146 shall be completed for each inmate before a pho-
tograph, film or video tape identifying the inmate may be taken.
(2) An inmate's consent is not required where individuals in such set-
tings as an exercise yard or dining hall are not singled out or where the
inmate's idenfity is not revealed; however, before such shots are taken,
inmates shall be advised so those who do not want to be recognized may
turn away or leave the area.
(3) Photographs, films or video tapes revealing the idenfity of an in-
mate committed to the California Youth Authority (CYA) shall not be
made available other than for official purposes such as an escape.
(d) Unless there is a specified threat of imminent danger to an inmate
or parolee by releasing their photograph, media representatives shall be
permitted access to identification photographs without the inmate's or
parolee's con.sent.
(1) Media representafives shall pay for the facility's cost to provide
such requested photographs.
(2) Current photographs of escaped inmates and parolees at large shall
be provided without charge.
(e) Possession of any camera or other recording device within a facility
is prohibited unless specifically authorized by the institufion head.
(f) No camera or other recording device shall be permitted within the
execution chainber area.
(1 ) Photographs or any other audio or visual recordings of an execu-
tion are prohibited.
(2) Media photography, filming or video taping of the execution
chamber is prohibited; however, stock department photographs and vid-
eo tapes of the area are available upon request.
(g) Before photographers and camera operators enter a facility, they
shall be informed of any restricfions, including that photographs or re-
cordings are prohibited of: persons without their consent; and proce-
dures, equipment or stnictures which will comprise security.
(h) Any photographs, film, video tape or other recording taken within
facilities in violafion of these regulations shall be seized and placed un-
damaged, undeveloped and unviewed in a secure area. The media repre-
sentative' s supplies and equipment shall not be dainaged.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 4570,
4570.1 and 5054, Penal Code.
History
1 . New section filed 12-19-91 as an emergency; operative 12-19-91 (Register92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3262. Public Events.
Visitors may be permitted to attend athlefic games and other types of
entertainment held at facilifies only under condifions that will not jeopar-
dize facility security and the visitor's safety. Visitor attendance shall be
by invitafion only. Attendance of visitors shall not deprive inmates of at-
tendance or adequate seating at such events. Admission fees shall not be
charged.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
History
1. Amendment of section filed 12-19-91 as an emergency; operafive 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-1 7-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3263. Group Visits.
Visits to a facility by interested groups may be permitted under condi-
fions not jeopardizing facility security or the safety of persons. Visitors
shall be escorted through the facility as specified by the insfitution head.
Tours shall be conducted in a manner avoiding embarrassment of in-
mates or visitors, and disrupfion of normal acfivifies.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of section filed 12-18-91 as an emergency; operafive 12-18-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-16-92 or emergency language will be repealed by operafion of law on the fol-
lowing day.
2. Editorial correction of prinring error (Register 92, No. 4).
3. Editorial correction of printing error (Register 92, No. 5).
4. Certificate of Compliance as to 12-18-91 order transmitted to OAL 4-15-92
and filed 5-26-92 (Register 92, No. 22).
Page 182
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3268
§ 3264. Employee Guests.
Employees requesting to bring visitors into a facility shall first obtain
authorization from the institution head.
NOTi:: Authority cited: Section 5058. Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-17-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3265. Arts and Crafts Exhibits.
(a) The public may be permitted to attend displays of inmate-made ar-
ticles provided:
( 1 ) Facility security shall not be jeopardized.
(2) Adequate facilities and staff are available to control against unau-
thorized visiting and introduction of contraband.
(3) The activity does not interfere with the normal facility operation.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment of section filed 12-19-91 as an emergency; operative 12-19-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4- 1 7-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 12-19-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 24).
§ 3266. Inmate Contacts with the Public.
Inmates shall not initiate any personal contact with the public except
as specifically authorized. This does not preclude an inmate's courteous
and appropriate response when contact is initiated by a member of the
public.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 4570 and
5054, Penal Code.
History
1 . Renumbering of former section 3072 to new section 3266, including amend-
ment of section heading and text, and new Note filed 10-27-93; operative
1 1-26-93 (Register 93, No. 44).
§ 3267. Access of Public Officials to Facilities.
(a) A public official, except as provided in (b) below, of another gov-
ernmental department or agency who needs to interview staff or inmates
or to conduct an inspection shall request permission of the institution
head at least 24 hours before the date and time of their desired arrival,
stating the purpose of the proposed visit. Upon their arrival, the official's
access shall be subject to the following requirements:
( 1 ) The official shall be required to produce their picture identification
and consent to a search.
(2) The official shall be escorted by staff at all times within the facil-
ity's security area.
(3) Any equipment required by the official shall be searched and under
the control of staff while it is within the facility's security area.
(b) An elected state official's access may be denied only during an
emergency with the director's approval. Access by the guests or staff of
such officials may be denied when they have not been previously ap-
proved by the institution head.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 1 1-5-92; operadve 12-7-92 (Register 92, No. 45).
Article 1.5. Use of Force and Restraining
Devices.
§ 3268. Use of Force.
The purpose of this Section is to set forth Department of Corrections
policy governing the use of force. The policy has its foundation in Cali-
fornia Penal Code statutes and relevant case decisions.
(a) Definitions.
( 1 ) Reasonable Force:
The force that an objective, trained and competent correctional em-
ployee, faced with similar facts and circumstances, would consider nec-
essary and reasonable to subdue an attacker, overcome resistance, effect
custody, or gain compliance with a lawful order.
(2) Unnecessary Force:
The use of force when none is required or appropriate.
(3) Excessive Force:
The use of more force than is objectively reasonable to accomplish a
lawful purpose.
(4) Non-Deadly Force:
Any use of force that is not likely to result in death.
(5) Deadly Force:
Any use of force that is likely to result in death.
(6) Use of Force Opfions:
(A) The choices available to an employee when selecting a reasonable
force option.
(B) The choices include, but are not necessarily limited to: verbal per-
suasion or orders; physical strength and holds; chemical agents and/or
other immobilization devices; handheld batons; less-lethal weapons or
firearms.
(1.) For the purposes of this secfion, a "less-lethal weapon" includes
the 37 mm launcher and any other weapon when used to fire less-lethal
projectiles.
(2.) For the purposes of this secfion, a "firearm" is a weapon used to
fire lethal projectiles.
(b) It is the policy of the Department of Correcfions to accomplish the
custodial and correctional funcfions with minimal reliance on the use of
force. Employees may use reasonable force as required in the perform-
ance of their dudes, but unnecessary or excessive force shall not be used.
(c) The Department of Corrections recognizes the sancdty of human
life. Therefore, deadly force will only be used when it is the reasonable
force, as defined in Secfion 3268(a)(1), and is needed to:
( 1 ) Defend the employee or other persons from an immediate threat of
death or great bodily injury.
(A) For the purposes of this section, "great bodily injury" means an in-
jury that creates a substanfial risk of death.
(2) Prevent an escape from custody.
(3) Stop acts such as riots or arson that consfitute an immediate jeopar-
dy to insfitufional security and, because of their magnitude, are likely to
result in escapes or the death of other persons.
(4) Dispose of seriously injured or dangerous animals when no other
disposifion is practical.
(d) A firearm shall not be discharged if there is reason to believe that
persons other than the intended target will be injured.
(e) Firearms may be discharged as a warning only in an institutional/
facility setting and only when deadly force is permitted under Section
3268(c).
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1 96, 835a,
2651, 2652 and 5054, Penal Code; and Section 50, Civil Code; Wliitlev v. Alhcrs
(1985) 475 U.S. 312, 106 S.Ct. 1078.
History
1. New article 1.5 (sections 3268-3268.2) and section filed 3-12-99 as an emer-
gency; operative 4-1-99 (Register 99, No. 1 1). A Certificate of Compliance
must be transmitted to OAL by 9-8-99 or emergency language will be repealed
by operation of law on the following day pursuant to Penal Code section
5058(e)(1).
Page 183
Register 2008, No. 12; 3-21 -2008
§ 3268.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Editorial con-ection of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order, including amendment of first
paracraph. transmitted to OAL 9-8-99 and filed 10-20-99 (Register 99, No.
43).^
§ 3268.1 . Reporting and Investigating the Use of Force.
(a) Reporting Non-Deadly Force
( 1 ) An employee who uses or observes non-deadly force greater than
verbal persuasion to overcome resistance or gain compliance with an or-
der shall document that fact. The document shall identify any witnesses
to the incident and describe the circumstances giving rise to the use of
force, and the nature and extent of the force used. The employee shall
provide the document to his or her immediate supervisor.
(2) The employee's immediate supervisor shall review the document
to ensure that it is adequately prepared and to reach a judgment concern-
ing the appropriateness of the force used. The supervisor shall document
his or her conclusions and forward them with the employee's document
through the designated chain of command, to the institution head for ap-
proval or follow-up action.
(b) Reporting Deadly Force.
( 1) An employee who uses deadly force, whether on or off duty, shall
ensure that a supervisory employee is notified of the incident without
delay.
(2) The supervisor shall ensure that the chain of command is notified
and all necessary health and safety, medical and security measures are
initiated. If the incident is in an institution/facility, the supervisor shall
go to the location and ensure that the scene is protected.
(3) The Assistant Director, Office of Internal Affairs, or designee shall
designate an employee to be in charge of the investigation. The employee
shall go to and take charge of the scene. The employee shall assemble the
appropriate investigative staff and ensure that all necessary investigative
procedures and coordination with affected law enforcement entities are
accomplished. The product of the investigation will be a report to the Di-
rector with conclusions concerning the extent to which the use of force
did or did not comply with the law. However, when the deadly force is
used in the community, local law enforcement shall take charge of the
scene.
(4) A Deadly Force Review Board (DFRB) shall be convened as soon
as possible after the investigation is completed.
(A) The Director or designee shall designate the members of the
DFRB.
(B) The DFRB shall be composed of at least four members. Three shall
be non-departmental law enforcement professionals. One shall be either
a Regional Administrator or a Regional Parole Administrator outside the
region or jurisdiction where the deadly force was used. Additional mem-
bers may be designated by the Director or designee.
(C) The DFRB shall examine all aspects of the incident to determine
the extent to which the use of force complied with departmental policies
and procedures, and to determine the need for policy, training and/or
equipment modifications. The DFRB shall report its findings, in writing,
to the Director for approval or follow-up action.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a,
2651, 2652 and 5054, Penal Code; and Secfion 50, Civil Code.
History
1. New section filed 3-12-99 as an emergency; operative 4-1-99 (Register 99,
No. 11). A Certificate of Compliance must be transmitted to OAL by 9-8-99
or emergency language will be repealed by operation of law on the following
day pursuant to Penal Code section 5058(e)(1).
2. Editorial correction of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order, including amendment of subsec-
tions (a)(1) and (b)(2), transmitted to OAL 9-8-99 and filed 10-20-99 (Regis-
ter 99, No. 43).
§ 3268.2. Use of Restraints.
(a) Mechanical means of physical restraint may be used only under the
following circumstances:
(1) When transporting a person between locations.
(2) When a person's history, present behavior, apparent einotional
state, or other conditions present a reasonable likelihood that he or she
may become violent or attempt to escape.
(3) When directed by medical staff, to prevent a person from attempt-
ing suicide or inflicting injury to himself or herself.
(b) Mechanical restraints shall not be:
(1) Used as punishment.
(2) Placed around a person's neck.
(3) Applied in a way likely to cause undue physical discomfort or re-
strict blood flow or breathing, e.g., hog-tying.
(4) Used to secure a person to a fixed object except, as a temporary
emergency measure. However, a person who is being transported shall
not be locked in any manner to any part of the transporting vehicle.
(5) Placed on an inmate during labor, including during transport to a
hospital, during delivery, and while in recovery after giving birth, unless
circumstances exist that require the immediate apphcation of mechanical
restraints to avoid the imminent threat of death, escape, or great bodily
injury, and only for the period during which such threat exists.
(c) When mechanical restraint is required, handcuffs, alone or at-
tached to a waist chain, will be the means of restraint normally used.
However, additional mechanical restraint, including leg irons, additional
chains, straight jackets, leather cuffs, or other specialized restraint equip-
ment may be used when the circumstances indicate the need for the level
of control that such devices will provide.
(d) Use of mechanical restraints on inmates confirmed, or suspected
by health care staff to be pregnant shall be subject to the following re-
quirements:
(1) No leg restraints or waist chains shall be applied.
(2) If handcuffs are applied, the inmate's arms shall be brought to the
front of her body for application.
(3) When transporting a pregnant inmate off grounds, the application
of restraint gear shall be restricted to handcuffs to the front of the inmate
only. If the pregnant inmate is in labor, the rules provided in subsection
3268.2(b)(5) shall also be foUowed.
(e) Use of restraint equipment by direction of medical staff shall be ful-
ly documented in the institution medical file of the restrained inmate.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 196, 835a,
2650, 2651, 2652, 2652.5, 3423, 5007.7 and 5054, Penal Code.
History
1. Renumbering of former section 3280 to new section 3268.2, including amend-
ment of section heading, secfion and Note, filed 3-1 2-99 as an emergency; op-
erative 4-1-99 (Register 99, No. 11). A Certificate of Compliance must be
transmitted to OAL by 9-8-99 or emergency language will be repealed by oper-
ation of law on the following day pursuant to Penal Code secfion 5058(e)(1).
2. Editorial correcfion of History 1 (Register 99, No. 24).
3. Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
4. New subsecfions (b)(5) and (d)(l)-(3), subsection relettering and amendment
of Note filed 3-6-2008; operative 4-5-2008 (Register 2008, No. 10).
Article 1.6. Inmate Housing
§ 3269. Inmate Housing Assignments.
Inmates shall accept Inmate Housing Assignments (IHAs) as directed
by staff. It is the expectation that all inmates double cell, whether being
housed in a Reception Center, General Population (GP), an Administra-
tive Segregation Unit (ASU), a Security Housing Unit (SHU), or special-
ty housing unit. If staff determines an inmate is suitable for double cel-
ling, based on the criteria as set forth in this section, the inmate shall
accept the housing assignment or be subject to discipUnary action for re-
fusing. IHAs shall be made on the basis of available documentation and
individual case factors. Inmates are not entitled to single cell assignment,
housing location of choice, or to a cellmate of their choice.
(a) Upon arrival at an institution, facility, or program reception center,
a designated custody supervisor shall screen an inmate for an appropriate
housing assignment. The screening authority involved in the review and
approval of an inmate's housing assignment must evaluate all factors to
be considered, including but not Hmited to:
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Adult Institutions, Programs and Parole
§ 3269.1
• Length of sentence.
• Enemies and victimization history.
• Criminal iniluence demonstrated over other inmates.
• Reason(s) for prior segregation.
• History of "S" suffix determination pursuant to CCR subsection
3371.1(c).
• History of in-cell assaults and/or violence.
• Prison gang or disruptive group affiliation and/or association.
• Nature of commitment offense.
• Documented reports from prior cellmate(s) that the inmate intimi-
dated, threatened, forced, and/or harassed him or her for sex.
• Documentation that the cellmate(s) refused to return to a cell occu-
pied by the inmate because of fear, threats, or abuse perpetrated by
the inmate.
• Documentation that the inmate has been the victim of a sexual as-
sault.
• Adjudicated Department Rules Violations Reports (RVR) where
the inmate was found guilty as a perpetrator in an act of physical
abuse, sexual abuse, sodomy, or other act of force against a cell-
mate.
(b) The screening authority shall complete a CDCR Form 1882 (rev.
2/07), Initial Housing Review, stating if the inmate is suitable for dorm/
cell housing with or without special restrictions. Restrictions are any case
factors which may hmit the inmate's housing placement options such as,
but not Hmited to:
• Security issues including ASU and SHU placement.
• Request for Protective Custody.
• Medical or mental health issues.
• Integrated Housing Code.
Staff shall ensure that the housing policies regarding special category
inmates covered under specific litigation remain in place during the
housing assignment.
(c) Upon placement in an ASU or SHU, inmates shall be screened for
an appropriate cell assignment using the same criteria as inmates being
screened for housing in the general population. The reason for ASU or
SHU placement shall also be taken into consideration.
Based on available information and the inmate interview, the screen-
ing authority shall determine if the inmate is suitable for single or double
celled housing, and shall complete a CDC Form 1 14-Al (rev. 10/98), In-
mate Segregation Profile. Unless approved for single cell assignment, an
inmate in ASU or SHU is expected to share a cell with another inmate.
(d) Single cell status shall be considered for those inmates who demon-
strate a history of in-cell abuse, significant in-cell violence towards a
cell partner, verification of predatory behavior towards a cell partner, or
who have been victimized in-cell by another inmate. Staff shall consider
the inmate's pattern of behavior, not just an isolated incident. An act of
mutual combat in itself does not warrant single cell status. The following
factors must be considered when evaluating single cell status, noting
these factors are not exclusive of other considerations:
(1) Predatory behavior is characterized by aggressive, repeated at-
tempts to physically or sexually abuse another inmate.
(2) Documented and verified instances of being a victim of in-cell
physical or sexual abuse by another inmate.
(e) Should the screening authority determine that single cell designa-
tion is appropriate, the inmate' s case factors shall be reviewed by a classi-
fication committee for determination of appropriate housing and desig-
nation for an "S" suffix. A classification committee may consider
whether an inmate with single cell designation has since proven capable
of being double-celled.
(f) In cases where single cell status is recommended by clinical staff
due to mental health or medical concerns, a classification committee
shall make the final determination of an inmate's cell assignment. The
classification committee shall consider the clinical recommendations
made by the evaluating ciim'cfan with assistance from the clinician who
participates in the committee and review the inmate's case factors when
determining the housing assignment. Single cell status based upon clini-
cal recommendation is usually a temporary short-term measure and must
be periodically reviewed, minimally at an inmates annual review or more
frequently at the inmates/clinicians request.
(g) If an inmate refuses to be housed as determined to be appropriate
to this section, the inmate shall be subject to the disciplinary process, with
the potential to be housed in alternative and more restrictive housing. Re-
fusal to participate will result in the issuance of a Rules Violation Report
(RVR) for Conduct, subsection 3005(c), Refusing to Accept Assigned
Housing, for the Specific Act of Willfully Resisting, Delaying, or Ob-
stmcting any Peace Officer in the performance of Duty (CCR subsection
3323(f)(6)). Subsequent acts of the above listed offense will result in the
issuance of additional disciplinary reports and consideration for place-
ment in more restrictive housing such as an ASU or a SHU.
Note: Authority cited: Section 5058. Penal Code. Reference: 5054, Penal Code.
History
1. New section filed 3-18-2008 as an emersency; operative 3-18-2008 (Register
2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 8-25-2008 or emergency language will
be repealed by operation of law on the following day.
§ 3269.1 . Integrated Housing.
An inmate's race will not be. used as a primary determining factor in
housing an institution's inmate population. Inmate housing assignments
shall be made on the basis of available documentation and individual
case factors to implement an Integrated Housing Policy (IHP). Individual
case factors include, but are not limited to, such factors as:
(1) History of racial violence.
(2) Commitment offense/time to serve.
(3) Classification score.
(4) Custody level.
(5) Education.
(6) Disciplinary history.
The IHP is set forth in these regulations. Housing assignments will be
determined in a manner that will ensure that the safety, security, treat-
ment, and rehabilitative needs of the inmate are considered, as well as the
safety and security of the public, staff and institutions. Upon adoption of
these regulations in 2007, the department will begin to update a computer
tracking system to include the assignment of an Integrated Housing Code
(IHC) as set forth in subsection (b) that will be used to identify each in-
mate's ability to integrate. On January 1, 2008, actual implementation of
the IHP will commence at designated facilities. On January 1 , 2009, the
IHP will begin to be implemented at all remaining institutions.
(a) The department's housing protocol will require male inmates to be
housed in an appropriate bed, based on each inmate's Integrated Housing
Code (IHC) and/or individual case factors. The department will utilize
a computer tracking system to idendfy, track, and monitor an inmate's
eligibility to integrate when being housed.
(b) Based on a review of an inmate's individual case factors and a per-
sonal interview with an inmate, an IHC will be assigned. The appropri-
ateness of an inmate's IHC will be assessed at least at an inmate's Annual
Review, or as case factors may change, and adjusted as necessary. An
IHC that may be assigned are detailed as follows:
(1) RE, Racially Eligible. An inmate that has not been a victim or per-
petrator of a racially motivated crime and can live with members of any
race. It is the expectation of the department that all inmates will be coded
RE, unless certain case factors dictate otherwise.
(2) RP, Restricted Partially. An inmate that may be considered ineligi-
ble to live with inmates of a particular race. Ineligibility to live with
someone of another race could be based on a racially motivated incident,
where racial beliefs or attitudes were the cause of the incident.
(3) RO, Restricted to Own (Race). An inmate that has been the victim
and/or perpetrator of a racially motivated crime. Inmates who are coded
RO Restricted to Own will not be precluded from integration in other as-
pects of institutional operation, such as a school or work assignment. In-
mates coded as RO are not precluded from racially integrated housing for
the entire duration of their sentence.
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§3270
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) RT, Restricted Temporarily by Custody. Inmates with insufficient
information or documentation for the designated custody supervisor to
make an objective determination shall be coded RT for Restricted Tem-
porarily Restricted by Custody. This code may be used when conflicting
information arrives with the inmate or when questionable statements or
behavior by the inmate are observed that are not consistent with the in-
mate's claim of eligibility.
(5) RR, Restricted by Refusal. Inmate is otherwise eligible for inte-
grated housing but refuses to participate. Refusal to accept an integrated
housing assignment, when all available documentation and information
does not preclude such, shall result in disciplinary action with the poten-
tial to be housed in alternative and more restrictive housing, such as an
Administrative Segregation Unit (ASU) or a Security Housing Unit
(SHU).
(c) Inmates arriving in a facility Receiving and Release will be inter-
viewed in accordance with the established process for intake. The desig-
nated custody supervisor will use the information provided during the in-
terview as well as the supporting documents received to determine the
inmate's eligibility for an integrated housing assignment.
(d) New arrivals at a facility or inmates who require a bed assignment
change will be housed in the first available and appropriate bed, taking
into consideration all relevant case factors. Staff will also consider other
available information that would indicate or present an immediate risk or
safety concern for the inmate such as, but not limited to:
( 1 ) Security issues including ASU placement.
(2) SHU.
(3) Request for Protective Custody.
(4) Prison gang or disruptive group affiliation or association.
(5) Medical or mental health issues.
(6) Length of term.
(7) Height, weight, and age.
Staff will continue to ensure that current housing policies regarding
special category inmates covered under specific litigation remain in
place during the housing process.
(e) If an inmate refuses to be housed in appropriately determined hous-
ing, he shall be subject to the disciplinary process, with the potential to
be housed in alternative and more restrictive housing. Refusal to partici-
pate will result in the issuance of a Rules Violation Report (RVR) for
Conduct, section 3005(c), Obeying Orders, for the Specific Act of Will-
fully Resisting, Delaying, or Obstructing any Peace Officer in the Perfor-
mance of Duty (CCR subsection 3323(f)(6)), and shall be considered af-
ter the first RVR for placement in more restrictive housing such as an
ASU or a SHU. At any time during this process the inmate may elect to
participate in the IHP.
(f) Disciplinary restrictions will be applied as a result of a disciplinary
process where inmates are afforded due process. The suspension of privi-
leges based on a finding of guilt in a disciplinary hearing shall be assessed
as set for the in CCR subsections 3315(f)(5)(M)l. and (M)2.
(g) In the event that facility management determines that a temporary
suspension of assignments within a unit to integrated beds is warranted,
the Warden or designee shall request approval from their mission based
Associate Director for a temporary suspension of integrated housing as-
signments consistent with the lockdown and modified program. Regular
housing assignment procedures shall be resumed in accordance with the
Integrated Housing policy upon resolution of the incident.
Note: Authority cited: Section 5058, Penal Code. Reference: 5054. Penal Code:
Johmon v. California (2005) 543 U.S. 499 [125 S. Ct. 11 41], remand oUnlnisori
V. California, (9th Cir. 2007) [Dock. No. CV 95-11 92 CBM(BQR)].
History
1. New article 1.6 (section 3269.1) and section filed 12-28-2007: operative
12-28-2007 pursuant to Government Code section 11343.4 (Resister 2007,
No. 52).
Article 2. Security
§ 3270. General Policy.
The primary objectives of the correctional institutions are to protect
the public by safely keeping persons committed to the custody of the Di-
rector of Corrections, and to afford such persons with every reasonable
opportunity and encouragement to participate in rehabilitative activities.
Consistent effort will be made to insure the security of the institution and
the effectiveness of the treatment programs within the framework of se-
curity and safety. Each employee must be trained to understand how
physical facilities, degree of custody classification, personnel, and op-
erative procedures affect the maintenance of inmate custody and securi-
ty. The requirement of custodial security and of staff, inmate and public
safety must take precedence over all other considerations in the operation
of all the programs and activities of the institutions of the department.
Comment: Former DP-4201, policy, general.
§ 3270.1 . Lethal Electrified Fences.
(a) For the purposes of this section, a lethal electrified fence is a high
voltage fence installed for the lethal infliction of injury to escaping in-
mates.
(b) Safety precautions shall be instituted to prevent accidental electro-
cution. These precautions shall include, but are not limited to, the follow-
ing:
(1) The posting of warning signs on the inner and outer perimeters of
the facility informing staff, inmates, and the public of the presence of a
lethal electrified fence.
(2) A visual inspection of the lethal electrified fence area at least once
per shift.
(3) Regular inspections by an outside patrol of the perimeter areas.
(4) The presence of a staff person trained in energizing and deenergiz-
ing the fence prior to any authorized person entering the lethal electrified
fence area.
(5) Inspections of lethal electrified fences as specified by a routine
maintenance schedule.
[The next page is 1 85.]
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Title 15
Adult Institutions, Programs and Parole
§3276
•
(6) The insulation of lethal electrified fences between two security
fences.
NOTH: Authority cited: Section 5058, Penal Code. Reference: Sections 2052 and
5054, Penal Code.
History
1 . New section filed 1 2-1 5-93 as an emergency; operative 1 2- 1 5-93 (Register 93,
No. 51). A Certificate of Compliance must be transmitted to OAL by 4-25-94
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 4-15-94 as an emergency; operative 4-25-94 (Register 94,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-2.3-94
or emergency language will be repealed by operation of law on the following
day.
3. Repealed by operation of Government Code section 1 1346.1(g) (Register 94,
No. 37).
4. New section, including amendments, refiled 9-1 5-94; operative 9-1 5-94 (Reg-
ister 94, No. 37).
§ 3271 . Responsibility of Employees.
Every employee, regardless of his or her assignment, is responsible for
the safe custody of the inmates confined in the institutions of the depart-
ment.
Comment: Former DP-4202, responsibility of employees.
§ 3272. Custody Classification.
The classification committee at each institution must assign a custo-
dial classification to each inmate, in accordance with the custodial classi-
fications prescribed by the department. The senior custodial officer on
duty may temporarily increase the custodial classification of an inmate
at any time he or she believes such action is necessary to protect the secu-
rity and good order of the institution. Such action is subject to classifica-
tion committee review at the next regular meeting. Any reduction of an
inmate's custody classification must be by classification committee ac-
tion.
Comment: Former DP-4203, custody classification.
§ 3273. Acceptance and Surrender of Custody.
Wardens and superintendents must not accept or surrender custody of
any prisoner under any circumstances, except by valid court order or oth-
er due process of law.
Comment: Former DP-4204, acceptance and surrender of custody.
§ 3274. Inmate Count and Movement.
(a) Inmate count. Every insfitution head shall maintain a system to ac-
count at all times for inmates under their jurisdiction. A physical count
of all inmates shall be taken at least four times during each calendar day
unless otherwise authorized in writing by the director. No inmate activity
shall be scheduled at a fime which would disrupt a facility count.
( 1 ) Standing count. At least one daily count shall be a standing count
wherein inmates shall stand at their cell door or, in a dormitory, shall sit
on their assigned bed during the designated count time.
(2) Emergency count. If staff determines an inmate may be missing,
an emergency count shall be conducted to determine whether an escape
has occurred and, if so, the identity of the escapee. When an emergency
count is announced, inmates shall return to their assigned housing, except
in a medical emergency or other exception specifically authorized by the
official in charge.
(b) Inmate movement. Each facility shall establish a schedule of rou-
fine inmate movement to and from the facility's acfivities and assign-
ments such as work and educadon, and the gym or exercise yard.
(1) Appointments. A CDC Form 129 (Rev. 7/88), Inmate Pass, shall
be issued to an inmate approved for movement to a scheduled non-rou-
tine appointment. Medical service and case work appointments shall not
be scheduled during an inmate's work or program hours unless an inmate
cannot otherwise obtain the service or case work.
(2) Unscheduled movement. If unscheduled movement of an inmate
is necessary, such movement shall not take place unless the inmate is es-
corted by staff, or a pass has been issued by staff authorizing the move-
ment.
(3) Routine movement. A gate pass shall be maintained for each in-
mate assigned to work outside a facility's security area. The gate pass
shall:
(A) Not be handled by any inmate.
(B) Include the inmate's identification photo, name, CDC number,
housing assignment, custody designation, assignment requiring the gale
pass, effective date of the pass, times the inmate is authorized to pass
through the gate, and the signature of a facility official authorized to ap-
prove gate passes.
(C) Be rescinded by staff at the level of correctional lieutenant or high-
er, pending a classification committee review whenever:
1. A hold or detainer against an inmate's release, or notice thereof, is
received by the facility.
2. Staff determines from the inmate's behavior that the inmate may re-
quire increased supervision.
3. Staff receives information indicating an inmate's increased escape
potenfial.
(c) Lockdown. Facility procedures governing the restriction of inmate
movement during a lockdown shall be established and updated daily dur-
ing any lockdown.
(d) Limited visibility. When visibility at a facility is severely restricted
or a state of emergency is declared, inmates shall be confined to their
housing units, except as otherwise authorized by the official in charge.
In such circumstances, all inmate movement shall be under the direct and
constant supervision of staff.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2079 and
5054, Penal Code.
History
1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No.
31).
2. Amendment of section filed 12-20-91 as an emergency; operative 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-20-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-17-92
and filed 6-1-92 (Register 92, No. 23).
§ 3275. Weapons.
(a) Only such weaponry as has been approved by the director for de-
partment-wide use, or for use only by designated jurisdictions of the de-
partment, shall be issued/assigned to an employee or carried/used by an
employee while on duty. For the purpose of this section, weaponry in-
cludes any offensive or defensive lethal or less lethal device. Employees
assigned to facilities or work locations where inmates/parolees are lo-
cated, or in the supervision of inmates/parolees in the community, shall
not have accessible, carry or use any privately owned weaponry while on
duty, except as authorized by the director.
(b) No weaponry of any kind shall be taken into the security areas of
an institufion where inmates/parolees are located except for emergency
use as ordered by the official in charge, or for use in regularly armed posts
as prescribed in local procedures or post orders.
(c) All necessary precautions shall be taken in the storage, use and
movement of weaponry to prevent it from falling into the hands of in-
mates, parolees or other unauthorized persons.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 803.5.
5054, 4574, Penal Code.
History
1. Amendment filed 9-24-81; effective thirtieth day thereafter (Register 81, No.
39).
2. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95. No.
1). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emer-
gency language will be repealed by operation of law on the following day.
3. Amendment of subsection (a) filed 3-28-95 as an emergency; operative
3-28-95 for 160 days pursuant to Penal Code § 5058(e) (Register 95. No. 1 3).
A Certificate of Compliance must be transmitted to OAL by 9^^95 or emer-
gency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to orders of 1-3-95 and .3-28-95 including amend-
ment of subsection (a) and Note transmitted to OAL 6-12-95 and filed
7-24-95 (Register 95, No. 30).
§ 3276. Firearms.
(a) Only peace officers who have safisfactorily completed firearms
training and who are currently qualified in the firing of departmental fire-
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§3277
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
arms shall be assigned to armed posts or otherwise be authorized to pos-
sess, cany or use a departmental firearm. Exceptions are only authorized
in extreme emergencies when peace officers are not available in suffi-
cient numbers or in time to stop or control a situation which warrants the
immediate use of force, as described in section 3268.
(b) An employee appointed to a peace officer position wherein the
specifications of the position include the carrying and use of firearms
shall be given a reasonable time to complete firearms training and to qual-
ify in the firing of departmental firearms. Persistent failure or refusal to
satisfactorily complete firearms training and to qualify in the firing of de-
partmental firearms shall be cause for dismissal from employment as a
peace officer.
(c) Employees shall not have accessible, carry or use privately owned
firearms or ammunition while on duty, except as authorized by the direc-
tor or his/her designee. For the purpose of this section "on duty" means
any time which is compensable as actual time worked.
(d) Employees who are ordered to carry a concealable firearm while
on duty away from facilities where inmates/parolees are located shall
keep the firearm concealed at all times except when use of the firearm is
necessary. Employees on duty on the grounds of, and in, facilities where
inmates/parolees are located shall not carry a concealed firearm unless
ordered to do so by the official in charge.
(e) Each facility where inmates/parolees are located which maintains
an unissued supply of firearms, ammunition, and other lethal weaponry
as described in Section 3275, shall provide for its long-term storage in
a physically secure armory. Armories shall be located so as to be under
24-hour-a-day coverage of an armed post and away from areas that are
open to traffic by unsupervised inmates/parolees and the public. At
camps or other locations where these armory requirements cannot be
met, arrangements shall be made for the long-term storage of such equip-
ment off the grounds. Community Correctional Facility armories shall be
exempt from the armed coverage requirement, but they shall be under
24-hour-a-day observation by staff directly, or by video surveillance,
and shall be equipped with audible electronic alarms.
(0 Each facility where inmates/parolees are located shall provide a
physically secure locked container, located outside the security areas, for
the temporary storage of firearms, ammunition and other weaponry of
employees and officials who must come on the grounds or enter the facil-
ity in the course of their employment or official business.
(g) Employees and others who live on the grounds of facilities where
inmates/parolees are located, and any guests or visitors of such persons,
shall not bring to, maintain, store or keep any firearms or ammunition in
such residences at any time. Arrangements shall be made for the use of
storage facilities described in subsections (e) and (f).
(h) Firearms and ammunition shall not be left in an unattended vehicle
at any time upon the grounds of facilities where inmates/parolees are lo-
cated. Exceptions are authorized only when the vehicle is securely locked
and under the direct observation of staff who are aware that the vehicle
contains firearms or ammunition, or when the vehicle is equipped with
a departmental! y approved secure container for such equipment. Merely
out of sight storage such as in the spare tire well, trunk or glove box does
not meet the requirements for a secure container.
(i) The loss or theft of departmentally issued/authorized firearms/duty
weapons or related equipment shall be immediately reported to the re-
sponsible employee's supervisor, and through the supervisor to the ad-
ministrator of the jurisdiction of employment, and/or to the attention of
the administrator in which the loss or theft occurred, if in a different juris-
diction. Local law enforcement agencies shall be notified, and a written
report shall be made to the deputy director/assistant director within
whose jurisdiction the loss or theft occurred.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 830, 830.5,
832, 4574 and 5054, Penal Code.
History
1 . Repealer and new section filed 9-24-8 1 ; effective thirtieth day thereafter (Reg-
ister 81, No. 39).
2. Amendment of subsection (a)(6) filed 7-12-82; effective thirtieth day thereafter
(Register 82, No. 29).
3. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No.
1). A Certificate of Compliance must be transmitted to OAL 6-1 2-95 or emer-
gency language will be repealed by operation of law on the following day.
4. Amendment of subsections (b) and (b)(5) filed 3-28-95 as an emergency; op-
erative 3-28-95 for 160 days pursuant to Penal Code § 5058(e) (Register 95,
No. 13). A Certificate of Compliance must be transmitted to OAL by 9^1-95
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to orders of 1 -3-95 and 3-28-95 including amend-
ment of section and Note transmitted to OAL 6-12-95 and filed 7-24-95 (Reg-
ister 95, No. 30).
6. Amendment filed 3-12-99 as an emergency; operative 4-1-99 (Register 99,
No. 1 1 ). A Certificate of Compliance must be transmitted to OAL by 9-8-99
or emergency language will be repealed by operation of law on the following
day pursuant to Penal Code section 5058(e)(1).
7. Editorial coirection amending History 6 (Register 99, No. 26).
8. Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
9. Amendment of subsections (c) and (i) filed 4-17-2002; operative 5-17-2002
(Register 2002, No. 16).
10. Amendment of subsection (e) filed 5-2-2007; operative 6-1-2007 (Redster
2007, No. 18).
§ 3277. Use of Tear Gas.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
History
1 . Amendment of subsection (a) filed 5-28-76 as an emergency; designated effec-
tive 7-1-76 (Register 76. No. 19).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
12).
4. Amendment of Subsection (a) filed 8-7-80 as an emergency; effective upon fil-
ing (Register 80, No. 32). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 12-7-80.
5. Certificate of Compliance filed 12-5-80 (Register 80, No. 49).
6. Amendment of subsections (a)(1) and (a)(3), repealer of subsections
(a)(4)-(a)(4)(F)5., amendment of subsections (b), (b)(1) and (b)(3)-(4), and re-
pealer of subsection (c) filed 1-3-95 as an emergency; operative 1-3-95 (Reg-
ister 95, No. 1). A Certificate of Compliance must be transmitted to OAL
6-12-95 or emergency language will be repealed by operation of law on the fol-
lowing day.
7. Certificate of Compliance as to 1-3-95 order including amendment of subsec-
tions (a)(3), (b)(1), (b)(3), and (b)(4) transmitted to OAL 6-12-95 and filed
7-24-95 (Register 95, No. 30).
8. Repealer filed 3-12-99 as an emergency; operafive 4-1-99 (Register 99, No.
1 1). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the following day
pursuant to Penal Code section 5058(e)(1).
9. Editorial correction amending History 8 (Register 99, No. 26).
10. Certificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
§ 3278. Control of Inmates and Parolees.
Employees who supervise inmates or parolees must have training in
physical controls, use of restraint equipment, and keep themselves in
good physical condition. In addition, all employees who supervise in-
mates must have training designed to give them knowledge of emotional
disturbances common to inmates and parolees, and understanding of
their own feelings, and the use of such knowledge in ways which will
minimize the need for the use of physical force. Batons may be carried
only as specifically authorized by the director.
Comment: Former DP-4209, control of inmates.
§ 3279. Use of Force.
History
1. Repealer filed 3-12-99 as an emergency; operafive 4-1-99 (Register 99, No.
1 1). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the following day
pursuant to Penal Code section 5058(e)(1).
2. Eiditorial correction amending History 1 (Register 99, No. 26).
3. Cf^rtificate of Compliance as to 4-1-99 order transmitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
§ 3280. Mechanical Restraint.
Note; Authority cited: Section 5058, Penal Code. Reference: Sections 2650,
2652 and 5054, Penal Code.
History
1 . Amendment of subsections (a)(2) and (c) filed 5-28-76 as an emergency; desig-
nated effective 7-1-76 (Register 76, No. 19).
2. Certificate of Compliance filed 7-29-76 (Register 76, No. 31).
3. Amendment of subsection (b) filed 3-22-78; effective thirtieth day thereafter
(Register 78, No. 12).
4. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
•
•
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Title 15
Adult Institutions, Programs and Parole
§ 3282
5. Kditorial correction of printing eiTors in subsections (b) and (c) and History
(Registcr92, No. 5).
6. Change without regulatory effect amending subsection (a)(2) filed 1-20-93
pursuant to section fOO, title 1 , California Code of Regulations ( Register 93, No.
4).
7. Renumbering of former section 3280 to new section 3268.2 filed 3-12-99 as
an emergency; operative 4-1-99 (Register 99. No. 1 1 ). A Certificate of Com-
pliance must be transmitted to OAL by 9-8-99 or emergency language will be
repealed by operation of law on the following day pursuant to Penal Code sec-
tion 5058(e)(1).
8. Kditorial correction amending History 7 (Register 99, No. 26).
9. Certificate of Compliance aslo 4-1-99 order transmitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
§3281. Corporal Punishment.
History
1. Repealer filed 3-12-99 as an emergency; operative 4-1-99 (Register 99, No.
1 1 ). A Certificate of Compliance must be transmitted to OAL by 9-8-99 or
emergency language will be repealed by operation of law on the following day
pursuant to Penal Code section 3058(e)(1).
2. Editorial correction amending History 1 (Register 99, No. 26).
3. Certificate of Compliance as to 4-1-99 order transinitted to OAL 9-8-99 and
filed 10-20-99 (Register 99, No. 43).
§ 3282. Use of Telephones by Inmates.
(a) For purposes of this section:
( 1 ) An "emergency call" means a telephone call regarding the serious
illness or injury, or the death of an inmate's immediate family member.
(2) A "confidential call" means a telephone call between an inmate and
his/her attorney which both parties intend to be private.
(3) An "inmate telephone" means a telephone designated solely to ac-
commodate inmate-originated nonconfidential personal calls.
(4) An "intrafacility telephone" means a telephone which is not capa-
ble of direct-dial connections to telephones outside of the facility.
(5) A "prison telephone" means a telephone that is capable of outside
access and is not monitored or recorded.
(b) Facilities shall provide inmate telephones for use by general popu-
lation inmates. Inmates may place collect telephone calls to persons out-
side the facility at designated times and on designated telephones, as set
forth in local procedures. Limitations may be placed on the frequency
and length of such calls based on the inmate's privilege group as outlined
in section 3044, and to ensure equal access. Telephone calls requiring the
use of a Telecommunication Device for the Deaf (TDD) or voice relay
service shall have extended time scheduled due to the time delay which
results from the TDD relay process.
(c) An inmate shall not:
( 1 ) Use an intrafacility telephone except as specifically required or au-
thorized by staff.
(2) Use a telephone capable of direct-dial connection with a public
telephone system, except as authorized by staff.
(3) Charge a call to a credit card.
(4) Place a third party call.
(5) Ask the operator for an emergency interruption.
(6) Place a call to an "800," "900," "976," "911," "411," or other spe-
cial service number. Inmates that have a verified need to utilize the
(1-800) TDD or relay service shall notify the correctional staff to facili-
tate the (1-800) TDD call.
(7) Place a call to an inmate at any other facility.
(8) Place calls to victims, peace officers, or other persons who have
made an official written request not to receive telephone calls.
(9) Knowingly participate in a forwarded, transferred, or three-party
call on an inmate telephone.
(d) Except as provided in this section, no limitation shall be placed on
the identities or relationships of persons to whom an inmate may place
a collect call.
(e) All inmate calls placed on intrafacility and inmate telephones may
be subject to monitoring and recording at any time by institution staff.
(f) A conspicuous notice in English and Spanish shall be posted at each
inmate telephone capable of recording and monitoring stating in both
languages: All numbers dialed and conversations on this telephone may
be recorded and may be monitored without any further notice. By using
this telephone, you agree to the monitoring and recording. It is your re-
sponsibility to notify the person called that their conversation and tele-
phone number may be monitored and will be recorded." Staff who autho-
lize an ininate to use an unposted telephone for a nonconfidential call
shall inform that inmate before the call is inade regarding the notice of
monitoring/recording requirement.
(g) If staff designated by the institution head determine that an incom-
ing call concerns an emergency or confidential matter, the caller's name
and telephone number shall be obtained and the inmate promptly notified
of the situation. The inmate shall be permitted to place an emergency or
confidential call either collect or by providing for the toll to be deducted
froin the inmate's trust account. A coiifidential call shall not be made on
an inmate telephone and shall not be monitored or recorded. If a call is
determined to be an attorney/inmate confidential phone call, in order for
the initiate to place or receive the call it must have already received ap-
proval/clearance in accordance with subsections (g)( 1 ). (g)(2) and (g)(4).
( 1 ) Confidential calls may be approved on a case-by-case basis by the
institution head or designee, upon written request from an attorney on the
attorney's office letterhead stationery. The request shall be made by writ-
ten request via U. S. Postal Service or facsimile to the Institution Litiga-
tion Coordinator or designee. To obtain approval/clearance, the attorney
shall provide in writing the following personal and professional informa-
tion:
(A) Name,
(B) Mailing address,
(C) Date of Birth,
(D) Valid driver's license or state-issued identification card number.
(E) Proof of current registry and good standing with a governing bar
association, and
(F) Indication of the jurisdiction(s) licensed to practice law. If the re-
questing attorney wishes to have a representative conduct the confiden-
tial phone call, the attorney representative must provide all applicable in-
formation Hsted above in addition to the attorney submitting their
information. Refer to Title 15, subsection 3178(c)(1) for attorney repre-
sentative criteria.
(2) Requestmg attorney/attorney representative shall report any prior
felony convictions or pending arrest dispositions, describe and explain
any prior suspension or exclusion from a correctional facility, and de-
clare under penalty of perjury one or more of the following:
(A) They are the named inmate's attorney either by appointment by the
court or at the inmate's request,
(B) They have been requested by a judge to interview a named inmate
for purposes of possible appointment as counsel by the same court,
(C) They are requesting to call a named inmate who may be a witness
directly relevant to a legal process, purpose, or proceeding,
(D) They are seeking to interview a named inmate, at the request of the
inmate, for the purpose of representation of the inmate in a legal process,
for a legal purpose or in a legal proceeding, and
(E) They have been requested by a third party to consult with the
named inmate when the inmate cannot do so because of a medical condi-
tion, disability or other circumstance.
(3) Any false statement or deliberate misrepresentation of facts specif-
ic to the information required in subsection (g)(2) shall be grounds for
denying the request or cause for subsequent suspension or exclusion
from all institutions/facilities administered by the department.
(4) Upon receipt of the information specified in (g)( 1 ), a California law
enforcement telecommunications system (CLETS) check of the attor-
ney/attorney representative through the Department of Jusfice and verifi-
cation of the attorney's credential through the governing state bar will be
conducted. Once the clearance and state bar verification have been ob-
tained and approved the attorney shall be contacted to schedule the confi-
dential telephone call with the specified inmate. Attorneys and attorney
representatives shall immediately report to the Institution Litigation
Coordinator any change in personal or professional information, arrest
history and or pending dispositions and declarations made in subsections
(g)( 1 ) and (g)(2) to retain their approval/clearance. In addition, a CLETS
check will be conducted at least annually and as needed based on changes
Page 187
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§3283
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
provided to the above listed information or information from any source
that such changes had occurred.
(5) The date, time, duration, and place where the inmate will make or
receive the call, and manner of the call are within the discretion of the in-
stitution head, except as restricted herein. A confidential call from an in-
mate shall be placed as a collect call or by providing for the toll to be de-
ducted from the inmate's tmst account and made from a prison telephone
or, with appropriate authentication of the caller, may be received from an
attorney.
(6) It is within the discretion of the institution head, or his/her desig-
nee, to approve or deny a confidential call. As long as the attorney/client
communication privilege is not violated, a confidential call may be de-
nied where the institution head, or his/her designee, determines that nor-
mal legal mail or attorney visits were appropriate means of communica-
tion and were not reasonably utilized by the inmate or attorney. Where
demand for confidential calls seriously burdens institutional operations,
the institution head, or his/her designee, shall prioritize confidential
calls.
(7) Emergency calls on prison telephones between an inmate and
clergy, other religious advisors, or health care professionals shall be ap-
proved or denied on a case-by-case basis by staff designated by the insti-
tution head.
(8) Inmates, approved attorneys/attorney representatives and pending
approval confidential phone call applicants may appeal any departmental
policies, staff decisions and institution/facility procedures related to con-
fidential phone calls by following the appeals process as contained in
Title 15, Section 3179. Appeals Related to Visiting. Title 15, Section
3179 applies in its entirety.
(h) Telecommunication Device for the Deaf (TDD) telephones shall
be made available to inmates with a documented severe hearing impair-
ment for personal, emergency, and confidential calls, which shall be sub-
ject to the provisions of this section.
( 1 ) Assistive device telephones and additional time on telephones may
be necessary to provide accommodations for inmates and their callers
with disabilities.
(2) The facility shall provide for the procedures necessary to ensure
effective telephone communications for inmates with disabilities and/or
the disabled person(s) with whom they are communicating.
(i) All calls made on inmate telephones shall have an announcement
before and at random intervals during the calls stating that the call is from
an inmate at a California state correctional facility and is being recorded.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of subsection (d) filed 7-29-76; effective thirtieth day thereafter
(Register 76, No. 31).
2. Amendment of subsection (c) filed 2-16-83; effective thirtieth day thereafter
(Register 83, No. 8).
3. Amendment filed 7-8-93; operative 8-9-93 (Register 93, No. 28).
4. New subsection (k) filed 6-17-94 as an emergency; operadve 6-17-94 (Regis-
ter 94, No. 24). A Certificate of Compliance must be transmitted to OAL by
10-15-94 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 6-1 7-94 order transmitted with amendments to
OAL 10-17-94 and filed 12-1-94 (Register 94, No. 48).
6. Amendment filed 7-28-97 as an emergency; operative 7-28-97 (Register 97,
No. 31). Pursuant to Penal Code section 5058(e), a Certificate of Compliance
must be transmitted to OAL by 1-5-98 or emergency language will be repealed
by operation of law on the following day.
7. Editorial correction of subsection (c)(6) (Register 98, No. 6).
8. Certificate of Compliance as to 7-28-97 order, including further amendments,
transmitted to OAL 12-17-97 and filed 2-2-98 (Register 98, No. 6).
9. Amendment of subsections (g)-(g)(l), including renumbering of portion of sub-
section (g)(1) to new subsection (g)(5), new subsections (g)(l)(A)-(F), renum-
bering of former subsecdons (g)(2)-(3) to new subsecdons (g)(6)-(7) and new
subsecdons (g)(2)-(4) and (g)(8) filed 1-8-2008; operadve 2-7-2008 (Register
2008, No. 2).
§ 3283. Unauthorized Persons.
Persons must not be permitted to be on institution grounds or in com-
munity correctional centers without a legitimate purpose for being there,
nor shall persons be allowed to contact inmates without authorization to
do so.
Comment: Former DP-4214, unauthorized persons.
§ 3284. Unattended Vehicles.
Ignition switches must be locked and keys must not be left in any unat-
tended vehicle on institution or community correctional center grounds.
Under no circumstances may alcoholic beverages, drugs, firearms, toy
guns, ammunition, or other items which are illegal or threaten the securi-
ty of the institution be left in any unattended vehicle on institution or
community correctional center grounds.
Comment: Former DP-4215, unattended vehicles.
§ 3285. Association with Inmates.
Persons who are not department employees, but who work with or near
inmates are to be informed of the laws and regulations governing associ-
ation with prison inmates. Such persons will be given, and be asked to
read and acknowledge receipt of. Primary Laws, Rules, and Regulations
Regarding Conduct and Association with State Prison Inmates, CDC
Form 181.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Secdon 5054, Penal
Code.
History
1. Amendment filed 2-24-77; effecdve thirtieth day thereafter (Register 77, No.
9).
2. Change without regulatory effect amending section and adding Note filed
5-7-98 pursuant to secdon 100, title 1, California Code of Regulations (Regis-
ter 98, No. 19).
§ 3286. Controlling and Reporting Fights.
When inmates fight, the participants must be separated at once. The
participants will be placed in detention, unless in the judgment of a supe-
rior officer circumstances do not warrant such action. Employees who
observe the fight will prepare a written report stating clearly everything
they observed, and will submit this report to the disciplinary officer. The
employee who renders the report should, if possible, state who was the
aggressor. The report will include the time, place, names of participants,
name(s) of aggressor(s), the reason for the fight if it can be ascertained,
weapons used if any, names of witnesses, action taken if any, and recom-
mendations to prevent further recurrences.
Comment: Former DP-4217, controlling and reporting fights.
§ 3287. Cell, Property and Body inspections.
(a) Insofar as possible, a cell, room, or dormitory bed area and locker
win be thoroughly inspected immediately upon its vacancy and again, if
there is a significant time lapse, before another inmate is assigned to the
same cell, room or dormitory bed and locker. Such inspections are re-
quired and must be recorded for segregation, isolation and security hous-
ing unit cells. The purpose of such inspections is to fix responsibility or
the absence of responsibility for security and safety hazards and serious
contraband found in the cell, room or dormitory area.
(1) Occupied cells, rooms and dormitory areas, including fixtures and
lockers, and any personal and state-issued property of the occupant will
be inspected on an infrequent and unscheduled basis. More frequent in-
spections will be conducted in specialized housing units, depending upon
the security requirements of the unit and the risk an individual inmate
presents to that security.
(2) Cell and property inspections are necessary in order to detect and
control serious contraband and to maintain institution security. Such in-
spections will not be used as a punitive measure nor to harass an inmate.
Every reasonable precaution will be taken to avoid damage to personal
property and to leave the inmate' s quarters and property in good order
upon completion of the inspection.
(3) An inmate's presence is not required during routine inspections of
living quarters and property when the inmate is not or would not other-
wise be present. During special inspections or searches initiated because
the inmate is suspected of having a specific item or items of contraband
in his or her quarters or property, the inmate should be permitted to ob-
serve the search when it is reasonably possible and safe to do so.
Page 188
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Title 15
Adult Institutions, Programs and Parole
§3290
(4) The inmate will be given a written notice for any item(s) of person-
al and authorized state-issued property removed from his or her quarters
during an inspection and the disposition made of such property. The no-
tice will also list any contraband picked up or any breach of security
noted during the inspection, and the follow-up action intended by the in-
specting officer.
(b) An inmate is subject to an inspection of his or her person, either
clothed or unclothed, when there is a substantial reason to believe the in-
mate may have unauthorized or dangerous items concealed on his or her
person, or that he or she may have been involved in an altercation of any
kind. Such inspections may also be a routine requirement for inmate
movement into or out of high security risk areas. Random or spot-check
inspections of inmates may also be authorized by the institution head to
prevent possession and movement of unauthorized or dangerous items
and substances into, out of, or within the institution. Visual daily inspec-
tions of inmates shall be made to ensure compliance with departmental
grooming standards. All such inspections shall be conducted in a profes-
sional manner which avoids embarrassment or indignity to the inmate.
Whenever possible, unclothed body inspections of inmates shall be con-
ducted outside the view of others.
(1) Correctional employees, other than qualified medical staff, shall
not conduct unclothed body inspections of inmates of the opposite sex
except under emergency conditions with life or death consequences.
(2) Routine inspections of clothed male inmates may be performed by
employees of either sex.
(3) Body inspection of clothed female inmates shall be conducted by
female correctional employees only, except in emergency situations re-
quiring the immediate search of inmates to avoid the threat of death, es-
cape, or great bodily injury. In such emergency situations, male correc-
tional employees may conduct clothed body inspections only until
sufficient numbers of female correctional employees are available to as-
sume critical body search duties.
(4) Male correctional employees shall not, under any circumstances,
perform non-emergency body searches of female inmates.
(5) Any inspection of body cavities, other than visual or metal detector
inspections, will be conducted in a medical setting under the direct super-
vision of a physician. Any physical intrusion into body cavities must be
performed by a physician, and then only after all less obtrusive methods
have failed to bring the inspection to a conclusion.
(c) Inspections of inmate cell or living areas, property, work areas, and
body shall be conducted on an unannounced, random basis as directed by
the institution head. Such inspections shall be conducted no more fre-
quently than necessary to control contraband, recover missing or stolen
property, or maintain proper security of the institution.
(d) A written record shall be maintained of the disposition of contra-
band and stolen or missing property confiscated as the result of cell, prop-
erty, or body inspections.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and Jordan v. Gardner, 986 F.2d 1521.
History
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment of subsection (a)(3) filed 2-22-79; effective thirtieth day thereafter
(Register 79, No. 8).
3. Amendment of subsection (b)(1) filed 8-22-79; effective thirtieth day thereaf-
ter (Register 79, No. 34).
4. Amendment of subsecdon (b) and new subsection (c) and (d) filed 2-8-88; op-
erative 3-9-88 (Register 88, No. 7).
5. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
6. Amendment of subsections (b) and (c) filed 10-16-97 as an emergency; opera-
tive 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emer-
gency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98
and filed 5-^-98 (Register 98, No. 19).
8. Amendment of subsection (b)(1), new subsections (b)(2)-(4), subsection re-
numbering and amendment of Note filed 5-26-2005 as an emergency; opera-
five 5-26-2005 (Register 2005, No. 21). Pursuant to Penal Code section
5058(e), a Certificate of Compliance must be transmitted to OAL by 1 1-2-2005
or emergency language will be repealed by operation of law on the following
day.
9. Certificate of Compliance as to 5-26-2005 order transmitted to OAL
9-28-2005 and filed 1 1-1-2005 (Register 2005, No. 44).
§ 3288. Notice to Public.
(a) Warning signs will be posted at the entrance to all public and busi-
ness roadways onto the grounds of institutions, camps and other depart-
ment facilities where inmates or parolees are housed, and at all sallyports
and pedestrian entrances into such facilities. The signs will be in both En-
glish and Spanish and will, at a minimum, display the following informa-
tion:
(1 ) The name of the institution, camp or facility, and the fact that it is
a facility of the California Department of Corrections.
(2) The items that cannot be brought onto institution grounds. Model
language: It is unlawful to bring alcohol, drugs, weapons, explosives,
tear gas or tear gas weapons onto prison property.
(3) A warning that entrance on the property constitutes consent to be
searched. Model language: By entering these grounds you consent to the
search of your person, property and vehicle.
(b) Entrance roadway signs and the lettering will be of sufficient size
to attract attention and be easily read by passing motorists. Smaller but
conspicuous signs will be posted at sallyports and pedestrian entrances.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 3-22-78; effecdve thirtieth day thereafter (Register 78, No.
12).
2. Amendment ot subsecdon (a)(2) filed 4-1 8-80; effecdve thirtieth day thereafter
(Register 80, No. 16).
§ 3289. Trespass.
(a) All areas of institutions including buildings and grounds are closed
to the general pubHc, including employees of the department during their
off duty hours, at all times except for the purpose of conducting lawful
business and engaging in activities authorized in advance by the warden,
superintendent or official in charge. Entry on institution property for un-
authorized purposes will be considered trespass as provided in Section
602 0) of the Penal Code.
(b) Without regard for the reasons an individual or group may have en-
tered institution property, refusal or failure to leave the property when re-
quested to do so by the warden, superintendent, official in charge or by
an official authorized to act for the warden, superintendent or official in
charge, will be considered trespass as provided in Section 602 (p) of the
Penal Code.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Secdon 5054, Penal
Code.
History
1. New section filed 8-3-78 as an emergency; effective upon filing (Register 78,
No. 31).
2. Certificate of Compliance filed 1 1-21-78 (Register 78, No. 47).
§ 3290. Methods for Testing of Controlled Substances or
for Use of Alcohol.
(a) The department shall prescribe the products, equipment, and meth-
ods for testing suspected controlled substances or for the use of alcohol.
"Field" or on-site testing shall be conducted only by trained personnel.
(b) Field tests may be performed on any suspected substance found on
institution property or in the possession or under the control of any in-
mate, or in the possession or under the control of persons other than in-
mates who come on institution property.
(c) The securing of a urine sample from an inmate, for the purpose of
testing for the presence of controlled substances or for use of alcohol may
be done for the following reasons:
(1) When there is reasonable cause to believe the inmate has pos-
sessed, distributed, used, or is under the influence of a controlled sub-
stance or alcohol.
(2) When mandatory random tesdng is known to the inmate to be a
condition for the inmate's participation in a specific program, assign-
ment, or activity.
(3) As part of an authorized disposition of a disciplinary hearing.
Page 188.1
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§3291
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) The inmate is selected by the institution's/facility's random drug
testing selection process.
(d) Inmates must provide a urine sample when ordered to do so pur-
suant to these regulations, for the purpose of testing for the presence of
controlled substances or the use of alcohol.
(e) Field testing of seized substances that are suspected of being a con-
trolled substance shall be conducted for "screening" purposes only. Dis-
ciplinary action for possession of a controlled substance based solely on
a field test shall not include the loss of work/behavior credits unless a lab-
oratory has confirmed that the suspected substance is in fact a controlled
substance, or the inmate has admitted to possessing the controlled sub-
stance, accepts the results of a field test, and waives the requirement of
testing by a laboratory, and has signed a document to that effect.
(f) The positive test results from a urine sample submitted for testing
for the presence of an unauthorized controlled substance or alcohol that
has been confirmed as positive by a departmentally approved testing
method may be considered as sufficient evidence to support a guilty find-
ing for use of the controlled substance or alcohol.
(g) When evidence remaining after a field test or resulting from a field
test is not suitable or sufficient for submission to a laboratory for confir-
mation of the field test, the field test results may be considered in a disci-
plinary hearing for possession of a controlled substance. Under such cir-
cumstances, a finding of guilty shall be based upon the preponderance of
all evidence presented at the disciplinary hearing. Although no credit loss
action may be taken when the only evidence being considered by the
hearing official is the result from a field test, other authorized disciplin-
ary actions may be taken pursuant to section 3315 for violations of
3016(a).
(h) The identification of unauthorized medication, to include any me-
dication considered to be a controlled substance as described in section
3000, must be confirmed by a hcensed pharmacist and that confirmation
may be used as evidence in a discipUnary hearing. There shall be no re-
quirement for laboratory testing of intact medications when identifica-
tion of the controlled medication has been confirmed by a pharmacist.
The pharmacist will indicate whether the medication contains any of the
substances listed in Health and Safety Code (H&SC) section 1 1007 to en-
able the determination of the appropriate classification level pursuant to
section 3323 relative to a disciplinary violation for unauthorized posses-
sion or distribution of the medication.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932,
4573.6 and 5054, Penal Code.
History
1 . Renumbering of former Section 3290 to Section 3295 and new Section 3290
filed 8-18-78; effective thirtieth day thereafter (Register 78, No. 33).
2. Amendment of subsections (a) and (e) and new subsection (h) filed 8-7-87 as
an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 12-7-87.
3. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
4. Amendment of subsections (a) and (e) and new subsection (h) filed 1-4-88 as
an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
6. Amendment of subsections (a) and (e) and new subsection(h) filed 6-2-88 as
an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Com-
pliance must be transmitted to OAL within 1 20 days or emergency language
will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
8. Amendment of subsections (c), (g), and (h) filed 6-2-95 as an emergency; op-
eradve 6-5-95 (Register 95, No. 22). A Certificate of Compliance must be
transmitted to OAL by 1 1-12-95 pursuant to Penal Code secdon 5058(e)(1) or
emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-2-95 order transmitted to OAL 10-2-95 and
filed 10-17-95 (Register 95, No. 42).
10. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98,
No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99
or emergency language will be repealed by operation of law on the following
day.
1 1 . Amendment refiled 2-3-99 as an emergency, including further amendment of
subsection (g); operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transinitted to OAL by
7-1 3-99 or emergency language will be repealed by operation of law on the fol-
lowing day.
12. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-12-99 and
filed 6-24-99 (Register 99, No. 26).
13. Amendment of secdon heading and section filed 8-4-2008; operative
8^-2008 pursuant to Government'' Code section 1 1343.4 (Register 2008, No.
32).
§ 3291 . Employee Law Enforcement and Peace Officer
Personnel.
(a) Law Enforceinent Responsibility. All employees of the Depart-
ment shall be responsible to enforce laws, regulations and procedures
which govern the actions and activities of inmates, parolees and of per-
sons who come into contact with inmates and parolees. Employees who
are not designated as peace officers, whose normal assigned job duties
do not require custody and supervision of inmates or parolees, or in situa-
tions where it would be inappropriate or unsafe to intervene in unautho-
rized actions or activities, shall notify or seek the assistance of other em-
ployees, including peace officer employees. In an emergency, all
employees shall respond as directed by proper authority.
(b) Peace Officer Personnel. Peace officers are departmental em-
ployees holding peace officer positions as defined by law or as desig-
nated by the director of corrections. Non-peace officer employees tem-
porarily assigned to perform only the administrative duties of posirions
held by peace officers shall not be designated as peace officers.
(c) The peace officer authority of employees in (b) extends only to the
authority necessary to perform the duties assigned to them, and as specif-
ically authorized by the director in state emergency and mutual aid agree-
ments. Employees designated in subsection 3291(b) are peace officers
when performing the duties of their employment within this State, and
retain that status outside tliis State when they are transporting prisoners
or apprehending of prisoners who have escaped.
(d) In addition to being designated peace officers as described in sub-
sections 3291(b) and (c), parole agents' peace officer authority extends
to the enforcement of conditions of parole imposed upon persons on pa-
role in this state and to violations of any penal provisions of law which
is discovered in the course of their employment.
(e) In addition to being designated peace officers as described in sub-
sections 3291(b) and (c), the peace officer authority of agents of the Of-
fice of Correctional Safety peace officers extends throughout the state
while performing their primary job dudes, including the invesdgation
and apprehension of parole violators and the investigation of the viola-
tion of any penal provisions of law which is discovered in the course of
their employment, and to coordination of the Department's law enforce-
ment activities with those of other law enforcement and criminal justice
agencies.
(f) In addition to being designated peace officers as described in sub-
sections 3291(b) and (c), the authority of peace officer members of the
Office of Internal Affairs, who meet the training standards described in
PC Section 830.2(d)(2), extends throughout the state while they are per-
forming their primary job duties, including criminal investigations of de-
partmental personnel and the coordination of those activities with other
criminal justice agencies.
Note: Authority cited: Secdons 830.5(f) and 5058, Penal Code. Reference: Sec-
dons 830.2(d) and 830.5(a) and (b), Penal Code.
History
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Amendment of subsection (b) filed 12-18-80 as an emergency; effective upon
filing (Register 80. No. 51). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 4-17-81.
3 . Order of Repeal of 1 2- 1 8-80 order filed 1 2-26-80 by OAL pursuant to Govern-
ment Code Section 1 1349.6 (Register 80, No. 52).
4. Amendment of subsection (b) filed 9-24-81 ; effective thirtieth day thereafter
(Register 81, No. 39).
5. Amendment of subsection (b) filed 10-27-82; effective thirtieth day thereafter
(Register 82, No. 44).
Page 188.2
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§ 3294.5
6. Aniendnient of section heading, section and NoTi; filed 2-14-2001 ; operative
3-16-2001 (Register 2001, No. 7).
7. Change without regulatory effect amending subsections (a)-(c) and (e) filed
4-18-2008 pursuant to section 100, title 1, California Code of Regulations
(Register 2008, No. 16).
§ 3292. Arrest and Detention.
(a) It is the policy of the department to arrest and detain civilians only
when their unlawful actions or activities present an immediate and signif-
icant threat to the custody and control of inmates, parolees, employees
and the public.
(b) It is the policy of the department to only effect the arrest and deten-
tion of a civilian when there is sufficient cause to believe that the individ-
ual's unlawful action or activity is deliberate and intended for a purpose
described in (a). Suspicion of unlawful actions or activities will not be
cause for the arrest and detention of an individual, but may be cause for
ordering or escorting the individual off departmental property or institu-
tion grounds, and for referral to local authorities.
(c) Wardens, superintendents and administrators of institutions and fa-
cilities which house inmates or parolees will establish and maintain up-
to-date local procedures reflecting the policies set forth in this section.
Such local procedures will include provisions for informing individuals
of their rights and for referral of cases to local authorities. Such proce-
dures will be reviewed annually by the administrator, and will be made
available for departmental audit and for inspection as a public record
when requested.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
§ 3293. Polygraph Examinations.
(a) Polygraph examinations may be administered by departmental
staff to inmates, parolees, and employees in the course of an investigation
of official matters, under the following conditions:
(1) The examinee has, without coercion, signed a written statement of
consent to the examination.
(2) The polygraph examiner is a Office of Correctional Safety staff
member.
(3) The Assistant Secretary or designee, Office of Correctional Safety,
has approved the examination.
(b) Polygraph examinations shall not be used as an alternative to regu-
latory requirements for determining a person's guilt or irmocence of
charges in disciplinary matters.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 3307, Gov-
ernment Code; Section 5054, Penal Code; and Long Beach City Employee's Asso-
ciation v. City of Long Beach (1986) 41 Cal.3rd 937, 227 Cal.Rptr. 90.
History
1. New section filed 2-27-89; operadve 3-29-89 (Register 89, No. 10).
2. Change without regulatory effect of subsections (a) and (b) pursuant to section
100, title l,CaUfomiaCodeofRegulationsfiled2-21-90(Register90,No. 1 1).
3. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 9 L No. 6).
4. Change without regulatory effect amending subsections (a)(2) and (a)(3) filed
4-18-2008 pursuant to section 100, title 1, California Code of Regulations
(Register 2008, No. 16).
§ 3294.1 . Inmate Operation of a Motor Vehicles.
Notwithstanding provisions of the Vehicle Code, inmates shall not
drive any vehicle on a public road except in extreme emergency, when
taking a Department of Motor Vehicles' Driver's test, or when their use
of a personal vehicle is specifically authorized. Inmates may drive a state
vehicle on off highway work projects or on facility grounds only when
specifically authorized by staff or by the inmate's work supervisor.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 4570 and
5054, Penal Code.
History
1. Renumbering of former section 3073 to new section 3294.1, including amend-
ment of section and section heading filed 10-27-93; operative 1 1-26-93 (Reg-
ister 93, No. 44).
§ 3294.5. Inmate Name Change.
(a) All inmate or parolee requests for a legal name change shall initial-
ly be reviewed by the Warden or Regional Parole Administrator who
shall either recoinmend approval for a legal name change or deny the re-
quest for a legal name change.
(b) If the request is denied, the Warden or Regional Parole Administra-
tor shall respond to the inmate or parolee in writing with the reasons for
denial. A copy of the denial shall be placed in the miscellaneous section
of the inmate/parolee's central file.
(c) If the Warden finds reasons that exist to warrant an inmate's request
for a name change, then the Warden shall forward the request to the Insti-
tutions Division Regional Administrator, along with a memoranduin list-
ing the reasons for recommending approval. A copy of the memorandum
shall be placed in the miscellaneous section of the inmate's central file.
(d) If the Regional Parole Administrator finds reasons that exist to
warrant a parolee's request for a name change, then the Regional Parole
Administrator shall forward the request to the Assistant Deputy Director,
Parole and Community Services Division (P&CSD), along with a memo-
randum listing the reasons for recommending approval. A copy of the
memorandum shall be placed in the miscellaneous section of the parol-
ee's central file.
(e) If the Institutions Division Regional Administrator or the Assistant
Deputy Director, P&CSD, agrees with the recommendation to approve
the request for a name change of an inmate or parolee, a letter shall be
forwarded to the court explaining why the Department is recommending
approval for a name change, along with the inmate/parolee's request. A
copy of the letter shall be placed in the miscellaneous section of the
inmate/parolee's central file.
(f) If the Institutions Division Regional Administrator or the Assistant
Deputy Director, P&CSD, denies the request for a name change of an in-
mate or parolee, a letter shall be forwarded to the inmate or parolee with
the reasons for denial. A copy of the letter shall be placed in the miscella-
neous section of the inmate/parolee's central file.
(g) Upon receiving final approval from the court with the ordered
name change and receiving departmental approval, the Correctional
Case Records Manager shall notify the facility mailroom and visiting
room of the name change if the offender is incarcerated; or shall notify
the agent of record if the offender is on parole. The court order shall be
placed in the miscellaneous section of the inmate/parolee's central file,
along with other documents related to the request for a name change.
(h) The mailroom and visiting room staff of the facility shall update
their records to reflect the additional name of the inmate.
(i) The original commitment name of the inmate or parolee shall re-
main on all departmental records and shall continue to be used on all de-
partmental records.
(j) The new legal name change shall be entered into the Offender
Based Information System (OBIS) under the section "Also Committed
As."
(k) The inmate shall be notified to inform all persons who may visit or
write him/her that they must use the inmate' s departmental identification
number when using the inmate's new name.
(/) If the court ordered name change is received without departmental
approval, this clearly indicates that the inmate/parolee has not followed
proper procedure to legally change his/her name. In this case, the Warden
or Regional Parole Administrator shall notify the issuing court in writing
that the name change cannot legally be changed without the Director's
approval pursuant to the Code of Civil Procedure, Section 1279.5. A
copy of the letter shall be placed in the miscellaneous section of the inma-
te/parolee's central file and a copy shall be provided to the inmate/paro-
lee.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code; and Section 1279.5, Code of Civil Procedure.
History
1. New section filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No.
1). A Certificate of Compliance must be transmitted to OAL 6-12 95 or emer-
gency language will be repealed by operation of law on the following day.
Page 188.3
Register 2008, No. 32; 8-8-2008
§3295
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Certificate of Compliance as to 1-3-93 order including amendment of subsec-
tion (/) transmitted to OAL 5-3-95 and filed 6-14-95 (Register 95, No. 24).
Article 3. Escapes
§ 3295. Duty of Employees to Prevent Escapes.
It is the duty of every employee to do everything possible to prevent
the escape of an inmate.
Comment: Former DP-4301, duty of employees to prevent escapes.
History
1 . Renumbering of Section 3290 to Section 3295 filed 8-18-78; effective thirtieth
day thereafter (Register 78, No. 33).
§ 3296. Escape Pursuit Plan.
Each warden and superintendent must have in effect at all times a plan
of operations for the reporting of escapes, and for the pursuit and appre-
hension of escapees. Each employee must be instructed in the general and
special procedures that he or she is to follow. Such plans must be in writ-
ing and be reviewed annually by the warden or superintendent.
Comment: Former DP-4302, escape pursuit plan.
History
1. Renumbering of Section 3291 to Section 3296 filed 8-18-78; effective thirtieth
day thereafter (Register 78, No. 33).
§ 3297. Air Space Management.
(a) Staff and inmates shall be notified and warning signs posted to indi-
cate that any inmate who without authorization moves toward an aircraft
on or near facility property may be fired upon to prevent an escape.
(b) If an aircraft enters a facility's air space for an apparent escape at-
tempt, staff shall act to prevent any escape.
( 1 ) Firearms shall not be used to bring down or disable an aircraft in
flight.
(2) If the aircraft is on the ground on or near facility property, staff shall
take any action necessary, including use of firearms, to disable the air-
craft.
(3) Return fire may be directed at an attacker within an aircraft if no
other means is available to save the lives of innocent or uninvolved per-
sons.
(4) Inmate failure to comply with orders to move away from any
grounded aircraft shall be considered an attempt to escape.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 835a and
5054, Penal Code.
History
1 . New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or
emergency language will be repealed by operation of law on the following day.
Article 4. Disorders and Emergencies
§ 3300. Prevention of Disorders.
It is the duty of every employee to do everything possible to prevent
disorders. Each employee must be trained to be familiar with the proce-
dures for handling disorders. Disorders and other emergencies must be
reported to supervisory staff at the earliest possible moment. Whenever
a disorder occurs, a prompt investigation will be made by the warden or
superintendent.
Comment: Former DP-440I, prevention of disorders.
§ 3301. Disturbance Control Plan.
Each warden or superintendent must have in effect at all times a plan,
approved by the director, for meeting emergencies, such as riots, strikes,
attacks upon inmates, visitors or staff, explosions or fires, suicides or at-
tempted suicides, and accidental injuries to inmates or visitors or em-
ployees. This plan must include procedures for requesting assistance
from outside the institution when circumstances warrant.
Comment: Former DP^402, disturbance control plan.
§ 3302. Emergency Preparedness Plan.
(a) Each warden and superintendent must have in effect at all times a
plan approved by the director for meeting emergencies delineated and re-
quired by the California Emergency Services Act of 1970.
(b) This plan will include, as a minimum, emergency measures to be
taken to prepare for and respond to the following types of emergency sit-
uations:
(l)War,
(2) Earthquakes;
(3) Seismic sea waves;
(4) Flood;
(3) Fire;
(6) Civil disturbances;
(7) Accident, transportation-industrial, and;
(8) Pollution.
(c) A separate Employee Protection Plan will be developed in accor-
dance with the California Emergency Services Act. Two copies of this
plan will be attached to the emergency preparedness plan when that plan
is submitted to the director for approval.
(d) Emergency preparedness plans and the employee protection plan
will be revised and updated by the warden or superintendent and be sub-
mitted to the director for approval biennially.
History
1. Amendment filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
12).
§ 3303. Safety and Security.
Institution heads shall maintain procedures for controUing the follow-
ing safety and security hazards within facilities:
(a) Fire prevention and suppression.
(1) Mattresses, cushions, and pads shall not be used in the living areas
of departmental facilities unless they are certified by the manufacturer as
meeting the bureau of home furnishings' Technical Information Bulletin
Number 121.
(2) Noncombustible receptacles shall be provided in inmate living
areas for disposal of such forms of refuse as cans, paper, and dust, and
the disposal of flammable liquids and rags shall be in accordance with the
uniform fire code.
(3) Facilities with female inmates shall have a complement of female
firefighters assigned to its fire department.
(4) Staff and inmates shall be familiar with fire evacuation routes, ex-
its, and procedures. An evacuafion drill shall be conducted quarterly on
each watch. Where such drill would jeopardize personal safety or facility
security, staff shall conduct a walk-through of the procedures.
(5) A facility' s mutual aid participation shall not jeopardize the facility
or violate miniinum safety standards.
(b) Control of harmful physical agents and toxic or hazardous sub-
stances.
(1) No staff member or inmate shall use or handle harmful physical
agents and toxic or hazardous substances as defined in 8 CCR, subchap-
ter 7, sections 3204(c)(l 3) and 5 194(c), until trained in the safe handling
of and emergency procedures for the use and handling of such agents or
substances.
(2) Except for authorized use of gasoline, inmates shall not, without
direct staff supervision, have access to harmful physical agents and haz-
ardous or toxic substances, or the inventories of such agents or sub-
stances.
(c) Control of tools.
(d) Control of armory and armaments, including firearms, ammuni-
tion, chemical agents, and any explosives under the institution' s control.
(e) Control of keys and security locking devices.
Note; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment of subsection (b) and new subsections (b)(l)-(2) and Note filed
8-21-92; operative 9-21-92 (Register 92, No. 34).
3. Amendment of first paragraph and adoption of subsections (a)(l)-(5) and form
filed 11-10-93; operative 12-22-93 (Register 93, No. 46).
Page 188.4
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3303
r.
II.
III.
IV.
V.
VI.
Seapg
DEPARIMENT OF OONSLMER AFFAIRS
BUREAU OF IDE FURNISHIMS
TECHNICAL BULLET IM 121
FlanvnobI I i ty Ta«t Procaduro for W<3ttr«««««
for U«a In High RIttc OceuponcUa
Thi« taat procadura !• d^atgnad to test
nattrasaaa for usa In oceuponciaa that ora
Idantlflad aa high rl«k. Such foctiltlaa
might Includa. but or* not Itmltod to,
Jotia, priaona, panol Inat I tut lona.
corractlonoi facMltlaa, Juvenlia dotantion
cantara. nuralng homaa, ond haolth cars
focllltlai.
2. Thia teat procadura la not tntandad to b«
U3«d for th« avaluatlon of raaldontlal
mattraaaaa.
procadura la o full-
Smoil-acala fira teat
aubatltutad for th«
Toat FflcHMy
(a) Th« daacrlbad taat
acaia fIra taat.
nathoda cannot b«
daacrlbad procadura.
(b) Tha taat burn room aholl ba 12 x 19 faat or
a cioaa approximation with an 8 foot
calling height. Tha room ahali hova no
opanlnga othar than o doorway opaning
approx Imatoly 38 x 81 Inchaa. located aa
Indicated In Tlgura 1.
(c) Tha taat burn room ahali ba Inatrunanted to
nonitor tamparatura. carbon nonoxida
coneantrat Ion, ond nattraaa weight loaa.
(d) The teat room aholl be unfurnlahed except
for a nattreaa aupport that aholl cloaeiy
reaemble a penal Inatltutlon nottreaa
apring unit, approximately 31 x 77 Inchea.
(e) The mattrnam apring unit aholl be
poaitloned oa Indicated In Figure 1.
Tg5t ^ownl*
The teet aomple ahal( conalat of a typical
Institutional nottreaa, complete with cavtr,
with opproxlnota difflenalona 36 x /6 Inchee ond
with thlckneaa appropriate to the application.
Teat CandTtfonlng
The taat nattreaa and newaprint aholl be
conditioned for at leoat 48 houra prior to teat
at 7e ± S'F and a relative humidity of leaa thon
551. Teat eater laia choll be taeted within 19
minute* of removal from auch eondltlooe If taat
roon condition* differ from the above.
Taat rnnltlon Sour^f
(.a) The teat Ignition aourca aholl be a
galvanized metol container with 19 double
aheets -of looeely wadded newapoper.
(b) The dlnenslons of the netal container aholl
be approximately 19 , Inchea high, 12 1/2
Inchee top diameter, and S Inchea bottom
diameter.
(c) Coch newsprint double aheet aholl hove the
dlmenaione of 23 x 28 Inchee and a weight
of 16.2 groois ± .5 groma.
(<i) The newaprint shall be positioned In the
container ao that It la approximately level
with the top of the container.
Teat P-nrrif.trr.ft,
(aj Place o weighed. conditioned, complete
nottrese on the apring aupport In a flat
horizontal position as Indleoted In figure
1.
(b) Th
The entire mattraaa ond support aystam
shoil be oasembled on a device capable of
i.ikiiu cor ii^g (na waignc toes o/ tha mattraaa
during combuatlan.
(c) Position a thermocouple directly over the
geometric center of the horizontal mottreaa
surfcca and 1 Inch below the celling.
(d) Place the newsprint filled metal container
beneath the mottreea and lupport auch that
the center of the container la ot the
geometric center of the bottom mottreaa
aur face.
(e) The height of the mottreae aupport aholl be
adjusted ao that the bottom aurfcce of the
mottreaa la 3 ± 1/4 Inchee obove the top of
the metal container.
(f) Start monitoring Instrumentation, Ignite
the newsprint with a match ond allow
combustion to continue until either:
1. All combustion hos ceased; or
2. At least 10 percent by weight of the
nottrees has been consumed.
VII. Teat Crltarlq
A mottreaa folia to meet the requirements of
thla taat procedure If onv of the following
criteria ore exceeded:
1. Greater than 19 percent weight loaa In
the firat 19 minutee of the taat.
2. A temperature of £09"F or greoter at
the thermocouple above the teat
mottreea ot any time during the teat.
3. Carbon monoxide concentration In excaaa
of 1,969 p. p.m. at any point In the
teat roooi at any time during the teat.
VIII. Caution
Fuli-scata fire testa con be dangerous. All
teeta ahould be aupervlsed by experienced teat
peraonnel. Adequate fire suppression aqulpment
and self-contained breathing devices must be
ovollobie for test personnel. Products of
combustion can be Irritating ond dangerous,
therefore, teat peraonnel must ovoid exposure to
smoke ond gosee produced during testing as much
* OS poealble. Full— scale fire teeta should never
be left unottended. Teat personnel muat be
certain upon completion of the teat that
combuatlon Is totally suppressed.
rrans i.
Mnn uot rot txstiki uimuai |g« noM'iti*
eCCBTMCIBI.
Page 188.5
Register 2008, No. 32; 8-8-2008
§ 3304
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3304. Hostages.
Employees must not permit inmates or others to use hostages to escape
from custody or otherwise interfere with orderly institutional operations.
Hostages will not be recognized for bargaining purposes. All inmates,
visitors and staff will be informed of this regulation.
Comment: Former DP-4405, hostages.
Article 5. Inmate Discipline
§3310. Definitions.
The following terms are defined for the purposes of this article:
(a) Camp means the type of subfacility of an institution which is nor-
mally located in a rural area and which has no secure (fenced or walled)
perimeter. Camp inmates are generally assigned to conservation and/or
road details.
(b) Community-access facility means a facility located in the commu-
nity, administered by the Parole and Community Services Division,
where inmates have access to the community for work or training and
which has no secure (fenced or walled) perimeter.
(c) Community correctional facility means a facility located in the
community, administered by the Parole and Community Services Divi-
sion, where inmates do not have unsupervised access to the community
and which has a secure (fenced) perimeter.
(d) Experienced means a permanent employee at the designated level,
certified by the Chief Disciplinary Officer (CDO) or designee as compe-
tent to serve as a senior hearing officer or hearing officer, as specified.
Requirements for certification shall include in-service or on-the-job
training in disciplinary procedures and observation of five serious/admi-
nistrative disciplinary hearings. A probationary, limited term, or training
and development employee at the designated staff level may be certified
as experienced. Acting staff whose permanent position is at a level lower
than that required shall not be assigned senior hearing officer/hearing of-
ficer responsibility.
(e) Facility means any institution; community-access facility or com-
munity correctional facility; or any camp or other subfacility of an insti-
tution under the jurisdiction of the department.
(0 Institution means a large facility or complex of subfacilities with
a secure (fenced or walled) perimeter headed by a warden.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054,
6252 and 6260, Penal Code.
History
1 . Amendment of article 5 heading, repealer and new section filed 5-5-95; opera-
tive 6-5-95 (Register 95, No. 18).
2. Amendment of subsection (d) filed 8-4-2008; operative 8-4-2008 pursuant to
Government Code section 1 1343.4 (Register 2008, No. 32).
§ 331 1 . Reporting Rule Violations.
Note. Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 2-15-80; effecfive thirtieth day thereafter (Register 80, No.
7).
2. Repealer filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
§3312. Disciplinary Methods.
(a) Inmate misconduct shall be handled by:
( 1 ) Verbal Counseling. Staff may respond to minor misconduct by ver-
bal counseling. When verbal counseling achieves corrective action, a
written report of the misconduct or counseling is unnecessary.
(2) Custodial Counseling Chrono. When similar minor misconduct re-
curs after verbal counseling or if documentation of minor misconduct is
needed, a description of the misconduct and counseling provided shall be
documented on a CDC Form 128-A, Custodial Counseling Chrono. A
copy of the completed form shall be provided to the inmate and the origi-
nal placed in the inmate's centra! file. Disposition of any contraband in-
volved shall be documented in the CDC Form 128-A.
(3) Rules Violation Report. When misconduct is believed to be a viola-
tion of law or is not minor in nature, it shall be reported on a CDC Form
1 15 (Rev. 7/88), Rules Violation Report.
(A) Unless an inmate charged with serious misconduct requires tem-
porary administrative segregation pursuant to section 3335(b) pending
adjudication of the disciplinary charges, the inmate may be retained in
regularly assigned housing, work, and program assignments.
(B) If the inmate is placed in segregated housing pending the disciplin-
ary proceedings, the official making the housing decision shall ensure
compliance with the provisions of article 7 of this subchapter.
(b) Chief Disciplinary Officer Review of Disciplinary Actions. All
disciplinary methods and actions shall be reviewed by the chief disciplin-
ary officer, who shall be the institution head or a designee not below the
level of correctional administrator or parole administrator I.
(1) The chief disciplinary officer shall affirm, reverse or modify the
disciplinary action and/or credit forfeiture. The chief disciplinary officer
may order a different action, order a different method of discipline, dis-
miss a charge, order a rehearing of the charge, or combine any of these
actions.
(2) Except upon discovery of information or evidence not available or
reasonably discoverable at the time of a disciplinary action, an order for
a different method of discipHne or for rehearing of the charges shall not
result in greater penalty or more severe action than that originally taken.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and
5054, Penal Code.
History
1 . Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment of subsection (c) filed 2-15-80; effective thirtieth day thereafter
(Register 80, No. 7).
3. Repealer of subsections (c) and (d) and new subsections (c), (d), (e), and (f) filed
4-18-80; effective thirtieth day thereafter (Register 80, No. 16).
4. Amendment of subsection (d) filed 5-4-83; designated effective 6-1-83 pur-
suant to Government Code section 1 1346.2(d) (Register 83, No. 19).
5. Amendment of subsection (b) filed 2-8-88; operadve 3-9-88 (Register 88, No.
7).
6. Editorial correction of printing errors in CDC Forms 115 and 1 15-A and de-
scriptive text (Register 92, No. 5).
7. Amendment including relocation of former subsecfions 3317(a)-(b)(2) to sub-
sections 3312(a)(3)(A)-(B) filed 5-5-95; operative 6-5-95 (Register 95, No.
18).
Page 188.6
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3312
STATE OF CALIFORNIA
RULES VIOLATION REPORT
DEPARTMHNT OF CORRECTIONS
CDC NUMBER
INMATE'S NAME
RELEASE/BOARD DATE
INST
HOUSING NO.
LOG NO.
VIOLATED RULE NO(S).
SPECIFIC ACTS
LOCATION
DATE
TIME
CIRCUMSTANCES
REPORTING EMPLOYEE (Typed Name and Signature)
DATE
ASSIGNMENT
RDO'S
REVIEWING SUPERVISOR'S SIGNATURE
DATE
□ INMATE SEGREGATED PENDING HEARING
DATE LOC.
CLASSIFIED OFFENSE DIVISION:
U ADMINISTRATIVE
D SERIOUS
DATE
CLASSIFIED BY (Typed Name and Signature)
HEARING REFERRED TO
D HO D SHO D SC D EC
COPIES GIVEN INMATE BEFORE HEARING
D CDC 115
BY: (STAFF'S SIGNATURE)
►
DATE
TIME
TITLE OF SUPPLEMENT
n INCIDENT REPORT
LOG NUMBER:
BY: (STAFF'S SIGNATURE)
►
DATE
TIME
BY: (STAFF'S SIGNATURE)
►
DATE
TIME
HEARING
REFERRED TO □ CLASSIFICATION Q BPT/NAEA
ACTION BY: (TYPED NAME)
SIGNATURE
►
DATE
TIME
REVIEWED BY: (SIGNATURE)
►
DATE
CHIEF DISCIPLINARY OFFICER'S SIGNATURE
►
DATE
n COPY OF CDC 1 1 5 GIVEN INMATE AFTER HEARING
BY: (STAFF'S SIGNATURE)
►
DATE
TIME
CDC 115(7/88)
Page 188.7
Register 2008, No. 32; 8-8-2008
§3312 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 115(7/88)
SUMMARY OF DISCIPLINARY PROCEDURES
(See Title 15 California Code of Regulations, Article 5 for details)
ADMINISTRATIVE VIOLATIONS
HEARING
A disciplinary hearing will normally be held within 30 days, but not less than 24 hours from the date you receive your copy of the
CDC 1 15 violation report. You have the right to a fair hearing, but do not have the same procedural rights described for a serious rule
violation. (CCR 3314-3320)
DISPOSITION
At the end of the hearing, you will be advised of the findings and disposition of the charge. Within five working days, following
review of the CDC 1 15 by the Chief Disciplinary Officer, you will be given a copy of the completed rule violation report, which will
contain a statement of the findings and disposition and the evidence relied upon to support the conclusions reached. (CCR 3320)
APPEAL
If you are dissatisfied with the process, findings or disposition, you may submit an inmate appeal, form CDC 602, within fifteen days
following receipt of the finalized copy of the CDC 1 15. When filing your appeal, be sure to attach a copy of the finalized CDC 1 15
and any other pertinent documentation.
ABBREVIATIONS
HO — Hearing Officer; SC — Sub Committee; FC — Full Committee; SHO — Senior Hearing Officer; BPT — Board of Prison Terms.
•
Page 188.8 Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3312
STATE OF CALIFORNIA
SERIOUS RULES VIOLATION REPORT
df:partmhnt of corrkctions
CDC NUMBER
INMATE'S NAME
violated rule N0(S).
date
INSTITUTION
LOG NO.
REFERRAL FOR FELONY PROSECUTION IS LIKELY IN THIS INCIDENT D YES D NO
POSTPONEMENT OF DISCIPLINARY HEARING
I DO NOT REQUEST my hearing be postponed pending
' outcome of referral for prosecution.
INMATE'S SIGNATURE
►
DATE
I REQUEST my hearing be postponed pending outcome
of referral for prosecution.
INMATE'S SIGNATURE
►
DATE
DATE NOTICE OF OUTCOME RECEIVED
DISPOSITION
I REVOKE my request for postponement .
INMATE'S SIGNATURE
►
DATE
STAFF ASSISTANT
STAFF ASSISTANT
n REQUESTED
I] WAIVED BY INMATE
INMATE'S SIGNATURE
►
DATE
D ASSIGNED
DATE
NAME OF STAFF
D NOT ASSIGNED
REASON
INVESTIGATIVE EMPLOYEE
INVESTIGATIVE EMPLOYEE
n REQUESTED D WAIVED BY INMATE
INMATE'S SIGNATURE
DATE
D ASSIGNED
DATE
NAME OF STAFF
•
D NOT ASSIGNED
REASON
EVIDENCE/INFORMATION REQUESTED BY INMATE:
WITNESSES
WITNESSES REQUESTED AT HEARING (IF not present, explain in findings)
D REPORTING EMPLOYEE D STAFF ASSISTANT D INVESTIGATIVE EMPLOYEE D OTHER.
n NONE
WITNESSES (GIVE NAME ANU TITLE OR CDC NUMBER)
NOT
GRANTED GRANTED
D
D
D
WITNESSES (GIVE NAME AND TITLE OR CDC NUMBER) NOT
GRANTED GRANTED
D
D
D
D
INVESTIGATIVE REPORT: Investigative Employees must interview the inmate charged, the reporting employee, and any others who have significant information,
documenting the testimony of each person interviewed. Review of files, procedures, and other documents may also be necessary.
D COPY OF CDC 1 1 5-A GIVEN INMATE
INVESTIGATOR'S SIGNATURE
BY: (STAFF'S SIGNATURE)
►
TIME
DATE
DATE
CDC II 5-A (7/88)
88 86095
-If additional space is required use supplemental pages —
Page 188.9
Register 2008, No. 32; 8-8-2008
§3312 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
SUMMARY OF DISCIPLINARY PROCEDURE AND INMATE RIGHTS
(See Title 15 California Code of Regulations, Article 5 for details)
A. HEARING — A serious rule violation may result in the loss of credits. A hearing will normally be held within thirty (30) days,
but not less than 24 hours, from the date you receive a copy of the Rules Violation Report. An exception is provided in the California
Code of Regulations when a case has been referred for possible prosecution and you have requested, in writing, and been granted, a
postponement pending the outcome of such referral. Failure of staff to meet time constraints will usually act as a bar against denial or
forfeiture of time credits, but will not bar against other authorized disciplinary actions. (CCR 3320)
B . INVESTIGATIVE EMPLOYEE/STAFF ASSISTANCE—
1 . General Information — You may request to have an investigative employee and/or a staff assistant assigned to assist you in the investi-
gation, preparation, or presentation of your defense at the disciplinary hearing if it is determined by staff that ( 1 ) you are illiterate, or
(2) the complexity of the issues, or (3) your confinement status makes it unlikely that you will be able to collect and present the evidence
necessary for an adequate comprehension of your case. (CCR 3315-3318}
2. Stajf Assistant — A staff member will be assigned to assist you in the disciplinary process if you are deemed to be incapable of repre-
senting yourself. The assigned staff will assist you in preparing for the hearing and assist you at the hearing. The staff assistant will
maintain any confidence you request about your past conduct. (CCR 3318)
3. Investigative Employee — An investigative employee, if assigned, will gather information, question staff and inmates, screen wit-
nesses, and complete and submit a written, non-confidential report to the disciplinary hearing officer. You have the right to receive
a copy of the investigative employee's report 24 hours before a hearing is held. (CCR 3318)
4. Witnesses — You may request the presence of witnesses at the hearing who can present facts related to the charges against you. You
may also request the presence of the reporting employee and the investigative employee. You may, under the direction of the hearing
officer, question any witness present at the hearing. The hearing officer may deny the presence of witnesses when specific reasons exist.
(CCR 3315)
5. Personal Appearance — A hearing of the charges will not normally be held without your presence, unless you refuse to attend. (CCR
3320)
C. REFERRAL FOR PROSECUTION — Referrals for prosecution will not delay a disciplinary hearing unless you submit a request
in writing for postponement of the hearing pending the outcome of such referral. You may revoke such request in writing at any time
prior to the filing of accusatory pleadings by the prosecuting authority. A disciplinary hearing will be held within 30 days of staff receiv-
ing your written revocation of your request to postpone the hearing or within 30 days of receiving a response from the prosecuting au-
thority. (CCR 3316-3320)
You have the right to remain silent at a disciplinary hearing and no inference of guilt or innocence will be drawn from your silence.
Any statements you do make may be used against you in criminal proceedings.
D. DISPOSITION — ^At the end of the hearing, you will be advised of the findings and disposition of the charge. Within five working
days, following review of the CDC 1 15 and CDC 1 15- A by the Chief Disciplinary Officer, you will be given a copy of the completed
rule violation report, which will contain a statement of the findings and disposition and the evidence relied upon to support the conclu-
sions reached. (CCR 3320)
E. APPEAL — If you are dissatisfied with the process, findings or disposition, you may submit an inmate appeal form CDC 602, with-
in fifteen days following receipt of the finalized copy of the CDC 1 15/CDC 1 15- A. When filing your appeal, be sure to attach a copy
of the finalized CDC 1 15/CDC 1 15-A, if applicable; and any other pertinent documentafion. (CCR 3003)
F. ABBREVIATIONS— HO— Hearing Officer; SC— Sub Committee; FC— Full Committee; SHO— Senior Hearing Officer;
BPT — Board of Prison Terms.
CDC 1 15-A (7/88)
Page 188.10 Register 2008, No. 32; 8-8-2008
•
•
Title 15
Adult Institutions, Programs and Parole
§3314
§ 3313. Classification of Rules Violation Report and Notice
of Pending Charges.
(a) Each CDC Form 1 1 3 shall be classified by designated staff not be-
low the level required to conduct serious disciplinary hearings. Excep-
tion: In facilities with only one individual at the rank of correctional lieu-
tenant or higher, an experienced correctional sergeant may classify rule
violations.
Reports shall be classified as administrative or serious pursuant to sec-
tions 3314 and 3315.
(DA CDC Form 804 (Rev. 08/00), Notice of Pending CDC-1 1 5, shall
be completed by the classifying official and forwarded, with a copy of the
CDC Form 115 attached, to Case Records within 48 hours of the inmate
being charged with a serious level offense (Division "F" through "A-l").
Case Records staff shall file the CDC Form 804 with an attached copy
of the CDC Form 1 15 in the inmate's Central File (C-File) within one
working day of receipt in the Case Records office.
(A) For parole violators who are charged with any Division "A", "B",
or "C" offense, or any inmate who refuses to sign general and/or special
conditions of parole or any form required by the Department of Justice
explaining his/her responsibility to register under Penal Code section
290, Case Records staff shall ensure that the C-File containing the CDC
Form 804 and attached copy of CDC Form 1 1 5 be expedited to the Classi-
fication and Parole Representative to ensure revocation or revocation ex-
tension processes are initiated.
(b) Staff who review or classify a CDC Form 1 1 5 shall not serve as the
disciplinary hearing official for that rule violation.
(c) The classification of a CDC Form 1 1 5 may be changed as follows:
(1) Before the disciplinary hearing, the official who initially classified
a CDC Form 1 15 or staff at a higher level may change the classification
of the CDC Form 115.
(2) During the disciplinary hearing, the official conducting the hearing
may reduce a serious classification to administrative as a finding of the
hearing if the reduced charge meets the criteria of an administrative
violation as described in section 3314.
(3) After the disciplinary hearing, the chief disciplinary officer may re-
duce a serious classification to administrative if the reduced charge meets
the criteria of an administrative violation as described in section 3314.
(4) After the disciplinary hearing, an administrative classification
shall not be changed to serious unless the chief disciplinary officer or
director orders a rehearing of the charges as a serious rule violation.
(A) When a rehearing is ordered by the chief disciphnary officer or di-
rector, the inmate shall be provided all rights and procedural safeguards
of a serious rule violation hearing.
(B) An order for a rehearing shall be in writing and shall include the
reasons for the order. A copy of the order shall be provided to the inmate.
(C) Time limitations relative to the re-issued CDC Form 115 shall
commence on the date the chief disciplinary officer issues the order to
re-hear pursuant to section 3320(a). Credit forfeiture will not be allowed
if the time limitations were violated on the original CDC Form 115 that
was ordered re-issued/re-heard.
(5) If the CDC Form 1 15 is reclassified from administrative to serious,
the inmate shall receive written notice and shall be subject to the provi-
sions of Section 3315 of these regulations.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2079,
2932 and 5054, Penal Code; In re Hamilton ( 199 1) 230 Cal.App.3d 1 592, 28 1 Cal.
Rptr. 900.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
3. Repealer and new section filed 4-1 8-80; effective thirtieth day thereafter (Reg-
ister 80, No. 16).
4. Amendment of subsection (c) filed 5-4-83; designated effective 6-1-83 pur-
suant to Government Code Section 11 346.2(d) (Register 83, No. 19).
5. Amendment of section heading, section and Note filed 5-5-95; operative
6-5-95 (Register 95, No. 18).
6. Change without regulatory effect amending NoTi; filed 1 1-10-97 pursuant to
section 100, title 1, California Code of Regulations (Register 97. No. 46).
7. Editorial conection establishing correct hierarchy for subsection designators
(Register 2000, No. 23).
8. Amendment of subsection (b) filed 1-9-2004 as an emergency; operative
1-9-2004 ( Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Cer-
tificate of Compliance must be transmitted to OAL by 6-1 7-2004 or emergency
language will be repealed by operation of law on the following day.
9. Amendment of subsection (b) refilled 6-17-2004 as an emergency; operative
6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 1 1 -24-2004 or emer-
gency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
11-16-2004 and filed 12-29-2004 (Register 2004. No. 53).
11. New subsections (a)(1) and (a)(1)(A), amendment of subsections (c)(2)-(3)
and new subsection (c)(4)(C) filed 8-4-2008; operative 8-4-2008 pursuant to
Government Code section 1 1343.4 (Register 2008. No. 32).
§ 3314. Administrative Rule Violations.
(a) Inmate misconduct reported on a CDC Form 1 1 5 shall be classified
administrative if
( 1 ) The misconduct does not constitute a misdemeanor offense, except
as provided in (3) below.
(2) It does not involve any of the following circumstances:
(A) The use or threat of force or violence against another person.
(B) A breach of or hazard to facility security.
(C) A serious disniption of facility operations.
(D) The introduction, use, or possession of controlled substances or al-
cohol.
(E) Possession of dangerous contraband.
(F) Continued failure to meet program expectations.
(G) Any felony offense.
(3) Administrative rule violations include but are not limited to:
(A) Possession of property, materials, items, or substances in excess
of authorized limits, or possession of contraband other than controlled
substances or dangerous contraband.
(B) Misuse of food.
(C) Out-of-bounds presenting no threat to facility security.
(D) Misuse of telephone privileges presenting no threat to facility se-
curity.
(E) Mail or visiting violations presenting no threat to facility security.
(F) Failure to meet work or program expectations within the inmate's
abilities.
(G) Late for or absent without authorization from a work or program
assignment.
(H) Use of vulgar or obscene language.
(I) Failure to follow an itinerary when on temporary community leave
from a community-access facility.
(J) Under the influence (use) of alcoholic beverages, drugs, or intoxi-
cants in a community-access facility.
(K) Failure to comply with departmental grooming standards.
(b) Administrative rule violations shall be heard by a disciplinary hear-
ing official not below the level of a correctional lieutenant, or an experi-
enced correctional counselor I, parole agent I or correctional sergeant.
(c) The inmate does not have the right to call witnesses or to have an
investigative employee assigned.
(d) If deemed necessary by the hearing official, the hearing shall be
suspended and the inmate shall be provided staff assistance pursuant to
section 3318(b).
(e) The hearing official may find the inmate guilty and order one or
more of the following dispositions:
(1) Counseling, with or without a reprimand.
(2) Suspension of privileges specified by the hearing official for no
more than a 30-day period starting the date the rule violation report was
adjudicated, except as authorized in section 3314(e)(10).
(3) Placement into privilege group B or C for no more than a 3()-day
period starting the date the rule violation report was adjudicated.
Page 188.11
Register 2008, No. 32; 8-8-2008
§3315
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(4) Confinement to quarters pursuant to section 3333 for one or more
weekends and/or holidays, not to exceed ten days and not to be imposed
with subsection (6) or suspended confinement.
(5) Assignment to no more than 40 hours of extra duty.
(6) Confinement to quarters for a period not to exceed five consecutive
days. Inmates serving confinement to quarters shall be released to attend
work and program assignments.
(7) Placement of a restriction or hold on the inmate's trust account for
rule violations involving state or personal property as described in sec-
tion 3 1 90 when the inmate refuses to pay for the repair or replacement
of such property or canteen.
(8) Suspension of all or part of any disposition for up to 90 days based
on the inmate's acceptance of and compliance with conditions specified
for suspension of the disposition.
(9) Imposition of all or part of an existing suspended disposition when
the current rule violation is also a violation of conditions imposed at the
time of the suspension.
(10) Inmates placed in ASU, SHU, PSU, Privilege Group D , who are
found guilty of any RVR deemed administrative per this section are sub-
ject to temporary loss of entertainment appliances as follows:
A. Thirty days for the first offense
B. Sixty days for the second offense.
C. Ninety days for the third offense.
(f) The hearing official may find the inmate guilty of the charge but,
in the interest of justice or because of extenuating circumstances, dismiss
the formal rule violation charge and report the misconduct as a custodial
counseling on a CDC Form 128-A pursuant to section 3312. In such
cases the CDC Form 1 15 shall be processed pursuant to section 3326.
(g) The hearing official may find the inmate not guilty and dismiss the
charges.
(h) The hearing official may designate the rule violation serious if it
is determined in the fact-finding phase of an administrative violation
hearing that the misconduct is a serious rule violation. The disciplinary
hearing official shall terminate the hearing and issue a serious CDC Form
115 to the inmate.
(i) Classification Committee Review. When the hearing official deter-
mines that an inmate is a program failure, as defined in section 3000, the
hearing official shall refer the administrative disciplinary action for pos-
sible review by a classification committee to affirm or modify the in-
mates program, work/privilege group, or housing assignment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
3. Amendment of subsection (d)(2) filed 8-22-79; effective thirtieth day thereaf-
ter (Register 79, No. 34).
4. Amendment of subsections (a) and (d)(5) filed 5-4-83; designated effective
6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No.
19).
5. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
6. New subsection (a)(3)(L) filed 10-16-97 as an emergency; operative 10-16-97
(Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of
Compliance must be transnutted to OAL by 3-25-97 or emergency language
will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98
and filed 5-4-98 (Register 98, No. 19).
8. Amendment filed 1-9-2004 as an emergency; operative 1-9-2004 (Register
2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 6-17-2004 or emergency language will
be repealed by operation of law on the following day.
9. Amendment of section, including futher amendment of subsecdon (e)(4), re-
filed 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No.
25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must
be transmitted to OAL by 1 1-24-2004 or emergency language will be repealed
by operation of law on the following day.
10. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
1 1. Amendment of subsections (c)(2)(D)-(E), new subsecdons (c)(2)(F)-(G), re-
pealer of subsection (c)(3)(A). subsection relettering, amendment of subsection
(e)(2) and new subsections (e)(10)-(e)(10)C. filed 8-4-2008; operative
8^-2008 pursuant to Govemment Code section 1 1 343.4 (Reeister 2008, No.
32).
§3315. Serious Rule Violations.
(a) Inmate misconduct reported on a CDC Form 1 15 shall be classified
serious if:
(1) It is a serious disciplinary offense not specified as administrative
in section 33 14(a)(3), an offense punishable as a misdemeanor, whether
or not prosecution in undertaken, or is a felony, whether or not prosecu-
tion is undertaken.
(2) It involves any one or more of the following circumstances:
(A) Use of force or violence against another person.
(B) A breach of or hazard to facility security.
(C) A serious disaiption of facility operations.
(D) The introduction, distribution, possession, or use of controlled
substances, alcohol, or dangerous contraband.
(E) An attempt or threat to commit any act listed in (A) through (D),
coupled with a present ability to carry out the threat or attempt if not pre-
vented from doing so.
(3) Serious rule violations include but are not limited to:
(A) Misconduct reportable to the inmate's releasing authority.
(B) Theft, embezzlement, destruction, or damage to another's person-
al property or state property amounting to more than $50.
(C) Hideout, preparation to escape, or possession of escape parapher-
nalia.
(D) Tattooing or possession of tattoo paraphernalia.
(E) Manufacture of alcohol or possession of any controlled substance,
unauthorized drug, intoxicant, or illegal substance.
(F) Being under the influence or use of alcoholic beverages, controlled
substances, unauthorized drugs or intoxicants in an institution, commu-
nity correctional facility, or camp.
(G) Possession of five dollars or more without authorization.
(H) Acts of disobedience or disrespect which by reason of intensity or
context create a potential for violence or mass disruptive conduct.
(I) Willfully inciting others to commit an act of force or violence.
(J) Refusal to perform work or participate in a program as ordered or
assigned.
(K) Recurring failure to meet work or program expectations within the
inmate's abilities when lesser disciplinary methods failed to correct the
misconduct.
(L) Participafion in a strike or work stoppage.
(M) A repeated pattern of administrative rule violations for the same
offense.
(N) Mail or visiting violations presenting a threat as described in (2)
above.
(O) Harassment of another person, group, or entity either directly or
indirectly through the use of the mail or by any other means.
(P) Throwing any liquid or solid substance on a nonprisoner.
(Q) Unauthorized possession of departmental records or documents
which could affect any inmate's release status.
(R) Refusal to submit to a test for controlled substances or alcohol.
(S) Refusal to provide blood specimens, a saliva sample, and palm and
thumb print impressions pursuant to Penal Code, Part 1 , Title 9, Chapter
6, Articles 1 through 7 (sections 295 et seq.), after receiving written noti-
fication that such specimens and samples must be provided.
(T) Participation in gambling.
(U) Late return or failure to return from a temporary community re-
lease or leave.
(V) Unauthorized possession of materials or substances which have
been modified or altered from their original manufactured state or pur-
pose with their potential to be made, or in the process of being made, into
a weapon; explosive or explosive-making materials; poison, caustic sub-
stance; or any destructive device.
•
Page 188.12
Itegister 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3315
(W) Self mutilation or attempted suicide for the purpose of manipula-
tion.
(X) Involvement in a conspiracy or attempt to do any of the above.
(b) In addition to the disciplinary hearing, the inmate may be subject
to segregation from the general population pursuant to sections 33 1 2 and
3333 through 3345; and referral for prosecution when the misconduct is
a criminal offense.
(c) Hearing. Serious rule violations shall be heard at the Senior Hear-
ing Officer (SHO) or higher level. A SHO shall not be below the level of
a facility captain, correctional captain, correctional counselor III, parole
agent III, or an experienced correctional lieutenant, correctional counsel-
or II, or parole agent II.
(d) An inmate shall be assigned an employee to assist in the investiga-
tion of matters pertaining to a disciplinary action when the chief disci-
plinary officer or designee determines the necessity based on the follow-
ing criteria.
(1) Investigative Employee.
(A) An investigative employee, as described in section 3318(a), shall
be assigned when the staff designated to classify the serious rule violation
determines that:
1. The complexity of the issues require further investigation.
2. The housing status makes it unlikely the charged inmate can collect
and present the evidence necessary for an adequate presentation of a de-
fense.
3. A determination has been made that additional information is neces-
sary for a fair hearing.
(B) The inmate may choose to waive the assignment of an investiga-
tive employee as required by subsection (2) above. The inmate's request
to waive assistance of an investigative employee under this subsection
will be indicated in the "waived by inmate" checkbox on the CDC Form
1 1 5-A and signed and dated by the inmate. The classifying official may
choose to un-assign the investigative employee based on the inmate's
signed waiver on the CDC Form 1 15-A.
(C) Staff who witnessed or who will serve as a hearing official for a
rule violation shall not serve as the investigative employee for that viola-
tion.
(D) The inmate may not select the investigative employee, but may ob-
ject to the one assigned and provide, in writing to the classifying official,
the reasons for the objection. The classifying official shall evaluate the
inmate's objection(s) and, if determined to be reasonable, assign an alter-
nate investigative employee to complete the investigation. If the classify-
ing official determines that the inmate's objections are not reasonable,
the original investigative employee shall complete the investigation. The
inmate's objection must be expressed prior to the beginning of the inves-
tigation. The classifying official shall note on the CDC Form 1 15-A his/
her decision to deny or approve a request for an alternate investigative
employee, and if denied, explain the reason(s) for denial.
(E) Assignment of an investigative employee shall not preclude the as-
signment of a staff assistant.
(2) Staff Assistant.
(A) The inmate shall be assigned a staff assistant, as described in sec-
tion 33 18(b), to assist in the preparation, and presentation of a defense
at the disciplinary hearing if the classifying official determines:
1. The inmate is illiterate or non-English speaking.
2. The complexity of the issues are such that assistance is necessary
so the inmate comprehends the nature of the charges or the disciplinary
process
3. The inmate's disability is such that staff assistance would be neces-
sary for the inmate to participate in the disciplinary process.
(B) At any point prior to the disciplinary hearing, if it is discovered that
the inmate may need a staff assistant, the classifying official or staff at
an equal or higher rank, shall be advised in writing of the need, and if ap-
propriate per section 33 15(d)(2)(A), order the assignment of the staff as-
sistant. If the need for staff assistance is discovered by the hearing official
at the time of the disciplinary hearing, the hearing official shall postpone
the hearing and order the assignment of the staff assistant. In either
instance, the inmate shall be provided at least a 24 hour time period to
allow for preparation with the assigned staff assistant prior to participat-
ing in the disciplinary hearing.
(C) An inmate may refuse to accept the first staff assistant at the time
of assignment or at any time during the disciplinary process.
(D) If the inmate refuses the staff assistant at the time of initial assign-
ment, a second staff assistant shall be assigned.
(E) If the inmate refuses to accept the second staff assistant or with-
draws acceptance of an assigned staff assistant, the assignment of another
staff assistant shall not be required unless the chief disciplinary officer
or designee determines that a fair hearing cannot be held without staff as-
sistance.
( 1 ) Inmate participants in the Mental Health Services Delivery System
at the level of Enhanced Outpatient Program, Mental Health Crisis Bed,
Department of Mental Health, or Developmentally Disabled Program
participants at the level of DD 1-DD3 are ineligible to waive or refuse the
assignment of a staff assistant. The staff assistant shall perform his/her
required duties to the extent possible despite a waiver or refusal by the
ineligible inmate to cooperate.
(F) Assignment of a staff assistant shall not preclude assignment of an
investigative employee.
( 1 ) When an inmate has been assigned a staff assistant and an investi-
gative employee, the staff assistant must be present during any question-
ing by the investigative employee.
(e) Witnesses. An inmate may request that friendly and adverse wit-
nesses attend the hearing.
( 1 ) Requested witnesses shall be called unless the official conducting
the hearing denies the request for one of the following reasons:
(A) The appearance would endanger the witness.
(B) The official determines that the witness has no relevant or addi-
tional information.
(C) The witness is unavailable.
(2) If an inmate's request for a witness is denied, the reasons shall be
documented on the CDC Form 115.
(3) Whether or not the inmate requests a witness, witnesses may be
called if the official conducting the hearing determines the witnesses may
have information necessary to the finding of fact.
(4) The reporting employee shall attend the disciplinary hearing or be
available for questioning via speakerphone if requested by the inmate.
(5) Under the direction of the official conducting the disciplinary hear-
ing, the inmate has the right to ask questions of all witnesses called. The
SHO will screen all questions to ensure they are relevant to the violation
charged.
(6) Nothing in this section shall preclude making a witness available
by speaker phone for a disciplinary hearing.
(f) Disposition. Upon completion of the fact-finding portion of the
disciplinary hearing, the inmate may be found:
(1) Not guilty and the charges dismissed.
(2) Guilty of an administrative rather than a serious rule violation. In
such case, the CDC Form 1 15 shall be reduced to an administrative level
offense and the inmate may be assessed only a disposition authorized in
section 3314.
(3) Guilty as charged or guilty of an included serious rule violation and
assessed a credit forfeiture pursuant to section 3323.
(4) If the violation included an act related to the use, possession, or dis-
tribution of controlled substances, controlled medication, drugs or drug
paraphernalia; or if the inmate refused to submit to a test for controlled
substances or drugs, the disposition shall include an order for the inmate
to submit to mandatory random drug testing for one year from the date
of the order.
(A) For the first offense, the inmate must provide a minimum of one
random drug test per month for one year.
(B) For the second offense, the inmate must provide a minimum of two
random drug tests per month for one year.
Page 188.13
Register 2008, No. 32; 8-8-2008
§3315
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(C) For the third and all subsequent offenses, the inmate must provide
a minimum of four random drug tests per month for one year.
(D) The inmate shall be informed that refusal to submit to a random
test or any positive test result during the mandatory random drug testing
period shall result in the issuance of a CDC Form 1 1 5 and a new mandato-
ry drug testing order.
(5) The disposition may or when mandated shall include assessment
of one or more of the following:
(A) Any combination of penalties authorized for administrative rule
violations in section 3314(e).
(B) Suspension of privileges specified by the hearing official for no
more than a 90-day period starting the date the rule violation report was
adjudicated. The suspension of privileges for violations of subsections
3016(a). 3016(c), and 3290(d) shall be assessed as follows:
1 . Thirty days for the first offense.
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(C) Placement into privilege group B or C for no more than a 90-day
period starting from the date the rule violation report was adjudicated.
(D) Disciplinary detention or confinement to quarters as provided in
sections 3330 and 3333 for not more than a ten-day period. If facility se-
curity will not be jeopardized, the inmate shall be released to attend work
and program assignments.
1. Second offense violations of subsections 3016(a). 3016(c), and
3290(d) shall result in confinement to quarters for five days.
2. Third and all subsequent offense violations of subsections 3016(a),
3016(c), and 3290(d) shall result in confinement to quarters for 10 days.
(E) Referral to a classification committee for consideration of place-
ment in Work Group C.
(F) Suspension of all or part of dispositions other than credit forfei-
tures, ordered random drug testing and classification committee refer-
rals, for up to six months based on the inmate's compliance with the con-
ditions specified for suspension.
(G) Imposition of all or part of an existing suspended disposition when
the current rule violation is a violation of conditions specified in a sus-
pended disposition. Imposition of a suspended disposition shall not in-
clude confinement to quarters or disciplinary detention for a period ex-
ceeding ten days except as provided in section 3322.
(H) For a violation of subsection 3016(c), there shall be a loss of visits
for one year to be followed by non-contact visits for two years.
(I) Loss of visits to be followed by non-contact visits for violations of
subsection 3016(a) (with the exception of alcohol violadons), or 3290(d)
shall be as follows:
1. Loss of visits for 90 days, to be followed by non-contact visits for
90 days for the first offense.
2. Loss of visits for 90 days, to be followed by non-contact visits for
1 80 days for the second offense.
3. Loss of visits for 1 80 days, to be followed by non-contact visits for
180 days for the third offense.
(J) Violation of subsections 3016(a), 301 6(c), and 3290(d) shall result
in:
1 . For the first offense, the inmate shall be required to attend Alcoholic
Anonymous or Narcotic Anonymous meetings or assigned to a substance
abuse education program to the extent such programs are available in the
institution/facility.
2. For the second offense, the inmate shall be referred for endorsement
to a substance abuse program, provided that program eligibility criteria
is met.
3. For the third offense, the inmate shall be referred for endorsement
to a substance abuse program, provided that program ehgibility criteria
is met, and mandatory treatment shall be a condition of parole.
(K) Violation of Indecent Exposure or Sexual Disorderly Conduct of
sections 3007, 3323(d)(7), 3323(f)(5), and 3323(g)(8) shall result in:
1 . First offense violation shall result in loss of any or all of the follow-
ing for up to 90 days: canteen, appliances, vendor packages, telephone
privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in
loss of any or all of the following for up to 180 days: canteen, appliances,
vendor packages, telephone privileges, and personal property.
(L) Inmates placed in ASU, SHU, PSU, Privilege Group D, who are
found guilty of any RVR deemed serious per this section are subject to
temporary loss of entertainment appliances as follows:
1 . Thirty days for the first offense
2. Sixty days for the second offense.
3. Ninety days for the third offense.
(M) Violation of Refusing to Accept Assigned Housing of sections
3005(c) and 3269. 1 shall result in:
1 . First offense violation shall result in loss of any or all of the follow-
ing for up to 90 days: canteen, appliances, vendor packages, telephone
privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in
loss of any or all of the following for up to 1 80 days: canteen, appliances,
vendor packages, telephone privileges, and personal property.
(N) Violation of Refusing to Accept an Inmate Housing Assignment
of subsection 3005(c) shall result in:
1 . First offense violation shall result in loss of any or all of the follow-
ing for up to 90 days: canteen, appliances, vendor packages, telephone
privileges, and personal property.
2. Second offense and subsequent offense violation(s) shall result in
loss of any or all of the following for up to 1 80 days: canteen, appliances,
vendor packages, telephone privileges, and personal property, and refer-
ral to a classification committee for review and determination for pro-
gram failure. An inmate who is deemed a program failure by a classifica-
tion committee is subject to having his/her personal property/appliances
disposed of in accordance with Departmental procedure.
(g) Classification Committee Review. Any serious disciplinary action
requiring reconsideration of an inmate's program, work group, or hous-
ing assignment, shall be referred to the next reasonably scheduled classi-
fication committee for review. This review shall not occur until the chief
disciplinary officer's audit of the CDC Form 1 15 has been concluded.
The classification committee shall affirm or modify the inmate's pro-
gram, work group, or housing assignment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections
295-300.3. 314, 530, 532, 646.9, 647, 653m, 2931, 2932, 2933, 4573.6, 5054,
5068 and 12020, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
3. New subsection (g) filed 9-30-77; effective thirtieth day thereafter (Register
77, No. 40).
4. Amendment of subsection (a)(3), renumbering of subsections (a)(16)-(a)(19)
to (a)(18)-(a)(2] ) and new subsections (a)(16)-(a)(17) filed 3-22-78; effective
thirtieth day thereafter (Register 78, No. 12).
5. Amendment of subsections (a)(3), (b)(4) and (b)(5) filed 8-22-79; effective
thirtieth day thereafter (Register 79, No. 34).
6. Amendment of subsection (d) filed 2-15-80; effective thirtieth day thereafter
(Register 80, No. 7).
7. Amendment of subsection (b)(1) filed 9-24-81 ; effective thirtieth day thereaf-
ter (Register 81 , No. 39).
8. Amendment of subsection (a)(19) filed 2-16-83; effecfive thirtieth day thereaf-
ter (Register 83, No. 8).
9. Amendment of subsections (a), (b)(4), (f)(4) and repealer and new subsecfion
(d) filed 5^1—83; designated effecfive 6-1-83 pursuant to Government Code
Section 1 1346.2(d) (Register 83, No. 19).
10. Editorial correcfion of subsecfions (b) and (c) filed 2-19-85 (Register 85, No.
8).
11. Amendment of subsections (b), (c), (e) and (g) filed 8-7-87 as an emergency;
operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be lepealed
on 12-7-87.
12. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87;
disapproved by OAL (Register 88, No. 16).
13. Amendment of subsections (b), (c), (e) and (g) filed 1-4-88 as an emergency;
operafive 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be
transmitted to OAL within 120 days or emergency language will be repealed
on 5-3-88.
Page 188.14
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§ 3316
14. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-30-88;
disapproved by OAL (Register 88, No. 24).
15. Amendment filed 6-2-88 as an emergency: operative 6-2-88 (Register 88,
No. 24). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-30-88.
16. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register88, No. 50).
17. New subsecfion {a)(14), subsection renumbering, and amendment of Noth
filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A
Certificate of Compliance must be transmitted to OAL 1 1-26-93, or emergency
language will be repealed by operation of law on the following day.
1 8. Certificate of Compliance as to 7-29-93 order transmitted to OAL 1 1-18-93
and filed 12-31-93 (Register 94, No. 1).
19. Amendment of section and NoTii filed 5-5-95; operative 6-5-95 (Register 95,
No. 18).
20. Amendment of subsection (f)(4) filed 7-1-96 as an emergency: operative
7-1-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted
to OAL by 1 2-8-96 or emergency language will be repealed by operation of law
on the following day.
2 1 . Certificate of Compliance as to 7-1-96 order transmitted to OAL 9-23-96 and
filed 1 1-4-96 (Register 96, No. 45).
22. Change without regulatory effect amending subsection (f)(5)(A) filed
1 2-2-96 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 96, No. 49).
23. Amendment of subsections (c), (f)(5)(D) and (g) filed 10-16-97 as an emer-
gency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code sec-
tion 5058(e), a Certificate of Compliance must be transmitted to OAL by
3-25-97 or emergency language will be repealed by operation of law on the fol-
lowing day.
24. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98
and filed 5^-98 (Register 98, No. 19).
25. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98,
No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99
or emergency language will be repealed by operation of law on the following
day,
26. Amendment of subsection (a)(3)(M) filed 12-1-98 as an emergency; operative
12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058re), a Certificate
of Compliance must be transmitted to OAL by 5-10-99 or emergency language
will be repealed by operation of law on the following day.
27. Amendment refiled 2-3-99 as an emergency, including further amendment re-
designating former subsections (f)(5)(I)(l)-(3) as subsections (f)(5)(I)l.-3.;
operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emer-
gency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and
filed 6-4-99 (Register 99, No. 23).
29. Certificate of Compliance as to 2-3-99 order, including new subsection
(f)(5)(H), subsection relettering and amendment of newly designated subsec-
tion (f)(5)(I), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No.
26).
30. New subsecfion (a)(3)(S), subsection relettering and amendment of Note filed
9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant
to Penal Code section 5058(e) a Certificate of Compliance must be transmitted
to OAL by 2-28-2000 or emergency language will be repealed by operation of
law on the following day.
3 1 . Certificate of Compliance as to 9-20-99 order transmitted to OAL 1 - 1 4-2000
and filed 2-22-2000 (Register 2000, No. 8).
32. Amendment of subsection (a)(3)(S) filed 10-4-2002 as an emergency pur-
suant to a certificate of operational necessity under Penal Code section 5058.3;
operative 10-4-2002 (Register 2002, No. 40). Pursuant to Penal Code section
5058.3, this filing is deemed an emergency and a Certificate of Compliance
must be transmitted to OAL by 3-13-2003 or emergency language will be re-
pealed by operation of law on the following day.
33. Certificate of Comphance as to 10-4-2002 order, including further amend-
ment of subsection (a)(3)(S), transmitted to OAL 3-12-2003 and filed
4-8-2003 (Register 2003, No. 15).
34. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsecfion
relettering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register
2004. No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 6-1 7-2004 or emergency language will
be repealed by operation of law on the following day.
35. Amendment of subsecfion (f)(5)(B), new subsecfion (f)(5)(C) and subsecfion
relettering refiled 6-1 7-2004 as an emergency; operative 6-17-2004 (Register
2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 11-24-2004 or emergency language
will be repealed by operafion of law on the following day.
36. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
1 1-16-2004 and filed 12-29-2004 (Register 2004. No. 53).
37. New subsections (f)(5)(L)-(f)(5)(L)2. and amendment of Noth filed
2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pur-
suant to Penal Code section 5058.3, a Certificate of Compliance must be trans-
mitted to OAL by 8-2-2007 or emergency language will be repealed by opera-
tion of law on the following day.
38. Certificate of Compliance as to 2-23-2007 order transmitted to OAL
7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
39. New subsecfions (f)(5)(M)-(f)(5)(M)2. filed 12-28-2007; operative
12-28-2007 pursuant to Government Code section 11343.4 (Register 2007,
No. 52).
40. New subsections (f)(5)(N)-(f)(5)(N)2. filed 3-18-2008 as an emergency; op-
erative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008
or emergency language will be repealed by operation of law on the following
day.
41. Amendment filed 8^1-2008: operative 8-4-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 3316. Referral for Criminal Prosecution.
(a) Except as provided in subsection (b), all criminal misconduct by
persons under the jurisdiction of the department or occurring on facility
property shall be referred by the institution head or designee to appropri-
ate authorities for possible investigation and prosecution when there is
evidence substantiating each of the elements of the crime to be charged.
(1) Referrals for investigation of inmate criminal misconduct shall be
accompanied by a JUS Form 8715 (Rev. 6/88) Department of Justice
Disposition of Arrest and Court Action.
(2) The authority to whom a case is referred shall be asked to provide
the institution head or designee with written notification within ten work-
ing days advising if prosecution shall be initiated.
(3) Inmates shall be notified in writing when misconduct is referred for
possible prosecution.
(b) Notwithstanding evidence substantiating each of the elements of
the crime to be charged, criminal misconduct shall not be referred to the
local district attorney if the local district attorney has submitted written
notification to the institution head including criteria determining that
specified crimes shall not be prosecuted if the crime involved meets such
criteria.
(c) Referral of an inmate's misconduct for prosecution shall not stay
the time limits for a disciplinary hearing unless the inmate submits a writ-
ten request to the chief disciplinary officer or signs and dates the CDC
Form 115-A (Rev. 7/88), Serious Rules Violation Report, requesting
postponement of the hearing pending the outcome of the referral.
( 1 ) A postponed disciplinary hearing shall be held within 30 days after
any one of the following events:
(A) The inmate has revoked a postponement request; an inmate may
revoke a postponement request any time until the prosecuting criminal
authority has filed an accusatory pleading against the inmate. The request
shall be submitted in writing to the chief disciplinary officer or designee
who shall complete the CDC Form 1 1 5-A revoking the postponement re-
quest.
(B) Written notice is received from the institution head or designee
that the inmate's misconduct will not be referred for prosecution pur-
suant to subsection (b).
(C) Written notice is received that the prosecuting authority does not
intend to prosecute.
(D) Written notice is received that the criminal proceedings are termi-
nated without an acquittal.
(2) A decision to not prosecute or a court's dismissal of criminal
charges without acquittal shall not prohibit or alter a departmental disci-
plinary hearing on the rule violation charges.
(3) A court verdict of guilty or not guilty, resulting from a trial, shall
be accepted as the finding of fact on the same charges in a disciplinary
hearing. Should the court accept a plea agreement or negotiated settle-
ment resulting in a conviction for a lesser offense than was originally
charged, or if a court dismisses a charge prior to trial, the Department
shall not be precluded from taking appropriate administrative action
based on the facts contained in the original charge. If a court finds the in-
Page 188.15
Register 2008, No. 32; 8-8-2008
§3317
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
mate not guilty after a finding of guilty in a disciplinary hearing, the rule
violation charges shall be dismissed.
(4) Any verdict of the court shall not prohibit or reverse the actions of
a disciplinary hearing on any lesser offenses included in the criminal
charge.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and
5054, Penal Code.
History
1. Amendment filed 5-13-77; effective thirtieth day thereafter (Recister 77. No.
20).
2. Amendment filed 6-30-77 as an emersency: effective upon filine (Register 77,
No. 27).
3. Amendment of subsection (d) filed 9-29-77 as an emergency; effective upon
filing. Certificate of Compliance included (Register 77, No. 40).
4. Amendment of subsection (b) filed 8-22-79; effective thirtieth day thereafter
(Register 79, No. 34).
5. Amendment filed 1 1-1-79 as an emergency; effective upon filing (Register 79,
No. 44). A Certificate of Compliance must be filed within 120 days or emergen-
cy language will be repealed on 3-1-80.
6. Certificate of Compliance including amendment of subsection (c) filed 2- 1 5-80
(Register 80. No. 7).
7. Amendment filed 12-1-80 as an emergency; designated effecfive 1-1-81 (Reg-
ister 80, No. 49).
8. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to Govern-
ment Code Secfion 1 1349.6 (Register 80, No. 49).
9. Amendment filed 9-24-81; effecfive thirtieth day thereafter (Register 81, No.
39).
10. Amendment of subsection (e)(2) and (e)(3) filed 5-4-83; designated effective
6-1-83 pursuant to Government Code Secfion 1 1346-2(d) (Register 83. No.
19).
1 1 . Amendment filed 10-24-88; operative 1 1-23-88 (Register 88, No. 45).
12. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
13. Amendment of subsecfion (c)(3) filed 11-3-97 as an operafional emergency
pursuant to Penal Code section 5058(e); operative 1 1-3-97 (Register 97, No.
45). A Certificate of Compliance must be transmitted to OAL by 4-13-98 or
emergency language will be repealed by operauon of law on the following day.
14. Certificate of Compliance as to 1 1-3-97 order transmitted to OAL 2-3-98 and
filed 3-12-98 (Register 98, No. 11).
§ 3317. Mental Health Evaluations for Disciplinary
Hearings.
Inmates in the Mental Health program or any inmate showing signs of
possible mental illness may require a CDC 1 15 MH (Rev. 06/06), Rules
Violation Report: Mental Health Assessment.
All inmates at the EOF. MHCB, and DMH level of care, who receive
a CDC 1 1 5, Rules Violation Report shall be referred for a Mental Health
Assessment. All inmates in CCCMS or non-MHSDS inmates who re-
ceive a CDC 1 1 5 Rules Violation Report, and who exhibit bizarre, unusu-
al or uncharacteristic behavior at the time of the rules violation shall be
referred for a Mental Health Assessment. An inmate shall be referred for
a mental health evaluation prior to documenting misbehavior on a CDC
Form 115, Rules Violation Report, in any case where the inmate is sus-
pected of self mutilation or attempted suicide. If the mental health evalu-
ation determines that it was an actual suicide attempt, a CDC Form 115
shall not be written and the behavior shall be documented on a CDC Form
128B(Rev.4/74), General Chrono, for inclusion in the inmate's central
file.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Repealer and new section filed 3-24-78 as an emergency; effective upon filing
(Register 78, No. 12).
3. Certificate of Compliance filed 6-15-78 (Register 78, No. 24).
4. Repealer and new section filed 9-24-8 1 ; effective thirtieth day thereafter (Reg-
ister 81, No. 39).
5. Relocadon and amendment of former subsections 331 7(a)-(b)(2) to subsections
3312(a)(3)(A)-(B) and new section filed 5-5-95; operative 6-5-95 (Register
95, No. 18).
6. Editoiial correction deleting formerly relocated text (Register 95, No. 34).
7. Amendment of section heading and subsection (a), and repealer of subsections
(b)-(b)(2) filed 8-23-95 as an emergency; operative 8-23-95 (Register 95, No.
34). A Certificate of Compliance must be transmitted to OAL by 1-30-96 or
emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-23-95 order transmitted to OAL 1-8-96 and
filed 2-16-96 (Register 96, No. 7).
9. Amendment filed 8-4-2008; operative 8^-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 3318. Assistance to Inmates for Serious Rule Violations.
(a) Investigative employee. The investigative employee is designated
to gather information for the senior hearing officer or disciplinary hear-
ing committee as described in section 3315(d)(1)(A).
(1) The investigative employee shall;
(A) Interview the charged inmate.
(B) Gather information.
(C) Question all staff and inmates who may have relevant information.
(D) Screen prospective witnesses.
(E) Submit a written report to the senior hearing officer or disciplinary
committee chairperson to include witness statements and a summary of
the information collected specific to the violation charged.
(2) A copy of the investigative employee's report shall be provided to
the inmate no less than 24 hours before a disciplinary hearing is held.
(3) When an investigative employee provides assistance to an inmate,
in lieu of or in addition to that provided by a staff assistant, the investiga-
tive employee shall do so as a representative of the official who will con-
duct the disciplinary hearing rather than as a representative of the inmate.
(4) An investigative employee is not subject to the confidentiality pro-
visions of subsection (b)(2)(A) and shall not withhold any information
received from the inmate.
(b) Staff Assistant.
(1 ) The assigned staff assistant shall:
(A) Inform inmates of their rights and of the disciplinary hearing pro-
cedures.
(B) Advise and assist in the inmate's preparation for a disciplinary
hearing, represent the inmate's position at the hearing, ensure that the in-
mate's position is understood, and that the inmate understands the deci-
sions reached.
(C) Refrain from giving legal counsel or specifying the position the in-
mate should take in any disciplinary, classification or criminal proceed-
ing.
(2) The inmate shall be informed that:
(A) The staff assistant shall keep confidential any information the in-
mate may disclose concerning the charges for which the staff assistant
was assigned.
(B) All evidence and information obtained and considered or devel-
oped in the disciplinary process may be used in court if the violation has
been or is to be referred for criminal prosecution.
(3) If the staff assistant becomes aware that the inmate is contemplat-
ing future criminal conduct, the staff assistant shall disclose this informa-
tion if necessary to protect potential victims and prevent the contem-
plated crime.
(4) The staff assistant shall inform the inmate that all evidence and in-
formation obtained and considered or developed in the disciplinary pro-
cess may be used in court if the same charges have been or are to be re-
ferred to the district attorney for possible criminal prosecution.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and
5054, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Amendment filed 8-17-79 as an emergency; effective upon filing (Register 79,
No. 33). A Certificate of Compliance must be filed within 120 days or emergen-
cy language will be repealed on 12-15-79.
3. New subsection (e) filed 1 1-1-79 as an emergency; effective upon filing (Reg-
ister 79, No. 44). A Certificate of Compliance must be filed within 120 days or
emergency language will be repealed on 3-1-80.
4. Certificate of Compliance as to 8-1 7-79 order filed 1 2-14-79 (Register 79, No.
50).
5. Certificate of Compliance as to 1 1-1-79 order filed 2-15-80 (Register 80, No.
7).
6. Amendment filed 2-15-80; effective thirtieth day thereafter (Register 80. No.
7).
7. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Govern-
ment Code Section 1 1 346.2(d) (Register 83, No. 19).
Page 188.16
Register 2008, No. 32; 8-8-
Title 15
Adult Institutions, Programs and Parole
§3320
8. Amendment of section heading and section filed 5-5-95; operative 6-5-95
(Register 95, No. 18).
9. Amendment of subsections (a), (a)( 1 )(E) and (b)(2)(A)-(B) filed 8-4-2008; op-
erative 8—4-2008 pursuant to Government Code section 1134.1.4 (Register
2008, No. 32).
§3319. Investigative Employees.
History
1. Amendment of subsection (a) filed 5-13-77; effective thirtieth day thereafter
(Register 77. No. 20).
2. Amendment filed 8-18-78; effective thirtieth day thereafter (Register 78, No.
33).
3. Repealer filed 5-4-83; designated effective 6-1-83 pursuant to Government
Code Section 11 346.2(d) (Register 83, No. 19).
§ 3320. Hearing Procedures and Time Limitations.
(a) A classified copy of the CDC Form 1 15 per section 33 13(a), CDC
Form 1 1 5-A (Rev. 07/88), and any additional/supplemental information
documented via the CDC Form 1 15-C (Rev. 5/95) containing any ele-
ments of the violation charged shall normally be provided to the inmate
within 1 5 days from the date the information leading to the charges is dis-
covered by staff or, in the case of an escapee, within 1 5 days after the es-
capee' s return to the department's custody.
( 1 ) Providing the inmate with a copy of the classified CDC Form 115,
CDC Form 11 5-A. and CDC Form 1 15-C (if applicable) may be delayed
beyond 15 days, but no more than an additional 30 days for a total of 45
days, and shall not prohibit forfeiture of credits as a penalty for the mis-
conduct when all of the following criteria are met:
(A) The misconduct could be prosecuted as murder, attempted mur-
der, or battery on staff.
(B) An investigation is continuing to identify others involved in the
misconduct.
(C) Within 15 days of discovering the misconduct, a written request
to delay the inmate's notification, including the reasons for the delay, is
approved by the chief disciplinary officer.
(2) Time limitations for a re-issued CDC Form 1 15 shall commence
on the date the chief disciplinary officer orders the re-hearing pursuant
to Subsection 3320(a)(1) above.
(b) The charges shall be heard within 30 days from the date the inmate
is provided a classified copy of the CDC Form 1 1 5 unless the charges
were referred for possible prosecution and the inmate has been granted
a request for postponement of the disciphnary proceedings pending the
outcome of the referral, if exceptional circumstances exist pursuant to
section 3000, or the inmate is transferred out of the custody of the depart-
ment.
( 1 ) The Hearing for a CDC Form 1 15 ordered re-issued/re-heard shall
be conducted pursuant to Subsection 3320(b) above relative to the re-is-
sued copy.
(c) A disciplinary hearing shall not be held until the inmate has been
provided:
( 1 ) A classifieid copy of the CDC Form 1 15 and all non-confidential
reports containing information relative to the charge, including the inves-
tigative employee's report.
(2) At least 24 hours to review the material and prepare for the hearing.
The hearing may be held earlier if the inmate waives the 24— hour period.
(d) A hearing may be postponed up to 30 days upon receipt of the in-
mate' s written request to the CDO showing a reasonable need for post-
ponement. The CDO will evaluate the request and approve or deny it
based on its credibility. Postponement shall not bar any credit forfeiture.
(e) If a hearing is postponed for any reason, such reason shall be docu-
mented in the findings section of the CDC Form 115.
(f) The following events shall preclude denial or forfeiture of credits:
( 1 ) The inmate was not provided a copy of the CDC Form 1 15 within
15 days after the discovery of information leading to the charges except
as other provided in (a).
(2) The official conducting the hearing did not establish that the infor-
mation or evidence was not reasonably discoverable within 30 days or
sooner or when the inmate is not provided a copy of the CDC Form 1 1 5
within 15 days of the misconduct, unless (a) is applicable.
(3) The disciplinary hearing was not held within 30 days of the dale
the inmate was provided a classified copy of the CDC Form 1 1 5, unless
the inmate requested and was granted a postponement of the hearing
pending outcome of the referral pursuant to section 33 16, exceptional cir-
cumstances as defined in Section 3000 exist, or if the inmate is trans-
ferred out of the custody of the department.
(4) A disciplinary hearing was not held within 30 days after the chief
disciplinary officer was notified of the outcome of a prosecution referral
or within 30 days of the inmate's revoked request for postponement of
the hearing, if an accusatory pleading was not filed against the inmate.
(5) The inmate was not provided a written explanation of the excep-
tional circumstances preventing a hearing within 30 days after the inmate
was provided a copy of the CDC Form 1 15 and the official conducting
the hearing did not establish in the findings of the hearing that the delay
did not prejudice the inmate.
(g) The inmate shall normally be present at a disciplinary hearing.
When a disciplinary hearing is held without the inmate present, the rea-
son for the absence shall be documented during the hearing on the CDC
Form 1 15. The inmate shall be present at a disciplinary hearing unless:
( 1 ) A psychiatrist has determined that the inmate suffers from a serious
mental disorder preventing the inmate's understanding of or participa-
tion in the hearing, and there is a compelling reason or need to proceed
with the hearing.
(2) The inmate was convicted of escape in court and has not been re-
turned to the facility or jurisdiction from which the escape occurred.
(3) The inmate has waived the right to be present in writing, or in the
case of a refusal to sign a waiver, the refusal was witnessed by a custody
officer, documented on a CDC Form 1 28-B (Rev. 4/74), and attached to
the CDC Form 1 15 for review by the Senior Hearing Officer at the disci-
plinary hearing and by the Chief Disciplinary Officer following adju-
dication of the ailes violation report.
(h) Staff who observed, reported, classified, supplied supplemental re-
ports to, or investigated the alleged rule violation; who assisted the in-
mate in preparing for the hearing; or for any other reason have a predeter-
mined belief of the inmate' s guilt or innocence shall not hear the charges
or be present during deliberations to determine guilt or innocence and
disposition of the charges.
(i) An inmate witness shall not be transferred between facilities to tes-
tify at a hearing unless the chief disciplinary officer of the facility hearing
the charges determines a fair and impartial hearing cannot be conducted
unless the witness is present. When a witness is not available, the chief
disciplinary officer of the facility where the witness is located shall be no-
tified of the need to appoint an investigative employee to discuss the case
with the investigative employee of the facility conducting the disciplin-
ary hearing; to interview the witness, prepare a written investigative re-
port, and forward the report to the facility where the hearing will be con-
ducted.
(j) When an inmate whose rule violation charges are being adjudicated
is ordered to leave the hearing room, all witnesses, including staff wit-
nesses, shall also leave the room. The inmate has a right to be present
when any witness is present at the hearing.
(k) When a serious rule violation occurs during transportation of an in-
mate, transporting staff witnesses shall be present at the hearing if re-
quested, or shall be available for questioning by telephone during the dis-
ciplinary hearing.
(/) The inmate may present documentary evidence in defense or miti-
gation of the charges. Any finding of guilt shall be based upon determina-
tion by the official(s) conducting the disciplinary hearing that a prepon-
derance of evidence submitted at the hearing substantiates the charge. At
the conclusion of the disciphnary hearing, the inmate shall be informed
of the findings and disposition of the charge and of the right to and proce-
dure for appeal of the action. Within five working days following review
of the CDC Form 115 and CDC Form 1 15-A by the chief disciplinary
Page 188.17
Register 2008, No. 32; 8-8-2008
§ 3320.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
officer, ihe inmale shall be provided a copy of the completed CDC Form
115 containing the findings, disposition, and evidence relied upon in
reaching the conclusions.
(m) When an inmate is charged with possession of unauthorized or
dangerous items or substances, or when unauthorized or dangerous items
or substances are associated with commission of the charged rule viola-
tion, the hearing official shall record the disposition of the item or sub-
stance in the disposition section of the CDC Form 115.
NOTIi; Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and
5054, Penal Code.
History
1 . Amendment of subsection (b) filed 12-1-80 as an emergency; designated effec-
tive 1-1-81 (Register 80, No. 49). For prior history, see Register^80, No. 16.
2. Order of Repeal of 12-1-80 order filed 12-5-80 by OAL pursuant to Govern-
ment Code Section 1 1349.6 (Register 80, No. 49).
3. Amendment of subsection (c) filed 12-8-80; effective thirtieth day thereafter
(Register 80. No. 50).
4. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter
(Register 81, No. 39).
5. Amendment of subsections (a)-(d) filed 5-4-83; designated effective 6-1-83
pursuant to Government Code Section 1 1346.2(d) (Register 83, No. 19).
6. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
7. New subsection (1) filed 2-8-88; operative 3-9-88 (Register 88, No. 7).
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL 1 2^1-87 ; dis-
approved by OAL (Register 88, No. 16).
9. Amendment filed 1^-88 as an emergency; operative 1^1-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
10. Certificate of Compliance as to 1^-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
11. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88,
No. 24) A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-30-88.
12. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
13. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
1 4. Change without regulatory effect amending subsection (a)( 1 )( A) filed 5-7-96;
operative 6-6-96 (Register 96, No. 19).
15. Amendment filed 8-4-2008; operafive 8-4-2008 pursuant to Government
Code secdon 11 343.4 (Register 2008, No. 32).
§ 3320.1 . Hearings for Transferred Inmates.
(a) An inmate's pending disciplinary hearing shall be conducted be-
fore the inmate is transferred to another facility unless any one of the fol-
lowing circumstances apply:
( 1 ) An emergency transfer to a higher security level is necessary based
on charges of involvement in a major disturbance or serious incident.
(2) The inmate is charged with escape from a Level I or II facility and
will not be returned to the facility from which the inmate escaped.
(3) The inmate requires emergency medical or psychiatric treatment.
(b) When an inmate is transferred before a disciplinary hearing or a re-
hearing is ordered on the rule violation charges after the inmate's trans-
fer, one of the following methods shall be used to facilitate the disciplin-
ary hearing process:
(1) The inmate may be returned to the facility where the violation oc-
curred.
(2) The institution head at the facility where the violation occurred
may request the hearing be conducted by staff where the inmate is cur-
rently housed or staff from the facility where the violation occurred may
conduct the hearing at the facility where the inmate is housed.
(A) Facility staff where the rule violation occurred may appoint an in-
vestigative employee to conduct an investigation and prepare a report as
outlined in section 3318.
(B) If a staff assistant is appointed, the staff assistant shall be present
at the disciplinary hearing.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Sections 2932,
5054 and 5068, Penal Code.
History
1 . New section filed 8-7-87 as an emergency; operadve 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operadve 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1^-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
7. Amendment filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
§ 3321 . Confidential Material.
(a) The following types of information shall be classified as confiden-
tial:
(1) Information which, if known to the inmate, would endanger the
safety of any person.
(2) Information which would jeopardize the security of the institution.
(3) Specific medical or psychological informadon which, if known to
the inmate, would be medically or psychologically detrimental to the in-
mate.
(4) Information provided and classified confidential by another gov-
ernmental agency.
(b) Uses of specific confidential material.
(1) No decision shall be based upon information from a confidential
source, unless other documentation corroborates information from the
source, or unless the circumstances surrounding the event and the docu-
mented reliability of the source sadsfies the decision maker(s) that the in-
formadon is true.
(2) Any document containing information from a confidendal source
shall include an evaluadon of the source's reliability, a brief statement of
the reason for the conclusion reached, and a statement of reason why the
informadon or source is not disclosed.
(3) The documentadon given to the inmate shall include:
(A) The fact that the information came from a confidendal source.
(B) As much of the informadon as can be disclosed without idendfying
its source including an evaluadon of the source's reliability; a brief state-
ment of the reason for the conclusion reached; and, a statement of reason
why the information or source is not disclosed.
(c) A confidendal source's reliability may be established by one or
more of the following criteria:
(1) The confidendal source has previously provided information
which proved to be true.
(2) Other confidential source have independently provided the same
information.
(3) The informadon provided by the confidendal source is self-incri-
minating.
(4) Part of the informadon provided is corroborated through invesdga-
don or by informadon provided by non-confidendal sources.
(5) The confidendal source is the vicdm.
(d) Filing confidendal material.
( 1 ) Only case information meeting the criteria for confidentiality shall
be filed in the confidendal secdon of an inmate's/parolee's central file.
(2) Proposed confidendal documents shall be reviewed, signed, and
dated by a staff person at the correcdonal counselor III, parole agent III,
correctional captain, or higher staff level to indicate approval of the con-
fidendal designadon and placement in the confidendal section of the cen-
tral file.
(3) Classificadon committees shall review the material filed in the
confidendal folder of each case considered. Any material not approved
but designated confidendal shall be removed from the folder and sub-
mitted to the designated staff person for review and determination.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 1798.34,
1798.40, 1798.41 and 1798.42, Civil Code; Section 6255, Government Code; Sec-
Page 188.18
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3323
tions 208 1.5, 2600. 2601 , 2932, 5054 and 5068, Penal Code; and Illinois v. Gates,
462 U.S. 213(1983).
History
1. Repealer and new section filed 8-7-87 as an emergency: operative 8-7-87
(Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88. No. 16).
3. Repealer and new section filed 1-4-88 as an emergency; operative 1^1-88
(Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88. No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88
(Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
7. Amendment of subsection (c)(4) and NoTli filed 8-30-99 as an emergency; op-
erative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
§ 3322. Length of Confinement.
(a) No inmate shall be kept in disciplinary detention or confined to
quarters more than ten days. The chief disciplinary officer may shorten
time spent in disciplinary detention or confined to quarters if the inmate
appears ready to conform and the facility disciplinary process will bene-
fit by such an action. When the disciplinary detention or confined to quar-
ters disposition has expired and continued segregation is deemed neces-
sary, the inmate shall be processed pursuant to section 3335.
(b) Time spent in segregation pending a disciplinary hearing shall nor-
mally be credited toward any disciplinary detention or confined to quar-
ters sentence imposed. Reasons for not granting such credit shall be ex-
plained in the disposition section of the CDC Form 1 15.
(c) No inmate shall be confined to quarters or otherwise deprived of
exercise as a disciplinary disposition longer than ten days unless, in the
opinion of the institution head, the inmate poses such an extreme man-
agement problem or threat to the safety of others that longer confinement
is necessary. The director's written approval is required for such ex-
tended confinement.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register
95, No. 18).
§ 3323. Disciplinary Credit Forfeiture Schedule.
(a) Upon a finding of guilt of a serious rule violation, a credit forfeiture
against any determinate term of imprisonment or any minimum eligible
parole date for an inmate sentenced to an indeterminate sentence, as de-
fined is section 3000 Indeterminate Sentence Law (ISL), shall be as-
sessed within the ranges specified in (b) through (h) below:
(b) Division "A-1" offenses; credit forfeiture of 181-360 days.
( 1 ) Murder, attempted murder, and solicitation of murder. Solicitation
of murder shall be proven by the testimony of two witnesses, or of one
witness and corroborating circumstances.
(2) Manslaughter.
(3) Battery causing serious injury.
(4) Assault or battery with a deadly weapon or caustic substance.
(5) Rape, attempted rape, sodomy, attempted sodomy, oral copulation,
and attempted oral copulation against the victim's will.
(6) Taking a hostage.
(7) Escape with force or violence.
(8) Possession, manufacture, or attempted manufacture of a deadly
weapon or explosive device.
(9) Solicitation to commit an offense listed in subsections (b)(3),
(b)(4) or (b)(5) above.
(c) Division "A-2" offenses; credit forfeiture of 151-180 days.
(1) Arson involving damage to a structure or causing serious bodily
injury.
(2) Possession of flainmable, explosive, or combustible material with
intent to bum any structure or property.
(3) Destruction of state property valued in excess of $400 during a riot
or disturbance.
(4) Any other felony involving violence or injury to a victim not .spe-
cifically listed in this schedule.
(5) Attempted escape with force or violence.
(6) Introduction or distribution of any controlled substance, as defined
in section 3000, in an institution/facility or contract health facility.
(7) ExtorUon by means of force or threat.
(8) Conspiracy to commit any Division "A-l" or 'A-2" offense.
(9) Solicitation to commit an offense listed in .subsecUons (c)(1),
(c)(3), or (c)(8) above.
(d) Division "B" Offenses; credit forfeiture of 121-150 days.
( 1 ) Battery on a peace officer not involving the use of a weapon.
(2) Assault on a peace officer by any means likely to cause great bodily
injury.
(3) Battery on a non-prisoner.
(4) Threatening to kill or cause serious bodily injury to a public offi-
cial, their immediate family, their staff, or their staffs immediate family.
(5) Escape from any institution or community correctional facility oth-
er than a camp or community-access facility.
(6) Theft, embezzlement, destruction, or damage to another's personal
property, state funds, or state property valued in excess of $400.
(7) Unauthorized possession of any controlled substance as defined in
section 3000, including marijuana, in an institution/facility or contract
health facility.
(A) Progressive disciplinary credit forfeiture for violations described
in (6) above are as follows:
1. Credit forfeiture of 121-130 days for the first offense.
2. Credit forfeiture of 131-140 days for the second offense.
3. Credit forfeiture of 141-150 days for the third offense.
(8) Indecent Exposure with prior court conviction under PC 3 14 or PC
288.
(9) Any felony not involving violence or the use of a weapon not listed
in this schedule.
(10) Conspiracy to commit any Division "B" offense.
(11) Solicitadon to commit an offense as listed in subsecUons (d)(1)
or (d)(2) above.
(e) Division "C" offenses; credit forfeiture of 91-120 days.
(1 ) Escape without force from a camp or community-access facility.
(2) Attempted escape without force from an institution or community
correctional facility other than a camp or community-access facility.
(3) Furnishing equipment for or aiding and abetting an escape or es-
cape attempt.
(4) Attempted extortion by means of threat.
(5) Bribery.
(6) Arson.
(7) Forgery, falsificafion, or alteration of any official record or docu-
ment prepared or maintained by the department which could affect a term
of imprisonment.
(8) Possession of any narcotic, drug, or controlled substance in a com-
munity-access facility.
(9) Unauthorized possession of drug paraphernalia as defined in Sec-
tion 3000.
(10) The physical possession of alcohol in an institution/facility or
contract health facility.
(11) Accessory to any felony offense.
(12) Conspiracy to commit any Division "C" offense.
(13) Solicitation to commit an offense listed in subsections (e)(5),
(e)(6), or (e)(7) above.
(f) Division "D" offenses; credit forfeiture of 61-90 days.
Page 188.19
Register 2008, No. 32; 8-8-2008
§ 3323
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) Use of a controlled substance (except marijuana or Barbiturates),
as identified in H&wSC 1 1007, based solely on a positive test result from
an approved departmental testing method.
(2) Being under the influence of alcohol, any drug, controlled sub-
stance, or other intoxicant, as defined in section 3000 and unable to exer-
cise care for personal safety or the safety of others.
(3) Participating in a riot, rout, or unlawful assembly.
(4) Inciting a riot.
(5) Indecent Exposure without a prior court conviction under PC 314
or PC 288.
(6) Willfully resisting, delaying, or obstructing any peace officer in the
performance of duty.
(7) Late return from a temporary community leave.
(8) Assault or battery on a prisoner with no serious injury.
(9) Fighting.
(10) Assault of a peace officer by any means not likely to cause great
bodily injury.
(11) Conspiracy to commit any Division "D" offense.
(12) Solicitation to posses, distribute or introduce an controlled sub-
stance into a institution or contract health facility.
(g) Division "E" offenses; credit forfeiture of 31-60 days.
( 1 ) Theft, embezzlement, destruction, or damage to another's personal
property, state funds or state property valued at less than $400.
(2) Possession of alcoholic beverages or intoxicating substances in a
community-access facility under the jurisdiction of CDCR.
(3) Consensual participation in sodomy or oral copulation.
(4) Forgery or falsification or alteration of any government document
or record not affecting an inmate's term of imprisonment.
(5) Gambling in an institution, community correctional facility, or
camp other than a community-access facility.
(6) Refusal to provide blood specimens, a saliva sample, or palm and
thumb print impressions pursuant to Penal Code sections 295 through
300.3, after receiving written notification in accordance with PC section
298. 1 that they must be provided.
(7) Sexual Disorderly Conduct.
(8) Commission of any misdemeanor offense not listed in this sched-
ule.
(9) Conspiracy to commit any Division "E" offense.
(10) Solicitation to commit an offense listed in subsections (g)(4) or
(g)(7) above.
(h) Division "F" offenses; credit forfeiture of 0-30 days.
(1 ) Gambhng in a community-access facility.
(2) Late return to a community-access facility.
(3) Use of marijuana, barbiturates or alcohol based solely on a positive
test result from an approved departmental testing method.
(4) Misuse, alteration, unauthorized acquisition, or exchange of per-
sonal property, state funds, or state property.
(5) Refusing to provide a urine specimen for the purpose of testing for
the presence of controlled substance(s) or alcohol.
(6) The fermentation or distillation of materials in a manner consistent
with the production of alcohol.
(7) Possession of dangerous contraband as identified in section 3000.
(8) Unauthorized possession or distribution of medication (not identi-
fied as a controlled substance in section 3000).
(9) Work related offenses:
(A) Refusal to work or perform assigned duties;
(B) Continued failure to perform assigned work or participate in a
work/training program.
(10) Any other serious rule violation meeting the criteria listed in sec-
tion 3315, not a crime, and not identified as administrative in section
3314.
(i) Nothing in this section shall prevent the department from seeking
criminal prosecution for any conduct constituting a violation of the law
or from imposing one or more of the authorized punitive, preventative,
or control measures described in these regulations, in addition to forfei-
ture of credits.
(j) Inmates shall be provided written notice of any credit forfeited by
disciplinary action, of anticipated release date changes based on credit
forfeiture set aside through the departmental appeal process, or a Board
of Prison Terms review.
(k) If an inmate is held beyond an established parole date because of
a disciplinary or prosecution action, the number of days the inmate is
overdue when released shall be deducted from their parole period when
one or more of the following apply:
(1) The inmate is found not guilty of the charges.
(2) No credit is forfeited as a result of the disciplinary hearing.
(3) An inmate appeal results in reduction of the credit forfeiture or-
dered in the disciplinary hearing.
(4) A Board of Prison Terms review results in restoration of all or part
of the credit forfeiture ordered in the disciplinary hearing.
NOTE: Authority cited; Section 5058, Penal Code. Reference: Sections 148, 243,
295-300.3, 314, 647, 2932, 2933, 4573.6, 4600, 5054 and 12020, Penal Code.
History
1 . Amendment of subsection (a)(3) and new subsection (a)(3)(E) filed 12-1-78 as
an emergency; designated effective 1-1-79. For prior history, see Resister 77,
No. 40.
2. Certificate of Compliance filed 2-22-79 (Register 79, No. 8).
3. Amendment of subsection (a) filed 8-22-79; effective thirtieth day thereafter
(Register 79, No. 34).
4. Amendment filed 11-20-79 as an emergency; designated effective 1-1-80
(Register 79, No. 47). A Certificate of Compliance must be filed within 1 20 days
or emergency language will be repealed on 3-20-80.
5. Certificate of Compliance filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 5^-83; designated effective 6-1-83 pursuant to Govern-
ment Code Section 1 1346.2(d) (Register 83, No. 19).
7. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
8. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
9. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
10. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
11. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88,
No. 24). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 9-30-88.
12. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
13. Amendment of secfion heading, section and Note filed 5-5-95; operative
6-5-95 (Register 95, No. 18).
14. New subsection (c)(7), subsection renumbering, amendment of subsection
(d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7).
subsection renumbering, and amendment of subsections (e)(l 1) and (f)(1) filed
8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certifi-
cate of Compliance must be transmitted to OAL by 2-3-99 or emergency lan-
guage will be repealed by operation of law on the following day,
15. New subsection (c)(7), subsection renumbering, amendment of subsection
(d)(6), new subsections (d)(6)(A)-(d)(6)(A)3., repealer of subsection (d)(7),
subsection renumbering, and amendment of subsections (e)(l 1) and (f)(1) re-
filed 2-3-99 as an emergency; operadve 2-3-99 (Register 99, No. 6). Pursuant
to Penal Code section 5058(e), a Certificate of Compliance must be transmitted
to OAL by 7-1 3-99 or emergency language will be repealed by operation of law
on the following day.
1 6. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-1 2-99 and
filed 6-24-99 (Register 99, No. 26).
17. New subsection (g)(6), subsecfion renumbering and amendment of Note filed
9-20-99 as an emergency; operadve 9-20-99 (Register 99, No. 39). Pursuant
to Penal Code section 5058(e) a Certificate of Compliance must be transmitted
to OAL by 2-28-2000 or emergency language will be repealed by operation of
law on the following day.
18. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000
and filed 2-22-2000 (Register 2000, No. 8).
1 9. New subsections (g)(7)-(g)(7)(C) and subsection renumbering filed 1-9-2004
as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 6-17-2004 or emergency language will be repealed by operation of law on
the following day.
20. New subsections (g)(7)-(g)(7)(C) and subsection renumbering refiled
6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25).
Pursuant to Penal Code section 5058.3, a Certificate of CompHance must be
transmitted to OAL by 1 1-24-2004 or emergency language will be repealed by
operation of law on the following day.
Page 188.20
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3327
•
21. Certificate of Compliance as to 6-17-2004 order transmitted to OAL
1 1-16-2004 and filed 12-29-2004 (Register 2004. No. 53).
22. New subsections (d)(7) and (g)(8), subsection renumbering, amendment of
subsection (f)(5), and amendment of Ncm-: filed 2-23-2007 as an emergency;
operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007
or emergency language will be repealed by operation of law on the following
day.
23. Certificate of Compliance as to 2-23-2007 order transmitted to OAL
7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
24. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 3324. Conduct Reportable to the Releasing Authority.
(a) Rules of the Board of Prison Terms and those of the Narcotic Ad-
dict Evaluation Authority require that specific acts of inmate conduct be
reported to tiie appropriate releasing authority when the inmate has an es-
tablished or anticipated release date on an indeterminate term or period
of confinement. The applicable Board of Prison Terms and Narcotic Ad-
dict Evaluation Authority rules are set forth in Divisions 2 and 5 of Title
13, California Administrative Code, and are hereby incorporated by ref-
erence in the rules of the Director of Corrections.
(b) At the discretion of the appropriate releasing authority, a hearing
for reconsideration of release may be held in conjunction with a disciplin-
ary hearing for misconduct that is also reportable to the releasing author-
ity.
(c) Releasing authority members and representatives may sit in the
factfinding and disposition phase of a disciplinary hearing held in con-
junction with a hearing by the releasing authority for release reconsidera-
tion. Releasing authority members and representatives will not act as
factfinders or decision makers in the disposition of disciplinary charges
against an inmate. However, the members and representatives of the re-
leasing authority may participate in the factfinding phase of the disciplin-
ary hearing as deemed necessary to bring out information which will aid
in determining appropriate action relative to the inmate's scheduled or
anticipated release.
(d) The scheduling of a combined departmental disciplinary hearing
and a releasing authority hearing for reconsideration of an established or
anticipated release date on an indeterminate term or period of confine-
ment does not stay the time limits for a disciplinary hearing in which good
lime credit may be denied on a determinate term of imprisonment.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2931,
3060 and 5054, Penal Code; Section 3051, Welfare and Institutions Code.
History
1. Repealer and new secfion filed 5-13-77; effecUve thirtieth day thereafter (Reg-
ister 77, No. 20).
2. Repealer and new section filed 3-22-78; effective thirtieth day thereafter (Reg-
ister 78, No. 12).
3. Amendment filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
4. Editorial correction of subsection (a) filed 2-19-85 (Register 85, No. 8).
5. Editorial correction of printing errors in subsecfion (c) (Register 92, No. 5).
§ 3325. Appeal of Disciplinary Actions.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secdons 2932,
5054 and 5077, Penal Code.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
2. Repealer and new section filed 5-1 3-77; effecfive thirtieth day thereafter (Reg-
ister 77, No. 20).
3. Amendment of subsection (c) filed 9-30-77; effective thirtieth day thereafter
(Register 77, No. 40).
4. Amendment of subsection (b) filed 2-22-79; effective thirtieth day thereafter
(Register 79, No. 8).
5. Amendment of subsections (a) and (c) filed 4-18-80; effective thirtieth day
thereafter (Register 80, No. 16).
6. Repealer of Section 3325(a) and (b), and renumbering and amendment of for-
mer Section 3325(c) to Section 3084.7(c) filed 5-18-89 as an emergency; op-
erative 5-18-89 (Register 89, No. 21). A Certificate of CompHance must be
transmitted to OAL within 1 20 days or emergency language will be repealed on
9-15-89.
7. Certificate of Compliance as to 5-18-89 order transmitted to OAL 9-7-89 and
filed 10-10-89 (Register 89, No. 41).
§ 3326. Records of Disciplinary Matters.
(a) Upon conclusion of disciplinary proceedings, all documents relat-
ing to the disciplinary process, findings, and disposition shall be disposed
of in the following manner:
( 1) When an inmate is held responsible for the act charged, copies of
all documents prepared for and used in the disciplinary proceedings shall
be placed in the inmate's central file. A copy of the completed CDC Form
1 1 5 shall be provided to the inmate. A copy of the completed CDC Form
115 shall be filed in the Register of Institution Violations.
(2) When the inmate is found not guilty of the act charged or when the
charge is dismissed for any reason, the documents prepared for and used
in the disciplinary process shall not be placed in any file pertaining to the
inmate. However, two copies of any CDC Form 1 1 5 used in the disciplin-
ary process shall be completed as to findings and disposition. One copy
of the completed report shall be filed in the Register of Institution Viola-
tions. The other completed copy shall be provided to the inmate. All other
copies of the CDC Form 1 15 and all supplemental reports shall be de-
stroyed.
(3) Unless information developed through the disciplinary process.
such as enemy information, needs to be considered in future classifica-
tion committee determinations affecting an inmate found not guilty of a
rule violation or whose charges were dismissed, no other recording or
document relating to the rule violation charge or disciplinary proceed-
ings shall be placed in files pertaining to the inmate.
(b) Information developed through the disciplinary process, classifi-
cation committee determinations affecting the inmate, or events requir-
ing explanation shall be recorded by the disciplinary hearing officer on
a CDC Form I28-B, Informative Chrono, and referred to the classifica-
tion committee. Such information shall include but not be limited to the
following:
(1) The reason for an inmate's placement in restricted housing prior
to adjudication of the charges if that information has not been previously
considered in a classification committee hearing;
(2) Any reason for retaining the inmate in restricted housing after a
finding of not guilty or dismissal of charges; or
(3) Any program assignment or placement change which needs to be
considered in view of other inmate or employee animosity toward the in-
dividual.
(4) The CDC Form 128-B shall be placed in the inmate's central file
and a copy shall be provided to the inmate.
(c) Provisions of this section shall also apply when a finding of guilt
on disciplinary charges is reversed or dismissed on appeal, or when infor-
mation reported on a CDC Form 1 28-A, Custodial Counseling Chrono,
is found on appeal to be incorrect or inappropriate.
(d) A finding of not guilty, dismissal, or reversal of a previous finding
of guilt shall require an audit and updating of any documentation in the
inmate's file reflecting a prehearing assumption of guilt or the original
finding of guilt. Such documentation shall not be removed from the in-
mate' s file, but shall be annotated with a cross-reference to the CDC
Form 128-B documenting the most recent findings and action on the
charge.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
208 L Penal Code.
History
1. New section filed 5-13-77; effective thirtieth day thereafter (Register 77, No.
20).
2. Amendment of subsection (a) filed 3-22-78; effective thirtieth day thereafter
(Register 78, No. 12).
3. Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register
95, No. 18).
Article 5.5. Restoration of Forfeited
Worktime Credits
§ 3327. Restoration of Forfeited Credits.
(a) Forfeited credits shall at no time be restored as specified below:
Page 188.21
Register 2(K)8, No. 32; 8-8-2008
§3328
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1) No credit shall be restored for any serious disciplinary offense pun-
ishable by a credit loss of more than 90 days. These offenses include Di-
visions A-1, A-2, B and C.
(2) No credit shall be restored if the inmate is found guilty of any sub-
sequent mle violation that occurred within the required disciplinary-free
periods provided in Section 3328.
(3) No credit shall be restored if the worktime credit denial or loss was
ordered by court judgment unless the court rescinds or overturns the or-
der.
(4) No credit shall be restored for the following disciplinary offenses:
(A) The inmate was found guilty of use of a controlled substance, mar-
ijuana, or alcohol, based on a positive test result from a departmentally
approved testing method;
(B) The inmate was ordered to submit to a drug test pursuant to section
3290(c) and refused the test;
(C) The inmate was found guilty of fermentation or distillation of ma-
terials in a manner consistent with the production of alcohol in a prison
or community access facility;
(D) The inmate was found guilty of unauthorized possession of dan-
gerous contraband as defined in section 3000.
(b) Upon completion of a disciplinary-free period for Division D, E,
and F offenses as provided in section 3328, an eligible inmate may apply
to their caseworker for credit restoration by submitting a CDC Form 958
(Rev. 8/87), Application for Inmate's Restoration of Credits. A restora-
tion hearing shall be conducted within 30 days of the inmate's applica-
tion. The inmate has a right to be present at the hearing and to a written
decision of the committee.
( 1 ) A classification action resulting in restoration of worktime credit
shall be documented and forwarded to the facility's case records staff for
recalculation of the inmate's release date.
(2) When an inmate does not meet the criteria for a credit restoration
hearing, the caseworker shall note the reasons on the CDC Form 958 and
return it to the inmate.
(c) Credit shall be restored at the consideration hearing unless it is de-
termined that the inmate has, since the disciplinary infraction leading to
the credit forfeiture, refused or failed to perform in a work, training, or
educational assignment during the required disciplinary-free period, or
under extraordinary circumstances, as described in section 3329.
( 1 ) Credit shall not be restored in an amount rendering the inmate over-
due for release.
(2) An inmate who is a violent offender as defined in Penal Code (PC)
Section 667.5(c), or who is serving a term upon conviction of child abuse
pursuant to PC Sections 273a, 273ab, 273d, or any sex offense identified
in statutes as being perpetrated against a minor victim, or who is an of-
fender for whom such notification has been ordered by any court shall not
be eligible for credit restoration which would result in a notification be-
ing provided to local law enforcement in less than 45 days prior to the in-
mate' s scheduled release date.
(3) The inmate shall be informed at the hearing that case records staff
shall determine the actual release date which shall include a minimum of
ten working days for release processing. However, if the inmate is a vio-
lent offender as defined in PC Section 667.5(c) or is serving a term upon
conviction of child abuse pursuant to PC Section 273a, 273ab, 273d, or
any sex offense identified in statutes as being perpetrated against a minor
victim, or for whom such notification has been court ordered, the number
of working days for release processing shall be sufficient to ensure that
local law enforcement officials will be notified of the inmate's release in
not less than the 45-day time frame required by law. A copy of the new
legal status sheet reflecting the credit restoration shall be provided to the
inmate.
(d) If less than 100 percent of restorable credits forfeited are restored
by the classification committee, the inmate may make additional applica-
tions for restoration upon completion of additional disciplinary-free pe-
riods until all restorable credit is restored or the inmate is released from
custody.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 273a,
273ab, 273d. 667.5, 2932, 2932.5. 2933, 3058.6, 3058.9 and 5054, Penal Code.
History
1. New article 5.5 (sections 3327-3329) filed 5-4-83; designated effective
6-1-83 pursuant to Government Code section 1 136.2(d) (Register 83, No. 19).
2. Amendment filed 8-7-87 as an einergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
3. Certificate of Coinpliance as to 8-7-87 order transmitted to OAL 1 2^-87; dis-
approved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88. No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
8. Amendment of subsections (b) and (c) filed 12-20-91 as an emergency; opera-
tive 12-20-91 (Register 92. No. 4). A Cerfificate of Compliance must be trans-
mitted to OAL 4-20-92 or emergency language will be repealed by operation
of law on the following day.
9. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
10. Amendment of section heading, section and Note filed 5-5-95; operative
6-5-95 (Register 95, No. 18).
11. Amendment of section pursuant to Penal Code section 5058(e) filed 3-20-96
as an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of
Compliance must be transmitted to OAL by 8-27-96 or emergency language
will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96
and filed 9-5-96 (Register 96, No. 36).
13. New subsection (a)(3) and amendment of Note filed 1 1-12-97 as an emergen-
cy; operative 1 1-12-97 (Register 97, No. 46). A Certificate of Compliance must
be transmitted to OAL by 3-13-98 or emergency language will be repealed by
operation of law on the following day.
14. Editorial correction of History 13 (Register 98, No. 18).
15. New subsecdon (a)(3) and amendment of Note refiled 4-29-98 as an emer-
gency; operafive 4-29-98 (Register 98, No. 18). A Certificate of Compliance
must be transmitted to OAL by 10-6-98 or emergency language will be re-
pealed by operation of law on the following day.
16. Certificate of Compliance as to 4-29-98 order transmitted to OAL 6-12-98
and filed 7-21-98 (Register 98, No. 30).
17. Amendment of subsection (a)(3) filed 8-27-98 as an emergency; operafive
8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted
to OAL by 2-3-99 or emergency language will be repealed by operation of law
on the following day,
18. Amendment of subsection (a)(3) refiled 2-3-99 as an emergency; operative
2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certifi-
cate of Compliance must be transmitted to OAL by 7-1 3-99 or emergency lan-
guage will be repealed by operation of law on the following day.
19. Certificate of Comphance as to 2-3-99 order, including further amendment of
subsecfion (a)(3) and new subsecfion (a)(4), transmitted to OAL 5-12-99 and
filed 6-24-99 (Register 99, No. 26).
20. Amendment of subsecfions (a)(2) and (c), new subsection (c)(2), subsection
renumbering and amendment of newly designated subsection (c)(3) and Note
filed 5-22-2006; operative 5-22-2006 pursuant to Government Code section
1 1343.4 (Register 2006, No. 21).
21. Amendment of subsections (a)(2) and (a)(4) and new subsections
(a)(4)(A)-(D) filed 8-4-2008; operative 8-4-2008 pursuant to Government
Code section 1 1343.4 (Register 2008, No. 32).
§ 3328. Disciplinary-Free Periods.
(a) A disciplinary-free period shall commence immediately following
the date and time an inmate is identified (date of discovery of information
leading to the charge) as committing a rules violation.
(b) An inmate may apply for restoration of 100 percent of any credit
forfeited for a Division "D" or "E" offense, not identified in section 3327,
after remaining disciplinary free for 1 80 days.
( 1 ) If less than 1 80 days remain before the inmate' s estabHshed release
date, a one-time application may be made within 90 days of the estab-
lished release date when the inmate has remained disciplinary free for a
minimum of 60 days.
(2) Violent offenders as defined in PC Section 667.5(c) and offenders
serving a term upon conviction of child abuse pursuant to PC Sections
Page 188.22
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§3330
273a, 273ab, 273d. or any sex offense identified in statutes as being per-
petrated against a minor victim, or for whom such notification has been
ordered by any court, shall be eligible for the one-time credit restoration
application only if local law enforcement officials can be notified of the
inmate's release in not less than the 45-day time frame required by law.
(c) An inmate may apply for restoration of 100 percent of any credit
forfeited for a Division "F" offense, not identified in section 3327, after
remaining disciplinary free for 90 days.
( 1 ) If less than 90 days remain before the inmate's established release
date, a one-time application may be made within 60 days of the estab-
lished release date when the inmate has remained disciplinary free for a
minimum of 30 days.
(2) Violent offenders as defined in PC Section 667.5(c) and offenders
serving a term upon conviction of child abuse pursuant to PC Sections
273a, 273ab, 273d, or any sex offense identified in statutes as being per-
petrated against a minor victim, or for whom such notification has been
ordered by any court, shall be eligible for the one-time credit restoration
application only if local law enforcement officials can be notified of the
inmate's release in not less than the 45-day time frame required by law.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 273a,
273ab, 273d, 667.5(c), 2932, 2933, 3058.6, 3058.9 and 5054, Penal Code.
History
1. Amendment of section heading, section and Note filed 5-5-95; operative
6-5-95 (Register 95, No. 18).
2. Repealer of subsections (b) and (c) and subsection relettering pursuant to Penal
Code section 5058(e) filed 3-20-96 as an emergency; operative 3-20-96 (Reg-
ister 96, No. 12). A Certificate of Compliance must be transmitted to OAL by
8-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Editorial correction of second Exception (Register 96. No. 36).
4. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and
filed 9-5-96 (Register 96, No. 36).
5. Amendment filed 5-22-2006; operative 5-22-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 21).
6. Amendment of subsections (a), (b), (b)(1), (c) and (c)(1) filed 8^1-2008; opera-
five 8-4-2008 pursuant to Government Code section 1 1343.4 (Register 2008,
No. 32).
§ 3329. Extraordinary Circumstances.
(a) Extraordinary circumstances are significant factors which aggra-
vate the seriousness of a rule violation. A finding of factors in aggrava-
tion shall be cause to postpone restoration for one additional discipli-
nary-free period.
(b) Extraordinary circumstances include:
( 1 ) The victim was particularly vulnerable.
(2) Multiple victims were involved.
(3) The inmate induced others to participate in the act or occupied a
position of leadership or dominance over the other participants.
(4) The inmate threatened witnesses, prevented or dissuaded wit-
nesses from testifying, induced others to perjure themselves or in any
way interfered in the investigation or adjudication of the act.
(5) The inmate's misconduct included other acts which could have re-
sulted in the forfeiture of additional credits.
(6) The plan, sophistication, or professionalism with which the act was
carried out, or other facts indicating premeditation.
(7) The inmate involved nonprisoners in the act.
(8) The act involved a large quantity of contraband.
(9) The inmate took advantage of a position of trust or confidence.
(10) The inmate engaged in a pattern of violent conduct.
(11) The inmate's record documents numerous acts of and/or increas-
ingly serious misconduct.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Secfions 2933,
4573.6 and 5054, Penal Code.
History
1. New subsecfion (c)(I3) filed 12-20-91 as an emergency; operafive 12-20-91
(Register 92, No. 4). A Certificate of Compliance must be transmitted to OAL
4-20-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 5-28-92 (Register 92, No. 24).
3. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95,
No. 18).
4. Repealer of subsections (b)(l)-(2), (b)(10) and (b)(13), subsection renumber-
ing, and amendment of newly designated subsection (b)(10) pursuant to Penal
Code section 5058(e) filed 3-20-96 as an emergency: operative 3-20-96 (Reg-
ister 96, No. 12). A Certificate of Compliance must be transmitted to OAL by
8-27-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Editorial correction of subsection (b)(7) (Register 96, No. 36).
6. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25-96 and
filed 9-5-96 (Register 96, No. 36).
7. Repealer of subsection (b)( 10) and subsection renumbering filed 8-27-98 as an
emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Com-
pliance must be transmitted to OAL by 2-3-99 or emergency language will be
repealed by operation of law on the following day,
8. Repealer of subsection (b)(10) and subsection renumbering refiled 2-3-99 as
an emergency; operative 2-3-99 (Register 99. No. 6). Pursuant to Penal Code
secfion 5058(e), a Certificate of Compliance must be transmitted to OAL by
7-1 3-99 or emergency language will be repealed by operation of law on the fol-
lowing day.
9. Certificate of Compliance as to 2-3-99 order transmitted to OAL 5-1 2-99 and
filed 6-24-99 (Register 99. No. 26).
Article 6. Disciplinary Detention
§ 3330. Disciplinary Detention.
(a) An inmate may not be assigned to disciplinary detention as defined
in section 3000 except on the order of a disciplinary committee or senior
disciplinary hearing officer.
(b) Disciplinary detention may be ordered in a housing unit or section
of a housing unit specifically designed for that purpose or in any room
or cell which provides the necessary security, control, and restriction of
the inmate's actions. When disciplinary detention is ordered in a housing
unit other than a designed disciplinary detention unit, the condifions of
detendon will be the same as prescribed for disciplinary detention units.
(c) Disciplinary detention may be ordered as a continuous period of
confinement or as intermittent confinement on holidays, weekends or
days off from assigned work and program acdvifies. When ordered as in-
termittent confinement, confinement shall not exceed 10 days during a
35-day period. The chief disciplinary officer shall review the treatment
of an inmate confined in disciplinary detention and consider a modifica-
fion of sentence when evidence indicates the inmate is ready to conform
to the rules.
(d) Time served in disciplinary detendon will be computed on the basis
of full days in detention. The day of placement and the day of release will
not count as a day of dme served. Intermittent detention may extend from
the end of the work day before the first full day of detention to the begin-
ning of the work day following the last full day of detendon.
(e) Continuous disciplinary detention of an inmate shall not exceed 10
full days without approval of the director or deputy director, institutions.
(f) If an extension beyond 10 days is approved, the warden/superin-
tendent shall note that fact in the disposition secdon of the rule violation
report stadng the reasons for the extension and the addidonal amount of
dme the inmate shall be confined, and shall sign and date the notation.
(g) A request for the director's approval to retain an inmate in disci-
plinary detendon for longer than 30 days shall be accompanied by a cur-
rent psychological evaluation of the inmate's mental health. Such evalu-
adon shall include a personal interview with the inmate.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Sections 2932 and
5054, Penal Code.
History
1. Repealer of Arficle 6 (sections 3330-3337) and new Arficle 6 (sections
3330-3333) filed 4-18-80; effecfive thirtieth day thereafter (Register 80. No.
16). For prior history see Registers 77, No. 20, 78, No. 12, 78, Nos. 24 and 25.
79, Nos. 18 and 31.
2. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
3. Certificate of CompHance as to 8-7-87 order transmitted to OAL 12^-87; dis-
approved by OAL (Register 88, No. 16).
4. Amendment filed 1-4-88 as an emergency; operative l^f-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
Page 188.22(a)
Register 2008, No. 32; 8-8-2008
§3331
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
5. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88. No. 24).
6. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
7. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
8. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
9. Editorial coiTection of printing enor in Hlstory 1 . (Register 92, No. 5).
§ 3331 . Conditions of Detention.
(a) Insofar as the safety and security of institution and for persons will
permit, the physical facilities of designated disciplinary detention units
will approximate those housing general population inmates.
(b) Quarters. Where adequate and secure facilities are available and
the number of inmates assigned to designated disciplinary detention units
permit, inmates so assigned will be housed in single occupancy quarters.
When the use of multiple occupancy quarters is necessary, the number
of inmates so assigned will not exceed the capacity of beds for which
such quarters are equipped except as a temporary emergency measure.
The office of the deputy director-institutions or the departmental duty of-
ficer will be notified when such an emergency exists for longer than 24
hours. Institution and department efforts will be coordinated as necessary
to resolve the overcrowding situation as quickly as possible.
(c) Personal Items.
( 1 ) Inmates will not be permitted to use or possess items of personally
owned property, such as radios, television sets, tape players, musical in-
struments, and typewriters while undergoing disciplinary detention. Per-
sonal items necessary for health and hygiene may be used if such items
are not available for issue by the institution.
(2) Inmates will not be permitted to purchase, use or possess edible or
consumable canteen items while undergoing disciplinary detention.
(3) Inmates may be deprived of the use of personally owned clothing
and footwear while undergoing disciplinary detention when adequate
state clothing and footwear are issued. No inmate in disciplinary deten-
tion will be required to wear clothing that significantly differs from that
worn by other inmates in the unit, except that temporary adjustments may
be made for security reasons and for protection from self inflicted harm.
No inmate will be clothed in any manner intended to degrade the inmate.
(d) Meals. Inmates in disciplinary detention shall be fed the same meal
and ration as is provided for general population inmates. Meals served
shall supply approximately 2500 calories per day.
(e) Mail. The sending and receiving of first class mail will not be re-
stricted while an inmate is undergoing disciplinary detention. Delivery
or issue of packages, publications and newspapers will be withheld dur-
ing disciplinary detention.
(f) Visits. Inmates undergoing disciplinary detention retain the right
to have personal visits. Privileges and amenities associated with visiting
including physical contact with visitors may be suspended during the dis-
ciplinary detention period. When the number, length or frequency of vis-
its are Umited, the inmate will be permitted to choose who will visit from
among persons approved to visit before the detention period began.
(g) Personal Cleanliness. Inmates undergoing disciplinary detention
will be provided the means to keep themselves clean and well-groomed.
[The next page is 188.23.]
Page 188.22(b)
Register 2008, No. 32; 8-8-2008
Title 15
Adult Institutions, Programs and Parole
§ 3334
Haircuts will be provided as needed. Showering and shaving will be per-
mitted at least three times a week.
(h) Exercise. Inmates undergoing disciplinary detention will be per-
mitted a minimum of one hour per day, five days per week, of exercise
outside their cells unless security and safety considerations preclude such
activity.
(i) Reading Material. State supplied reading material will be provided
for inmates undergoing disciplinary detention. Such material may be as-
signed to disciplinary detention units from the inmate library and will
represent a cross section of material available to the general population.
At the discretion of the warden or superintendent, inmates enrolled in
educational programs who have textbooks in their personal property may
be permitted to study such material while undergoing disciplinary deten-
tion.
(j) Legal Material. Inmates undergoing disciplinary detention will not
be limited in their access to the courts. Legal resources may be limited
to pencil and paper, which will be provided upon request, for correspon-
dence with an attorney or preparation of legal documents for the courts.
Other legal material in an inmate's personal property may be issued to an
inmate in disciplinary detention if litigation was in progress before deten-
tion commenced and legal due dates are imminent.
(k) Privileges. All privileges generally associated with the inmate's
work/training incentive groups status will be suspended during a period
of disciplinary detention. This includes but is not limited to: personal
nonemergency telephone calls, handicraft activities, use of recreational
equipment, and the viewing of television, and other privileges.
(1) Restrictions. A written report by the administrator or supervisor in
charge of a disciplinary detention unit will be submitted to the chief disci-
plinary officer whenever an inmate undergoing disciplinary detention is
deprived of any usually authorized item, activity or privilege. A special
report to the chief disciplinary officer and to a classification committee
will be made when an inmate's circumstances indicate a continuing need
for separation from general population or from specific persons.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5030. 1 and
5054, Penal Code.
History
1. Amendment of subsection (k) filed 2-16-83; effective thirtieth day thereafter
(Register 83, No. 8).
2. Amendment of subsection (d) filed 2-8-88; operative 3-9-88 (Register 88, No.
7).
3. Amendment of subsection (c)(2) and amendment of Note filed 7-7-2005 as an
emergency; operative 7-7-2005 (Register 2005, No. 27). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 12-14-2005 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 7-7-2005 order transmitted to OAL
12-13-2005 and filed 1-26-2005 (Register 2006, No. 4).
5. Change without regulatory effect amending subsection (e) filed 12-4-2006 pur-
suant to section 100, title 1, California Code of Regulations (Register 2006, No.
49).
§ 3332. Administration and Supervision of Detention Units.
(a) Plan of Operation. Each warden and superintendent will establish
and maintain a plan of operations for the disciplinary detention of in-
mates, whether in a unit or section of a unit designated for this specific
purpose or in conjunction with other special purpose housing of inmates.
Such plans will conform to the provisions of this article and will be up-
dated as necessary to reflect current procedures and practices. A copy of
the plan will be submitted to the director for review and approval annual-
ly, as scheduled for required plans.
(b) Administration and Supervision. The administration of disciplin-
ary detention units may be delegated to a staff member at not less than
the level of correcfional captain. The supervision of disciplinary deten-
tion units may be assigned to a staff member at not less than the level of
correctional sergeant.
(c) Visitation. Inmates assigned to disciplinary detention units will be
visited daily by the supervisor in charge of the unit and by an institution
physician, registered nurse or a medical technical assistant. An inmate's
request to be visited by other staff will be promptly referred to the staff
member. A fimely response should be given to such requests whenever
reasonably possible.
(d) Supervisor's Responsibilities. The supervisor in charge of a disci-
plinary detention unit is responsible for the physical security of the unit,
the control of contraband within the unit, and for safe, sanitary and decent
working and living conditions within the unit. When any condition with-
in the unit or the behavior, conduct or appearance of any inmate confined
therein appears to warrant the attention of specific or specialized staff,
the matter will be promptly brought to the attention of appropriate staff.
(e) Suicide Risks. Inmates undergoing disciplinary detention who are
diagnosed by qualified medical staff as a suicide risk will be moved to
a hospital setting, and medical staff will assume responsibility for such
placement and for observation and supervision of the inmate. Such
movement and supervision will be in cooperation and coordination with
custody staff.
(f) Management Cases. An inmate who persists in unduly disruptive,
destmctive or dangerous behavior and who will not heed or respond to
orders and warnings to desist from such activity, may be placed in a man-
agement cell on an order of the unit's administrator or, in his or her ab-
sence, an order of the watch commander. In addition to any necessary in-
cident or disciplinary reports, the matter will be reported to the warden,
superintendent, chief disciplinary officer or administrative officer of the
day, one of whom will review management cell resident status daily. An
inmate who requires management cell placement for longer than 24
hours will be considered for transfer to a psychiatric management unit or
other housing appropriate to the inmate's disturbed state.
(g) Disciplinary Detention Records.
(!) A Disciplinary Detention Log, CDC Form 1 14, will be maintained
in each designated disciplinary detention unit. Specific information re-
quired in this log will be kept current on a daily and shift or watch basis.
A completed log book will be retained in the unit for as long as any inmate
recorded on the last page of that log remains in the unit. Storage and purg-
ing of log books will be in accordance with department schedules. One
disciplinary detention/segregation log may serve a disciplinary detention
unit and other special purpose segregafion units which are combined and
are administered and supervised by the same staff members.
(2) A separate record will be maintained on each inmate undergoing
disciplinary detention. This record will be compiled on CDC Form
1 14-A, Detenfion/Segregation Record. In addition to the identifying in-
formation required on the form, all significant informafion relating to the
inmate during the course of detention, from reception to release, will be
entered on the form in chronological order.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
§ 3333. Confinement to Quarters.
(a) Confinement to quarters may be ordered as a continuous period of
confinement or as intermittent confinement on holidays, weekends or
days off from assigned work and classified program activifies. When or-
dered as intermittent confinement, confinement may not exceed 1 ten
days during a 35 day period.
(b) Confinement to quarters may extend from the first full day of con-
finement to the beginning of the day following the last full day of confine-
ment. Such partial days will not reduce the total number of full days of
ordered confinement.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Change without regulatory effect amending section filed 1 0-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
Article 6.5. Behavior i\/ianagement Unit
§ 3334. Behavior IVIanagement Unit.
(a) An inmate may not be assigned to a Behavior Management Unit
(BMU), as defined in section 3000, except on the order of a Classification
Committee.
(b) Inmates may be referred to a Classification Committee for place-
ment into the BMU for one or more of the following reasons:
Page 188.23
Register 2008, No. 28; 7-11 -2008
§3334
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) Program Failure. The inmate is deemed a Program failure as de-
fined by section 3000.
(2) Security Housing Unit (SHU) Offense as defined in section
3341.5(c)(9).
(A) If an inmate has been found guilty of an offense for which a deter-
minate term of confinement has been assessed, whether imposed or sus-
pended, and whose in-custody behavior reflects a propensity towards
disruptive behavior, the inmate may be referred to a classification com-
mittee for placement in the BMU.
(B) Inmates currently serving a determinate SHU term whose in-cus-
tody behavior reflects a propensity towards disniptive behavior, which
otherwise would not be eligible for additional SHU term assessment,
shall be considered by the Institutional Classification Committee (ICC)
for placement in a BMU upon completion or suspension of the SHU term.
(C) Inmates that have reached the Minimum Eligible Release Date
(MERD) and have demonstrated an unwillingness to program in the gen-
eral population may be reviewed by the Classification Committee for
BMU placement consideration.
(3) Gang Related Activity
(A) Any pattern, which consists of two or more documented behaviors
which indicates an individual's participation in gang related activity may
be grounds for placement in the BMU. Gang related activity is defined
as behavior which indicates an inmate's participation in a gang, prison
gang, street gang or disruptive group as defined in section 3000.
(c) Inmates who meet the criteria for placement in the BMU program
per section 3334(b) shall be reviewed by a Classification Committee af-
ter initial placement in the BMU program as outlined in section
3334(c)(3) below. The Classification Committee shall review, determine
and assess the appropriate step, and if applicable approve a step change
as outlined in section 3334(e) for each BMU inmate as recommended by
BMU staff not less than every 30 days.
( 1 ) Initial placement into the BMU shall be for a minimum of 90 days
beginning on the date of reception into the BMU.
(2) Subsequent BMU placements shall be for a minimum of 180 days
beginning on the date of reception into the BMU. Inmates who require
subsequent placement will be monitored by BMU staff to ensure pro-
gram compliance. If an inmate refuses to participate as required, the Clas-
sification Committee will review for possible program rejection.
(3) The Classification Committee will complete an initial assessment
and develop an Individualized Training Plan (ITP) within 14 days of
placement into BMU. The ITP will be based on each inmate's reason(s)
for placement as outlined in section 3334(b).
(4) Inmates shall be expected to meet the requirements established by
the Classification Committee as outlined in the ITP.
(5) Inmates must remain disciplinary free and complete the ITP as di-
rected by the Classification Committee before being released from the
BMU. The ITP may include, but is not limited to, participation in depart-
mentally approved cognitive behavior programs, and/or participation in
self help groups.
(6) The Classification Committee shall be responsible for providing
the inmate with notification of the rules and intent of the BMU program.
The CDC 128-G, Classification Chrono (Rev. 10/89), shall clearly state
that the inmate was informed of the reason for placement, the length of
placement, and any additional action the inmate must take to successfully
complete the BMU program.
(d) In each case of BMU placement, release from the BMU is based
upon completion of the ITP established by the Classification Committee.
( 1 ) The Classification Committee will determine if the inmate has suc-
cessfully completed their ITP requirements or failed to meet their re-
quirements. Inmates who have met their ITP requirements shall be eligi-
ble to advance to the next step of the BMU program. Inmates who have
not met their ITP requirements shall be reviewed for appropriate step
placement.
(e) BMU Step Process: Work Group/Privilege Group designations
(1) All inmates placed into the BMU will be designated a Work Group
(WG), consistent with section 3044, and as determined by the Classifica-
tion Committee effective the date of placement. Regardless of the WG,
the designated Privilege Group (PG), consistent with section 3044, for
Step 1 and Step 2 shall be C. The designated PG for Step 3 shall be B. All
Work/Program assignments for BMU inmates shall be restricted to and
located in the BMU.
(A) Step 1: Initial Placement — WG Al, A2, B or C and PG C. If the
inmate meets the goals of the ITP, he will advance to Step 2.
(B) Step 2: WG A 1 , A2, B, or C and PG C. If the inmate meets the goals
of the ITP, he will advance to Step 3.
(C) Step 3: WG Al , A2, B and PG B. If the inmate meets the goals of
the ITP, he will advance to Step 4.
(D) Step 4: Upon completion of the ITP, inmates will be returned to
traditional general population housing.
(f) Failure to progress in the stepped process shall be grounds for rejec-
tion from the BMU program and a review by the Classification Commit-
tee for placement on WG C PG C status. Inmates who have been rejected
from the program shall not be placed in any other general population
work or program assignment until they have successfully completed their
ITP in the BMU. Inmates who have been rejected from the BMU program
must submit a written request to their Correcfional Counselor I for read-
mission to the program and shall be reviewed by the Classification Com-
mittee.
(g) Authorized BMU Property
(1) Inmates shall possess only the listed items of property while as-
signed to the BMU:
(A) Wedding band, plain metal only, one.
(B) Soft cover religious material, one.
(C) Soft cover dictionary, one.
(D) PrescripUon eyeglasses, clear lens only, one (as prescribed by a
physician) pair.
(E) Athletic shoes, one pair.
(F) Shower shoes, one pair.
(G) Lined paper tablet, one.
(H) Embossed envelopes, fifteen.
(1) Legal material, as authorized per section 3161.
(J) Canteen items, not to exceed one month's draw of assigned privi-
lege group.
(2) Inmates in the BMU shall possess property as authorized in section
3190(c).
(3) Inmates assigned to the BMU upon the initial placement will have
their unauthorized property as outlined in 3334(g)(1) and 3334(g)(2)
stored, provided:
(A) Initial BMU placement is for no more than 90 days.
(B) Inmate participates in the BMU program and progresses to the next
step at each 30 day review as outlined in section 3334(e).
(C) Inmate does not receive any property related disciplinary viola-
tions while in the BMU program.
(4) Should the inmate fail to comply with these provisions above, all
unauthorized property as outlined in 3334(g)(1) and 3334(g)(2) shall be
disposed of as provided in section 3191(c).
(5) Inmate's assigned to the BMU upon the second or subsequent
placements shall have all unauthorized property, as outlined in
3334(g)(1) and 3334(g)(2), disposed of as provided in secdon 3191(c).
(h) Canteen. BMU inmates will be allowed only one (1) draw per
month. Canteen privileges shall be established by the Classification
Committee as follows:
Step 1 — One fourth the maximum monthly canteen draw as autho-
rized in section 3044(f).
Step 2 — One fourth the maximum monthly canteen draw as autho-
rized in section 3044(f)-
Step 3 — One half the maximum monthly canteen draw as authorized
in section 3044(e).
(i) Vendor packages are authorized for receipt by inmates housed
within the BMU in accordance with their privilege group status as pro-
vided in section 3044(c).
Page 188.24
Register 2008, No. 28; 7-11-2008
Title 15
Adult Institutions, Programs and Parole
§3336
(_j) Mental Health Services. BMU inmates will be seen by the Mental
Health Department in accordance with normal GP treatment expecta-
tions as outlined within the Mental Health Services Delivery System
(MHSDS). A Mental Health clinician shall attend the Classification
Committee for all initial reviews in order to assess the appropriateness
of BMU placement for an inmate included in the MHSDS. Inmate's cur-
rently at the Enhanced Out Patient (EOP) level of care are not eligible for
BMU placement.
(k) Visits. BMU inmates are permitted visits with their approved visi-
tors. All visits for inmates at Step 1 and 2 will be non-contact, this in-
cludes attorney visits. Inmates at Step 3 will be afforded contact visits.
NOTE; Authority cited: Section 5058 and 5058.3, Penal Code. Reference: Sections
5054, Penal Code.
History
1 . New article 6.5 (section 3334) and section filed 7-8-2008 as an emereency; op-
erative 7-8-2008 (Register 2008, No. 28). Pursuant to Penal Code section
5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL by
12-15-2008 or emergency language will be repealed by operation of law on the
following day.
Article 7. Segregation Housing
§ 3335. Administrative Segregation.
(a) When an inmate's presence in an institution's general inmate popu-
lation presents an immediate threat to the safety of the inmate or others,
endangers institution security or jeopardizes the integrity of an investiga-
tion of an alleged serious misconduct or criminal activity, the inmate
shall be immediately removed from general population and be placed in
administrative segregation. Administrative segregation may be accom-
plished by confinement in a designated segregation unit or. in an emer-
gency, to any single cell unit capable of providing secure segregation.
(b) Temporary Segregation. Pending a classification committee deter-
mination of the inmate's housing assignment, which may include assign-
ment to one of the segregation program units specified in section 3341 .5
of these regulations or to the general inmate population, an inmate may
be placed in a designated temporary housing unit under provisions of sec-
tions 3336-3341 of these regulations.
(c) An inmate's placement in segregation shall be reviewed by the In-
stitutional Classification Committee (ICC) within 10 days of receipt in
the unit and under provisions of section 3338(a) of these regulations. Ac-
tion shall be taken to retain the inmate in segregation or release to general
population.
(d) When, pursuant to this section, an ICC retains an inmate on segre-
gation status, the case shall be referred to a Classification Staff Represen-
tative (CSR) for review and approval. Unless otherwise directed by the
CSR, subsequent ICC reviews shall proceed in accordance with the fol-
lowing timelines until the inmate is removed from segregation status:
( 1 ) At intervals of not more than 90 days until pending Division C, D,
E, or F rules violation report is adjudicated. Upon resolution of such mat-
ters, an ICC shall review the inmate's case within 14 calendar days. At
that time, if no further matters are pending, but continued segregation
retention is required pending transfer to a general population, ICC re-
views shall be within at least every 90 days until the transfer can be ac-
complished.
(2) At intervals of not more than 180 days until a pending Division
A-1, A-2, or B rules violation report is adjudicated, a court proceeding
resulting from a referral to the district attorney for possible prosecution
is resolved, or the gang validation investigation process is complete.
Upon resolution of such matters, an ICC shall review the inmate's case
within 14 calendar days.
(3) At intervals of not more than 1 80 days until completion of the pend-
ing investigation of serious misconduct or criminal activity, excluding
gang validation, or pending resolution of safety and security issues, or in-
vestigation of non-disciplinary reasons for segregation placement.
Should the completed investigation result in the issuance of a Rules
Violation Report and/or a referral to the district attorney for criminal pro-
secution, an ICC shall review the case in accordance with the schedule
set forth in subsections (1), (2), or (3) above. Upon resolution of such
matters, an ICC shall review the inmate's case within 14 calendar days.
At that time, if no further matters are pending, but continued segregation
placement is required pending transfer to a general population. ICC re-
views shall be at least every 90 days until transfer can be accomplished,
(e) Inmate retention in administrative segregation beyond the initial
segregation ICC hearing shall be referred for CSR review and approval
within 30 days and then thereafter in accordance with subsection (d)
above. In initiating such reviews an ICC shall recommend one of the fol-
lowing possible outcomes:
( 1 ) Transfer to another institution in accordance with section 3379.
(2) Transfer to a Segregated Program Housing Unit in accordance with
section 3341.5.
(3) Retention in segregation pending completion of an active inves-
tigation into an alleged violation of the rules/disciplinary process, an in-
vestigation of other matters, or resolution of criminal prosecution. In
such instances an ICC shall offer a reasonable projection of the time re-
maining for the resolution of such matters.
(0 Subsequent to CSR approval of an extension of segregation reten-
tion, an ICC will schedule the case for future CSR review in a time frame
consistent with the projection(s) made in accordance with subsection (d)
above.
(g) Inmates in segregation who have approved Security Housing Unit
(SHU) term status, but are still awaiting other processes (i.e., court pro-
ceedings, adjudication of other rule violation reports, gang validation,
etc.). shall be reviewed by an ICC in accordance with the SHU classifica-
tion process noted in subsection 3341.8.
(h) The need for a change in housing or yard status of any inmate segre-
gated under the provisions of this article shall be reviewed at the next con-
vened ICC hearing.
(i) All classification committee actions shall be documented, includ-
ing a specific record of the inmate's participation, an explanation of the
reason(s), and the informafion and evidence relied upon for the action
taken. The inmate shall be provided copies of the completed forms relied
upon in making the decisions affecfing the inmate.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Code; Wright v. Enomoto, (1976) 462 F Supp 397; and Toussaint v.
McCarthy (9th Cir. 1986) 801 F2d 1080, cert, denied, 481 U.S. 1069.
History
1. Repealer of Article 7 (Sections 3340-3357) and new Article 7 (Sections
3335-3345) filed 4-18-80; effective thirtieth day thereafter (Register 80 No.
16). For prior history see Registers 76, No. 31; 77, No. 9; 78, No. 25; and 79,
No. 34.
2. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter
(Register 81, No. 39).
3. Amendment filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12^-87; dis-
approved by OAL (Register 88, No. 16).
5. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
7. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
8. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
9. Amendment of article heading and subsection (c), repealer of subsections
(c)(l)-(c)(l)(B), new subsections (d)-(i) and amendment of Nort. filed
6-15-2005 as an emergency pursuant to Penal Code section 5058.3; operative
6-15-2005 (Register 2005, No. 24). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-22-2005 or emergency language will be repealed bv op-
eration of law on the following day.
10. Editorial correction of subsection (d)(3) and History 9 (Register 2005, No.
50).
11. Certificate of Compliance as to 6-15-2005 order transmitted to OAL
10-31-2005 and filed 12-15-2005 (Register 2005, No. 50).
§ 3336. Segregation Order.
Authority to order an inmate to be placed in administrative segrega-
tion, before such action is considered and ordered by a classification
hearing, may not be delegated below the staff level of correctional lieu-
Page 188.25
Register 2008, No. 28; 7-11-2008
§3337
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
tenant except when a lower level staff member is the highest ranking offi-
cial on duty.
(a) The reason for ordering an inmate's placement in administrative
segregation will be clearly documented on a CDC Form 1 14-D (Order
and Hearing on Segregated Housing) by the official ordering the action
at the time the action is taken.
(b) In addition to explaining the reason and need for an inmate' s place-
ment in administrative segregation, the official ordering the action will
determine if a staff member needs to be assigned to assist the inmate in
presenting the inmate' s position at a classification hearing on the need for
retention in segregated housing. Staff assistance will be assigned and the
assignment will be noted on the CDC Form 1 14-D if the inmate is illiter-
ate or if the complexities of the issues make it unlikely that the inmate can
collect and present evidence necessary for an adequate comprehension
of the inmate's position at a classification hearing. If an inmate is not illit-
erate and the issues are not complex, staff assistance will not be assigned.
The reason for not assigning staff assistance will be entered on the CDC
Form 1 14-D.
(c) In assigning staff assistance, the official initiating the CDC Form
114-D will designate the inmate's caseworker by name, as the staff
member to assist the inmate. If the assigned caseworker's name is not
known or cannot be readily determined by the official initiating the CDC
Form 1 1 4-D, the words "assigned caseworker" will be entered on the
form.
(d) A copy of the CDC Form 1 14-D, with the "order" portion of the
form completed, will if practical, be given to the inmate prior to place-
ment in administrative segregation but not later than 48 hours after such
placement. Copies of the CDC Form 1 14-D with the "order" portion
completed will also be submitted to the warden or superintendent or des-
ignated staff for review and possible further action as described in section
3337. A copy of the CDC Form 1 14-D will also be routed to the records
office as a notice of the inmate's current status and pending actions.
NOTL: Authority cited: Section 5058, Penal Code. Reference: Section 5054, penal
Code.
History
1. Change without regulatory effect amending first paragiaph filed 3-22-2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 12).
§ 3337. Review of Segregation Order.
On the first work day following an inmate's placement in administra-
tive segregation, designated staff at not less than the level of correctional
captain will review the order portion of the CDC Form 1 14-D. If reten-
tion in administrative segregation is approved at this review, the follow-
ing determinations will be made at this level:
(a) Determine the appropriate assignment of staff assistance, if such
assistance was deemed necessary by the official initiating the CDC Form
114-D. If the inmate's caseworker is not an appropriate assignment be-
cause of the caseworker's schedule, an alternate staff assistance assign-
ment will be made. The inmate will be notified in writing of any change
in the assignment of staff assistance. An inmate may decline to accept the
assignment of his or her caseworker or the first person assigned. In such
cases a different staff member will be assigned to assist the inmate.
(b) Determine the inmate's desire to call witnesses or submit other
documentary evidence. If the inmate requests the presence of witnesses
or submission of documentary evidence at a classification hearing on the
reason or need for retention in segregated housing, an investigative em-
ployee will be assigned to the case. A request to call witnesses and the
names of witnesses must be submitted in writing by the inmate.
(c) Determine if the inmate has waived the 72-hour time limit in which
a classification hearing cannot be held, as indicated on the CDC Form
1 1 4-D, or if the inmate desires additional time to prepare for a classifica-
tion hearing. A request and the reason forneeding additional time to pre-
pare for a hearing must be submitted in writing by the inmate. In the ab-
sence of an inmate's waiver of the 72-hour preparation period or an
approved request for additional preparation time, a classification hearing
cannot be held earlier than 72 hours after the inmate' s placement in segre-
gated housing, but will be held as soon thereafter as it is practical to do
so.
(d) Determine the most appropriate date and time for a classification
hearing based upon the determination arrived at under (a)(b) and (c) and
the time limitations prescribed in section 3338.
NOTlr. Authority cited: Section 5058. Penal Code. Reference: Section 5054, Penal
Code.
§ 3338. Hearing on Segregated Housing Order.
(a) A classification hearing for consideration and determination of the
need to retain an inmate in segregated housing, for the reasons set forth
in a segregation order, CDC Form 1 14-D, will be held as soon as it is
practical and possible to do so, but in no case longer than 10 days from
the date the inmate was initially placed in segregated housing, except for
the following reasons:
( 1 ) The segregation order, CDC Form 1 14-D, has been withdrawn and
the inmate has been returned to general population status pursuant to Sec-
tion 3339.
(2) The inmate has been afforded the procedural safeguards of a disci-
plinary hearing for a serious rule violation and the case has been referred
to a classification committee for review, as provided in Section 33 1 5(g).
In such cases the classification committee may rely upon the findings of
the disciplinary hearing in determining the inmate's need for segregated
housing and in ordering such placement. A separate order and hearing on
segregated housing is not required in such cases.
(3) The inmate is retained in segregated housing for any Administra-
tive reasons or purposes after acquittal or dismissal of disciplinary
charges for which the inmate was segregated pending a disciplinary hear-
ing. In such cases, a segregated housing order shall be initiated and a
hearing shall be held on the order within the time limits and under the pro-
cedural safeguards set forth in Section 3339(b).
(4) A continuing state of emergency exists within the institution, as de-
scribed in Section 3383. Under such circumstances the hearing will be
held as soon as it is safe and practical to do so.
(b) The hearing on an administrative segregation order, CDC Form
1 1 4-D, may be conducted by a single classification hearing officer (facil-
ity captain, correctional captain, correctional counselor III, or experi-
enced correctional lieutenant, or correctional counselor II.) This does not
preclude the use of classification committees or subcommittees of classi-
fication for such hearings if such committee hearings can be scheduled
and conducted within the time constraints required for such hearings.
This option is left to the discretion of each warden and superintendent.
(c) The inmate will be present at the initial hearing on an administra-
tive segregation order except under the applicable conditions as de-
scribed in section 3320 (g) of the director's rules relating to disciplinary
hearings. If the hearing is held without the inmate present, the reason will
be documented on the segregation order form. Any staff member as-
signed to assist the inmate will also be present at the hearing.
(d) The primary purpose of the initial hearing on an administrative seg-
regation order, CDC Form 1 14-D, is to determine the need for continued
retention in administrative segregation pending criminal prosecution,
disciplinary proceedings, the resolution of nondisciplinary issues or con-
siderations, and reclassification by the institution's main classification
committee for assignment to a specialized security housing unit, or an ac-
tion on the main classification committee' s recommendation for transfer
to an institution with appropriate specialized security housing units.
(e) When the reason for an inmate' s initial placement in administrative
segregation is a disciplinary matter and likely to result in a formal report
of violation of institution rules on a CDC Form 1 15, or a referral to the
district attorney for possible criminal prosecution, the hearing will as-
sume the alleged misconduct or criminal activities to be factual as re-
ported in the segregation order. The hearing will not consider evidence
or information relating to the guilt or innocence of the inmate. The only
determination to be made is whether the inmate needs to be retained in
administrative segregation for the reasons given in subsection 3335 (a)
and in the segregation order, CDC Form 1 14-D, pending resolution or
disposition of disciplinary issues. If the hearing decision is to retain the
Page 188.26
Register 2008, No. 28; 7-11-2008
Title 15
Adult Institutions, Programs and Parole
§3340
inmate in administrative segregation, the case will be referred to the next
scheduled meeting of the institution's main classification committee for
review. The main classification committee may review the case in absen-
tia and continue the inmate in administrative segregation pending resolu-
tion of the disciplinary issues, or schedule the inmate for a personal ap-
pearance to consider placement in a specialized security unit based upon
other nondisciplinary reasons necessitating such placement.
(f) When the reason for an inmate's placement in administrative segre-
gation is for nondisciplinary reasons, the hearing will consider all avail-
able evidence or information relating to the validity of the reasons given
for such placement as well as the need to retain the inmate in administra-
tive segregation pending resolution of the situation or circumstances set
forth in the administrative segregation order.
(g) All cases of nondisciplinary administratively segregated inmates
referred to the institution's main classification committee in place of an
initial hearing on a segregation order or for a review of an initial hearing
decision, will require the inmate's personal appearance except under the
applicable conditions for absentia hearings as described in section 3320
(g) of the director's rules.
(h) Based upon the finding of the investigative employee, the initial
hearing or the main classification committee will permit the inmate to
present witnesses and documentary evidence at the hearing unless the
initial hearing officer or the chairperson of the committee determines in
good faith that permitting such evidence will be unduly hazardous to the
institution safety or correctional goals. The reason for disallowing wit-
nesses or evidence will be documented in the "hearing" portion of the
segregation order, CDC Form 1 14-D, and in the classification commit-
tee's report (CDC Form 1 28-G) depending upon the hearing at which the
presentation of such evidence or witnesses would have otherwise been
presented.
(i) The determinations arrived at in the classification hearing will be
documented in the hearing portion of the segregation order, CDC Form
1 14-D, and in the classification committee report, CDC Form 128-G,
depending upon the hearing at which the need for segregated housing is
resolved. Such documentation will include an explanation of the reason
and the information and evidence relied upon for the action taken. A copy
of the completed CDC Form 1 14-D and any CDC Form 128-G resulting
from hearings will be routed to the inmate's central file. The inmate will
also be given copies of all completed forms and of all other documents
relied upon in the hearing except those containing confidential informa-
tion.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and Wright v. Enomoto, 462 F Supp 397 (1976).
History
1. Amendment of subsections (a)(2) and (a) (3) filed 3-2-83; effective thirtieth
day thereafter (Register 83, No. 12).
2. Change without regulatory effect amending subsections (c) and (g) filed
5-7-96; operative 6-6-96 (Register 96, No. 19).
3. Change without regulatory effect amending subsection (b) filed 7-30-2001 pur-
suant to section 100, tide 1, California Code of Regulations (Register 2001, No.
31).
4. Change without regulatory effect amending subsection (b) filed 8-6-2001 pur-
suant to section 100. title 1, California Code of Regulafions (Register 2001, No.
32).
§ 3339. Release from Administrative Segregation and
Retention in Administrative Segregation.
(a) Release: Release from segregation status shall occur at the earliest
possible time in keeping with the circumstances and reasons for the in-
mate's initial placement in admmistrative segregation. Nothing in this ar-
ticle shall prevent the official ordering an inmate's placement in adminis-
trative segregation, or a staff member of higher rank in the same chain
of command, from withdrawing an administrative segregation order be-
fore it is acted upon or prior to a hearing on the order after consulting with
and obtaining the concurrence of the administrator of the general popula-
tion unit to which the inmate will be returned or assigned. Release from
segregated housing after such placement shall be effected only upon the
written order of an equal or higher authority.
(b) Retention: Subsections (b)(l)-(b)(5) set forth procedural safe-
guards. These procedural safeguards apply to inmates retained for ad-
ministrative reasons after the expiration of a definite term or terms of
confinement for disciplinary reasons. Definite terms of confinement
shall be set or reduced by classification or administrative action.
( 1 ) A segregated housing order, CDC Form 1 14-D, shall be initiated,
giving written notice of the reasons for such retention in sufficient detail
to enable the inmate to prepare a response or defense. Except in case of
a genuine emergency, a copy of the order shall be given to the inmate
prior to the expiration of the determinate term or terms of confinement.
In no case shall notice be given later than 48 hours after the expiration
of the determinate term or terms.
(2) A fair hearing before one or more classification officials shall be
held not more than 96 hours after the inmate is given a copy of the segre-
gated housing order, unless the inmate requests, in writing, and is granted
additional time to prepare a defense.
(3) Representation by a staff assistant shall be provided if institution
officials determine that the inmate is illiterate or that the complexity of
the issues make it unlikely that the inmate can collect or present the evi-
dence necessary for an adequate comprehension of the case. The deter-
mination and designation is to be made at the time the segregated housing
order is prepared and shall be included on the copy of the order given the
inmate.
(4) The inmate shall be given a reasonable opportunity to present wit-
nesses and documentary evidence unless institution officials determine
in good faith that presentation of the evidence would be unduly hazard-
ous to institutional safety or correctional goals. The reason for disallow-
ing designated evidence will be explained in writing by the hearing body
on the segregated housing order.
(5) A copy of the completed segregated housing order containing a
written decision, including references to the evidence relied upon and the
reasons for retention in segregated housing beyond the expiration of the
expired term of confinement, if so retained, shall be given the inmate
upon completion of the hearing.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
History
1 . Repealer and new section filed 3-2-83; effective thirtieth day thereafter (Regis-
ter 83, No. 12).
2 Editorial correction of printing error in subsection (b)(2) (Register 92, No. 5).
§ 3340. Exclusions.
Separation from general population for the reasons and under the cir-
cumstances described in this section is not considered administrative
segregation and is specifically excluded from the other provisions of this
article.
(a) Medical. When an inmate is involuntarily removed from general
inmate status for medical or psychiatric reasons by order of medical staff
and the inmate's placement is in a hospital setting or in other housing as
a medical quarantine, the inmate will not be deemed as segregated for the
purpose of this article. When personnel other than medical staff order an
inmate placed in administrative segregation for reasons related to appar-
ent medical or psychiatric problems, that information will be immediate-
ly brought to the attention of medical staff The appropriateness of ad-
ministrative segregation or the need for movement to a hospital setting
will be determined by medical staff When medical and psychiatric rea-
sons are involved, but are not the primary reasons for an inmate's place-
ment in administrative segregation, administrative segregation status
will be continued if the inmate is moved to a hospital setting and the re-
quirements of this article will apply.
(b) Orientation and Lay-Over. Newly received inmates and inmates
in transit or lay-over status may be restricted to assigned quarters for that
purpose. Such restrictions should not be more confining than is required
for institution security and the safety of persons, nor for a period longer
than the minimum time required to evaluate the safety and security fac-
tors and reassignment to more appropriate housing.
Page 188.27
Register 2008, No. 28; 7-11-2008
§3341
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(c) Disciplinary Detention. Placement in disciplinary detention as an
ordered action of a disciplinary hearing is not subject to the provisions
of this article except as provided in section 3338 (a)(2) and (3).
(d) Confinement to Quarters. Confinement to quarters as an ordered
action of a disciplinary hearing is not subject to the provisions of this ar-
ticle.
(e) Segregated Inmates. When an inmate has been classified for segre-
gated housing in accordance with this article and commits a disciplinary
offense while so confined, or is returned to segregated housing upon
completion of a disciphnary detention sentence for an offcnse committed
in a segregated unit, the provision of this article will not apply.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
§ 3341 . Staff Assistance.
The duties and functions of a staff member assigned to assist an inmate
in a classification hearing on a segregated housing order will be the same
as described in section 3318 for a disciplinary hearing. When an inmate
requests witnesses at a classification hearing on a segregation order and
an investigative employee is assigned, the investigative employee's du-
ties and functions will be essentially the same as described in section
33 1 8 for predisciplinary hearing investigations. In screening prospective
witnesses, the investigative employee will do so in accordance with the
information to be considered in the classification hearing, as described
in section 3338 (e) and (0-
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Editorial correction removing extraneous text (Register 97, No. 5).
2. Change without regulatory effect amending section filed 1-29-97 pursuant to
section 100, title 1, California Code of Regulations (Register 97, No. 5).
§ 3341.5. Segregated Program Housing Units.
Special housing units are designated for extended term programming
of inmates not suited for general population. Placement into and release
from these units requires approval by a classification staff representative
(CSR).
(a) Protective Housing Unit (PHU). An inmate whose safety would be
endangered by general population placement may be placed in the PHU
providing the following criteria are met:
( 1 ) The inmate does not require specialized housing for reasons other
than protection.
(2) The inmate does not have a serious psychiatric or medical condi-
tion requiring prompt access to hospital care.
(3) The inmate is not documented as a member or an affiliate of a pris-
on gang.
(4) The inmate does not pose a threat to the safety or security of other
inmates in the PHU.
(5) The inmate has specific, verified enemies identified on CDC Form
812 likely to and capable of causing the inmate great bodily harm if
placed in general population.
(6) The inmate has notoriety likely to result in great bodily harm to the
inmate if placed in general population.
(7) There is no alternative placement which can ensure the inmate's
safety and provide the degree of control required for the inmate.
(8) It has been verified that the inmate is in present danger of great
bodily harm. The inmate's uncorroborated personal report, the nature of
the commitment offense or a record of prior protective custody housing
shall not be the sole basis for protective housing unit placement.
(b) Psychiatric Services Unit (PSU). An inmate with a diagnosed psy-
chiatric disorder not requiring inpatient hospital care, whose conduct
threatens the safety of the inmate or others, may be housed in a PSU if
the inmate is capable of participating in the unit's activities without un-
due risk to the safety of the inmate or others in the unit.
(c) Security Housing Unit (SHU). An inmate whose conduct endan-
gers the safety of others or the security of the institution shall be housed
in a SHU.
( 1 ) Assignment criteria. The inmate has been found guilty of an of-
fense for which a determinate term of confinement has been assessed or
is deemed to be a threat to the safety of others or the security of the institu-
tion.
(2) Length of SHU Confinement. Assignment to a SHU may be for an
indeterminate or for a fixed period of time.
(A) Indeterminate SHU Segregation.
1 . An inmate assigned to a security housing unit on an indeterminate
SHU term shall be reviewed by a classification committee at least every
180 days for consideration of release to the general inmate population.
An investigative employee shall not be assigned at these periodic classi-
fication committee reviews.
2. Except as provided at section 3335(a), section 3378(d) and subsec-
tion (c)(5), a validated prison gang member or associate is deemed to be
a severe threat to the safety of others or the security of the institution and
will be placed in a SHU for an indeterminate term.
(B) Determinate SHU Segregation.
1 . A determinate period of confinement in SHU may be established for
an inmate found guilty of a serious offense listed in section 3315 of these
regulations. The term shall be established by the Institutional Classifica-
tion Committee (ICC) using the standards in this section, including the
SHU Term Assessment Chart (see section 3341 .5(c)(9)), Factors in Miti-
gation or Aggravation (see section 3341.5(c)(10)), SHU Term Assess-
ment Worksheet CDC Form 629-A, Rev. 3/96, Assessment of Subse-
quent SHU Term Worksheet CDC Form 629-B, Rev. 9/90, and SHU
Time Computation Table (see CDC Form 629-D, Rev. 7/88).
2. The term shall be set at the expected term for the offense in the ab-
sence of mitigating or aggravating factors. Deviation from the expected
term shall be supported by findings pursuant to subsection (c)(7).
3. The terms shall be recorded on CDC Form 629-A, SHU Term
Assessment Worksheet, using the SHU Time Computation Table which
incorporates one-fourth clean conduct credit in the term. The computa-
tion shall establish a maximum release date and a minimum eligible re-
lease date (MERD). A copy of the CDC Form 629-A shall be given to
the inmate.
4. Serious misconduct while in SHU may result in loss of clean con-
duct credits or an additional determinate term for an inmate serving a de-
terminate term. Such additional term may be concurrent or consecutive
and shall be recorded on CDC Form 629-B with a copy given to the in-
mate. Such cases shall be referred to a CSR for approval; however, all re-
lease and retention requirements of section 3339 shall remain in effect
pending CSR approval.
5. Up to 45 days of a SHU inmate's clean conduct credits may be for-
feited for disciplinary infractions that are not serious enough to warrant
the assessment of a subsequent or concurrent SHU term. Such forfeiture
may be assessed against credits already earned or future credits.
6. Consecutive SHU terms shall be assessed only for offenses occur-
ring after commencement of a prior determinate SHU term.
7. The ICC may commute or suspend any portion of a determinate
term. Once commuted, the term shall not be reimposed. If suspended, the
period of suspension shall not exceed the length of the original term im-
posed. When either action occurs, the case shall be referred to a classifi-
cation staff representative (CSR) with a placement recommendation.
8. The Unit Classification Committee shall conduct hearings on all de-
terminate cases at least 30 days prior to their MERD or during the elev-
enth month from the date of placement, whichever comes first.
(3) Release from SHU. An inmate shall not be retained in SHU beyond
the expiration of a determinate term or beyond 1 1 months, unless the clas-
sification committee has determined before such time that continuance
in the SHU is required for one of the following reasons:
(A) The inmate has an unexpired MERD from SHU.
(B) Release of the inmate would severely endanger the lives of inmates
or staff, the security of the institution, or the integrity of an investigation
into suspected criminal activity or serious misconduct.
(C) The inmate has voluntarily requested continued retention in segre-
gation.
Page 188.28
Register 2008, No. 28; 7-11-2008
Title 15
Adult Institutions, Programs and Parole
§ 3341.5
(4) A validated prison gang member or associate shall be considered
for release from a SHU, as provided above, after the inmate is verified
as a gang dropout through a debriefing process.
(5) As provided at section 3378(e), the Departmental Review Board
(DRB) may authorize SHU release for prison gang members or
associates categorized as inactive. The term inactive means that the in-
mate has not been involved in gang activity for a minimum of six (6)
years. Inmates categorized as inactive who are suitable for SHU release
shall be transferred to the general population of a Level IV facility for a
period of observation that shall be no greater than 12 months. Upon
completion of the period of observation, the inmate shall be housed in a
facility commensurate with his or her safety needs. In the absence of safe-
ty needs, the inmate shall be housed in a facility consistent with his or her
classification score. The DRB is authorized to retain an inactive gang
member or associate in a SHU based on the inmate's past or present level
of influence in the gang, history of misconduct, history of criminal activ-
ity, or other factors indicating that the inmate poses a threat to other in-
mates or institutional security.
(6) As provided at section 3378(f), an inmate categorized as inactive
or validated as a dropout of a prison gang and placed in the general popu-
lation may be returned to segregation based upon one reliable source item
identifying the inmate as a currently active gang member or associate of
the prison gang with which the inmate was previously validated. Current
activity is defined as, any documented gang activity within the past six
(6) years. The procedures described in this Article shall be utilized for the
removal of the inmate from the general population, the review of the ini-
tial segregation order, and all periodic reviews of the indeterminate SHU
term.
(7) Determinate SHU terms shall only be served in a departmentally
approved SHU or a facility specifically designated for that purpose.
(8) When an inmate is paroled while serving a determinate term, the
remaining time on the term is automatically suspended. When an inmate
returns to prison, either as a parole violator or with a new prison commit-
ment, ICC shall evaluate the case for reimposition of the suspended de-
terminate term. If reimposed, the term shall not exceed the time remain-
ing on the term at the time of parole.
(9) SHU Term Assessment Chart (fixing of determinate confinement
to SHU).
TYPICALTERM (Mas)
OFFENSE Low Expected High
(A) Homicide:
1. Murder, attempted murder, solicitation of
murder, or voluntary manslaughter of a
non-inmate. (36 48 60)
2. Murder, attempted murder, solicitation of
murder, or voluntary manslaughter of an
inmate. (15 26 36)
(B) Violence Against Persons:
1 . Assault on a non-inmate with a weapon
or physical force capable of causing mortal
or serious injury. (09 28 48)
2. Assault on an inmate with a weapon or physical
force capable of causing mortal or serious injury. (06 13 24)
3. Assault on a non-inmate with physical force
insufficient to cause serious injury. (06 12 18)
4. Assault on an inmate with physical force
insufficient to cause serious injury. (02 03 06)
5. Throwing a caustic substance on a non-inmate. (02 03 04)
(C) Threat to Kill or Assault Persons:
1. Use of non-inmate as hostage. (18 27 36)
2. Threat to a non-inmate. (02 05 09)
3. Threat to an inmate. (02 03 04)
(D) Possession of a Weapon:
1 . Possession of a firearm or explosive device. (18 27 36)
2. Pos.session of a weapon, other than a firearm or
explosive device which has been manufactured
or modified so as to have the obvious intent or
capability of inflicting traumatic injury, and
which is under the immediate or identifiable
control of the inmate. (06 10 15)
(H) Trafficking in Drugs:
Distributing controlled substances in an institution
or camp or causing controlled substances to be
brought into an institution or camp for the purpose
of distribution. (06 09 12)
TYPICALTERM (Mas)
Low Expected High
16
12
04
24)
18)
06)
18)
08
12)
06
09)
06
09)
06
09)
06
09)
OFFENSE
(F) Escape With Force or Attempted Escape with
Force. (09
(G) Disturbance, Riot, or Strike:
1 . Leading a disturbance, riot, or strike. (06
2. Active participation in, or attempting to cause
conditions likely to threaten institution security, (02
(H) Harassment of another person, group, or
entity either directly or indirectly through the
use of the mail or other means. (06
(I) Arson, Theft, Destruction of Property:
Theft or destioiction of State property where
the loss or potential loss exceeds $10,000 or
threatens the safety of others. (02
(J) Extortion and Bribery: extortion or bribery of a
non-inmate. (02
(K) Sexual Misconduct
1. indecent Exposure (03
2. Sexual Disorderly Conduct (two or more
offenses within a twelve month period) (03
(L) Refusal to Accept Assigned Housing (03
(M) Except as otherwise specified in this section,
proven attempts to commit any of the above listed
offenses shall receive one-half (1/2) of the term
specified for that offense.
(N) Any inmate who conspires to commit any of
the offenses above shall receive the term specified
for that offense.
(10) Factors in mitigation or aggravation of SHU term. The SHU term
shall be set at the expected range unless a classification committee finds
factors exist which warrant the imposition of a lesser or greater period of
confinement. The total period of confinement assessed shall be no less
than nor greater than the lowest or highest months listed for the offense
in the SHU Term Assessment Chart. In setting the term, the committee
shall determine the base offense. If the term being assessed includes mul-
tiple offenses, the offense which provides for the longest period of con-
finement shall be the base offense. Lesser offenses may be used to in-
crease the period beyond expected term. After determining the base
offense, the committee shall review the circumstances of the disciplinary
offense and the inmate's institutional behavior history using the factors
below. The committee shall then determine that either no unusual factors
exist or find that specific aggravating or mitigating factors do exist and
specify a greater or lesser term. The reasons for deviation from the ex-
pected term shall be documented on a CDC 1 28-G, Classification Chro-
no, and SHU Term Assessment Worksheet, a copy of which shall be pro-
vided to the inmate.
(A) Factors in Mitigation.
1 . The inmate has a minor or no prior disciplinary history.
2. The inmate has not been involved in prior acts of the same or of a
similar nature.
3. The misconduct was situational and spontaneous as opposed to
planned in nature.
4. The inmate was influenced by others to commit the offense.
5. The misconduct resulted, in part, from the inmate's fear for safety.
(B) Factors in Aggravation.
1 . The inmate's prior disciplinary record includes acts of misconduct
of the same or similar nature.
2. The misconduct was planned and executed as opposed to situational
or spontaneous.
3. The misconduct for which a SHU term is being assessed resulted in
a finding of guilty for more than one offense.
4. The inmate influenced others to commit serious disciplinary infrac-
tions during the time of the offense.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 314. 5054
and 5068, Penal Code; Sandin v. Connor (\995) 515 U.S. 472; Madrid v. Game:.
(N.D. Cal. 1995) 889 F.Supp. 1146; Toussuint v. McCarthy (9th Cir. 1990) 926
F.2d 800; Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alu-
meida, et ai, (N.D. Cal., No. C94-2847).
History
1. New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 1 20 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
Page 188.28(a)
Register 2008, No. 28; 7-11-2008
§ 3341.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
3. New section filed 1-4-88 as an emergency; operative 1^-88 (Register 88. No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 3-3-88; dis-
approved by OAL (Register 88, No. 24).
5. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88. No. 50).
7. Editorial correction of printing errors in subsection (c)(2)(B)l and CDC Forms
629-B and 629-D (Register 92, No. 5).
8. New subsection (c)(6)(H), subsection relettering, and amendment of Noti-. filed
7-29-93 as an emergency; operaUve 7-29-93 (Register 93. No. 31). A Certifi-
cate of Compliance must be transmitted to OAL 1 1-26-93, or emergency lan-
guage will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 7-29-93 order transmittedlo OAL 1 1-1 8-93
and filed 12-31-93 (Register 94. No. 1).
10. Amendment of subsection (c)(2)(B)l. and 4., new subsecfion (c)(2)(B)5. and
subsection renumbering, repealer of form CDC 629-A, and new form CDC
629-A filed 2-8-96 as an emergency per Penal Code section 5058(e); operative
2-8-96 (Register 96, No. 6). A Certificate of Compliance must be transmilted
to OAL by 7-1 8-96 or emergency language will be repealed by operation of law
on the following day.
1 1 . Certificate of Compliance as to 2-8-96 order including amendment of form
CDC 629-A transmitted to OAL 6-1 7-96 and filed 7-30-96 (Register 96, No.
31).
12. New subsection (c)(2)(A) 1 . designator, new subsections (c)(2)(A)2. and (c)(4)
and subsection relettering filed 1-21-99 as an emergency; operative 1-21-99
(Register 99, No. 4). Pursuant to Penal Code secfion 5058(e), a Certificate of
Compliance must be transmitted to OAL by 6-30-99 or emergency language
will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-21-99 order transmitted to OAL 6-30-99
and filed 8-12-99 (Register 99, No. 33).
14. Amendment of subsections (c)(2)(A)l. and 2. and (c)(4), new subsections
(c)(5) and (c)(6). subsection renumbering, amendment of newly designated
subsection (c)( 10) and amendment of Note filed 8-30-99 as an emersencv; op-
erative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 50.58(e),
a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emer-
gency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
16. Change without regulatory effect amending subsection (c)(2)(B)l. filed
10-16-2001 pursuant to section 100. title 1. California Code of Regulations
(Register 2001, No. 42).
17. Amendment of subsection (c)(6) and Note filed 5-25-2006; operative
5-25-2006 pursuant to Government Code section 1 1343.4 (Register 2006, No.
21).
18. Change without regulatory effect amending subsection (b) filed 6-27-2006
pursuant to section 100, title 1 . California Code of Regulations (Register 2006.
No. 26).
19. New subsections (c)(9)(K)-(c)(9)(K)2., subsection relettering and amendment
of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register
2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 8-2-2007 or emergency language will
be repealed by operation of law on the following day.
20. Certificate of Compliance as to 2-23-2007 order, including amendment of
subsection (c)(9)(K)l .-2., transmitted to OAL 7-27-2007 and filed 9-5-2007
(Register 2007, No. 36).
21. New subsection (c)(9)(L) and subsection relettering filed 12-28-2007; opera-
five 12-28-2007 pursuant to Government Code section 11343.4 (Register
2007, No. 52).
[The next page is 188.29.
Page 188.28(b)
Register 2008, No. 28; 7-11-2008
Title 15
Adult Institutions, Programs and Parole
§ 3341.5
•
STATE OF CALIFORNIA
SHU TERM ASSESSMENT WORKSHEET
CDC 62Q-A (Rev 3/Q6)
DEPARTMENT OF CORRECTIONS
CDC NUMBER
NAME (LAST, FIRST, Ml)
INSTITUTION
RULE VIOLATION RESULTING IN SHU TERM ASSESSMENT
(If more than one SHU assessable offense and no SHU term has been established, u'
term and less serious as aggravation.)
a. Rule No. Date Issued Title
Specific Act_
(Must be an offense on SHU Term Assessment Chart.)
List range of months for the offense using
SHU Time Computation Table
d. Enter "expected" (mid-range) years, months, days of confine
FACTORS IN MITIGATION AND AGGRAVATION
(Enter "NONE" for item 2c or indicate amount of time. Describe factors a'
sources. Use only factors listed in the DOM 62050 or Qi*fC!Hspnt offenses.
a. Mitigating Factors. Time subtracted for mit
1)
2)
3)
b. Aggravating Factors. Time added for aggr^atidks.y....A +
1)
2)
3)
Total time added or subtracte
TOTAL SHU CONFINEMENT TI
(Subtract or add time for mitigation or
DATE OF ADMINISTRA
MAXIMUM DATE OF REL
(Add total time assessed to date
MINIMUM SHU CONFINEMENT
(Enter 75% of the total SHU time (\tc
a. Date oJ^Mfinement/violation (
DAYS
YR MO DAYS
YR
MO DAYS
to expected, item Id plus or minus 2c) ^^ ^^ DAYS
ONFINEMENT/VIOLATION.
em 3 plus 4)
SERVE
ising the SHU Time Computation Table)
4)
MINIMUM M.I1
(Add the mini\ur
JLE">^LEASE DATE (MERD) ^"^
tim^te. the date of confinement, item 6 plus 6a)
YR
MO
DAY
YR
MO
DAY
YR
MO
DAYS
YR
MO
DAY
YR MO DAY
FORFEITURE ^FVOOQjB^^^^DUCT CREDITS FOR SUBSEQUENT MISCONDUCT
(Enter "NONE" fx iien^a or indicate the amount of time lost and describe and document the
misconduct for which ^edit is being forfeited). SHU inmates may forfeit up to 45 days of clean
iduct credits f<\ eV;h disciplinary infraction that is not serious enough to warrant the
assasment of a sumeqoent or concurrent SHU term. Such forfeiture may be assessed against
lits already earne^^r future credits.
a. ^^iSiijTie forfeited for CDC 115 - Dated:
1
YR MO DAYS
APJISTED MERD Cannot Exceed MAXIMUM
ddf the amount of time forfeited to the prior MERD, item 7 plus 8a)
YR
MO DAY
TAW COMPUTING TERM
DISTRIBUTION
DATE SIGNED
DATE ICC ESTABLISHED TERM
INAL - CENTRAL FILE; YELLOW - INMATE; PINK - AUDITOR
Page 188.29
Register 2006, No. 49; 12-8-2006
§ 3341.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE OF CALIFORNIA
INMATE'S NAME:
ASSESSMENT OF SUBSEQUENT SHU TERM WORKSHEET
NUMBER: INSTITUTION:
DEPARTMENT OF CORRECTIONS
UNIT:
VIOLATION COMMITTED WHILE CONFINED TO SHU
a. Rule No. Rule Title
Date of Violation
year mo. days
2. CALCULATION OF NEW EXPIRATION DATE IF DETERMINED TO BE CONSECUTIVE (CS)
a. If SHU term to be CS, indicate term from assessment chart and establish term: _
(convert to years, months and days)
Lowest Expected Highest
b. Prior maximum expiration date from 3(c), SHU Term Assessment Worksheet
c. Add a and b for new expiration date of all terms:
year
days
year
days
Lowest Expected Highest
3. CALCULATION OF NEW EXPIRATION DATE IF DETERMINED TO BE CONCURRENT (CC)
a. If SHU term to be CC, indicate term from assessment chart and establish term: _
(convert to years, months and days)
b. Date of this violation
c. Date term expires for current violation:
d. Expiration date of previous maximum period of confinement as shown in 5(c)
SHU Term Assessment Worksheet or 3(c) Subsequent Term Worksheet
year mo. days
year mo. days
year mo. days
4. ADJUSTMENT OF PREVIOUS MERD FOR FORFEITED CREDIT WITHOUT IMPOSITION OF NEW TERM
a. Original or most recent adjusted MERD for forfeited credit:
b. Add time forfeited for this violation: (All — for CS or CC terms)
c. New adjusted for forfeited credit MERD, not to exceed date all terms expire:
year
days
year
days
year
days
5. CALCULATION OF CONTROLLING MERD FOR NEW TERM/S
a. Maximum of term 2(c) if CS: 3(d) if CC:
b. Subtract date of this violation:
c. Results in maximum time to serve to expiration of all terms:
d. Determine clean conduct credit that may be earned as computed from
table and based on 5(c):
e. Subtract 5(d) from 5(a) for new controlling MERD:
year
mo.
days
year
mo.
days
year
mo.
days
year
mo.
days
year mo. days
SHU TERM COMPUTED BY:
Name and Title
Date
Date ICC Confirmed
SHU Term
Distribution:
White — Central File
Yellow — Inmate
Pink — Auditor
CDC 629-B (Rev 7/88)
Page 188.30
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3341.5
SHU TIME COMPUTATION TABLE
SHU
SHU
SHi:
SHU
SHi;
SHU
ti:rm
MHRD
TILKM
THRM
MRRD
t[;rm
ti;rm
mhrd
Tl-RM
MOS
ti;rm
CRBDIT
MOS
TKRM
CREDIT
MOS
TERM
CREDIT
2
1-15
0-15
47
35-8
11-22
92
60-0
23-0
3
2-8
0-22
48
36-0
12-0
93
69-23
23-7
4
3-0
1-0
49
36-23
12-7
94
70-15
23-15
5
3-23
1-7
50
37-15
12-15
95
71-8
23-22
6
4-15
1-15
51
38-8
12-22
96
72-0
24-0
7
5-8
1-22
52
39-0
13-0
97
72-73
24-7
8
6-0
2-0
53
39-23
13-7
98
73-15
24-15
9
6-23
2-7
54
40-15
13-15
99
74-8
24-22
10
7-15
2-15
55
41-8
13-22
100
75-0
25-0
11
8-8
2-22
56
42-0
14-0
101
75-23
25-7
12
9-0
3-0
57
42-23
14-7
102
76-15
25-15
13
9-23
3-7
58
43-15
14-15
103
77-8
25-22
14
10-15
3-15
59
44-8
14-22
104
78-0
26-0
15
11-8
3-22
60
45-0
15-0
105
78-23
26-7
16
12-0
4-0
61
45-23
15-7
106
79-15
26-15
17
12-23
4-7
62
46-15
15-15
107
80-8
26-22
18
13-15
4-15
63
47-8
15-22
108
81-0
27-0
19
14-8
4-22
64
48-0
16-0
109
81-23
27-7
20
15-0
5-0
65
48-23
16-7
110
82-15
27-15
21
15-23
5-7
66
49-15
16-15
111
83-8
27-22
22
16-15
5-15
67
50-8
16-22
112
84-0
28-0
23
17-8
5-22
68
51-0
17-0
113
84-23
28-7
24
18-0
6-0
69
51-23
17-7
114
85-15
28-15
25
18-23
6-7
70
52-15
17-15
115
86-8
28-22
26
19-15
6-15
71
53-8
17-22
116
87-0
29-0
27
20-8
6-22
72
54-0
18-0
117
87-23
29-7
28
21-0
7-0
73
54-23
18-7
118
88-15
29-15
29
21-23
7-7
74
55-15
18-15
119
89-8
29-22
30
22-15
7-15
75
56-8
18-22
120
90-0
30-0
31
23-8
7-22
76
57-0
19-0
121
90-23
30-7
32
24-0
8-0
77
57-23
19-7
122
91-15
30-15
33
24-23
8-7
78
58-15
19-15
123
92-8
30-22
34
25-15
8-15
79
59-8
19-22
124
93-0
31-0
35
26-8
8-22
80
60-0
20-0
125
93-23
31-7
36
27-0
9-0
81
60-23
20-7
126
94-15
31-15
37
27-23
9-7
82
61-15
20-15
127
95-8
31-22
38
28-15
9-15
83
62-8
20-22
128
96-0
32-0
39
29-8
9-22
84
63-0
21-0
129
96-23
32-7
40
30-0
10-0
85
63-23
21-7
130
97-15
32-15
41
30-23
10-7
86
64-15
21-15
131
98-8
32-22
42
31-15
10-15
87
65-8
21-22
43
32-8
10-22
88
66-0
22-0
44
33-0
11-0
89
6^23
22-7
45
33-23
11-7
90
67-15
22-15
46
34-15
11-15
91
68-8
22-22
7r purposes of computing remainder days, thirty (30) days constitute a month.
Page 188.31
Register 2006, No. 49; 12-8-2006
§3342
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3342. Case Review.
(a) The case of every inmate assigned to a segregated housing unit will
be continuously reviewed and evaluated by custodial and casework staff
assigned to the unit. Staff will confer on each case no less frequently than
once a week during the first two months of the inmate's segregated status.
Such case reviews will not be necessary during any week in which the
inmate's case is reviewed by a regular or special classification committee
or by staff who are authorized to take classification actions. Any signifi-
cant observations, determinations or recommendations, will be docu-
mented on the inmate's Detention/Segregation Record, CDC Form
114-A.
(b) Psychological Assessment. A psychological assessment of the in-
mate's mental health will be included in the case review and classifica-
tion committee review of inmates assigned to segregated housing units.
When any indication of psychiatric or psychological problems exists, the
case will be referred to the institution's psychiatrist or psychologist for
further evaluation and recommended classification committee actions, if
any.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
§ 3343. Conditions of Segregated Housing.
(a) Living Conditions. In keeping with the special purpose of a segre-
gated housing unit, and with the degree of security, control and supervi-
sion required to serve that purpose, the physical facilities of special pur-
pose segregated housing will approximate those of the general
population.
(b) Restrictions. Whenever an inmate in administrative segregation is
deprived of any usually authorized item or activity and the action and rea-
son for that action is not otherwise documented and available for review
by administrative and other concerned staff, a report of the action will be
made and forwarded to the unit administrator as soon as possible.
(c) Clothing. No inmate in administrative segregation will be required
to wear clothing that significantly differs from that worn by other inmates
in the unit, except that temporary adjustments may be made in an in-
mate's clothing as is necessary for security reasons or to protect the in-
mate from self-inflicted harm. No inmate will be clothed in any manner
intended to degrade the inmate.
(d) Meals. Inmates assigned to administrative segregation including
special purpose segregated housing, will be fed the same meal and ration
as is provided for inmates of the general population, except that a sand-
wich meal may be served for lunch. Deprivation of food will not be used
as punishment.
(e) Mail. Inmates assigned to administrative segregation, including
special purpose segregated housing, will not be restricted in their sending
and receiving of personal mail, except that incoming packages may be
limited in number, and in content to that property permitted in the segre-
gated unit to which an inmate is assigned.
(f) Visits. Inmates assigned to segregated housing, except for inmates
assigned to security housing units in accordance with Section 3341.5,
shall be permitted to visit under the same conditions as are permitted in-
mates of the general population. Inmates assigned to security housing
units shall be prohibited from physical contact with visitors.
(g) Personal Cleanliness. Inmates assigned to administrative segrega-
tion, including special purpose segregated housing, will be provided the
means to keep themselves clean and well-groomed. Haircuts will be pro-
vided as needed. Showering and shaving will be permitted at least three
times a week. Clothing, bedding, Unen and other laundry items will be
issued and exchanged no less often than is provided for general popula-
tion inmates.
(h) Exercise. Inmates assigned to special purpose segregation housing
will be permitted a minimum of one hour per day, five days a week, of
exercise outside their rooms or cells unless security and safety consider-
ations preclude such activity. When special purpose segregated housing
units are equipped with their own recreation yard, the yard periods may
substitute for other out of cell exercise periods, providing the opportunity
for use of the yard is available at least three days per week for a total of
not less than 1 hours a week.
(i) Reading Material. Inmates assigned to administrative segregation,
including special purpose segregated housing, will be permitted to obtain
and possess the same publications, books, magazines and newspapers as
are inmates of the general population, except that the quantity may be
limited for safety and security reasons. Library services will be provided
and will represent a cross-section of material available to the general
population.
(j) Telephones. Institutions will establish procedures for the making
of outside telephone calls by inmates in administrative segregation. Such
procedures will approximate those for the work/training incentive group
to which the inmate is assigned, except that individual calls must be spe-
cifically approved by the supervisor in charge or the administrator of the
unit before a call is made.
(k) Institution Programs and Services. Inmates assigned to segregated
housing units will be permitted to participate and have access to such pro-
grams and services as can be reasonably provided within the unit without
endangering security or the safety of persons. Such programs and ser-
vices will include, but are not limited to: education, commissary, library
services, social services, counseling, religious guidance and recreation.
(1) Visitation and Inspection. Inmates assigned to administrative seg-
regation, including special purpose segregated units, will be seen daily
by the custodial supervisor in charge of the unit and by a physician, regis-
tered nurse or medical technical assistant, and, by request, members of
the program staff. A timely response should be given to such requests
wherever reasonably possible.
(m) Management Disruptive Cases. Inmates assigned to segregated
housing who persist in disruptive, destructive and dangerous behavior
and who will not heed or respond to orders and warnings to desist, are
subject to placement in a management cell, as provided in Section 3332
(f).
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 2601(d)
and 5054, Penal Code.
History
1 . Amendment of subsections (e), (f) and (j) filed 2-16-83; effective thirtieth day
thereafter (Register 83, No. 8).
2. Amendment of subsection (f) filed 8-15-89; operative 9-14-89 (Register 89,
No. 33).
§ 3344. Administrative Segregation Records.
(a) An Administrative Segregation Log, CDC Form 1 14, will be main-
tained in each administrative segregation unit, including special purpose
segregated units. One Disciplinary Detention/Segregation Log may
serve two or more special purpose units which are administered and su-
pervised by the same staff members.
(b) A separate record will be maintained for each inmate assigned to
administrative segregation, including special purpose segregated units.
This record will be compiled on CDC Form 1 14-A, Detention/Segrega-
tion Record. In addition to the identifying information required on the
form, all significant information relating to the inmate during the course
of segregation, from reception to release, will be entered on the form in
chronological order.
Note; Authority cited: Section 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
§ 3345. Officer in Charge.
The custodial officer in charge of a disciplinary detention, segregation
or security housing unit where inmates are segregated for disciplinary or
administrative purposes, will insure that nothing is passed in or out of
such units unless it has been thoroughly inspected; that no unauthorized
visitors are permitted in such units; that all laundry, shoes, clothing, or
other materials and supplies going to or from the units are carefully in-
spected; that inmates needing medical attention receive it promptly; that
all locks and bars are inspected and maintained in secure and proper
working order; that proper precautions are taken in removing inmates
from their cells and in passing them from place to place. The general wel-
fare of inmates in segregated housing units and in all facilities therein will
Page 188.32
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3349
be properly maintained and regularly inspected to insure human decency
and sanitation.
NOTH: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
Article 7.5. Execution of Death Penalty
§ 3349. Method of Execution.
(a) Inmates sentenced to death shall have the opportunity to elect to
have the punishment imposed by lethal gas or lethal injection. Upon be-
ing served with the warrant of execution, the inmate shall be served with
CDC Form 1801-B (4/98), Service of Execution Warrant, Warden's Ini-
tial Interview. The completed CDC Form 1801-B shall be transmitted to
the warden.
(b) The inmate shall be notified of the opportunity for such selection
and that, if the inmate does not choose either lethal gas or lethal injection
within ten days after being served with the execution warrant, the penalty
of death shall be imposed by lethal injection. The inmate's attestation to
this service and notification shall be made in writing and witnesses utiliz-
ing the CDC Form 1801 (Rev. 4/98), Notification of Execution Date and
Choice of Execution Method. The completed CDC Form 1801 shall be
transmitted to the warden.
(c) The inmate's selection shall be made in writing and witnessed uti-
lizing the CDC Form 1 801-A (Rev. 4/98), Choice of Execution Method.
The completed CDC Form 180 1 -A shall be transmitted to the warden.
(d) The inmate' s selection shall be irrevocable, with the exception that,
if the inmate sentenced to death is not executed on the date set for execu-
tion and a new execution date is subsequently set, the person again shall
have the opportunity to elect to have the punishment impo.sed by lethal
gas or lethal injection, according to the procedures set forth in sections
(a), (b), and (c).
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 3604, Penal
Code.
History
1. New article 7.5 and section filed 12-22-92 as an emergency: operative 1-1-9.3
(Register 93, No. 1). A Certificate of Compliance must be transmitted to OAI.
4-22-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 1-22-92 order transmitted to OAL 4-9-93 and
filed 4-29-93 (Register 93, No. 18).
3. Amendment of section and repealer and new form CDC 1801 filed 12-10-98;
operative 1-9-99 (Register 98, No. 50).
Page 188.33
Register 2006, No. 49; 12-8-2006
§3349
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE OF CALIFORNIA
NOTIFICATION OF EXECUTION DATE
AND CHOICE OF EXECUTION METHOD
CDC 1801 (Rev. 4/98)
DEPARTMENT OF CORRECTIONS
DISTRIBUTION
ORIG.- WARDEN
YELLOW - CENTRAL FILE
PINK - INMATE
On
I,
MONTH. DATE AND YHAR
was served Warrant of Execution number
PRINT OR TYPE FULE NAME
issued by
County Superior Court on
NAME OF COUNTY
MONTH. DATE, YEAR
It was explained to me that I have an execution date of
MONTH, DATE, YEAR
and that I may choose either lethal gas or lethal injection as the method of execution. I understand that
I have ten days from the date of the service of the warrant, or until
MONTH, DATE, YEAR
to make this choice in writing to the Warden.
I also understand that if I do not make a choice, lethal injection will be the method of execution.
INMATE'S SIGNATURE
CDC NUMBER
DATE SIGNED
SIGNATURE OF WITNESS
DATE SIGNED
COMMENTS OF WITNESS
Page 188.34
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3349
STATE OF CALIFORNIA
CHOICE OF EXECUTION METHOD
CDC 1801-A (Rev. 4/98)
DEPARTMENT OF CORRECTIONS
DISTRIBUTION
ORIG. - WARDEN
YELLOW - CENTRAL FILE
PINK - INMATE
On
, I,
MONTH, DATIi. YHAR WARRANT WAS SERVHD
was served Warrant of Execution number
the County Superior Court on
PRINT OR TYPE FULL NAME
issued by
NAME OF COUNTY
MONTH. DATE. YEAR
I have been notified that my execution date will be
MONTH, date;, year
and that I may choose either lethal gas or lethal injection as the method of execution. I understand that
I had ten days from the date the warrant was served, or until
MONTH. DATE, YEAR
to make this choice in writing to the Warden.
I also understand that if I do not make a choice, lethal injection will be the method of execution.
This is to notify the Warden that my choice is
(either lethal gas or lethal injection).
LETHAL GAS OR LETHAL INJECTION
INMATE'S SIGNATURE
CDC NUMBER
DATE SIGNED
SIGNATURE OF WITNESS
DATE SIGNED
COMMENTS OF WITNESS
Page 188.35
Register 2006, No. 49; 12-8-2006
§3349
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE OF CALIFORNIA
SERVICE OF EXECUTION WARRANT
WARDEN'S INITIAL INTERVIEW
CDC 1801 B (4/98)
DEPARTMENT OF CORRECTIONS
, have received a copy of the Warrant of Execution number
PRINT OR TYPE FULL NAME
issued by_
County Superior Court
NAME OF COUNTY
on
MONTH. DAY, YEAR
I have had an opportunity to discuss its ramifications and other related issues
with a prison administrator on
I understand that I am entitled to elect either lethal
MONTH. DAY. YEAR
gas or lethal injection as the method of my execution. I further understand I must make my choice in writ-
ing to the warden. If I do not choose either lethal gas or lethal injection within ten days after the service
of this execution warrant, I understand the method of execution will be lethal injection. I further under-
stand if I receive a stay of execution, I will again have the opportunity to choose the method of execution
when I am served with another execution date. I understand I have an execution date of
MONTH, DAY. YEAR
X
INMATE'S SIGNATURE
( ) Inmate has received a copy of the Warrant of Execution but refuses to sign for it.
X
INMATE'S SIGNATURE
( ) Inmate understands he may choose either lethal gas or lethal injection as the method of execution.
( ) Inmate understands he must make his choice in writing to the Warden within ten days after service
of this execution warrant. This ten day period expires on .
MONTH, DAY. YEAR
( ) Inmate understands he will be recontacted on the above date if the Warden has not received his
written notice of choice.
( ) Inmate understands if he makes no choice, execution will be imposed by lethal injection.
( ) Inmate understands the nature of the document and the possible ramifications.
( ) Inmate has been in contact with legal counsel regarding this matter.
( ) Inmate understands he will be interviewed by psychiatric staff and a report of their findings will
be filed.
( ) Inmate claims to be of the faith.
( ) Inmate understands he will be interviewed by a chaplain and a nonspecific report will be filed.
( ) Inmate has had an explanation of the course of events set in motion by the Warrant of Execution.
INTERVIER'S OBSERVATION AND COMMENTS
WARDEN/DESIGNEE'S PRINTED NAME
WARDEN/DESIGNEE'S SIGNATURE
DATE SIGNED
WITNESS' PRINTED NAME
WITNESS' SIGNATURE
DATE SIGNED
Page 188.36
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3350.1
Article 8. Medical and Dental Services
§ 3350. Provision of l\/ledicai Care and Definitions.
(a) The department shall only provide medical services for inmates
which are based on medical necessity and supported by outcome data as
effective medical care. In the absence of available outcome data for a spe-
cific case, treatment will be based on the judgment of the physician that
the treatment is considered effective for the purpose intended and is sup-
ported by diagnostic information and consultations with appropriate spe-
cialists. Treatments for conditions which might otherwise be excluded
may be allowed pursuant to section 3350.1(d).
(b) For the purposes of this article, the following definitions apply:
(1) Medically Necessary means health care services that are deter-
mined by the attending physician to be reasonable and necessary to pro-
tect life, prevent significant illness or disability, or alleviate severe pain,
and are supported by health outcome data as being effective medical care.
(2) Outcome Study means the definition, collection and analysis of
comparable data, based on variations in treatment, concerning patient
health assessment for purposes of improving outcomes and identifying
cost-effective alternatives.
(3) Outcome Data mean statistics such as diagnoses, procedures, dis-
charge status, length of hospital stay, morbidity and mortality of patients,
that are collected and evaluated using science-based methodologies and
expert clinical judgment for purposes of outcome studies.
(4) Severe pain means a degree of discomfort that significantly dis-
ables the patient from reasonable independent function.
(5) Significant illness and disability means any medical condition that
causes or may cause if left untreated a severe limitation of function or
ability to perform the daily activities of life or that may cause premature
death.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Repealer of Article 8 (Sections 3370-3372) and new Article 8 (Sections
3350-3359) filed 4-1 8-80; effective thirtieth day thereafter (Register 80, No.
16). For prior history see Register 77, No. 9.
2. Amendment of article heading, section heading and text filed 7-2-93; operative
8-2-93 (Register 93, No. 27).
3. Amendment of section heading, relocation of subsections 3350(a)-(c) to
3350.2(a)-(c), and new subsections (a)-(b)(3) filed 2-17-95 as an emergency;
operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed an
emergency pursuant to section 5058(e) of the Penal Code and remains in effect
for 160 days. A Certificate of Compliance must be transmitted to OAL by
8-8-95 or emergency language will be repealed by operation of law on the fol-
lowing day.
4. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95,
No. 32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Register 96,
No. 8).
6. Amendment of section heading, renumbering of subsections 3350(a)-(c) to
3350.2(a)-(c), and new subsections (a)-(b)(3) filed 2-21-96 as an emergency;
operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must be
transmitted to OAL by 6-20-96 or emergency language will be repealed by op-
eration of law on the following day.
7. Certificate of Comphance as to 2-21-96 order including amendment of subsec-
tion (a) and new subsections (b)(4) and (b)(5) transmitted to OAL 6-1 8-96 and
filed 7-9-96 (Register 96, No. 28).
§ 3350.1 . Medical and Dental Treatment/Service
Exclusions.
(a) Treatment refers to attempted curative treatment and does not pre-
clude palliative therapies to alleviate serious debilitating conditions such
as pain management and nutritional support. Treatment shall not be pro-
vided for the following conditions:
( 1 ) Conditions that improve on their own without treatment. Examples
include, but are not limited to:
(A) Common cold.
(B) Mononucleosis.
(C) Viral hepatitis A.
(D) Viral pharyngitis.
(E) Mild sprains.
(2) Conditions that are not readily amenable to treatment, including,
but not limited to, those which may be made worse by treatment with con-
ventional medication or surgery, and those that are so advanced in the
disease process that the outcome would not change with existing conven-
tional or heroic treatment regimens. Examples include, but are not lim-
ited to:
(A) Multiple organ transplants.
(B) Temporomandibular joint dysfunction.
(C) Grossly metastatic cancer.
(3) Conditions that are cosmetic. Examples include, but are not limited
to:
(A) Removal of tattoos.
(B) Removal of nontoxic goiter.
(C) Breast reduction or enlargement.
(D) Penile implants.
(b) Surgery not medically necessary shall not be provided. Examples
include, but are not limited to:
( 1 ) Castration.
(2) Vaginoplasty (except for Cystocele or Rectocele).
(3) Vasectomy.
(4) Tubal ligation.
(c) Services that have no established outcome on morbidity or im-
proved mortality for acute health conditions shall not be provided. Exam-
ples include, but are not limited to:
(1) Acupuncture.
(2) Orthoptics.
(3) Pleoptics.
(d) Treatment for those conditions that are excluded within these regu-
lations may be provided in cases where all of the following criteria are
met:
(1) The inmate's attending physician or dentist prescribes the treat-
ment.
(2) The service is approved by the medical authorization review com-
mittee, or the dental authorization review committee, and the health care
review committee. The decision of the review committee, as applicable,
to approve an otherwise excluded service shall be based on:
(A) Available health and dental care outcome data supporting the ef-
fectiveness of the services as medical or dental treatment.
(B) Other factors, such as:
1. Coexisting medical or dental problems.
2. Acuity.
3. Length of the inmate's sentence.
4. Availability of the service.
5. Cost.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section, including relocation and amendment of old subsection 3354. 1 (a)
to 3350.1(b), filed 2-17-95 as an emergency; operative 3-1-95 (Register 95,
No. 9). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 or emergency language will
be repealed by operation of law on the following day.
2. New section refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95,
No. 32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certiticate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
3. Reinstatement of secdon as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code secdon 1 1346.1(f) (Retiister 96,
No. 8).
4. New section, including renumbering and amendment of former subsection
3354.1(a) to 3350.1(b), filed 2-21-96 as an emergency; operative 2-21 96
(Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL
Page 188.37
Register 2007, No. 16; 4-20-2007
§ 3350.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
by 6-20-96 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 2-2 1-96 order including amendment of subsec-
tion (a), repealer of subsection (d)(2) and subsection renumbering, amendment
of newly designated subsection (d)(2). repealer of newly designated subsection
(d)(2)(A) and subsection relettering, and amendment of newly designated sub-
section (d)(2)(A) transmitted to OAL 6-18-96 and filed 7-9-^96 (Register 96,
No. 28).
6. Amendment of subsections (d)(l)-(d)(2)(A) and (d)(2)(B)l. filed 10-3-2006
as an emergency; operative 10-3-2006 (Register 2006, No. 40). Pursuant to Pe-
nal Code section 3058.3, a Certificate of Compliance must be transmitted to
OAL by 3-12-2007 or emergency language will be repealed by operation of
law on the following day.
7. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007
and filed 4-18-2007 (Register 2007, No. 16).
§ 3350.2. Off-Site Health Care Treatment.
(a) Each facility shall maintain contractual arrangements with local
off-site agencies for those health services deemed to be medically neces-
sary as defined in section 3350(b)( 1 ), and that are not provided within the
facility. Such services may include medical, surgical, laboratory, radio-
logical, dental, and other specialized services likely to be required for an
inmate's health care.
(b) When medically necessary services are not available for an inmate
within a facility, the facility' s chief medical or dental officer may request
the institution head's approval to temporarily place that inmate in a com-
munity medical facility for such services.
(c) In an extreme emergency when a physician is not on duty or imme-
diately available, the senior custodial officer on duty may, with assis-
tance of on-duty health care staff, place an inmate in a community medi-
cal facility. Such emergency action shall be reported to the facility's
administrative and medical officers-of-the-day as soon as possible.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section, including relocation and amendment of old subsections
3350(a)-(c) to 3350.2(a)-l:c), filed 2-1 7-95 as an emergency; operative 3-1-95
(Register 95, No. 9). This regulatory action was deemed an emergency pursuant
to section 5058(e) of the Penal Code and remains in effect for 1 60 days. A Certif-
icate of Compliance must be transmitted to OAL by 8-8-95 or emergency lan-
guage will be repealed by operation of law on the following day.
2. New section refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95,
No. 32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
3. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 1 1346.1(f) (Register 96,
No. 8).
4. New section, including renumbering of former subsection 3350(a)-(c) to
3350.2( a)-(c), filed 2-2 1-96 as an emergency; operafive 2-2 1-96 (Register 96,
No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96
or emergency language will be repealed by operation of law on the following
day.
5 . Certificate of Compliance as to 2-2 1-96 order transmitted to OAL 6-1 8-96 and
filed 7-9-96 (Register 96, No. 28).
§ 3351 . Inmate Refusal of Treatment.
(a) Health care treatment, including medication, shall not be forced
over the objections of: a mentally competent inmate; the guardian of a
mentally incompetent inmate; or a responsible relative of a minor inmate,
except in an emergency, or as required to complete the examination or
tests for tuberculosis infection, or to implement the treatment for tubercu-
losis disease, or unless the provisions of Probate Code sections 3200 et
seq. or the procedures set forth in Keyhea v. Rushen, Solano County Su-
perior Court No. 67432, Order Granting Plaintiffs' Motion for Clarifica-
tion and Modification of Injunction and Permanent Injunction, filed Oc-
tober 31, 1986, hereby incorporated by reference, are followed. An
emergency exists when there is a sudden, marked change in an inmate's
condition so that action is immediately necessary for the preservation of
life or the prevention of serious bodily harm to the inmate or others, and
it is impracticable to first obtain consent. When an inmate has executed
an advance directive, pursuant to Probate Code sections 4600-4779 re-
lating to the Durable Power of Attorney for Health Care, and Health and
Safety Code sections 7185-7194.5 relating to the Natural Death Act,
health care staff shall act in accordance with the provisions of that ad-
vance directive, as provided by law.
(b) An inmate may accept or decline any or all portions of a recom-
mended dental treatment plan. The inmate's decision is reversible at any
time and shall not prejudice future treatments. Refusals shall be docu-
inented for inclusion in the initiate's health record.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 2600,
5054. and 7570 et seq.. Penal Code; Sections 3200 et seq.. Probate Code; Thar v.
Superior Court (Andrews) {\'i9?,)2\ Cal. Rptr.2d 357: Keyhea v. RusJmu Solano
County Superior Court No. 67432, Order Granting Plaintiffs" Motion for Clarifi-
cation and Modification of Injunction and Permanent Injunction, filed October 3 1 ,
1986; Sections 4600-4779. Probate Code; and Sections 7185-7194.5, Health and
Safety Code.
History
1 . Amendment of secfion heading and text filed 7-2-93; operafive 8-2-93 (Regis-
ter 93, No. 27).
2. Amendment of section and Notk filed 1-3-95 as an emergency; operative
1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted
to OAL 6-12-95 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of section and Notk filed 2-17-95 as an emergency; operative
3-1-95 (Register 95, No. 9). This regulatory acfion was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect for 1 60 days.
A Certificate of Compliance must be transmitted to OAL by 8-8-95 or emer-
gency language will be repealed by operafion of law on the following day.
4. Certificate of Compliance as to 1-3-95 order including amendment of subsec-
fion (a) and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95,
No. 30).
5. Amendment of section and NoTt: refiled 8-7-95 as an emergency; operative
8-7-95 (Register95, No. 32). This regulatory action was deemed an emergency
pursuant to section 5058(e) of the Penal Code and remains in effect for 1 60 days.
A Certificate of Compliance must be transmitted to OAL by 1-16-96 or emer-
gency language will be repealed by operafion of law on the following day.
6. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Govemment Code section 11346.1(f) (Register 96,
No. 8).
7. Amendment of section and Note filed 2-21-96 as an emergency; operative
2-21-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted
to OAL by 6-20-96 or emergency language will be repealed by operation of law
on the following day.
8. Certi ficate of Compliance as to 2-2 1 -96 order transmitted to OAL 6- 1 8-96 and
filed 7-9-96 (Register 96, No. 28).
§ 3352. Medical Authorization Review Committee.
(a) A medical authorization review (MAR) committee shall be estab-
lished within each correctional treatment center's (CTC) service area.
The committee shall meet as often as necessary to approve or disapprove
requests for medical services otherwise excluded by these regulations.
(b) The committee shall:
1 . Be composed of representatives from the health care staff of each
institution within the CTC's service area.
2. Consist of not less than three service area staff physicians.
(c) Committee decisions shall be based on criteria established in Sec-
tion 3350. 1 (d). Committee decisions shall be documented in the inmate' s
health record. Those cases that receive committee approval, shall be for-
warded along with all supporting documentation to the health care re-
view (HCR) committee. The treating physician shall notify the inmate of
the committee's decision
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of secfion heading and text filed 7-2-93; operafive 8-2-93 (Regis-
ter 93, No. 27).
2. Amendment filed 1-3-95 as an emergency; operative 1-3-95 (Register 95, No.
1 ). A Certificate of Compliance must be transmitted to OAL 6-12-95 or emer-
gency language will be repealed by operation of law on the following day.
3. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95,
No. 9). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 or emergency language will
be repealed by operation of law on the following day.
4. Amendment refiled 8-7-95 as an emergency; operafive 8-7-95 (Register 95,
No. 32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operafion of law on the following day.
Page 188.38
Register 2007, No. 16; 4-20-2007
Title 15
Adult Institutions, Programs and Parole
§ 3353.1
5. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 1 1346.1(f) (Register 96,
No. 8).
6. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96,
No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96
or emergency language will be repealed by operation of law on the following
day.
7. Renumbcrina of former section 3352 to new section 3353 filed 7-9-96; opera-
tive 7-9-96 ^Register 96, No. 28).
8. New section filed 7-9-96; operative 7-9-96 (Register 96, No. 28).
§ 3352.1 . Health Care Review Committee.
(a) The health care review (HCR) committee shall meet as often as
necessary to review cases approved by the MAR committee for medical
services and Dental Authorization Review (DAR) committee for dental
services otherwise excluded by these criteria in Section 3350.1(d).
(b) The HCR committee shall consist of, but not be limited to, the fol-
lowing:
(1) Assistant Deputy Director, Clinical Policy and Programs Branch,
Division of Correctional Health Care Services (DCHCS).
(2) Statewide Medical Director, DCHCS.
(3) Deputy Director, Health Care Administrative Operations Branch,
DCHCS.
(4) Statewide Dental Director, DCHCS.
(5) Selected Dental designees.
(6) Two selected specialist physicians.
(7) Nonvoting utilization management nurse, as necessary.
(c) Decisions to approve or deny an excluded service requires at least
one of either the Assistant Deputy Director, Clinical Policy and Programs
Branch, DCHCS, or the Deputy Director, Health Care Administrative
Operations Branch, DCHCS, or their designee be in attendance at the ap-
plicable review committee. All decisions shall be documented in the in-
mates health record.
(d) Decisions regarding medical services which have been referred by
the MAR committee shall be voted on by the Assistant Deputy Director,
Clinical Policy and Programs Branch, the Statewide Medical Director,
and the medical staff of the HCR. Decisions to approve or deny an ex-
cluded service shall be based upon a quorum of the majority of the above
members. The treating physician shall notify the inmate of the commit-
tee's decision regarding medical services.
(e) Decisions regarding dental services which have been referred by
the DAR committee shall be voted on by the Assistant Deputy Director,
Clinical Policy and Programs Branch, the Statewide Dental Director, and
the dental staff of the HCR. Decisions to approve or deny an excluded
service shall be based upon a quorum of the majority of the above mem-
bers. The treating dentist shall notify the inmate of the committee's deci-
sion regarding dental services.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 7-9-96; operative 7-9-96 (Register 96, No. 28).
2. Amendment filed 10-3-2006 as an emergency; operative 10-3-2006 (Register
2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 3-12-2007 or emergency language will
be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1 0-3-2006 order transmitted to OAL 3-7-2007
and filed 4-18-2007 (Register 2007, No. 16).
§ 3352.2. Dental Authorization Review Committee.
(a) Each departmental institution shall establish a Dental Authoriza-
tion Review (DAR) committee. The DAR shall be established for the pur-
pose of:
(1) Approving or disapproving requests for otherwise excluded dental
services.
(2) Reviewing treatment recommendations for special dental care
needs, and
(3) Evaluating the cost efficiency and effectiveness of the dental ser-
vices provided at the institution.
(b) Membership of the DAR shall be composed of representatives
from each institution's dental care staff DAR membership shall consist
of the Chief Dentist, or designee, a Staff Dentist as Chairperson, and a
Staff Dentist as Vice-Chairperson. Representatives from other institu-
tion services or divisions shall be invited, when appropriate, to commit-
tee meetings.
(c) DAR committee decisions shall be based upon the following crite-
ria established in section 3350. 1(d). Committee decisions shall be docu-
mented in the inmate's unit health record. Cases that receive committee
approval shall be forwarded, along with all supporting documentation,
to the HCR. The treating dentist shall notify the inmate of the commit-
tee's decision.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section filed 10-3-2006 as an emergency; operative 10-3-2006 (Register
2006, No. 40). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 3-1 2-2007 or emergency language will
be repealed by operafion of law on the following day.
2. Certificate of Compliance as to 1 0-3-2006 order transmitted to OAL 3-7-2007
and filed 4-18-2007 (Register 2007, No. 16).
§ 3353. Informed Consent Requirement.
When unusual, serious or major health care procedures are indicated
and time and circumstances permit, the inmate's specific written in-
formed consent shall be obtained before treatment is undertaken, except
as otherwise provided in sections 3351 and 3364. If the inmate or the in-
mate's guardian or responsible relative objects to the recommended
treatment, such objection shall be documented for inclusion in the in-
mate's health record.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Regis-
ter 93, No. 27).
2. Amendment filed 2-17-95 as an emergency; operative 3-1-95 (Register 95,
No. 9). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 8-8-95 or emergency language will
be repealed by operation of law on the following day.
3. Amendment refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95,
No. 32). This regulatory acfion was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Register 96,
No. 8),
5. Amendment filed 2-21-96 as an emergency; operative 2-21-96 (Register 96,
No. 8). A Certificate of Compliance must be transmitted to OAL by 6-20-96
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 2-2 1 -96 order including renumbering of former
section 3352 to section 3353 and renumbering of former section 3353 to new
section 3353. 1 transmitted to OAL 6-1 8-96 and filed 7-9-96 (Register 96, No.
28).
§ 3353.1 . Capacity for Informed Consent.
An inmate shall be considered capable of giving informed consent if
in the opinion of health care staff the inmate is:
(a) Aware that there is a physiological disorder for which treatment or
medication is recommended.
(b) Able to understand the nature, purpose and alternatives of the rec-
ommended treatment, medication, or health care procedures.
(c) Able to understand and reasonably discuss the possible side effects
and any hazards associated with the recommended treatment, medica-
tion, or health care procedures. An inmate shall not be deemed incapable
of informed consent solely because of being diagnosed as mentally disor-
dered, abnormal, or mentally defective.
NOTE: Authority cited: Secdon 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
L Certificate of Compliance as to 2-2 1-96 order including renumbering of former
section 3353 to new secUon 3353.1 transmitted to OAL 6-18-96 and filed
7-9-96 (Register 96, No. 28).
Page 188.39
Register 2007, No. 16; 4-20-2007
§3354
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3354. Health Care Responsibilities and Limitations.
(a) Authorized staff. Only facility-employed health care staff, con-
tractors paid to perform health services for the facility, or persons
employed as health care consultants shall be permitted, within the scope
of their licensure, to diagnose illness or, prescribe medication and health
care treatment for inmates. No other personnel or inmates may do so.
(b) Inmate Workers. Only trained or certified inmates shall operate
health care equipment. Inmates shall not be permitted to:
(1) Schedule appointments.
(2) Determine another inmate's access to health care services.
(3) Obtain blood samples.
(4) Administer blood.
(5) Introduce or discontinue intravenous infusions.
(6) Have access to surgical instruments, syringes, needles, medica-
tions, or health records except as otherwise specified in these regulations.
(7) Perform any task identified as a health care responsibility.
(c) Private Consultants. Health care personnel not employed by the de-
partment are not authorized to order treatment for an inmate. Such per-
sons may offer opinions and recommendations for consideration by de-
partment health care staff as follows: An inmate or an inmate's
responsible guardian or relative, or an attorney or other interested person
wanting the inmate examined by a private physician, shall submit a writ-
ten request to the institution head. The institution head shall, after con-
sulting with the facility's chief medical officer grant the request unless
convinced that specific case factors warrant denial. The fact of and rea-
sons for such denial, and notice of the right to appeal the decision in writ-
ing to the director, shall be documented and given to the inmate or the
person requesting the outside health care service. Costs of such private
consultations or examinations shall be paid by the inmate or the person
requesting the service.
(d) Emergency Health Care Attention. If an inmate is away from a fa-
cility for authorized reasons, such as assignment to a camp or transporta-
tion between institutions, becomes seriously ill or injured, emergency
health care attention by available resources shall be obtained by the offi-
cial in charge. Community physicians and hospitals shall be used if the
inmate's condition does not permit prompt return to a department medi-
cal facility.
(e) Medical Sick Call. Each department facility confining inmates
shall provide scheduled times and locations for general population in-
mates. A medical doctor, registered nurse, or medical technical assistant
shall make daily visits to each nongeneral population housing unit to pro-
vide medical attention to inmates unable to use the sick call services pro-
vided for general population. Staff conducting sick call shall screen med-
ical problems appearing to require further medical attention and shall
evaluate requests for appointments with other medical staff. A facility
physician shall personally visit each specialized housing unit at least
once each week.
(f) Dental Sick Call: Routine dental treatment shall not be provided
during sick call. Inmates requesting dental treatment shall be evaluated
and scheduled into one of the following categories:
(1) Emergency care category: A dental emergency, as determined by
health care staff, includes any medical or dental condition for which eval-
uation and treatment are necessary to prevent death, severe or permanent
disability, or to alleviate disabling pain. Immediate treatment shall be
provided and will be available to such inmates 24 hours a day, 7 days a
week.
(2) Urgent care categories:
(A) Priority I A: Inmates requiring treatment of an acute oral or maxil-
lo-facial condition, which is likely to remain acute, worsen, or become
life threatening without immediate intervention. Such inmates shall re-
ceive treatment within 24 hours of diagnosis and assignment to Dental
Priority lA.
(B) Priority IB: Inmates requiring treatment for a sub-acute hard or
soft tissue pathology. Such inmates shall receive treatment within 30
days of diagnosis and assignment to Dental Priority IB.
(C) Priority 1 C: Inmates requiring early treatment for any unusual hard
or soft tissue pathology. Such inmates shall receive treatment within 60
days of diagnosis and assignment to Dental Priority IC.
(3) Interceptive care category: Inmates shall have over 6 months re-
maining to serve on their sentence within the department, and be eligible
for Priority 2 care regardless of oral health self-care. Such inmates shall
receive treatment within 1 20 days of diagnosis and assignment to Priority
2 care.
(A) Priority 2A: Inmates requiring advanced caries or advanced perio-
dontal pathology requiring the use of intermediate therapeutic or pallia-
tive agents or restorative materials, mechanical debridement, or surgical
intervention.
(B) Priority 2B: Edentulous or essential edentulous, or with no posteri-
or teeth in occlusion requiring a complete denture, or one or more missing
anterior teeth resulting in the loss of anterior dental arch integrity, requir-
ing a transitional anterior partial denture.
(C) Priority 2C: Moderate or advanced periodontitis requiring non-
surgical deep scaling and root planing procedures.
(D) Priority 2D: Chronically symptomatic impacted tooth requiring
removal or specialty referral. Surgical procedures for the elimination of
pathology, or restoration of essential physiologic relationship.
(4) Routine rehabilitative care category: Inmates shall have over 12
months remaining to serve on their sentence within the department, and
shall meet oral health self-care requirements. Such inmates shall receive
treatment within one year of diagnosis and assignment to Priority 3 care.
(A) Priority 3A: Inmates requiring a maxillary or mandibular partial
denture or both due to insufficient number of posterior teeth to masticate
a regular diet.
(B) Priority 3B: Carious or fractured dentition requiring restoration
with definitive restorative materials or transitional crowns.
(C) Priority 3C: Gingivitis or mild periodontitis requiring routine pro-
phylaxis.
(D) Priority 3D: Definitive root canal treatment for non-vital, single
rooted teeth, which are restorable with available restorative materials.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Regis-
ter 93, No. 27).
2. Amendment of subsections (a), (b)(6)-(7), (c) and (d) filed 2-17-95 as an emer-
gency; operative 3-1-95 (Register 95, No. 9). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal Code and re-
mains in effect for 160 days. A Certificate of Compliance must be transmitted
to OAL by 8-8-95 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of subsections (a), (b)(6)-(7), (c) and (d) refiled 8-7-95 as an emer-
gency; operative 8-7-95 (Register 95, No. 32). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal Code and re-
mains in effect for 160 days. A Certificate of Compliance must be transmitted
to OAL by 1 - 1 6-96 or emergency language will be repealed by operation of law
on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Register 96,
No. 8).
5. Amendment of section heading and subsections (a), (b)(6)-(7), (c) and (d) filed
2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certifi-
cate of Compliance must be transmitted to OAL by 6-20-96 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-2 1-96 order transmitted to OAL 6-18-96 and
filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsections (f)-(f)(2), new subsections (f)(2)(A)-(C), amend-
ment of subsection (f)(3) and new subsections (f)(3)(A)-(f)(4)(D) filed
10-3-2006 as an emergency; operative 10-3-2006 (Register 2006, No. 40).
Pursuant to Penal Code section 5058.3, a Certificate of CompHance must be
transmitted to OAL by 3-12-2007 or emergency language will be repealed by
operation of law on the following day.
8. Certificate of Compliance as to 10-3-2006 order transmitted to OAL 3-7-2007
and filed 4-18-2007 (Register 2007, No. 16).
§ 3354.1 . Elective Surgery.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
Page 188.40
Register 2007, No. 16; 4-20-2007
Title 15
Adult Institutions, Programs and Parole
§ 3355.1
•
History
1. New section filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Repealer, including relocation of subsection 3354.1(a) to 3350.1(b), filed
2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regula-
tory action was deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of Compliance must be
transmitted to OAL by 8-8-95 or emergency language will be repealed by oper-
ation of law on the following day.
3. Repealer refiled 8-7-95 as an emergency; operative 8-7-95 (Register 95, No.
32). This regulatory action was deemed an emergency pursuant to section
5058(e) of the Penal Code and remains in effect for 160 days. A Certificate of
Compliance must be transmitted to OAL by 1-16-96 or emergency language
will be repealed by operafion of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(f) (Reaister 96,
No. 8).
5. Repealer, including renumbering of subsecfions 3354.1(a) to 3350.1(b), filed
2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certifi-
cate of Compliance must be transmitted to OAL by 6-20-96 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-2 1-96 order transmitted to OAL 6-1 8-96 and
filed 7-9-96 (Register 96, No. 28).
§ 3354.2. Inmate Copayment for Health Care Services.
(a) The terms below are defined for the purposes of this section:
( 1 ) Inmate-initiated means that the inmate sought health care services
through Department staff, or reported to health care staff for consultation
and/or treatment without having first been contacted or scheduled by
health care staff.
(2) Health care services means medical, mental health, dental, phar-
maceutical, diagnostic and ancillary services to identify, diagnose, eval-
uate, and treat a medical, psychiatric, or dental condition.
(3) Health care staff means those persons licensed by the state to pro-
vide health care services, who are either employed by the Department or
are under contract with the Department to provide health care services.
(b) Inmates shall be provided an opportunity to report an illness or any
other health problem and receive an evaluation of the condition and med-
ically necessary treatment and follow-up by health care staff.
(c) Inmates shall be charged and inmates shall pay a fee of five dollars
($5.00) for each inmate-initiated health care visit. The fee for this visit
shall:
( 1 ) Cover the evaluation, assessment, and medically necessary treat-
ment, including follow-up services that relate to the initial condition and
which are determined by health care staff to be necessary.
(2) Be charged to the trust account of the inmate. When the inmate is
without sufficient funds at the time for the charge, and remains without
sufficient funds for 30 days after this time, the inmate shall not be charged
for any remaining balance of the fee.
(3) Be waived for the following:
(A) Emergencies: any medical or dental condition for which evalua-
tion and therapy, as determined by health care staff, are immediately nec-
essary to prevent death, severe or permanent disability, or to alleviate or
lessen objecUvely apparent and disabling pain. Signs of objectively ap-
parent and disabling pain may include, but are not hmited to, visible inju-
ries, high blood pressure, rapid heart rate, sweating, pallor, involuntary
muscle spasms, nausea and vomiting, high fever, and facial swelling.
Emergency also includes, as determined by health care staff, necessary
crisis intervention for inmates suffering from situadonal crises or acute
episodes of mental illness.
(B) Diagnosis and treatment of communicable disease conditions as
outlined in Title 17, Chapter 4, Subchapter 1 , Section 2500 of the Califor-
nia Code of Regulations, including human immunodeficiency vims and
Acquired Immunodeficiency Syndrome.
(C) Diagnosis and necessary mental health treatment for which there
is a clinical determinafion of mental illness.
(D) Follow-up health care services defined as any request or recom-
mendation by a member of the health care staff to provide subsequent
health care services.
(E) Health care services necessary to comply with state law and/or reg-
ulations that shall include, but not be limited to, annual testing for tuber-
culosis.
(F) Reception center health screening and evaluation.
(G) Inpatient services, extended care, or skilled nursing services.
NOTE: Authority cited: Sections 5007.5 and 5058, Penal Code. Reference: Section
5054. Penal Code.
History
1. New section filed 9-21-94 as an emergency; operative 9-21-94 (Register 94,
No. 38). A Certificate of Compliance must be transmitted to OAL by 1-19-95
or emergency language will be repealed by operation of law on the Ibllowing
day.
2. Certificate of Compliance as to 9-2 1 -94 order transmitted to OAL 1-1 8-95 and
filed 2-27-95 (Register 95, No. 9).
§ 3355. Health Care Examinations.
(a) Initial ExaminaUon. Every person newly committed or returned to
the custody of the Secretary of the California Department of Corrections
and Rehabilitation shall be examined by health care staff for contagious
diseases, illness, or other health conditions within 24 hours of arrival. In
addition, female inmates will also be screened for pregnancy.
(b) Transfers. Inmates received on transfer from other facilities shall
be interviewed by health care staff at the receiving facility within 24
hours of arrival. The health record of each new arrival shall be reviewed
to determine the need for previously prescribed medications or continu-
ing treatment for unusual or chronic health problems. Sending facility
health care staff shall notify the receiving facility and any anficipated lay-
over facilities regarding any inmate's need, as in the case of diabetics, for
maintenance medicafions while en route and after arrival.
(c) Camp Assignment. Inmates shall be personally screened by a med-
ical officer before receiving medical clearance for assignment to a camp
or fire fighting assignment. Such inmate shall be in generally good health
and physically capable of strenuous and prolonged heavy labor without
danger to the inmate's health and safety or the safety of others when in-
volved in hazardous work such as forest firefighfing. Exceptions: an in-
mate may be assigned to light duty non-hazardous work in camp if a de-
partment physician specifically approves such assignment.
(d) Releases. Each inmate shall be personally screened by health care
staff prior to release to parole or discharge from a facility. Staff conduct-
ing such screening shall alert the inmate's parole agent regarding any cur-
rent health problems and shall provide the inmate with any necessary
maintenance medication until the releasee can obtain medication in the
community.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
L Amendment filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of section heading and subsections (b) and (d) filed 2-17-95 as an
emergency; operative 3-1-95 (Register 95, No. 9). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal Code and re-
mains in effect for 160 days. A Certificate of Compliance must be transmitted
to OAL by 8-8-95 or emergency language will be repealed by operation of law
on the following day.
3. Amendment of section heading and subsections (b) and (d) refiled 8-7-95 as
an emergency; operative 8-7-95 (Register 95, No. 32). This regulatory action
was deemed an emergency pursuant to section 5058(e) of the Penal Code and
remains in effect for 160 days. A Certificate of Compliance must be transmitted
to OAL by 1-16-96 or emergency language will be repealed by operation of law
on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 11346.1(0 (Register 96,
No. 8).
5. Amendment of section heading and subsections (b) and (d) filed 2-21-96 as an
emergency; operative 2-21-96 (Register 96, No. 8). A Certificate of Com-
pliance must be transmitted to OAL by 6-20-96 or emergency language will be
repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-21-96 order including amendment of sub.sec-
tion (b) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsection (a) filed 3-6-2008; operative 4-5-2008 (Register
2008, No. 10).
§3355.1. Dental Examinations.
(a) Reception Centers. Inmates shall, during screening at a reception
center, be provided only limited dental services necessary to meet basic
Page 188.41
Register 7J00&, No. 10; 3-7-2(X)8
§ 3355.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
needs. Such services shall include but are not limited to treatment of inju-
ries, acute infection, severe pain, or spontaneous bleeding, and repairs to
dental prosthetic appliances.
(b) Assigned Facility. Each newly committed inmate shall within 90
calendar days following transfer from a reception center to a program fa-
cility receive a complete examination by a dentist who shall develop an
individual treatment plan for the inmate.
( 1 ) When a treatment plan is proposed, the inmate shall be provided
an explanation of its advantages and disadvantages.
(2) Each inmate's dental health history shall be documented at the time
of initial examination and signed by the inmate and witnessed by a dental
staff member. Such history shall be available and updated at each dental
visit.
(3) An inmate unwiUing to practice personal oral hygiene shall receive
only that care necessary to relieve pain or treat infection. Routine treat-
ment of nonacute oral conditions resulting from the inmate's neglect
shall not be undertaken.
(c) Pregnant inmates shall receive, within the second trimester of
gestation, a dental examination and cleaning, and a periodontal evalua-
tion. Each pregnant inmate shall receive the necessary dental care that
will maintain periodontal health during the gestation period.
(d) Reexamination. Each inmate under 50 years of age shall be ex-
amined at least once every two years. All other inmates shall be examined
annually.
(e) Restraints. If an inmate requiring dental treatment also requires use
of restraint gear, such restraints shall be selected to enable sitting in a den-
tal chair and shall remain in place during the treatment. Exceptions re-
quire concurrence of the dentist, the escorting officer, and a lieutenant.
For pregnant inmates, the rules provided in subsections 3268.2(b) and (d)
concerning the use of restraints shall be followed.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 3424 and
5054, Penal Code.
History
1. New section filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
2. Amendment of subsection (b) and new Note filed 4-18-2007; operative
4-18-2007 pursuantto Government Code section 11343.4 (Register 2007, No.
16).
3. New subsection (c), subsection relettering, amendment of newly designated
subsection (e) and amendment of Note filed 3-6-2008; operative 4-5-2008
(Register 2008, No. 10).
§ 3355.2. Treatment for Pregnant Inmates.
(a) Inmates identified as possibly being pregnant during the initial
health examination will be scheduled for laboratory work to verify the
pregnancy within three business days of arrival at the institution.
(b) Confirmed pregnant inmates, within seven days of arrival at the
institution, will be scheduled for an obstetrics (OB) examination by an
Obstetrical Physician or Obstetrical Nurse Practitioner (NP) wherein:
(1) A term of pregnancy and a plan of care will be determined.
(2) Diagnostic studies will be ordered, if needed.
(c) Pregnant inmates shall be scheduled OB visits as follows, unless
otherwise indicated by the OB physician or NP:
(1) Every 4 weeks in the first trimester up to 24-26 weeks gestation.
(2) Every 3 weeks thereafter up to 30 weeks gestation.
(3) Every 2 weeks thereafter up to 36 weeks gestation.
(4) Weekly after 36 weeks up to delivery.
(d) Pregnant inmates housed in a multi-tier housing unit will be issued
a CDC Form 7410 (Rev. 08/04), Comprehensive Accommodation Chro-
no, which is incorporated by reference, for lower bunk and lower tier
housing.
(e) Pregnant inmates who have used heroin within three days prior to
incarceration, either by her own admission or written documentation by
a parole agent, or are currently receiving methadone treatment, shall be
enrolled in the Methadone Maintenance Program and recommended for
immediate transfer to the California Institution for Women.
(0 Community treatment programs. Any community treatment pro-
gram developed for eligible pregnant and/or parenting female inmates in
addition to the Family Foundations Program, shall include, but not be
limited to:
(1) Prenatal care.
(2) Access to prenatal vitamins.
(3) Childbirth education.
(4) Infant care.
(g) Any inmate who gives birth after her receipt by the Department
shall be provided notice of, and a written application for, a community
treatment program. At a minimum, the notice shall contain:
( 1 ) Guidelines for qualification.
(2) Timeframe for application.
(3) Process for appealing a denial of admittance.
(h) A pregnant inmate who is not eligible for a community treatment
program shall have access to complete prenatal health care, which shall
include:
(1) A balanced, nutritious diet per subsection 3050(a).
(2) Prenatal and postpartum information and health care, including,
but not limited to, necessary vitamins as prescribed by a doctor.
(3) Information pertaining to childbirth education and infant care.
(4) Dental care pursuant to subsection 3355.1(c).
(i) Each pregnant inmate shall be referred to a Medical Social Worker.
The Medical Social Worker shall:
( 1 ) Discuss with the inmate, the options available for the placement
and care of the child after delivery.
(2) Assist the pregnant inmate with access to a phone in order to con-
tact relatives regarding newborn placement.
(3) Oversee the placement of the newborn child.
(j) A pregnant inmate may be temporarily taken to a hospital outside
the institution for the purposes of childbirth and shall be transported in
the least restrictive way pursuant to the rules provided in subsections
3268.2(b) and (d). A pregnant inmate in labor shall be treated as an emer-
gency and shall be transported via ambulance to the outside facility, ac-
companied by custody staff.
(k) A pregnant inmate may elect to have a support person present dur-
ing child birth. The support person may be an approved visitor or the
institution's staff designated to assist with prenatal, labor and postpartum
care. The approval for the support person will be made by the institution' s
Warden or designee. If a pregnant inmate' s request for an elected support
person is denied, reason for the denial shall be provided in writing to the
inmate within 15 working days of receipt of the request. The written de-
nial must address the safety/security concerns for the inmate, infant, pub-
lic, and/or staff. Upon receipt of a written denial, the pregnant inmate
may then choose the approved institution staff to act as the support per-
son.
(/) Postpartum care. Upon return to the institution, any inmate who de-
livers a child via C-Section, shall be admitted to the Outpatient Hospital
Unit (OHU) or Correctional Treatment Center (CTC). Any inmate who
delivers a child vaginally shall be assessed in the Triage and Treatment
Area (TTA) to determine the appropriate housing and to initiate postpar-
tum care.
(1) Orders for routine postpartum care shall be initiated by the Regis-
tered Nurse (RN) in the TTA, CTC, or OHU.
(2) The Supervising Obstetrician or RN/NP shall:
(A) Determine when the inmate is cleared for housing in the general
population.
(B) Complete the medical lay-in.
(3) The inmate shall have a six week postpartum examination. At the
examination, the Supervising Obstetrician or RN/NP shall determine
whether the inmate may be cleared for full duty or if medical restrictions
are still warranted.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 3419,
3423, 3424, 5007.7 and 5054, Penal Code.
•
Page 188.42
Register 2008, No. 10; 3-7-2
Title 15
Adult Institutions, Programs and Parole
§3358
•
History
1. New section filed 3-6-2008; operative 4-5-2008 (Register 2008. No. 10).
§ 3356. Health Care Treatment for Parolees.
(a) Community Treatment. Health care for parolees shall normally be
provided by private physicians and community medical facilities, as de-
sired by the parolee and at the parolee's own expense.
(b) Facility Treatment. When a parolee requires medical, surgical,
psychiatric, or dental care of an emergency nature and community re-
sources are not available or lack the security required for retention and
treatment of the parolee, the parole district administrator may arrange
with the facility chief medical or dental officer or the chief psychiatrist
for the parolee's return to department custody for emergency treatment.
NOTH: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Regis-
ter 93. No. 27).
2. Amendment of section heading and subsection (a) filed 2-1 7-95 as an emergen-
cy; operative 3-1-95 (Register 95. No. 9). This regulatory action was deemed
an emergency pursuant to section 5058(e) of the Penal Code and remains in ef-
fect for 160 days. A Certificate of Compliance must be transmitted to OAL by
8-8-95 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Amendment of section heading and subsection (a) refiled 8-7-95 as an emer-
gency; operative 8-7-95 (Register 95, No. 32). This regulatory action was
deemed an emergency pursuant to section 5058(e) of the Penal Code and re-
mains in effect for 160 days. A Certificate of Compliance must be transmitted
to OAL by 1-16-96 or emergency language will be repealed by operation of law
on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government Code section 1 1346.1(f) (Register 96,
No. 8).
5. Amendment of section heading and subsection (a) filed 2-2 1-96 as an emergen-
cy; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must
be transmitted to OAL by 6-20-96 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 2-2 1-96 order transmitted to OAL 6-1 8-96 and
filed 7-9-96 (Register 96, No. 28).
§ 3357. Inmate Deaths.
(a) The institution head shall maintain a valid service agreement with
local mortuaries to provide services such as cremation, transportation,
and/or other services related to the disposition of a deceased inmate's
body.
(b) When an inmate's death occurs away from an institution/facility,
the body of the deceased shall, unless the county coroner orders other-
wise, be released to a licensed funeral director in the community where
the death occurred.
(c) If the deceased is known to have had a communicable disease
which presents a threat to the public health and safety, health care staff
shall notify the contract mortuary and public agencies as required by
California Code of Regulations, Title 17, Section 2500, and Health and
Safety Code Sections 1797.188 and 1797.189.
(d) A chaplain of the decedent's professed faith may perform a cere-
mony in accordance with that faith.
(e) Staff shall review the decedent's central file and locate the current
CDC Form 127 (Rev. 05/00), Notification in Case of Inmate Death, Seri-
ous Injury, or Serious Illness to identify the inmate's next of kin or per-
son(s) to be notified, and to determine the existence of a will.
(f) Staff shall attempt to notify individual(s) listed on the CDC Form
1 27 as the person(s) to be notified of the death, in person, or, if personal
contact is not practical, by telephone. Staff shall send a telegram notifica-
tion to the next-of-kin, person(s) to be notified as listed on the CDC
Form 127, and/or legally appointed representative, offering consolation,
which shall include:
( 1 ) The name and address of the funeral director to whom the body has
been or will be released;
(2) A request for instructions on disposition of the body at the family's
or designee's expense, within 48 hours, to preclude disposition by the
state; and
(3) The name and telephone number of a staff member who may be
contacted for additional information.
(g) If after 10 days the next-of-kin or legally appointed representative
fails to claim or direct disposition of the decedent's body, or notifies the
department within ten days that he or she does not assume responsibility
for burial without expense to the state, the decedent shall be considered
unclaimed. If the body is unclaimed, the institution/facility shall make ar-
rangements for use of state materials or services as necessary in accor-
dance with Penal Code Section 5061. All money and personal property
shall be inventoried and released in accordance with Penal Code 5061.
upon direction from the Associate Warden of Business Services or other
staff designated by the institution head.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 2082,
5021, 5022, .5054 and 5061, Penal Code; Sections 1797.188. 1797.189, 7104.
7200, 7201 and 7302, Health and Safety Code; and Sections 12525, 27491,
27491.2 and 27491.3, Government Code.
History
1. Amendment filed 7-16-92; operaUve 8-L5-92 (Register 92, No. 29).
2. Amendment of subsections (b), (c), (f) and Noti-: filed 2-17-95 as an emergen-
cy; operative 3-1-95 (Register 95, No. 9). This regulatory action was deemed
an emergency pursuant to secfion 5058(e) of the Penal Code and remains in ef-
fect for 160 days. A Certificate of Compliance must be transmitted to OAL by
8-8-95 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Amendment of subsections (b), (c), (i)and Note refiled 8-7-95 as an emergen-
cy; operaUve 8-7-95 (Register 95, No. 32). This regulatory action was deemed
an emergency pursuant to section 5058(e) of the Penal Code and remains in ef-
fect for 160 days. A Certificate of Compliance must be transmitted to OAL by
1-16-96 or emergency language will be repealed by operation of law on the fol-
lowing day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-95 by operation of Government (Zode section 11346.1(f) (Register 96,
No. 8).
5. Amendment of subsections (b), (c), (f), and Noth filed 2-21-96 as an emergen-
cy; operative 2-21-96 (Register 96, No. 8). A Certificate of Compliance must
be transmitted to OAL by 6-20-96 or emergency language will be repealed by
operation of law on the following day.
6. Certificate of Compliance as to 2-2 1-96 order transmitted to OAL 6-1 8-96 and
filed 7-9-96 (Register 96, No. 28).
7. Amendment of section and Note filed 8-28-2000; operative 9-27-2000 (Reg-
ister 2000, No. 35).
§ 3358. Artificial Appliances.
(a) Appliance Categories. Appliances include but are not limited to
eyeglasses, artificial eyes, dental prosthesis, artificial limbs, orthopedic
braces and shoes, and hearing aids. An inmate's need for such appliance
shall be based on medical necessity as described in section 3350(b)(1).
(b) Possession of Appliance. No inmate shall be deprived of a pre-
scribed orthopedic or prosthetic appliance in the inmate's possession
upon arrival into the department's custody or properly obtained while in
the department's custody unless a department physician or dentist deter-
mines the appliance is no longer needed and the inmate's personal physi-
cian, if any, concurs in that opinion.
(c) Purchase of Appliance. Prescribed appliances shall be provided at
state expense if an inmate is indigent, otherwise the inmate shall purchase
prescribed appliances through the department or a vendor of the inmate's
choice as directed by the chief medical or dental officer. Departmental
dentists shall not order prescribed dental appliances made from precious
metal, and departmental dentists or dental laboratories shall not perform
repairs to existing dental prosthesis made from precious metal. If an in-
mate's existing dental appliance made from precious metal needs repair,
the dentist shall offer the inmate the option of having a new prosthesis
made. When a prescribed appUance is to be provided the inmate shall sign
a CDC Form 193, Trust Account Withdrawal Order (Rev. 1/88), to pay
for the materials.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of section heading and text filed 7-2-93; operative 8-2-93 (Regis-
ter 93, No. 27).
2. Amendment of subsection (a) and repealer of subsections (a)(l)-(3) filed
2-17-95 as an emergency; operative 3-1-95 (Register 95, No. 9). This regula-
tory action was deemed an emergency pursuant to section 5058(e) of the Penal
Code and remains in effect for 160 days. A Certificate of Compliance must be
Page 188.43
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§3359
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
transmitted to OAL by 8-8-93 or emergency language will be repealed by oper-
ation of law on the following day.
3. Amendment of subsection (a) and repealer of subsections (a)(l)-(3) refiled
8-7-95 as an emergency; operative 8-7-93 (Register 93, No. 32). This regula-
tory action was deemed an emergency pursuant to section 5038(e) of the Penal
Code and remains in effect for 160 days. A Certificate of Compliance must be
transmitted to OAL by 1-16-96 oremergency language will be repealed by op-
eration of law on the following day.
4. Reinstatement of section as it existed prior to emergency amendment filed
2-17-93 by operation of Government Code secUon 11346.1(f) (Resister 96,
No. 8).
5. Amendment of subsection (a) and repealer of subsections (a)(])-(3) filed
2-21-96 as an emergency; operative 2-21-96 (Register 96, No. 8). A Certifi-
cate of Compliance must be transmitted to OAL by 6-20-96 oremergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 2-2 1-96 order including amendment of subsec-
tion (c) transmitted to OAL 6-18-96 and filed 7-9-96 (Register 96, No. 28).
7. Amendment of subsection (b) filed 10-3-2006 as an emergency; operative
10-3-2006 (Register 2006, No. 40). Pursuant to Penal Code section 5038.3, a
Certificate of Compliance must be transmitted to OAL by 3-12-2007 or emer-
gency language will be repealed by operation of law on the following day.
8. Ceitificate of Compliance as to 1 0-3-2006 order, including amendment of sub-
section (c), transmitted to OAL 3-7-2007 and filed 4-18-2007 (Register 2007,
No. 16).
§ 3359. Donation and Sale of Blood.
Institution heads may permit, subject to acceptance by a blood collec-
tion agency, inmates to donate blood for charitable and research purposes
or to sell their blood only when needed blood cannot be reasonably and
readily obtained from other sources. When a blood sale is authorized, the
inmate must receive from the purchaser a payment equal to the current
market price for purchases of the same type blood. The facility may im-
pose an additional charge to the purchaser to retrieve the cost of depart-
ment resources used in the drawing of the blood. Proceeds of such
charges shall be deposited in the inmate welfare fund.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5034, Penal
Code.
History
I. Amendment filed 7-2-93; operative 8-2-93 (Register 93, No. 27).
Article 9. Mental Health Services
§ 3360. Availability of Mental Health Services.
(a) The department will provide a broad range of mental health ser-
vices to inmates and parolees by assessing the needs of its population and
developing specialized programs of mental health care, to the extent re-
sources are available for this purpose. Necessary and appropriate mental
health services will be provided to inmates and parolees, and adequate
staff and facilities will be maintained for the delivery of such services.
(b) When an inmate is found to require mental health care not available
within these resources, but which is available in the Department of Men-
tal Health, the case will be referred to the director for consideration of
temporary transfer to that department pursuant to Penal Code section
2684.
(c) Recognizing that many parolees have unique treatment needs not
readily met by community mental health programs, and that the prompt-
ness and appropriateness of those needs affect public safety, the depart-
ment provides outpatient cHnics for parolees. These clinics are con-
ducted in widely distributed locations throughout the state at times and
places such that they are available to parolees, and that they shall main-
tain close working relationships with parole supervisors, paroling autho-
rities, and the community in which the parolee resides.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2684 and
5054, Penal Code.
History
1. New Article 9 (Secfions 3360-3369) filed 4-18-80; effective thirtieth day
thereafter (Register 80, No. 16).
2. Amendment of section heading and subsection (b) filed 1-3-95 as an emergen-
cy; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be
transmitted to OAL 6-12-95 or emergency language will be repealed by opera-
tion of law on the following day.
3. Certificate of Compliance as to 1-3-93 order including amendment of NOTli
transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
§3361. Responsibility.
(a) All required mental health treatment or diagnostic services shall be
provided under the supervision of a psychiatrist licensed to practice in
this state, or a psychologist licensed to practice in this state and who holds
a doctoral degree and has at least two years of experience in the diagnosis
and treatment of emotional and mental disorders. Facilities for mental
health treatment and diagnostic services shall be under the direction of
such a psychiatrist or psychologist. A psychiatrist shall be available to as-
sume responsibility for all acts of diagnosis or treatment that may only
be performed by a licensed physician and surgeon.
(b) When an inmate or an intnate's guardian or relative, or an attorney
or other interested party desires to have an inmate examined by a private
psychiatrist or other mental health professional, a request shall be sub-
mitted in writing by such person or persons to the warden. After consult-
ing with the institution's chief psychiatrist or, in his absence, the chief
medical officer, the warden will grant the request unless there are specific
case factors which, in the judgment of the warden, warrant denial. If the
request is denied, the person making the request will be notified in writ-
ing of the reason for the denial and the right to appeal the decision, to the
director. Any financial responsibility or obligation for private consul-
tants or examinations will be assumed by the inmate or the person re-
questing the service. Private consultants will not be permitted to order
mental health treatment for any inmate. However, the private consultant
may be asked to make a report of findings and recommendations to the
warden.
(c) Recognizing that mental health care often involves revealing deep-
ly personal and private matters, all mental health care shall be provided
in such a manner as to maintain the dignity of the inmate. Professional
relationships shall be conducted with proper privacy, with due regard to
the professional to take necessary and appropriate action to prevent harm
to the patient or to others. Records of mental health diagnosis, evaluation
and treatment prepared or maintained by the department shall remain the
property of the department and are subject to all applicable laws govern-
ing their confidentiality and disclosure. Treatment will be in accord with
sound principles of practice and will not serve a punitive purpose.
NOTE: Authority cited: Secfions 5058 and 5079, Penal Code. Reference: Secfion
5054, Penal Code.
History
1. Editorial correcfion of printing error in subsecfion (a) (Register 92, No. 5).
2. Amendment of subsections (b) and (c) filed 1-3-95 as an emergency; operative
1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted
to OAL 6-12-95 or emergency language will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 1-3-95 order including amendment of section
and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Register 95, No. 30).
§ 3362. Availability of Treatment.
All persons committed to the department shall be informed that mental
health services are available to them. They shall be informed that, upon
their request, an evaluative interview will be provided within a reason-
able period of time by a licensed practitioner, or a specially trained coun-
selor supervised by a licensed practitioner. Upon request, they will be
provided with information as to what specialized treatment programs
may be available in the department and how such treatment may be ob-
tained.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
§ 3363. Right to Refuse Treatment.
Inmates/Parolees shall be informed any time they are the object of par-
ticular mental health diagnosis or treatment procedure. Such persons
shall have the right to refuse assignment to such a program of diagnosis
or treatment without being subject to discipline or other deprivation, ex-
cept as indicated in the following:
(a) When mental health evaluation is required by law or ordered by a
court.
Page 188.44
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§3365
•
(b) When an inmate is placed in a mental health program for diagnostic
study by the action of a classification committee, which acted upon docu-
mented information or observations that gave reasonable cause to believe
the inmate was suffering from a mental illness which poses a danger to
self or others, or is gravely disabled. A physician or other licensed practi-
tioner may act in an emergency situation to place an inmate in psychiatric
segregation under observation and treatment for a period of up to five
working days pending classification action, providing the reasons for this
action are documented.
(c) When diagnosUc study has led to a diagnosis of existing or recur-
rent mental illness which renders the inmate dangerous to self or others,
or gravely disabled.
(d) If there is a special condifion of parole requiring attendance at a pa-
role outpatient clinic, interviews may be imposed upon the parolee. How-
ever, no medication will be administered by these clinics without the spe-
cific informed consent of the patient.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of first paragraph and subsections (b) and (c) filed 1-3-95 as an
emergency; operative 1 -3-95 (Register 95. No. 1 ). A Certificate of Compliance
must be transmitted to OAL 6-12-95 or emergency language will be repealed
by operation of law on the following day.
2. Certificate of Compliance as to 1-3-95 order transmitted to OAL 6-12-95 and
filed 7-25-95 (Register 95, No. 30).
§ 3364. Involuntary Medication.
(a) If medication used in the treatment of mental disease, disorder or
defect is administered in an emergency, as that term is defined in section
335 1 , such medicafion shall only be that which is required to treat the
emergency condition and shall be provided in ways that are least restric-
tive of the personal liberty of the inmate. If it is determined that further
administration of such medication involuntarily is necessary for a period
of longer than 72 hours, the following provisions shall be followed:
( 1 ) The administration of involuntary medicafion to inmates in excess
of three days shall be in compliance with those procedures required in
Keyhea v. Rushen, Solano County Superior Court No. 67432, Order
Granfing Plainfiffs' Mofion for Clarificafion and Modification of Injunc-
tion and Permanent Injunction, filed October 31, 1986.
(2) The administration of involuntary medication to inmates in excess
of ten days shall be in compliance with those procedures required in Key-
hea V. Riishen, supra.
(3) The administration of involuntary medication to inmates in excess
of 24 days shall be in compliance with those procedures required in Key-
hea V. Rushen, supra. The judicial hearing for the authorization for the
involuntary administration of psychotropic medication provided for in
part III of Keyhea v. Rushen, supra, shall be conducted by an administra-
tive law judge. The hearing may, at the direction of the director, be con-
ducted at the facility where the inmate is located.
(b) Involuntary antipsychotic medication shall not normally be admin-
istered to an inmate in his or her housing unit. An inmate shall normally
be transferred to the hospital, clinic, emergency room or infirmary room
at the institution prior to the administration of the medication. If a psychi-
atrist determines that the prior transfer of the inmate to such a setting
would pose a greater risk to the inmate and staff than the risk involved
to the inmate in receiving the medication in a non-medical setting, the
involuntary medicafion may be administered in the inmate's cell, pro-
vided that:
( 1 ) Medical staff shall alert security staff, orally and in wrifing, of the
fact that such medicafion has been administered, of the date and time of
administration, of possible side-effects, if any, which could develop, and
shall provide security staff with instructions for contacting medical staff
immediately upon the development of any such side effects. On-call
medical staff shall make periodic observations of the inmate and shall re-
spond to any emergency request for medical aid.
(2) In all cases where it is both feasible and medically desirable, a fast-
acting medication shall be utilized to facilitate the inmate's rapid transfer
to a medical setting.
(3) The inmate shall be considered for transfer from his or her cell to
a medical setting at least once a day after the injection by a staff psychia-
trist, or if a psychiatrist is not available by a staff physician, for the effec-
tive duration of the medicafion. The staff psychiatrist or physician shall
note his or her observafions and decision in writing. The inmate shall be
transferred to a medical setting no later than 72 hours after the injection
if the effective duration of the drug administered exceeds that time peri-
od.
(c) Each institution's chief psychiatrist, or in his or her ab.sence. chief
medical officer, shall ensure that a log is maintained in which is recorded
each occasion of involuntary treatment of any inmate. The log entries
shall identify the inmate by name and number, and shall include the name
of the ordering physician, the reason for medication, and the time and
date of medication. In institutions with a designated psychiatric treat-
ment unit, a separate log shall be maintained for recording involuntary
treatment and medication administered to inmates in that unit. The log
shall be reviewed by the institution's chief psychiatrist, or in his or her
absence, the chief medical officer, at least monthly. Such logs shall be
made available for review by the departmental medical director upon re-
quest.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 2600 and
5054, Penal Code; Whitakerv. Rushen. etai, USDC No. C-81-3284 SAW (N.D.
Cal.); and Keyhea v. Rushen, Solano County Superior Court No. 67432, Order
Granting Plaintiffs' Motion for Clarification and Modification of Injunction and
Permanent Injunction, filed October 31, 1986.
History
1. Amendment filed 8-4-86; effective thirtieth day thereafter (Register 86, No.
32).
2. Repealer and new subsection (a), new subsections (a)(lH3), amendment of
subsection (b), repealer of subsections (c)-(e), subsection relettering, and
amendment of newly designated subsection (c) and Note filed 1-3-95 as an
emergency; operative 1-3-95 (Register 95, No. 1 ). A Certificate of Compliance
must be transmitted to OAL 6-12-95 or emergency language will be repealed
by operation of law on the following day.
3. Certificate of Compliance as to 1-3-95 order including amendment of subsec-
tions (a)-(a)(3) and Note transmitted to OAL 6-12-95 and filed 7-25-95 (Reg-
ister 95, No. 30).
§ 3365. Suicide Prevention and Response.
(a) Each institution head shall ensure that all employees whose assign-
ments routinely involve inmate contact are trained to recognize signs and
symptoms associated with suicide risk, the appropriate procedures for
staff intervention, and the appropriate procedures to be followed in re-
sponse to emergency situations resulting from self-injurious or suicidal
actions. This training shall be conducted as in-service training, in com-
pliance with Section 3435.
(b) Each institution head shall implement a Suicide Prevention Pro-
gram for inmates who display self-injurious or suicidal behavior or
symptoms. These programs shall include the following components:
(1) Suicide Watch. When medical staff determine that an inmate is ac-
tively suicidal, a licensed physician or psychologist shall order place-
ment of the inmate on suicide watch in a General Acute Care Hospital
(GACH), Correctional Treatment Center (CTC), Skilled Nursing Facil-
ity (SNF), Outpatient Housing Unit (OHU), or other appropriate health
care facility, for continual observation.
(2) Suicide Precaufion. When medical staff determine that an inmate
is at high risk of attempting self-injurious behavior, a licensed physician
or psychologist shall order placement of the inmate on suicide precaution
in a GACH. CTC, SNF, OHU, or other appropriate health care facility,
for periodic monitoring.
(3) Follow-up Treatment. Discharge from suicide watch or suicide
precaution shall occur when an interdisciplinary team of clinicians deter-
mines that the inmate no longer presents a suicide risk. A written treat-
ment plan and follow-up outpafient treatment shall be provided by a
mental health clinician.
[The next page is 188.45.]
Page 188.44(a)
Register 2008, No. 10; 3-7-2008
Title 15
Adult Institutions, Programs and Parole
§3369
(c) When a suicide attempt is discovered in progress, medical assis-
tance shall be summoned immediately to provide emergency medical
care. Security and safety procedures shall be followed, including the use
of required equipment and procedures to deal with bodily fluids. A cut-
down kit shall be immediately accessible on each unit and shall be used
by staff in case of an attempted suicide by hanging. All subsequent activi-
ties and procedures shall comply with local institutional emergency
plans, as developed in compliance with Section 3301.
NOTH: Authority cited: Section 50.58, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 6-22-99 as an emergency; operative 6-22-99 (Register 99,
No. 26). A Certificate of Compliance must be transmitted to OAL by 1 1-29-99
pursuant to Penal Code section 5058(e) or emergency language will be repealed
by operation of law on the following day. For prior history, see Register 95. No.
2. Repealed by operation of Government Code section 1 1 346. 1 (g) (Resister 2000,
No. .3).
3. New section filed 1-18-2000 as an emergency; operative 1-18-2000 (Register
2000, No. 3). A Certificate of Compliance must be transmitted to OAL by
6-26-2000 pursuant to Penal Code section 5058(e) or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-1 8-2000 order, including amendment of sub-
sections (b)( 1 ) and (b)(3), transmitted to OAL 3-3-2000 and filed 4-10-2000
(Register 2000, No. 15).
§ 3366. Mental Health Advisory Board.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. Repealer filed 1-28-99; operative 2-27-99 (Register 99, No. 5).
§ 3367. Psychosurgery.
Psychosurgery, including lobotomy, stereotactic surgery, chemical or
other destruction of brain tissue, or implantation of electrodes into brain
tissue, is not and will not be performed on persons committed to or in the
custody of the Department of Corrections.
Note: Authority cited; Section 5058, Penal Code. Reference; Section 5054, Penal
Code.
§ 3368. Aversive Therapy.
The use of any drug, electronic stimulation of the brain, or infliction
of physical pain when used as an aversive or reinforcing stimulus in a
program of aversive, classical or operant conditioning is not and will not
be performed on persons committed to or in the custody of the Director
of Corrections. Nothing in this section prohibits the administration of
drugs intended to cause negative physical reactions to the ingestion of al-
cohol or drugs unless part of a program of aversive conditioning.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
§ 3369. Shock Therapy.
(a) Shock therapy is the only form of organic therapy, as defined by
law, which may be used in the treatment of persons committed to the cus-
tody of the Director of Corrections. No inmate who is competent and ca-
pable of giving informed consent will be administered any form of shock
therapy without having given his or her consent. Prior authorization of
a superior court is also required before shock therapy may be adminis-
tered for any treatment purpose other than as an emergency lifesaving
measure.
( 1 ) Shock therapy as a lifesaving emergency medical measure may be
administered to an inmate who is competent and capable of giving in-
formed consent and who has given consent, or an inmate who is incompe-
tent or incapable of giving informed consent, without prior court autho-
rization. However, all pertinent clinical data relating to the nature of the
emergency and the treatment given will be presented to the court for re-
view within 10 days of the first instance of emergency shock treatment.
(2) When an inmate is competent and capable of giving informed con-
sent and has done so, and the court has authorized such treatment, shock
therapy may be administered in a nonemergency course of treatment. No
form of shock therapy may exceed three months of continuous treatinent
nor more than three months in any 12-month period.
(b) Informed Consent. The term, "Informed Consent," means that a
person must knowingly and intelligently, without duress or coercion, and
clearly and explicitly consent to the proposed shock therapy. The in-
mate's consent must be given in writing and in the presence of the attend-
ing physician. It must be preserved and be available to the inmate, the in-
mate's attorney, guardian, or conservator.
(c) Determining Need. If the attending physician determines that
shock therapy is required for the health and safety of the inmate, permis-
sion may be requested of the warden or superintendent to administer the
therapy.
(1) The warden or superintendent will appoint a committee of physi-
cians, two of whom are board certified or eligible for board certiflcation
in psychiatry or neurosurgery, to review the inmate's treatment record
and the determination of the attending physician. At least one of the at-
tending physicians must not be a full-time employee of the department.
(2) Before shock treatment may be administered, this committee must
unanimously agree with the attending physician's determination that it
is required and, if it is to be performed under the provisions of subsection
(b), that the inmate has the ability to give informed consent and has in fact
given informed consent.
(d) Withdrawal of Consent. Any inmate who has given informed con-
sent may withdraw it at any time. The shock therapy must cease immedi-
ately.
(e) Court Petition.
(1) An inmate, or inmate's attorney, guardian or conservator may file
a petition with the superior court of the county in which the inmate is con-
fined for an order to prohibit the administration of shock therapy upon
the inmate. This petition must be served by the county clerk upon the war-
den or superintendent on the same day it is filed and constitutes a refusal
of consent or withdrawal of any prior consent.
(2) The warden or superintendent has 10 days to file a response to the
petition. The superior court may grant a continuance of 10 additional
days. The response must be served upon the inmate, and upon the in-
mate's attorney, guardian or conservator on the same day it is filed with
the clerk of the superior court.
(f) Correspondence Regarding Shock Therapy. The inmate is entitled
to communicate in writing with his or her attorney, and by writing or vis-
its with his or her parents, guardian or conservator regarding any pro-
posed administration of shock therapy or organic therapy. Any mail re-
garding shock therapy will not be prevented from leaving the institution.
(g) Incapable of Informed Consent.
( 1 ) If the inmate is incapable of giving informed consent to a program
of shock therapy, and the attending physician believes that such treat-
ment is required for the health and safety of the inmate, the attending phy-
sician may request the permission of the warden or superintendent. If the
warden or superintendent agrees with the request and the committee, ap-
pointed pursuant to subsection (c)(1), also unanimously agrees that such
therapy is required, the warden or superintendent will forward the request
to the Chief, Medical Services for review and recommendation to the di-
rector. If the director concurs in the course of treatment, the warden or
superintendent will petition the superior court for permission to conduct
the hearing. No treatment will be conducted until after a hearing at which
the inmate is represented by counsel and after a court order authorizing
the treatment is issued.
(2) In an extraordinary case, the attending physician may determine
that shock treatment is required for a longer period of time than three
months, or more frequently than three months in the period of one year.
The same procedures as in paragraph (1) of this subsection will be fol-
lowed before any further shock therapy will be administered.
(h) Inmate Rights. If the attending physician determines that an inmate
should be administered shock therapy, the inmate will be informed of his
or her rights under this article. A copy of Penal Code Sections 2670
through 2680 will be made and will be given to the inmate at that time.
Page 188.45
Register 2006, No. 49; 12-8-2006
§ 3369.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
§ 3369.1. Inmate/Parolee Placements in Department of
Mental Health Hospitals.
(a) Inmates considered for placement in a Department of Mental
Health hospital pursuant to Penal Code section 2684 shall be informed
of their rights to a hearing on the placement and to waive such a hearing.
Except as provided in (b) below, inmates who do not waive their right to
the hearing shall be provided the following:
( 1 ) A written notice of the placement hearing at least 72 hours prior to
the hearing.
(2) An independent and qualified staff member to assist the inmate
with their preparation for the hearing. Any costs or expenses incurred re-
lated to independent assistance obtained by the inmate on their own shall
be the sole responsibility of the inmate.
(3) An opportunity to present documentary evidence and the oral or
written testimony of witnesses, and to refute evidence and cross examine
witnesses unless the hearing officer indicates a good cause for prohibit-
ing such evidence or witnesses.
(4) A hearing officer who shall be the institution head or a designee
which shall be a correctional administrator, physician, psychiatrist, or
psychologist who is not involved with treating the inmate.
(5) A copy of the written decision within 72 hours after the hearing
which shall include the reason for the decision and the evidence relied
upon in making the decision.
(b) Inmates and parolees who require emergency psychiatric hospital-
ization shall be entitled to a certification review hearing pursuant to Wel-
fare and Institutions Code section 5256 at the Department of Mental
Health hospital in lieu of the above hearing and waiver requirements.
(c) Inmates and parolees housed in Department of Mental Health hos-
pitals remain under the jurisdiction of the department and shall not be
permitted to leave the hospital grounds without the specific authorization
of the director.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5150 and
5250 through 5256, Welfare and Institutions Code; Sections 2684, 2974 and 5054,
Penal Code; and Vitek v. Jones (1980) 445 U.S. 480, 100 S.CT. 1254.
History
1. New section filed 7-22-93; operative 8-23-93 (Register 93, No. 30).
Article 9.1. Research of Inmates/Parolees
§ 3369.5. Research.
(a) No research shall be conducted on inmates/parolees without ap-
proval of the research advisory cominittee established to oversee re-
search activities within the department. Members of the research adviso-
ry committee shall be named by the Director, and may include
departmental staff and nondepartinental persons who are community
academic representatives engaged in criminal justice research.
(b) No research project shall be considered without submission of a re-
search proposal that shall contain the following:
(1) A statement of the objectives of the study.
(2) The specific values of the project.
(3) A description of the research methods to be used.
(4) A description of the measuring devices to be used, or if they are to
be developed as part of the project, a statement of their intended use and
reason.
(5) The name of the facility or office where the data will be collected.
(6) The names and titles of personnel involved and their responsibiU-
ties in the project.
(7) An estimate of departmental staff time needed for the project.
(8) Starting and ending dates of the research.
(9) Any additional costs to the state.
(10) An estimate of the inmate/parolee subjects' time needed for the
project and a plan for the compensation of the inmates/parolees.
(11) The source of funding.
(12) A copy of the informed consent form to be used in the project
which meets the requireinents of Penal Code section 3521.
( 13) A cuiTent resume for each professional staff member of the proj-
ect.
(14) The full name, date of birth, and social security number of all proj-
ect staff members who will enter an institution or other departmental fa-
cility to carry out the project.
( 1 5) A certification of privacy signed by the project' s principal investi-
gator which outlines the procedure for protecting exempt personal infor-
mation and certifies that the protective procedures shall be followed.
(16) If student research is involved, a letter from the student's faculty
advisor stating that the student will be working under their supervision
and the project is approved by their college/university.
( 1 7) If the proposal was previously reviewed by a committee of anoth-
er agency or organization, a copy of the record of that committee's ap-
proval.
(c) A nondepartmental person, agency or organization applying to
conduct research within the department shall submit to the committee for
approval a signed agreeinent to adhere to all departmental requirements.
(d) Any person, agency or organization conducting research shall, as
requested by the department' s chief of research or designee, submit prog-
ress reports on their projects.
NOTE: Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference:
Sections 3500 through 3524 and 5054. Penal Code.
History
1. Change without regulatory effect adding new article 9.1 (section 3369.5) and
renumbering former section 3439 to new section 3369.5 filed 8-1-96 pursuant
to section 100, title 1, California Code of Regulations (Register 96, No. 31).
2. Amendment of subsection (a), including incorporafion of portion of former sub-
section (a)(5) and repealer of subsections (a)(l)-(5) filed 7-3-2001; operative
8-2-2001 (Register 2001, No. 27)
Article 9.5. Case Records
§ 3370. Case Records File and Unit Health Records
Material — Access and Release.
(a) Unit health records means a patient's health record that includes all
records of care and treatment rendered to an inmate-patient.
(b) Except by means of a valid authorization, subpoena, or court order,
no inmate or parolee shall have access to another's case records file, unit
health records, or component thereof.
(c) Inmates or parolees may review their own case records file and unit
health records, subject to applicable federal and state law. This review
shall be conducted in the presence of staff, and may necessitate the use
of a computer.
(d) No inmate or parolee shall access information designated confi-
dential pursuant to section 3321 which is in or from their own case re-
cords file.
(e) No case records file, unit health records, or component thereof shall
be released to any agency or person outside the department, except for
private attorneys hired to represent the department, the office of the attor-
ney general, the Board of Prison Terms, the Inspector General, and as
provided by applicable federal and state law. Any outside person or entity
that receives case records files or unit health records is subject to all legal
and departmental standards for the integrity and confidentiality of those
documents.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secdons 2081.5,
5054 and 6126.5, Penal Code; Sections 56.10, 1798.24 and 1798.40, Civil Code;
and Code of Federal Regulafions, Title 45, Sections 164.512 and 164.524.
History
1 . New section filed 12-20-91 as an emergency; operative 12-20-91 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-15-92
and filed 5-27-92 (Register 92, No. 24).
3. New subsection (b) and subsection relettering filed 3-24-99; operative
4-23-99 (Register 99, No. 13).
4. Amendment of section heading, section and Note filed 1-19-2006; operative
2-18-2006 (Register 2006, No. 3).
Page 188.46
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3371.2
§ 3370.5. Detainers.
(a) When a detainer is received by the department, the inmate shall be
provided a copy of the detainer and written notification concerning any
options available to the inmate.
(b) An inmate may request resolution of a detainer case by completing
the indicated form below and forwarding it to the case records office
where the necessary documents shall be prepared for the inmate's signa-
ture and mailing.
( 1 ) CDC Form 643 (Rev. 4/88). Inmate Notice and Demand for Trial
to District Attorney, shall be completed to request disposition of untried
charges in California.
(2) CDC Form 616 (Rev. 4/91). Request for Disposition of Probation
(PC 1203. 2a), shall be completed to request disposition of probation.
(c) If an inmate is not brought to trial within 90 days after the district
attorney acknowledged receipt of CDC Form 643, case records staff shall
complete and file with the court having jurisdiction of the matter the mo-
tion and order to request dismissal of the matter.
(d) When a district attorney requests custody of an inmate pursuant to
PC section 1389 the inmate shall be provided a copy of the explanation
of rights under Article IV of the Interstate Agreement on Detainers.
(e) When a request is received for an inmate to appear for sentencing
on an out-of-state or federal conviction, the inmate shall be provided no-
tification of their rights with CDC Form 1673 (Rev. 12/86), Agreement
on Detainer - Right to Request Sentencing. An inmate's demand for sen-
tencing in absentia shall be executed on CDC Form 1674 (Rev. 12/86),
Agreement on Detainer - Notice of Place of Imprisonment.
(f) Each out-of-state agency which has filed a detainer against an in-
mate shall be notified no later than 60 days before the inmate's pending
parole or discharge. Each in-state agency which has filed a detainer
against an inmate shall be notified no later than 10 days before the in-
mate's pending parole or discharge.
(g) The inmate shall be released to the agency which first placed a de-
tainer, unless a later detainer is based upon an adjudicated prison sen-
tence in which case the inmate shall be offered to the agency holding the
prison sentence detainer. In either case, the other agencies shall be noti-
fied which agency assumed custody of the inmate.
NOTE: Authority cited: Section 5058. Penal Code. Reference: Sections 1203.2a,
1 38 1 . 1 389 and 5054. Penal Code; In re StoUker ( 1 957) 49 Cal. 2nd 75 ; and Tinghi-
tella V. California (9th Cir. 1983) 718 F.2d 308.
History
1 . New section filed 12-19-91 as an emergency; operative 12-19-91 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-17-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 12-19-91 order including amendment of sub-
section (0 transmitted to OAL 4-20-92 and filed 5-28-92 (Register 92, No.
24).
§ 3371 .1 . Computation of Time and Preprison Credit.
(a) The method of computing time and applying credit to an inmate's
term is governed by the laws apphcable on the date the inmate's crime
is committed.
(b) Credit towards an inmate's term shall be administratively applied
if the credits are not reflected on legal documents for:
(1) Time spent under an indeterminate sentence as a mentally disor-
dered offender pursuant to Penal Code (PC) section 1600.5.
(2) A commitment received on or after September 15, 1 965 where the
inmate spent time for diagnostic observation pursuant to PC section
1203.03.
(3) Time spent for a Welfare and Institutions Code (W&IC) section
3200 commitment.
(4) Time spent in the California Youth Authority on the same offense
for which they were committed to the department pursuant to W&IC sec-
tion 1782.
(c) If upon application of preprison credit the inmate is overdue for re-
lease, they shall be released within five working days.
(d) Only the following credit issues shall be referred by the department
to the sentencing court:
( 1 ) Any case where credit was granted for an in-prison offense, a
crime committed while the inmate was on escape status, or where un in-
mate's consecutive case was sentenced after their received date and in-
cluded credit for that time served.
(2) When an inmate's case was resentenced and the court credited the
inmate with time being served in the department.
(3) When an inmate's probation is revoked and the inmate is granted
more than 60 days custody credit which is also being credited by the de-
partment.
(4) Cases where legal documents reflect any conflict in credit.
(5) Cases where the court granted Penal Code section 4019 credit at
the rate of day-for-day.
(e) Any preprison credit towards an indeterminate sentence shall be
applied within one week after the inmate's parole date or term is estab-
lished or fixed by the Board of Prison Terms.
(f) No preprison credit shall be applied towards time assessed for prior
indeterminate sentence terms.
(g) The inmate's received date is counted as a full day regardless of the
actual time of day received; for each day thereafter, they shall serve the
full 24-hour period to receive credit.
(h) An inmate who has been convicted of a felony, and sentenced un-
der Penal Code Section 667(b) through (i), or Penal Code Section
1 170.12, with one or more prior felony convictions, as defined in Penal
Code Section 667.5(c) and/or 1 192.7(c), shall not be awarded behavior
and/or work credits in an amount that exceeds one-fifth of the total term
of imprisonment imposed. The limitation on the inmate's credit accrual
shall commence on the received date, as defined in section 3000, even if
the inmate's sentence has been modified as the result of a striken prior
felony conviction under Penal Code Section 1 385. There will be a maxi-
mum credit accrual rate of 20% so long as the trial court continues to use
at least one prior felony conviction, as defined in PC Section 667.5(c)
and/or 1 192.7(c), for the purposes of determining the term of imprison-
ment upon resentencing.
NOTE: Authority cited: Section 5058 and 2930-2935 et seq.. Penal Code. Refer-
ence: Sections 667, 667.5, 1168. 1170, 1 170.12, 1192.7, 1203, 2900.1, 2900.5 and
5054, Penal Code; Section 1 782, Welfare and Institutions Code; People v. Caceres
(1997) 52 Cal. App. 4th 106, 60 Cal. Rptr. 2d 415; People v. Buchalter (2001) 26
Cal. 4th 994A, 108 Cal. Rptr. 2d 625; and People v. Superior Court (Romero)
(1996) 13 Cal. 4th 497, 53 Cal. Rptr. 2d 789.
History
1 . New section filed 1 2-20-9 1 as an emergency; operative 1 2-20-9 1 (Register 92,
No. 4). A Certificate of Compliance must be transmitted to OAL 4-20-92 or
emergency language will be repealed by operation of law on the following day.
2. Certificate of Comphance as to 12-20-91 order including amendment of sub-
section (d)(1) transmitted to OAL 4-20-92 and filed 6-2-92 (Register 92, No.
24).
3. New subsection (h) and amendment of Note filed 12-10-2002; operative
1-9-2002 (Register 2002, No. 50).
§ 3371 .2. Credits for Escapee or Parole Violator.
(a) An escapee or parole violator shall receive credit on their sentence
for time in another jurisdiction's custody when they are held on "our hold
only" and are available for return to the department's custody. No credit
shall be applied for the time they are held on "our hold only" while resist-
ing extradition.
(b) An escapee or parole violator in local confinement is available ex-
cept when serving a sentence in lieu of a fine or a sentence expressly or-
dered to run consecutively to their existing prison term.
(c) An escapee or parole violator in local confinement is available on
the date our hold was placed or, if declared at-large and parole was sus-
pended, the date of their arrest.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2900 and
5054, Penal Code.
History
1. New section filed 12-20-91 as an emergency; operative 12-20-91 (Regi.stcr92,
No. 4). A Certificate of Compliance must be iransmiUed to OAL 4-20-92 or
emergency language will be repealed by operation of law on the following day.
Page 188.47
Register 2006, No. 49; 12-8-2006
§3375
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Certificate of Compliance as to 12-20-91 order transmitted to OAL 4-20-92
and filed 6-2-92 (Register 92, No. 24).
Article 10. Classification
§ 3375. Classification Process.
(a) The classification process shall be uniformly applied, commencing
upon reception of a person committed to the custody of the director and
shall continue throughout the time the individual remains under the di-
rector's jurisdiction. Each inmate shall be individually classified in ac-
cordance with this article.
(b) The classification process shall take into consideration the in-
mate's needs, interests and desires, his/her behavior and placement score
in keeping with the department and institution's/facility's program and
security missions and public safety.
(c) Each determination affecting an inmate's placement within a insti-
tution/facility, transfer between facilities, program participation, privi-
lege groups, or custody designation shall be made by a classification
committee composed of staff knowledgeable in the classification pro-
cess.
(d) The classification of felon inmates shall include the classification
score system as established. A lower placement score indicates lesser se-
curity control needs and a higher placement score indicates greater secu-
rity control needs.
(e) When possible, the inmate shall be given sufficient advance written
notice of any classification committee hearing to provide the inmate rea-
sonable preparation time to discuss the matter to be considered. An in-
mate appearing before a classification committee shall be informed of the
inmate's next classification committee hearing date when it is known or
can be anticipated.
(f) The classification of inmates shall provide the following procedur-
al safeguards:
(1) Inmates shall be given written notice at least 72 hours in advance
of a hearing which could result in an adverse effect. Adverse effect is de-
fined as:
(A) Involuntary transfer to a higher security level institution/facility,
which is not consistent with the inmate's placement score.
(B) Increase in the inmate's custody designation.
(C) Involuntary placement in segregated housing.
(D) Involuntary removal from an assigned program.
(E) Placement in a reduced work group.
(F) Involuntary transfer to another institution/facility because of the
inmate's misbehavior or receipt of new information that may affect staff,
inmates, the public, or the safety and security of the institution/facility,
whether or not his/her placement score is consistent with the receiving
institution's/facility's security level.
(G) Transfer of an inmate to a more restrictive institution or program
where the security level is higher.
(2) Except as provided in subsection 3375(f)(3), the inmate shall be
present at all initial classification committee hearings and at any other
classification committee hearing which could result in an adverse effect
upon the inmate.
(3) An in absentia (without inmate's presence) classification hearings
may be held only when:
(A) The inmate refuses to appear before the committee.
(B) The inmate is physically incapable of appearing before the com-
mittee, or is determined by a psychiatrist to be mentally incompetent and
cannot understand the purpose of the hearing.
(C) The purpose of the hearing is to:
1. Improve the inmate's conditions of confinement by reducing or re-
moving a previously imposed restriction.
2. Approve an action requested in writing by the inmate.
3. Determine the need for scheduling, or to schedule, a future classifi-
cation committee action.
(4) If the inmate was not previously notified and during the classifica-
tion committee hearing an unanticipated adverse effect emerges, the
hearing shall be postponed for at least 72 hours and the inmate shall be
referred to the inmate's counselor for assistance when the inmate is illit-
erate, or the issues are complex unless:
(A) The hearing cannot be postponed because of safety or security fac-
tors.
(B) The inmate waives the 72-hour postponement.
(5) The inmate shall be permitted to contest the preliminary score or
placement score in the hearing.
(6) Each inmate appearing before a classification committee shall be:
(A) Introduced to the committee members.
(B) Informed of the purpose of the hearing.
(C) Encouraged to participate in the hearing discussion.
(D) Informed of the committee's decision.
(7) Classification committee decisions shall be based on evaluation of
available information and mutual agreement of the committee members.
(g) Every decision of a classification committee shall be documented
on a CDC Form 1 28-G, Classification Chrono.
(1) All classification committee's documentation shall include, but
not be limited to the following:
(A) The reason or purpose for the committee hearing.
(B) The action taken.
(C) The specific reasons for the action including the information upon
which the decision was based.
(D) The inmate's stated preferred action, the reasons for the prefer-
ence, and his/her agreement or disagreement with the committee action.
(E) If applicable, the use of any reasonable accommodation to ensure
effective communication.
(F) If during the committee discussion, a member of the committee
disagrees with a decision or the basis for a decision reached by the com-
mittee, he or she may provide language to the recorder to document his
or her opinion for inclusion in the CDC Form 128-G.
(G) The reason(s) for the omission of any of the classification proce-
dural safeguards identified in subsection 3375(f).
(H) If an in absentia hearing is held, reason(s) for the inmate being ab-
sent.
(1) The name, title, and signature of the committee's chairperson.
(J) The names and titles of staff who participated in the decision.
(K) The name, title, and signature of the committee's recorder.
(L) The date of the action.
(2) In addition to the preceding, documentation for transfer reviews
shall also include the following:
(A) The inmate's requested transfer preference(s) and stated reason(s)
for preferring that location.
(B) The institution to which the committee recommends transfer with
an alternate recommendation, if different from those requested by the in-
mate, and the specific reasons for both recommendations.
(C) A statement of the inmate' s work group upon transfer based on ad-
verse on non-adverse transfer circumstances.
(3) When the inmate is treated under the mental health services deliv-
ery system (MHSDS) and is at the enhanced outpatient program (EOP)
or the mental health crises bed (MHCB) level of care, regardless of the
inmate's housing, a clinician is required as a committee member at all
hearings. When the inmate is in segregated housing and treated under the
MHSDS at any level of care a clinician is required as a committee mem-
ber at all hearings. Documentation shall include, but not be limited to the
following.
(A) The inmate's current medical/psychiatric statusAevel of care.
(B) MHSDS treatment needs.
(C) The inmate' s ability to understand and participate in the classifica-
tion hearing.
(4) In all hearings when the inmate is treated under the MHSDS and
is housed in segregated housing, documentation shall include the re-
quirements indicated in subsection 3375(g)(3) as well as the following:
(A) A clinical assessment of the inmate's likelihood of decompensa-
tion if retained in segregated housing.
(B) A summary of the clinical information provided by the clinician
when an actively decompensating mentally ill inmate is recommended
Page 188.48
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.1
for transfer to a mental health program by the clinician and the decision
of the committee is to retain the inmate in segregated housing.
(5) Documentation from each institution's initial classification re-
views shall include the following case factors:
(A) Date of birth.
(B) Term Status (first, second, etc.)
(C) County(ies) of commitment.
(D) Commitment offense(s) (include parole revocation offense(s) re-
sulting in good cause findings if a parole violator.)
(E) Length of sentence.
(F) When the inmate was received by the department for the current
incarceration.
(G) County of last legal residence.
(H) Escape related conviction(s).
(I) Current or potential hold(s).
(J) Arson related arrest(s) or conviction(s).
(K) Sex-related arrest(s) or conviction(s) by date.
(L) The current placement score and security level.
(M) The reason(s) the inmate was transferred to the current location.
(N) Current eligibility status for special programs such as camp, mini-
mum support facility, community correctional facility, community cor-
rectional reentry center, or restitution center. If not eligible, the reason for
each shall be noted.
(0) Current assignments (including work group and privilege group).
(P) Enemy, gang, or disruptive group concerns.
(Q) The existence of, and committee review of, confidential informa-
tion.
(R) Any medical/psychiatric/disability concerns, including tuberculo-
sis tracking code and date of the most current documentation.
(h) An inmate shall be provided a copy of all nonconfidential staff doc-
umentation and reports placed in the inmate's central file unless other-
wise requested in writing by the inmate.
(i) An inmate shall not remain at a institution/facility with a security
level which is not consistent with the inmate' s placement score unless ap-
proved by a classification staff representative (CSR) or a staff person des-
ignated to serve in that capacity.
(j) A CDC Form 839, (Rev. 12/02), CDC Classification Score Sheet,
shall be prepared pursuant to section 3375.3 on each newly received fel-
on.
( 1 ) In completing the CDC Form 839, all relevant documents available
during the reception center process shall be reviewed, the inmate shall be
interviewed, informed of the purpose of the form, and be allowed to con-
test specific item scores and other case factors on the form. Factors for
which documentation is absent or conflicting shall be discussed during
the interview.
(2) The inmate is responsible for providing documentation to support
their challenge of any information on the CDC Form 839.
(3) An effort shall be made to obtain verifiable documentation of all
items on the CDC Form 839. The probation officer's report (FOR) shall
be the document of choice to resolve any conflicting information re-
ceived. Credit shall be given only upon verifiable documentadon and
shall not be given based solely on an inmate's statements.
(4) A corrected CDC Form 839 shall be initiated when the inmate or
another party presents verifiable documentation to support the change.
When the change results in a placement score which falls into the range
for a different facility security level, the inmate's case shall be referred
to a CSR for transfer consideration.
(k) A CDC Form 840 (rev. 12/02), CDC Reclassification Score Sheet
shall be prepared pursuant to section 3375.4 as part of the regular, contin-
uous classification process. If an inmate's recalculated placement score
is not consistent with the institution/facility security level where the in-
mate is housed, the case shall be presented to a CSR for transfer consider-
ation.
(1) A CDC Form 840 shall be completed:
(A) Twelve months after the date that the inmate physically arrived in
the reception center and annually thereafter.
(B) Any six-month period when favorable points are granted or unfa-
vorable points are assessed which would cause the inmate's placement
score to fall outside of the facility security level.
(C) Each time a case is presented to a CSR for placement consider-
ation.
(2) A CDC Form 841 (Rev. 12/02), CDC Readmission Score Sheet,
shall be completed pursuant to section 3375.5 as part of the readmission
process when a parolee is returned to prison.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068, Penal Code: Wriiiht v. Euomoto {\976) 462 F.Supp. 397;
Stoneham v. Riishen ( 1 984) 1 56 Cal. App.3d 302; and Castillo v. Alameida. a cil..
(N.D. Cai., No. C94-2847).
History
1. Amendment filed 1-4-88 as an emergency; operative 1-4-88 (Register 88. No.
16). A Certificate of Compliance must be transmitted to OAL within 120 daxs
or emergency language will be repealed on 5-3-88. For prior history, see Regis-
ter 88, No. 8.
2. Certificate of Compliance as to 1^-88 order transmitted to OAL 5 3-88; dis-
approved by OAL (Register 88, No. 24).
3. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88. No.
24). A Certificate of Compliance must be transmitted to OAL within 1 20 days
or emergency language will be repealed on 9-30-88.
4. Amendment of subsection (b) filed 9-19-88 as an emergency; operative
9-1 9-88 (Register 88, No. 39). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on I -1 7-89.
5. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88. No. 50).
6. Certificate of Compliance as to 9-1 9-88 order transmiUed to OAL 1 - 1 8-89 and
filed 2-2-89 (Register 89, No. 8).
7. Change without regulatory effect amending section filed 10-22-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of typing errors in subsections (b) and (g) (Register 91 , No.
11).
9. Editorial correction of printing errors (Register 92, No. 5).
10. New subsection (f)(1)(F) filed 1-16-92; operative 2-17-92 (Register 92, No.
13).
11. Amendment of subsection (c) filed 5-5-95; operative 6-5-95 (Register 95,
No. 18).
12. Amendment filed 30-17-97; operative 1 1-16-97 (Register 97, No. 42).
13. Amendment of section and Note filed 8-27-2002 as an emergency; operative
8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a
Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emer-
gency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 8-27-2002 order, including further amend-
ment of section, transmitted to OAL 1-21-2003 and filed 3-6-2003 (Register
2003, No. 10).
15. Amendment of subsection (h) and Note filed 5-25-2006; operative
5-25-2006 pursuant to Government Code section 1 1343.4 (Register 2006, No.
21).
16. Change without regulatory effect amending Note filed 12-4-2006 pursuant
to section 100, title f, California Code of Regulations (Register 2006, No. 49).
§ 3375.1 . inmate Placement.
(a) Except as provided in section 3375.2, each inmate shall be assigned
to a facility with a security level which corresponds to the following
placement score ranges:
(1) An inmate with a placement score of through 18 shall be placed
in a Level I facility.
(2) An inmate with a placement score of 19 through 27 shall be placed
in a Level II facility.
(3) An inmate with a placement score of 28 through 5 1 shall be placed
in a Level III facility.
(4) An inmate with a placement score of 52 and above shall be placed
in a Level IV facility.
(b) An inmate approved for transfer to a subfacility of a complex may
be received and processed through a facility with a security level higher
than that which is consistent with the inmate's placement score. Such
cases shall be transferred to the subfacility when bed space allows or,
when appropriate, recommended for an administrative determinant
which prohibits movement to the lower security level facility.
( 1 ) The case shall be presented to a CSR for evaluation within 30 days
of receipt at the facility unless the inmate is on an approved waiting list
maintained by the complex for placement of inmates at the approved sub-
facility.
Page 188.49
Register 2006, No. 49; 12-8-2006
§ 3375.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) The transfer of an inmate for more than 30 days from one subfacil-
ity of a complex to another subfacility which has a different security lev-
el, shall require a classification staff representative (CSR) endorsement.
When the subfacility's security level is consistent with the inmate's
placement score, the classification and parole representative may act as
a CSR.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068. Penal Code; Wrii;lit v. Erumioto ( 1 976) 462 F Supp. 397; and
Stonchani v. Riishen (1984) 156 Cal. App. 3d 302.
History
1 . Renumbering and amendment of section 3375(h) to section 3375. 1 filed 8-7-87
as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transinitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. Renumbering and amendment of section 3375(h) to section 3375. 1 filed 1-4-88
as an emergency; operative 1-4-88 (Register 88, No. 1 6). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. Renumbering and amendment of section 3375(h) to section 3375. 1 filed 6-2-88
as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Com-
pliance must be transinitted to OAL within 120 days or emergency language
will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88. No. 50).
7. Change without regulator)' effect pursuant to section 100. title 1, California
Code of Regulations adopdng sections 3375.1, 3375.2, 3375.3, 3375.4, amend-
ing sections 3375, 3376. 3377, 3377.1 and repealing section 3375.1, filed
10-22-90; operative 1 1-29-90 (Register 91, No. 4).
8. Hditorial correction of prinfing error inadvertently omitting text in subsection
(a) (Register 91. No. 11).
9. Editorial correcfion of prinfing errors in subsections (a) and (b)(2) and Note
(Register 92, No. 5).
10. Amendment of section and Note filed 8-27-2002 as an emergency; operafive
8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code secfion 5058.3 a
Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emer-
gency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 8-27-2002 order transmitted to OAL
1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
§ 3375.2. Administrative Determinants.
(a) An inmate meeting one or more of the following administrative or
irregular placement conditions, known as administrative determinants,
may be housed in a facility with a security level which is not consistent
with the inmate's placement score:
(1) An inmate requires an outpatient or higher degree of medical or
psychiatric care at a facility specifically staffed for the type of treatment
necessary.
(2) An inmate with a Wstory of sex crimes designated in section
3377.1 (b) shall be housed in accordance with their placement score and
shall not be assigned outside the security perimeter.
(3) An inmate with a history of arson shall not be housed in a facility
constructed primarily of wood.
(4) An inmate with a felony hold, warrant, detainer, or the equivalent
thereof filed with the department who is likely to receive a significant pe-
riod of consecutive incarceration or be deported, shall not be housed in
a Level I facility without perimeter gun towers.
(5) An inmate requires confidential placement in a city or county con-
finement facility within the state.
(6) An inmate serving a sentence of life without possibility of parole
shall not be housed in a facility with a security level lower than Level IV,
except when authorized by the Departmental Review Board.
(7) An inmate serving any life term shall not be housed in a Level I or
II facility if any of the following case factors are present:
(A) The commitment offense involved multiple murders, unusual vio-
lence or execution-type murders or received high notoriety.
(B) A history of multiple walkaways, an escape from a secure perime-
ter or an escape with force or threat of force.
(8) An inmate serving a life term without an established parole date of
three years or less, shall not be housed in a Level I facility nor assigned
to a program outside a security perimeter.
(9) An inmate serving a life term whose placement score is not consis-
tent with a Level I or II security level shall not be housed in a Level I or
Level II facility except when approved by the Departmental Review
Board.
( 1 0) An inmate whose death sentence is commuted or modified shall
be transferred to a reception center for processing after which the Depart-
mental Review Board shall determine the inmate's initial facility place-
ment.
(b) The following three-letter codes are used to indicate those admin-
istrative or irregular placement conditions known as administrative de-
terminants, which may be imposed by departmental officials to override
the placement of an inmate at a facility according to his/her placement
score.
(1) AGE. Inmate's youthfulness, immaturity or advanced age.
(2) ARS. Current, prior conviction, or a sustained juvenile adjudica-
tion, as defined in subdivision (b)(25), for arson.
(3) BEH. Inmate's record of behavior indicates they are capable of
successful placement at a facility with a security level lower than that
which is consistent with his/her placement score. This factor shall not be
used for an inmate who is currently housed at a facility with a security
level higher than that which is consistent with his/her placement score.
(4) CAM. Placement is recommended due to a shortage of camp quali-
fied inmates.
(5) DEA. Inmate was formerly or is currently sentenced to death.
(6) DEP. Special placement ordered by the Departmental Review
Board.
(7) DIS. Inmate's disciplinary record indicates a history of serious
problems or threatens the security of the facility.
(8) ENE. Inmate has one or more enemies under the department's ju-
risdiction which have been documented on aCDC Form 812 (Rev. 8/01),
Notice of Critical Case Information — Safety of Persons or on a CDC
Form 812-C (Rev. 8/01), Notice of Critical Information — Confidential
Enemies pursuant to section 3378. This should also be used when it is
probable that the inmate may be victimized due to case factors; e.g., the
nature of their offense is likely to create an enemy situation at certain faci-
lities, current Protective Housing Unit case, and those who are natural
victims because of their appearance.
(9) ESC. Unusual circumstances suggest the inmate is a much greater
escape risk than indicated by his/her placement score; e.g., the inmate
verbalized an intent to escape.
( 1 0) FAM. Inmate has strong family ties to a particular area where oth-
er placement would cause an unusual hardship.
(11) GAN. Documentation establishes that the inmate's gang mem-
bership or association requires special attention or placement consider-
ation.
(12) INA. Documentation establishes that the inmate's inactive gang
status requires special attention or placement consideration.
(13) HOL. Hold, warrant or detainer is likely to be exercised.
(14) LIE. Inmate is serving a life sentence and requires placement in
a facility with a security level higher than that indicated by his/her place-
ment score.
(15) MED. Inmate's medical condition requires treatment or continu-
ing medical attention not available at all facilities.
( 1 6) OUT. Inmate requires placement at a specific facility for an out-
to-court appearance. This factor shall also be used when a releasing au-
thority appearance is nearing.
( 1 7) POP. Shall be used only by a CSR to indicate that no beds present-
ly exist at a facility with a security level that is consistent with the in-
mate's placement score.
( 1 8) PRE. The short time remaining to serve limits or otherwise in-
fluences placement or program options for the inmate. This factor shall
also be used for sending an inmate to a hub facility for their release to a
community based correctional facility.
( 1 9) PS Y. Inmate' s psychological condition requires special treatment
or may severely limit placement options.This factor shall also be used for
those inmates who are designated as Category B.
•
Page 188.50
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.3
(20) PUB. High notoriety of an inmate lias caused public interest in the
case and requires exceptional placement.
(21) SCH. Inmate is involved in an academic program which is not
available at a facility with a security level that is consistent with his/her
placement score.
(22) SEX. Inmate has a prior incidence of rape, oral copulation,
sodomy, or a lewd and lascivious act which requires restricted custody
or placement.
(23) SOR. Inmate's bisexual or homosexual orientation may require
special placement.
(24) TIM. Inmate's time to serve is long, requiring placement at a facil-
ity with a security level higher than that which is consistent with his/her
placement score.
(25) VIO. Inmate has a current or prior conviction for a violent felony,
or a sustained juvenile adjudication including, but not limited to, those
listed under Penal Code section 667.5(c), which, as determined by the
CSR, requires placement in a facility with a higher security level than that
indicated by his/her placement score.
(A) For the purposes of this subdivision, a "sustained juvenile adju-
dication" means a guilty determination or ruling rendered in a juvenile
judicial proceeding.
(B) The following administrative determinations regarding allega-
tions of violent acts, including but not limited to those offenses described
in Penal Code Section 667.5(c), shall have the same force and effect as
a current or prior conviction for a violent felony or a sustained juvenile
adjudication:
1 . Board of Prison Terms or Parole Hearings Division good cause find-
ing, or;
2. California Youth Authority/Youth Offender Parole Board sustained
allegation
(C) A probation violation finding in a court of law involving, but not
limited to those offenses described in Penal Code Section 667.5(c), shall
have the same force and effect as a current or prior conviction in a court
of law for a violent felony,
(26) VOC. Inmate is involved in a vocational program which is not
available at a facility with a security level which is consistent with the in-
mate's placement score.
(27) WOR. Inmate has a work skill in a critical trade which warrants
special placement consideration.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068, Penal Code; Sandin v. Connor ( 1 995) 5 1 5 U.S. 472; Madrid
V. Gomez (N.D. Cal. 1 995) 889 F.Supp. 1 146; Wright v. Enomoto (N.D. Cal. 1976)
462 F. Supp. 397; and Stoneham v. Rushen (1984) 156 Cal. App. 3d 302.
History
1. Change without regulatory effect adding section fded 10-22-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing error inadvertently omitting text in subsection
(a)(6) (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Repealer of subsection (a)(7) and amendment of subsection (a)(8) filed
1-16-92; operative 2-17-92 (Register 92, No. 13).
5. Amendment of subsection (b)(8) filed 6-17-94; operative 7-18-94 (Register
94, No. 24).
6. Repealer of subsections (b)(13), (b)(16) and (b)(22), subsection renumbering,
amendment of newly designated subsection (b)(21), and new subsections
(b)(22) and (b)(24) filed 9-5-95 as an emergency; operative 9-5-95 (Register
95, No. 36). A Certificate of Compliance must be transmitted to OAL by
2-12-96 (pursuant to Penal Code section 5058te)) or emergency language will
be repealed by operation of law on the following day.
7. Certificate of Compliance as to 9-5-95 order, including amendment of subsec-
tion (b)(24), transmitted to OAL 1-8-96 and filed 2-15-96 (Register 96, No.
7).
8. New subsection (b)( 12), subsection renumbering, and amendment of Note filed
8-30-99 as an emergency; operafive 8-30-99 TRegister 99, No. 36). Pursuant
to Penal Code section 5058(e), a Certificate of Compliance must be transmitted
to OAL by 2-8-2000 or emergency language will be repealed by operation of
law on the following day.
9. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
10. Change without regulatory effect amending subsection (b)(8) filed
10-23-2001 pursuant to section 100, title I, California Code of Regulations
(Register 2001, No. 43).
11. Amendment of subsections (b)(2) and (b)(25) and new subsections
(b)(25)(A)-(C) filed 3-7-2002; operafive 4-6-2002 (Register 2002, No. 10).
12. Amendment of section and NoT]-; filed 8-27-2002 as an emergencv; operative
8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3 a
Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emer-
gency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 8-27-2002 order transmitted to OAL
1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
14. Amendment of subsection (a)(2) filed 1 1-3-2006; operative 12-3-2006 (Ree-
ister 2006, No. 44).
§ 3375.3. CDC Classification Score Sheet, CDC Form 839,
Calculation.
The factors and related numerical weights used to determine an in-
mate's preliminary score are listed below. Box numbers appear to the
right, but refer to the first box on the left of each field.
(a) Background factors (Boxes 30-^6):
( 1 ) Age at first arrest (Boxes 30-3 1 ).
(A) Calculate the inmate's age at first arrest based on the date of the
inmate's first arrest. If there is no record of arrests prior to the commit-
ment offense, use the date of arrest for the commitment offense as the
date of the inmate's first arrest on CDC Form 839 (Rev. 12/02), CDC
Classification Score Sheet.
(B) When the age of first arrest is determined, round down to the full
year, and apply that information to the age at first arrest matrix on CDC
Form 839.
(C) Enter the corresponding point value in boxes to the right.
(D) Enter all single digit numbers in the box to the far right.
(2) Age at Reception (Box 32).
(A) When the inmate's age at reception is determined, round down to
the full year, and apply that information to the Age at Reception matrix.
(B) Enter the corresponding point value in the box to the right.
(C) This is always a single digit value.
(3) Current term of incarceration (Boxes 33-34):
(A) Length of term. Presentence and postsentence credits shall not be
subtracted from length of term. A sentence of death or life without possi-
bility of parole shall result in a maximum score of 50. For sentences of
25 years-to-life for murder, the base term is 25 years. For sentences un-
der Penal Code section 667.7 with a term of life without parole for 20
years, the base term is 20 years. For all other life sentences, the base term
is 1 5 years. Any enhancements or determinant terms for other counts or
offenses to be served consecutive to a life term shall be added to the base
term before calculation of the term score.
(B) Enter term in whole years within the parentheses.
1. Multiply the number of years by two (2).
2. Enter this value in Boxes 33-34.
3. Any single digit value is entered in the box to the far right.
4. If the score is more than 50, then 50 shall be used as the final term
score.
(4) Street gang/disruptive group (Boxes 35-38). For the purpose of
preliminary score evaluation, if there is information that the inmate is or
has been involved in gang activity, enter 6 points in Box 35.
(A) Type of street gang/disruptive group code. Apply the code that
most closely identifies the iimiate's gang. Enter the appropriate alpha
code in Boxes 36-37.
1 . CR Crip street gang/disruptive group.
2. BL Blood street gang/disruptive group.
3. NH Northern Hispanic street gang/disruptive group.
4. SH Southern Hispanic street gang/disruptive group.
5. AS Asian street gang/disruptive group.
6. BD Bulldogs street gang/disruptive group.
7. WH White supremacists, neo nazi, skinheads, etc., street gang/dis-
rupfive group.
8. BK Black street gang/disruptive group (not Crip nor Blood).
9. MC outlaw motorcycle clubs street gang/disruptive group.
10. OT other street gang/disruptive group not listed.
(B) Method of verification code (Box 38). Apply the code that is most
indicative of gang activity. Enter the appropriate alpha code in Box 38:
1 . Code A — Self admission. Staff shall document information about
the inmate/parolee' s self-admission and specific involvement with the
gang. Staff shall document and disclose this information to the inmate/
Page 188.51
Register 2006, No. 49; 12-8-2006
§ 3375.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
parolee in a written form that would not jeopardize the safety of any per-
son or the security of the institution.
2. Code B — Tattoos and symbols. Body markings, hand signs, dis-
tinctive clothing, graffiti, etc., which have been identified by gang inves-
tigators as being used by and distinctive to specific gangs. Staff shall de-
scribe the tattoo or symbol and articulate why it is believed that the tattoo
is used by and distinLiive of gang association or membership. Staff shall
document and disclose this information to the inmate/parolee in a written
form that would not jeopardize the safety of any person or the security
of the institution.
3. Code C — Written material. Any material or documents evidencing
gang activity such as the membership or enemy lists, constitutions, orga-
nization structures, codes, training material, etc.. of specific gangs. Staff
shall articulate why, based on either the explicit or coded content, the
written material is reliable evidence of association or membership with
the gang. Staff shall document and disclose this information to the in-
mate/parolee in a written form that would not jeopardize the safety of any
person or the security of the institution.
4. Code D — Photographs. Individual or group photographs with gang
connotations such as those which include insignia, symbols, or validated
gang affiliates. The date of the photograph shall be reasonably ascer-
tained prior to any photo being relied upon for inclusion as a source item.
No photograph shall be considered for validation purposes that is esti-
mated to be older than six (6) years. Any photograph being utilized as a
source item that depicts gang members shall be required to have at least
one of the individuals previously validated by the department, or be vali-
dated by the department within six (6) months of the photograph's estab-
lished or estimated date of origin. Staff shall document and disclose this
information to the inmate/parolee in a written form that would not jeopar-
dize the safety of any person or the security of the institution.
5. Code E — Staff information. Documentation of staff s visual or au-
dible observations which reasonably indicate gang activity. Staff shall
articulate the basis for determining the content or conduct at issue is gang
related. Staff shall document and disclose this information to the inmate/
parolee in a written form that would not jeopardize the safety of any per-
son or the security of the institution.
6. Code F — Other agencies. Information evidencing gang activity
provided by other agencies. Verbal information from another agency
shall be documented by the staff person who receives such information,
citing the source and validity of the information. Staff shall document
and disclose this information to the inmate/parolee in a written form that
would not jeopardize the safety of any person or the security of the insti-
tution.
7. Code G — Association. Information related to the inmate's associa-
tion with gang affiliates. Information including addresses, names, identi-
ties and reasons why such information is indicative of association with
a prison gang or disruptive group. Staff shall document and disclose this
information to the inmate/parolee in a written form that would not jeopar-
dize the safety of any person or the security of the institution.
8. Code H — Offenses. The circumstances of an offense evidence
gang activity such as an offense being between rival gangs, the victim is
a verified gang affiliate, or the inmate's crime partner is a verified gang
affiliate. Staff shall articulate why an offense is gang related. Multiple
sources of information relative to a single incident or offense will be con-
sidered one source of validation. Staff shall document and disclose this
information to the inmate/parolee in written form that would not jeopar-
dize the safety of any person or the security of the institution.
9. Code I — Legal documents. Probation officer' s report or court tran-
scripts evidencing gang activity. Staff shall assure the document contain-
ing this information is disclosed to the inmate/parolee in written form that
would not jeopardize the safety of any person or the security of the insti-
tution.
10. Code J — Communications. Documentation of telephone con-
versations, conversations between inmates, mail, greeting cards, notes,
or other communication, including coded messages evidencing gang ac-
tivity. Staff shall articulate why, based on either the explicit or coded con-
tent, the communication is reliable evidence of association or member-
ship with the gang. Staff shall document and disclose this information to
the inmate/parolee in a written form that would not jeopardize the safety
of any person or the security of the institution.
(5) Mental Illness (Boxes 39-43). If a CDC 128-C, (Rev. 4/92) Mental
Health Placement Chrono, has been prepared in the reception center that
indicates that the inmate needs to be included in the Mental Health Ser-
vices Delivery System (MHSDS), except for a case designated as Medi-
cal Necessity, enter four (4) points in Box 43 to the right.
(A) Do not assess points for a case that has been designated Medical
Necessity although the inmate is included in the MHSDS.
(B) Level of care (Boxes 39-42). Enter an "X" in the box that indicates
the level of care (LOC) that has been designated by the reception center
health care staff per the inmate's CDC 128-C.
(6) Prior sentences (Box 44). This item requires a review of the proba-
tion officer' s report (POR) and the CI&I/CLETS in order to identify prior
sentences of 31 days or more. Apply no more than one point.
(A) Jail or county juvenile sentence of 31-i- days (Box 44).
1 . Count any sentence of 3 1 days or more. Do not include suspended
sentences.
2. Count any incarceration under a delinquency petition which in-
volves a crime rather than "status offender" placements. For example
"beyond parental control" should not be counted. Burglary, however,
would be counted.
3. Count CDC placements for diagnostic evaluation pursuant Penal
Code Section 1203.03 "Z" cases, followed by a grant of probation.
(7) Prior Incarceration(s) (Boxes 45-46)
(A) California Youth Authority, state or federal level juvenile, which
includes state or federal facilities for juvenile offenders (Box 45).
(B) CDC, California Rehabilitation Center, adult state, federal level
(Box 46):
1 . Count any state or federal level incarceration.
2. Count previous commitments to the civil addict program.
(8) Correction to CDC 839 Score Sheet (Prior to Rev. 07/02) (Boxes
47-49)
1 . Use this section to correct a CDC 839 score sheet with a form revi-
sion date prior to 07/02.
2. This area shall not be used for changes or adjustments to term points.
3. Enter only the total correction to the score, either negative or posi-
tive, in the boxes provided.
(b) Prior Incarceration Behavior (Boxes 50 through 64):
( 1 ) Last 1 2 months of Incarceration (Boxes 50-52). Prior incarceration
behavior in any correctional agency shall include the last 12 consecutive
months in custody, prior to the date that the inmate was received in CDC,
going as far back as necessary to attain a total of 1 2 months. This includes
behavior while in county jail, after conviction, or during transportation
to the reception center. For example, behavior while incarcerated in juve-
nile hall, federal prison, or while serving a civil addict commitment shall
also be counted.
(2) Twelve months of incarceration is also defined as 360 days. For
ease and consistency of rule application, a month is considered a 30-day
month.
(A) Only misbehavior which is equivalent to a serious rule violation,
as defined in section 3315, shall be recorded.
(B) If the inmate has a prior incarceration for 12 months or more but
adequate documentation of the inmate's behavior is not available, four
(4) favorable points shall be granted.
1 . If behavioral information becomes available later, these items may
need to be corrected.
(3) Favorable prior behavior (Box 50):
(A) If the inmate had no serious disciplinary(s) in the last 12 months
of incarceration(s), four points shall be entered in Box 50.
(B) If there is no record of unfavorable prior behavior, enter four (4)
favorable points in Box 50.
(4) Unfavorable prior behavior (Boxes 51-52).
Page 188.52
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.3
(A) For each serious disciplinary in the last 12 months of incarcera-
lion(s), four points shall be entered in Boxes 51-52.
(B) Serious Disciplinary History (Boxes 53-64).
A single serious disciplinary may result in the assessment of points on
the classification score sheet for more than one factor listed in subsec-
tions 3375.3(b)(4)(C) through (H). Assess points for behavior for which
the inmate was found guilty and for behavior that occurred during any
prior incarceration, if the behavior meets the definitions below even if it
occurred beyond the last 12 months of incarceration.
(C) For each battery on a nonprisoner or attempted battery on a nonpri-
soner, eight points shall be entered in Boxes 53-54.
1. Battery shall include any offense described in section 3005(c).
(D) For each battery or attempted battery on an inmate, four points
shall be entered in Boxes 55-56. Assessments shall only include situa-
tions where one or more inmates are clearly the victim.
(E) For each involvement in the distribution of any controlled sub-
stance, per subsection 3323(c)(7). into a jail or correctional facility for
distribution and sales, four points shall be entered in Boxes 57-58. Points
shall not be assessed for incidents of personal use or possession of a small
quantity of drugs.
(F) For each possession of a deadly weapon:
1. Four points shall be entered in Boxes 59-60 for each well docu-
mented incident of an inmate's manufacture or possession of a deadly
weapon where apparent use was intended (Does not include possession
of commonly available and unmodified objects unless used as a weapon
and this fact is documented in the disciplinary hearing process.) Include
possession of a razor blade (whether modified or not) in a segregated pro-
gram-housing unit (e.g. Administrative Segregation Unit, Security
Housing Unit, Psychiatric Services Unit, etc.); or,
2. Eight points shall be entered in Boxes 59-60 for each possession of
a deadly weapon incident, which occurred within five years of the in-
mate's reception to the department on current term.
(G) For each instance of deliberate and willful behavior which might
lead to violence or disorder, and any willful attempt to incite others, ei-
ther verbally or in writing, or by other deliberate action, to use force or
violence upon another person, as described in section 3005 (typically,
this involves a leadership role in a facility riot, racial disturbance or work
strike), four points shall be entered in Boxes 61-62.
(H) For each battery that caused serious injury, 16 points shall be en-
tered in Boxes 63-64. Inmates who conspired in or ordered the battery
shall also receive these points.
1 . Serious injury is that which is defined in section 3000.
2. Any attempt, which may have been life-threatening but circum-
stances such as heavy clothing prevented the homicide, shall be included.
(c) Preliminary Score (Boxes 65-67).
(1) The inmate's preliminary score is entered in Boxes 65-67 and is
the result of adding the total points derived from background factors in
subsection (a) with the total points derived from prior incarceration be-
havior in subsection (b).
(2) Right-justify the total score.
(3) Computations, which result in a minus value, shall be entered as
zero.
(d) Mandatory Minimum Score, Score Factors, and Score Factor
Codes (Boxes 68-70):
( 1 ) A mandatory minimum score is a score that is applied to an inmate
who has a case factor that requires that he/she be housed no lower than
a specific security level.
(2) A mandatory minimum score factor is a case factor that requires
the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is an alpha code
associated with a mandatory minimum score factor.
(A) If an inmate has a case factor that requires the application of a man-
datory minimum score factor code, enter the code that applies in Box 68.
(B) If one or more mandatory minimum score factors are present, de-
termine which of the factors is associated with the highest score and enter
that code in Box 68.
(C) Enter the mandatory minimum score that corresponds to the se-
lected code in Boxes 69-70.
(e) Placement Score (Boxes 71-73).
(1) If there are no case factors that require a mandatory minimum
score, enter the preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater
than the preliminary score, enter the mandatory minimum score as the
placement score.
(3) If a mandatory minimum score has been applied, and it is less than
the preliminary score, enter the preliminary score as the placement score.
(f) Classification Staff Representative Action (Boxes 95-159):
(1) The CSR determines appropriate housing in keeping with depart-
mental needs, safety and security, the inmate's placement score and ad-
ministrative determinants. The three-letter codes from section 3375.2
shall be used to indicate the administrative determinants.
(A) Up to five administrative determinants may be entered in Boxes
134-148.
1. Reason for any administrative or irregular placement (Boxes
157-159).
2. Entered only if the facility's security level where the inmate is
placed is not consistent with his/her placement score.
(B) Enter one of the administrative determinant's three-letter code
from secdon 3375.2.
(2) CSR approval of an administrative or irregular placement (admin-
istrative determinant) is valid only as long as the inmate's placement
score remains within the same facility security level as when the approval
was given.
NOTE; Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068, Penal Code; Wright v. Enomoto (1916) 462 F Supp. 397;
Stoneham v.Rushen (1984) 156Ca]. App. 3d 302; and Castillo v. Alaineida, etal.
(N.D. Cal., No. C94-2847).
History
1. Change without regulatory effect adding section filed 10-22-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing errors (Register 91, No. 11).
3. Editorial correction of printing errors (Register 92, No. 5).
4. Change without regulatory effect amending subsection (b)(2)(H)3. and subsec-
tion renumbering filed 12-15-95 pursuant to section 100, title 1, California
Code of Reguladons (Register 95, No. 50).
5. Amendment of section and Note and new form CDC 839 filed 8-27-2002 as
an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal
Code section 5058.3 a Certificate of Compliance must be transmitted to OAL
by 2^-2003 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 8-27-2002 order, including further amendment
of section and repealer and new forin CDC 839, transmitted to OAL 1-2 1 -2003
and filed 3-6-2003 (Register 2003, No. 10).
7. Amendment of subsecUons (a)(4)(B)l.-10. and Noth filed 5-25-2006; opera-
tive 5-25-2006 pursuant to Government Code secfion 1 1 343.4 ( Register 2006,
No. 21).
Page 188.53
Register 2006, No. 49; 12-8-2006
§ 3375.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE OF CAUFORNIA
CDC 839 (Rev. 12/02)
CDC CLASSIFICATION SCORE SHEET
DEPARTMENT OF CORRECTIONS
Original - Central File
Canary - OIS
Green - Inmate
4. COUNTY OF LAST LEGAL RESIDENCE
S. FORM IDENTIFICATION (ENTER X In a, b or c)
■) NEW b) CORRECTION DATE CORRECTED
n^' □
DAY
n
B. BACKGROUND FACTORS
CORRECTION TO CDC 839 SCORE SHEET (Prior to Rev. 07/02)
AGE
AT FIRST ARREST MATRIX i
POINTS
POINTS
OTO
17= 12
30 TO 35
= 4
18 TO
21 = 10
36 +
=
22 TO
29- 8
FIRST ARREST DATE
OR AGE
1 . Use this section to correct a CDC 839
score sheet with a form revision date ( -t- or - )
prior to 07/02. TOTAL CORRECTION -
□
D. PRIOR INCARCERATION BEHAVIOR
t. AGE AT FIRST ARREST .
DATE OF BIRTH
POINTS (See MatrU)
AGE AT RECEPTION MATRIX
POINTS POINTS
16 TO 20 = 8 27 TO 35 = 4
21 TO 26 = 6 36 ♦ =0
2. AGE AT RECEPTION
3. TERM IN YEARS ( ) x2
4. STREET GANG/DISRUPTIVE GROUP
POINTS (See Matrix) -
(MAX 50)
n
a) Type
Code
b) Verllicallon
Code
5. MENTAL ILLNESS
Level of Cars Coda
(Enter X)
MHC
nnnn
+ 6 =
CCCMS EOP MHCB DMH
n
6. PRIOR JAIL OR COUNTY JUVENILE SENTENCE
OF 31* DAYS
7. PRIOR INCARCERATION(S)
a) CYA. Juvenile State/Federal Level
b) CDC. CRC. Adult State/Federal Level
8. TOTAL BACKGROUND FACTORS SCORE -
(MAX
(MAX 1)
(MAX
n
1) + 1 =
1. LAST 1? MONTHS OF INCARCERATION
a) FAVORABLE - (No Serious Disciplinary)
b) UNFAVORABLE (Serious DIscipllnarles)
Dates :
n
NUMBER OF
2. SERIOUS DISCIPLINARY HISTORY
a) Battery or Attennpted Battery on a Non-Prisoner
Dates:
b) Battery or Attempted Battery on an Inmate
Bsiasi
c) Distribution of Drugs
Dates".
d) Possession of a Deadly Vt/aapon
(Double-weight if within last 5 years)
pates:
e) Inciting a Disturbance
Dates:
t) Battery Causing Serious Injury
Dates:
3. TOTAL PRIOR INCARCERATION
BEHAVIOR SCORE (Combine D.I. and sum of D.2.) = + /
x8 =
x4 =
x4 =
X 4 =
x4 =
X 16=
MANDATORY MINIMUM SCORE FACTOR CODES AND SCORES
C9P6 SCORE
(/^ Condemned
[B] Life Without Possibility of Parole
[C] CCR 3375.2(a)(7) Life inmate
[D] History of Escape
[E] Warrants "F^^ Suffix
[F] Violence Exclusion
[G] Public Interest Case
[H] Other Life Sentence
PLACEMENT
1. PRELIMINARY SCORE (Not less than 0)
(Combine Item B.8.,Totai BacicgourKl Factors Score, and
item D.3.,Total Prior incarceration Behavior Score)
MANDATORY MINIMUM
SCORE FACTOR CODE
(Assess Highest Factor)
□
3. MANDATORY MINIMUM SCORE
ENTER PRELIMINARY SCORE OR MANDATORY MINIMUM SCORE WHICHEVER IS GREATER
1. HOLDS, WANTS and DETAINERS
□ (Enter A or P)
74 USINS 75
SPECIAL CASE FACTORS
2. RESTRICTED CUSTODY SUFFIX
(Enter R) I 76
PLACEMENT SCORE | | | |
3. CURRENT INSTITUTION AND FACILITY
4. ELIGIBLE FOR RESTITUTION
CENTER
(Enter Y or N)
n
5. LEVEL IV DESIGN
a) 180 Status (Y/N) _
b) Reason Coda
6. US ARMED FORCES 7. CASEWORKER'S NAME
(Enter Y or N)
a
n
1. LAST NAME
CLASSIFICATION STAFF REPRESENTATIVE
2. DATE OF ACTION
3. LEVEL IV DESIGN
a) 180 Status
(Enter Y to Apply) I
4. MINIMUM CUSTODY
MO
Reason
DAY
YR
□ b) Reason] I I a) Eligibility I I b) Reaso
code (Enter E, L or P) Code
109 I 1 lllO I Il12
S. CCRC ELIGIBILITY
(ENTER REN
or REX)
8. DEVELOPMENTAL DISABILITY PROGRAM (DOP) CODE 7. DISABtLITY PLACEMENT PROGRAM (DPP) CODE(S)
1 a) Primary (affects placement) b) c)
8. ADMINISTRATIVE DETERMINANT COOE(S)
'
d>
a)
b)|
134
137
d)
9. MENTAL HEALTH LEVEL OF CARE 10. INSTITUTION APPROVED
(Enter C or
CCCMS EOP
LP^L-in L.CVC
top I I
149
11. REASON FOR ADMINISTRATIVE OR IRREGULAR PLACEMENT
150
IDENTIFYING INFORMATION
1. CDC NUMBER
2. INMATE'S LAST NAME
3. DATE RECEIVED CDC
□
MO
DAY
YR
Page 188.54
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.4
§ 3375.4. CDC Reclassification Score Sheet, CDC Form
840, Calculation.
The factors and their related numerical weights used to recalculate an
inmate's preliminary score or new preliminary score listed below. Box
numbers appear to the right, but refer to the first box on the left of each
field.
(a) Favorable behavior since last review (Boxes 46-51). The catego-
ries below provide favorable points for six-month intervals. For an annu-
al reclassification review, two six-month periods may be counted. When
an inmate's status is interrupted during the period without inmate fault,
the period shall be considered continuous.
(1) For each six-month period of continuous minimum custody, four
points shall be entered in Boxes 46-47.
(2) For each six-month period since the last review with no serious dis-
ciplinary(s). two points shall be entered in Boxes 48^9.
(3) For each six-month period with an average or above performance
in work, school or vocational program, two points shall be entered in
Boxes 50-51.
(A) Part-time assignments which when work/program hours are add-
ed together are equivalent to a full-time assignment shall be combined.
(B) Favorable points shall not be granted for average or above average
performance for inmates who are not assigned to a program.
(b) Unfavorable behavior since last review (Boxes 52-69):
(1) For each serious misbehavior for which the inmate was found
guilty during any six-month review period, apply eight points for a Divi-
sion A-1 or A-2 offense; apply six points for a Division B, Division C,
or Division D offense; apply four points for a Division E or Division F
offense. Only misbehavior which is equivalent to a serious rule violation
as defined in section 3315, shall be recorded in Boxes 52-57. This in-
cludes behavior while in the county jail or conduct that occurred while
the inmate was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule violations.
(B) When the serious misbehavior also includes other factors listed in
subsections (2) through (7) below, assess additional points for each appli-
cable factor.
(2) For each battery on a nonprisoner or attempted battery on a nonpri-
soner during any six-month review period, eight points shall be entered
in Boxes 58-59.
(A) Battery means any offense as described in section 3005(c) where
criminal prosecution had, or would normally have, taken place.
(3) For each battery on an inmate or attempted battery on an inmate
during any six-month review period, four points shall be entered in
Boxes 60-61.
(A) Refers to situations where one or more inmates are clearly the vic-
tim. Usually results in some injury involving a group attack or some type
of weapon.
(B) Do not include mutual combat where both inmates were co-res-
ponsible.
(4) For each incident involving the distribution of any controlled sub-
stance, per subsection 3323(c)(7), in an institution/facility or contract
health facility, for distribution and sales, four points shall be entered in
Boxes 62-63. Points shall not be assessed for personal use or possession
of a small quantity of drugs, or being under the influence.
(5) For each well-documented serious misbehavior for possession of
a deadly weapon where apparent use was intended, 16 points shall be en-
tered in Boxes 64-65. Points shall not be assessed for possession of com-
monly available and unmodified objects, unless they were used as weap-
ons and that fact is documented in the disciplinary report. Include
possession of a razor blade (whether modified or not) in a segregated pro-
gram-housing unit (e.g.. Administrative Segregation Unit, Security
Housing Unit, Psychiatric Services Unit, etc.).
(6) For each serious disciplinary where the inmate led a facility riot,
racial disturbance or work strike, four points shall be entered in Boxes
66-67. Include any willful and deliberated behavior which may have led
to violence or disorder, and any willful attempt to incite others, either ver-
bally or in writing, or by other deliberate action, to use force or violence
upon another person, of the type described in section 3005.
(7) For each battery that caused serious injury, 16 points shall be en-
tered in Boxes 68-69. Inmates who conspired in or ordered such battery
shall receive the same points.
(A) Serious injury is that which is defined in Section 3000.
(B) Any attempted battery which may have been life threatening but
circumstances such as heavy clothing prevented the homicide shall be in-
cluded.
(c) CorrecUon to CDC 840 Score Sheet (Prior to Rev. 07/02) (Boxes
70-72).
( 1 ) Use this section to correct a CDC 840 Score Sheet with a form revi-
sion date prior to 07/02.
(2) Enter only the total correcfion to the score, either negative or posi-
tive, in boxes provided.
(d) Prior Preliminary Score (Boxes 73-75):
(1) The prior preliminary score is the calculated score that appears on
the most current classification score sheet. Enter that value in Boxes
73-75.
(2) When the most current score appears on the CDC Classification
Score Sheet, CDC Form 839, (Rev. 12/02,) enter the value from that
score sheet that is the preliminary score.
(3) When the most current score appears on the CDC Reclassification
Score Sheet, CDC Form 840, (Rev 1 2/02), enter the value from that score
sheet that is the new preliminary score.
(4) When the most current score appears on the CDC Readmission
Score Sheet, CDC Form 841, (Rev. 12/02), enter the value from that
score sheet that is the new preliminary score.
(e) Net Change in Score (Boxes 76-78):
(1) Combine the total favorable points (item C.4.) with the total unfa-
vorable points (item D.8). Enter the total as a plus or minus value for net
change in score.
(f) Preliminary Score Subtotal:
(1) The prior preliminary score subtotal is the combined value of the
prior preliminary score and the net change in score.
(2) Record this value on the line provided.
(3) Computations that result in a minus value shall be entered as zero.
(g) Change in term points (Boxes 79-81):
(1) When an inmate receives a new or additional sentence to prison
which changes the total term length, two points shall be added or sub-
tracted for each year of difference between the new term and the old term.
The resultant plus or minus figure is the change in term points.
(2) When the Board of Prison Terms establishes a parole date for an
inmate with a life sentence:
(A) The total projected incarcerafion time in years and months is the
term length.
(B) MuUiply the total term length in years by two (2).
(C) Determine the difference between the new term points and the old
term points. The resultant plus or minus figure is the change in term
points.
(3) For parole violators: If a parole violator receives a new term after
the CDC Form 841 (Rev. 1 2/02) has been endorsed, the prior term points
shall be given a minus value and combined with new term points. The dif-
ference is the change in term points.
(4) Do not record a change in term points unless there is a change in
the total term.
(h) Recalculation of the New Preliminary Score:
( 1 ) The inmate' s new preliminary score is entered in Boxes 82-84 and
is the result of combining the preliminary score subtotal and any adjust-
ments resulting from a change in term points as determined in subsection
(g).
(2) Right-justify the total.
(3) Computations that result in zero or a minus value shall be entered
as zero.
Page 188.55
Register 2006, No. 49; 12-8-2006
§ 3375.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(i) Mandatory Minimum Score, Score Factors, and Score Factor Codes
(Boxes 85-87):
( 1 ) A mandatory minimum score is a score that is applied to an inmate
who has a case factor that requires that he/she be housed no lower than
a specific security level.
(2) A mandatory minimum score factor is a case factor that requires
the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is an alpha code
associated with a mandatory minimum score factor.
(A) If an inmate has a case factor that requires the application of a man-
datory minimum score factor code, enter the code that applies in Box 85.
(B) If one or more mandatory minimum score factors are present, de-
termine which of the factors is associated with the highest score and enter
that code in Box 85.
(C) Enter the mandatory minimum score that corresponds to the se-
lected code in Boxes 86-87.
(j) Placement Score (Boxes 88-90).
( 1 ) If there is no case factor requiring a mandatory minimum score, en-
ter the new preliminary score as the placement score.
(2) If a mandatory minimum score is applied, and it is greater than the
new preliminary score, enter the mandatory minimum score as the place-
ment score.
(3) If a mandatory minimum score is applied, and it is less than the new
preliminary score, enter the new preliminary score as the placement
score.
(4) The placement score is one of the factors used to determine the se-
curity level to which the inmate is assigned.
(k) Classification Staff Representative (Boxes 1 15-188):
(1) The CSR determines appropriate housing in keeping with depart-
mental needs, safety and security, the inmate's placement score and ad-
ministrative determinants. The three-letter codes from section 3375.2
shall be used to indicate the administrative determinants.
(A) Up to five administrative determinants may be entered in Boxes
159-177.
1 . An asterisk {-■') shall be placed in the box adjacent to each adminis-
trative determinant which is being removed (i.e., no longer valid).
2. Reason for administrative or irregular placement (Boxes 186-188).
(B) Entered only if the facility's security level where the inmate is
placed is not consistent with the inmate's placement score.
(C) Enter one of the administrative determinant's three-letter code
from section 3375.2.
(2) CSR approval of an administrative or irregular placement is only
valid as long as the inmate's placement score remains within the same
facility security level score range as when the approval was given.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068, Penal Code: Wright v. Enomoto (1976) 462 F.Supp. 397; and
Sumeham v. Rushen (1984) 156 Cal.App.3d 302.
History
1. Change without regulatory effect adding section filed 10-22-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 4).
2. Editorial correction of printing errors (Register 91 , No. 11).
3. Amendment of section and Noxi-: and new form CDC 840 filed 8-27-2002 as
an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal
Code section 5058.3 a Certificate of Compliance must be transmitted to OAL
by 2-4-2003 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 8-27-2002 order, including further amendment
of section and repealer and new form CDC 840, transmitted to OAL 1 -2 1 -2003
and filed 3-6-2003 (Register 2003, No. 10).
Page 188.56
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.4
STATE OF CALIFORNIA
CDC 840 (Rev. 12/02)
CDC RECLASSIFICATION SCORE SHEET
DEPARTMENT OF CORRECTIONS
Original - Cfintral File
Canary - OIS
Green - Inmate
4. DATE OF LAST SCORE SHEET
MO
DAY
YR
-
-
5. FORM IDENTIFICATION (ENTER X In «, b or c)
a) NEW b) CORRECTION ,^q
n-n
DATE CORRECTED
DAY
□
ANNUAU 6 MONTH REVIEW PERIOD DATES
CORRECTION TO CDC 840 SCORE SHEET (Prior to Rev. 07/02)
1. REVIEW PERIOD
BEGINNING DATE
2. REVIEW PERIOD
ENDING DATE
MO
DAY
YR
-
-
3. (Enter X)
Annual
D
1 . Use this section to correct a CDC 840
score sheet with a form revision data
prior to 07/02. TOTAL CORRECTION'
(♦OR
•'D
COMPUTATION OF SCORE
4. Number of Full
Review Periods
M
O
DAY
-
YR
-
FAVORABLE BEHAVIOR SINCE LAST REVIEW
1. Continuous Minimum Custody
2. No Serious Disciplinary
3. Average or Atxjve Performance in Work,
School or Vocational Program
4. TOTAL FAVORABLE POINTS
1. PRIOR PRELIMINARY SCORE
(Praiminary Score from SSBMaw Pralnynaiy Soote
tnmB40arS41)
2. Net Change In Score _
(D. 8 minus C. 4)
3. PRELIMINARY SCORE SUBTOTAL
(Not lass than 0) ==
4. Change In Term Points (T/P) (x 2)
-OWT/P ♦ New T/P
(♦ or -)
n
(+ or -)
n
S. NEW PRELIMINARY SCORE
(Not less than O)
PLACEMENT
4. Distribution of Drugs
Dates :
5. Possession of a Deadly Weapon
Dates :
6. Inciting a Disturbance
Dates:
7. Battery Causing Serious Injury
Dates :
8. TOTAL UNFAVORABLE POINTS = +
1. LAST NAME
UNFAVORABLE BEHAVIOR SINCE LAST REVIEW
SERIOUS OISCIPLINARIES
1. Oiv.A-1/A-2
Dates :
Oiv. B. C & D
Dates :
Div. E & F
Dates :
2. Battery or Attempted Battery on a
Non-Prisoner
Dates :
3. Battery or Attempted Battery on an Inmate
Dates :
MANDATORY MINIMUM SCORE FACTOR CODES AND SCORES
CODE SCORE CODE SCORE
lA) Condemned 52 [E] Warrants 'R' Suffix 19
[B] Life Without Possibility of Parole 52 [F] Violence Exclusion 19
IC] CCR 337S.2(a)(7) Life inmate 28 [G] Public Interest Case 19
fO] History of Escape 19 [H] Other Life Sentence 19
1. SCORE FACTOR CODE
(Asaesa Only Highest Fa
E I I
Factor) I
2. MANDATORY MINIMUM SCORE
3. PLACEMENT SCORE
ENTER NEW PRELIMINARY SCORE OR
MANDATORY MINIMUM SCORE WHICHEVER
IS GREATER
m-i
SPECIAL CASE FACTORS
1. HOLDS. WANTS and DETAINERS
JEnter A, P or * )
Felony I 1 91 USINS 92
3. ELIGIBLE FOR 4. LEVEL IV DESIGN
RESTITUTION CENTER a) 180 Status (Y/N)
n
2. RESTRICTED
CUSTODY SUFFIX
(Enter
I 94 b)
(Enter Y or N) j 94 b) Reason Code
8. CURRENT INSTITUTION AND FACILITY
Enter I I
> ARM
nter Y I I
orN) I I
5. US ARMED FORCES
(Er
7. COUNTY OF LAST
LEGAL RESIDENCE
8. CASEWORKER'S NAME
D-
I. CLASSIFICATION STAFF REPRESENTATIVE
2. DATE OF ACTION
3. LEVEL IV DESIGN
4. MINIMUM CUSTODY
a) 180 Status 1 I b)
(Enter Y
or * ) I 1 129
Reason
Code
a) Eligibility b) r,„o
(Enter E, L or P) code
I 1132
S. CCRC ELIGIBILITY
(Enter REN,
REX or * )
6. DEVELOPMENTAL DISABILITY 7. DISABILITY PLACEMENT PROGRAM (DPP) CODE(S)
PROGRAM (DDP) CODE •) (') Primary (affects placement) b)(*)
139
8. ADMINISTRATIVE DETERMINANT COOE(S)
•)(•) «>)(*)
I i
c)C)
n
n
n
c){*)
□
««)(•)
n
d)C)
□
e)(*)
D
9. MENTAL HEALTH LEVEL OF CARE
10. INSTITUTION APPROVED
11. REASON FOR ADMINISTRATIVE OR IRREGULAR PLACEMENT
(Enter C or E)
CCCMS BOP
D
A. IDENTIFYING INFORMATION
1. CDC NUMBER
□
2. INMATE'S LAST NAME
3. DATE COMPLETED
MO
DAY
YR
Page 188.57
Register 2006, No. 49; 12-8-2006
§ 3375.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3375.5. CDC Readmission Score Sheet, CDC Form 841 ,
Calculation.
The factors and their related numerical weights used to recalculate an
inmate's preliminary score upon readmission to the department are listed
below. Box numbers appear to the right, but refer to the first box on the
left of each field.
(a) Favorable behavior since last review (Boxes 48-53). The catego-
ries below provide favorable points for six-month intervals. When an in-
mate' s status is interrupted during the period without inmate fault, the pe-
riod shall be considered continuous.
(1) For each six-month period of continuous minimum custody, four
points shall be entered in Boxes 48-49.
(2) Apply one-half favorable behavior points for less than a full six-
month review period.
(3) Unfavorable behavior points shall be assessed at full value.
(B) For each six-month period since the last review with no serious
disciplinary, two points shall be entered in Boxes 50-51.
(C) For each six-month period with an average or above performance
in work, school or vocational program, two points shall be entered in
Boxes 52-53.
1. Part-time assignments which, when work and program hours are
added together, are equivalent to a full-time assignment shall be com-
bined.
2. Favorable points shall not be granted for average or above perfor-
mance for inmates who are not assigned to a program.
(b) Unfavorable behavior since last review (Boxes 54-71):
(1) For each serious misbehavior for which the inmate was found
guilty during a six-month review period, apply eight points for a Divi-
sions A-1 or A-2 offense; apply six points for a Division B, Division C,
or Division D offense; apply four points for a Division E or Division F
offense in Boxes 54-59. Only misbehavior that is equivalent to a serious
rule violation, as defined in section 3315, shall be recorded. This includes
behavior while in the county jail or conduct that occurred while the in-
mate was housed in another state or federal jurisdiction.
(A) Do not include any administrative rule violations.
(B) When the serious misbehavior also includes other factors listed in
subsection (2) through (7) below, assess additional points for each appli-
cable factor.
(2) For each battery on a non-prisoner or attempted battery on a non-
prisoner during any six-month review period, eight points shall be en-
tered in Boxes 60-61.
(3) Battery means any offense as described in section 3005(c) where
criminal prosecution had, or would normally have taken place.
(4) For each battery on an inmate or attempted battery on an inmate
during any six-month review period, four points shall be entered in
Boxes 62-63.
(A) Refers to situations where one or more inmates are clearly the vic-
tim. Usually results in some injury involving a group attack or some type
of weapon.
(B) Do not include mutual combat where both inmates were co-re-
sponsible.
(5) For each incident involving the distribution of any controlled sub-
stance, per subsection 3323(c)(7), in an institution/facility or contract
health facility, for distribution and sales, four points shall be entered in
Boxes 64-65. Points shall not be assessed for personal use or possession
of a small quantity of drugs, or being under the influence.
(6) For each well-documented serious disciplinary for possession of
a deadly weapon where apparent use was intended, 1 6 points shall be en-
tered in Boxes 66-67. Points shall not be assessed for possession of com-
monly available and unmodified objects, unless they were used as weap-
ons and that fact is documented ion the disciplinary report. Include
possession of a razor blade (whether modified or not) in a segregated pro-
gram-housing unit (e.g., Administrative Segregation Unit, Security
Housing Unit, Psychiatric Services Unit, etc.).
(7) For each serious disciplinary where the inmate led a facility riot,
racial disturbance or work strike, four points shall be entered in Boxes
68-69. Include any willful and deliberate behavior that may have led to
violence or disorder, and any willful attempt to incite others, either ver-
bally or in writing, or by other deliberate action, to use force or violence
upon another person, of the type described in section 3005.
(8) For each battery that caused serious injury, 16 points shall be en-
tered in Boxes 70-71. Inmates who conspired in or ordered the battery
shall receive the same points.
(A) Serious injury is that which is defined in Section 3000.
(B) Any attempted battery which may have been life threatening but
circumstances such as heavy clothing prevented the homicide shall be in-
cluded.
(c) Prior Preliminary Score (Boxes 75-77):
( 1 ) The prior preliminary score is the calculated score that appears on
the most current classification score sheet. Enter that value in Boxes
75-77.
(2) When the most current score appears on the CDC Form 839 (Rev.
12/02), CDC Classification Score Sheet, enter the value from that score
sheet that is the preliminary score.
(3) When the most current score appears on the CDC Form 840, (Rev.
12/02), CDC Reclassification Score Sheet, enter the value from that score
sheet that is the new preliminary score.
(4) When the most current score appears on the CDC Form 841, (Rev
12/02), CDC Readmission Score Sheet, enter the value from that score
sheet that is the new preliminary score.
(d) Net Change in Score (Boxes 78-80):
Combine the total favorable points (item C.4.) with the total unfavor-
able points (Item D.8.). Enter the total as a plus or minus value for net
change in score.
(e) Preliminary Score Subtotal
(1) The prior preliminary score subtotal is the combined value of the
prior preliminary score and net change in score.
(2) Record this value on the line provided.
(3) Computations that result in a minus value shall be entered as zero.
(f) Change in term points (Boxes 81-83):
(1) If, during reception center processing, the inmate has been desig-
nated as a PVRTC, do not enter a value. This area is left blank for an in-
mate who has returned as a parole violator without a new term.
(2) If, subsequent to reception center processing, the parole violator
receives a new term, record the change in term points, if any, on a CDC
Form 840 (Rev. 12/02), Reclassification Score Sheet, as a result of this
new term. Do not correct the CDC Form 841.
(3) If, during reception center processing, the inmate has been desig-
nated as a PVWNT, the prior term points shall be given a minus value and
combined with the new term points. To determine the new term points,
multiply the number of whole years times two. Drop months from the cal-
culation.
(4) Any term point adjustments that may have been recorded on a pre-
vious CDC Form 840 or CDC Form 84 1 must also be taken into consider-
ation to determine the final total change in term points.
(5) Determine the difference between the new term points and the old
term points. The resultant plus or minus figure is the change in term
points.
(6) A change in the term points is recorded only if there is a change in
the total term length.
(g) New Preliminary Score (Boxes 84-86):
(1) The inmate's new preliminary score is the result of combining the
preliminary score subtotal with the change in term points (if any).
(2) Right-justify the total.
(3) Computafions that result in zero or a minus value shall be entered
as zero.
(h) Mandatory Minimum Score, Score Factors, and Score Factor
Codes (Boxes 88-89):
( 1 ) A mandatory minimum score is a score that is applied to an inmate
who has a case factor that requires that he/she be housed no lower than
a specific security level.
Page 188.58
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3375.5
(2) A mandatory minimum score factor is a case factor that requires
the application of a mandatory minimum score.
(3) A mandatory minimum score factor code is an alpha code
associated with a mandatory minimum score factor.
1 . If an inmate has a case factor that requires the application of a man-
datory minimum score factor code, enter the code that applies in Box 87.
2. If one or more mandatory minimum score factors is present, deter-
mine which of the factors is associated with the highest score and enter
that code in Box 87.
3. Enter the mandatory minimum score that corresponds to the se-
lected code in Boxes 88-89.
(i) Placement Score (Boxes 90-92)
(1) If there are no case factors that require a mandatory minimum
score, enter the new preliminary score as the placement score.
(2) If a mandatory minimum score has been applied, and it is greater
than the new preliminary score, enter the mandatory minimum score as
the placement score.
(3) If a mandatory minimum score has been applied, and it is less than
the new preliminary score, enter the new preliminary score as the place-
ment score.
(4) The placement score is one of the factors that is used to determine
the security level to which the inmate is assigned.
(j) Classification Staff Representative (Boxes 117-181):
( 1 ) The CSR determines appropriate housing in keeping with depart-
mental needs, safety and security, the inmate's placement score and ad-
ministrative determinants.
(A) The three-letter codes from section 3375.2 shall be used to indi-
cate the administrative determinants. Up to five administrative determi-
nants may be entered in Boxes 156-170.
(B) Reason for administrative or irregular placement (Boxes
179-181).
1. Entered only if the facility's security level where the inmate is
placed is not consistent with his/her placement score.
2. Enter one of the administrative determinant's three-letter codes
from section 3375.2.
3. CSR approval of an administrative or irregular placement is valid
only as long as the inmate's Placement Score remains within the same fa-
cility security level as when the approval was given.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Section
5054, Penal Code.
History
1 . New section and new form CDC 841 filed 8-27-2002 as an emergency; opera-
tive 8-27-2002 (Register 2002, No. 35). Pursuant to Penal Code section 5058.3
a Certificate of Compliance must be transmitted to OAL by 2-4-2003 or emer-
gency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-27-2002 order, including further amendment
of section and repealer and new form CDC 84 1 , transmitted to OAL 1 -2 1 -2003
and filed 3-6-2003 (Register 2003, No. 10).
Page 188.59
Register 2006, No. 49; 12-8-2006
§ 3375.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE CF CALIFORNIA
CDC 841 (Rev. 12/02)
DEPARTMENT OF CORRECTIONS
CDC READMISSION SCORE SHEET
4. DATE OF LAST SCORE SHEET
MO DAY JYR^
5. COUNTY OF LAST
LEGAL RESIDENCE
e. FORM IDENTIFICATION (ENTER X In a, b or c)
READMISSION REVIEW PERIOD CALCULATION
1. DATE PAROLED
2. REVIEW PERIOD
BEGINNING DATE
MO
DAY
YR
MO
DAY
YR
3. Total Review Periods Not
Previously Addressed MONTHS
4. Number of
DAYS
5. Partial Review Period
6 Month Review Periods
(Less Than 6 Months) MONTHS
FAVORABLE BEHAVIOR SINCE LAST REVIEW
Number Ot Review Periods
Apply points for each Review Period of 6 Months at full value
Apply points for Review Period less than 6 Months at half value
1. Continuous Minimum Custody
2. No Serious Disciplinary
3. Average or Above Performance in WorK,
School or Vocational Program
4. TOTAL FAVORABLE POINTS
UNFAVORABLE BEHAVIOR SINCE LAST REVIEW
SERIOUS OISCIPLINARIES
1. Div.A-1/A-2
Dales:
Div. B, C & D
Dates:
DIv. E & F
Dates:
2. Battery or Attempted Battery on a
Non-Prisoner
Dates:
3. Battery or Attempted Battery on an Inmate
Dates:
4. Distribution of Drugs
Dates:
5. Possession of a Deadly Weapon
Dates:
6. Inciting a Disturbance
Dates:
7. Battery Causing Serious Injury
Dales:
8. TOTAL UNFAVORABLE POINTS = + .
1. LAST NAME
a) NEW b) CORRECTION
]" □"□'•[
MO
D^
COMPUTATION OF SCORE
1. PRIOR PRELIMINARY SCORE .
(PraHminaiy Soora kom 830/Naw Prakiynwy Score
tnxn 840 or B41)
2. Net Change In Score
{O. 8 minus C. 4)
3. PRELIMINARY SCORE SUBTOTAL
(Not lass than 0)
4. Change In Term Points (TIP) (x 2)
- Old T/P + New T/P
{+ or -)
n
(* or -)
n
S. NEW PRELIMINARY SCORE
(Not lass than 0)
F. PLACEMENT
MANDATORY MINIMUM SCORE FACTOR CODES AND SCORES
CODE SCORE CODE SCORE
lAi Condemned 52 (E) Warrants 'R' Suffix 19
[B] Life Without Possibility of Parole 52 JF] Violence Exclusion 19
iC] OCR 3375.2(a)(7) Life Inmate 28 (G] Public Interest Case 19
(D) History of Escape 19 (H) Other Life Sentence 19
1. SCORE FACTOR CODE I I
(Assess Only Highest Factor) 87
2. MANDATORY MINIMUM SCORE
3. PLACEMENT SCORE
ENTER NEW PRELIMINARY SCORE OR
MANDATORY MINIMUM SCORE
WHICHEVER IS GREATER
n-T-i
SPECIAL CASE FACTORS
1. HOLDS, WANTS and DETAINERS
(Enter A or P)
Felony I 1 93 USINS 94
3. ELIGIBLE FOR 4. LEVEL IV DESIGN
RESTITUTION CENTER a) ISO Status (Y/N)
2. RESTRICTED
CUSTODY SUFFIX
□
LEFOR
rUTION '
(Enter Y or N) 96 b) R.a
UTION ANI
(Enter
-n
ison Code
6. CURRENT INSTITUTION AND FACILITY
5. US ARMED FORCES
(Enter Yl I
or N) 97
7. RETURN STATUS
(Enter RTC or WNT)
8. CASEWORKER'S NAME
D
CLASSIFICATION STAFF REPRESENTATIVE
2. DATE OF ACTION
3. LEVEL IV DE SIGN
s) 180 Status I I b) Reason
(EntsrY code
to apply)
131
6. DEVELOPMENTAL DISABILITY
PROGRAM (ODP) CODE
8. ADMINISTRATIVE DETERMINANT CODE(S)
a) b)
4. MINIMUM CUST ODY
a) Ellolblllty ("^ I b) Reason
(Enter E. L or P) | | code
I Il3
7. DISABILITY PLACEMENT PROGRAM (DPP) CODE(S)
a) Primary (affects placement) b)
9. MENTAL HEALTH LEVEL OF CARE
(Enter C or _
cccMS Bop
«
1. CDC NUMBER
nnza
Original • Central File
Canary - OIS
144
c)
147
d
I
5. CCRC ELIGIBILITY
(Enter REN
or REX)
159
162
165
166
«»>
10. INSTITUTION APPROVED
11. REASON FOR ADMINISTRATIVE OR IRREGULAR PLACEMENT
179
IDENTIFYING INFORMATION
2. INMATE'S LAST NAME
3. DATE RECEIVED THIS INCARCERATION
Green - Inmate
MO
DAY
Page 188.60
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3376
§ 3376. Classification Committees.
(a) The following terms are defined for the purposes of this section:
( 1 ) Camp means the type of subfacility of an institution which is nor-
mally located in a rural area and which has no secure (fenced or walled)
perimeter. Camp inmates are generally assigned to conservation and/or
road details.
(2) Community-access facility (CAF) means any facility located in
the community, administrated by the Parole and Community Services
Division, where inmates have access to the community for work or train-
ing and which has no secure (fenced or walled) perimeter.
(3) Community con-ectional facility (CCF) means a facility located in
the community, administrated by the Parole and Community Services
Division, where inmates do not have unsupervised access to the commu-
nity and which has a secure (fenced) perimeter.
(4) Facility means any institution, community-access facility, com-
munity correctional facility, or any camp or other subfacility of an insti-
tution under the jurisdiction of the department.
(5) Institution means a large facility or complex of subfacilities with
a secure (fenced or walled) perimeter headed by a warden.
(b) Each facility shall establish classification committees as provided
herein. A quorum for any committee at a CAF shall be a minimum of two
persons who shall be the chairperson and recorder. A quorum at all other
facilities shall be a minimum of three persons who shall be the chairper-
son, recorder and any other member.
(c) Composition of committees:
(1) Initial and Unit Classification Committees shall consist of:
(A) Facility captain, correctional captain, or CAF/CCF manager
(chairperson).
(B) Correctional counselor III, parole administrator I, parole agent III,
or assistant CAF/CCF manager; or, for CAF/CCFs only, designated su-
pervisory peace officer at the rank of correctional lieutenant, or above
(alternate chairperson).
(C) Correctional counselor II, correctional counselor I, or parole agent
II (recorder).
(D) Assignment lieutenant (initial classification), program lieutenant
(unit classification), or CAF/CCF inmate assignment/program coordina-
tor.
(E) Educational or vocational program representative.
(F) Other staff as required.
(2) Institution Classification Committees (ICC) and Facility Classifi-
cation Committees (FCC) shall consist of:
(A) Warden, regional parole administrator, deputy warden, or deputy
regional parole administrator (chairperson).
(B) Correctional administrator or parole administrator I (alternate
chairperson).
(C) Psychiatrist or physician.
(D) Facility captain.
(E) Correctional captain.
(F) Correctional counselor III. parole agent III, correctional counselor
II, or parole agent II (recorder).
(G) Assignment lieutenant or CAF/CCF inmate assignment/program
coordinator.
(H) Educational or vocational program representative.
(I) Other staff as required.
(3) Camp Classification Committee shall consist of:
(A) Correctional lieutenant (chairperson).
(B) Correctional counselor I (alternate chairperson, recorder).
(C) Correctional sergeant.
(D) Staff representative of camp contracting agency.
(d) Classification committee functions:
( 1 ) Initial Classification Committees shall:
(A) Evaluate case factors and assist the inmate to understand facility
expectations, available programs, and resources.
(B) Initiate an education, vocational training, or work program; desig-
nate a credit earning and privilege group; and assign a custody designa-
tion for each inmate.
(C) Refer complex cases to the ICC or FCC.
(D) Recommend transfer of a new arrival determined to be inappropri-
ately placed.
(E) Grant work credits to which the inmate is entitled while in transit.
(2) Unit Classification Committees shall:
(A) Review each inmate's case at least annually to consider the accura-
cy of the inmate's classification score, custody designation, program,
work and privilege group, and facility placement, including recommen-
dation for transfer. A parole violator's first annual review may be delayed
for up to five months so that it will coincide with classification score up-
dates.
(B) Change in inmate's work/privilege group.
(C) Conduct post board classification on an inmate within \5 days of
receipt of official notice of a Board of Prison Terms' decision regarding
the inmate.
(D) Act on an inmate's request for restoration of forfeited credits for
less than Division C offenses in accordance with section 3327.
(3) Institution and Facility Classification Committees shall:
(A) Recommend transfer of inmates.
(B) Act on cases referred by lower committees.
(C) Review inmate requests for meritorious sentence reduction to de-
termine compliance with Penal Code section 2935.
(D) Make referrals and recommendations through the chief, classifica-
tion services, for cases requiring Departmental Review Board (DRB ) de-
cisions.
(E) Change an inmate's work/privilege group.
(4) Camp classification committees shall perform all functions desig-
nated above for unit and initial classification committees.
NOTE: Authority cited: Sections 3303 and 3309, Welfare and Institutions Code;
and Sections 5058 and 6252, Penal Code. Reference: Sections 2933, 50.54 and
5068, Penal Code.
History
1. Repealer and new section filed 8-7-87 as an emergency; operative 8-7-87
(Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 1 2-4-87; dis-
approved by OAL (Register 88, No. 16).
3. Repealer and new secfion filed 1-4-88 as an emergency; operative 1-4-88
(Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. Repealer and new section filed 6-2-88 as an emergency; operative 6-2-88
(Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
7. Change without regulatory effect amending secfion filed 10-22-90 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 91, No. 4).
8. Editorial correction of printing error in subsection (b)(3)(D) (Register 92, No.
5).
9. Repealer of subsecfion (b)(2)(C), subsecfion relettering, and amendment of sub-
secfion (b)(3)(E) filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
10. Amendment of subsecfion (b)(2)(C) and repealer of subsection (b)(3)(K) and
subsection relettering pursuant to Penal Code section 5058(e) filed 3-20-96 as
an emergency; operative 3-20-96 (Register 96, No. 12). A Certificate of Com-
pliance must be transmitted to OAL by 8-27-96 or emergency language will be
repealed by operation of law on the following day.
11. Certificate of Compliance as to 3-20-96 order transmitted to OAL 7-25 96
and filed 9-5-96 (Register 96, No. 36).
12. Amendment of section and Note filed 5-1-97; operative 5-31-97 (Register
97, No. 18).
13. Amendment of subsection (d)(2)(A) filed 7-28-97 as an emergency; operative
7-28-97 (Register 97, No. 31). Pursuant to Penal Code section 5058(e). a Cer-
fificate of Compliance must be transmitted to OAL by l-.i 98 or emergency
language will be repealed by operafion of law on the following day.
14. Certificate of Compliance as to 7-28-97 order transmitted to OAL 10-27-97
and filed 12-8-97 (Register 97, No. 50).
15. Amendment of subsection (d)(2)(A), new subsecfion (d)(2)(B), subsection re-
lettering and amendment of subsecfion (d)(3)(E) filed 1-9-2004 as an emergen-
cy; operafive 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004
or emergency language will be repealed by operation of law on the following
day.
Page 188.61
Register 2006, No. 49; 12-8-2006
§ 3376.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
16. Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection re-
leltcring and amendment ofsubsection (d)(3)(E) retlled 6-1 7-2004 as an emer-
gency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code
section 5058.3, a Certificate ol' Compliance must be transmitted to OAL by
1 1-24-2004 or emergency language will be repealed by operation of law on the
following day.
17. Certificate of Compliance as to 6-17-2004 order transinitted to OAL
1 1-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
§ 3376.1. Departmental Review Board.
The Departmental Review Board (DRB) provides the director's final
review of classification issues which are referred by an institution head
for a resolution or decision at the headquarters level. The DRB decision
serves as the director's level decision which is not appealable and con-
cludes the inmate/parolee's departmental administrative remedy of such
issues.
(a) Composition of the DRB:
(1) The deputy director or an assistant deputy director of the institu-
tions division (chairperson).
(2) The deputy director or assistant deputy director of the parole and
community services division.
(3) The chief of classification services (shall abstain on DRB issues re-
sulting from a difference of opinion between an institution head and the
chief of classification services).
(4) The chief of health services.
(b) Two members shall constitute a quorum.
(c) The DRB shall meet at the call of the chairperson.
(d) Referrals shall be made to the DRB when:
( 1 ) An institution head is unable to resolve a difference of opinion with
the chief of classification services.
(2) An institution head believes a clarification of departmental policy
of statewide importance is required.
(3) An institution head believes a DRB level decision for placement
of an inmate is required because of an unusual threat to the safety of per-
sons or public interest in the case; e.g., commuted or modified death sen-
tence or classification of an inactive gang member or associate. Subse-
quent DRB reviews of the continued placement of inactive gang
members or associates in a security housing unit (SHU) shall occur no
earlier than two years after the previous DRB decision. Upon denial of
an alternative placement for an inactive gang member or associate, the
DRB is authorized to schedule an earlier review of the placement if the
DRB determines that it is reasonable to expect that release from SHU will
be granted in less than two years.
(4) A difference between a Board of Prison Terms' program placement
order and the department's policies cannot be resolved.
(5) An out-of-state or federal prison placement is recommended by
the institution classification committee.
(6) Meritorious credit is recommended by an institution classification
committee to reduce an inmate' s period of confinement pursuant to Penal
Code Section 2935.
(7) The inmate's current placement was ordered by the DRB and there
is no documentation in the inmate's central file to indicate that the DRB
has relinquished responsibility for the inmate's placement.
(e) Decisions of the DRB shall be in writing and implemented within
30 calendar days after the decision is made.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Code; Sandin v. Connor (1995) 515 U.S. 472; and Madrid v. Gomez
(N.D. Cal. 1995) 889 F.Supp. 1 146.
History
1. New section filed 1-16-92; operative 2-17-92 (Register 92, No. 13).
2. Amendment ofsubsection (d)(3) and Note filed 8-30-99 as an emergency; op-
erative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code section 5058(e),
a Certificate of Compliance must be transmitted to OAL by 2-8-2000 or emer-
gency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
§ 3377. Facility Security Levels.
Each camp, facility, or area of a facility complex shall be designated
at a security level based on its physical security and housing capability.
Reception centers are not facilities of assignment and are exempt from
the security level designations except for the assignment of permanent
work crew inmates. The security levels are:
(a) Level 1 facilities and camps consist primarily of open dormitories
with a low security perimeter.
(b) Level II facilities consist primarily of open dormitories with a se-
cure perimeter, which may include armed coverage.
(c) Level III facilities primarily have a secure perimeter with armed
coverage and housing units with cells adjacent to exterior walls.
(d) Level IV facilities have a secure perimeter with internal and exter-
nal armed coverage and housing units described in section 3377(c). or
cell block housing with cells non-adjacent to exterior walls.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code. Reference: Sec-
tions 5054 and 5068, Penal Code.
History
1 . New secfion filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88.No. 16).
3. New section filed 1-4-88 as an emergency; operative 1^1—88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
7. Change without regulatory effect amending section filed 10-22-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correcdon of printing errors (Register 91, No. 11).
9. Editorial correction of printing error in subsection (b) (Register 92, No. 5).
10. Amendment of section heading, first paragraph and Note filed 8-27-2002 as
an emergency; operative 8-27-2002 (Register 2002, No. 35). Pursuant to Penal
Code section 5058.3 a Certificate of Compliance must be transmitted to OAL
by 2^4-2003 or emergency language will be repealed by operation of law on
the following day.
1 1 . Certificate of Compliance as to 8-27-2002 order transmitted to OAL
1-21-2003 and filed 3-6-2003 (Register 2003, No. 10).
§ 3377.1 . Inmate Custody Designations.
(a) Designation of a degree of an inmate's custody shall be reasonably
related to legitimate penological interests. The CDC uses the following
inmate custody designations to establish where an inmate shall be housed
and assigned, and the level of staff supervision required to ensure institu-
tional security and public safety:
Maximum Custody,
Close A Custody,
Close B Custody,
Medium A Custody,
Medium B Custody,
Minimum A Custody,
Minimum B Custody,
(1) Maximum Custody.
(A) Housing shall be in cells in an approved segregated program hous-
ing unit as described in CCR section 3335 and CCR subsections
3341.5(b) and 3341.5(c).
(B) Assignments and activities shall be within the confines of the ap-
proved segregated program housing unit.
(C) An inmate designated as Maximum Custody shall be under the di-
rect supervision and control of custody staff.
(2) Close A Custody Male Inmates.
(A) Housing shall be in cells within Level III and Level IV facilities
in housing units located within an established facility security perimeter.
(B) Close A Custody inmates shall be permitted to participate in pro-
gram assignments and activities scheduled within the hours of 0600
hours to 1 800 hours unless hours are extended by the Warden to no later
than 2000 hours when it is determined that visibility is not compromised
in areas located within the facility security perimeter. Bases for the ex-
tended hours include operational necessity, daylight savings time, or
availability of high mast lighting. Close A Custody inmates are not per-
mitted beyond the work change area.
Page 188.62
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3377.1
(C) Custody staff supervision sliall be direct and constant. In addition
to regular institutional counts. Close A Custody male inmates shall be
counted at noon each day.
(3) Close A Custody Female Inmates.
(A) Housing shall be in cells or in a designated Close Custody dormito-
ry.
(B) Close A Custody female inmates shall be permitted to participate
in program assignments and activities scheduled within the hours of 0600
hours to 1 800 hours unless hours are extended by the Warden to no later
than 2000 hours when it is determined that visibility is not compromised
in areas located within the facility security perimeter and the work
change area. Bases for the extended hours include operational necessity,
daylight savings time, or availability of high mast lighting.
(C) Custody staff supervision shall be direct and constant. In addition
to regular institutional counts. Close A Custody female inmates shall be
counted at noon each day.
(4) Close B Custody Male Inmates.
(A) Housing shall be in cells within designated institutions in housing
units located within an established facility security perimeter.
(B) Close B Custody inmates shall be permitted to participate in pro-
gram assignments and activities during the hours of 0600 hours to 2000
hours in areas located within the facility security perimeter including be-
yond the work change area in a designated Level II, Level III or Level IV
institution. Close B Custody inmates may participate in designated work
program assignments until 2200 hours when the work program is in an
assigned housing unit located within the facility security perimeter.
Close B Custody inmates may participate in limited evening activities af-
ter 2000 hours until the general evening lockup and count when the lim-
ited activity is in a designated housing unit located within the facility se-
curity perimeter.
(C) The work supervisor shall provide direct and constant supervision
of Close B Custody inmates during the inmate's assigned work hours.
(D) Custody staff shall provide direct and constant supervision of
Close B Custody inmates at all times.
(5) Close B Custody Female Inmates.
(A) Housing shall be in cells or in a designated Close Custody dormito-
ry located within an established facility security perimeter.
(B) Close B Custody female inmates shall be permitted to participate
in program assignments and activities during the hours of 0600 hours to
2000 hours in areas located within the facility security perimeter, includ-
ing beyond the work change area, in designated Level II, Level III and
Level IV institutions.
Code B Custody female inmates may participate in work program as-
signments until 2200 hours when the work program is in an assigned
housing unit located within the facility security perimeter. Close B Cus-
tody female inmates may participate in limited evening activities after
2000 hours until the general evening lockup and count when the limited
activity is in an assigned housing unity located within the facility security
perimeter.
(C) The work supervisor shall provide direct and constant supervision
of Close B Custody inmates during the inmates' assigned work hours.
(D) Custody staff shall provide direct and constant supervision of
Close B Custody inmates at all times.
(6) Medium A Custody.
(A) Housing shall be in cells or dormitories within the facility security
perimeter.
(B) Assignments and activities shall be within the faciUty security pe-
rimeter.
(C) Supervision shall be frequent and direct.
(7) Medium B Custody.
(A) Housing shall be in cells or dormitories within the facility security
perimeter.
(B) Assignments and activities shall be within the facility security pe-
rimeter. Inmates may be given daytime assignments outside the facility
security perimeter but must remain on facility grounds.
(C) Custody staff shall provide frequent and direct supervision inside
the facility security perimeter. Custody staff shall provide direct and
constant supervision outside the facility security perimeter.
(8) Minimum A Custody.
(A) Housing shall be in cells or dormitories within the facility security
perimeter.
(B) Assignments and activities may be inside or outside the facility se-
curity perimeter.
(C) Staff supervision shall consist of at least hourly observation if as-
signed outside the facility security perimeter. Sufficient staff supervision
of the inmate shall be provided to ensure the inmate is present if assigned
inside the facility security perimeter.
(9) Minimum B Custody.
(A) Housing may be in cells or dormitories on facility grounds, in a
camp, in a Minimum Support Facility (MSF) or in a community based
facility such as a Community Correctional Facility.
(B) Assignments and activities include eligibility for work or program
assignments located either on or off institutional grounds.
(C) Sufficient staff supervision shall be provided to ensure the inmate
is present.
(b) An "R" suffix shall be affixed to an inmate's custody designation
to ensure the safety of inmates, correctional personnel, and the general
public by identifying inmates who have a history of specific sex offenses
as outlined in Penal Code (PC) Section 290.
(1 ) The "R" suffix shall be affixed during reception center processing
if one of the following four criteria applies:
(A) The inmate is required to register per PC Section 290.
(B) The inmate's parole was revoked by the Board of Parole Hearings
(BPH) formerly known as the Board of Prison Terms/Parole Hearing Di-
vision, Good Cause/Probable Cause Finding of an offense that is equiva-
lent to an offense listed in PC Section 290.
(C) The inmate had a BPH formerly known as California Youth Au-
thorityAfouth Offender Parole Board sustained adjudication of an of-
fense that is equivalent to an offense listed in PC Section 290.
(D) The inmate had a valid "R" suffix evaluation as defined in this sec-
tion, resulting in the "R" suffix being affixed.
(2) Inmates with a prior "R" suffix evaluation inconsistent with Sec-
tion 3377.1(b)(5) shall not have an "R" suffix applied. An "R" suffix
evaluation must be completed at the receiving institution.
(3) Within six months of reception or at any time during an incarcera-
tion, inmates with records of arrest, detention, or charge of any offenses
listed in PC Section 290, shall appear before a classification committee
to determine the need to affix an "R" suffix to the inmate's custody desig-
nation. The committee shall consider the arrest reports and district attor-
ney's comments related to each arrest.
(A) An inmate found guilty in a disciplinary hearing of a Division A-1 ,
A-2, or B offense that is equivalent to an offense listed in PC Section 290
shall have an "R" suffix evaluation completed by a classification com-
mittee.
(4) The receiving institution's initial classification committee shall af-
fix the "R" suffix designation to an inmate's custody during initial classi-
fication committee review when it is determined the "R" suffix was not
applied at the recepfion center and the inmate meets one of the criteria
Hsted in Subsection 3377.1(b)(1).
(5) When completing an "R" suffix evaluadon, the classificaUon com-
mittee shall consider the arrest report(s) and district attorney's com-
ments. However, a classificadon committee may affix an "R" suffix if the
arrest report(s) are available and the district attorney's comments are un-
available. The classificadon committee shall document in a CDC Form
128-G the attempts/steps taken to obtain the required documentation.
(A) An "R" suffix shall not be affixed when the required documenta-
don is not available for review, unless approved by Departmental Review
Board (DRB) decision. If the arrest report is unavailable, the district at-
Page 188.63
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§ 3377.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
torney's comments or any other court or official documents shall be con-
sidered if available.
(B) DRB approval is required to affix an "R" suffix to an inmate's de-
gree of custody if the required relevant documents are not available to
complete an "R" suffix evaluation.
(6) If a Unit Classification Committee (UCC) finds that an inmate may
no longer require an "R" suffix, the committee shall refer the case to the
histitution Classification Committee (ICC) for review.
(7) Should a different facility UCC at the same institution disagree
with the initial UCC's decision to either affix or not affix the "R" suffix,
the committee must refer the case to ICC for review.
(8) ICC can reverse an "R" suffix evaluation by a previous institution's
ICC only if new and compelling information is obtained. Otherwise, the
case shall be referred for a DRB decision.
(9) An "R" suffix shall not be applied if the inmate was acquitted/
found not guilty of the sex related charges in a court of law even if BPH
Good Cause/Probable Cause Finding revoked his/her parole for those sex
related charges.
(10) Inmates with "R" suffixes shall be housed in accordance with
their placement score and shall not be assigned outside the security pe-
rimeter.
(11) Inmates who have obtained a valid Certificate of Rehabilitation
pursuant to PC Section 4852.01 shall not have an "R" suffix affixed.
(12) An inmate whose "R" suffix has been removed shall be eligible
for any housing or assignment for which they otherwise would qualify
had the "R" suffix never been designated.
(13) The following terms are defined for the purposes of the "R" suffix
custody designation:
(A) Institution means a large facility or complex of subfacilities with
a secure (fenced or walled) perimeter headed by a warden.
(B) Facility means a subfacility of an institution headed by a facility
captain.
(c) An "S" suffix may be affixed by a classification committee to the
inmate's custody designation to alert staff of an inmate's need for single
cell housing. The classification committee's decision to affix the "S" suf-
fix shall be based on documented evidence that the inmate may not be
safely housed in a double cell or dormitory situation based on a recom-
mendation by custody staff or a health care clinician.
NOTE: Authority cited: Section 5058, Penal Code, Reference: Sections 290,
4852.01, 5054 and 5068, Penal Code; Americans With Disability Act (ADA), 42
U.S.C. § 12131, et seq.; and Pennsylvania Department of Corrections v. Yeskey
(1998) 524 U.S. 206.
History
1 . New section filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
(Register 88, No. 50).
7. Change without regulatory effect amend section filed 1 0-22-90 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 91, No. 4).
8. Editorial correction of printing error inadvertently omitfing text (Register 91,
No. 11).
9. Editorial correcfion of printing error in subsection (a)(9)(B) (Register 92, No.
5).
10. Amendment filed 3-27-2000 as an emergency; operative 3-27-2000 (Regis-
ter 2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 9-5-2000 or emergency language will
be repealed by operation of law on the following day.
1 1 . Certificate of Compliance as to 3-27-2000 order transmitted to OAL
9-5-2000; disapproval and order of repeal and deletion reinstating section as
it existed prior to emergency amendment by operation of Government Code
11346.1(f) fded 10-18-2000 (Register 2000, No. 42).
12. Amendment filed 10-19-2000 deemed an emergency pursuant to Penal Code
section 5058(e); operative 10-19-2000(Register2000, No. 42). Pursuant to Pe-
nal Code section 5058(e), a Certificate of Compliance must be transmitted to
OAL by 3-27-2001 or emergency language will be repealed by operation of
law on the following day.
13. Certificate of Compliance as to 10-19-2000 order, including further amend-
ment of subsections (a). {a)(2)(B) and (a)(3)(B) and amendment of Note, trans-
mitted to OAL 3-27-2001 and filed 5-3-2001 (Register 2001, No. 18).
14. Amendment of subsections (b)-(b)(l)(D). repealer of subsections
(b)( 1)(E)-(K), amendment of subsections (b)(2)-(3), new subsection (b)(3)(A),
amendment of subsections (b)(4)-(5), new subsections (b)(5)(A)-(b)(13)(B)
and amendment of NoTh filed 11-3-2006; operative 12-3-2006 (Resister
2006, No. 44).
§ 3377.2. Criteria for Assignment of Close Custody.
(a) Close Custody: Upon review of an inmate's case factors and need
for supervision, the classification committee shall establish a Close Cus-
tody designation in accordance with the following case considerations
when it determines that the inmate meets case factor criteria for either
Close A Custody as listed in section 3377.2(b) or for Close B Custody as
listed in section 3377.2(c).
(1) The case factors to be considered in assigning Close Custody in-
clude, but are not limited to, the following:
(A) the inmate's total term, sentence, or remaining time-to-serve;
(B) the inmate's escape history;
(C) identification of a management concern;
(D) receipt of an active law enforcement felony hold;
(E) a finding of guilt for a serious Rules Violation Report (RVR) (see
Section 3315);
(F) an inmate who is considered to be High Notoriety or is designated
as a Public Interest Case.
(2) Departmental Review Board (DRB) approval is required to assign
a Close Custody designation to an inmate who does not meet the case fac-
tor criteria established in this section. Authorization for the DRB shall be
required before extending a Close Custody designation beyond the time
constraints established for the most similar group of sentences.
(3) Custody determination shall be based on information available at
the time of review. An ICC may temporarily assign a Close Custody des-
ignation to an inmate, for a maximum of ninety (90) days, pending receipt
of documents or verification of information needed to make a final deter-
mination.
(4) Any inmate being evaluated for reduction of Close Custody shall
demonstrate a record of disciplinary-free behavior and compliance with
behavioral expectations, such as positive programming and participation
for the last 12 months prior to the review.
(5) The Annual Classification Committee review shall include consid-
eration of custody reduction.
(6) When calculating the time to be served in Close Custody in accor-
dance with the case factor criteria, a classification committee shall count
an inmate's behavior conforming to minimum expectations in the
California Youth Authority (CYA) prior to the inmate's placement in
CDC during the inmate's current term.
(7) When calculating the time served in Close Custody in accordance
with case factor criteria, a classification committee shall not include peri-
ods of time that an inmate was serving a determinate or indeterminate
term in Security Housing Unit (SHU) or in Administrative Segregation
Unit (ASU) or any segregated program housing unit.
(8) In cases involving an escape, the date of the escapee's return to
CDC custody shall be the starting date to be used in calculating the start
of the Close Custody time frame.
(9) An inmate who meets the Close Custody case factor criteria and
who also has a documented health care or disability special housing need
which cannot be reasonably accommodated in the existing facility shall
be referred by classification committee to the Classification Staff Repre-
sentative (CSR) for transfer consideration.
( 10) An inmate who is identified to be a management concern shall be
ineligible for custody reduction consideration below Close B Custody.
Upon review and determination that an inmate no longer presents a man-
agement concern, a Unit Classification Committee shall refer the case to
Page 188.64
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Title 15
Adult Institutions, Programs and Parole
§ 3377.2
Institutional Classification Committee (ICC) for review. The ICC may
remove the identification of the inmate as a management concern based
on consideration of the inmate's long-term positive programming, eval-
uation of the inmate's behavior in custody, and determination that the in-
mate no longer presents a continuing threat to public safety warranting
Close B Custody.
(11) The classification committee is to consider the inmate's length of
term or remaining time to serve in light of the inmate's escape history.
An inmate with an escape history shall serve the longest required amount
of time before becoming eligible for custody reduction below Close A
Custody and shall also serve the longest required amount of time before
being eligible for custody reduction below Close B Custody.
( 1 2) An inmate who meets more than one Close A Custody case factor
shall be designated Close A Custody for the longest required amount of
time before becoming eligible for Close B Custody consideration.
(13) An inmate who meets more than one case factor for Close B Cus-
tody shall serve the longest required amount of time before he or she is
to be eligible for consideration of further custody reduction.
( 14) An inmate who is ineligible for further custody reduction based
on any exclusionary case factor shall be precluded from further custody
reduction.
(15) Upon classification committee review and determination that an
inmate meets the Close Custody criteria, the inmate shall be designated
Close Custody and shall be required to complete established time frames
for Close A Custody and Close B Custody in compliance with Section
3377.2(b) and 3377.2(c). Neither the inmate's projected date of release
nor the inmate's earliest possible release date shall override established
time frames.
( 1 6) A classification committee may on a case-by-case basis consider
for Medium A Custody an inmate who otherwise meets the Close Custo-
dy criteria [e.g. the minimum time periods for Close A and Close B Cus-
tody provided in subsections (b) and (c)] and who has been in CDC custo-
dy before March 2000 serving his or her instant offense. The inmate may
retain Medium A Custody if the classification committee determines that
the inmate's current housing, program, and in-custody behavior do not
substanfiate a need for supervision and restrictive housing at the level of
Close Custody and one of the following conditions are met:
(A) The inmate has already demonstrated posifive programming for
an equal or greater period of time at a less restrictive degree of custody
during his or her present commitment and a classification committee has
determined that the inmate has no history of escape, is not a management
concern, is not an LWOP, and has no active law enforcement hold.
(B) The inmate was not designated Close Custody upon initial period
of incarceration and has since served more than half of the required
amount of time for Close Custody at a less restrictive degree of custody,
and a classification committee has determined that the inmate has no his-
tory of escape, has no active law enforcement hold, is not a LWOP, and
is not a management concern.
(C) The inmate is sentenced to a single Life term and has less than two
years to be within seven years of MEPD and a classification committee
has determined that the inmate does not demonstrate a significant risk of
escape, has no history of escape, is not a management concern, and has
no active law enforcement hold.
(b) Close A Custody Case Factor Criteria: An inmate who meets any
of the Close A Custody case factor criteria described in this subsection
shall be assigned to Close A Custody.
( 1 ) Lengthy Sentence. An inmate serving a sentence of Life Without
the Possibility of Parole (LWOP) shall serve his or her first five (5) years
of incarceration in CDC at Close A Custody before he or she shall be eli-
gible for custody reduction consideration.
(2) Lengthy Sentence plus Management Concern and/or Escape His-
tory. An inmate who demonstrates a management concern and/or an es-
cape history in addition to serving a lengthy sentence as defined below
.shall require Close A Custody:
(A) An inmate with a management concern and/or an escape history
sentenced to a Total Term of 50 years or more shall serve at least his or
her first five (5) years of incarceration in CDC at Close A Custody before
he or she shall be eligible for consideration of custody reduction.
(B) An inmate with a management concern and/or an escape history
who is sentenced to more than one Life sentence shall serve his or her first
five (5) years of incarceration in CDC at Close A Custody before he or
she shall be eligible for consideration of custody reduction.
(C) An inmate with a management concern and/or an escape history
who is sentenced to a Life sentence shall serve at least his or her first year
of incarceration in CDC at Close A Custody before he or she shall be eli-
gible for considerafion of custody reduction.
(D) An inmate with a management concern and/or an escape history
who is sentenced to a total term of fifteen (15) years or more but less than
50 years shall serve at least his or her first year of incarceration in CDC
at Close A Custody before he or she shall be eligible for consideration of
custody reduction.
(3) An inmate whose precommitment and prior in-custody behavior
demonstrates no management concern and reflects no escape history, but
whose term of incarceration meets any of the following criteria shall re-
quire Close A Custody:
(A) An inmate who is sentenced to a Total Term of 50 years or more
shall serve at least his or her first five (5) years of incarceration in CDC
at Close A Custody before he or she shall be eligible for consideration of
custody reduction.
(B) An inmate who is sentenced to more than one Life sentence shall
serve at least his or her first five (5) years of incarceration in CDC at Close
A Custody before he or she shall be eligible for consideration of custody
reducfion.
(C) An inmate who is sentenced to a Life sentence shall serve his or
her first year of incarceradon in CDC at Close A Custody before he or she
shall be eligible for consideration of custody reduction.
(D) An inmate who is sentenced to a total term of fifteen (15) years or
more, but less than 50 years, shall serve his or her first year of incarcera-
tion in CDC at Close A Custody before he or she shall be eligible for con-
sideration of custody reduction.
(4) Escape History. An inmate with a documented escape history (as
reflected in State, Federal, local or juvenile criminal history) as described
in this section shall be assigned to Close A Custody:
(A) An inmate convicted of or whose commitment offense includes
Escape With Force or Attempted Escape With Force from any correc-
tional setting or armed escort occurring within the last five (5) years of
return to CDC custody shall serve his or her first eight (8) years upon re-
ceipt in CDC at Close A Custody before he or she shall be eligible for con-
sideration of custody reduction.
(B) An inmate convicted of or whose commitment offense includes
Escape Without Force or Attempted Escape Without Force From Secure
Perimeter or Armed Escort within the last five (5) years of return to CDC
custody shall serve his or her first five (5) years of incarceration upon re-
ceipt in CDC at Close A Custody before he or she shall be eligible for con-
sideration of custody reduction.
(C) An inmate convicted, or found guilty of any serious RVR for plot-
ting or planning to escape from a secure perimeter shall require Close A
Custody for two (2) years from the date of the conviction or from the date
charges were adjudicated, whichever is later, before he or she shall be eli-
gible for consideration of custody reduction.
(5) Holds. An inmate who is subject to an active law enforcement hold
as described below shall require Close A Custody as follows:
(A) An inmate verified to be subject to an active law enforcement hold
for an offense that could result in sentencing as an LWOP, to serve Multi-
ple Life Terms, or to serve a Determinate Sentence or Total Term of 50
years or more shall require Close A Custody for at least five (5) years
from the date of receipt of the hold unless the hold is removed. After an
initial five (5) years at Close A Custody, the inmate shall be eligible to
be considered for custody reduction to Close B Custody.
(B) An inmate verified to be subject to an active law enforcement hold
for an offense that could result in sentencing to a Total Term of Life or
a determinate term or Total Term of fifteen (15) years or more shall re-
Page 188.65
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§ 3377,2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
quire Close A Custody for at least one (1) year from the date of receipt
of the hold unless the hold is removed. After at least one ( 1 ) year at Close
A Custody, the inmate shall be eligible for consideration for custody re-
duction to Close B Custody.
(6) Disciplinary History. An inmate who was found guilty of a serious
RVR or convicted of an offense in custody as described in this subsection
shall require Close A Custody as follows:
(A) An inmate found guilty of an in-custody Murder of A Non-Inmate
or convicted of an in-custody Murder of A Non-Inmate shall be desig-
nated Close A Custody following his or her release from SHU. Close A
Custody is required during the inmate's remaining Total Term after re-
lease from SHU. Custody shall not be reduced from Close A Custody.
(B) An inmate found guilty of an in-custody Murder of an Inmate or
convicted of an in-custody Murder of an Inmate within the last six (6)
years shall serve at least the subsequent six (6) years at Close A Custody
following release from SHU before he or she shall be eligible for consid-
eration of further custody reduction.
(7) Notoriety. An inmate designated as a Public Interest Case or who
is considered to have High Notoriety shall serve at least his or her first
five (5) years in Close A Custody before he or she shall be eligible for
consideration of further custody reduction.
(c) Close B Custody Case Factor Criteria: An inmate who meets the
Close B Custody case factor criteria described in this subsection shall be
assigned to Close B Custody.
( 1 ) Life Without Possibility of Parole. Upon completing five (5) years
at Close A Custody, an inmate who is sentenced to LWOP shall serve at
least the subsequent ten (10) years at Close B Custody. An inmate who
is designated as an LWOP shall be ineligible for further reduction of cus-
tody below Close B Custody until after at least a total of fifteen (15) years
at Close Custody. Level IV housing is required for the inmate's Total
Term unless the DRB authorized Level III housing as a result of a case-
by-case review.
(2) Lengthy Sentence Plus Management Concern or Escape history.
An inmate who is sentenced to a lengthy sentence and who demonstrates
a management concern and/or an escape history as defined below shall
require Close B Custody:
(A) Upon completing at least five (5) years at Close A Custody, an in-
mate who demonstrates a management concern and/or an escape history
and who is sentenced to a Total Term of 50 years or more shall be as-
signed no less restrictive custody than Close B Custody. The inmate shall
be ineligible for further reduction of custody.
(B) Upon completing at least five (5) years at Close A Custody, an in-
mate who demonstrates a management concern and/or an escape history
and who is sentenced to more than one Life sentence shall be assigned
no less restrictive custody than Close B Custody. The inmate shall be in-
eligible for further reduction of custody.
(C) Upon completing at least one (1) year at Close A Custody, an in-
mate who demonstrates a management concern and/or an escape history
and who is sentenced to a Life sentence shall be assigned no less restric-
tive custody than Close B Custody. The inmate shall be ineligible for fur-
ther reduction of custody.
(D) Upon completing at least one (1) year at Close A Custody, an in-
mate who demonstrates a management concern and/or an escape history
and who is sentenced to a Total Term of fifteen (15) years or more, but
less than 50 years, shall be assigned to no less restrictive custody than
Close B Custody. The inmate shall be ineligible for further reduction of
custody.
(3) Lengthy Sentence. An inmate who demonstrates no management
concerns and no escape history, but is sentenced to a Total Term as de-
fined below shall require Close B Custody.
(A) Upon completing at least five (5) years at Close A Custody, an in-
mate who demonstrates no management concerns and no escape history,
and is sentenced to a Total Term of 50 years or more shall serve the subse-
quent ten (10) years at Close B Custody.
(B) Upon completing at least five (5) years at Close A Custody, an in-
mate who demonstrates no management concerns and no escape history,
but who is sentenced to more than one Life sentence shall be assigned to
Close B Custody. He or she must be within seven (7) years of his or her
Minimum Eligible Parole Date (MEPD) before he or she is eligible for
further reduction of custody.
(C) Upon completing at least one (1) year at Close A Custody, an in-
mate who demonstrates no management concerns and no escape history,
and who is sentenced to a Life sentence shall be assigned to Close B Cus-
tody. He or she must be within seven (7) years of his or her MEPD before
he or she is eligible for further reduction of custody. An inmate sentenced
to Life may be considered for placement in a designated Level II facility
when the inmate has a Level II Classification Score, is otherwise eligible
for housing in a Designated Level II facility, and meets criteria per CCR
Section 3375.2(a)(7). However, an inmate identified as a serial killer
shall be excluded from Level I or Level II placement even if his or her
convictions for murders are prosecuted separately.
(D) Upon completing at least one (1) year at Close A Custody, an in-
mate who demonstrates no management concerns and no escape history,
and is sentenced to a Total Term of fifteen (15) years or more, but not
more than 50 years, shall serve the subsequent four (4) years at Close B
Custody before he or she is eligible for further reduction of custody. Such
an inmate may be considered for placement in a Designated Level II Fa-
cility when the inmate has a Level II Classification Score, is otherwise
eligible for housing in a Designated Level II facility, and meets criteria
per CCR Section 3375.2(a)(7).
(4) Escape History. An inmate with a documented escape history as
described in this section shall be assigned to Close B Custody:
(A) Upon completing at least eight (8) years at Close A Custody, an
inmate who is convicted of or found guilty of a serious RVR or whose
commitment offense includes Escape With Force or Attempted Escape
With Force from any correctional setting or armed escort shall serve the
subsequent two (2) years at Close B Custody before he or she shall be eli-
gible for further reduction of custody. Following completion of the re-
quired Close B Custody period, an inmate with an escape history shall be
eligible for custody reduction to Medium A Custody, but shall be housed
in no less than a Designated Level II facility for a minimum of three (3)
years before he or she shall be ehgible for less restrictive housing. The
inmate shall be ineligible for Minimum Custody.
(B) Upon completing at least five (5) years at Close A Custody, an in-
mate convicted of or whose commitment offense includes Escape With-
out Force or Attempted Escape Without Force From Secure Perimeter
Facility or Armed Escort shall serve the subsequent five (5) years at
Close B Custody before he or she shall be eligible for further reduction
of custody. Following completion of the required Close B Custody peri-
od, an inmate with an escape history shall be ehgible for custody reduc-
tion to Medium A Custody, but shall be housed in no less than a Desig-
nated Level II facility for a minimum of three (3) years before he or she
shall be eligible for less restrictive housing. The inmate shall be ineligible
for Minimum Custody.
(C) Upon completing at least two (2) years at Close A Custody, an in-
mate involved in a documented plot to escape from a secure perimeter
facility shall serve the subsequent two (2) years at Close B Custody be-
fore he or she shall be eligible for further reduction of custody. Following
completion of the required Close B Custody period, an inmate with an
escape history shall be eligible for custody reduction to Medium A Cus-
tody, but shall be housed in no less than a Designated Level II facility for
a minimum of three (3) years before he or she shall be eligible for less
restrictive housing. The inmate shall be ineligible for Minimum Custody.
An inmate with a history of walkaways from nonsecure settings shall not
be placed in minimum custody settings for at least ten (10) years follow-
ing the latest walkaway.
(5) Holds. An inmate who is subject to an active law enforcement hold
as described below shall require Close B Custody as follows:
(A) After at least five (5) years at Close A Custody, an inmate verified
to be subject to an active law enforcement hold for an offense that could
result in sentencing as an LWOP, to Multiple Life Terms, or to a Determi-
nate Sentence or Total Term of 50 years or more shall be Close B Custody
until the hold is removed.
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Title 15
Adult Institutions, Programs and Parole
§3378
(B) After at least one ( 1 ) year at Close A Custody, an inmate verified
to be subject to an active law enforcement hold for an offense that could
result in sentencing to a Total Term of Life or a determinate term or Total
Term of fifteen (15) years or more shall be Close B Custody until the hold
is removed.
(6) Disciplinary History. An inmate whose disciplinary history in-
cludes any of the criteria described in this subsection shall require Close
B Custody:
(A) An inmate found guilty of an in custody serious RVR for the Mur-
der of a Non-Inmate or convicted of Murder of a Non-Inmate shall re-
quire Close A Custody during his or her remaining term after release
from SHU. Tlie inmate shall be ineligible for Close B Custody or any re-
duction of custody.
(B) Upon completing at least six (6) years at Close A Custody, an in-
mate found guilty of an in custody serious RVR for the Murder of an In-
mate or convicted of Murder of an Inmate shall serve the subsequent four
(4) years at Close B Custody before he or she shall be eligible for consid-
eration of further reduction of custody.
(C) An inmate found guilty of a Division A-1 or Division A-2 serious
RVR, as set forth in CCR Section 3323, or who is determined by a classi-
fication committee to demonstrate a pattern of, or a continuing propensi-
ty for, violence, escape or narcotic distribution, shall serve two (2) years
at Close B Custody before he or she shall be eligible for consideration of
further reduction of custody.
(D) An inmate designated as a former gang member ("dropout") shall
be required to undergo a period of observation and be designated by clas-
sification committee action as a Close B Custody inmate for one ( 1 ) year
before he or she shall be eligible for consideration of further reduction
of custody.
(7) Notoriety. After at least five (5) years at Close A Custody, an in-
mate designated as a Public Interest Case or determined to have High No-
toriety shall serve at least five (5) years in Close B Custody before consid-
eration of further reduction of custody.
NOTt-;: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Code; Americans With Disability Act (ADA), 42 U.S.C. § 12131, et
seq.; and Pennsylvania Department of Corrections v. Yesicey (1998) 524 U.S. 206.
History
1 . New section filed 3-27-2000 as an emergency; operative 3-27-2000 (Register
2000, No. 13). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 9-5-2000 or emergency language will
be repealed by operation of law on the following day.
2. Certificate of Compliance as to 3-27-2000 order transmitted to OAL 9-5-2000;
disapproval and order of repeal and deletion repealing section by operation of
Government Code 1 1346.1(g) filed 10-18-2000 (Register 2000. No. 42).
3. New section filed 10-19-2000 deemed an emergency pursuant to Penal Code
section 5058(e); operative 10- 19-2000 (Register 2000, No. 42). Pursuant to Pe-
nal Code secUon 5058(e), a Certificate of Compliance must be transmitted to
OAL by 3-27-2001 or emergency language will be repealed by operation of
law on the following day.
4. Certificate of Compliance as to 10-19-2000 order, including further amend-
ment of section and Note, transmitted to OAL 3-27-2001 and filed 5-3-2001
(Register 2001, No. 18).
§ 3378. Documentation of Critical Case Information.
(a) Any information regarding an inmate/parolee which is or may be
critical to the safety of persons inside or outside an institution shall be
documented as required below on a CDC Form 812 (Rev. 8/01), Notice
of Critical Case Information — Safety of Persons (Nonconfidential En-
emies); a CDC Form 812-A (9/92), Notice of Critical Information — Pri-
son Gangs Identification; CDC Form 8 12-B (9/92), Notice of Critical In-
formation — ^Disruptive Group Identification; and CDC Form 812-C
(Rev. 8/01), Notice of Critical Information — Confidential Enemies. The
CDC Forms 812, 812-A, 812-B, and 812-C and all documents referred
to on the forms shall be filed in the central file of each identified inmate/
parolee. Any confidential material affecting the crifical case factors of
an inmate/parolee shall conform to the provisions of secfion 3321. En-
tries on these forms shall not be a substitute for detailed documentation
required elsewhere in the central file.
(b) A CDC Form 812, and when applicable a CDC Form 812-C, shall
be completed for each newly committed or returned inmate/parolee.
( 1 ) The CDC Forms 8 1 2 and 8 1 2-C shall be updated as any critical in-
formation becomes known and is documented in the inmate/parolee's
central file. The forms shall also be reviewed and updated at the time of
any change in the inmate/parolee's status or placement.
(2) Any inmate/parolee who claims enemies shall provide sufficient
information to positively identify the claimed enemy. Any inmate/paro-
lee identified as an enemy shall be interviewed unless such interview
would jeopardize an investigation or endanger any person. The results of
the interview or invesfigafion which supports, verifies or disproves the
information shall be documented on a CDC Form 128-B, General Chro-
no.
(3) Notafions on the CDC Forms 812 and 812-C, or absence thereof,
shall not be the sole basis for a staff decision or action which may affect
the safety of any person.
(c) Gang involvement allegations shall be investigated by a gang coor-
dinator/investigator or their designee.
( 1 ) CDC Form 8 1 2-A or B shall be completed if an inmate/parolee has
been verified as a currently active member/associate, inactive member/
associate or dropout of a gang (prison gang or disruptive group) as de-
fined in secfion 3000. Current activity is defined as any documented gang
acfivity within the past six (6) years consistent with section 3341 .5(c)(5).
(2) Infonnafion entered onto the CDC Form 812-A or B shall be re-
viewed and verified by a gang investigator to ensure that the identifica-
fion of an inmate/parolee as a currently active gang member or associate
is supported by at least three independent source items in the inmate/pa-
rolee' s central file. The independent source items must contain factual
information or, if from a confidential source, meet the test of reliability
established in section 3321. The verificafion of an inmate/parolee identi-
fied as a gang dropout shall require a formal debriefing conducted or su-
pervised by a gang invesdgator.
(3) A member is an inmate/parolee who has been accepted into mem-
bership by a gang. This idenfification requires at least three (3) indepen-
dent source items of documentaUon indicafive of actual membership.
Validafion of an inmate/parolee as a member of a prison gang shall re-
quire that at least one ( 1 ) source item be a direct link to a current or former
validated member or associate of the gang.
(4) An associate is an inmate/parolee who is involved periodically or
regularly with members or associates of a gang. This idenfification re-
quires at least three (3) independent source items of documentation indic-
ative of association with validated gang members or associates. Valida-
tion of an inmate/parolee as an associate of a prison gang shall require
that at least one ( 1 ) source item be a direct link to a current or former vali-
dated member or associate of the gang.
(5) A dropout is an inmate/parolee who was either a gang member or
associate and has discontinued gang affiliafion. This identification re-
quires the inmate/parolee to successfully complete the debriefing pro-
cess.
(6) The verificafion of an inmate/parolee's gang idenfification shall be
validated or rejected by the chief, office of correcfional safety (OCS), or
a designee.
(A) Prior to submission of a validafion package to the OCS, or during
the inactive status review process, the subject of the invesfigafion shall
be interviewed by the Institufion Gang Investigator, or designee, and giv-
en an opportunity to be heard in regard to the source items used in the val-
idation or inactive status review.
(B) Inmates shall be given written nofice at least 24 hours in advance
of the interview. The interview may be held earlier if the inmate v\'aives,
in writing, the 24-hour preparation period.
(C) All source items referenced in the validation or inactive status re-
view shall be disclosed to the inmate at the time of notification. The in-
mate shall be given copies of all non-confidential documents unless
otherwise requested in writing by the inmate. Confidential information
used in the validafion or inactive status review shall be disclosed to the
inmate via a CDC Form 1030 (Rev. 12/86), Confidential Information
Disclosure Form.
(D) The interview shall be documented and include a record of the in-
mate's opinion on each of the source items used in the validation. Staff
shall record this information and provide a written record to the inmate
Page 188.67
Register 2006, No. 49; 12-8-2006
§3378
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
within fourteen (14) calendar days and prior to submission of the valida-
tion package to OCS.
(E) The documented interview shall be submitted with the validation
package to the OCS for consideration to approve or reject the validation.
The documented interview shall be submitted with the inactive status re-
view to the OCS for consideration of the inmate's continued current ac-
tive or inactive status.
(F) The inmate's mental health status and/or need for staff assistance
shall be evaluated prior to interview. Staff assistance shall be assigned
per guideHnes set forth in section 3318.
(G) The validation and/or rejection of evidence relied upon shall be
documented on a CDC Form I28-B2 (Rev. 5/95). Gang Validation/Re-
jection Review, and forwarded to the facility or parole region of origin
for placement in the inmate/parolee's central file. Upon receipt of the
CDC Form 128-B2, the Classification and Parole Representative or Pa-
role Administrator I, or their designee, shall clearly note in some perma-
nent manner upon the face of every document whether or not the item met
validation requirements.
(7) The CDC Forms 8 1 2-A and 8 1 2-B shall be reviewed by a classifi-
cation committee at each annual hearing and upon any review for transfer
consideration. This shall be documented on a CDC Form 128-G (Rev.
10/89), Classification Chrono. Questionable gang identifications, nota-
tions, or new information shall be referred to a gang investigator for in-
vestigation.
(8) The determination of a gang identification shall reference each in-
dependent source item in the inmate/parolee's central file. The sources
shall be based on the following criteria:
(A) Self admission. Staff shall document information about the in-
mate/parolee's self-admission and specific involvement with the gang.
Staff shall document and disclose this information to the inmate/parolee
in a written form that would not jeopardize the safety of any person or the
security of the institution.
(B) Tattoos and symbols. Body markings, hand signs, distinctive
clothing, graffiti, etc., which have been identified by gang investigators
as begin used by and distinctive to specific gangs. Staff shall describe the
tattoo or symbol and articulate why it is believed that the tattoo is used
by and distinctive of gang association or membership. Staff shall docu-
ment and disclose this information to the inmate/parolee in a written form
that would not jeopardize the safety of any person or the security of the
institution.
(C) Written material. Any material or documents evidencing gang ac-
tivity such as the membership or enemy lists, constitutions, organiza-
tional structures, codes, training material, etc., of specific gangs. Staff
shall articulate why, based on either the expHcit or coded content, the
written material is rehable evidence of association or membership with
the gang. Staff shall document and disclose this information to the in-
mate/parolee in a written form that would not jeopardize the safety of any
person or the security of the institution.
(D) Photographs. Individual or group photographs with gang connota-
tions such as those which include insignia, symbols, or validated gang
affiliates. The date of a photograph shall be reasonably ascertained prior
to any photo being relied upon for inclusion as a source item. No
photograph shall be considered for validation purposes that is estimated
to be older than six (6) years. Any photograph being utilized as a source
item that depicts gang members shall require that at least one of the indi-
viduals be previously validated by the department, or validated by the de-
partment within six (6) months of the photograph's established or esti-
mated date or origin. Staff shall document and disclose this information
to the inmate/parolee in a written form that would not jeopardize the safe-
ty of any person or the security of the institution.
(E) Staff information. Documentation of staff s visual or audible ob-
servations which reasonably indicate gang activity. Staff shall articulate
the basis for determining the content or conduct at issue is gang related.
Staff shall document and disclose this information to the inmate/parolee
in a written form that would not jeopardize the safety of any person or the
security of the institution.
(F) Other agencies. Information evidencing gang affiliation provided
by other agencies. Verbal information from another agency shall be doc-
umented by the staff person who receives such information, citing the
course and validity of the information. Staff shall document and disclose
this information to the inmate/parolee in a written form that would not
jeopardize the safety of any person or the security of the institution.
(G) Association. Information related to the inmate/parolee's associ-
ation with validated gang affiliates. Information including addresses,
names, identities and reasons why such information is indicative of
association with a prison gang or disruptive group. Staff shall document
and disclose this information to the inmate/parolee in a written form that
would not jeopardize the safety of any person or the security of the insti-
tution.
(H) Informants. Documentation of information evidencing gang affili-
ation from an informant shall indicate the date of the information, wheth-
er the information is confidential or nonconfidential, and an evaluation
of the informant's reliability. Confidential material shall also meet the
requirements established in section 3321. Staff shall articulate how the
information specifically relates to the inmate's involvement with the
gang as a member or associate. The information may be used as a source
of validation if the informant provides specific knowledge of how he/she
knew the inmate to be involved with the gang as a member or associate.
Multiple confidential sources providing information regarding a single
gang related incident or behavior shall constitute one ( 1 ) source item. Ex-
clusive reliance on hearsay information provided by informants will not
be used for validation purposes. Staff shall document and disclose this
information to the inmate/parolee in a written form that would not jeopar-
dize the safety of any person or the security of the institution.
(I) Offenses. Where the circumstances of an offense evidence gang af-
filiation such as where the offense is between rival gangs, the victim is
a verified gang affiliate, or the inmate/parolee's crime partner is a veri-
fied gang affiliate. Staff shall articulate why an offense is gang related.
Multiple sources of informafion relative to a single incident or offense
will be considered one ( 1 ) source of validation. Staff shall document and
disclose this information to the inmate/parolee in a written form that
would not jeopardize the safety of any person or the security of the insti-
tution.
(J) Legal documents. Probation officer' s report or court transcripts ev-
idencing gang activity. Staff shall assure the document containing this in-
formation is disclosed to the inmate/parolee in a written form that would
not jeopardize the safety of any person or the security of the institution.
(K) Visitors. Visits from persons who are documented as gang "run-
ners", or community affiliates, or members of an organization which as-
sociates with a gang. Staff shall articulate the basis for determining that
the reladonship between the visitor and inmate is gang related in nature
or that the visitor and inmate engaged in a gang related discussion or gang
conduct. Staff shall articulate the basis for identifying the visitor as
associated with the gang. Staff shall document and disclose this informa-
tion to the inmate/parolee in a written form that would not jeopardize the
safety of any person or the security of the institution.
(L) Communications. Documentation of telephone conversations,
conversations between inmates, mail, notes, greeting cards, or other
communication, including coded messages evidencing gang activity.
Staff shall articulate why, based on either the explicit or coded content,
the communication is rehable evidence of association or membership
with the gang. Staff shall document and disclose this information to the
inmate/parolee in a written form that would not jeopardize the safety of
any person or the security of the instituUon.
(M) Debriefing reports. Documentation resulting from the debriefing
required by (c)(2), above. Only information referencing specific gang re-
lated acts or conduct shall be considered as a source item. Mulfiple
sources of informafion relafive to a single gang related offense or acfivity
shall be considered a single source of validafion. Staff shall document
and disclose this information to the inmate/parolee in a written form that
would not jeopardize the safety of any person or the security of the insd-
tufion.
Page 188.68
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3378
•
(d) An inmate housed in the general populations as a gang member or
associate may be considered for review for inactive status when the in-
mate has not been identified as having been involved in gang activity for
a minimum of two (2) years. Verification of an inmate's inactive status
shall be approved or rejected by the OCS, chief or a designee. The ap-
proval or rejection shall be forwarded for placement in the inmate's cen-
tral file. The Institution Classification Committee shall review and con-
sider this determination at the next hearing and upon review for transfer
consideration.
(e) An inmate housed in a security housing unit (SHU) as a gang mem-
ber or associate may be considered for review of inactive status by the
Department Review Board when the inmate has not been identified as
having been involved in gang activity for a minimum of six (6) years.
Verification of an inmate's inactive status shall be approved or rejected
by the chief, OCS, or a designee. The approval or rejection shall be for-
warded for placement in the inmate's central file.
(f) A gang member or associate, who is categorized as inactive or vali-
dated as a dropout of a prison gang and released from a SHU, may be re-
moved from the general population or any other placement based upon
one reliable source item identifying the inmate as an active gang member
or associate of the prison gang with which the inmate was previously val-
idated. The source item must identify the inmate as a gang member or
associate based on information developed after his or her release from
SHU. The source item need not be confidential, but must meet the test of
reliability established at section 3321.
(g) The procedures relating to the initial validation or rejection of gang
members or associates as described in this section shall be followed when
reviewing the present status of an inactive gang member or associate.
Verification of an inmate's active status shall be approved or rejected by
the chief, OCS, or a designee. This determination shall be forwarded for
placement in the inmate's central file.
(h) A classification committee is authorized to return an inmate to a
SHU based upon the restoration of the inmate's gang status and a deter-
mination that the inmate's present placement endangers institutional se-
curity or presents a threat to the safety of others. As provided at section
3341.5, placement in a SHU requires approval by a classification staff
representative.
Page 188.69
Register 2006, No. 49; 12-8-2006
§ 3378
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
yTATCQF CALIFORNIA
NOTICE OF CRITICAL CASE INFORMATION -SAFETY OF PERSONS (Non-Confidential Enemies)
CDC 812 (Rev 08/01)
DEPARTMENT OF CORRECTIONS
This non-confidential form is used to document inmates/parolees or potential inmates who should be kept separate and inmates/parolees suspected of afli liation with
a prison gang or disruptive group. If an inmate/parolee is identified with a prison gang, a Notice of Critical Information - Prison Gang Identification (Form
CDC 812-A) shall also be completed. A form CDC 812-B shall be completed on Disruptive Group Affiliates. Indicate "NONE" under CDC number and/or group
section if there are no enemies and/or gang concerns. Refer to CCR 3378 for additional information.
TVTA
lXT r^/^XTTnTTkr^XTTnT
AT T7ixmi»*TTr<o
DATE
DATE
DATE
DATE
DATE
DATE
JOOn-v^v/nrjLLriLmjLAjL/ HinjiiiviJjLfis
CDC NUMBER
PRINT NAME
PRIMARY SUPPORTING
DOCUMENTATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
DELETION OF PRIOR ENENOES j
CDC NUMBER
PRINT NAME
DOCUMENT DELETING ENEMY ISSUE
DELETE DATE
PRINT NAME. TITLE, INST /REGION, INITIALS OF PERSON DELETING
1
SUSPECTED GANG AFFILIATION
GANG
TYPEOFAFFILIATION(MEMBER/ASSOCIATE/DROPOLT)
DATE
PRIMARY SUPPORTING DOCUMENTATION
DISRUPTIVE CROUP
PRISON GANG
STAFF COMPLETING UPDATE
PRINT NAME AND WRITE INITIALS
TITLE
INSTITUTION / REGION
DATE
CDC NUMBER
INMATE / PAROLEE NAME
PAGE OF
Page 188.70
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3378
STAT1-: OI- CAI.IfXmNIA
DHPARTMiiNT ()!■ CORRIXTIONS
NOTICE OF CRITICAL INFORMATION— PRISON GANG IDENTIFICATION
CDC812-A(9/92)
This nonconfidential form is used to identify primary source documents in the central file which establish an inmate/parolee's current
status relative to prison gang activity/association. The identification process is initiated by completing a form CDC 8 1 2 and forwarding
it to the Gang Coordinator/Investigator. The Gang Coordinator/Investigator will then complete or supervise the completion of form CDC
8 1 2-A and signify to its accuracy by printing name and signing. A CDC 1 28-B which delineates gang activity/association shall be com-
pleted per the CDC Operations Manual. .
SUPPORTING INFORMATION
Documents shall be identified by date and type such as memorandum, probation report, parole report.
incident report, police report, chrono.
A. SELF ADMISSION
B. TATTOOS AND SYMBOLS
C. WRITTEN MATERIAL
D. PHOTOGRAPHS
E. STAFF INFORMATION
F. OTHER AGENCIES
G. ASSOCIATION
H. INFORMANTS (REASON FOR RELIABILITY MUST BE
SPECIFIED)
I. OFFENSES (GANG RELATED)
J. LEGAL DOCUMENTS
K. VISITORS
L. COMMUNICATIONS (MAIL/NOTES)
M. DEBRIEFING REPORTS
ADDITIONAL DOCUMENTATION OR COMMENTS
GANG COORDINATOR/INVESTIGATOR
I
(
J
(
^RINT NAME OF PRISION GANG AND
:URRENT STATUS: MEMBER/
\SSOCIATE/DROPOUT/NONE OR
JAFETY CONCERNS
PRINT NAME AND SIGN
TITLE
INSTITUTION/
REGION
DATE
CDC NUMBER
INMATE/PAROLEE'S NAME
PAGE OF
Page 188.71
Register 2006, No. 49; 12-8-2006
§3378
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATi; OF CAI.O-ORNIA
DEPARTMENT OF CORRECTIONS
NOTICE OF CRITICAL INFORMATION— DISRUPTIVE GROUP IDENTIFICATION
CDC812-B(9/92)
This nonconfidential form is used lo identify primary source documents in the central file which establish an inmate/parolee's member-
ship in a disruptive group other than a recognized prison gang. The identification process is initiated by completing a form CDC 812
and forwarding it to the Gang Coordinator/Investigator. The Gang Coordinator/Investigator will then complete or supervise the comple-
tion of form CDC 812-B and signify to its accuracy by printing name and signing.
SUPPORTING INFORMATION
Documents shall be identified by date and type such as memorandum, probation, report, parole report,
incident report, police report, chrono.
A. SELF ADMISSION
B. TATTOOS AND SYMBOLS
C. WRITTEN MATERIAL
D. PHOTOGRAPHS
E. STAFF INFORMATION
F. OTHER AGENCIES
G. ASSOCIATION
H. INFORMANTS (REASON FOR RELIABILITY MUST BE
SPECIFIED)
I. OFFENSES (GANG RELATED)
J. LEGAL DOCUMENTS
K. VISITORS
L. COMMUNICATIONS (MAIL/NOTES)
M. DEBRIEFING REPORTS
ADDITIONAL DOCUMENTATION OR COMMENTS
GANG COORDINATOR/INVESTIGATOR
PRINT NAME OF DISRUPTIVE
GROUP AND CURRENT STATUS:
MEMBER/ASSOCIATE/DROPOUT/
NONE OR SAFETY CONCERNS
PRINT NAME AND SIGN
TITLE
INSTITUTION/
REGION
DATE
CDC NUMBER
INMATE/PAROLEE'S NAME
PAGE OF
Page 188.72
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3378
STATE OF CALIFORNIA
NOTICE OF CRITICAL INFORMATION - CONFIDENTUL ENEMIES
CDC 812-C (Rev 8/01)
DEPARTMENT OF CORRECTIONS
CONFIDENTIAL
THIS FORM IS NOT FOR DISTRIBUTION TO INMATES / PAROLEES
This form shall be used to identify inmates and/or potential inmates who require separation based on confidential information.
Refer to OCR 3378 for additional information.
CONFIDENTIAL ENEMIES
DATE
DATE
DATE
DATE
DATE
DATE
CDC NUMBER
PRINTNAME
PRIMARY SUPPORTING
DOCUMENTATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
CURRENT
LOCATION
DELETION OF CONFIDENTIAL ENEMIES j
CDC NUMBER
PRINT NAME
DOCUMENT DELETING ENEMY ISSUE
DELETE DATE
PRINT NAME. TITLE. INST/ REGION, INITIALS OF PERSON DELETING
.
STAFFCOMPLETINGCONFIDENTIAL UPDATE |
PRINT NAME AND WRITE INITIALS
TTTLE
INSTITUTION / REGION
DATE
CDC NUMBER
INMATE / PAROLEE NAME
PAGE OF
Page 188.73
Register 2006, No. 49; 12-8-2006
§ 3378.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTH: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068. Penal Code; Sanclin v. Connor ( 1 995) 5 1 5 U.S. 472: Madrid r. Gomez (N.D.
Cal. 1995) 889 F.Supp. 1146; rm/.v.?c/mrv./Wra/r///v(9thCir. 1990) 926 F.2d 800;
roiissainl v. Yocke\ (9th Cir. 1 984) 722 F.2d 1 490; and Caslillo v. Alameida, et ul.
(N.D. Cal., No. C94-2847).
History
1 . New section filed 8-7-87 as an emergency: operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12^-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operafive 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88
tRegister88, No. 50).
7. Amendment of section heading and text and repealer and new forms filed
6-17-94; operative 7-18-94 (Register 94, No. 24).
8. Amendment of subsections (c)(2)-(3) filed 6-1-95 as an emergency; operative
6-1-95 (Register 95, No. 22). A Certificate of Compliance must be transmitted
to OAL by 1 1 -8-95 or emergency language will be repealed by operation of law
on the following day.
9. Certificate of Compliance as to 6-1-95 order including amendment of subsec-
tion (c)(3) transmitted to OAL 1 1-3-95 and filed 12-18-95 (Register 95, No.
51).
10. Editorial correction of History 8 (Register 97, No. 12).
11. Amendment of subsections (a) and (c)(2), new subsections (c)(3)-(c)(5), sub-
section renumbering, amendment of newly designated subsections (c)(6) and
(c)(8), new subsections (d)-(f)(3) and amendment of Noth filed 8-30-99 as an
emergency; operative 8-30-99 (Register 99, No. 36). Pursuant to Penal Code
section 5058(e), a Certificate of Compliance must be transmitted to OAL by
2-8-2000 or emergency language will be repealed by operation of law on the
following day.
12. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
13. Change without regulatory effect amending subsecfion (a) and repealing and
adopting new forms 812 and 812-C filed 10-23-2001 pursuant to section 100,
title 1, California Code of Regulations (Register 2001, No. 43).
14. Amendment of secdon and Note filed 5-25-2006; operafive 5-25-2006 pur-
suant to Government Code secfion 1 1343.4 (Register 2006, No. 21).
§ 3378.1 . Debriefing Process.
(a) Debriefing is the process by which a gang coordinator/investigator
determines whether an inmate/parolee (subject) has dropped out of a
gang. A subject shall be debriefed only upon his or her request, although
staff may ask a subject if he or she wants to debrief. Debriefing shall en-
tail a two-step process that includes an interview phase and an observa-
tion phase.
(b) The purpose of debriefing interview is to provide staff with in-
formation about the gang's structure, activities and affiliates. A debrief-
ing is not for the purpose of acquiring incriminating evidence against the
subject. The object of a debriefing is to learn enough about the subject
and the subject's current gang to: (1) allow staff to reasonably conclude
that the subject has dropped out of the gang, and (2) allow staff to reclassi-
fy tlie subject based upon the inmate's needs in conjunction with the se-
curity of the institution, as well as. the safety and security of staff and oth-
er inmates.
(c) SHU inmates undergoing the debriefing process shall be subject to
a period of observation in a segregated housing setting with other inmates
who are also undergoing the debriefing process. The period of observa-
tion shall be no greater than 12 months.
(d) Upon completion of the debriefing process, the inmate shall be
housed in a facility commensurate with the inmate's safety needs. In the
absence of safety needs, the inmate shall be housed in a facility consistent
with his or her classification score.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Codc.Sandhi v. Connor (1995) 515 U.S. 472; Mar/nW v. Gomez(N.B.
Cal. 1995) 889 F.Supp. \l46:andToussainrv. Mi-Cartliy(9thCk. 1990)926F.2d
800.
History
1 . New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99,
No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance
must be transmitted to OAL by 2-8-2000 or emergency language will be re-
pealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
§ 3378.2. Advisement of Rights During Debriefing.
A waiver of the right against self-incrimination is not a precondition
of an inmate/parolee (subject) undergoing a debriefing since the informa-
tion is provided for administrative purposes. A subject shall not be re-
quired to complete the debriefing process and the subject is free to termi-
nate the debriefing at any time. If, during a debriefing, a subject makes
a statement that tends to incriminate the subject in a crime, the gang coor-
dinator/investigator may stop any discussion about the matter and contin-
ue on with another topic. Prior to questioning the subject about the in-
criininating matter, the subject must waive the right against
self-incrimination. The decision by the subject to exercise the right
against self-incrimination shall not affect the determination of whether
the subject successfully participated in the debriefing.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5068, Penal Code; 5a«6fin v. Connor (\995) 5 15 U.SAll; Madrid v. Gomez(N.D.
Cal. 1995) 889 F.Supp. 1 146; and Toussaintv. McCarthy (9th Cir. 1990) 926 F.2d
800.
History
1 . New section filed 8-30-99 as an emergency; operative 8-30-99 (Register 99,
No. 36). Pursuant to Penal Code section 5058(e), a Certificate of Compliance
must be transmitted to OAL by 2-8-2000 or emergency language will be re-
pealed by operation of law on the following day.
2. Certificate of Compliance as to 8-30-99 order transmitted to OAL 2-7-2000
and filed 3-21-2000 (Register 2000, No. 12).
§ 3379. Inmate Transfers.
(a) Transfer requirements.
(1) Any inmate transfer from a facility other than a reception center
shall require a classification committee action and endorsement by a
classification staff representative (CSR). In the cases of civil addicts tran-
sferring to community correctional facilities and illegal aliens transfer-
ring for the purpose of deportation proceedings, the Classification and
Parole Representative (C&PR) may endorse such cases following the
classification committee action.
(2) An inmate for whom a recall of commitment report under provi-
sions of Penal Code Section 1 170(d) is required, shall not be transferred,
unless for emergency medical treatment, until the report is completed.
Reception center process cases shall be excluded from this provision.
(3) Except in emergencies or for special housing, inmates shall not be
transferred within 90 days of their release date, or within 90 days of a
Board of Prison Terms (BPT) appearance. If a case requires transfer with-
in the 90-day period, the appropriate BPT report shall be completed by
the sending institution prior to the transfer.
(4) A warden or superintendent may temporarily suspend a scheduled
inmate transfer. Such suspension shall constitute a classification action
and be recorded on a chrono as provided by section 3375(a)(2) of these
regulations, including the reason for the action and a recommendation for
an alternative program assignment.
(5) If an inmate has not transferred within 30 days of CSR endorse-
ment, the sending institution shall report that fact to the Chief Classifica-
tion Services who shall either direct the institution to proceed with the
transfer or present the case to the next CSR for alternative action.
(6) Transfer to another state. Transfer of a California prison inmate to
an out-of-state prison facility shall not occur prior to the inmate signing
a CDC Form 294, Interstate Compact Placement Agreement, witnessed
by the institution head or delegate.
Page 188.74
Register 2006, No. 49; 12-8-2006
•
Title 15 Adult Institutions, Programs and Parole § 3379
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 294 (REV 7/88)
INTERSTATE COMPACT PLACEMENT AGREEMENT
DATE:
I, , of my own free will and accord do hereby agree to accept transfer from an insti-
tution of the California Department of Corrections to an institution of the State of
•
I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379)
I am aware that I may be entitled to revoke my consent and transfer to an institution within California at any time
more than five (5) years after transfer. In such case, the transfer shall occur within the next 30 days.
I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations
under California Penal Code Section 11191 prior to consenting to such a transfer.
I have exercised that right: Yes , No .
I waive my right to consultation with an attorney: Yes , No
I understand that I am expected to remain in an institution within the state to which I am transferred until my release
unless I am returned to California by the California Department of Corrections.
I understand that security, treatment, training and care for me will be in keeping with the standards for such programs
as administered in California. I understand that my hearings for parole consideration and determination of sentence
will be conducted on the same basis as if I were in a California institution.
Witness Inmate's Signature
CDC Number
Distribution:
Inmate's Central File
Transporting Officer (For the receiving institution)
Page 188.75 Register 2006, No. 49; 12-8-2006
§3379 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
(7) Transfer to a federal prison. Transfer of a California prison inmate (b) Placement in level. An inmate endorsed for any level placement
to a federal prison facility shall not occur until: and transferred to an institution with several levels shall be placed in the
(A) The inmate has been informed of the right to private consultation endorsed level facility within 60 days of arrival or shall be referred to the
with an attorney their choice concerning rights and obligations pursuant next scheduled CSR for alternative action. A warden or superintendent
to Penal Code section 291 1 . may temporarily place an inmate in a facility of an institution for which
(B) The warden or superintendent or delegate has witnessed the in- the inmate has not otherwise been endorsed. Such placement shall not ex-
mate's signing of a Federal Prison System Placement Agreement consent ceed 30 days without CSR review and approval. Reasons for such place-
form and an acknowledgement of having been informed regarding rights ment may include protection or medical needs of the inmate, an incom-
and obligations. pleted investigation, disciplinary action, court proceedings, or a pending
(8) An inmate may, prior to scheduled transfer, revoke their consent transfer,
to transfer to out-of-state or federal prison.
•
•
Page 188.76 Register 2006, No. 49; 12-8-2006
Title 15 Adult Institutions, Programs and Parole § 3379
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC 802 (REV 7/88)
FEDERAL PRISON SYSTEM PLACEMENT AGREEMENT
DATE:
I, , of my own free will and accord do hereby agree to accept transfer from an institu-
tion of the California Department of Corrections to an institution of the Federal Prison System.
I am aware of my right to private consultation with an attorney of my choice concerning my rights and obligations
under California Penal Code Section 291 1 prior to consenting to such a transfer.
I have exercised that right: Yes , No .
I waive my right to consultation with an attorney: Yes , No_
I am aware that prior to the scheduled transfer I may revoke my consent to transfer. (CCR 3379J
I understand that I am expected to remain in an institution of the Federal Prison until discharged or paroled unless
I am returned to California by the Department of Corrections.
I understand that the security, treatment, training and care for me will be in keeping with the standards for such pro-
grams as administered in California by the Department of Corrections.
I understand that my hearings for parole consideration and determination of sentence will be conducted on the same
basis as if I were in a California institution.
Witness Inmate's Signature
CDC Number
Distribution:
Inmate's Central File
Transporting Officer (For the receiving institution)
Page 188.77 Register 2006, No. 49; 12-8-2006
§3379
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(c) Disciplinary and security factors. Prior to transfer of an inmate, the
sending institution shall resolve any matters related to incomplete disci-
plinary punishment or establishment of a determinate period to be served
in a SHU at the receiving facility. Disciplinary detention shall be com-
pleted, suspended, or commuted to time served. If a transfer related to
misbehavior does not require SHU placement but the inmate is trans-
ferred to an institution of higher level than indicated by the inmate' s clas-
sification score, the endorsing CSR shall establish a date for follow-up
review by the receiving institution.
(d) Medical and psychiatric transfer.
(1) The sending institution shall, prior to any medical or psychiatric
transfer, determine whether the inmate has enemies or might be in danger
at the receiving facility, and shall:
(A) Inform staff of the receiving facility by telephone prior to the trans-
fer regarding any precautions needed to protect the inmate.
(B) Make an alternate institutional transfer arrangement which will not
Jeopardize the inmate.
(2) An inmate transferred to CMF for psychiatric treatment because of
acute mental illness requiring inpatient psychiatric hospitalization or be-
cause of the recency of a major mental illness or when in partial remission
of such illness, is entitled to a hearing regarding the necessity for transfer.
Upon arrival at CMF, such inmate shall be served with a Notice of Trans-
fer to California Medical Facility for Mental Health Treatment which
shall explain the inmate's rights. The inmate may sign the notice waiving
his right to a hearing or if opposed to the transfer, may request a hearing.
Page 188.78
Register 2006, No. 49; 12-8-2006
Title 15 Adult Institutions, Programs and Parole § 3379
STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS
CDC lOJ] (REV 7/88)
NOTICE OF TRANSFER TO CALIFORNIA MEDICAL
FACILITY FOR MENTAL HEALTH TREATMENT
Inmate's Name: Today's Date:
CDC Number:
County of Commitment:
You have been transferred to the California Medical Facility to receive mental health treatment. You have a right
to the following: {CCR 3379)
A. A hearing to be held at CMF. normally within seven days after your arrival to determine whether your transfer
was necessary.
(CCR 3379)
B. Before the hearing your caseworker will help you to prepare for the hearing and will be with you at the hearing.
This assistance may include gathering all requested and available documents related to your transfer.
C. The hearing will be conducted by a classification committee, of which one member shall be an "independent
decisionmaker" a psychiatrist retained or employed by the Department of Corrections. The independent decision-
maker will not be the doctor who recommended your transfer or your treating psychiatrist at CMF. (CCR 3379)
D. At the hearing, the information which caused your physician to order the transfer will be provided to you. You
will be heard in person and can present documentary evidence on your behalf. If the chairperson at the hearing feels
that a decision cannot be made without additional information, the hearing may be continued. If it is continued, you
will be given the reasons in writing. (CCR 3379)
E. At the hearing, you may present either oral or written testimony of witnesses chosen by you. If any of your wit-
nesses are not allowed to appear for good cause, you will be given the reasons in writing.
(CCR 3379)
F. After the hearing, the independent decisionmaker will inform you in writing of the decision and the reasons for
the decision. (CCR 3379)
G. If you disagree with the findings you may appeal the decision to the Director of Corrections for investigation
to determine whether the evidence supporting the decision was sufficient. If you decide to appeal, it must be filed
within 30 calendar days of the hearing. You will be provided with a ruling within 20 working days after the filing
of your appeal.
(CCR 3379)
I have explained this form and the above stated rights to
(Inmate's Name)
Dated: Signed:
INMATE ACKNOWLEDGEMENT OF NOTICE AND RIGHTS
I have read this form and understood my rights.
Dated: Signed:
I hereby agree to receive mental health treatment at the California Medical Facility and waive the above stated rights.
Dated: Signed:
Distribution:
Hospital Chart
Medical Record
Unit File
Page 188.79 Register 2006, No. 49; 12-8-2006
§3380
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(3) The hearing shall be held within seven days from arrival at CMF.
If the hearing cannot be held within seven days, the inmate shall be in-
formed in writing of that fact, the reason for the delay, and of an estimated
date he may expect the hearing. The hearing shall consist of a classifica-
tion committee review of the case and shall include the following:
(A) Determination that the inmate has received written notice of the
transfer to CMF stating that the inmate has a right to a hearing and that
such hearings are normally held within seven days after arrival at CMF.
(B) The information relied upon in ordering the transfer to CMF shall
be disclosed to the inmate. The inmate shall be heard in person and be
permitted to present evidence, including witnesses, in his behalf.
(C) One member of the classification committee shall be a psychiatrist
employed by the Department of Corrections. This person shall be an in-
dependent decision maker and shall not be the inmate's treating psychia-
trist at either the sending or receiving institution.
(D) Following the hearing, the independent decision maker shall in-
form the inmate in writing of the committee's decision and the informa-
tion relied upon in arriving at the decision.
(E) The inmate may appeal the decision. A ruling on such appeal shall
be returned within 20 working days.
(4) Periodic clinical progress reports on a CDC Form 128-C shall be
made at least quarterly. A summary CDC Form 128-C report, classifica-
tion action and CSR endorsement are required when an inmate's program
category is changed.
NOTH; Authority cited: Section 5058, Penal Code. Reference: Sections 2911.
5025, 5054, 5068. 5080 and 11191, Penal Code; and Whitaker v. Rmhen (9th Cir.
1983) 720 F.2d 1132, 1135.
History
1. New section filed ?,-7-Sl as an emergency; operative 8-7-87 (Register 87, No.
34). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted to OAL12-4-87; dis-
approved by OAL (Register 88, No. 16).
3. New section filed 1-4-88 as an emergency: operative 1-4-88 (Register 88, No.
16). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 5-3-88.
4. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; dis-
approved by OAL (Register 88, No. 24).
5. New section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No.
24). A Certificate of Compliance must be transmitted to OAL within 120 days
or emergency language will be repealed on 9-30-88.
6. Certificate of Compliance including amendment transmitted to OAL 9-26-88
and filed 10-26-88 (Register 88, No. 50).
7. Editorial correction of printing errors in subsection (b), CDC Form 294 and
CDC Form 802 (Register 92, No. 5).
8. Amendment of subsection (a)(1) and Note filed 1-30-96 as an emergency; op-
erative 1-30-96 (Register 96, No. 5). A Certificate of Compliance must be
transmitted to OAL by 5-29-96 or emergency language will be repealed by op-
eration of law on the following day.
9. Certificate of Compliance as to 1-30-96 order, including further amendment of
subsection (a)(1) and Note, transmitted to OAL 5-14-96 and filed ()-25-96
(Register 96, No. 26).
10. Change without regulatory effect amending subsection (c) filed 3-18-97 pur-
suant to section 100, title 1, Cahfornia Code of Regulations (Register 97, No.
12).
Subchapter 5. Personnel
Article 1. Wardens, Superintendents,
Parole Region Administrators
§ 3380. Chief Executive Officer.
(a) The warden or superintendent of an institution of the department
is the chief executive officer of that institution, and is responsible for the
custody, treatment, training and discipline of all inmates under his or her
charge.
(b) Parole region administrators are the chief executive officer of their
respective parole regions, and are responsible for the supervision of all
parolees and furloughees assigned to the region, and to the districts, units
and community correctional centers under the region's jurisdiction.
(c) Subject to the approval of the Director of Corrections, wardens, su-
perintendents and parole region administrators will establish such opera-
tional plans and procedures as are required by the director for implemen-
tation of regulations and as may otherwise be required for their respective
operations. Such procedures will apply only to the iniTiates, parolees and
personnel under the administrator.
(d) Copies of institution and parole region operational plans and proce-
dures requiring the director's review and approval will be submitted to
central office on a scheduled basis. A copy of each currently approved
plan will be maintained in the department's policy documentation files.
Operational procedures which do not require the director's review and
approval do not need to be submitted to central office unless requested.
In compliance with the Public Records Act, departmental regulations and
procedures, as well as institution and parole region operational plans and
procedures of a nonconfidential nature, will be made available for public
examination at any administrative office of the department where such
information is maintained.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code and Section 6253, Government Code.
History
1. Amendment of subsection (d) filed 8-22-79; effective thirtieth day thereafter
(Register 79, No. 34).
§3381. Absence.
Wardens, superintendents and parole region administrators will obtain
the director's approval before voluntarily absenting themselves from
duty for more than one regular state workday. Each warden, superinten-
dent and parole region administrator will submit for the director's ap-
proval the names and titles of three top-ranking subordinates who will
serve in the administrator's place during temporary absences. The per-
sons named will be designated as first, second and third alternate, to serve
as acting warden, superintendent or region administrator. While so act-
ing, the person designated has the same authority and power as the war-
den, superintendent or region administrator.
Comment: Former DP-5102, absence from institution.
§ 3382. Incident Reports.
(a) Any event or activity occurring within the jurisdiction of institu-
tions or parole regions which may be of immediate interest or concern to
the department, or of special interest to other governmental agencies or
the news media will be immediately reported by institution and region
staff by telephone to the office of the director or to the departmental duty
officer. Wardens and superintendents will submit a written report of the
incident to the director within 72 hours of the verbal notice. Parole re-
gions will submit written reports as instructed by the Deputy Director,
Parole and Community Services Division.
(b) Incidents to be reported include, but are not limited to all serious
crimes such as homicide or severe assaults upon or by inmates, parolees
or employees, escapes, and sensational activities or events such as riots,
strikes, demonstrations, disturbances, or disruption of essential services,
and significant damage or destruction of state property.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9.
§ 3383. State of Emergency.
(a) A state of emergency shall exist when the institution head or Re-
gional Parole Administrator/Assistant Deputy Director, Parole and Com-
munity Services Division (P&CSD), temporarily suspends any nones-
sential operation, procedure, service or function, and the normal time
limits or schedules for such activity in order to prevent, contain or control
a distorbance.
(b) Approval of the director or director's designee is required when:
(1) A lockdown of all housing units/sub-facilities within a facility's
security perimeter is to exceed 24 hours.
(2) A lockdown of fewer than all housing units/sub-facilities within
a facility's security perimeter is to exceed 72 hours.
(3) The suspension of a facility's major program or operation is to ex-
ceed 72 hours; e.g., an academic or vocational program, visiting pro-
gram, yard operation, or dining room operation.
(c) During a state of emergency the institution head or Regional Parole
Administrator/Assistant Deputy Director, P&CSD, may authorize the
postponement of nonessential administrative decisions, actions, and the
Page 188.80
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3392
normal time requirements for such decisions and actions as deemed nec-
essary because of the emergency. This may include, but is not limited to,
classification committee hearings, disciplinary proceedings, and the re-
view and action on appeals.
(d) During a state of emergency, the cause and effect .shall be constant-
ly reviewed and evaluated by the institution head or Regional Parole Ad-
ministrator/Assistant Deputy Director, P&CSD through appropriate
staff. The facility's affected areas, programs, and operations shall be re-
turned to normal as soon as the institution head or Regional Parole Admi-
nistrator/Assistant Deputy Director, P&CSD, determines that it is safe to
do so. Upon termination of a state of emergency, the normal schedules
and time frames for administrative decisions and actions pertaining to af-
fected inmates will resume.
NOTE: Authority cited: Section 5058, Penal Code; and Section 1 11 52, Govern-
ment Code. Reference: Section 5054, Penal Code.
History
1. New section filed 3-22-78; effective thirtieth day thereafter (Register 78, No.
12).
2. Change without regulatory effect amending section and adding Notk filed
3-21-95 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 95, No. 12).
3. Amendment filed 10-16-97; operative 1 1-15-97 (Register 97, No. 42).
§ 3384. Administrative Visitation.
Wardens and superintendents or a designated staff member acting in
that capacity, the chief custodial officer, the chief medical officer, and
other administrative and management staff, will visit institution living
and activity areas at least weekly.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
16).
Article 2. Employees
§ 3390. Background Investigations.
(a) Background investigations on applicants for non-peace officer
classifications shall be limited to applicants applying for the following
classifications:
(1) Dentist.
(2) Chief dentist.
(3) Staff psychiatrist.
(4) Senior psychiatrist.
(5) Chief psychiatrist, correctional facility.
(6) Staff psychologist (counseling or clinical).
(7) Senior psychologist.
(8) Chief psychologist.
(9) Physician and surgeon.
(10) Chief physician and surgeon.
(11) Chief medical officer, correctional institution.
(12) Assistant superintendent, psychiatric services, correctional facil-
ity.
(13) Deputy superintendent, clinical services, correctional facility.
(14) Chief, medical services, correctional program.
(15) Correctional case records (complete series).
(b) Background investigation clearances are not required prior to ap-
pointment to classifications in (a) above.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section filed 11-30-93; operative 12-30-93 (Register 93, No. 49). For
prior history, see Register 85, No. 26).
§3391. Employee Conduct.
(a) Employees shall be alert, courteous, and professional in their deal-
ings with inmates, parolees, fellow employees, visitors and members of
the public. Inmates and parolees shall be addressed by their proper
names, and never by derogatory or slang reference. Prison numbers shall
be used only with names to summon inmates via public address systems.
Employees shall not use indecent, abusive, profane, or otherwise im-
proper language while on duty. Irresponsible or unethical conduct or
conduct reflecting discredit on themselves or the department, either on
or off duty, shall be avoided by all employees.
(b) An allegation by a non-inmate of misconduct by a departmental
peace officer as defined in section 3291(b), is a citizen's complaint pur-
suant to Penal Code section 832.5. Citizen's complaints alleging miscon-
duct of a departmental peace officer shall be filed within twelve months
of the alleged misconduct.
(c) Persons other than an inmate, parolee or staff who allege miscon-
duct of a departmental peace officer shall submit a written complaint to
the institution head or parole administrator of the area in which the peace
officer is employed.
(d) Citizens filing complaints alleging misconduct of a departmental
peace officer employed by this department are required to read and sign
the following statement:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT
AGAINST A POLICE OFFICER [this includes a departmental
peace officer] FOR ANY IMPROPER POLICE [or peace] OFFI-
CER CONDUCT. CALIFORNIA LAW REQUIRES THIS
AGENCY TO HAVE A PROCEDURE TO INVESTIGATE CITI-
ZEN'S [or inmates'/parolees'] COMPLAINTS. YOU HAVE A
RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCE-
DURE. THIS AGENCY MAY FIND AFTER AN INVESTIGA-
TION THAT THERE IS NOT ENOUGH EVIDENCE TO WAR-
RANT ACTION ON YOUR COMPLAINT; EVEN IF THAT IS
THE CASE, YOU HAVE THE RIGHT TO MAKE THE COM-
PLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE AN
OFFICER BEHAVED IMPROPERLY. CITIZEN [or inmate/paro-
lee] COMPLAINTS AND ANY REPORTS OR FINDINGS RE-
LATING TO COMPLAINTS MUST BE RETAINED BY THIS
AGENCY FOR AT LEAST FIVE YEARS.
NotE: Authority cited: Section 5058, Penal Code. Reference: Sections 148.6,
832.5, 5054 and 6250-6253, Penal Code; and Chaker v. Crof^an (9th Cir 2005),
428F.3d 1215.
History
1. Amendment filed 2-8-88; operative 3-9-88 (Register 88, No.7).
2. Editorial correction of History 1 (Register 96, No. 52).
3. Amendment of section heading, amendment adding new subsection (a) designa-
tor, renumbering and amendment of old subsections 3084.7(h)(2) and (h)(3) to
new subsections 3391 (b) and (c), new subsection (d), and amendment of Noxi;
filed 12-23-96 as an emergency; operative 12-23-96 (Register 96, No. 52).
Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be
transmitted to OAL by 6-2-97, or emergency language will be repealed by op-
eration of law on the following day.
4. Amendment of section heading, amendment adding new subsection (a) designa-
tor, renumbering and amendment of old subsections 3084.7(h)(2) and (h)(3) to
new subsections 3391(b) and (c), new subsection (d), and amendment of Noth
refiled 5-29-97 as an emergency; operative 6-2-97 (Register 97, No. 22). A
Certificate of Compliance must be transmitted to OAL by 9-30-97 or emergen-
cy language will be repealed by operation of law on the following day.
5. Editorial correction of History 4 (Register 97, No. 24).
6. Certificate of Compliance as to 5-29-97 order, including amendment of subsec-
tions (b) and (d), transmitted to OAL 9-25-97 and filed 1 1-7-97 (Register 97,
No. 45).
7. Amendment of subsection (d) and amendment of Noth filed 1 1-3-2006 as an
emergency; operative 11-3-2006 (Register 2006, No. 44). Pursuant to Penal
Code section 5058.3, a Certificate of Compliance must be transmitted to OAL
by 4-12-2007 or emergency language will be repealed by operation of law on
the following day.
8. Certificate of Compliance as to 11-3-2006 order transmitted to OAL
3-12-2007 and filed 4-19-2007 (Register 2007, No. 16).
§ 3392. Punctuality.
Employees must report for duty promptly at the time directed and not
leave work assignments before completion of their scheduled workday
or tour of duty, except with their supervisor's permission. If for any rea-
son an employee is unable to report for duty, the employee mu.sl notify
his or her supervisor at the earliest possible moment.
Comment: Former DR-5203, punctuality of employees.
Page 188.81
Register 2007, No. 18; 5-4-2007
§ 3393
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3393. Uniforms, Badges, and Insignia.
(a) All peace officer personnel shall wear uniforms and insignia as pre-
scribed by the director, unless specifically excepted by the warden, su-
perintendent, or regional parole administrator. Personnel shall not wear
a department uniform into any bar, tavern, gambling hall or night club,
except in the performance of assigned duties.
(b) Uniformed peace officer personnel shall wear the official depart-
ment badge as a standard item of uniform attire. Exceptions may be au-
thorized by the warden, superintendent, regional parole administrator, or
department division head to whom such employees report. All personnel
appointed to positions designated as peace officers in Section 3291 are
authorized to possess and carry an official Department of Corrections
badge. It is unlawful for any person, including a department employee
who is not a peace officer, to wear, exhibit or use the department badge
or a facsimile of the badge without specific authority to do so.
(c) All uniformed peace officer personnel shall wear a clearly dis-
played nameplate as a standard item of uniform attire. Any employees
having contact with inmates and the general public may also be required
to wear a nameplate while on duty, as determined by the warden, superin-
tendent, division head, or parole regional administrator to whom the em-
ployee reports.
NOTti: Authority cited: Section 5058, Penal Code. Reference: Section 830.10, Pe-
nal Code.
History
1. Amendment filed 7-29-76; effective thirtieth day thereafter (Register 76, No.
31).
2. Repealer of subsection (d) and new subsections (d), (e) and (f) filed 3-22-78;
effective thirtieth day thereafter (Register 78, No. 12).
3. Amendment of subsection (d), repealer of subsection (e) and amendment and
renumbering of subsection (f) to subsection (e) filed 8-22-79; effective thirtieth
day thereafter (Register 79, No. 34).
4. Amendment filed 2-16-88; operafive 3-17-88 (Register 88, No. 9).
5. Editorial correcuon of printing errors in subsections (b) and (c) (Register 92, No.
5).
§ 3394. Distractions.
Employees assigned to security post positions or to direct supervision
and control of inmates or parolees will not read, Hsten to a private radio,
or engage in any distracting amusement or activity while on assignment
except such authorized reading as may be required in the proper perform-
ance of their assigned duties.
Comment: Former DR-5205, reading or distraction while on duty.
§ 3395. Alertness.
Employees must not sleep or be less than alert and in full possession
of all faculties while on duty.
Comment: Former DR-5206, sleeping while on duty.
§ 3396. Address and Telephone.
Employees must promptly report any change in their address or tele-
phone number to their supervisor and to the personnel office. If an em-
ployee does not have a telephone, the employee must furnish his or her
supervisor and the personnel office with information on how the em-
ployee can be promptly reached.
Comment: Former DR-5207, change of address or telephone.
§ 3397. Emergencies.
Regardless of an employee's class of service, in an emergency any em-
ployee must perform any service, including custodial functions, if so di-
rected by the warden, superintendent or regional administrator or his or
her delegate. At any time an employee is contacted by telephone or is
otherwise informed of an emergency situation at the institution or facility
to which they are assigned, the employee must report without delay to the
officer-in-charge.
Comment: Former DR-5208, duty in an emergency.
§ 3398. Visiting.
Employees must not receive personal visits while on duty except with
the permission of the employee's supervisor.
Comment: Former DR-5209, visiting of employees.
§ 3399. Transactions.
Employees shall not directly or indirectly trade, barter, lend or other-
wise engage in any other personal transactions with any inmate, parolee
or person known by the employee to be a relative of an inmate or parolee.
Employees shall not, directly or indirectly give to or receive from any in-
mate, parolee or person known by the employee to be a relative of an in-
mate or parolee, anything in the nature of a tip, gift or promise of a gift.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 2541 and
5054, Penal Code.
History
1. Amendment filed 4-10-89; operative 5-10-89 (Register 89, No. 15).
2. Editorial connection of printing en^ors (Register 92, No. 5).
§ 3400. Familiarity.
Employees must not engage in undue familiarity with inmates, parol-
ees, or the family and friends of inmates or parolees. Whenever there is
reason for an employee to have personal contact or discussions with an
inmate or parolee or the family and friends of inmates and parolees, the
employee must maintain a helpful but professional attitude and demean-
or. Employees must not discuss their personal affairs with any inmate or
parolee.
Comment: Former DR-521 1, undue familiarity.
§ 3401 . Employee and Inmate/Parolee Relations.
(a) Except as provided in (e) below, employees shall not take, deliver
or otherwise transmit, either to or from any inmate or member of an in-
mate's family; any verbal or written message, document, item, article or
substance.
(b) Except as provided in (e) below, employees shall not contact, cor-
respond or otherwise communicate with any inmate, parolee or member
of an inmate's or parolee's family.
(c) If an employee is contacted by any inmate, parolee or member of
an inmate' s or parolee' s family, other than under circumstances specified
in (e) below, the employee shall immediately notify, in writing, the em-
ployee's institution head or deputy/assistant director.
(d) Any employee asked, coerced or otherwise contacted by any per-
son to transmit, take or relay any message, item or substance, either to or
from, any inmate, parolee or member of an inmate's or parolee's family,
by other than approved means or circumstances, shall immediately
notify, in writing, their institution head or deputy/assistant director.
(e) Exceptions to the above prohibitions are as follows:
(1) In the execution of their assigned duties, employees shall issue, or
receive from inmates any mail, packages, supplies and other items due
or permitted them according to department policy and local procedures.
(2) In the execution of their assigned duties, employees shall interact
with any inmate, parolee or member of an inmate's or parolee's family
as necessary.
(3) While off-duty, and only in accordance with this regulation, de-
partmental employees may conduct relationships with any inmate, parol-
ee or member of an inmate's or parolee's family who is either the em-
ployee's immediate family member, as defined in section 3000, or the
employee's aunt, uncle, niece, nephew, or first cousin.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Amendment of secfion heading and section, including renumbering and amend-
ment of former secfion 3403 to new subsections (b) and (c), and new Note filed
9-13-96 as an emergency; operative 9-13-96. A Certificate of Compliance
must be transmitted to OAL by 2-24-97 or emergency language will be re-
pealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 1 1-22-96
and filed 1-6-97 (Register 97, No. 2).
§ 3401 .5. Employee Sexual Misconduct.
(a) For the purposes of this section, sexual misconduct means any
sexual behavior by a departmental employee, volunteer, agent or individ-
ual working on behalf of the Department of Corrections which involves
or is directed toward an inmate or parolee. The legal concept of "consent"
does not exist between departmental staff and inmates/parolees; any
•
Page 188.82
Register 2007, No. 18; 5-4-2007
Title 15
Adult Institutions, Programs and Parole
§3406
sexual behavior between them constitutes sexual misconduct and shall
subject the employee to disciplinary action and/or to prosecution under
the law. Sexual misconduct includes, but is not limited to:
( 1 ) Inlluencing or offering to influence an inmate's/parolee's safety,
custody, housing, privileges, parole conditions or programming, or of-
fering goods or services, in exchange for sexual favors; or
(2) Threatening an inmate's/parolee's safety, custody, housing, privi-
leges, work detail, parole conditions or programming because the in-
mate/parolee has refused to engage in sexual behavior; or
(3) Engaging in sexual act(s) or contact, including:
(A) Sexual intercourse; or
(B) Sodomy; or
(C) Oral Copulation; or
(D) Penetration of genital or anal openings by a foreign object, sub-
stance, instrument or device for the purpose of sexual arousal, gratifica-
tion, or manipulation; or
(E) Rubbing or touching of the breasts or sexual organs of another or
of oneself, in the presence of and with knowledge of another, for the pur-
pose of sexual arousal, gratification, or manipulation; or
(F) Invasion of privacy, beyond that reasonably necessary to maintain
safety and security; or disrespectful, unduly familiar, or sexually threat-
ening comments directed to, or within the hearing of, an inmate/parolee.
(b) Penalties. All allegations of sexual misconduct shall be subject to
investigation, which may lead to disciplinary action and/or criminal pro-
secution.
(c) Reporting Requirements. Any employee who observes, or who re-
ceives information from any source concerning sexual misconduct, shall
immediately report the information or incident directly to the institution
head, unit supervisor, or highest-ranking official on duty, who shall then
immediately notify the Office of Internal Affairs. Failure to accurately
and promptly report any incident, information or facts which would lead
a reasonable person to believe sexual misconduct has occurred may sub-
ject the employee who failed to report it to disciplinary action.
(d) Confidentiality. Alleged victims who report criminal sexual mis-
conduct falling into one of the Penal Code secfion set forth in Govern-
ment Code Section 6254(f)(2) shall be advised that their identity may be
kept confidential pursuant to Penal Code Secfion 293.5, upon their re-
quest.
(e) Retaliafion Against Employees. Retaliatory measures against em-
ployees who report incidents of sexual misconduct shall not be tolerated
and shall result in disciplinary action and/or criminal prosecution. Such
retaliatory measures include, but are not limited to, unwarranted denials
of promotions, merit salary increases, training opportunities, or re-
quested transfers; involuntary transfer to another location/position as a
means of punishment; or unsubstantiated poor performance reports.
(f) Retaliation Against Inmates/Parolees. Retaliatory measures
against inmates/parolees who report incidents of sexual misconduct shall
not be tolerated and shall result in disciplinary action and/or criminal pro-
secution. Such retaliatory measures include, but are not limited to, coer-
cion, threats of punishment, or any other activities intended to discourage
or prevent an inmate/parolee from reporting sexual misconduct.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 289.6,
293.5 and 5054, Penal Code; and Section 6254, Government Code.
History
1 . New section filed 6-2 1-2000 as an emergency; operative 6-2 1-2000 (Register
2000, No. 25). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 1 1-28-2000 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-21-2000 order transmitted to OAL
10-5-2000 and filed 1 1-6-2000 (Register 2000, No. 45).
3. Amendment of subsection (d) and repealer of subsection (g) filed 3-20-2002;
operative 4-19-2002 (Register 2002. No. 12).
§ 3402. Central File.
(a) Within the scope of their assigned duties, employees are encour-
aged to consult an inmate's central file for assistance in better under-
standing the inmate. The contents of the inmate's file is private and privi-
leged information. It will not be discussed with other persons except as
is necessary for professional reasons, and will not be the subject of banter
between employees or between employees and the inmate to whom it
pertains or with other inmates. Information in an inmate's central file
may be confidential by law or for reasons relating to institution security
and the safety of persons. Such confidential or restricted information
must not be disclosed to persons who are not authorized by law and de-
partmental policy and procedures to receive such information.
(b) The central file of a parolee or an inmate may not be removed from
the parole region office or an institution without the prior knowledge and
approval of the supervising records officer who is responsible for the
control and maintenance of the file. Temporary transfer of a central file
to another agency for any reason also requires the prior approval of the
supervising records officer.
History
1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No.
9).
§ 3403. Communications.
History
1. Renumbering and amendment of former section 3403 to new subsections
3401 (b) and 3401 (c), and repealer of Comment filed 9-1 3-96 as an emergency;
operative 9-1 3-96. A Certificate of Compliance must be transmitted to OAL by
2-24-97 or emergency language will be repealed by operation of law on the fol-
lowing day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 1 1-22-96
and filed 1-6-97 (Register 97, No. 2).
§ 3404. Hiring of Ex-Offenders.
(a) The director's written approval is required for appointment of an
ex-offender.
(b) Ex-offenders shall not, without the director's written approval, be
assigned to areas which enable them to access:
(1) Employee records.
(2) Inmate personal or medical information.
(c) An ex-offender shall not be appointed to any position requiring a
background clearance until such clearance is received.
Note-. Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Former section 3404 renumbered to section 3404. 1 and new section filed
11-30-93; operative 12-30-93 (Register 93, No. 49).
§ 3404.1 . Approval of Ex-Offender Employees
Transactions.
Relationships involving business and financial transactions between
ex-offender employees and other employees shall require the advance
approval of each person's hiring authority and also of the regional parole
administrator with jurisdiction over any employee on parole.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Renumbering and amendment of former section 3404 to new section 3404.1
filed 1 1-30-93; operative 12-30-93 (Register 93, No. 49).
§ 3405. Legal Assistance to Inmates and Parolees.
Employees must not assist an inmate or parolee in the preparation of
any legal document, or give any form of legal advice or service, except
as specifically authorized by the warden, superintendent or regional ad-
ministrator. Employees should help inmates and parolees to find quali-
fied assistance for their legal problems.
Comment: Former DR-5216, petitions and writs.
§ 3406. Committed Relatives and Friends of Employees.
If an employee becomes aware that any relative or person with whom
the employee has or has had either a personal or business relationship,
has been committed to or transferred to the jurisdiction of the department,
the employee shall notify in writing, the employee's institution head or
deputy/assistant director.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Amendment of section heading and section, repealer of Comment, and new
Note filed 9-13-96 as an emergency; operative 9-13-96. A Certificate of
Page 188.83
Register 2007, No. 16; 4-20-2007
§3407
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Compliance must be transmitted to OAL by 2-24-97 or emergency language
will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 9-13-96 order transmitted to OAL 11-22-96
and filed 1-6-97 (Register 97. No. 2).
§ 3407. State Supplies.
Employees may not consume or use food or supplies purchased or pro-
duced for an inmate or parolee's use, except as required by the em-
ployee's assigned duties or as specifically approved by the warden or su-
perintendent or regional administrator.
Comment: Former DR-5218, use of state supplies.
§ 3408. Vehicles.
Employees must use state vehicles for official business only and as
specifically authorized by the warden, superintendent or regional admin-
istrator. Employees must not allow an inmate to drive a vehicle on a pub-
lic road, except in extreme emergency, and must report such instance to
the employee's supervisor immediately following the emergency.
Comment: Former DR-5219, use of vehicles.
§ 3409. Gratuities.
Employees must not solicit, accept or receive directly or indirectly,
any fee, commission, gratuity or gift from any person or business organi-
zation doing or seeking to do business with the state.
Comment: Former DR-5220, gifts or gratuities.
§ 341 0. Intoxicants and Drugs.
(a) Employees must not come upon the grounds of an institution or
community correctional facility or otherwise report for duty under the in-
fluence of intoxicants or drugs. Use of alcohol or drugs to the extent that
it interferes with job performance is grounds for dismissal from service.
(b) It is the duty of every employee to prompUy report to the warden,
superintendent, or regional administrator the presence of any person, in-
cluding an employee on duty, in any correctional facility who is or ap-
pears to be under the influence of intoxicants or drugs.
(c) Employees must not bring any kind of alcoholic beverage or any
kind of drugs upon the grounds of an institution, community correctional
center or camp unless specifically authorized to do so by the warden, su-
perintendent or regional administrator. Such authorization may be given
for medical or rehgious sacramental purposes, and for possession by em-
ployees who live in state-owned residences outside the security area for
their personal use within their assigned residences.
(d) Any employee obtaining for, or dehvering to an inmate or parolee
any alcoholic preparations of any kind, or a drug of any type, except as
specifically authorized by the warden, superintendent or regional admin-
istrator, will be subject to dismissal from service and to prosecution by
the district attorney.
Comment: Former DR-5221, use of intoxicants or drugs and
DR-5222, bringing intoxicants or drugs on institution grounds.
§ 341 1 . Reporting of Arrest or Conviction, Change in
Weapons or Driving Status.
If an employee is arrested or convicted of any violations of law, the
employee must prompfly notify the institution head or deputy/assistant
director of that fact. Misconduct which impairs an employee's ability to
do his or her job, or affects or involves the department may be cause for
disciplinary action. Suspension, revocation, or restrictions to an em-
ployee's driving privilege which prohibit the employee from performing
any of their job duties, shall be reported to the institution head or deputy/
assistant deputy director. An employee shall also report any change in
eligibility to own, possess and have custody/control of any firearm or
other weapon authorized by the department.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; and Sections 921, 922 and 926, Title 18, United States Code.
History
1 . Amendment of section heading and section and new Note filed 12-10-98; op-
erafive 1-9-99 (Register 98, No. 50).
§3412. Personal Firearms.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Secfion 5054, Penal
Code.
History
1 . Repealer filed 9-24-81 ; effective thirtieth day thereafter (Register 81, No. 39).
§3413. Incompatible Activity.
(a) Employees of the departinent shall not engage in any other employ-
ment or activity inconsistent or incompatible with employment by the de-
partment. Conduct deemed to fall in such categories includes, but is not
limited to the following:
( 1 ) Using the prestige or influence of the state or the department for
private gain or advantage.
(2) Employment or participation in any activity of an illegal nature.
(3) Any employment or other activity which will prevent the employee
froin doing his or her job as an employee of the department in an efficient
and capable manner, or represents a potential conflict of interest or the
appearance of a conflict of interest with his or her job.
(4) Employment which will prevent a prompt response to a call to re-
poil to duty in an emergency or when otherwise required to be present by
his or her supervisor or the warden or superintendent.
(5) Using for private gain the fime, facilides, equipment or supplies of
the state.
(6) Using workgroup computer technologies to do any of the follow-
ing:
(A) Publish, display, or transmit information that:
1 . Violates or infringes on the rights of other persons, including the
right of privacy.
2. Contains defamatory, intentionally false, obscene, pornographic,
profane, sexually harassing, threatening, racially offensive, or other un-
lawfully discriminatory material.
3. Encourages the use of controlled substances.
(B) Conduct activiues not related to the mission or work tasks of the
department.
(C) Solicit the performance of acdvities prohibited by law.
(D) Transmit material, information, or software in violation of depart-
mental policies, or local. State, or Federal Law.
(E) Conduct electioneering or engage in political acdvides.
(F) Engage in non-government related fund raising or public reladons
acdvides.
(G) Conduct personal business activides or acdvities for personal
monetary gain.
(H) Purchase or sell unauthorized goods or services.
(7) Providing confidendal informadon to persons to whom issuance
of such informadon has not been authorized, or using such informadon
for private gain or advantage.
(8) Receiving or accepting money or any other consideradon from
anyone other than the state for performance of an act which the employee
would be required or expected to render in the regular course or hours of
his or her employment, or as a part of his or her dudes as a state employee.
(9) Receiving or accepdng, directly or indirecdy, any gift, including
money, any service, gratuity, favor, entertainment, hospitality, loan, or
any other thing of value, from anyone who is doing or is seeking to do
business of any kind with the state or whose acdvides are regulated or
controlled in anyway by the state, under circumstances from which it rea-
sonably could be inferred that the gift was intended as a reward or for the
purpose of influencing any official acdon on the employee's part.
(10) Consulting or testifying as a specialist or an expert witness, based
on expertise gained in the course of their dudes, in any administradve,
civil, or criminal acdon without having given reasonable nodce, as de-
fined in secdon 3413(a)(lO)(A), to the chief deputy general counsel of
the office of legal affairs.
(A) An employee who is contacted by a fellow employee and/or their
representative and/or attorney regarding ongoing or andcipated adminis-
trative, civil, or criminal proceedings for the purpose of eliciting expert
tesdmony, as defined in Evidence Code secdon 720, shall, within one
business day, notify in wridng the chief deputy general counsel of the of-
fice of legal affairs. The written notification shall include all relevant in-
formadon concerning the contact and a synopsis of the employee's andc-
ipated tesdmony. The employee whose tesdmony is sought shall also
forward any subpoena served upon them within one business day of ser-
vice.
Page 188.84
Register 2007, No. 16; 4-20-2007
Title 15
Adult Institutions, Programs and Parole
§ 3422
(B) Tlie chief deputy general counsel or designee retains the discretion
to seek to quash the subpoena on any substantive or procedural grounds
before the judicial body through whose authority the subpoena was is-
sued.
(C) This subsection shall not apply when an employee has been re-
quested to testify regarding an event or transaction which he or she has
perceived or investigated in the course of his or her duties or when an em-
ployee has been requested to testify as an expert witness by the depart-
ment.
(b) Before engaging in any outside employment, activity or enterprise,
including self-employment, the employee must submit a statement to his
or her division administrator or to the warden or superintendent, naming
the prospective employer, if any, the employer's address and phone num-
ber, and an outline of the proposed duties or activities. This must be in
sufficient detail to enable the division administrator or the warden or su-
perintendent to determine whether the proposed activity falls in the pro-
hibited class. The division administrator or the warden or superintendent
must notify the employee of findings.
(c) Violation of these provisions may result in disciplinary actions up
to and including termination of employment with the department or civil
action. Criminal prosecution may result from conduct which violates Pe-
nal Code Section 502.
NOTE: Authority cited: Section 5038, Penal Code. Reference: Section 19572,
Government Code; and Section 5054, Penal Code.
History
1 . New subsections (a)(7)-(a)(7)(H), subsection renumbering, new subsection (c),
repealer of Comment, and new Noth filed 2-7-97 as an emergency; operative
2-7-97 (Register 97, No. 6). Pursuant to Penal Code section 5058(e), a Certifi-
cate of Compliance must be transmitted to OAL by 7-17-97 or emergency lan-
guage will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-7-97 order transmitted to OAL 5-7-97 and
filed 6-16-97 (Register 97, No. 25).
3. New subsection (a)(l 1) filed 12-8-99; operative 1-7-2000 (Register 99, No.
50).
4. Amendment filed 12-19-2006; operative 12-19-2006 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 51).
§ 341 3.1 . Compensation for Witnesses.
(a) Pursuant to Government Code section 68097.2(a). any state em-
ployee who is obliged by a subpoena to attend as a witness before any
court or other tribunal in any civil action or proceeding in connection
with a matter, event, or transaction which they have expertise gained in
the course of their duties, shall receive the salary or other compensation
to which they are normally entitled from the department during the time
the employee travels to and from the place where the court or other tribu-
nal is located and while they are required to remain at the place pursuant
to the subpoena. The employee shall also receive from the department the
actual necessary and reasonable traveling expenses incurred in comply-
ing with the subpoena.
(b) Pursuant to Government Code section 68097.2(b). the department
shall require:
( 1 ) The amount of one hundred fifty dollars ($150), to accompany the
subpoena upon delivery to the person accepting the subpoena for each
day that the state employee is required to remain in attendance pursuant
to the subpoena. This amount shall be in the form of a check or money
order made payable to the California Department of Corrections and Re-
habilitation.
(2) The party at whose request the subpoena is issued to reimburse the
department for the full cost incurred in paying the state employee their
salary or other compensation and traveling expenses for each day that the
employee is required to remain in attendance pursuant to the subpoena.
(c) Any employee who meets the requirements of subsection (a) shall
submit to their immediate supervisor an itemized travel expense claim
within two business days following his or her testimony.
(d) Any employee who is subpoenaed to testify as to what they wit-
nessed, not for their expertise gained in the course of their employment
with the department and received witness fees pursuant to Government
Code section 68093, shall rehnquish those fees to the department if the
employee has been on pay status during the duration of their testimony.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 19572.
68093, 68097.1, 68097.2(a) and (b) Government Code; Section 5054, Penal Code:
Title 2, Division 5, Section 18674; and Fox v. Slate Personnel Board (1996) 49
Cal.App.4th 1034.
History
1 . New section filed 12-19-2006; operative 12-19-2006 pursuant to Government
Code section 11 343 .4 (Register 2006, No. 51).
§3414. Identification Card.
Every employee will be issued a departmental identification card. Em-
ployees inust, while on duty, carry such card upon their person and pro-
duce the card upon request. An employee must promptly report the loss
of his or her identification card to the warden or superintendent or region-
al administrator.
Comment: Former DR-5226. employee identification card.
§ 3415. Employees of Other Agencies.
Persons who are not employed by the Department of Corrections, but
who are assigned to or engaged in work at any department facility must
observe all rules, regulations and laws governing the conduct of em-
ployees at that facility. Failure to do so may lead to exclusion from de-
partment facilities.
Comment: Former DR-5227. employees of other agencies.
§ 341 6. Conflict of Interest Code.
NOTE; Authority cited: Sections 87300 and 87302. Government Code; and Sec-
tion 5058, Penal Code. Reference: Section 87300 and 87302, Government Code;
and Section 5054, Penal Code.
History
1. New section filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34). For prior history, see Register 77, No. 27.
2. Repealer and new section (including Appendix) filed 2-26-81; effective thir-
tieth day thereafter. Approved by Fair Political Practices Commission 1 2-1-80
(Register 81, No. 9).
3. 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).
4. New section filed 3-31-87; effecfive thirtieth day thereafter. Approved by Fair
Polidcal Pracdces Commission 3-9-87 (Register 87, No. 14).
5. Editorial correction of printing errors in Appendices A and B (Register 92, No.
5).
6. Repealer of section and appendices A and B filed 7-12-2006; operative
8-1 1-2006. Approved by Fair Polidcal Practices Commission 5-24-2006
(Register 2006. No. 28).
Article 3. Employee Services
§ 3420. General Policy.
The only services to be supplied to employees are those officially es-
tablished by the warden or superintendent and equally available to all em-
ployees.
Comment: Former DP-5301, policy, general.
§ 3421 . Employee Associations.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 3422. Institution Services.
Subject to the limitations of the law, institutions of the department may
furnish to employees, for the convenience of the state, the following ser-
vices. These services are rendered at the employee's own risk. The insti-
tution and the department cannot assume any liability for loss, damage,
or destruction of the employee's property:
(a) House and room rentals.
(b) Electricity, water, gas and ice, for employees living on institutional
grounds.
(c) Minor household repairs to furniture and appliances.
(d) Firewood from salvage operations only.
(e) Meals at employees' dining rooms.
(0 Laundry and dry cleaning.
(g) Shoe and saddle repair.
(h) Barber shop services.
(i) Beauty shop services.
Comment: Former DP-5303, services furnished by institutions.
Page 188.85
Register 2007, No. 16; 4-20-2007
§3423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3423. Operational Plans.
Subject to all applicable law and the approval of the director, wardens,
superintendents and regional administrators will establish procedures to
govern the operation and use of such services as are made available to
employees. Institutional operational plans may provide for services such
as laundry, dry cleaning and shoe repair for employees and for dependent
members of the employee's family who reside with the employee. How-
ever, no service will be provided to nonemployees which requires their
physical presence, except that, when accompanied by an employee, non-
employees may use the services of the employees' dining room and
snack bar.
Comment: Former DP-5304, institution regulations to be established
for employee services.
§ 3424. State Products.
The direct sale or disposal to an employee of any article, materials, or
supplies owned, produced, or manufactured by the department is prohib-
ited except where specifically authorized by law.
Comment: Former DP-5305, sale of institution products.
§ 3425. Gifts, Tips.
No gift, tip or reward will be offered by an employee or be accepted
for or by an inmate.
Comment: Former DP-5036, tips, gifts, or rewards.
§ 3426. Employee Early Intervention Program.
(a) The Early Intervention Program (EIP) is a voluntary employee
benefit available to all departmental employees, who have sustained an
industrial injury/illness. The EIP is designed to provide employees with
information regarding the assessment and processing of qualified indus-
trial injury/illness claims, as referenced in subdivision (b), and the avail-
able choices regarding benefit options and compensability. The Office
of Environmental Health and Safety (OEHS), within the Department,
shall administer the EIP.
(b) All employees who have sustained the following qualified injury/
illness shall be eligible for an Early Intervention Counselor (EIC) visit,
as referenced in (d)(4):
(1) Psychological stress;
(2) Stress-related injuries, including but not limited to, hypertension,
cardiac, gastrointestinal; or
(3) Trauma-induced stress, including but not limited to, assault, blood
borne pathogen exposure or infectious disease exposure.
(c) All employees with a claimed injury /illness who have an actual or
anticipated long-term disability of thirty (30) days or more, or who have
an undeterminable or disputed injury shall be eligible for EIC.
(d) Definitions.
(1) Adjusting Agency, means the entity, under a State of California In-
teragency Agreement with the State Department of Personnel Adminis-
tration that administers workers' compensations claims on behalf of the
Department.
(2) Early Intervention Selection Committee (EISC) means a local
committee at the institution(s) comprised of the Director's representa-
tives in a number equal to the number of Employee Representative
Associations who bargain with the Department on behalf of employee
bargaining units, one representative from each of those Associations, and
a non-voting chairperson.
(3) Agreed Medical Panel Doctor (AMPD), means a Physician as de-
fined in Labor Code 3209.3, or a Physician holding a valid license to
practice medicine in an adjoining state when services will be rendered in
that state, who is authorized by the EISC to provide evaluations and treat-
ment within the scope of the EIP.
(4) Early Intervention Counselor (EIC), means an independent, non-
departmental employee, authorized by the EISC, who provides informa-
tion to qualified injured/ill employees regarding workers' compensation
and other employee entitlement benefit options.
(5) Retum-to-Work Coordinator (RTWC) means a State employee
who is the Department's local representative, entrusted with the respon-
sibility of coordinating the EIP at the local level. The RTWC shall be the
chairperson of the EISC.
(e) The EIP shall:
( 1 ) Provide for a qualified injured/ill employee to receive an initial
EIC visit, regarding workers' compensation benefit options and other en-
titlement benefits when referred by the RTWC.
(2) Provide for a qualified injured/ill employee to be referred to an
AMPD by the RTWC regarding disputed compensability claims.
(3) Ensure all employee medical and personnel records are kept confi-
dential at all times.
(f) The EISC shall:
(1) Review resumes of qualificaUons, as referenced in (g)(1), and au-
thorize individuals to provide EIC services within the scope of the EIP
for a term of three (3) years;
(2) Review and investigate any verbal or written complaint filed
against an EIC, within 1 20 days of receipt;
(3) Issue a written statement within 30 days of completion of the re-
view to the complainant if complaint is found to be invalid;
(4) Issue a written Notice of Decision via Certified U.S. Mail within
30 days of completion of the review if the complaint is found to have mer-
it. The Notice shall include:
(A) A written statement of charges addressing complaint; and
(B) A written statement informing the EIC of his or her right to appeal
within 30 days of mailing of the Nofice of Decision; and
(C) A written corrective action order. For purposes of this section, a
corrective action order may include, but is not limited to, a written nodce
to the EIC to provide an explanation of inaccurate EIP information pro-
vided to the employee; or a written notice to correct any inaccurate billing
statement; or a written notice to cease any unprofessional conduct during
the course of an EIC visit. The written corrective acfion order shall in-
clude a time frame during which the matter must be corrected, and a
means by which the EIC must notify the EISC of the required corrections;
or
(D) A written statement of Intent to Revoke Authorization to provide
EIC services.
(5 ) Conduct a meeting to hear an appeal within 60 days of a request by
the EIC, giving the EIC an opportunity to present a defense to any com-
plaint prior to revoking the EIC's authority to provide EIP services.
(6) Make a final determinafion within 14 days of the appeal, either sus-
taining, modifying or revoking the Decision after an appeal is heard. The
authorization of an EIC to provide services shall be revoked if it is deter-
mined that the following has occurred:
(A ) Upon investigation of a serious complaint filed against the EIC,
the complaint is found to have merit by the EISC. For the purposes of this
section, a serious complaint means an alleged crime or act performed by
an EIC. which includes but not limited to those involving theft, fraud, fis-
cal dishonesty, or sexual misconduct.
(B) The EIC fails to notify the EISC by written statement certifying
charges set forth in the corrective action order have been corrected;
(C) The EISC determines inadequate EIC performance due to neglect
of duty, misconduct, or illegal or unprofessional conduct.
(D) The EIC fails to appeal the complaint within the 30-day appeal
process.
(7) Issue a written Final Decision to the EIC via Certified U.S. Mail.
(8) Base decisions on a simple majority of the members in attendance.
The decision of the EISC is final and is not appealable beyond the 30-day
appeal process.
(g) The EIC shall:
( 1 ) Submit a resume of qualifications to the RTWC, including, but not
limited to, a demonstration of knowledge and experience regarding
worker's compensation laws and other employee entitlement benefits;
(2) Respond within seven (7) working days of receipt of a referral by
the local RTWC and shall:
(A) Contact the injured/ill employee by telephone at the number pro-
vided by the RTWC, or contact the injured/ill employee by Certified U.S.
Mail;
Page 188.86
Register 2007, No. 16; 4-20-2007
Title 15
Adult Institutions, Programs and Parole
§3426
(B) Inform the employee about the EIP; and
(C) Schedule an EIC visit, if requested by the employee.
(3) Notify the local RTWC of the scheduled visit with the injured/ill
employee within three (3) working days of contact with the employee,
if the employee requests an EIC visit;
(4) Explain all benefit options to injured/ill employee during the EIC
visit;
(5) Obtain prior approval from the local RTWC for additional tele-
phone calls or visits to the injured/ill employee;
(6) Attend training, if requested, by the OEHS;
(7) Submit billings for early intervention services to the RTWC in ac-
cordance with the following:
(A) All billings for casework provided are to be itemized in tenths of
an hour.
(B) All EIC visits and casework provided are to be billed at the Profes-
sional Hourly Rate of $65.
1. Billable costs include, but are not limited to, initial file review;
scheduling contact with employee; contact with employee; meeting with
employee; assessment of employee needs; counseling; and guidance.
Any file review or consultation with the employee that exceeds two (2)
hours shall include a report providing documentation in support of the
need for the extended time.
2. Non-billable costs include, but are not limited to, postage, clerical
services, photocopies, in-house waiting time, attempted telephone con-
tacts, and in-house staffing.
(C) All reimbursement for mileage are to be billed at the travel rate of
$32.50 per hour and $0.31 per mile.
(h) The EIC shall not have access to an employee's confidential medi-
cal and personnel records.
(i) The AMPD shall provide medical, psychological, and psychiatric
treatment under Labor Code 4600, and provide written opinions or evalu-
ations to assist in decisions regarding compensability pursuant to CCR,
Title 8, Section 9785, at the request of the RTWC.
0") The RTWC shall:
( 1 ) Serve as local EIP coordinator;
(2) Coordinate local EISC meetings at the institution(s) and participate
as a non-voting chairperson;
(3) Refer the qualified injured/ill employee to an EIC within three (3)
working days of knowledge of the employee's EIP eligibility;
(4) Review, authorize, and forward itemized billings submitted by the
EIC for payment to the Adjusting Agency; and
(5) Maintain a log of injured/ill worker EIC referrals and submit to the
OEHS by the 1 0th of every month.
(k) The Adjusting Agency shall:
(1) Compile reports and statistical data as requested by the Depart-
ment;
(2) Refer departmental injured/ill employees to a Physician for any
addifional medical, psychological, and psychiatric evaluations as needed
to determine compensability for disputed claims; and
(3) Pay itemized bills for EIP services submitted by the RTWC.
NOTE: Authority cited: Sections 5058 and 5058.3, Penal Code; and Section 3214,
Labor Code. Reference: Section 5054, Penal Code; Sections 139.2, 3209.3. 3214,
4600 and 5307.1, Labor Code; CCR, Title 2, Section 714; CCR, Title 8, Sections
[The next page is 188.87.
Page 188.86(a)
Register 2007, No. 16; 4-20-2007
Title 15
Adult Institutions, Programs and Parole
§ 3450
')1^5. 10132 and 10132.1;CCR,Tille 15, Div. 3, Section 3434; Section 8547.2(b),
Government Code; and State of California, Interaeency Agreement, A9450207,
AM-IV.
History
1. New section filed 8-19-2002; operative 9-18-2002 (Register 2002, No. 34).
2. Amendment of subsections (d)(2), (d)(5) and (j)(2) and amendment of NoTt-:
tiled 1-27-2004 as an emergency; operative 1-27-2004 (Register 2004, No. 5).
Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be
transmitted to OAL by 7-6-2004 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance as to 1 -27-2004 order transmitted to OAL 4-7-2004
and filed 5-18-2004 (Register 2004, No. 21).
Article 4. General Personnel Regulations
§ 3430. General Policy.
To successfully meet the challenges and discharge the responsibilities
of the department, each institution and parole region, requires a skilled
and dedicated staff of employees, working in close cooperation with a
high degree of morale. The department will encourage a high esprit de
corps by enabling employees to improve their skills through training, by
constant effort to make working conditions safe and pleasant, and by pro-
tecting the rights and privileges of employees under civil service laws
and rules. Full information regarding rights and responsibilities of em-
ployees under civil service may be found at institution personnel offices,
the personnel office of the Parole and Community Services Division, the
departmental personnel office, and the offices of the State Personnel
Board.
Comment: Former DP-5401, policy, general.
§3431. Civil Service.
History
1 . 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).
§ 3432. Hours of Employment.
Hours of employment will be in accordance with state civil service
rules. The wardens, superintendents and regional administrators, with
the approval of the director, will determine the hours of employment for
all employees under their jurisdiction.
Comment: Former DP-5403, hours of employment.
§ 3433. Vacations.
Employee vacations will be granted at times convenient to the institu-
tion, departmental division, and parole region, subject to the approval of
the warden, superintendent or regional administrator.
Comment: Former DP-5404, vacations.
§ 3434. Grievances.
All employees have the right to appeal to the director from any griev-
ance relating to their employment with the department. Such grievances
must be submitted through the departmental grievance procedure. This
in no way interferes with the right of a civil service employee to appeal
or otherwise contest actions as provided by law, the State Personnel
Board, or civil service regulations.
Comment: Former DP-5405, grievances.
§ 3435. In-Service Training.
All new employees will be given prescribed orientation training upon
the commencement of their employment. All employees are required to
participate in the in-service training program as directed. When work
schedules permit, employees may attend in-service training classes on
state time during their regular working hours.
Comment: Former DP-5406, in-service training.
§ 3436. Limited Term Light Duty Assignments.
(a) The Hiring Authority may utilize Limited Term Light Duty assign-
ments to allow employees with documented medical limitations to work.
The Hiring Authority shall place the employee in a vacant budgeted posi-
tion within the employee's bargaining unit, or allow the employee to con-
tinue working in their current position, while temporarily waiving the es-
sential functions of the job.
(b) No position will be permanently identified as a "light duty" posi-
tion. Limited Term Light Duty for any one employee shall not extend be-
yond 60 days in a 6-month period for any medical condition(s). In addi-
tion. Limited Term Light Duty shall only be offered for the duration of
the vacant budgeted position (not to exceed 60 days).
NOTE; Authority cited: Sections 5054, 5058 and 5058.3, Penal Code. Reference:
Section 5058, Penal Code.
History
1. New section filed 1-31-2005 as an emergency; operative 1-31-2005 (Register
2005, No. 5). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by 7-1 1-2005 or emergency language will
be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-31-2005 order, including amendment of sec-
tion, transmitted to OAL 6-21-2005 and filed 8-3-2005 (Register 2005, No.
31).
§ 3439. Research.
NOTE: Authority cited: Sections 3509.5, 3517 and 5058, Penal Code. Reference:
Sections 3500 through 3524 and 5054, Penal Code.
History
1. New section filed 4-7-95; operafive 5-8-95 (Register 95, No. 14).
2. Change without regulatory effect renumbering former section 3439 to new sec-
tion 3369.5 filed 8-1-96 pursuant to section 1 00, fitle 1 , California Code of Reg-
ulations (Register 96, No. 31).
Article 5. Camp Regulations
§ 3440. Officer-in-Charge.
History
1 . Repealer of article 5 (sections 3440-3444) and secfion filed 10-27-93; opera-
tive 1 1-26-93 (Register 93, No. 44).
§ 3441 . Camp Counts.
History
1. Repealer filed 10-27-93; operative 1 1-26-93 (Register 93, No. 44).
§ 3442. Camp Log.
History
1. Repealer filed 10-27-93; operative 1 1-26-93 (Register 93, No. 44).
§ 3443. Transporting Inmates.
History
1. Repealer filed 10-27-93; operative 11-26-93 (Register 93, No. 44).
§ 3444. Escorting Inmates.
History
1 . Renumbering and amendment of former section 3444 to section 301 5(c) and re-
pealer of former section 3444 filed 1 0-27-93; operafive 1 1-26-93 (Register 93,
No. 44).
Article 6. Information Practices
§ 3450. Personal Information Record Access and
Amendment.
(a) Any person on whom the department maintains a record or file con-
taining personal information has the right to inspect their record or autho-
rize any person to inspect such records on their behalf and to request
amendment to correct outdated, inaccurate or incomplete information.
( 1 ) Requests to inspect a record shall be submitted in writing to the of-
fice or official responsible for maintaining the record.
(2) Requests to amend a record or file shall be submitted in writing,
including documentary evidence to support the proposed amendment, to
the source of the contested information, or if the source is not available,
to the office or official responsible for maintaining the record.
(b) The denial of a request to amend information may be appealed in
writing first to the institution head or headquarters' division head and
then to the director, and shall include all documentation pertaining to the
requested amendment. Inmates and parolees may appeal the denial of a
request using the inmate/parolee appeal process established in these reg-
ulations.
(c) When an individual's appeal of the request decision is denied, they
may submit to the office or official responsible for maintaining the record
a statement of disagreement for placement in the record or file. The state-
Page 188.87
Register 2006, No. 49; 12-8-2006
§3451
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
ment shall normally be limited to three pages and shall remain a part of
the record for as long as the disputed information is retained.
(d) No inmate or parolee shall prepare, handle, or destroy any portion
of a departmental record containing confidential information as that term
is defined in Section 3321.
(e) No inmate or parolee shall prepare, handle, or destroy any portion
of a departmental record containing personal information except:
(1) As provided for in Section 3041(e), or
(2) Their copies of such records provided to them by the Department.
NOTfi; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code: and Section 1798.20, Civil Code.
History
1. Repealer of article 6 (sections 3450-3459) and new article 6 (secUons
3450-3453) filed 8-22-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Repealer and new section filed 1 1-9-92; operadve 12-9-92 (Register 92, No.
46).
3. Amendment of subsection (d) and new subsections (e)-(e)(2) filed 2-22-95;
operative 3-24-95 (Register 95, No. 8).
§ 3451 . Methadone Patient Consent for Disclosure.
A methadone patient's written consent to disclosure of their personal
or confidential information shall not be revokable until the treatment pe-
riod for which it was given has concluded or 60 days after signing of the
consent, whichever is greater.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Repealer and new section filed 1 1-9-92; operative 12-9-92 (Register 92, No.
46).
§ 3452. Access and Amendment of Records.
NotE: Authority cited: Section 5058, Penal Code. Reference: Sections
1798.30-1798.42, Civil Code.
History
1. Repealer filed 1 1-9-92; operative 12-9-92 (Register 92, No. 46).
§ 3453. Notice.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 1798.17,
Civil Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
Article 7. Selection of Professional
Consulting Services
§ 3454. Selection of Professional Consulting Services.
(a) The services of private architectural, engineering and other firms,
as defined in Section 4525(a) of the Government Code, shall be secured
on the basis of demonstrated competence and on the professional qualifi-
cations necessary for the satisfactory performance of the services re-
quired.
NOTE: Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and Section 4525
et seq.. Government Code.
History
1 . New Article 7 (secfions 3454-3463) filed 7-12-82; effective thirtieth day there-
after (Register 82, No. 29).
2. Change without regulatory effect amending section filed 10-29-90 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 6).
3. Editorial correction of printing error misstating section title (Register 91, No.
11).
4. Editorial correction of printing error in History 1. (Register 92, No. 5).
5. Amendment of subsection (a), repealer of subsection (b), and amendment of
Note filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
6. Amendment of article heading and section heading filed 7-12-2002; operative
8-11-2002 (Register 2002, No. 28).
§ 3455. Definitions.
NotB; Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and Section 4525
et seq., GovemmenI Code.
History
1. Editorial conection filed 2-19-85 (Register 85, No. 8).
2. Change without regulatory effect repealing section filed 10-29-90 pursuant to
secfion 100. title 1, California Code of Regulations (Register 91. No. 6).
3. Amendment of NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
§ 3456. Procuring Services.
(a) Notice of Announcement. Where services subject to this article are
identified, a statewide notice of announcement shall be made by the di-
rector, or designee, through publications of the respective professional
societies.
(b) The notice of announcement shall also be advertised in two major
California daily newspapers and in the California State Contracts Regis-
ter.
(c) Failure of the professional societies or newspapers to publish the
notice of announcement shall not operate to invalidate any contract.
(d) Firms selected may be retained for one year or longer, if needed to
complete the services.
(e) The announcement in the California State Contracts Register shall
include information as identified in Section 14825. 1 , Government Code.
(f) All announcements in professional societies or newspapers shall
contain the following minimal information:
( 1 ) The nature of the work;
(2) The criteria upon which the award shall be made; and,
(3) The time within which statements of interest, qualification and per-
formance data will be received.
NOTE: Authority cited: Section 5058, Penal Code; and Sections 4526 and 4527,
Government Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and
Secdon 14825.1, Government Code.
History
1. Amendment of section and NOTE filed 9-8-97; operative 10-8-97 (Register
97, No. 37).
2. Amendment of subsections (a) and (d) and amendment of Note filed
7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
§3457. Establish Criteria.
The director, or designee, shall establish criteria which will comprise
the basis for selection which shall include such factors as professional ex-
cellence, demonstrated competence, specialized experience of the firm,
education and experience of key personnel, specialized staff capability,
workload, ability to meet schedules and budgets, principals to be as-
signed, nature and quality of completed work, reliability and continuity
of the firm, location, professional awards and other considerations
deemed relevant. Such factors shall be weighted by the director, or desig-
nee, according to the nature of the work to be performed, the needs o the
state and complexity and special requirements of the specific work.
NOTE: Authority cited: Section 5058, Penal Code; and Secfion 4526, Government
Code. Reference: SecUons 5054 and 7000 et seq.. Penal Code; and Sections 4526
and 4527, Government Code.
History
1. Amendment of section and NOTE filed 9-8-97; operative 10-8-97 (Register
97, No. 37).
2. Amendment filed 7-12-2002; operative 8-11-2002 (Register 2002, No. 28).
§ 3458. Selection of Architects or Engineers.
After expiration of the period stated in the publications, the director,
or designee, shall evaluate statements of qualifications and performance
data submitted by interested firms and on file in the department. The di-
rector, or designee, shall conduct discussions with no less than three
firms regarding anticipated concepts and the relafive utility of alternative
methods of approach for furnishing the required service. From the firms
with which the director, or designee, holds discussions, the director, or
designee, shall select no less than three, in order of preference, based
upon the established criteria, whom the director, or designee, deems to
be the most highly qualified to provide the services required. In the event
there are fewer than three qualifying submittals, the director, or designee,
Page 188.88
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3475
will make a finding as to whether it is in the best interest of the state to
proceed or re-advertise.
NOTi;; Auttiority cited: Section 5058. Penal Code: and Section 4526. Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code: and Sections 4526
and 4527, Government Code.
Hlstory
1. Amendment of NOTti filed 9-8-97; operative 10-8-97 (Register 97. No. 37).
2. Amendment filed 7-12-2002: operative 8-1 1-2002 (Register 2002, No. 28).
§ 3459. Estimate of Value of Services.
Before any discussion with any firm concerning fees, the director, or
designee, shall cause an estimate of the value of such services to be pre-
pared. Such estimate shall be. and remain, confidential unfil award of
contract or abandonment of any further procedure for the services to
which it relates.
NOTi;: Authority cited: Section 5058. Penal Code: and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code: and Sections 4526
and 4527, Government Code.
History
1. Amendment of NOTIi filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
§ 3460. Negotiation.
The director, or designee, shall attempt to negotiate a contract with the
best qualified firm. Should the director, or designee, be unable to negoti-
ate a satisfactory contract with the firm considered to be the most quali-
fied at fair and reasonable compensation, negotiafions with that firm shall
be terminated. The director, or designee, shall then undertake negoti-
ations with the second most qualified firm. Failing accord, negotiations
shall be terminated. The director shall then undertake negofiations with
the third most qualified firm. Failing accord, negofiaUons shall be termi-
nated. Should the director be unable to negofiate a satisfactory contract
with any of the selected firms, the director, or designee, may select addi-
tional firms in order of their competence and qualifications and continue
negotiations in the manner prescribed unUl an agreement is reached.
Note: Authority cited: Section 5058. Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and Sections 4526
and 4527, Government Code.
History
1. Amendment of NOTE filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment filed 7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
§3461. Amendments.
In instances where the state effects a necessary change in the work dur-
ing the course of performance of the contract, the firm's compensation
may be adjusted by mutual written agreement in a reasonable amount
where the amount of work to be performed by the firm is changed from
that which existed previously in the contemplation of the parties.
Note: Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and Sections 4526
and 4527, Government Code.
History
1. Amendment of section and NOTE filed 9-8-97; operative 10-8-97 (Register
97, No. 37).
§ 3462. Contracting In Phases.
Should the director, or designee, determine that it is necessary or desir-
able to have the work performed in phases, it will not be necessary to ne-
gotiate the total contract price in the initial instance, provided that the di-
rector, or designee, shall have determined that the firm is best qualified
to perform the work at reasonable cost, and the contract contains provi-
sions that the state, at its option, may utilize the firm for other phases and
the firm will accept a fair and reasonable price for subsequent phases to
be later negotiated, mutually-agreed upon and reflected in a subsequent
written instrument. The procedure with regard to esfimates and negoti-
ation shall otherwise be appUcable.
NoTE: Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code; and Sections 4526
and 4527, Government Code.
History
1. Amendment of .section and NOTE filed 9-8-97; operative 10-8-97 (Register
97, No. 37).
2. Amendment filed 7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
§ 3463. Small Business Participants.
The director, or designee, shall endeavor to provide to all small busi-
ness firms who have indicated an interest in receiving such, a copy of
each announcement for services for which the director, or designee, con-
cludes that small business firms could be especially qualified. The direc-
tor, or designee, shall assist firms in attempdng to qualify for small busi-
ness status. A failure of the director, or designee, to send a copy of an
announcement to any firm shall not operate to invalidate any contract.
NOTE: Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Sections 5054 and 7000 et seq.. Penal Code: and Sections 4526
and 4527, Government Code.
History
1. Amendment of section and NOTE filed 9-8-97; operative 10-8-97 (Register
97, No. 37).
2. Amendment filed 7-12-2002; operative 8-1 1-2002 (Register 2002, No. 28).
§ 3464. Applicability of this Article.
This Article shall not apply where the director, or designee, determines
that:
(a) The services needed are more of a technical nature, and
(b) The services needed involve little professional judgement; and
(c) Requiring bids would be in the public interest.
NOTE; Authority cited: Section 5058, Penal Code; and Section 4526, Government
Code. Reference: Section 4529, Government Code.
History
1. New section filed 9-8-97; operative 10-8-97 (Register 97, No. 37).
2. Amendment of first paragraph filed 7-12-2002; operative 8-1 1-2002 (Register
2002, No. 28).
Article 8. Disabled Veteran Business
Enterprise Program
§ 3475. Disabled Veteran Business Enterprise Goal.
(a) The disabled veteran business enterprise goal established in Public
Contract Code section 101 15(c) applies to the overall annual expendi-
tures of the department. The goal shall be used for specific contracts un-
less' the department determines that a more appropriate disabled veteran
business enterprise goal shall be used for a specific contract based on one
or more of the following conditions:
(1) The contract is for an amount of $15,000 or less.
(2) The department has determined that there are no disabled veteran
business enterprises within a reasonable market area.
(3) The department has determined that the project or contract contains
no opportunity for subcontracting.
(4) The department has determined that an emergency exists involving
the public health, welfare, safety, or security of a facility and/or the pub-
lic.
(5) The department has determined that the contract for services to be
supplied exclusively by an individual or business concern involves mi-
nor or insignificant incidental services or supplies.
(6) The department has determined that the contract will result in the
state being a user of services normally provided to the public at large,
e.g., electricity, gas, water, garbage collection, use of common carriers,
and/or over-night accommodations.
(7) The department has determined that there is only one person or en-
tity that can reasonably and effectively perform the required services for
which there is minor, insignificant, or no opportunity for subcontracting.
(8) The department has determined that extraordinary circumstances
exist which make it impossible for the potenfial contractor or the depart-
ment to comply with the disabled veteran business enterprise require-
ments.
(9) An amendment to an existing contract is either based on one or
more of the above condifions or the amendment will not materially
change the scope of services, as determined by the department.
( 1 0) The work is to be performed pursuant to a change order or amend-
ment to an existing construction contract.
Page 188.89
Register 2006, No. 49; 12-8-2006
§3476
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(b) When it is necessary for the department to establish a more appro-
priate disabled veteran business enterprise goal for a specific contract,
the department shall identify disabled veteran business enterprises and
involve them in the contracting process to the extent reasonably possible.
NOTK: Authority cited: Section 5058, Penal Code; and Section 101 15.3(b), Public
Contract Code. Reference: Sections 101 15 and 101 15.1 1, Public Contract Code.
History
1 . Amendment of article heading and renumbering and amendment of former sec-
tion 3476 opening paragraph to new section 3475 filed 10-18-93 as an emer-
gency; operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance
must be transmitted to OAL by 2-15-94 or emergency language will be re-
pealed by operation of law on the followine day. For prior history, see Register
91, No. 6.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 1 1 ).
3. Change without regulatory effect amending subsection (a)(1) filed 3-27-95
pursuant to section 1 00, title 1 , California Code of Reeulations (Register 95. No.
13).
4. Amendment of article heading, section heading, and subsections (a), (a)(2),
(a)(8) and (b) filed 1 1-13-98 as an emergency; operative 1 1-13-98 (Register
98, No. 46). A Certificate of Compliance must be transmitted to OAL by
3-15-99 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 1 1-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 11).
§ 3476. Disabled Veteran Business Enterprise Bid and
Sole Source Requirements.
(a) Within the time frames specified by the department's bid or sole
source package, potential contractors shall be required to provide the de-
partment with either (1) or (2) below:
(1 ) Documentation, as required in the department's bid or sole source
package, that they have met the disabled veteran business enterprise goal
established in the respective package which shall include, but not be lim-
ited to, the names of their subcontractors; certification pursuant to section
3477; and dollar amounts of the subcontracts.
(2) Documentation, as required in the department's bid or sole source
package pursuant to section 3478 of their good faith effort to meet the dis-
abled veteran business enterprise goal established in the department' s bid
or sole source package.
(b) For the purpose of this article, a disabled veteran business enter-
prise must perform a commercially useful function. A disabled veteran
business enterprise is considered to be performing a commercially useful
function when it meets both of the following criteria:
( 1 ) The business concern is responsible for the execution of a distinct
element of the work of the contract; carrying out its obligation by actually
performing, managing, or supervising the work involved; and perform-
ing work that is normal for its business services and functions.
(2) The business concern is not further subcontracting a greater portion
of the work than would be expected by normal industry practices.
NOTE: Authority cited: Section 5058, Penal Code; and Section 1011 5.3(b), Pubhc
ConU-act Code. Reference: Sections 101 15, 101 15.2 and 101 15.3, Pubhc Contract
Code.
History
1 . Renumbering and amendment of former section 3477 opening paragraph to new
section 3476, amendment of section heading and Note filed 10-18-93 as an
emergency; operative 10-18-93 (Register 93, No. 43). A Certificate of Com-
pliance must be transmitted to OAL by 2-1 5-94 or emergency language will be
repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 11).
3. Amendment of subsections (a)(1) and (a)(2) filed 1 1-22-96 as an emergency;
operative 1 1-22-96 (Register 96, No. 47). A Certificate of Compliance must be
transmitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emer-
gency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1 1-22-96 order, including amendment of sub-
section (b), transmitted to OAL 3-20-97 and filed 5-1-97 (Register97, No. 1 8).
5. Amendment of section heading and subsections (a)(l)-(b)(l) filed 11-13-98
as an emergency; operative 11-13-98 (Register 98, No. 46). A Certificate of
Compliance must be transmitted to OAL by 3-15-99 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 11).
§ 3477. Certification of a Disabled Veteran Business
Enterprise.
(a) As specified in the department's bid or sole source package, poten-
tial contractors shall be required to provide the department with certifica-
tion documentation that a business concern is certified as a disabled vet-
eran business enterprise as defined in Section 3000.
NOTE: Authority cited: Section 5058. Penal Code; and Section 101 15.3(b). Public
Contract Code. Reference: Sections 2050-2053 and 10115.1, Pubhc Contract
Code.
History
1. Amendment of subsection (a), new section heading, subsection (b) and Note
filed 10-18-93 as an emergency; operadve 10-18-93 (Register 93, No. 43). A
Certificate of Compliance must be transmitted to OAL by 2-15-94 or emergen-
cy language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 1 1).
3. Amendment of subsection (a) filed 11-22-96 as an emergency; operative
11-22-96 (Register 96, No. 47). A Certificate of Compliance must be trans-
mitted to OAL by 5-1-97 pursuant to Penal Code section 5058(e) or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1 1-22-96 order, including amendment of sec-
tion heading, transmitted to OAL 3-20-97 and filed 5-1-97 (Register 97, No.
18).
5. Amendment ot section heading and subsection (a) and repealer of subsection
(b) filed 1 1-13-98 as an emergency; operative 1 1-13-98 (Register 98, No. 46).
A Certificate of Compliance must be transmitted to OAL by 3-15-99 or emer-
gency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 1 1-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 11).
§ 3478. Good Faith Effort Documentation.
A potential contractor shall be considered to have made a good faith
effort when he/she submits, within specified time limits, documentary
evidence, as required in the department's bid or sole source package, that
all of the following actions were taken:
(a) Contact was made with the department to identify disabled veteran
business enterprise business concerns.
(b) Contact was made with other federal and state agencies and local
disabled veteran business enterprise organizations to identify disabled
veteran business enterprises.
(c) Advertising was published in trade papers and disabled veteran
business enterprise focus paper, as specified in the bid or sole source
package, unless time limits imposed by the department did not permit
such advertising. Trade papers and disabled veteran business enterprise
focus papers, as defined in section 3000, must be acceptable to the depart-
ment.
(d) Invitations to bid were submitted to potential disabled veteran busi-
ness enterprise contractors.
(e) Bids submitted by disabled veteran business enterprises were fairly
considered.
NOTE: Authority cited: Section 5058, Penal Code; and Secfion 101 15.3(b), Public
Contract Code. Reference: Sections 101 15.2-101 15.4, Public Contract Code.
History
1 . Renumbering and amendment of former secfion 3477(b) to new secfion 3478,
new section heading, subsection (e) and Note filed 10-1 8-93 as an emergency;
operative 10-18-93 (Register 93, No. 43). A Certificate of Compliance must be
transmitted to OAL by 2-1 5-94 or emergency language will be repealed by op-
eration of law on the following day.
2. Certificate of Compliance as to 1(5-18-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 11).
3. Amendment filed 11-13-98 as an emergency; operative 11-13-98 (Register
98, No. 46). A Certificate of Compliance must be transmitted to OAL by
3-1 5-99 or emergency language will be repealed by operation of law on the fol-
lowing day.
4. Certificate of Compliance as to 1 1-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 1 1).
§ 3479. Monitoring Disabled Veteran Business Enterprise
Goals.
(a) The department shall monitor adherence to the disabled veteran
business enterprise goal established in Public Contract Code section
10155(c).
Page 188.90
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§3482
(b) Such monitoring may include, but is not limited to, visiting sites
and requiring reports from contractors on disabled veteran business en-
terprise participation.
NOTf-;: Authority cited: Section 5058, Penal Code; and Section 101 15.3(b), Public
Contract Code. Reference: Sections 101 15 and 101 15..3, Public Contract Code.
History
1 . New section filed 10-1 8-93 as an emergency; operative 1 0-1 8-93 ( Register 93.
No. 43). A Certificate of Compliance must be transmitted to OAL by 2-15-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-18-93 order transmitted to OAL 2-15-94
and filed 3-16-94 (Register 94, No. 11).
3. Amendment of section heading and section filed 1 1-13-98 as an emergency;
operative 1 1-1.3-98 (Regi.ster98, No. 46). A Certificate of Compliance must be
transmitted to OAL by 3-1 5-99 or emergency language will be repealed by op-
eration of law on the following day.
4. Certificate of Compliance as to 1 1-13-98 order transmitted to OAL 2-10-99
and filed 3-8-99 (Register 99, No. 1 1 ).
Article 9. Joint Venture Program
§ 3480. Joint Venture Program.
The secretary shall establish Joint Venture Program operations in state
prison facilities pursuant to the Prison Inmate Labor Initiative of 1990
(PILI). This program shall allow employers to employ inmates for the
purpose of producing goods or services that may be sold to the public.
The purpose of the program shall include preparing offenders for return
to society by offering relevant job skills and work habits to increase suc-
cess on parole, thereby benefiting society at large.
NOTE: Authority cited: Sections 2717.3 and 5058, Penal Code. Reference Sec-
tions 2717.2 and 5058, Penal Code.
History
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91,
No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91,
No. 11).
3. Certificate of Compliance as to 1 1-28-90 order transmitted to OAL 3-21-91
and filed 4-22-91 (Register 91, No. 20).
4. Renumbering of former section 3480 to new section 3480. 1 and new section
3480 filed 9-13-2005; operative 9-13-2005 pursuant to Government Code
section 1 1343.4 (Register 2005, No. 37).
§ 3480.1 . Joint Venture Policy Advisory Board.
The Joint Venture Policy Advisory Board, established in the depart-
ment by Penal Code section 2717.4, shall serve to advise the secretary of
policies that further the purposes of the Prison Inmate Labor Initiative of
1990. The board shall meet at the call of the chairperson. The secretary
shall serve as the chairperson of the board.
NOTE: Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sec-
tions 2717.4 and 5054, Penal Code.
History
1 . Renumbering and amendment of former section 3480 to new section 3480. 1
filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section
1 1343.4 (Register 2005, No. 37).
§ 3481. Joint Venture Employer Selection Criteria.
(a) A Joint Venture Employer (JVE) shall be selected on the basis of
their ability to further the purpose of the PILI. The secretary shall consid-
er the employer's ability to:
( 1 ) Provide inmates with the means to reimburse the state from earned
wages for a portion of the cost of the inmate's room and board.
(2) Provide inmates with the means of paying restitution and compen-
sation to the victims of crime from wages earned.
(3) Employ inmates in productive work and provide them with the op-
portunity to earn money while encouraging and maintaining safe prison
operations.
(4) Provide inmates with the means to support their families to the ex-
tent possible.
(3) Teach inmates skills and work habits that may be used upon their
release from prison by patterning the operation after those operations
outside of prison.
(6) Assist inmates in their rehabilitation.
(7) Assist with retaining or reclaiming jobs for California, supporting
new or developing California industries, or creating jobs for a deficient
labor market as determined in cooperation with the Einployment Devel-
opment Department.
(b) The secretary shall consider whether the operation will have an ad-
verse impact upon California's labor force.
(c) The secretary shall consider the operation's effect on public safety,
security of the institution, and applicable worker safety standards.
(d) The secretary shall consider the financial .status and stability of the
prospective Joint Venture Employer company prior to the execution of
a contract with the Joint Venture Employer.
NOTE: Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sec-
tions 2717.2, 2717.5 and 5054, Penal Code; and Section 5, Article XIV of the State
Constitution.
History
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91,
No. 6). A Certificate of Compliance must be transmitted to OAL by 4-2-91 or
emergency language will be repealed by operation of law on the following day.
2. Editorial conection of printing error inadvertently omitting text (Register 91,
No. 11).
3. Certificate of Compliance as to 1 1-28-90 order transmitted to OAL 3-21-91
and filed 4-22-91 (Register 91, No. 20).
4. Editorial correction of printing error in subsection (a) (Register 92, No. 5).
5. Amendment of subsections (a), (a)(5), (b) and (c) and new subsection (d) filed
9-13-2005; operative 9-13-2005 pursuant to Government Code section
1 1343.4 (Register 2005, No. 37).
§ 3482. Joint Venture Program Contracts.
(a) In addition to state contract requirements, each Joint Venture Pro-
gram (JVP) contract shall include, but not be limited to, the following:
(1) A detailed description of the Joint Venture Employer's program
operation, including but not limited to, the Joint Venture Employer's
type of business and products produced.
(2) The conditions and requirements under which the Joint Venture
Employer's non-inmate employees shall be admitted onto or excluded
from departmental or departmentally leased property.
(3) A provision for Joint Venture Employer non-inmate employee
orientation training which shall consist of those items necessary for em-
ployees to operate the industry within the institution in a consistent, se-
cure and effective manner. Ongoing training shall be scheduled as di-
rected by the institution head.
(4) A requirement that inmate-employees shall be paid "comparable
wages" as defined by PC section 2717.8. "Comparable wages" means
that compensation of inmate-employees by the Joint Venture Employer
shall be comparable to the wages paid by the Joint Venture Employer to
non-inmate employees performing the same or siinilar work for that em-
ployer. If the Joint Venture Employer does not employ such non-inmate
employees in the same or similar work, compensation shall be compara-
ble to wages paid for work of a similar nature in the locality in which the
work is to be performed. These wages are subject to the deductions listed
in Section 3485(h) and the mandatory savings listed in Section 3485(i).
(5) A provision that the administrator of the JVP shall monitor the
wage rates paid to inmate-employees for compliance with the compara-
ble wage requirement of PC section 2717.8.
(6) Hours of inmate employment and work schedule.
(7) Minimum and maximum inmate workforce requirements.
(8) Contraband items.
(9) Work-site security.
(10) Communications.
(11) Utilities.
( 1 2) Responsibilities of the Joint Venture Employer, specifically those
regarding:
(A) Obligation to pay inmate-employees comparable wages as re-
quired by PC section 2717.8.
(B) Compliance with all applicable record-keeping requirements set
forth in the California Labor Code and applicable Industrial Welfare
Commission Wage Orders.
(C) General Liability, Fire, Legal, and Automobile Liability Insur-
ance.
Page 188.91
Register 2008, No. 12; 3-21-2008
§3483
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(D) Maintenance of production equipment.
(E) Providing production supplies, materials, and equipment.
(F) Adherence to applicable federal, state, and local health and safety
laws and regulations.
(G) Inmate-employee benefits.
(H) Notification to inmate-employees of their rights under PC section
2717.8 and relevant Labor Code provisions.
(I) Compliance with the requirements of department's approved in-
mate appeal procedures as required by Title 1 5, California Code of Regu-
lations (CCR) Section 3084. 1 or relevant Labor Code provisions.
(J) A Security Bond, or equivalent security, posting requirement shall
be included in the contract. The amount of the bond, or its equivalent,
shall be not less than two months wages for the workforce contemplated
by the Joint Venture Employer after six months of operation, and shall
be determined on a case-by-case basis based on, but not limited to, the
size of the inmate workforce and the size of space leased by the Joint Ven-
ture Employer. The bond, or its equivalent shall be retained by the depart-
ment for the duration of the contract and may be used by the department
in the event a Joint Venture Employer fails to submit payroll or defaults
on any of its obligations to the State. The department shall apply the bond
first to pay past due wages to inmate-employees and thereafter, the bond
shall be available to pay unpaid obligations to the State, including, but
not limited to, rent, utilities, workers' compensation, and custody costs.
(K) A requirement that the Joint Venture Employer prepare and submit
to the administrator of the JVP for its review and approval:
1 . Prior to commencing business, a detailed job description for each
job to be performed at the facility;
2. At the time additional jobs are created, a detailed job description for
each new job;
3. A revised job description when there is a twenty-five percent or
more change in job duties;
4. If there are non-inmate employees performing the same or similar
work for that employer, a detailed job description, wage rate, and a wage
plan for its non-inmate workforce with documentation; or
5. Annually, an updated, detailed job description for all jobs at the
Joint Venture Employer's operation. Duty statements shall include a de-
scription of tasks to be performed, machines used, and skills required for
each job and shall be certified as to the accuracy of the job description
under oath by the JVE.
(L) A requirement that the Joint Venture Employer prepare and submit
to the department for its review and approval:
1. Prior to initial start-up of the Joint Venture Employer's operation,
a wage plan detailing the comparable wage rate for each position, taking
into account seniority, tenure, training, technical nature of the work being
performed, or other factors; and
2. Annually, the Joint Venture Employer's current wage plan.
(M) Hiring of eligible inmate-employees, which is a decision within
the sole determination of the Joint Venture Employer.
(N) Inmate-employee time keeping.
(O) Workers' Compensation Rate.
(P) Agreement that the Joint Venture Employer's business will not re-
sult in the displacement of any non-inmate workers performing the same
work.
(Q) The process used by JVE for final selection of inmate-employees.
(R) Sole responsibility of Joint Venture Employer to comply with all
applicable federal, state, and local laws and regulations. (Nothing in this
section should be construed to modify the responsibility of the State as
defined in the California Code Regulations, Title 15, Division 3, Chapter
1, Subchapter 5, Article 9, Section 3484.)
(S) Inmate-employee performance evaluations.
(T) Requirement to post notices of employee rights.
(U) Provision of all applicable inmate-employee payroll data.
(13) Responsibilities of the department/facility, specifically those re-
garding:
(A) Designation of a Coordinator by the facility.
(B) Lockdowns. fog lines and other circumstances under which in-
mate-employees may be restricted from work.
(C) Right of entry and searches of the area leased by the Joint Venture
Employer.
(D) Inmate-employee discipline.
(E) Program evaluation.
(F) Initial screening of potential inmate-employee pool for security
purposes.
(b) No Joint Venture Program contract shall be executed by the depart-
ment that will initiate employment by inmates in the same job classifica-
tion as non-in-mate employees of the same employer who are on strike
or subject to lockout as defined in PC section 2717.6.
(c) The Joint Venture Employer and any and all agents and employees
of the Joint Venture Employer shall act in an independent capacity and
not as officers or employees of the State. "Joint Venture Program" is
merely the colloquial name of the program, and does not create or con-
note a "joint venture" or partnership relationship between the parties as
a matter of law. Nothing in this program shall be construed as constituting
the parties herein as partners or joint venturers as those terms are defined
under California law or any other law.
(d) Nothing in these regulations is intended to establish an employer/
employee relationship between any inmate participating in the Joint Ven-
ture Program and the State of California, the department, or any individu-
al agency or office of the State of California.
NOTE: Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sec-
tions 2717.5, 2717.6. 2717.8, and .5054, Penal Code; Section 5, Article XIV of the
State Constitution; and Vasquez v. State of California, 105 Cal.App.4th 849
(2003), Stipulated Injunction and Order, Superior Court of San Diego County,
Case No. GIC-740832.
History
1. New section filed 1 1-28-90 as an emergency; operative 11-28-90 (Register91,
No. 6). A Certificate of Compliance must be transmitted to OAL by 3-28-91
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 1 1-28-90 order transmitted to OAL 3-21-91
and filed 4-22-91 (Register 91, No. 20).
3. Amendment filed 9-13-2005; operative 9-13-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 37).
4. Change without regulatory effect amending subsection (a)(12)(R) filed
1-25-2006 pursuant to section 100, title 1, California Code of Regulations
(Register 2006, No. 4).
5. Amendment of subsecfions (a), (a)(4)-(5) and (a)(12)(K) and amendment of
Note filed 10-18-2007 as an emergency; operative 10-18-2007 (Register
2007, No. 42). Pursuant to Penal Code section 5058.3. a Certificate of Com-
pliance must be transmitted to OAL by 3-26-2008 or emergency language will
be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-18-2007 order transmitted to OAL
2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
§ 3483. Joint Venture Lease.
(a) The State of California, acting through the Department of General
Services, with the approval of the department, shall enter into a lease with
all Joint Venture Employer businesses.
(b) In addition to state leasing requirements, each Joint Venture Pro-
gram lease shall include, but not be limited to, the following:
(1) Description of the leased space.
(2) Lease terms.
(3) Rent to be paid to Department of General Services.
(4) Utility rates.
(5) Maintenance of leased space.
(6) Prohibited/contraband items.
(7) Environmental Compliance.
NOTE: Authority cited: Sections 2717.3 and 5058, Penal Code. Reference: Sec-
tions 2717.2 and 5054, Penal Code.
History
1. New section filed 12-3-90 as an emergency; operative 12-3-90 (Register 91,
No. 6). A Certificate of Comphance must be transmitted to OAL by 4-2-91 or
emergency language will be repealed by operation of law on the following day.
2. Editorial correction of printing error inadvertently omitting text (Register 91,
No. 11).
3. Certificate of Compliance as to 1 1-28-90 order transmitted to OAL 3-21-91
and filed 4-22-91 (Register 91, No. 20).
Page 188.92
Register 2008, No. 12; 3-21-2008
Title 15
Adult Institutions, Programs and Parole
§ 3485
4. Renumbering of former section 3483 to new section 3485 and new section 3483
filed 9-13-2005; operative 9-13-2005 pursuant to Government Code section
1 1343.4 (Register 2005, No. 37).
§ 3484. Monitoring Comparable Wages and Wage Plans.
(a) The JVP shall monitor the wage rates and wage plans submitted by
the Joint Venture Employer for compHance with PC section 2717.8.
Monitoring shall include, but not be litnited to, unannounced on-site vis-
its to determine the accuracy of the job descriptions and to assess com-
pliance with wage plan requirements including compliance with PC sec-
tion 27 1 7.8. The JVP shall develop a written protocol for these visits and
retain a copy of the on-site visit reports for at least five years.
(b) The JVP shall obtain wage data, applicable Standard Occupational
Codes (SOC), and survey data from Occupational Employment Surveys
(OES) for each inmate-employee job description from the Employment
Development Department annually, upon the creation of any new JVE
job position, upon the alteration of any existing position, or upon the es-
tablishment of any new JVP business.
(c) The JVE job descriptions and wage plans shall be reviewed annual-
ly, upon the creation of any new JVE job position, upon the alteration of
any existing position, or upon establishment of a new JVP business.
(d) The JVP shall maintain a database which includes each inmate's
date of hire, hourly wage, hours worked and the SOC code for each in-
mate position.
(e) The JVP shall conduct desk audits every ninety days of a randomly
selected ten percent of the inmate workforce and shall review salary lev-
els to verify that the comparable wage rates are being paid.
Note; Authority cited: 2717.3 and 5058, Penal Code. Reference: Sections 2717.3,
2717.4. 2717.8 and 5054, Penal Code; and Vasquez v. State of California, 105
Cal.App.4th 849 (2003), Stipulated Injunction and Order, Superior Court of San
Diego County, Case No. GIC-740832.
History
1. New section filed 9-13-2005; operative 9-13-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 37).
2. Amendment of section and NoTB filed 10-18-2007 as an emergency; operative
10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section 5058.3,
a Certificate of Compliance must be transmitted to OAL by 3-26-2008 or emer-
gency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL
2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
§ 3485. Inmate Joint Venture Program Participation.
(a) Inmate employment is "at will" and as such is at the discretion of
the employer. The Joint Venture Employer may lawfully terminate in-
mate-employees at any time with or without cause but not for unlawful
reasons. The department may remove inmate-employees from participa-
tion in the Joint Venture Program at any time with or without cause.
(b) As a condition of employment, all inmate-employees agree to par-
ticipate in random urine testing.
(c) Earned wages paid by the Joint Venture Employer will be distrib-
uted to inmates by the department once a month, regardless of the fre-
quency the employer issues payroll.
(d) Inmate participation in the Joint Venture Program shall be volun-
tary as evidenced by their written consent on the department's CDCR
Form 1872, (Rev. 9/05) Inmate Participation Agreement — Joint Ven-
ture Program (JVP). The Joint Venture Employer shall provide to all in-
mates hired written information on the conditions of their participation
in the Joint Venture Program. Such information shall include, but not be
limited to:
( 1 ) Hours of work and the requirements that comparable wages be
paid.
(2) Job description.
(3) Right to file complaints regarding claimed violations of their rights
under PC section 2717.8, relevant provisions of the Labor Code, and ap-
plicable Industrial Welfare Commission Wage Orders.
(4) Inmates shall not be subject to retaliation, as specified in Title 15,
CCR, Section 3084. 1 (d), by the department for their use of the inmate ap-
peal process, to address Joint Venture Employer-related matters. Neither
the Joint Venture Employer nor the department shall retaliate against in-
mates for exercising rights guaranteed under the State Labor Code or
elsewhere in law to address Joint Venture Employer-related matters.
(e) The Joint Venture Employer shall post at the worksite and provide
to each inmate-employee a notice of applicable employment laws and
relevant Labor Code provisions.
(f) The total daily hours worked by inmate-employees in the same job
classification as non-inmate employees of the same Joint Venture Em-
ployer who are on strike or subject to lockout shall not exceed, for the du-
ration of the strike, the average daily hours worked for the preceding six
months, or if the Joint Venture Program has been in operation for less
than six inonths, for the period of the operations. If the secretary deter-
mines upon receipt of written notification by the union representing the
non-inmate employees on strike or subject to lockout that such a condi-
tion exists, the limitation on inmate-employee work hours shall be im-
plemented within 48 hours.
(g) A separate inmate wailing list shall, if necessary, be maintained for
each Joint Venture Program operation.
(1) An inmate's inclusion on any waiting list for a Joint Venture Pro-
gram operation shall not affect their status on any other waiting lists
maintained by the facility until such time as the inmate is employed by
the Joint Venture Employer.
(2) If the inmate refuses to work, quits, or is removed from the Joint
Venture Program, they shall be immediately returned to their housing
unit, temporarily unassigned and referred to a classification committee
for placement either on a facility waiting list or, if they refuse to work,
in a non-credit earning group pursuant to Title 15, CCR Section 3375.
(h) Wages earned by each inmate participating in a Joint Venture Pro-
gram operation shall be subject to the following deductions, which shall
not exceed 80 percent of the inmate's gross wages:
(1) Federal, state and local taxes.
(2) Twenty percent of the inmate's net wages after taxes shall be for
any lawful restitution fine or contributions to any fund established by law
compensate the victims of crime.
(3) Twenty percent of the inmate's net wages after taxes shall be for
costs of room and board which shall be remitted to the department.
(4) Twenty percent of the inmate' s net wages after taxes for allocations
for support of family pursuant to state statute, court order, or agreement
of the inmate. If the inmate chooses not to send money to a family mem-
ber, and there is no court-ordered withholding, these funds will be depos-
ited in mandatory savings.
(i) In addition to (h) of 3485, twenty percent of the inmate's net wages
after taxes shall be retained for the inmate in mandatory savings under
the control of the department.
(1) Funds retained for an inmate's mandatory savings shall be depos-
ited in an interest bearing account.
(2) Inmate-employees who terminate from Joint Venture Program
with a savings account balance of $500 or less may voluntarily elect to
close their account and have the balance forwarded to their institutional
trust account in order to avoid account fees.
(3) Each inmate's savings, plus the interest accrued by their savings,
shall be provided to the inmate upon their release. Inmate-employee sav-
ings accounts are intended solely for the deposit of wages earned from
employment with the JVE. Institution heads may authorize an earlier
withdrawal of up to 50% of an inmate's savings in cases where the inmate
is sentenced to 15 years or more and the inmate has accrued $6500 or
more from Joint Venture wages in their account.
NOTE: Authority cited: Sections 2717.3 and 5058. Penal Code. Reference: Sec-
tions 2717.8 and 5054, Penal Code.
History
1 . Renumbering and amendment of former section 3483 to new section 3485 and
new form CDC 1872 filed 9-13-2005; operative 9-13-2005 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2005, No. 37).
2. Amendment of subsections (i)(2)-(3) filed 10-18-2007 as an emergency; op-
eradve 10-18-2007 (Register 2007, No. 42). Pursuant to Penal Code section
5058.3, a Certificate of Compliance must be transmitted to OAL by .3-26-2008
or emergency language will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 10-18-2007 order transmitted to OAL
2-4-2008 and filed 3-18-2008 (Register 2008, No. 12).
Page 188.93
Register 2008, No. 12; 3-21-2008
§3485
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
STATE OF CALIFORNIA
INMATE PARTICIPATION AGREEMENT —
JOINT VENTURE PROGRAM (JVP)
CDCR 1872 (Rev. 09/05)
DEPARTMENT OF CORRECTIONS AND REHABILITATION
Earned wages will be distributed to me by the department once per month regardless of the frequency the employer issues payroll. I
authorize the CDCR and my employer to issue checks payable to "California Department of Corrections and Rehabilitation for Inmate
Name and CDCR Number," and I authorize CDCR's contracted financial services firm to deposit the checks for distribution as de-
scribed above.
If I make voluntary supplemental deposits to my mandatory savings account, those funds will also be restricted from my access until
release. Upon my parole, my mandatory savings in its entirety will be made available to me. If I am owed funds after my release, they
will be forwarded to my Parole Agent in accordance with the established monthly disbursement schedule unless you make other ar-
rangements with the JVP.
I also understand the above deductions from my net wages after taxes are a requirement to participate in the JVP and the handling of
my payroll in the above mentioned manner expedites the disbursement process.
I agree this agreement shall supersede any provisions in any other document regarding the JVP, which may conflict with this agreement.
I have read, understand, and agree to the above terms and conditions and know what is expected of me as a participant in the JVP.
Inmate-Employee's Name (Print)
Inmate-Employee's Signature
CDC Number
Date Signed
Institution
JVP Company Name
Staff Witness's Name
Staff Witness's Signature
Date Signed
ORIGINAL — JVP Headquarters / Canary — Central File / Pink — Inmate-Employee
Page 188.94
Register 2008, No. 12; 3-21-2008
Title 15
Adult Institutions, Programs and Parole
§3485
STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS AND REHABILITATION
INMATE PARTICIPATION AGREEMENT
JOINT VENTURE PROGRAM (JVP)
CDCR 1872 (Rev. 9/05)
WELCOME TO THE JOINT VENTURE PROGRAM. CONGRATULATIONS ON BEING SELECTED FOR EMPLOY-
MENT WITH A JOINT VENTURE COMPANY. READ THE TERMS AND CONDITIONS CAREFULLY, AND IF YOU
AGREE TO THEM, SIGN WHERE INDICATED BELOW.
I am volunteering to participate in the California Department of Corrections and Rehabilitation (CDCR) Joint Venture Program (JVP).
As a participant in JVP, I am responsible for complying with the requirements of my employer and the CDCR. I understand my employ-
ment is "at will," and as such is at the discretion of my employer. I understand that I may be lawfully terminated by my Joint Venture
employer at any time with or without cause. In addition, I understand that my participation in the JVP may be terminated at any time,
with or without cause, by CDCR.
As a condition of my participation in JVP, I agree to participate in random urine testing.
I understand that I may appeal or file a complaint regarding any alleged violation of my rights under Penal Code Section 2717.8 or
relevant Labor Code provisions, and that I shall not be subject to retaliation or adverse action by CDCR or my employer for exercising
rights guaranteed under the Labor Code or elsewhere in law to address employer-related matters. I understand that I may have rights
under the State Labor Laws that can be protected through the complaint procedure of the State of California's Division of Labor Stan-
dards Enforcement.
Deductions on my W-4 form will correspond with the information recorded in my Central File, and I will not request withholding of
additional amounts of taxes. I hereby authorize the CDCR to make the following deductions which shall not exceed 80 percent of my
gross wages in accordance with Section 2717.8 of the Penal Code (Compensation of inmate workers deductions) and Sections 3485
(h) and (i) of Title 1 5 of the California Code of Regulations:
Federal, state, and local taxes.
20 percent of my net wages after taxes shall be paid to any lawful restitution fine, or contributed to any fund established by
law to compensate victims of crime (generic restitution).
20 percent of my net wages after taxes shall be remitted to CDCR for payment of room and board.
20 percent of my net wages after taxes shall be paid for support of family pursuant to state statute or court order. If there is
no such state statute or court order, I may designate a family member to receive this portion. If there is no state statute or court
order and I choose not to designate a family member, this portion will be held in a mandatory savings account.
I further authorize the Department of Corrections and Rehabilitation to distribute my net wages after taxes once each month in accor-
dance with the above deductions. The remainder of my net wages after taxes shall be distributed to me as follows:
20 percent of my net wages after taxes shall be available to me once per month with a statement revealing the disbursements
made. These earnings will be placed into my Inmate Trust Account for expenditure per standard institutions rules upon receipt
at the institution.
The remainder of my net wages after taxes shall be deposited in a mandatory savings account and will be available to me upon
my release.
Page 188.95
Register 2008, No. 31; 8-1-2008
§3486
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3486. Compliance.
If a JVE is found to be in non-compliance with PC section 271 7.8 or
the provisions of sections 3482(a)(4) and 3482(a)(12)(K). the JVP ad-
ministrator shall issue a written notice requiring the JVE, within 30 days,
to comply with the JVP contract. After 30 days, if the JVE remains non-
compliant with the contract, the administrator shall issue to the JVE a
written 30-day cancellation notice indicating that the JVE is in material
breach of contract. Any bonds held pursuant to 3483(a)(I2)(J) shall be
forfeited if the JVE is found to be non-compliant. At the close of the
30-day cancellation notice, if the JVE has not come into compliance with
the contract, the JVE shall be terminated from the JVP.
NOTE: Authority cited: 2717.3 and 5058, Penal Code. Reference: Sections 2717.8
and .5054, Penal Code; and Vasqiiez v. State ofCalifoniiu, 105 Cal.App.4th 849
(2003), Stipulated Injunction and Order, Superior Court of San Diego County,
Case No. GIC-740832.
History
1. New section filed 10-18-2007 as an emergency; operative 10-18-2007 (Regis-
ter 2007. No. 42). Pursuant to Penal Code section 5058.3, a Certificate of Com-
pliance must be transmitted to OAL by .V26-2008 or emergency language will
be repealed by operation of law on the following day.
2. Certificate of Compliance as to 10-18-2007 order transmitted to OAL
2-4-2008 and filed .VI 8-2008 (Register 2008, No. 12).
Subchapter 6. Parole
Article 1. Parole Release
§ 3500. General and Special Conditions of Parole and
Outpatient Status.
Persons committed to the Department who are allowed to go upon and
remain upon parole or outpatient status, shall conform to the applicable
rules established by or under the authority of the Board of Prison Terms
and the Narcotic Addict Evaluation Authority as set forth in Title 15, Di-
visions 2 and 5 of the California Administrative Code.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 3052 and
5076.2, Penal Code; and Sections 3151 and 3156, Welfare and Institutions Code.
History
1. New Subchapter 6 (Articles 1-7, Sections 3500-3562, not consecutive) filed
5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Repealer of Subchapter 6 (Articles 1-7, Sections 3500-3560, not consecutive)
and new Subchapter 6 (Article 1, section 3500) filed 3-2-83; effective thirtieth
day thereafter ( Register 83, No. 12). For prior history, see Registers 79, No. 34;
79, No. 8; 78, No. 29 and 77, No. 40.
3. Editorial correcdon of printing errors (Register 92, No. 5).
§3501. Restitution Obligations.
Restitution obligations shall be considered when recommending a pa-
rolee for early discharge or when conducting annual discharge review.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections 4852.05
and 5054, Penal Code.
History
1. New section filed 3-1 1-2002; operative 4-10-2002 (Register 2002, No. 1 1).
§ 3502. Prerelease Referral.
An inmate's case shall be referred to the parole region for parole pro-
gram development 120 days prior to the expected release date, or imme-
diately if less time remains.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . Change without regulatory effect renumbering former section 3604 to new sec-
tion 3^502 filed 7-30-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 31).
§ 3503. Assignment to Parole Agent. [Reserved]
§ 3504. Parole Assessment.
(a) For the purpose of this section, the following definitions shall ap-
ply:
( 1 ) High Control means the highest level of supervision based on com-
mitment offense(s) and prior criminal history. Cases designated high
control shall be reserved for persons with violent felony commitments as
described in Penal Code (PC) section 667.5(c), PC section 290 regis-
trants; cases generating extensive media or public attention; or cases in-
volving membership in gangs, as stated on CDC Form 8 1 2-A (Rev. 9/92)
Notice of Critical Information — Prison Gang Identification, or member-
ship in a disruptive group, as identified on CDC Form 81 2-B (Rev. 9/92)
Notice of Critical Information — Disruptive Group Identification. The
following minimum contact requirements shall apply to these cases:
(A) Face-to-face contact by the first working day following release
from custody, but no later than the third working day following release.
In inost cases it is expected that this contact will take place at the office.
(B) Each month one field contact at the parolee's residence. The first
face-to-face residential contact shall be within seven working days fol-
lowing release from custody.
(C) Each thirty days one collateral contact.
(D) If anfi-narcotic tesfing applies, a miniinum testing schedule of one
test per month.
(E) Case review, thirty calendar days after assignment to this category
and, if retained in this category, each sixty calendar days thereafter.
(2) High Service means the level of supervision based on service needs
and behavioral patterns and is primarily ufilized for the placement of civil
addicts, or individuals requiring special assistance such as individuals
with severe mental or psychiatric problems. The following minimum
contact requirements shall apply to these cases:
(A) Face-to-face contact by the first working day following release
from custody, but no later than the third working day following release.
In most cases it is expected that this contact will take place at the office.
(B) Each month one field contact at the parolee's residence. The first
face-to-face residenfial contact shall be within seven working days fol-
lowing release from custody.
(C) Each thirty days one collateral contact.
(D) With the excepfion of civil addicts, if anti-narcotic testing applies,
a minimum tesdng schedule of one test per month. Civil addicts shall be
tested weekly; two of which tests must be random/surprise urinalysis
tests. One of the two random/surprise tests shall be in the field.
(E) Case review thirty calendar days after assignment to this category
and, if retained in this category, each sixty calendar days thereafter.
(3) Control Services means the level of supervision based on commit-
ment offense(s) and prior criminal history, or service needs and behavior-
al patterns that do not meet the specifications of high control as described
in subsection (a)(1) and high service as described in subsection (a)(2).
The following miniinum contact requirements shall apply for these
cases:
(A) Face-to-face contact by the first working day following release
from custody and, when possible, the initial interview will be conducted
no later than the third working day following release. In most cases, it is
expected that this contact will take place at the office.
(B) Two face-to-face contacts per quarter, with at least one being at
the parolee's residence. One face-to-face contact at the parolee's resi-
dence within fifteen workdays following release from custody.
(C) Each quarter one collateral contact.
(D) If anti-narcodc testing applies, felon parolees shall be tested twice
every quarter and non-felon parolees two time each thirty days.
(E) Parolees who complete 1 80-days of satisfactory parole will auto-
mafically be assigned to the minimum supervision category. Exceptions
to the automatic reduction shall include violent felony commitments de-
scribed in PC section 667.5, PC section 290 registrants, cases generating
extensive media or public attention, and gang members, as documented
on CDC Form 81 2-A (Rev. 9/92).
(4) Minimum Supervision means the level of supervision based on
commitment offense(s) and prior criminal history, and service needs and
behavioral patterns. With the excepfion of parole outpafient clinic atten-
dees and those cases/parolees identified in subsections (a)(1) and (a)(2),
felon parolees who complete 1 80 days of satisfactory parole under con-
trol services supervision, absent a case review, shall be assigned to the
Page 188.96
Register 2008, No. 31; 8-1-2008
Title 15
Adult Institutions, Programs and Parole
§3600
minimum supervision level category unless the unit supervisor retains
the case at the control services level.
One tace-to-face contact shall be conducted in the month prior to dis-
charge. If retained on parole, there shall be two field contacts annually.
(5) Collateral Contact means any communication with an individual
concerning a parolee. Collateral contacts may be completed in person,
via telephone, or by written or electronic medium.
(b) Upon their initial release from an institution/facility, parolees shall
not be placed on the minimum supervision level category. Upon their ini-
tial release, parolees shall be placed in one of the following supervision
level categories:
(1) High Control.
(2) High Service.
(3) Control Services.
(c) Civil addicts shall remain in the high service supervision level cate-
gory until they complete 180 days of continuous drug-free outpatient or
civil addict parole.
(d) Exceptions to placement in any of the supervision level categories
or reduction in any of the supervision level categories described in sub-
sections (a)( 1 ) through (a)(4) may be made by the unit supervisor on a
case-by-case basis.
NOTE: Authority cited: Section 5038, Penal Code. Reference: Sections 290,
667.5(c) and 5054, Penal Code; and Sections 3151 and 3152, Welfare and Institu-
tions Code.
History
1 . Change without regulatory effect renumbering former section 3605 to new sec-
tion 3504 filed 7-30-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008. No. 31).
§ 3505. [Reserved]
§ 3506. [Reserved]
§ 3507. [Reserved]
§ 3508. [Reserved]
§ 3509. [Reserved]
§3510. [Reserved]
§3511. [Reserved]
§ 3526. Status While Programming at a Preventing Parolee
Crime Program Facility. [Reserved]
§ 3527. Evaluation. [Reserved]
Article 2. Preventing Parolee Crime
Program [Reserved]
§ 3520. Preventing Parolee Crime Program. [Reserved]
§ 3521. Preventing Parolee Crime Program Components.
[Reserved]
§ 3521 .1 . Parolee Service Centers. [Reserved]
§ 3521.2. Residential Multi-Service Centers. [Reserved]
§ 3521.3. Day Reporting Centers. [Reserved]
§ 3521.4. Computerized Literacy Learning Program.
[Reserved]
§ 3521 .5. Drug Treatment Networks. [Reserved]
§ 3521.6. Job Placement Networks. [Reserved]
§ 3522. Preventing Parolee Crime Program Placement.
[Reserved]
Procedures for Placing Parolees in a Preventing
Parolee Crime Program. [Reserved]
§ 3523.
§ 3524. Exclusionary Criteria. [Reserved]
§ 3525. Eligibility Criteria. [Reserved]
Article 3. Electronic Monitoring [Reserved]
§ 3540. Continuous Electronic Monitoring. [Reserved]
§ 3541 . Required Attributes of Continuous Electronic
Monitoring Devices. [Reserved]
§ 3542. Notification of Actual or Suspected Parole
Violations by System. [Reserved]
§ 3543. Public Safety Standards for Minimum Time
Between Transmission and Accuracy of
Information. [Reserved]
§ 3544. Prohibitions Against Unauthorized Access to and
Use of Continuous Electronic Monitoring.
[Reserved]
§ 3545. Persons to Participate in Continuous Electronic
Monitoring. [Reserved]
§ 3546. Revocation of Continuous Monitoring. [Reserved]
§ 3547. Noncompliance with Rules or Conditions.
[Reserved]
§ 3548. Costs of Supervision. [Reserved]
§ 3549. Written Contracts for Continuous Electronic
Monitoring. [Reserved]
Article 4. Global Positioning System
Program [Reserved]
§ 3560. Global Positioning System Program
Establishment. [Reserved]
§ 3561 . Global Positioning System High Risk Sex
Offenders. [Reserved]
§ 3562. Global Positioning System Gang. [Reserved]
§ 3563. Global Positioning System for Life. [Reserved]
§ 3564. Transitioning Sex Offenders to Local Law
Enforcement Monitoring. [Reserved]
Article 5. Sex Offenders [Reserved]
§ 3570. Assessments. [Reserved]
§ 3571. Residence Restrictions. [Reserved]
Article 6. High Risk Sex Offenders
[Reserved]
§ 3580. Definitions. [Reserved]
§ 3581 . Assessments. [Reserved]
§ 3582. Residence Restrictions. [Reserved]
Article 7. Parole Searches
§ 3600. Searches of Parolees.
(a) Any contraband or evidence of illegal activity shall be seized by the
parole agent or the law enforcement officer conducting a search of a pa-
Page 188.97
Register 2008, No. 31; 8-1-2008
§3604
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
rolee's person, property, or residence. Property not belonging to the pa-
rolee shall be seized only when needed as evidence to support a parole
violation charge.
(b) Property seized as evidence shall be documented on a CDC Form
1 136. Evidence Report and Inventory Receipt, (Rev. 6/88). A copy of the
form will be available to either the parolee or a responsible adult, or left
at the place of seizure.
(c) Only those areas of a parolee' s residence occupied solely by the pa-
rolee or of common access shall be searched without a search warrant.
(d) A parole agent's authority to search or arrest a parolee may be dele-
gated to another law enforcement agency under any of the following cir-
cumstances:
( 1 ) There is reason to believe a parole violation has occurred.
(2) The parole agent, due to distance from the scene, is unable to be
present.
(3) Contraband will likely be destroyed if the search is delayed.
(e) If staff's forced entry into a structure results in damages to the
structure, the parole office shall make available to the landlord or owner
the claim form needed to recover repair costs through the State Board of
Control.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code; Sections 13920 and 13921, Government Code: People v. Giles, 233
CaI.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocies 119
Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
History
I . Change without regulatory effect adding article 7 (section 3600) and renumber-
ing former section 3701 . 1 to new section 3600 filed 7-30-2008 pursuant to sec-
tion 100. title 1, California Code of Regulations (Register 2008, No. 31).
§ 3604. Prerelease Referral. [Renumbered]
NOTE; Authority cited: Section 5058, Penal Code. Reference: SecUon 5054, Penal
Code.
History
1. New section filed 5-27-93; operadve 6-28-93 (Register 93, No. 22).
2. Change without regulatory effect renumbering former secfion 3604 to new sec-
tion 3^502 filed 7-30-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 31).
Article 8. Cash Assistance
§ 3605. Cash Assistance.
(a) Cash assistance funds may be loaned to qualified parolees/re-
leasees or dischargees as described in (b), below.
(b) When a request for financial assistance is received, the parole agent
shall determine if the requestor needs the assistance and whether other
resources are available to meet the need.
(c) If assistance is deemed necessary and not available from other
sources, the parole agent shall obtain both of the following:
(1) The unit supervisor's approval for any loan which either exceeds
$50 or results in the requestor receiving more than $1 50 within a 30-day
period.
(2) The signature of the requestor on CDC Form 1509 (4/82), Parolee
Loan Receipt, before releasing the loan funds.
(d) The parolee/releasee or dischargee shall repay any such loans as
soon as their employment and personal circumstances permit. A receipt
for every repayment made on a loan shall be provided to the individual.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and
5060, Penal Code.
History
1 . New section filed 5-1 8-2000 as an emergency; operative 5-1 8-2000 (Register
2000, No. 20). Pursuant to Penal Code section 5058(e), a Certificate of Com-
pliance must be transmitted to OAL by 10-25-2000 or emergency language
will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 2000, No. 21).
3. New section refiled 10-24-2000 as an emergency; operative 10-26-2001 (Reg-
ister 2001, No. 19). A Certificate of Compliance must be transmitted to OAL
by 4-4-2001 or emergency language will be repealed by operation of law on
the following day.
4. Certificate of Compliance as to 10-24-2000 order, including further amend-
ment of section, transmitted to OAL 3-30-2001 and filed 5-1 1-2001 (Register
2001, No. 19).
5. Change without regulatory effect renumbering former section 3605 to new sec-
tion 3504. adding article 8 (section 3605) and renumbering former secfion 3705
to secfion 3605 filed 7-30-2008 pursuant to secfion 1 00, tille 1 , California Code
of Regulations (Register 2008, No. 31).
§ 3605.5. Release from Revocation or Limited Placement.
[Renumbered]
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1 . New section filed 5-27-93: operative 6-28-93 (Register 93. No. 22).
2. Change without regulatory effect renumbering former section 3605.5 to new
section 3740 filed 7-30-2008 pursuant to section 100, title 1, California Code
of Regulations (Register 2008, No. 31).
Article 9. Parole Outpatient Clinic
§ 3610. Parole Outpatient Clinic Services.
(a) Parole outpatient clinic staff shall provide psychiatric diagnosis,
evaluation, and treatment for parolees referred by staff. Treatment ser-
vices may be supplemented by agreements with county mental health or
other agencies.
(b) Parolees/Releasees shall be referred to the parole outpatient clinic
under either of the following circumstances:
( 1 ) They exhibit any of the following signs:
(A) Delusions, hallucinations, bizarre behavior, persecutory feelings,
or disjointed or incoherent speech.
(B) An apparent lessening of control over their behavior.
(C) Suicidal tendencies or attempts.
(D) Extreme anxiety, tension, or depression caused by a situation simi-
lar to one which led to past problems.
(E) Excessive anxiety, tension, chronic alcohol abuse, paranoia, or
belligerence.
(2) A special condition of parole or release requires the
parolee/releasee to participate in psychiatric treatment.
(c) When the department's jurisdiction of a parolee/releasee is expir-
ing and continued treatment or services are required, staff shall assist the
parolee/releasee to obtain the services from a community mental health
agency. If the services of the agencies cannot be obtained, the parolee/
releasee may continue to receive parole outpatient clinic services until
community services can be arranged or the services are no longer re-
quired.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
I. Change without regulatory effect adding article 9 (secfion 3610) and renumber-
ing former section 3706 to new secfion 3610 filed 7-30-2008 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2008, No. 31).
Article 10. Civil Addicts
§ 3620. Special Requirements of Civil Addict Release or
Parole.
A parole agent may impose special requirements necessary for a civil
addict releasee' s or parolee' s successful adjustment to their release or pa-
role. Any such requirements which are to remain in effect for more than
seven days shall be given to the releasee or civil addict parolee in writing.
Any such conditions to remain in effect for more than 30 days shall be
submitted to the narcotic addict evaluation authority as a recommenda-
tion to impose as a special condition of release or parole.
NOTE; Authority cited: Section 5058, Penal Code. Reference: Sections 3151 and
3201(c), Welfare and Institutions Code; and Section 5054, Penal Code.
History
I. Change without regulatory effect adding article 10 (sections 3620-3625) and
renumbering former section 3801 to new section 3620 filed 7-30-2008 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2008, No.
31).
•
Page 188.98
Register 2008, No. 31; 8-1-2008
Title 15
Adult Institutions, Programs and Parole
§ 3701.1
§ 3625. Civil Addict Program Exclusion.
(a) A civil addict parolee or releasee who is determined by the depart-
ment to be unfit for the civil addict program shall be returned to the com-
mitting court with a recommendation to vacate the civil commitment.
(b) Such a determination may be based upon any of the following rea-
sons:
( 1 ) The person engaged in any of the following activities:
(A) Extensive criminal behavior.
(B) Serious criminal behavior unrelated to addiction or substance
abuse.
(C) Sales, or possession for sale, of drugs valued at more than $ 1 0,000.
(D) Repeated possession of a controlled substance in quantities con-
sidered excessive for personal use.
(E) A pattern of using or threatening to use force.
(2) The person commits an act which involved violence or the use of
a deadly weapon.
(3) The person refuses to participate in department-prescribed pro-
gramming.
(4) The person repeatedly absconds from supervision.
(5) The person continues in a pattern of criminal activity not likely to
change as a result of supervision.
(6) The person has a long-term medical or psychiatric problem which
renders them unsuitable for outpatient supervision.
(7) The person is not available for supervision because of deportation
or a felony commitment to a state or federal prison.
(8) The person has been at-large for more than six months and has a
prior conviction for violence, sales of drugs, robbery, or possession of a
weapons.
(9) The person has been at-large for more than 12 months.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 3053, Wel-
fare and Institutions Code; and Section 5054, Penal Code.
History
1 . Change without regulatory effect renumbering former section 3802 to new sec-
tion 3625 filed 7-30-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 31).
Article 1 1 . Illegal Aliens
§ 3630. Limitations of Parole Services.
(a) Pursuant to Section 41 1 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, (PRWORA) (8 U.S.C. Section
1621), and notwithstanding any other provision of Title 15, Division 3
of the California Code of Regulations, aliens who are not "qualified al-
iens" or "nonimmigrant aliens," as defined by federal law, or who are pa-
roled into the United States for less than one year, are ineligible to receive
or participate in the following parole services:
(1) Food coupons.
(2) Bus passes.
(3) Job placement services.
(4) Short-term cash assistance.
(b) Verification of immigration status is based on information fur-
nished to the Department by the United States Immigration and Natural-
ization Services prior to an inmate alien's release on parole.
(c) A determination that an alien is ineligible for the services specified
in subdivision (a) may be appealed as provided in Section 3084. 1 of these
regulations.
(d) All eligibility requirements contained herein shall be applied with-
out regard to race, creed, color, gender, religion, or national origin.
(e) For purposes of this section, an alien who, at the time he or she ap-
plies for, receives, or attempts to receive a parole benefit specified in sub-
section (a), is eligible for those benefits if he or she meets all of the condi-
tions of subparagraphs (1), (2), (3), and (4) below:
( 1 ) Has been battered or subjected to extreme cruelty in the United
States by a spouse or registered domestic partner or a parent, or by a mem-
ber of the spouse' s or registered domestic partner' s or parent' s family re-
siding in the same household as the alien, and the spouse or registered do-
mestic partner or parent of the alien consented to, or acquiesced in, such
battery or cruelty; or has a child who has been battered or subjected to
extreme cruelty in the United States by a spouse or registered domestic
partner or a parent of the alien, without the active participation of the
alien in the battery or cruelty, or by a member of the spouse's or registered
domestic partner's or parent's family residing in the same household as
the alien, and the spouse or registered domestic partner or parent cons-
ented to or acquiesced in such battery or cruelty.
(2) In the opinion of the Attorney General of the United States, which
opinion is not subject to the review of any court, there is a substantial con-
nection between such battery or cruelty and the need for the benefits pro-
vided.
(3) Has been approved or has a petition pending which sets forth a pri-
ma facie case, as enumerated in the Immigration and Nationality Act
(INA), for:
(A) Status as a spouse or registered domestic partner or child of a
United States citizen; or
(B) Suspension of deportation and adjustment of status; or
(C) Classification pursuant to clause (ii) or clause (iii) of Section
204(a)(1)(B) of the INA.
(D) Cancellization of removal pursuant to Section 240A(b)(2) of the
INA.
(4) For the period for which the benefits are sought, the individual re-
sponsible for the battery or cruelty, as stated in paragraph (e)( 1 ) does not
reside in the same household or family eligibility unit as the individual
subjected to the battery or cruelty.
NOTE; Authority cited: Section 5058, Penal Code. Reference: 8 U.S.C. Sections
1621, 1641 and 1642; Section 297.5, Family Code; and Section 5054, Penal Code.
History
1 . Change without regulatory effect renumbering former article 2 to new article 1 1
(section 3630) and renumbering former section 3815 to new section 3630 filed
7-30-2008 pursuant to section 100, title 1, California Code of Regulations
(Register2008, No. 31).
Article 12. Parolee Field Files [Reserved]
§ 3640. Parolee Field Files. [Reserved]
Article 13. Registration [Reserved]
§ 3650. Registration Notification. [Reserved]
§ 3651 . Penal Code Section 1 86.30 Registrants. [Reserved]
§ 3652. Penal Code Section 290 Registrants. [Reserved]
§ 3652.1 . Placement Restrictions for Penal Code Section
290 Registrants. [Reserved]
§ 3653. Penal Code Section 457.1 Registrants. [Reserved]
§ 3654. Health and Safety Code Section 1 1 590 Registrants.
[Reserved]
Article 14. Hormonal Chemical Treatment
for Sex Offenders [Reserved]
§ 3700. Medroxyprogesterone Acetate Treatment Program.
[Reserved]
§ 3701 . Medroxyprogesterone Acetate Treatment Advisory
Board. [Reserved]
§ 3701 .1 . Searches of Parolees. [Renumbered]
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054. Penal
Code; Sections 13920 and 13921, Government Code; People v. Giles, 233
Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocks 119
Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).
History
1. New section filed 6-29-93; operative 7-29-93 (Register 93, No. 27).
Page 188.98(a)
Register 2008, No. 31; 8-1-2008
§3702
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Change without regulatory effect renumbering former section 3701.1 to new
section 3600 filed 7-30-2008 pursuant to section 100, title 1. California Code
of Regulations (Register 2008, No. 31).
§ 3702. First Conviction of a Qualifying Offense.
[Reserved]
§ 3703. Second Conviction of a Qualifying Offense.
[Reserved]
§ 3704. Qualifying Offenses. [Reserved]
§ 3705. Beginning Treatment. [Reserved]
Note-. Authority cited: Section 5058. Penal Code. Reference: Sections 5054 and
5060, Penal Code.
History
1. New section filed 10-15-93; operative 1 1-15-93 (Register 93, No. 42).
2. Change without regulatory effect renumbering former section 3705 to section
3605 and reserving section 3705 filed 7-30-2008 pursuant to section 100, title
1, California Code of Regulations (Register 2008. No. 31).
§ 3706. Alternative to Medroxyprogesterone Acetate
Treatment. [Reserved]
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054. Penal
Code.
History
1. New section filed 10-15-93; operative 11-15-93 (Register93, No. 42).
2. Change without regulatory effect renumbering former section 3706 to new sec-
tion 3610 and reserving section 3706 filed 7-30-2008 pursuant to section 100,
title 1, California Code of Regulations (Register 2008, No. 31).
§ 3707. Administration of Medroxyprogesterone Acetate
Treatment Program. [Reserved]
Article 15. Discharge [Reserved]
§ 3720. Discharge Reviews. [Reserved]
§ 3721 . Discharge Review Reports. [Reserved]
§ 3721 .1 . Documenting the Discharge Review. [Reserved]
§ 3722. Annual Discharge Review Reports. [Reserved]
§ 3723. Parolee Rights. [Reserved]
Article 16. [Reserved]
§ 3730. [Reserved]
Article 17. Revocation or Limited
Placement Releases
§ 3740. Release from Revocation or Limited Placement.
Upon a parolee's release from local custody, their assigned parole
agent shall assist the parolee to return to their previous parole program
or to develop a new program.
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. Change without regulatory effect adding article 17 (section 3740) and renum-
bering former section 3605.5 to new section 3740 filed 7-30-2008 pursuant to
section 100, fitle 1, California Code of Regulations (Register 2008, No. 31).
§ 3751 . Criteria for Placement of a Parole Hold. [Reserved]
§ 3752. Factors to be Considered. [Reserved]
§ 3753. Review of a Parole Hold. [Reserved]
§ 3754. Reasons for a Parole Hold. [Reserved]
§ 3755. Transfer to Prison. [Reserved]
§ 3756. Length of a Parole Hold. [Reserved]
Article 19. Parole Violations and Reports
[Reserved]
§ 3760. General. [Reserved]
§ 3761. Reportable Information. [Reserved]
§ 3762. Reportable Information for Sex Offenders
Undergoing Chemical Treatment. [Reserved]
§ 3763. Investigation. [Reserved]
§ 3764. Parole Violation Report. [Reserved]
§ 3765. Supplemental Parole Violation Reports. [Reserved]
§ 3766. Recommendations. [Reserved]
Article 20. Revocation Proceedings
[Reserved]
§ 3770.
§3771.
§ 3772.
General. [Reserved]
Revocation Period. [Reserved]
Article 18. Parole Holds [Reserved]
§ 3750. Authority to Place a Parole Hold. [Reserved]
Division of Adult Parole Operations Review.
[Reserved]
§ 3801. Special Requirements of Civil Addict Release or
Parole. [Renumbered]
NotE: Authority cited: Section 5058, Penal Code. Reference: Sections 3151 and
3201(c), Welfare and Institutions Code; and Section 5054, Penal Code.
History
1. New section filed 10-15-93; operative 11-15-93 (Register 93, No. 42).
2. Change without regulatory effect renumbering former section 3801 to new sec-
tion 3620 filed 7-30-2008 pursuant to section 100, dtle 1, California Code of
Regulations (Register 2008, No. 31).
§ 3802. Civil Addict Program Exclusion. [Renumbered]
NOTE: Authority cited: Section 5058, Penal Code. Reference: Section 3053, Wel-
fare and Institutions Code; and Section 5054, Penal Code.
History
1. New section deemed approved pursuant to Government Code section
1 1349.3(a) 1 1-3-93; filed 1 1-5-93; operative 12-3-93 (Register 93, No. 45).
2. Change without regulatory effect renumbering former section 3802 to new sec-
tion 3625 filed 7-30-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 31).
§ 3815. Limitations of Parole Services. [Renumbered]
NOTE: Authority cited: Section 5058, Penal Code. Reference: 8 U.S.C. Sections
1621, 1641 and 1642; Section 297.5, Family Code; and Secfion 5054, Penal Code.
History
1. New article 2 (section 3815) and section filed 10-28-97; operative 1 1-27-97
(Register 97, No. 44).
2. Amendment of subsecfions (e)(1) and (e)(3)(A) and amendment of Note filed
10-16-2007; operafive 11-15-2007 (Register 2007, No. 42).
3. Change without regulatory effect renumbering former article 2 to article 1 1 and
renumbering former section 3815 to new section 3630 filed 7-30-2008 pur-
suant to secfion 100, title 1, California Code of Regulafions (Register 2008, No.
31).
•
Page 188.98(b)
Register 2008, No. 31; 8-1-2008
Title 15
Adult Institutions, Programs and Parole
§ 3901.5.2
Subchapter 7. Parole Hearings Division Article 2. Parole Hearing Panel Decisions
Article 1
Public Attendance at Parole
Hearings
§ 3901 .1 .1 . Visitors and Observers at Parole Hearings.
NOTf-;: Authority cited: Stats. 1992 , chapter 695, section 45. Reference: Section
Penal Code; and Section 1 11 20, Government Code.
History
1. New subchapter 7, article 1 and section filed 9-3-93; operative 9-3-93 pur-
suant to Government Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article I (sections
3901.1.1-3901.1.2) and repealing section filed 4-15-2003 pursuant to section
100, title 1, California Code of Regulations (Register 2003, No. 16).
3. Change without regulatory effect repealing subchapter 7 (sections
3901 . IJ -3901 .35.2) filed 7-8-2003 pursuant to section 1 00, title 1 , California
Code of Regulations (Register 2003, No. 28).
§ 3901 .1 .2. Media Representatives Attendance at Parole
Hearings.
NOTH: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056 and 3057, Penal Code; and Section 1 1 126, Government Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .3.1 . Effective Date and Review of Parole Hearing
Panel Decisions.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056 and 3057, Penal Code.
History
1. New article 2 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 2 (section 3901 .3. 1 ) and re-
pealing section filed 4-1 5-2003 pursuant to section 100, title 1 , California Code
of Regulations (Register 2003, No. 16).
Article 3. Parole Hearings Division Appeals
§ 3901 .5.1 . Parole Hearing Appeal Procedures.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1. New article 3 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 3 (sections
3901.5.1-3901.5.6) and repealing section filed 4-15-2003 pursuant to section
100, title 1. California Code of Regulations (Register 2003, No. 16).
§ 3901 .5.2. General Grounds for Parole Hearing Appeals.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
[The next page is 188.99.]
Page 188.98(c)
Register 2008, No. 31; 8-1-2008
Title 15
Adult Institutions, Programs and Parole
§3901.11.1
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to seclion 100. title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901.5.3, Filing a Parole Hearing Appeal.
NOTH; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060. Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93. No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title"] , California Code of Regulations (Register 2003, No. 16).
§ 3901.5.4. Parole Hearings Division Appeals Unit
Decisions.
NOTi:: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title I. California Code of Regulations (Register 2003, No. 16).
§ 3901 .5.5. Attorney Determination Appeals.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Reguladons (Register 2003, No. 16).
§ 3901.5.6. Expedited Parole Hearing Division Appeals.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title I, California Code of Regulations (Register 2003, No. 16).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
sectio^n 100, title K California Code of Regulations (Register 2003, No. 28).
Article 4. Multijurisdiction Regulations
§ 3901 .7.1 . Application of Regulations to Multijurisdiction
Prisoners and Parolees.
NOTE: Authority cited: Stats. 1992,chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1. New article 4 and secdon filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code secdon 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, dtle 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .7.2. Determination of Multijurisdiction Status.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Secdons
3056 and 3057, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 11 346.2(d) (Register 93. No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, dde 1, California Code of Reguladons (Register 2003, No. 16).
§ 3901 .7.3. Appeals for Multijurisdiction Prisoners and
Parolees.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Secdon
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repeaHng secdon filed 4-15-2003 pursuant
to section 100, dUe 1, California Code of Regulations (Register 2003, No. 16).
§ 3901.7.4. Appeals Coordinator Designation.
NoTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secdon
3060, Penal Code.
Article 5. Length and Conditions of Parole
§ 3901 .9.1 . Department Responsibilities.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Sections
3000 and 5077, Penal Code.
History
1. New article 5 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code secdon 1 1346.2(d) (Register 93. No. 36).
2. Change without regulatory effect repealing article 5 (sections
3901.9.1-3901.9.6) and secdon filed 7-8-2003 pursuant to secdon 100. dtle 1,
Cahfornia Code of Regulations (Register 2003, No. 28).
§ 3901 .9.2. Notice of Parole.
Note; Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Sections
3056, 3057, 3060 and 5077, Penal Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Government Code sec-
don 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, dtle 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .9.3. General Conditions of Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3060, 3060.5 and 12020, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, tide 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .9.4. Special Conditions of Parole.
Note: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secdons
290 and 457.1, Penal Code; and Section 1 1590, Health and Safety Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1 , California Code of Reguladons (Register 2003, No. 28).
§ 3901 .9.5. Waiver of Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Section
3000, Penal Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Government Code sec-
don 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing secdon filed 4-15-2003 pursuant
to secdon 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .9.6. Length of Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3000, Penal Code.
History
1 . New secdon filed 9-3-93 ; operadve 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secdon 100, title 1, California Code of Regulations (Register 2003. No. 16).
Article 6.
Reconsideration of Length and/or
Conditions of Parole
§ 3901 .11.1. Filing for Reconsideration of Length and/or
Conditions of Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000 and 5077, Penal Code.
History
1 . New article 6 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
Page 188.99
§ 3901.13.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Change without regulatory effect repealing article 6 (section 3901 . 11.1) and re-
pealing section llled4-13-2003 pursuant to section 100. title 1, California Code
of Reg^ulations (Register 2003, No. 16).
Article 7. Discharge
§ 3901 .1 3.1 . Discharge Review.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000 and 3001, Penal Code.
History
1. New article 7 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 7 (sections
3901.13.1-3901.13.3) and repealing section filed 4-15-2003 pursuant to sec-
tion 100, title 1, California Code of^ReguIations (Register 2003, No. 16).
§ 3901 .1 3.2. Early Discharge.
NOTK: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3000, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Regi.ster 2003, No. 16).
§ 3901 .1 3.3. Statutory Discharge.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3000, Penal Code.
History
1 . New secdon filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
Article 8. Multijurisdictional Regulations
§ 3901 .1 5.1 . Conditions of l\/lultijurisdiction Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secfions
3056, 3057 and 1 1 175, Penal Code.
History
1. New article 8 and secfion filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 8 (sections
3901.15.1-3901.15.5) and repealing section filed 4-15-2003 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .1 5.2. Reconsideration of Multijurisdiction Length
and Conditions of Parole.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056, 3057 and 1 1 175, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4—15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .1 5.3. Filing the Request for Multijurisdiction
Reconsideration.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056, 3057 and 1 1 175, Penal Code.
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901.15.4. Submitting Multijurisdiction Reconsideration
Request.
NotE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secfions
3056, 3057 and 1 1 175, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .1 5.5. Right to Multijurisdiction Appeal.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3056, 3057 and 1 1175, Penal Code.
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100. title'l , California Code of R^egulations (Register 2003, No. 16).
Article 9. Parole Hold Policy
§ 3901 .1 7.1 . Authority to Place Parole Hold.
NOTE: Authority cited: Stats. 1992, chapter 695. secfion 45. Reference: Sections
3056. 3057 and 1 1 175, Penal Code.
History
1. New arficle 9 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code secfion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 9 (sections
3901.17.1-3901 .17.7) and section filed 7-8-2003 pursuant to secfion 100, title
1, California Code of Regulafions (Register 2003, No. 28).
§ 3901 .1 7.2. Criteria for Placement of Parole Hold.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Section
3056, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
secfion 100, fitle 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 7.3. Parole Hold Considerations.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3056. Penal Code.
History
1 . New secfion filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 7.4. Review of a Parole Hold.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Section
3056, Penal Code.
History
1 . New secfion filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, titie 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 7.5. Reasons for Parole Hold.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Secfion
3056, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing secfion filed 7-8-2003 pursuant to
secfion 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 7.6. Return to Prison.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secfion
3056, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing secfion filed 4-15-2003 pursuant
to section 100, tifie 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .1 7.7. Length of Parole Hold.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secfion
3057, Penal Code.
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to Government Code sec-
fion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing secfion filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulafions (Register 2003, No. 16).
Page 188.100
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3901.21.9
Article 10. Parole Violations and Reports
§ 3901 .1 9.1 . Parole Violation Authority.
NOTH: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056 and 3057. Penal Code.
History
1 . New article 10 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without reeulatory effect repealing article 10 (sections
3901 . 19.1-3901 . 19.6) and section filed 7-8-2003 pursuant to section 100, title
1, California Code of Regulations (Register 2003, No. 28).
§ 3901.19.2. Behavior to Be Reported.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45; and Sections
295-300.3, Penal Code. Reference: Secfions 295-300.3, 3000. 3056, 3057 and
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Amendment of subsection (a)(8) and amendment of Noth filed 9-20-99 as an
emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code
section 5058(e) a Certificate of Compliance must be transmitted to OAL by
2-28-2000 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000
and filed 2-22-2000 (Register 2000, No. 8).
4. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 9.3. Investigation of Parole Violations.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000 and 3056, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 9.4. Parole Violation Report.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000 and 3056, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901.19.5. Supplemental Parole Violation Reports.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3063, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 28).
§ 3901 .1 9.6. Parole Violation Recommendations.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000, 3056, 3057, 3060 and 3060.5, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, titie C California Code of Regulations (Register 2003, No. 28).
Article 11. Revocation Proceedings
§ 3901 .21 .1 . Location of Revocation Hearings.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056 and 3057. Penal Code.
History
1 . New article 1 1 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .2. Revocation Period.
NoTE: Authoritv cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000 and 3057, Penal Code.
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to GovemmenI Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4—15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .3. Parole and Community Services Division
Review.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title C California Code of Regulations (Register 2003, No. 28).
§ 3901 .21 .4. Central Office Calendar.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000, 3056, 3057 and 3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, titie 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .5. Parole and Community Services Division
Regional Hearing Coordinator Notification.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3056 and 3057, Penal Code; and Gw^mm v. Scarpelli, 41 1 US 778 ( 1973).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .6. Central Office Hearing Coordinator
Notification.
NOTE; Authority cited: Stats. 1992. chapter 695, section 45. Reference: Sections
3056 and 3057, Penal Code; and Gagnon v. Scarpelli, 411 US 778 (1973).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .7. Revocation Process Time Limits.
Note: Authority cited: Stats. 1992. chapter 695, section 45. Reference: Sections
3000, 3056, 3057 and 3060, Penal Code; and Morrissey v. Brewer 408 US 471
(1972).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .8. Waiver of Hearing.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000, 3056, 3057 and 3060, Penal Code.
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .9. Prehearing Procedures.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000, 3056, 3057 and 3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4—15-2003 pursuant
to section 100, title^l, California Code of Regulations (Regi.ster 2003, No. 16).
Page 188.101
Register 2006, No. 49; 12-8-2005
§ 3901.21.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3901 .21 .1 0. Parolee Rights and Responsibilities at
Revocation and Revocation Extension
Hearings.
NOTi:: Authority cited: Stats. 1992, chapter 693, section 43. Reference: Sections
3042. 3063.3 and 3063.6, Penal Code; and Ga^mm v. Scarpelli 411 US 778
(1972).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-13-2003 pursuant
to section 100, title 1. California Code of R^egulations (Register 2003. No. 16).
§ 3901 .21 .1 1 . Prerevocation Proceedings.
NOTI-.: Authority cited: Stats. 1992. chapter 693, section 43. Reference: Section
3000, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-13-2003 pursuant
to section 100, fitlc'l, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .1 2. Revocation Hearing Procedures.
NOTE: Authority cited: Stats. 1992, chapter 695, section 43. Reference: Sections
3000. 3063.5 and 3063.6, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93. No. 36).
2. Change without regulatory effect repealing section filed 4-13-2003 pursuant
to section 100, title"], California Code of Regulations (Register 2003, No. 16).
§ 3901.21.13. Parole Revocation Hearing Disposition.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3000, 3036, 3057, 3060 and 3060.5, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-13-2003 pursuant
to secfion 100, fitlel , California Code of Regulations (Register 2003, No. 16).
§ 3901.21.14. Time in Custody.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 43. Reference: Secfions
3037 and 3060, Penal Code.
History
1 . New secfion filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatoi^ effect repealing section filed 4-15-2003 pursuant
to section 100, fitle^l, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .1 5. Time in Custody for Psychiatric Treatment.
Note: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, dtle 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .21 .1 6. Disposition of Holds at Hearings.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secfion
3057, Penal Code.
History
1 . New secfion filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2003, No. 16).
§ 3901.21.17. Revoked Parolees with New Commitments.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Secfions
3000, 3001 and 3057, Penal Code.
History
1 . New section filed 9-3-93 ; operafive 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatoi7 effect repealing section filed 4-15-2003 pursuant
to secfion 100, fifie 1, California Code of Regulations (Register 2003, No. 16).
Article 12. Revocation and Revocation
Extension Hearings Evidence
§ 3901 .23.1 . Admissible Evidence in Revocation and
Revocation Extension Hearings.
NOTE; Authority cited: Stats. 1992. chapter 695, secfion 45. Reference: Sections
3056 and 3057, Penal Code.
History
1 . New article 1 2 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 11 346.2(d) (Register 93, No. 36).
2. Chanee without regulatory effect repealing article 12 (sections
3901.23.1-3901.23.4) and repealing section filed 4-15-2003 pursuant to sec-
tion 100, fitle 1 , California Code of Regulafions (Register 2003, No. 16).
§ 3901.23.2. Documentary Evidence in Revocation and
Revocation Extension Hearings.
NOTE: Authority cited; Stats. 1992, chapter 695, secfion 45. Reference: Sections
3056 and 3057, Penal Code.
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93. No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, fitle 1, California Code of Regulations (Register 2003, No. 16).
§ 3901.23.3. Physical Evidence in Revocation and
Revocation Extension Hearings.
NOTE: Authority cited: Stats. 1992, chapter 693, secfion 45. Reference: Sections
3056, 3057 and 3060, Penal Code.
History
1 . New secfion filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
fion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .23.4. Witnesses in Revocation and Revocation
Extension Hearings.
NOTE; Authority cited: Stats. 1992, chapter 695, section 43. Reference: Morhsev
V. Brewer 40S US 471 (1972).
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-13-2003 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2003, No. 16).
Article 13. Subpoenas to Parole
Revocation and Revocation
Extension Hearings
§ 3901 .25.1 . Issuance of Subpoenas.
NOTE: Authority cited: Stats. 1992, chapter 693, secfion 45. Reference: Secfion
5058.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New article 13 and secfion filed 9-3-93; operafive 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 13 (sections
3901.25.1-3901.25.8) and repealing section filed 4-15-2003 pursuant to sec-
tion 100, tifie 1, California Code of Regulafions (Register 2003, No. 16).
§ 3901 .25.2. Request for Subpoenas.
NOTE; Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Secfion
5058.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing secfion filed 4-15-2003 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.3. Criteria for Issuance of Subpoenas.
NOTE: Authority cited: Stats. 1992, chapter 693, secfion 43. Reference: Section
5038.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
Page 188.102
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3901.27.12
2. Change without regulatory effect repeahng section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.4. Service of Subpoenas.
NOTl-:: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
5058.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section tiled 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion II 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to seclion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.5. Witness Obligation to Comply with
Subpoenas.
NOTE: Authority cited: Stats, 1992, chapter 695, section 45. Reference: Section
5058.5, Penal Code; and /;; re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.6. Quashing of a Subpoena.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
5058.5. Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.7. Subpoena Authority.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
5058.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .25.8. Subpoena-Related Appeals.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
5058.5, Penal Code; and In re Carroll 80 Cal.App.3d 22 (1978).
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to Government Code sec-
tion 11 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
•
Article 14. Attorney Assistance at Hearings
§ 3901 .27.1 . Attorney Assistance During Hearings.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 U.S. 778 (1972).
History
1. New article 14 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section II 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 14 (sections
3901 .27.1-3901 .27.12) and repealing section filed 4-15-2003 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.2. Request for an Attorney.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code
secfion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.3. Basic Test of Need for Attorney.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Secfions
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1. New section filed 9-3-93; operative 9-.3-93 pursuant to Government Code
secfion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.4. Presumption of Need for Attorney.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 ( 1972).
History
1. New section filed 9-3-93; operative 9-3-93 pursuant to Government Code
section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title 1 , California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.5. Ability to Speak for Self.
NOTE: Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
fion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, fitle 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.6. Preliminary and Final Hearings.
NOTE; Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code .sec-
fion 1 1346.2(d)(Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, tifie 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.7. Information Considered.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New secfion filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, tifie 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.8. Decision for Attorney Assistance.
NOTE; Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title'l, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.9. Indigent Prisoner or Parolee.
NOTE: Authority cited: Stats. 1992, chapter 695. secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New secfion filed 9-3-93 ; operafive 9-3-93 pursuant to Government Code sec-
fion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.1 0. Attorney Selection.
Note; Authority cited: Stats. 1992, chapter 695, secfion 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New secfion filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, tifie 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .27.1 1 . Hearing Panel Designation.
Note; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
History
1 . New section filed 9-3-93; operafive 9-3-93 pursuant to Government Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secfion 100, title 1 , Cafifomia Code of Regulations (Register 2003, No. 16).
§ 3901 .27.1 2. Attorney Assistance Appeals.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Sections
3057 and 3060, Penal Code; and Gagnon v. Scarpelli 41 1 US 778 (1972).
Page 188.103
Register 2006, No. 49; 12-8-2006
§ 3901.29.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatoi^ effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, CaHfomia Code of Regulations (Register 2003, No. 16).
Article 15. Warrants of Arrest
§ 3901 .29.1 . Authority to Issue Warrants.
NOTl-: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New article 15 and section filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 15 (sections
3901.29.1-3901.29.5) and repealing section filed 4--1 5-2003 pursuant to sec-
Uon 100, title 1, CaHfomia Code of Regulations (Register 2003, No. 16).
§ 3901 .29.2. Warrants Based on Parole and Community
Services Division Request.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
fion 11346.2(d)(Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, CaHfomia Code of Regulations (Register 2003, No. 16).
§ 3901 .29.3. Emergency Actions to Issue Warrants
(Off-Duty Hours).
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93 ; operative 9-3-93 pursuant to Government Code sec-
tion 11 346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repeaHng section filed 4-15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .29.4. Recall of Warrant.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-.3-93; operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to section 100, title 1, CaHfomia Code of Regulations (Register 2003, No. 16).
§ 3901 .29.5. State and National Warrant Systems.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3060, Penal Code.
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repeaHng section filed 4-15-2003 pursuant
to section 100, Htle 1, CaHfomia Code of Regulations (Register 2003, No. 16).
Article 16. Multijurisdiction Regulations
§ 3901 .31 .1 . Application of This Article.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Sections
3057, 3059, 3060, and 3064, Penal Code.
History
1 . New article 16 and secdon filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code secdon 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 16 (sections
3901.31.1-3901.31.4) and repealing section filed 4-15-2003 pursuant to sec-
don 100, title 1, California Code of Reguladons (Register 2003, No. 16).
§ 3901 .31 .2. Absconders from California.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secdons
3057, 3059, 3060 and 3064, Penal Code; and //; re Shapiro 14 Cal. App. 3d 71 1
(1975).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secdon 100, title 1, California Code of Regulations (Register 2003, No. 16).
§ 3901 .31 .3. Multijurisdiction Parolees Who Abscond.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Sections
3057. 3059, 3060 and 3064, Penal Code.
History
1 . New section filed 9-3-93: operative 9-3-93 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4-15-2003 pursuant
to secdon 100, title'l, California Code of R^egulations (Register 2003. No. 16).
§ 3901 .31 .4. Revocation of Multijurisdictional Parolees.
NOTE: Authority cited: Stats. 1992. chapter 695, section 45. Reference: Sections
3057, 3059, 3060 and 3064, Penal Code; and //; re Shapiro 14 Cal. App. 3d 711
(1975).
History
1 . New section filed 9-3-93; operative 9-3-93 pursuant to Government Code sec-
don 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repeaHng section filed 4-15-2003 pursuant
to section 100, tiUe'l , CaHfomia Code of Regulations (Register 2003, No. 16).
Article 17.
Parole Revocation Extension
Procedures
§ 3901 .33.1 . Parole Revocation Maximum Term.
NOTE: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Section
3057, Penal Code.
History
1 . New article 1 7 and section filed 9-3-93 ; operative 9-3-93 pursuant to Govern-
ment Code secdon 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 17 (sections
3901.33.1-3901.33.3) and repeaHng secdon filed 4-15-2003 pursuant to sec-
don 100, dde 1, California Code oflleguladons (Register 2003, No. 16).
§ 3901 .33.2. Release to Parole.
Note: Authority cited: Stats. 1992, chapter 695, secdon 45. Reference: Section
3057, Penal Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Govemment Code sec-
don 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repeaHng section filed 4-15-2003 pursuant
to secdon 100, tide 1, CaHfomia Code of Reguladons (Register 2003, No. 16).
§ 3901.33.3. Parole Violation Extension Procedures.
NOTE: Authority cited: Stats. 1992. chapter 695, secdon 45. Reference: Section
3057, Penal Code.
History
1 . New secdon filed 9-3-93; operative 9-3-93 pursuant to Govemment Code sec-
tion 11346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing section filed 4—15-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 16).
Article 18. Worktime Credits
§ 3901 .35.1 . Worktime Credits.
NOTE; Authority cited: Stats. 1992, chapter 695, section 45. Reference: Secdons
2931. 2932, 2933 and 3057, Penal Code.
History
1 . New article 1 8 and secdon filed 9-3-93; operative 9-3-93 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 93, No. 36).
2. Change without regulatory effect repealing article 18 (sections
3901.35.1-3901.35.2) and section filed 7-8-2003 pursuant to section 100, tide
1, California Code of Reguladons (Register 2003, No. 28).
§ 3901 .35.2. Non-Eligibility for Worktime Credits.
NOTE: Authority cited: Stats. 1992, chapter 695, section 45. Reference: Section
3057, Penal Code.
History
1 . New section filed 9-3-93; operadve 9-3-93 pursuant to Govemment Code sec-
tion 11346.2(d) (Register 93, No. 36).
Page 188.104
Register 2006, No. 49; 12-8-2006
Title 15
Adult Institutions, Programs and Parole
§ 3999.1.11
2. Change without regulatory effect repealing section filed 7-8-2003 pursuant to
section 100, title 1, California Code of Regulations (Register 2003, No. 28).
•
Subchapter 8. Pilot Programs
Article 1. Pilot Programs
§ 3999.1 .1 . Level IV Transfers.
NOTE: Authority cited: Section 5058(d), Penal Code. Reference Section 5058(d),
Penal Code.
History
1 . New subchapter 8, article 1 (section 3999.1 .1 ) and section filed 1 0-1-96; opera-
tive 10-1-96. Submitted to OAL for printing only as a pilot program pursuant
to Penal Code section 5058(d). (Register 96, No. 40). New section 3999.1.1
shall lapse by operation of law on August 13, 1998 unless formally adopted as
a regulation pursuant to Chapter 3.5 (commencing with Section 1 1340) of Part
1 of Division 3 of Title 2 of the Government Code.
2. Repealed by operation of law 8-13-98 (Register 98, No. 37).
§ 3999.1.2. Disability Placement Program.
NOTE: Authority cited: SecUon 5058(d), Penal Code. Reference: Section 5058(d),
Penal Code.
History
1. New section filed 12-12-96: operative 12-12-96. Submitted to OAL for print-
ing only pursuant to Penal Code section 5058(d) (Register 96. No. 50).
2. Change without regulatory effect repealing section filed 6-21-2005 pursuant
to secition 100, title 1 , California Code of Regulations (Register 2005, No. 25).
§ 3999.1.3. Pelican Bay State Prison Transitional Housing
Unit.
NOTE: Authority cited: Secfion 5058(d), Penal Code. Reference: Section 5058(d),
Penal Code.
History
1. New section filed 12-5-96; operative 12-5-96 pursuant to Government Code
section 1 1343.4(d). Submitted to OAL for prinfing only pursuant to Penal Code
section 5058(d) (Register 96, No. 49).
2. Change without regulatory effect repealing section filed 6-21-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 25).
§ 3999.1.4. Structured Punishment Work Detail Program.
NOTE; Authority cited: Section 5058(d), Penal Code. Reference: Section 5058(d),
Penal Code,
History
1. New section filed 2-9-98; operative 2-9-98. Submitted to OAL for printing
only pursuant to Penal Code section 5058(d), and will lapse two years after the
Department of Correcdons Director's certification dated 1-29-98 (Register 98,
No. 7).
2. Repealer filed 10-8-99; operative 9-1-99. Submitted to OAL for printing only
pursuant to Penal Code secfion 5058(d) (Register 99, No. 41).
§3999.1.7.
NOTE: Authority cited: Secfion 5058, Penal Code. Reference: Section 5054, Penal
Code.
History
1. New section, including attachments and forms, filed 11-30-2000; operative
1 1-30-2000. Submitted to OAL for printing only pursuant to Penal Code sec-
fion 5058(d), and will lapse by operation of law two years after the Director of
Corrections certificafion dated 10-16-2000 (Register 2000, No. 48).
2. Change without regulatory effect repealing section, including attachments and
forms, filed 6-27-2005 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 2005, No. 26).
§ 3999.1 .8. Pelican Bay State Prison Management of
Indecent Exposure incidents. [Repealed]
NOTE: Authority cited: Sections 5058 and 5058.1. Penal Code. Reference: Sec-
tions 290, 314 and 5054, Penal Code.
History
1 . New memorandum concerning the pilot program for management of indecent
exposure incidents at Pelican Bay State Prison and new section filed 3-1-2005:
operative 3-1-2005. Submitted to OAL for printing only pursuant to Penal
Code section 5058.1 (Register 2005, No. 9).
2. Amended section 3999.1.8 filed 5-16-2006; operative 5-16-2006. Submitted
to OAL for printing only pursuant to Penal Code section 5058.1(a) (Register
2006, No. 20). Amended section 3999.1.8 shall lapse by operation of law on
3-1-2007 pursuant to Penal Code section 5058.1(d) unless formally adopted as
a regulation pursuant to Chapter 3.5 (commencing with section 1 1340) of Part
1 of Division 3 of Title 2 of the Government Code.
3. Change without regulatory effect repealing section filed 10-22-2007 pursuant
to secfion 100, fitle 1, California Code of Regulations (Regi.ster2007, No. 43).
§ 3999.1 .9. Pelican Bay State Prison — Serious Rule
Violations. [Repealed]
NOTE: Authority cited: Sections 5058 and 5058.1 Penal Code. Reference: Sec-
tions 295-300.3, 530, 532, 646.9, 647, 653(m), 2931, 2932, 2933, 4573.6, 5054,
5068 and 12020, Penal Code.
History
1 . New secfion filed 3-1-2005; operative 3-1-2005. Submitted to OAL for print-
ing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Change without regulatory effect repealing section filed 10-22-2007 pursuant
to seclion 100, title 1, California Code of Regulations (Register 2007, No. 43).
§ 3999.1 .1 0. Pelican Bay State Prison — Segregated
Program Housing Units. [Repealed]
NOTE: Authority cited: Sections 5058 and 5058.1, Penal Code. Reference: Sec-
dons 530, 532, 646.9, 653(m), 932, 5054 and 5068, Penal Code.
History
1 . New secfion filed 3-1-2005; operative 3-1-2005. Submitted to OAL for print-
ing only pursuant to Penal Code section 5058.1 (Register 2005, No. 9).
2. Amended secfion 3999.1.10, subsection (b) filed 5-16-2006; operative
5-16-2006. Submitted to OAL for printing only pursuant to Penal Code section
5058.1(a) (Register 2006, No. 20). Amended section 3999.1.10, subsection (b)
shall lapse by operation of law on 3-1-2007 pursuant to Penal Code section
5058.1(d) unless formally adopted as aregulafion pursuant to Chapter 3.5 (com-
mencing with secfion 11 340) of Part 1 ofDivision 3 ofTitle 2 of the Government
Code.
3. Change without regulatory effect repeaUng secdon filed 10-22-2007 pursuant
to secdon 100, dtle 1, California Code of Regulations (Register 2007, No. 43).
§ 3999.1 .1 1 . Pelican Bay State Prison — Inmate Custody
Designations. [Repealed]
NOTE: Authority cited: Secdons 5058 and 5058.1, Penal Code. Reference: Sec-
dons 5054 and 5068, Penal Code.
History
1 . New secdon filed 3-1-2005; operadve 3-1-2005. Submitted to OAL for print-
ing only pursuant to Penal Code secdon 5058.1 (Register 2005, No. 9).
2. Change without regulatory effect repealing section filed 10-22-2007 pursuant
to secdon 100, dtle 1, California Code of Regulations (Register 2007, No. 43).
•
Page 188.105
Register 2007, No. 43; 10-26-2007
§ 3999.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 3999.2. Behavior Modification Unit Pilot Program.
Department of Corrections and Rehabilitation
ADMINISTRATIVE BULLETIN
Subject: REVISED BEHAVIOR
MODIFICATION UNIT
PILOT PROGRAM
Number:
05/02
Date:
November 21, 2005
This Administrative Bulletin (AB) announces changes to the California Department of Corrections and Rehabilitation (CDCR) Behavior Modifica-
tion Unit (BMU) Pilot Program. The BMU was implemented as a pilot program pursuant to Penal Code Section 5058. 1 on November 21 , 2005. The
pilot program provides alternate General Population (GP) housing and programming for those inmates who are deemed program failures, who partici-
pate in organized criminal activity (gang activity), who refuse to participate in racial integration, who refuse to double cell, who have been found
guilty of one or more serious Rules Violation Reports for "Indecent Exposure", and those released from the Administrative Segregation Unit/Security
Housing Unit (ASU/SHU). This will allow GP inmates desiring to program without violence or disruptive conduct to do so unaffected by a smaller,
more disruptive segment of the inmate population.
PURPOSE
The purpose of the program is to modify recalcitrant inmate behavior, eliminate and reduce the opportunity to repeat the behavior, and provide non
disruptive inmates the ability to program without continual interruption.
BACKGROUND
The CDCR has identified a need to take immediate and appropriate corrective action to prevent inmates from their involvement in disruptive behavior,
violence, or continued noncompliance with CDCR mles and regulations. Inmates who commit these acts shall be referred to a classification commit-
tee for review of appropriate housing and program placement.
PILOT PROGRAM INSTITUTIONS
The establishment of the pilot program shall be at the below Hsted institution:
High Desert State Prison
Upon completion of an initial implementation and evaluation period, the program will be phased in at other institutions as determined by the Secretary.
PILOT PROGRAM REQUIREMENTS
BMU placement consists of inmates identified in five separate categories:
1. PROGRAM FAILURE
Program failure, is defined by The California Code of Regulations (CCR), Title 15 Section 3000, as any inmate who generates a significant disciplin-
ary history within 1 80 days of the date of discovery for the most current rule violation report. A guilty finding for two Serious Rules Violation Reports
or one serious and two Administrative Rules Violation Reports within 180 days is reasonable evidence of a significant disciplinary history and may
be considered a program failure. Upon determination that an inmate meets the definition of a program failure, staff will notify the Correctional Coun-
selor II (CCII) of the respective facility via CDC-128-B1 Notice of Classification. A Unit Classification Committee (UCC) will then review the
inmate for placement in the BMU.
2. SHUable OFFENSE Per CCR 3341.5
If the inmate has been found guilty of an offense for which a determinate term of confinement has been assessed, or is deemed to be a threat to the
safety of others or the security of the institufion, the inmate may be referred to a classificadon committee for placement in the BMU.
Inmates currently serving a determinate SHU term whose in-custody behavior reflects a propensity towards disruptive conduct, which otherwise
would not be eligible for additional SHU term assessment, shall be considered by Institutional Classification Committee (ICC) for placement in the
BMU.
CDCR 1184 (Rev. 07/05)
Prior to release from the ASU/SHU, the ICC shall review the circumstances of the disciplinary offense and the inmate's behavioral history and deter-
mine if placement in the BMU is appropriate.
[The next page is 188.115.]
Page 188.106
Register 2007, No. 43; 10-26-2007
Title 15 Adult Institutions, Programs and Parole § 3999.2
3. ORGANIZED CRIMINAL ACTIVITY
Any pattem of behavior which indicates an individual's participation in organized criminal activity shall be grounds for placement in the BMU. Orga-
nized criminal activity is defined as behavior which indicates an inmate's participation in a prison gang or street gang. Examples of this type of behav-
ior include, but are not limited to:
• Participating in gang related riots.
• Participating in gang related batteries or physical assaults.
• Distribution of property, material, or items in an effort to generate revenue for the purpose of financing/furthering the prison gang or street
gang's illegal activity (e.g. daig trafficking, extortion, etc).
• Evidence of attempts to recruit others to participate in prison gang or street gang activities.
• Participating, directly or indirectly, in any misconduct that could be related to a specific type of gang behavior (e.g. cadence, flagging, sagging,
possession of gang graffiti, etc).
4. REFUSAL TO DOUBLE CELL OR PARTICIPATE IN THE DEPARTMENT'S RACIAL INTEGRATION PROGRAM.
Inmates who are determined to be compatible with another inmate and refuse to voluntarily double cell or who refuse to participate in the racial in-
tegration policy as defined in the Johnson v. State of California settlement agreement are subject to placement in the BMU program
5. INDECENT EXPOSURE
Inmates found guilty of one or more serious Rules Violation Reports for "Indecent Exposure" may be eligible for BMU placement.
CLASSIFICATION HEARING COMMITTEE
The ICC or UCC is responsible for the placement of eligible inmates into the BMU Program. Inmates who meet the criteria for placement in the BMU
Program shall be placed in Work Group C and Privilege Group C. Initial placement shall be for a minimum of 90 days. Subsequent BMU placements
shall be for a minimum of 1 80 days.
The UCC shall be responsible for establishing the inmates Individualized Treatment Plan (ITP) within 14 days of placement into BMU. The ITP will
be based on each inmate's reason(s) for placement.
The UCC shall be responsible for providing the inmate with a notification of the rules and intent of the BMU Program. The CDC-128-G, Classifica-
tion Chrono, must clearly state that the inmate was informed of the reason for placement, the length of placement, and any additional action the inmate
must take to be removed from the BMU. All inmates placed in the BMU will have an Administrative Determinate applied, which will be coded as
(M) on the CDC Form 840. This (M) code will be used for tracking purposes.
HEARINGS/INTERVIEWS
All CDC-1 15 hearings, classification, and interviews will be conducted in Facility BMU buildings.
INMATE TRANSFERS
Inmates placed in the BMU are ineligible for a non adverse transfer until released from the BMU. Exceptions to this prohibifion include transfers
required for security, such as placement in an ASU or SHU, transfers due to enemy concerns, as well as temporary out-to-court (OTC) or out-to-med-
ical (OTM) purposes.
When an inmate must temporarily transfer OTC or OTM, the assessed BMU placement shall continue to apply until expired.
When an inmate must permanently transfer for reasons other than OTC or OTM, existing classification regulations and policies shall apply.
MANDATORY DRUG TESTING
All inmates placed in the BMU must submit to mandatory drug testing. All inmates must provide a minimum of one random drug test per month
while assigned to the BMU.
MONTHLY STATUS REPORT
A monthly status report will be submitted to the Deputy Director of Adult Institutions via the Associate Director of High Security. This report will
reflect pertinent BMU staUstics (i.e. the number of Incident Reports, Rules Violation Reports, Inmate Appeals) and the number of inmates participat-
ing in each step of the program.
CDCR 1184 (Rev. 07/05)
Page 188.115 Register 2006, No. 49; 12-8-2006
§ 3999.2 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
STEP PROCESS/ PRIVILEGES
Step 1: Initial Placement — Work Group C and Privilege Group C status: Authorized emergency phone calls only, one quarter montWy canteen
draw allowance, a minimum of ten ( 10) hours per week of out-of-cell time which includes dayroom, workshops, and self help group activi-
ties as limited by physical design, local institution security and facility needs. Out-of-cell time is limited to contact with BMU inmates and
non contact visits. If the inmate meets the goals of the ITP, he will graduate to Step 2.
Step 2: Work Group C and Privilege Group C status: One ( 1 ) phone call per month, one half monthly canteen draw allowance, a minimum of ten
( 1 0) hours out-of-cell time per week, which includes dayroom, workshops, and self help group activities as limited by physical design, local
institution security and facility needs and non contact visits. If the inmate meets the goals of the ITP, he will graduate to Step 3.
Step 3: Work Group B and Privilege Group B status: Inmate assigned into a half time work assignment in BMU only. One (1 ) phone call per month,
one-half monthly canteen draw allowance, a minimum of ten ( 1 0) hours out-of-cell time per week, which includes yard, dayroom, work-
shops, and self help activities as limited by physical design, local institution security and facility needs, and contact visits. If the inmate meets
the goals of the ITP, he will graduate to Step 4.
Step 4: Upon completion of the ITP, inmates will be returned to traditional GP housing.
FIRST BMU PLACEMENT
90 day BMU placement beginning the date of the ICC or UCC action.
All unauthorized property, including appliances, shall be disposed of as provided in CCR, Section 3191(c).
Work Group C effective the date of placement into the BMU for a minimum of 90 days.
Inmate must submit a written request to their assigned Correctional Counselor I (CCI) to appear before the UCC for consideration for removal
from the BMU.
Inmate must remain disciplinary free during the BMU placement period.
Additional conditions of release as imposed by UCC.
SUBSEQUENT BMU PLACEMENTS
1 80 day BMU placement beginning the date of the ICC or UCC action.
All unauthorized property, including appliances shall be disposed of as provided in CCR, Section 3191(c).
Work Group C effective the date of placement into BMU, for a minimum of 180 days.
Inmate must submit a written request to the assigned CCI to appear before the UCC for consideration for removal from the BMU.
Inmate must remain disciplinary free during the BMU placement period.
Additional conditions of release as imposed by the UCC.
In each case of BMU placement, release from the BMU is based upon completion of the term assessed by the appropriate classification committee
and compliance with additional terms and conditions.
Inmates retained in the BMU for failure to meet additional conditions of release shall have their status reviewed every 30-days by the UCC. All
inmates entering the BMU will be designated as Work Group C and Privilege Group C effective the date of placement. The BMU UCC will complete
an initial assessment and develop an ITP with necessary educational programs.
The UCC will inform the inmate he must remain disciplinary free and complete the ITP as directed before being released from the BMU. The ITP
may include, but is not limited to, completion of anger management programs such as Breaking Barriers and Cage Your Rage, as well as, participation
in other self help groups. The inmate must remain disciphnary free during the entire program. If the ITP has been completed, or significant progress
has been made, the inmate will graduate to the next step as authorized by the UCC.
The BMU UCC review will determine if the inmate has successfully completed requirements, failed to meet requirements, or is eligible to graduate
to the next step. Inmates retained will have a follow up review date with requirements to meet before their next BMU UCC.
OVERVIEW OF FACILITATED TREATMENT, EDUCATIONAL AND SELF-HELP GROUPS
Based on the reason for placement, each ITP may include one or more of the following programs:
• A FRAMEWORK FOR BREAKING BARRIERS
A Frameworkfor Breaking Barriers: A Cognitive Reality Model is a video training series designed for use with men and women who are in correction-
al settings. The series is very effective at creating within its participants, an awareness that change is possible and then providing tools to develop
cognitive thinking skills so change can take place. The sessions in this video series lead participants to recognize that controlling how we think is
a leamable process. The series is application driven by workshops following each session. The workshops provide hands-on practice in using the
concepts on a daily basis. A Frameworkfor Breaking Barriers: A Cognitive Reality Model is designed to be conducted by on-site facilitators.
CDCR 1184 (Rev. 07/05)
Page 188.116 Register 2006, No. 49; 12-8-2006
Title 15 Adult Institutions, Programs and Parole § 3999.2
Author: Gordon Graham & Company, Inc.
Duration: 17 video/workbook sessions, approximately 1-1.5 hours in length each.
• CAGE YOUR RAGE
Cage Your Rage — An Inmate 's Guide To Anger Control helps offenders recognize their angry feelings, learn their causes, and deal with them in
a new way, a responsible way, probably not the way they learned to deal with them in the past. The book's easy-to-read style and workbook format
make it an ideal self study program for offenders. According to Carol Travis, author of the book. Anger; The Misimderstood Emotion, incarcerated
individuals often have a problem controlling their emotions. Cage Your Rage is based on an anger management program developed at Saskatchewan
Penitentiary and used successfully at several other Canadian institutions. The author, Murray Cullen, is the Correctional Psychologist who developed
the program.
Author: Murray Cullen
Duration: 92 page, 4 chapter workbook. Takes approximately 2 weeks to complete.
• A FRAMEWORK FOR RECOVERY
A Framework for Recovery is a video based training series designed for men and women who face the challenge of overcoming a substance abuse
problem. The series provides a framework of concepts and techniques that focus on the underlying barrier to recovery. A Framework for Recovery
provides critical thinking skills that assist the participant in making lifestyle changes that are necessary for long term recovery. The core program
consists of 12 tapes (from 15-20 minutes each).
The series is application driven by workshops that provide hands on practice in using the concepts on a daily basis. A Framework for Recovery is
designed to be conducted by men and women trained as on site facilitators.
Author: Gordon Graham & Company, Inc.
Duration: 12 sessions with workbooks and videos. Takes approximately 3 weeks to complete.
• ALCOHOLICS ANONYMOUS
Alcoholics Anonymous (AA) is a worldwide fellowship of more than 100,000 alcoholic men and women who are banded together to solve their
common problems and to help fellow sufferers in recovery from that age-old, baffling malady, alcoholism. AA is based on a 12 step program. These
steps are a group of principles, spiritual in nature, which, if practiced as a way of life, can expel the obsession to drink and enable the sufferer to become
happily and usefully whole.
AA is not affiliated with any other organizations. There are no initiation fees or dues or pledges to sign. Anyone may join regardless of age, race,
sexual identity, creed, religion, or lack of religion.
• NARCOTICS ANONYMOUS
Narcotics Anonymous (NA) is a non-profit fellowship or society of men and women for whom drugs had become a major problem, who meet regular-
ly to help each other stay clean. This is a program of complete abstinence from all drugs. There is only one requirement for membership, the desire
to stop using. The program is a set of principles written so simply that inmates can follow them in their daily lives. The most important thing about
them is that they work.
There are no strings attached to NA. NA is not affiliated with any other organizations, does not have any initiation fees or dues, no pledges to sign,
no promises to make to anyone. NA is not connected with any political, religious, or law enforcement groups, and is under no surveillance at any
time. Anyone may join regardless of age, race, sexual identity, creed, religion, or lack of religion.
A future self help/educationai program will be developed for those inmates who refuse to participate in racial integration or who refuse to
double cell.
AUTHORIZED BMU PROPERTY
Authorized BMU property will be sent to the BMU with the inmate and noted on the CDC- 1083, Inmate Property Inventory Form. Inmates placed
into the BMU from ASU will send a GA-22, Inmate Request For Interview, to the designated institutional Property Officer requesting any additional
allowable property and/or authorized legal property.
Inmates in the BMU may not possess any personal clothing, with the exception of athletic shoes and shower shoes. Authorized State issued clothing
is outlined in Department Operations Manual (DOM), Section 54090.6. If property items are received at the institution that do not meet BMU specifi-
cations, the items will be returned to the sender at the inmate's expense. Property items found in the inmate's possession, which are not allowed or
exceed specified limits, will be confiscated and treated as unauthorized property as outlined in the CCR, Section 3191(c).
The allowable property will not exceed six (6) cubic feet per the CCR, Section 3190. Only the below listed items are authorized to be possessed by
inmates assigned to the BMU. These items may have been purchased through canteen, brought from another institution, and/or received through the
mail in accordance with current departmental and institutional rules and regulations.
CDCR 1184 (Rev. 07/05)
Page 188.117 Register 2006, No. 49; 12-8-2006
§ 3999.2 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
Wedding Band one (plain metal only)
Soft cover religious material, dictionary one each
Prescription eyeglasses, clear lens only one each (as prescribed by a physician)
Athletic shoes one pair
Shower shoes one pair
Lined paper tablet one each
Embossed envelopes 15
Legal material as authorized
Canteen items not to exceed one month's draw by privilege group
READING MATERIALS
BMU inmates will be allowed the same recreational reading materials as is allowed to all A or B Privilege Group inmates. All issued allowable recre-
ational reading materials are to be kept inside the cell and will be issued on a one-for-one exchange for each inmate assigned to the cell.
The following are the recreational reading materials allowed inside of the cell:
Newspaper one per inmate (one-for-one exchange)
Magazine one per inmate (one-for-one exchange)
HDSP Library books per recreational library policy
The exchanged recreational reading material will be sent home at the inmate's expense or donated per the CCR, Section 3191.
The following are the reading materials allowed inside the cell in addition to the one-for-one exchange as previously noted in the Personal Property
Request Form.
Religious material one only per inmate (soft cover only)
Dictionary one only per inmate (soft cover only)
In addition to the above listed property, BMU inmates are authorized to possess in-cell study program documents associated with the ITP defined
by UCC.
RELIGIOUS SERVICES
All religious services will be conducted in-cell or in the designated BMU as limited by physical design, local institution security, and facility needs.
CANTEEN
BMU inmates will be allowed only one ( 1 ) draw per month. Canteen card orders may be submitted for up to $45.00 for Privilege Group C and $90.00
for Privilege Group B.
Canteen ducats will normally be passed out by the BMU Officer. The Facility BMU Officer will collect and deliver the CDC-184, Canteen Draw
Order Forms, to the Facility Canteen for the Facility BMU.
After submitting the CDC-184, the Canteen will generate an approved list. The Officer will give only the approved inmates the canteen order forms.
BMU staff will collect and review the canteen requests. The requests will be taken to the appropriate Canteen where the order will be filled. Canteen
orders will be picked up by unit staff and delivered to the buildings. Inmates will be required to sign the order slip for canteen items received upon
issuance.
The Canteen Supervisor will notify the BMU staff when the canteen orders are ready to be picked up and delivered to the BMU inmates. Canteen
orders will be confirmed by the BMU Officer along with the Canteen Supervisor and then delivered to the inmate. The inmate and Officer will invento-
ry the items and confirm the charges with the sales receipt. If the order is correct, the inmate will sign the Canteen Order Form, which will be returned
to the Canteen.
MEALS
Inmates assigned to the BMU will receive the same meals as all inmates assigned to the GP. Two hot meals (breakfast and dinner) and one sack lunch
will be served daily. BMU inmates will have no physical contact with GP inmates.
MAIL
All inmate mail will be processed per departmental and institutional procedures. All incoming mail (including legal mail) will be delivered by the
Mailroom, Monday through Friday consistent with delivery of mail to general population inmates. All outgoing mail (including legal mail) will be
picked up from inmates on Monday through Friday and delivered to the mailroom for processing.
PACKAGES
Quarterly/Annual packages are authorized for receipt by inmates housed within the BMU in accordance with their privilege group status.
CDCR 1184 (Rev. 07/05)
Page 188.118 Register 2006, No. 49; 12-8-2006
Title 15 Adult Institutions, Programs and Parole § 3999.2
LIBRARY
The Facility Library will provide services to inmates assigned to the BMU. The Librarian will ensure that the EMU staff receives an updated leisure
reading catalog for review by the assigned inmates.
Inmates will complete a Book Request Form delineating the requested books. The Book Request Forms will be collected by BMU staff. Book returns
will also be collected at the same time.
When requesting books, inmates will also submit a signed CDCR-1 93, Trust Account Withdrawal Form, which will be returned by the librarian when
the books are returned.
The assigned Officer will hand carry the book request and returned books to the library. Once the requests have been filled by the Librarian, the BMU
staff will retrieve and issue the items to the inmates. Inmates will be allowed to check out one ( 1 ) book for two weeks. Inmates will be held responsible
for lost or damaged books. Lost or damaged books will result in a CDC-1 15 and appropriate disciplinary action, which may include withdrawal of
funds and loss of library privileges.
LEGAL LIBRARY
Any inmate housed in the BMU may utilize the library on specific days by completing a Law Library Access Request Form.
Access Forms will be available in all housing units and issued by the BMU staff who will forward the request to the Facility Library Technical Assis-
tant, who will then verify the inmate's legal status.
An index of available legal books and materials will be posted in the Facility Law Library. All available resources are provided upon request. Inmates
requesting to utilize the copy service will fill out a Law Library/Copy Request Form and a CDC-1 93, Trust Account Withdrawal Form. Indigent
inmates are also required to fill out the forms.
HEALTH CARE SERVICES
The Registered Nurse will screen all CDC-7362, Health Services Request Forms, and determine the priority to see the physician. Inmates will be
ducated to medical appointments as needed. A Medical Technical Assistant (MTA) will conduct daily rounds in the BMU. The MTA will also collect
the Health Care Services Request Forms at this time.
DENTAL SERVICES
The inmate will request to see a dentist by completing a CDC~7362, Health Care Services Request Form. The dentist will be informed of the inmate's
request and will schedule appointments as required.
MEDICATION
All medication to be issued for the day will be dispensed by the MTAs making scheduled rounds.
PSYCHIATRIC TREATMENT
Mental Health services may be obtained by the inmate's submission of a CDC-7362, Health Care Services Request Form, or through staff referrals.
SHOWERS
Inmates housed within the BMU will be afforded the opportunity to shower during authorized dayroom periods.
VISITS
BMU inmates are permitted visits with their approved visitors. All visits for Step 1 and 2 inmates will be non contact, which includes attorney visits.
Inmates at Step 3 will be afforded contact visits.
ASSIGNMENTS
Work assignments for BMU housed inmates are limited to building porters.
Please inform all concerned persons of this AB. This Pilot Program shall remain in effect for a 24 month period beginning November 21. 2005,
through November 21 , 2007, at which time it will lapse by operation of law or will be promulgated through the Administrative Procedures Act. Please
direct any inquiries regarding this Bulletin to Tom Felker, Warden (A), High Desert State Prison at (530) 251-5050.
JOE McGRATH
Chief Deputy Secretary
California Department of Corrections and Rehabilitation
CDCR 1184 (Rev. 07/05)
NOTE: Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, HISTORY
Penal Code. 1. New section 3999.2 (Administrative Bulletin 05/02) filed 1 1-21-2005; opera-
tive 1 1-21-2005. Submitted to OAL for printing only pursuant to Penal Code
Page 188.119 Register 2007, No. 6; 2-9-2007
§ 3999.3 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
section 5058.1(a) (Register 2005, No. 47). New section 3999.2 shall lapse by erative 5-16-2006. Submitted to OAL for printing only pursuant to Penal Code
operation of law on 11-21-2007 pursuant to Penal Code section 5058.1(d) un- section 5058.1(a) (Register 2006, No. 20). Amended section .3999.2 shall lapse
lessformally adopted as a regulation pursuant to Chapter 3.5 (commencing with by operation of law on 11-21-2007 pursuant to Penal Code section 5058.1(d)
section 1 1 340) of Part 1 of Division 3 of Title 2 of the Government Code. unless formally adopted as a regulation pursuant to Chapter 3.5 (commencing
2. Amended section 3999.2 (Administrative Bulletin 05/02) filed 5-16-2006; op- with section 1 1340) of Pail 1 of Division 3 of Title 2 of the Government Code.
§ 3999.3. Transfer of Inmate Assessment Responsibilities Pilot Program.
INSTRUCTIONAL MEMORANDUM
Date : January 29. 2007
To : Dawn Davison
Warden
California Institution for Women
Robert Hernandez
Warden Richard J. Donovan Correctional Facility
Subject : PILOT PROGRAM FOR THE TRANSFER OF ASSESSMENT RESPONSIBILITIES FROM THE CALIFORNIA DEPART-
MENT OF CORRECTIONS AND REHABILITATION TO COUNTY PROBATION DEPARTMENTS
PURPOSE
This Instructional Memorandum announces the establishment and implementation of the California Department of Corrections and Rehabihtation
(CDCR) County Assessment Program at Richard J. Donovan Correctional Facility (RJD) and California Institution for Women (CIW), effective
February 5, 2007. The purpose of the program is to prepare and enhance nonviolent felony offenders' successful reentry into the community.
BACKGROUND
Currently, Penal Code (PC) Section 1203, et seq. (PC § 1203) provides that when a defendant is convicted of a felony, the sentencing judge orders
the probation department to prepare a report to assist the judge in making a number of sentencing choices. The depth and breadth of such reports
vary from county to county. Existing law requires that a copy of the probation presentence report be provided to CDCR.
CDCR is mandated to provide assessments of every offender upon his or her reception into CDCR. Based on these assessments CDCR classifies
prisoners, and when reasonable, assigns them to the institution of the appropriate security level and gender population nearest their home. Currently,
the assessments conducted include, but are not limited, to reading and math testing, as well as medical, dental, and mental health screenings.
Senate Bill (SB) 618 added PC § 1203.8, which allows for the CDCR to transfer the responsibility of the preparation of an offender's risk and needs
assessment preparation to the county probation department and courts at three sites statewide. CDCR will provide offenders all programs pursuant
to the sentencing court' s recommendation to the extent feasible. In order to promote a successful return to the community, PC § 1 1 70(a)(2) encourages
CDCR to give priority program enrollment to promote successful return to the community to an inmate with a short remaining term of commitment
and a release date that would allow him or her adequate time to complete the program.
CDCR shall complete all medical assessments of SB 618 participants in accordance with Plata guidelines.
PROGRAM COMPONENTS
Eligibility Criteria. To be eligible to participate in SB 618 program activities, an offender must:
Be convicted of a nonviolent felony (no convictions under PC § 667.5 (c)).
Be a San Diego County resident at the time of his or her conviction (county of last legal residence).
Sentenced to between 7 and 72 months in State prison.
Be able to live independently in General Population (GP) at RJD/CIW.
Have a CDCR Classification Score below 52 points.
Exclusionary Criteria. An offender is excluded from the program if they:
Are a validated gang or disruptive group member or associate.
Have any history of crime where the offender's victim suffered death, disability, or serious injury.
Have any history of sex or arson offenses.
Have USICE (United States Immigration and Customs Enforcement) holds from countries without immigration treaties, i.e., Cuba, Vietnam,
Cambodia, etc.
Possess outstanding, active, or potential felony holds from other jurisdictions.
Qualify for participation in Proposition 36 (PC § 1210).
Page 188.120 Register 2007, No. 6; 2-9-2007
Title 15 Adult Institutions, Programs and Parole § 3999,3
Discretionary Factors.
• Prior convictions for PC § 667.5 (c). While any prior conviction for PC § 667.5 (c) will be screened for exclusion on a case-by-case basis, potential
participants out of custody for at least five years without committing another violent crime before committing the current offense may be eligible
for participation (Five-Year Washout).
• Repeat offenders. Repeat offenders are not excluded from consideration for participation in SB 618.
• Parole violators. Parole Violators With a New Term (PVWNT) who were SB 6 1 8 participants before parole are not excluded from consideration
for participation in SB 618.
Program Overview. Under its multi-agency plan, San Diego County will assume Reception Center (RC) processing with added assessments in the
area of vocational counseling and substance abuse. From these assessments, a "Life Plan" will be developed for each volunteer participant that will
be used, to the extent possible, during the period of incarceration for programming and rehabilitative purposes, ultimately to prepare the participant
for successful reintegration into society. It is anticipated that this program will serve up to 264 offenders annually. This plan includes four key compo-
nents:
1. County assumption of RC processing with added assessments in the area of vocational counseling and substance abuse (with the exception of
medical services subject to receivership in the Plata court case).
2. The development of a "Life Plan" for each participant, which provides a roadmap for gaining the necessary skills and abilities.
3. Prison Case Management to coordinate in-prison and pre-release services.
4. Community Case Management, which helps participants to receive postrelease "wraparound services" as a means to break the costly recidivism
cycle.
Under this plan, eligible nonviolent offenders sentenced to prison in San Diego County are sent to George Bailey Main Jail (men) or to Las Colinas
(female) detention centers in the county. While there, offenders shall undergo risk and needs assessments, and a program plan recommendation ("Life
Plan") shall be developed for use during the period of incarceration. Upon completion of the assessment stage, participants shall be transferred to
CDCR institutions located within, or near, San Diego County: RJD and CIW. The prison case managers and the community case managers shall work
in collaboration to ensure that the participant receives all available programming and services necessary to fulfill the "Life Plan," and coordinate
for services during the period of reintegration. SB 618 participants arriving from San Diego County at CIW and RJD shall continue to receive Plata
medical assessments (within mandatory time frames) by institution medical personnel.
Case Handling Procedures. A step-by-step example of how an offender should proceed through the SB 618 model in San Diego:
1 . Offender arrested, charges filed.
2. District attorney (DA) conducts preliminary screening for SB 618 eligibility using nonviolent offender criteria.
3. Offender idenfified as a possible SB 61 8 participant. DA, pubUc defender (PD), and court confirm SB 61 8 eligibility; offender agrees to partici-
pate in program.
4. Court refers case to probation for presentence investigation, multi-disciplinary assessment, and development of the SB 618 Life Plan. Sentenc-
ing is set 28 days out, post conviction.
5. Within three working days of court referral, sheriff completes appropriate processing and transports participant to SB 61 8 unit at George Bailey
or Los Colinas for initial screening and multi-disciplinary assessments.
6. Probation officer completes an initial screening and coordinates a Multi-Disciplinary Team (MDT) assessment process.
7. Within 14 days of court referral, the MDT discusses the assessment results and develops the SB 618 Life Plan.
8. Within 21 days of court referral, the probation officer includes the SB 618 Life Plan in the presentence report.
9. Court affirms the SB 618 Life Plan recommendations and sentences the participant to State prison.
10. Within four working days of sentencing, sheriff transports the participant to RJD (male inmates) or CIW (female inmates) for placement.
1 1 . In-Prison case management, CDCR Plata medical assessments and suggested rehabilitative programs to be provided by RJD and CIW to SB
618 participants.
12. All participants will be subject to random drug testing.
13. Six months prior to release, the Community Case Manager meets with the participant, parole representative, and Prison Case Manager to devel-
op the strategy for community reentry.
14. One month prior to release, the Community Case Manager finalizes the exit plan with the participant.
15. The participant is released to community.
16. Aftercare is coordinated by a Community Case Manager.
Page 188.121 Register 2007, No. 6; 2-9-2007
§ 3999.3 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
A. Dental Processing
County Correctional Facility dental health staff shall complete the dental screening according to the Inmate Dental Services Policy and Procedures
(IDSP&P) and the Perez Stipulation Order at their site. The Dental Quality Management Assessment Team (QMAT) staff or designee shall sched-
ule necessary training for local County Correctional Facility dental health staff on-site at local County Correctional Facilities. The CDCR Dental
QMAT program shall distribute materials as necessary for further processing and shall also make timely reports of this procedure to the Dental
Health Subcommittee. County Correctional Facility dental health staff shall monitor the timeliness of all clinical screens and evaluations by utiliz-
ing a Quality Assurance process and report details monthly to the CDCR Dental QMAT Program.
B. Medical Processing:
After the inmate arrives at the institution's RC, CDCR medical staff shall complete the history and physical exam.
C. Mental Health and Developmental Processing:
The RC Senior Psychologist Supervisor will schedule necessary training for County Correctional Facility mental health staff. Training will be
held on-site at the institution. County Correctional Facility mental health clinicians will observe RC staff during one or two half-day sessions.
Following this period of observation. County Correctional Facility mental health staff will complete screens. Mental Health Assessment (CDCR
Form 7386), Developmental Disability (DD) evaluations (Quick Test, Test on Non-verbal Intelligence [TONI], General Ability Measure for
Adults [GAMA]), and Phase III interview at their site. After receiving the completed exams and screenings from county staff, CDCR institution
psychology staff will monitor and review adequacy of the material received. The Senior Psychologist will distribute materials for further proces-
sing and assignment of chnical case managers as necessary and will also make timely reports of this procedure to the Mental Health Subcommittee.
D. Identification of SB 618 Program Participants and the Reception Center Processing: Nonviolent offenders [no convictions under PC § 667.5 (c)],
will be eligible for participation in the SB 618 program. Initial identification of SB 618 participants occurs when, at the time charges are filed,
the DA conducts a preliminary screening of program eligibility. Upon conviction, eligibility is confirmed by the public defender and the court,
and the offender agrees to volunteer for participation in the program. The court refers the case to the County Probation Department for a present-
ence investigation, assessment, and development of the SB 618 Life Plan. Sentencing is set for 28 days post conviction.
Once a participant is received in the RC, the institution will complete the physical exam and medical history. Upon completion of the physical
exam and medical history the Classification Staff Representative will provide an expedited endorsement. It is anticipated that the participant will
be on RC status for no more than 14 calendar days (with some exceptions).
E. Institutional Programming:
The Probation Department will coordinate the MDT Life Plan for each inmate. The SB 618 program inmate's "Life Plan" provides the basis for
the programming at the institution. The "Life Plan" will follow the participant through their incarceration and reentry into the community and
will be utilized to provide offenders with needed services. The SB 618 program "Life Plan" will be a dynamic document, changing as the SB 618
program inmates reach measurable goals.
Measures shall be taken to ensure that the SB 618 program participant is prepared to discuss his or her program interests with institution staff.
Once the participant is properly endorsed, he or she will be assigned a Prison Case Manager (PCM). The PCM will monitor SB 618 program
assignments, track completions, answer inmate questions, and be a resource to the inmates. Education staff will carefully monitor inmates in the
program to ensure accountability and participation.
Six months prior to release, the PCM, the SB 618 program participant, the Parole Representative and the Community Case Manager (CCM) will
meet and revise the "Life Plan," with a focus on the reentry plan for housing, transportation, and immediate enrollment in community support
programs such as substance abuse and mental health services, work readiness training, and placement.
STATEMENT AS TO DURATION OF THE PILOT PRO.TECT
This pilot project will remain in effect through February 5, 2009. There will be an ongoing assessment of the pilot project through the San Diego
Association of Governments (SAND AG). SAND AG is contracted by San Diego County to evaluate and report on their process and performance
metrics of the SB 618 County Assessment Program.
PILOT PROGRAM REOUIREMENTS
The SB 61 8 County Assessment Program is operating as a pilot program pursuant to PC 5058. 1 . The pilot program is intended to focus on nonviolent
felony offenders who are committed to specified State correctional facilities from San Diego County.
PILOT PROGRAM LOCATIONS
The establishment of the pilot program shall begin at RJD and the CIW. Additional CDCR institutions and counties may be added to the pilot at the
discretion of the Secretary, and within the limits established in both PC Section 5058.1 and SB 618. Please inform all concerned persons of this
Instructional Memorandum. This pilot program shall remain in effect for a 24-month period, from February 5, 2007 through February 5, 2009, at
which time it will lapse by operation of law or will be promulgated through the Administrative Procedure Act. Direct all inquiries to Thomas Reitz,
SB 618 Program Manager, at (916) 327-4901.
The initiation of additional pilot sites is permitted under the guidelines provided in this Instructional Memo.
JAMES E. TILTON
Secretary
California Department of Corrections and Rehabilitation
cc: Thomas Reitz
Page 188.122 Register 2007, No. 6; 2-9-2007
Title 15 Adult Institutions, Programs and Parole § 3999.4
NOTH: Authority cited: Section 5058.1, Penal Code. Reference: Sections 1203.8 Code section 5058.1(b) (Register 2007, No. 6). New section 3999.3 sliall lapse
and 5058.1, Penal Code. t'Y operation of law on 2-5-2009 pursuant to Penal Code section 5058.1(d) un-
HlSTORY '^^^^ formally adopted as a regulation pursuant to Chapter 3.5 (commencing with
1 . New section 3999.3 filed 2-5-2007: operative 2-5-2007 pursuant to Penal ^'^'-'^'O" ^ ' -''^O) of Part 1 of Division 3 of Title 2 of the Government Code.
Code section 5058.1(c). Submitted to OAL for printing only pursuant to Penal
§ 3999.4, Senate Bill 1453 — Mandatory Residential Aftercare Pilot Program.
Date : May 1,2007
To : Wardens INSTRUCTIONAL MEMORANDUM
Regional Parole Administrators
Subject : PILOT PROGRAM FOR SENATE BILL 1453 — MANDATORY RESIDENTIAL AFTERCARE
PURPOSE
This Instructional Memorandum announces tiie establishment of the California Department of Corrections and Rehabilitation (CDCR) Pilot Program
implementing the requirements established in Senate Bill (SB) 1453 (cited as Penal Code (PC) Section 2933.4), and signed into law by Governor
Schwarzenegger on September 30, 2006.
The purpose of this program is to reduce recidivism and increase rehabilitation of parolees in the community through mandating a special condition
of parole requiring eligible felon inmates upon parole to be placed in a 150-day community based residential drug treatment program. Parolees who
have successfully completed the residential aftercare program will be discharged from parole at that time. The SB 1453 Pilot Program, henceforth
to be referred to as the 1453 Program, will improve public safety through the corresponding reduction in criminal activity and provide significant
savings to taxpayers by reducing costs associated with re-incarceration of offenders.
SB 1453 has the potential to have a positive impact on the substance abuse problems that plague our population. Mandatory aftercare has been a
proven component in successful rehabilitation efforts.
BACKGROUND
SB 1453 provides that, notwithstanding any other law, eligible inmates under the custody of the CDCR who are not currently serving and have not
served a prior indeterminate sentence or a sentence for a violent felony, a serious felony, or a crime that requires him/her to register as a sex offender,
who has successfully completed an in-prison drug treatment program, upon release from state prison, shall, whenever possible, be entered into a
150-day community based residential aftercare drug treatment program that is sanctioned by the CDCR. If the parolee successfully completes
150-days of residential aftercare, he or she shall be discharged from parole.
PROGRAM COMPONENTS
Eligibility Criteria.
To be eligible to participate in the 1453 Program, an offender must:
• Be classified as non violent, and non serious.
• Not have been sentenced for a crime that requires him/her to register as a sex offender pursuant to PC Section 290.
• Meet the current criteria for entry into an In-Prison Therapeutic Community Substance Abuse Program (IPTCSAP).
• Must complete a minimum of 90 days in an IPTCSAP and/or other programs sanctioned by CDCR and the Division of Addiction and Recovery
Services (DARS) that provide substance abuse services to inmates
Exclusionary Criteria.
An offender is excluded from the program if they:
• Have served an indeterminate sentence or a sentence for a violent felony as defined in PC Section 667.5(c), a serious felony as defined in PC
Sections 1 192.7(c) and 11 92.8, or a crime that requires him or her to register as a sex offender pursuant to PC Section 290.
• Are returned to custody for a Good Cause Finding by the Board of Parole Hearings (BPH) for a violent or serious violation as defined in PC
Sections 667.5(c) and 1 192.7, and California Code of Regulations (CCR) Sections 2616 (a) and 2645.
• Inmates convicted on or after January 1 , 1997 for Corporal Injury, PC Section 273.5, Violation of a Protective Order, PC Section 273.6, or
Stalking, PC Section 646.9 who are required to complete a 52 week Batterer's Program as outlined in PC Section 3053.2.
• Inmates who are currently serving or have previously served a Civil Addict commitment.
PROGRAM OVERVIEW
This Pilot Program will help reduce recidivism by imposing on eligible inmates, a special condition of parole mandating eligible felon inmates who
have successfully completed a minimum of 90 days of an in-prison Substance Abuse Program (SAP), immediately upon parole to be placed in a
150-day community based residential drug treatment program sanctioned by the CDCR. Parolees who successfully complete the 1 50-day residential
aftercare program shall be discharged from parole at that time. The following is a process overview of the 1453 Mandatory Residential Aftercare
Pilot Program.
Successful Completion of In-Prison SAP.
'"Successful Completion" of an in-prison SAP shall be determined by the Successful Completion Assessment Team (SCAT). The SCAT shall include
the DARS Correctional Counselor III (CCIII), the DARS Parole Agent II (PAII), and the SAP Treatment Staff.
Denial of SB 1453 Participation.
Inmates who wish to participate in the 1453 Program but are denied entry, may appeal that decision through the CDCR Inmate Appeal Process.
Page 188.123 Register 2007, No. 20; 5-18-2007
§ 3999.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
In-Custody SAP Screening and Placement for the 1453 Mandatory Residential Aftercare Program.
Following admittance to the SAP, the DARS PAIl will screen the inmate's Central File to confirm eligibility for the 1453 Program. The eligibility
information will be recorded on Part B of the SAP Participant Profile and will be forwarded to the SAP Transitional Counselor.
The SAP Transitional Counselor will work with the regional Substance Abuse Services Coordination Agency (SASCA) to secure placement in a
suitable residential community based substance abuse treatment program.
When the SAP Transitional Counselor staff informs the DARS PAII that suitable residential placement is not available in the inmate's County of
Last Legal Residence (CLLR). a Transfer Investigation Request (TIR) will be processed according to existing Division of Adult Parole Operations
(DAPO) policy and procedure. Upon successful completion of 120 days at the residential placement, the parolee will be returned to the CLLR where
he/she will reside in a sober living facility while participating in outpatient treatment for the last 30 days. The DARS PAII and SASCA shall assess
the parolee's progress and readiness for discharge.
In-Custody SAP Mandatory Aftercare Placement Hearing Rights Process.
Notice of Hearing Rights.
When the SAP Transitional Counselor informs the DARS PA II that suitable residential placement is available, the DARS PA II will present the CDC
Form 1420, Placement Acknowledgement-Substance Abuse Treatment Control Unit, and the BPH Form 1073, Notice and Request For Assistance
at Parole Proceeding, to the inmate no less than ninety (90) days prior to the inmate's scheduled date of release.
Hearing Waived.
When an inmate waives the hearing, the case will be referred to the BPH for approval. The DARS PA II shall forward the BPH Referral Packet to
the Institution Case Records staff for placement on the BPH Mandatory Aftercare Calendar. Institution Case Records staff shall:
• Obtain a date for the Mandatory Aftercare Calendar.
• Pull the Central Files and place the appropriate documents upright into a staging area for the upcoming calendar.
Special Conditions Imposed via BPH Miscellaneous Decision Action.
When the Referral Packet is returned from the BPH with the Miscellaneous Decision approval (special condition imposed), the Institution Correction-
al Case Records Analyst will post the BPH decision and special condition information to the CDC Form 1 12, Chronological History.
The DARS CC III will advise the SAP Transitional Counselor of the approved special condition. The SAP Transitional Counselor will inform SAS-
CA. The DARS PA II will enter the special condition on the CDC Form 1515, Notice and Conditions of Parole, and present the document to the inmate
for signature. The inmate will be given a signed copy and the original will be forwarded for placement in the inmate's Central File.
The special conditions shall read:
"Upon parole, you must immediately enroll in and successully complete 150 days in a residential drug treatment program. Successful completion
will result in discharge from parole."
The DARS PA II will complete the CDC Form 1 121, Notice of Release Date and Residence Plan from Institution to Parole Unit, and forward to the
Case Records staff along with the signed CDC Form 1515. Case Records staff will submit the completed CDC Form 1121 to the appropriate field
parole unit. A copy will be placed in the inmate's Central File. The original copy will be sent to DAPO Agent of Record (AOR), along with copies
of the signed CDC Form 1515 and CDC Form 1420.
Special Condition Not Imposed Via BPH Miscellaneous Decision Action.
When the special condition is not imposed via BPH Miscellaneous Decision Action, it shall be recorded on the BPT Form 1 135, Miscellaneous Deci-
sion. Institution Case Records Analysts shall receive the form, post the "SB 1453 Special Conditions not imposed during the parole period" to the
CDC Form 112. Referral documents will be placed in the appropriate section of the inmate's Central File, and a copy of the packet will be sent to
the DARS CC III. The DARS CC III shall notify the DARS PA II and SAP Transitional Counselor of the Miscellaneous Decision.
The inmate will be afforded the opportunity to voluntarily participate in continuing care via the standard SAP/SASCA transitional process.
Hearing Not Waived.
The DARS PAII will notify Institution Case Records staff of all inmates who have not waived the hearing. Case Records staff shall contact the BPH
scheduling staff, identifying those cases requiring a hearing, the CDC Number, Inmate Name, Release Date and whether or not an attorney is required
and/or requested.
When the inmate does not waive the hearing and requests an attorney on the CDC Form 1420, the DARS PA II will conduct an attorney determination
to include a review of the BPH Form 1073. All inmates who meet the criteria under the Armstrong II Injunction will be appointed counsel.
When the inmate requests an attorney on CDC Form 1 420, or the inmate meets the criteria under the Armstrong II Injunction, the following documents
will be submitted to the BPH scheduling staff.
CDC Form 1420, Placement Acknowledgement Substance Abuse Treatment Control Unit
BPT Form 1 135, Miscellaneous Decision
BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
CDC Form 188-L, Cumulative Case Summary Legal-Status Civil Addict Program
CDCR Form 1244, Parole Violation Dispositions Log
128TABEChrono
Final determination of attorneys shall be determined by BPH. DARS staff shall be available during the hearing to assist in answering program ques-
tions.
Page 188.124 Register 2007, No. 20; 5-18-2007
Title 15 Adult Institutions, Programs and Parole § 3999.4
Special Condition Imposed at the BPH Hearing.
When the special condition is imposed at the hearing, it will be recorded on the BPH Form 1 103, Summary of Revocation Hearing and Decision.
DARS staff shall present the CDC Form 1515 to the inmate for signature. In addition, the DARS staff shall be available during the hearing to assist
in answering program questions.
Institution Case Records will receive the BPH Form 11 03, post the decision and special condition to the CDC Form 1 12 and forward a copy to the
DARS CC III. The DARS CC III shall inform the SAP Transitional Counselor who shall:
Inform SASCA
• Note the special condition in the inmate's program file.
Institution Case Records staff shall enter the special condition on the CDC Form 1515. It will be submitted to the DARS CC III who shall forward
it to the DARS PA II. The DARS PA II shall:
• Present the CDC Form 1 5 1 5 to the inmate for signature and give the inmate a copy.
• Forward the CDC Form 1515 original copy to the Institution Case Records for placement in the inmate's Central File.
• Submit an approved Community Service Plan and advise the Institution Case Records that the inmate has been identified as 1453 eligible.
DARS PA II will complete the CDC Form 1 121 and forward to the Case Records Staff along with the signed CDC 1515.
Case Records Staff will submit the completed CDC Form 1121 to the appropriate field parole unit. A copy will be placed in inmate's Central File.
Copies of the signed CDC Form 1515, CDC Form 1420, CDC Form 1868, Community Services Plan SAP, and CDC Form 1121 will be sent to the
DAPOAOR.
If the inmate refuses to sign the CDC Form 1515, the DARS PA II or custody staff shall prepare a CDC Form 1 15, Rules Violation Report, to initiate
a Disciplinary Hearing for refusing to sign conditions of parole pursuant to PC Section 3060.5, as appropriate.
Special Conditions Not Imposed at the BPH Hearing.
When the special condition is not imposed at the BPH hearing, it shall be recorded on the BPH Form 1 103. Institution Case Records shall receive
the form, post the "SB 1453 Special Conditions not imposed during this parole period" to the CDC Form 1 12, and forward a copy to the DARS CC
III.
The inmate shall be afforded the opportunity to participate voluntarily in continuing care via the standard SAP/SASCA transitional process.
Inmate No Longer Eligible For SB 1453 Mandatory Residential Aftercare.
If an inmate leaves or is removed from the in-prison SAP due to non-adverse or adverse reasons prior to parole, the DARS CC III may determine
that the inmate is no longer eligible for the 1453 Program placement. The DARS CC III shall prepare and forward a copy of the BPT Form 1 135
to Institution Case Records outlining the circumstances and requesting that the Special Condition be rescinded. Case Records shall process the BPT
Form 1 1 35 for the next Mandatory Aftercare Calendar.
When the BPT Form 1 135 is returned with a completed action, the Correctional Case Records Analyst shall post the action to the CDC Form 112.
Copies shall be distributed consistent with established procedures. An additional copy shall be provided to the DARS PA II.
When BPH rescinds the special condition, the DARS PA II shall inform the DAPO AOR that the special condition was rescinded and will insure
that the inmate has proper reporting instructions.
Disbursements of Funds (Release Allowance Funds)
The distribution of Release Allowance Funds shall be consistent with Departmental policies.
Community Prisoner Mother Program (CPMP) and Family Foundations Program (FFP) — CDCR/DARS Sanctioned Substance Abuse
Programs.
The CPMP and FFP are unique programs where inmate mothers are united with their children in therapeutic community correctional facilities. The
Women and Children's Services Unit (WCSU) of the Female Offenders Program Services Division has oversight responsibility for both programs.
All programs have contracted on-site treatment services. In all CPMP and FFP cases deemed eligible for the 1453 Program, the inmate shall whenever
possible be transitioned to a Female Offender Treatment and Employment Program (FOTEP) to maintain the mother/child bond developed through
their placement in the CPMP or FFP. When a FOTEP bed is requested by the inmate, and a vacancy is not available at the time of the inmate's release,
then an alternative placement may be made if there is an available residential program that serves women with children.
CPMP and FFP Screening and Placement for the 1453 Mandatory Residential Aftercare Program.
Screening for the 1 453 Program eligibility will be documented and recorded according to current CPMP/FFP referral procedure and will be forwarded
to the treatment program's Facility Director/Designee who will work with SASCA to secure placement in a FOTEP or other residential community
based substance abuse treatment program.
When the SAP Transitional Counselor staff informs the WCSU staff that suitable residential placement is not available in the inmate's CLLR, a TIR
will be processed according to existing DAPO policy and procedure. Upon successful completion of 1 20 days at the residential placement, the parolee
will be returned to the CLLR where he/she will reside in a sober living facility while participating in outpatient treatment. The WCSU staff and SAS-
CA shall assess the parolee's progress and readiness for discharge.
CPMP and FFP Mandatory Aftercare Placement Hearing Rights Process.
Notice of Hearing Rights.
When the program's Facility Director/Designee informs the WCSU staff that suitable residential placement is available, the WCSU staff shall present
the CDC Form 1420 and BPH Form 1073, Notice and Request for Assistance at Parole Proceeding, to the inmate no less than ninety (90) days prior
to the inmate's scheduled date of release.
Page 188.125 Register 2007, No. 20; 5-18-2007
§ 3999.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
The WCSU shall work cooperatively with Legal Processing Unit (LPU) staff and the BPH scheduling staff to arrange for the review of each case.
Inmates may elect to waive their appearance at a BPH review, or they may elect to make a personal appearance in front of the BPH. For all cases
scheduled for review by the BPH, the WCSU staff shall prepare the BPH Referral Packet and forward the packet to the LPU.
The BPH Referral packet will include the following documents:
• BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
• CDC Form 1420, Placement Acknowledgement Substance Abuse Treatment Control Unit
• BPT Form 1 135, Miscellaneous Decision
128TABEChrono
LPU staff will utilize the processes previously outlined to schedule BPH reviews for inmates who waived their personal appearance at the BPH hear-
ing.
When the inmate does not waive a personal appearance at the BPH hearing, the following forms will also be included in the BPH Referral packet:
• BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
• CDC Form 188-L, Cumulative Case Summary — Legal Status Civil Addict Program
• CDCR Form 1 244, Parole Violation Dispositions Log
128TABEChrono
LPU staff will utilize the processes previously outlined to notify BPH Scheduling Unit of cases requiring a BPH hearing and ensuring the appropriate
documents are provided to the BPH Scheduling Unit when an attorney appointment is required and/or requested.
BPH Decisions.
The BPH may elect to impose or not impose mandatory aftercare. This BPH decision will be noted on the BPT Form 1 135. The WSCU staff will
forward the BPH Referral Packet to LPU. The LPU Case Records Analyst shall post the BPH decision to the CDC Form 1 12. Case Records staff
will ensure that copies are distributed consistent with established procedures.
Special Condition Imposed By BPH.
The WCSU staff will inform the program's Facility Director/Designee of the approved special condition. The program's Facility Director/Designee
will inform S ASCA and note the special condition in the inmate' s program file. The WCSU will enter the special condition on the CDC Form 1515
and present the document to the inmate for signature. TTie inmate will be given a signed copy, and the original will be forwarded to the Central File.
The WCSU staff will complete the CDC Form 1121 with the updated release program information. A copy will be placed in the inmate's Central
File. The original will be sent to the DAPO AOR along with the signed CDC Form 15 15, the approved Miscellaneous Decision, and the signed CDC
Form 1420.
Special Condition Not Imposed by BPH.
A copy of the BPH Form 1 1 35 will be forwarded to the inmate. The inmate will still be afforded the opportunity to participate voluntarily in continuing
care via the standard SAP/SASCA transitional process.
CPMP or FFP Inmate No Longer Eligible for SB 1453 Mandatory Residential Placement.
Following imposition of the special conditions of parole via BPH action, when the inmate leaves or is removed from the CPMP or FFP due to non-ad-
verse or adverse reasons prior to parole, the WCSU on-site staff and the program's Facility Director/Designee may determine that the inmate is no
longer eligible for the 1453 Program placement.
The WCSU will prepare and forward a BPT Form 1 1 35, Miscellaneous Decision, to the BPH, outlining the circumstances and request that the Special
Condition be rescinded.
The program's Facility Director/Designee shall notify SASCA of the inmate's ineligibility status. Following a decision by the BPH to rescind the
special conditions of parole, the LPU or Parole Case Records Analyst shall post the decision to the CDC Form 1 12. Case Records staff will ensure
copies are distributed consistent with the established procedures. An additional copy shall be provided to the WCSU staff. The original BPT Form
1 135 shall be placed in the Central File. The WCSU shall ensure that the DAPO AOR is notified that the special condition was rescinded and shall
ensure that the inmate has proper reporting instructions. When the inmate refuses to sign the CDC Form 15 15 the WCSU staff shall prepare a CDC
Form 115.
Drug Treatment Furlough (DTF) — CDCR/DARS Sanctioned Substance Abuse Programs.
The DTF program is an accelerated treatment program designed to allow nonviolent, non-serious SAP inmates to be programmed in community
residential treatment facilities 1 20 days prior to parole.
DTF — Screening and Placement for the 1453 Mandatory Residential Aftercare Program.
The DTF PA II will complete the SAP Participant Profile sheet when necessary upon inmate's entry to the DTF program. Screening for the 1453
Program eligibility will be recorded on Part B of the SAP Participant Profile and will be forwarded to the treatment program' s Facility Director/Desig-
nee. The Facility Director/Designee will work with SASCA to secure placement in a residential community based substance abuse treatment program.
A copy of the SAP Participant Profile form shall be retained in the inmate's Central File.
When the program' s Facility Director/Designee staff informs the DTF PA II that suitable residential placement is not available in the inmate' s CLLR,
a TIR will be processed. Upon successful completion of 1 20 days at the residential placement, the parolee will be returned to the CLLR where he/she
will reside in a sober living facility while participating in outpatient treatment. The DTF PAII and SASCA shall assess the parolee's progress and
readiness for discharge.
Page 188.126 Register 2007, No. 20; 5-18-2007
Title 15 Adult Institutions, Programs and Parole § 3999.4
DTF — Mandatory Aftercare Placement Hearing Rights Process.
Notice of Hearing Rights.
When the program's Facility Dircctor/Designee informs the DTF PA II that suitable residential placement is available, the PA II shall present the
CDC Form 1420 and BPH Form 1073 to the inmate as soon as practical.
The DTF PA II shall work cooperatively with DAPO Case Records South/North and the BPH scheduling staff to arrange for the review of each case.
Inmates may elect to waive their appearance at a BPH review, or they may elect to appear before the BPH. The DTF PA II will prepare the BPH
Referral Packet for all cases scheduled for review by the BPH and will forward the packet to the Case Records Soutli/North.
Case Records staff will utilize the processes previously outlined to schedule BPH reviews for inmates that waived their personal appearance at the
BPH hearing.
The DTF PA II shall provide security at the BPH hearings held at the DTF site. In addition to providing security, the DTF PA II will assist in answering
program questions, ensure that the inmate flimsy file is available for review, and that a laptop with a printer is available for the hearing site.
The BPH Referral packet will include the following documents:
• BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
• CDC Form 1420, Placement Acknowledgement Substance Abuse Treatment Control Unit
• BPT Form 1 135, Miscellaneous Decision
128TABEChrono
When the inmate does not waive a personal appearance at the BPH hearing, the following forms will also be included in the BPH Referral packet:
• BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
• CDC Form 188-L, Cumulative Case Summary — Legal Status Civil Addict Program
• CDCR Form 1 244, Parole Violation Dispositions Log
128TABEChrono
Case Records staff will utilize the processes previously outlined to notify BPH Scheduling Unit of cases requiring a BPH hearing and ensuring the
appropriate documents are provided to the BPH Scheduling Unit when an attorney appointment is required and/or requested.
BPH Decisions.
The BPH may elect to impose or not impose the special condition of parole-mandatory aftercare. This BPH decision will be noted on the BPT Form
1 135. DARS staff will forward the BPH Referral Packet, including the BPT Form 1 135 to Case Records South/North. The Case Records Analyst
shall post the BPH decision to the CDC Form 1 1 2. Case Records staff will ensure that copies are distributed consistent with the established procedures
and a copy of the Referral Packet is sent to the DTF PA II. The BPH referral documents will be placed in the appropriate section of the inmate's Central
File.
Special Condition Imposed By BPH.
The DTF PA II will inform the program's Facility Director/Designee of the approved special condition. The program's Facility Director/Designee
will inform SASCA and note the special condition in the inmate's program file.
The DTF PA II will enter the special condition on the CDC Form 1515 and present the document to the inmate for signature. The inmate will be given
a signed copy, and the original is forwarded to the Central File. The DTF PA II shall ensure that the DAPO AOR is notified that the special condition
was imposed and shall ensure that the inmate has proper reporting instructions.
DTF PA II will complete the CDC Form 1121 and forward to the Case Records staff along with the signed CDC 1515.
DAPO Case Records staff shall place a copy in the inmate's Central File. The original will be sent to the DAPO AOR, along with copies of the signed
CDC Form 1515, the approved Miscellaneous Decision, and the signed CDC Form 1420.
Special Condition Not Imposed by BPH.
The Case Records Analyst shall post the BPH decision to the 1453 Special Conditions not imposed during this parole period on the CDC Form 112.
Case Records staff will ensure that copies are distributed consistent with the established procedures and a copy of the Referral Packet is sent to the
DTF PA II.
The inmate will be afforded the opportunity to voluntarily participate in continuing care via the standard SAP/SASCA transitional process.
Inmate at DTF No Longer Eligible for the 1453 Program Mandatory Residential Placement.
Following imposition of the special conditions of parole via BPH action, when the inmate leaves or is removed from the DTF due to non-adverse
or adverse reasons prior to parole, the DTF PA II and the program's Facility Director/Designee may determine that the inmate is no longer eligible
for the 1453 Program placement.
The DTF PA II will prepare and forward a BPT Form 1 135 to the BPH, outlining the circumstances and request that the Special Condition be re-
scinded.
The program's Facility Director/Designee shall notify SASCA of the inmate's ineligibility status.
Following a decision by the BPH to rescind the special conditions of parole, the Case Records Analyst shall post the decision to the CDC Form 1 12.
Case Records staff will ensure that copies are distributed consistent with the established procedures and a copy of the Referral Packet is sent to the
DTF PA II, and file the original BPT Form 1 135 in the inmate's Central File. The DTF PA II shall ensure that the DAPO AOR is notified that the
special condition was rescinded. Additionally, the DTF PA II shall ensure that the inmate has proper reporting instructions.
When the inmate refuses to sign the CDC Form 1515, the DTF PA II shall prepare a CDC Form 1 15 for refusing to sign conditions of parole.
Page 188.127 Register 2007, No.20;5-18-2007
§ 3999.4 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
Transportation.
The regional SASCA will be the primary source of transportation for the parolee leaving the institutions and going to community programs. The
DARS PA II may transport parolees to community programs on a case-by-case basis.
Upon receipt of the approved 1433 Program placement list, the SAP Treatment staff will provide the SASCA with the name, CDCR number, date
of release, program name, address and contact information. The SASCA will schedule a driver and provide him/her with the time and location for
pick-up.
Residential Aftercare.
After successfully completing an in-prison SAP or other CDCR and DARS sanctioned drug treatment program, the parolee will be placed in a
1 50-day community-based residential dmg treatment program sanctioned by the CDCR.
Parolees who successfully complete the 150-day residential aftercare program shall be discharged from parole at that time. Successful completion
will be determined by the Aftercare Successful Completion Assessment Team (ASCAT). ASCAT will be comprised of the DARS PA II, Treatment
Provider, SASCA Advocate/Case Manager, and whenever possible AOR.
SB 1453 Program Failure.
A parolee who is referred to the 1453 Program and fails to complete the mandatory 150-day aftercare program is in violation of the BPH imposed
special condition. Such violation requires a mandatory referral to the BPH. A mandatory referral to the BPH does not necessarily mean that the parolee
will be placed in custody, rather, the referrals will be reviewed by the BPH on a case-by-case basis for alternate sanctions.
DARS Responsibilities.
PA II Responsibilities:
• Conduct monthly program visits, monitoring and verifying parolee participation, including each parolee's conduct and compliance with pro-
gram requirements.
• Track the 1453 Program parolees.
• Document relevant information on a CDC Form 1650-D Record of Supervision (ROS) and submitting to AOR with contact numbers.
• Conduct random urinalysis tests in accordance to current case supervision specifications. The PA II shall utilize a label from the parolee's
assigned unit and leave the sample at the unit.
• On or about the 140th day, the DARS PA II and the after care provider staff shall conduct a case review to evaluate for "successful comple-
tion." Documentation of the review will be forwarded to the AOR/unit supervisor for their review.
• Provide a copy of the certificate of "successful completion" to the AOR no later than the 145th day.
• Any difference of opinion will be forwarded to the DARS Parole Agent III (PA III) for review.
DARS PA III Responsibilities.
• The DARS PA III will ensure that the 1453 Program parolees are regularly tracked.
• The DARS PA III shall review all cases in which the Treatment Staff, the DARS PA II, and the DAPO AOR reach a difference of opinion.
If further review is necessary, it shall be forwarded to the appropriate DARS authority.
DAPO Responsibilities.
AOR Responsibilities:
• The 1453 Program parolees in residential programs will be maintained on the caseload of the AOR. The AOR will supervise the case in accor-
dance to current supervision specifications.
• The AOR may contact the treatment provider and the DARS PA II as needed to share pertinent information regarding the parolee' s behavior
and adjustment. Such information could include any new arrests or law enforcement contacts that may disqualify the parolee from having
a successful program completion.
• Upon receipt of the certification for successful completion from the DARS PA II, the AOR shall complete an Activity Report (AR) recom-
mending close interest in case pursuant to PC Section 2933.4(b) and submit the AR to the unit supervisor for review.
• The Parole Agent is responsible for reporting all arrests and violations of parole. Behavior reported as a violation of parole shall determine
the level at which a final decision shall be made. The decision to report a violation to the BPH or to make disposition at the unit level shall
be made by a unit supervisor and AOR at a verbal conference.
Unit Supervisor Responsibilities:
• The unit supervisor will review and submit the AR to DAPO Case Records to post the discharge action pursuant to PC Section 2933.4(b).
• If notified by the ASCAT that successful completion of the 1453 Program has not been achieved, and discharge is not recommended, the
unit supervisor will ensure the parolee receives continued supervision in accordance to current supervision policies. The unit supervisor will
ensure that adverse program terminations are referred to the BPH for disposition.
• Conditionally approve TIRs to accommodate program participation.
Case Records Staff Responsibilities:
• Upon receipt of the AR, Case Records will discharge parolee pursuant to PC Section 2933.4(b).
• The parolee will also be discharged from non-controlling cases provided that he or she has not served a prior indeterminate sentence or a
sentence for a serious or violent felony or a crime that requires the parolee to register as a sex offender pursuant to PC Section 290.
STATEMENT AS TO THE DURATION OF THE PILOT PROGRAM
This Pilot Program will remain in effect through May 15, 2009. There will be an ongoing assessment of the program through contract research entities
to evaluate and report on the 1453 Pilot Program.
Page 188.128 Register 2007, No. 20; 5-18-2007
Title 15 Adult Institutions, Programs and Parole § 3999.5
PILOT PROGRAM REQUIREMENTS
Commencing in 2008, SB 1453 requires the CDCR to report annually to the Joint Legislative Budget Committee and the State Auditor on the effec-
tiveness of the provisions of the 1453 Program including recidivism rates.
This Pilot Program shall remain in effect for a 24-month period, from May 15, 2007 through May 15, 2009, at which time it will lapse by operation
of law or will be promulgated through the Administrative Procedure Act. Direct all inquires to Sylvia Penunuri, Parole Administrator at (916)
327-1016 or Eliza Clavecilla. Staff Services Manager II at (916) 323-6125.
K. W. Pmnty
Undersecretary, Operations
California Department of Corrections and Rehabilitation
cc: Kathryn Jett, Director, DARS
John Monday, Executive Director, Board of Parole Hearing
Lea Ann Chrones, Director (A), Division of Adult Institutions
Tom Hoffman, Director, Division of Adult Parole Operations
Kathleen Keeshan, Chief of General Counsel, Office of Legal Affairs
Richard Krupp, Deputy Director (A), Division of Addiction and Recovery Services
Janet Rodriguez, Chief, Case Records Services
NOTE: Authority cited: Section 5058.1, Penal Code. Reference: Sections 2933.4 for printing only pursuant to Penal Code section 5058.1(b) (Register 2007, No.
and 5058.1. Penal Code. 20). New section 3999.4 shall lapse by operation of law on 5-15-2009 pursuant
History to Penal Code section 5058.1(d) unless formally adopted as a regulation pur-
1. New section 3999.4 (Instructional Memorandum 5-1-07) filed 5-15-07; op- ^uant to Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3
erative 5-15-07 pursuant to Penal Code section 5058.1(c). Submitted to OAL »* T^'^^ - °^ ^"'^ Oovernment Code.
§ 3999.5. Mandatory Condition of Parole Pilot Program.
Date : May 18, 2007
To : Tina Hombeak, Wardens INSTRUCTIONAL MEMORANDUM
Valley State Prison for Women
Guillermina Hall, Warden
California Rehabilitation Center
Subject : PILOT PROGRAM FOR MANDATORY CONDITION OF PAROLE
PURPOSE
This Instructional Memorandum announces the establishment and implementation of the California Department of Corrections and Rehabilitation
(CDCR) Mandatory Condition of Parole (MCOP) Pilot Program at Valley State Prison for Women (VSPW) and California Rehabilitation Center
(CRC) effective June 5, 2007.
The purpose of the pilot program is to increase rehabilitation of parolees in the community through imposing a special condition of parole mandating
residential aftercare for a period of 120 days immediately upon parole. MCOP mandates 120 days residential aftercare treatment for felon inmates
paroling from the In-Prison Therapeutic Community Substance Abuse Program (IPTCSAP). It has been found that inmates who participate in an
IPTCSAP while incarcerated, followed by aftercare treatment, have a significantly reduced rate of recidivism and criminality, compared to those
inmates with substance abuse related convictions who have not participated in an IPTCSAP or aftercare program.
BACKGROUND
Currently, drug treatment aftercare services have been voluntary for the felon population. There is a critical need to mandate residential aftercare
treatment in order to increase public safety, reduce recidivism and address prison overcrowding.
The 2006-2007 Budget Bill approved CDCR funding to implement a program that requires Mandatory Special Conditions of Parole for residential
aftercare for eligible participants placed in an IPTCSAP on or after January 1, 2007.
PROGRAM COMPONENTS
Eligibility Criteria.
To be eligible to participate in the MCOP program, a felon offender must meet any of the following criteria for entry into an IPTCSAP:
• Have a history of arrests or convictions for being under the influence of drugs (including alcohol), or have been arrested or convicted for com-
mitting a crime while under the influence.
• Have a history of arrests or convictions for drug-related offenses, including, but not limited to, possession, possession for sale, sale, or manufac-
turing of controlled substances.
• Have a pattern of arrests, convictions, behavior, or other factors that indicate they have, or have had a substance abuse problem.
Page 188.129 Register 2007, No. 23; 6-8-2007
§ 3999.5 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
Exclusionary Criteria.
A felon offender is excluded from the program if they meet any of the following:
• Are currently serving a civil addict commitment.
• Are paroling to their County of Last Legal Residence (CLLR) where no residential services are available.
• Are denied residential placement by the aftercare provider due to criminal history/convictions.
PROGRAM OVERVIEW
This pilot program will help reduce recidivism by imposing on eligible inmates, a special condition of parole mandating residential aftercare immedi-
ately upon parole. The following is a process overview of the MCOP Pilot Program.
IPTCSAP Screening and Placement.
The Division of Addiction and Recovery Services (DARS) Correctional Counselor III (CC III), in consultation with the DARS Parole Agent II (PA
II) and the Substance Abuse Program (SAP) treatment staff, will make final determination on IPTCSAP eligibility.
Following admittance to the IPTCSAP, the DARS PA II will screen the inmate's Central File to confirm eligibility for participation and mandatory
residential placement.
The SAP transitional counselor will work with the regional Substance Abuse Services Coordination Agency (SASCA) to secure placement in a suit-
able residential community-based substance abuse treatment program.
In-Custody SAP Mandatory Aftercare Placement Hearing Rights Process.
Notice of Hearing Rights.
When the SAP Transitional Counselor informs the DARS PA II that suitable residential placement is available, the DARS PA II will present CDC
Form 1420, Placement Acknowledgement - Substance Abuse Treatment Control Unit, and BPH Form 1073, Notice and Request For Assistance at
Parole Proceeding, to the inmate no less than ninety (90) days prior to the inmate's scheduled date of release.
Hearing Waived.
When an inmate waives the hearing, the case will be referred to the Board of Parole Hearings (BPH) for approval. The DARS PA II shall forward
the BPH Referral Packet to the Institution Case Records staff for placement on the BPH Mandatory Aftercare Calendar. Institution Case Records
staff shall:
• Obtain a date for the Mandatory Aftercare Calendar.
• Pull the Central Files and place the appropriate documents upright into a staging area for the upcoming calendar.
Special Conditions Imposed via BPH Miscellaneous Decision Action.
When the Referral Packet is returned from BPH with the Miscellaneous Decision approval (special condition imposed), the Institution Correctional
Case Records Analyst will post the BPH decision and special condition information to CDC Form 112, Chronological History.
The DARS CC III will advise the DARS Parole Service Associate (PSA)/PA II, SAP Transitional Counselor, and SASCA of the approved special
condition. The DARS PA II will enter the special condition on CDC Form 1515, Notice and Conditions of Parole, and present the document to the
inmate for signature. The inmate will be given a signed copy and the original will be forwarded for placement in the inmate's Central File.
The special conditions shall read:
"You must participate in a Residential Substance Abuse Treatment Program or Alternative Treatment Program as approved by the Board of
Parole Hearings for a maximum of 120 days of continuous treatment. Treatment shall commence no later than (month/day/year), and shall be
completed by (month/day/year). At the conclusion of this treatment period, this Board of Parole Hearings imposed special condition of parole
will expire and no longer be apphcable for the duration of your parole period."
The DARS PSA shall complete CDC Form 1121, Notice of Release Date and Residence Plan from Institution to Parole Unit, and along with the signed
CDC Form 1515 shall forward copies to Case Records staff. A copy will be placed in the inmate' s Central File. The original will be sent to the Division
of Adult Parole Operations (DAPO) Agent of Record (AOR), along with copies of the signed CDC Form 1515 and CDC Form 1420.
Special Condition Not Imposed Via BPH Miscellaneous Decision Action.
When the special condition is not imposed via BPH Miscellaneous Decision action, it shall be recorded on BPT 1 1 35, Miscellaneous Decision. Institu-
tion Case Records Analysts shall receive the form, post "Mandatory Aftercare Special Conditions not imposed during this parole period" to CDC
Form 1 12. Referral documents will be placed in the appropriate section of the inmate's Central File, copies shall be distributed consistent with the
established procedure, and a copy of the packet will be sent to the DARS CC III who will notify DARS PSA/PA II and SAP Transitional Counselor
of the Miscellaneous Decision.
The inmate will be afforded the opportunity to voluntarily participate in continuing care via the standard SAP/SASCA transitional process.
Hearing Not Waived.
The DARS PA II will notify the Institution Case Records staff of all inmates who have not waived the hearing. Case Records staff shall contact BPH
Scheduling Unit staff, identify cases requiring a hearing, and provide the following information: CDC number, inmate name, release date, and CDC
Form 1420 noting whether or not an attorney is required and/or requested.
When the inmate does not waive the hearing and requests an attorney on CDC Form 1420, the DARS PA II will conduct an attorney determination
to include a review of BPH Form 1073. All inmates who meet the criteria under the Armstrong II Injunction will be appointed counsel.
Page 188.130 Register 2007, No. 23; 6-8-2007
Title 15 Adult Institutions, Programs and Parole § 3999.5
When the inmate requests an attorney on CDC Form 1420, or the inmate meets the criteria under the Armstrong II Injunction, the following documents
shall be submitted to the BPH Scheduling staff:
CDC Form 1420, Placement Acknowledgement Substance Abuse Treatment Control Unit
BPT Form 1 135, Miscellaneous Decision
BPH Form 1073, Notice and Request for Assistance at Parole Proceedings
CDC Form 188-L, Cumulative Case Summary Legal-Status Civil Addict Program
CDCR Form 1244, Parole Violation Dispositions Log
128TABEChrono
Final determination of attorneys shall be determined by BPH. The designated BPH scheduling staff shall coordinate the hearing schedule with the
Institution Case Records staff. Institution Case Records staff shall ensure that the required hearing rooms are available and shall utilize the established
procedures for scheduling hearings.
Special Condition Imposed at the BPH Hearing.
A DARS staff shall be available during the hearing to assist in answering program questions. When the special condition is imposed at the hearing,
it will be recorded on BPH Form 1 103, Summary of Revocation Hearing and Decision.
Institution Case Records will receive BPH Form 1 103, post the decision and special condition to CDC Form 1 12. Case Records staff shall ensure
that copies are distributed consistent with the established procedure and shall forward a copy to the DARS CC III. The DARS CC III shall inform
the DARS PSA/PA II and the SAP Transitional Counselor who shall inform SASCA and note the special condition in the inmate's program file.
The DARS Staff shall complete CDC Form 1121 along with CDC Form 1515 and shall forward copies to the Case Records staff, and submit to the
appropriate field parole unit. Copies of the signed CDC Form 1515, CDC Form 1420, CDC Form 1868, Community Services Plan SAP and CDC
Form 1121 will be placed in the inmates Central File. Copies shall be forwarded to the DAPO AOR.
If the inmate refuses to sign CDC Form 1515, the DARS PA II or custody staff shall prepare CDC Form 1 15, Rules Violation Report, to initiate a
Disciplinary Hearing for refusing to sign conditions of parole pursuant to Penal Code (PC) Section 3060.5, as appropriate.
Special Conditions Not Imposed at the BPH Hearing.
When the special condition is not imposed at the BPH hearing, it shall be recorded on BPH Form 1 103. Institution Case Records shall receive the
form, and post the "Mandatory Aftercare Special Conditions not imposed during this parole period" to CDC Form 1 1 2. Case Records staff shall ensure
that copies are distributed consistent with the established procedure and forward a copy to the DARS CC III.
The inmate shall be afforded the opportunity to participate voluntarily in continuing care via the standard SAP/SASCA transitional process.
Inmate No Longer Eligible For Mandatory Special Condition.
If an inmate leaves or is removed from IPTCSAP due to non-adverse or adverse reasons prior to parole, the DARS CC III, may determine that the
inmate is no longer eligible for mandatory continuing care placement. SAP treatment staff shall notify the DARS CC III, who shall prepare and for-
ward to institution Case Records the BPT Form 1 135 recommending to BPH that the previous action be rescinded
Case Records shall process the BPT Form 1 135 for the next MCOP Calendar. When BPT Form 1 135 is returned with a completed action, the Correc-
tional Case Records Analyst shall post the action to CDC Form 112. Both forms shall be placed in the inmate's Central File.
When BPH rescinds the special condition, the DARS PSA shall inform the DAPO AOR the special condition was rescinded and will ensure that the
inmate has proper reporting instructions.
Alternate Treatment Services Guidelines.
It is expected that inmates eligible for MCOP and who complete an IPTCSAP will be placed in residential continuing care upon release. However,
there may be circumstances where the DARS PA 11 and the Transitional Case Counselor or designee determines that alternate treatment services such
as a sober living residence in conjunction with outpatient programming, outpatient, or other treatment services, are appropriate and necessary. BPH
shall retain the authority to impose a MCOP on these offenders, ordering alternative treatment for a period not to exceed 120 days.
Alternate Treatment Services may be appropriate when:
• Suitable and appropriate residential continuing care cannot be obtained within applicable time frames.
• Verifiable extraordinary factors exist that would indicate the parolee would successfully complete parole without completing a residential pro-
gram. Such factors may include an exceptional employment commitment and a strong residence plan that would coincide with outpatient treat-
ment.
Disbursements of Funds (Release Allowance Funds)
The distribution of release allowance funds shall be consistent with departmental policies.
DAPO Parole Agent Responsibility.
The parole agent is responsible for reporting all arrests and violations of parole. Behavior reported as a violation of parole shall determine the level
at which a final decision shall be made. The decision to report a violation to BPH or to make disposition at the unit level shall be made by a unit
supervisor and the AOR at a verbal conference.
A parolee who is referred to MCOP and fails to complete the mandatory 120-day aftercare program, is in a violation of the BPH imposed special
condition. Such violation requires a mandatory referral to BPH. A mandatory referral to BPH does not necessarily mean that the parolee will be placed
in custody. All referrals will be reviewed by BPH on a case-by-case basis for remedial sanctions.
Page 188.131 Register 2007, No. 23; 6-8-2007
§ 3999.5 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
STATEMENT AS TO THE DURATION OF THE PILOT PROGRAM
This pilot program will remain in effect through June 5. 2009. There will be an ongoing assessment of the program through contract research entities
to evaluate and report on the MCOP Program. The initiation of additional pilot sites for the MCOP is permitted under the guidelines provided in this
Instructional Memo.
PILOT PROGRAM REQUIREMENTS
The MCOP is operating as a pilot program pursuant to PC Section 5058. 1 . The pilot program is intended to focus on the residential aftercare programs
for eligible felon offenders who complete an IPTSCAP.
PILOT PROGRAM LOCATIONS
The establishment of the pilot program shall begin at VSPW and CRC. Additional CDCR institutions may be added to the pilot at the discretion of
the Secretary, and within the limits established in PC Section 5058.1 . Please inform all concerned persons of this Instructional Memorandum. This
pilot program shall remain in effect for a 24-month period, from June 5, 2007 through June 5, 2009, at which time it will lapse by operation of law
or will be promulgated through the Administrative Procedure Act.
Direct all inquires to Sylvia Penunuri, Parole Administrator, at (916) 327-1016 or Eliza Clavecilla, Staff Services Manager II, at (916) 323-6125.
K. W. PRUNTY
Undersecretary, Operations
California Department of Corrections and Rehabilitation
cc: Marisela Montes, Chief Deputy Secretary, Adult Programs
Scott Keman, Chief Deputy Secretary (A), Adult Operations
Kathryn Jett, Director, Division of Addiction and Recovery Services
John Monday, Executive Director, Board of Parole Hearing
Lea Ann Chrones, Director (A), Division of Adult Institutions
Tom Hoffman, Director, Division of Adult Parole Operations
Kathleen Keeshan, Chief of General Counsel, Office of Legal Affairs
Richard Krupp, Deputy Director (A), Division of Addiction and Recovery Services
Janet Rodriguez, Chief, Case Records Services
Robert Bonner, Labor Relations Specialist, Labor Relations
NOTE: Authority cited: Section 5058.1, Penal Code. Reference: Section 5058.1, for printing only pursuant to Penal Code section 5058.1(b) (Register 2007, No.
Penal Code. 23). Section shall lapse by operation of law on 6-5-2009 pursuant to Penal
History Code section 5058.1(d) unless formally adopted as a regulation pursuant to
1 . New section 3999.5 (Instructional Memorandum 5-1 8-07 ) filed 6-5-2007; op- f ^f 1^ ^-'^ (commencing with section 1 1 340) of Part 1 of Division 3 of Title
erati ve 6-5-2007 pursuant to Penal Code section 5058. 1 (c). Submitted to OAL 2 ot the Government Code.
* >l< *
Page 188.132 Register 2007, No. 23; 6-8-2007
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 4. Department of the Youth Authority
Vol. 20
XHOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 15
Department of the Youth Authority
Table of Contents
Division 4. Department of the Youth Authority
Table of Contents
Page
Page
Chapter 1
General Provisions 189
Article 1.
Introduction
. 189
§ 4000.
Statutory Authority.
§4001.
Interstate Compact.
§ 4002.
General Conditions.
§ 4002.5.
Emergency Situations.
§ 4003.
Rules of Construction.
§ 4004.
Definitions.
§ 4007.
Meaning of Words.
Article 2.
Use of Force
. 190
§ 4034.0.
Use of Force Policy.
§4034.1.
Definitions.
§ 4034.2.
Use of Force Options.
§ 4034.3.
Reporting and Monitoring of Force.
§ 4034.4.
Use of Mechanical Restraints.
Article 3.
Personnel
. 192
§4035. Staff Training.
§ 4036. Non-Lethal Chemical Agent
Training.
§ 4037. Training Requirements for the Use
of Restraining Devices.
§ 4038. Use of Lethal Weapons.
§ 4039. Legal Restrictions Governing Ward
Care and Discipline.
§ 4040. Use of Restraining Devices
[Repealed].
§4041. Chemical Restraints.
§ 4042. Acceptance of Gifts.
§ 4043. Employee Communications with
Wards.
§ 4044. Staff Contact with Parolees.
§ 4045. Personal Transactions.
§ 4046. Transmittal of Messages or Articles.
§ 4047. Overnight Stays.
Article 5. Ward Grievance Procedure 192.1
§ 4085. Definition.
§ 4086. Grounds for Filing.
§ 4087. Grounds Prohibited.
§ 4088. Disagreements Concerning
Grounds.
§ 4089. Grievance Procedure Standards.
§ 4090. Right to a Representative.
§4091. Emergency Grievances.
§ 4092. Reprisal.
§ 4093. False Accusations or Statements.
§ 4094. Full Hearings.
§ 4095. Written Response.
§ 4096. Appeal.
§ 4097. Appeal to the Director
§ 4098. Appeal to Independent Review.
§ 4099. Independent Review Hearing.
§ 4100. Independent Review Panel
Recommendation.
§ 4101. Response to Independent Review
Panel Recommendation.
§ 4102. Denial of Independent Review
Hearing.
§4103. Grievance Against an
Employee — Adverse Action.
§ 4104. Response to Grievance Against an
Employee — Adverse Action.
§ 4105. Appeal of Grievance Against an
Employee — Adverse Action.
§ 4106. Ward Grievance Information
System.
§ 4107. Ward Grievance Procedure
Monitoring.
Article 6. Food and Nutrition 195
§ 4120. Introduction.
§4121. Meals.
§4122. Sanitation Standards.
§ 4123. Menus.
§ 4124. Medically Prescribed Diets.
§ 4125. Food and Nutrition Requirements.
Article 7. Other Standards and
Requirements 195
§ 4130. Right of Wards to Correspond with
Director.
§4131. Ward Access to the Courts.
§ 4132. Dissemination of Information
Regarding New Court Decisions.
§4133. Use of Polygraph.
§ 4134. Law Enforcement Use of Wards.
§ 4135. Photographs of Wards.
§ 4136. Medical Services.
§ 4137. Dependents' Benefits for Wards.
§ 4138. Notification of Death, Serious Injury
or Illness of a Ward.
§ 4139. Sale of Handicraft Articles.
§ 4140. Breath, Blood and Urine Samples.
§ 4141. Collection of DNA Specimens.
§4141.1. Use of Force When Collecting DNA
Specimens.
Chapter 1 .4. County Payments to Department of
Youth Authority 197
Subchapter 1 . Fee for Housing 197
Article 1 . General Provisions 197
§4143.1. Purpose.
§ 4143.2. Definitions.
§ 4143.3. Scope.
Article 2. Billing Procedures 198
§ 4143.4. Calculation of Payments Due the
Department.
§ 4143.5. Payments.
§ 4143.6. Dispute Process.
Subchapter 2. Sliding Scale for Less
Serious Offenses 198
Article 1 . General Provisions 198
§4144.1. Purpose.
§ 4144.2. Definitions.
§ 4144.3. Scope.
Article 2. Billing Procedures 198.1
§ 4144.4. Per Capita Cost Adjustment.
§ 4144.5. Calculation of Payments Due the
Department.
§ 4144.6. Supplemental Invoices.
§ 4144.7. Payments.
§ 4 1 44. 8 . Dispute Process .
Page i
Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
Page Page
Chapter 1 .5. Assistance to Courts When Making § 4167.5. Discretion to Accept or Reject.
Disposition 198.2 ^' 4168. ?f ''•«"I° ^'''P' ""' ^^^''' °"
^ Material Benefit.
Article 1 . General Provisions 198.2 ^' '^^^^■^- Requirement to Provide
Intormation.
§414.5. Introducnon. § 4^^9 Optionallnformation.
§4145.5. Definitions. §4169.5. Acceptance or Rejection Action.
§ 4146. General Standards and Premises. 5^ 4j^q^ ^^^-^^ ^^ ^^^-^^ ^^^ ^^^-^^^
Article 2. Consultation and Testimony 198.2 Approval.
..,,._, „ r T r .■ Aj ■ §4169.9. Time Limit on Acceptance.
§4147. Request for Information or Advice. ^
§ 4147.5. Request for Testimony. Article 3. Juvenile Court Commitment 201
§4148. Conditions for Granting Requests 5^4170. Authority to Commit.
for Testimony. § 41 70.5. Discretion to Accept or Reject.
Article 3. Criminal Court Request for § 4171. Decision to Accept or Reject on
J . ' . Material Benefit.
Recommendation Concerning i^ 4J72. Exceptions to Material Benefit
Recall 198.2 Determinations.
§4149. Authority ofCriminal Court to ^4173. Requirement to Provide
Recall Commitment. Information.
J? 4149.5. Criminal Court Request for ^ 4174. Acceptance or Rejection Action.
Recommendation ^ 4174.5. Notice of Action and Delivery
§4149.8. Response to Request for Approval.
Recommendation §4174.6. Time Limit on Acceptance.
Article 4. Criminal Court Referral for Chapter 1 .7. Return of Wards to Court for
Contract Diagnostic Study 198.2 Alternative Disposition 202
§4150. Authority to Contract and Refer for » • , , ^ i t^ • -
Services Article 1 . General Provisions 202
§4150.5. Discretion to Accept or Reject. §4175. Introduction.
§ 4151. Decision to Accept or Reject and § 4175.5. Definifions.
Material Benefit Determination. §4176. Consult with District Attorney.
§ 4151.5. Required and Optional Information. ^^^j^,^ 2. Order for Return of Criminal
§ 4152. Acceptance or Rejection Action.
§ 4152.5. Nofice of Action and Delivery Court Commitments 203
Approval. §4177. Authority to Return.
§4152.6. Time Limit on Acceptance. §4177.5. Alternative Disposition by the
§ 4153. Study and Report. Criminal Court.
§4153.5. Return to the County. §4178. Recommendation to Order Return to
Article 5. Criminal Court Referral for ^ 4^73 5 Summation of Improper Person.
Amenability Determination 198.3 § 4179. Determination of Person Incapable
§ 41 55.5. Required and Optional Information. of Reformation.
§4156. Acceptance or Rejection Action. §4179.5. Determination of an Incorrigible
§ 4156.5. Notice of Action and Delivery Person.
Approval. § 4180. Behavior Detrimental to Interests of
§ 4156.6. Time Limit on Acceptance. Department.
§ 4157. Amenability Determination. § 41 80.5. Behavior Detrimental to Other
Wards.
Article 6. Juvenile Court Referral for § 4181. Notice to the Criminal Court.
Contract Diagnostic Studies § 4182. Confinement Pending Alternative
and Treatment 199 ^^^^^^ ''^"'
§ 4158. Authority to Contract and Refer for Article 3. Order for Return of Juvenile
Services. Court Commitments 203
§4158.5. Discretion to Accept or Reject. i^4j83 Authority to Return.
§4159. Decision to Accept or Reject and §4183.5. Retention of Youth Authority
l!^'''"''.^TS^°''";Tf"°"-- Commitment Until Vacated.
§ 4160. Required and Optional Information. ^ 4j34 Recommendation to Order Return to
§ 4160.5. Acceptance or Rejection Action. Court
§ 4161 . Notice of Action and Delivery ^ 4 j 34 5 Determination of Improper Person.
Approval. §4185. Determination of an Incorrigible
§4161.3. Time Linut on Acceptance. Person
§4161.5. Study and Report. §4185.5. Determination of Person Incapable
§ 4162. Retention for Treatment. ^f Reformation.
§ 4162.5. Return to the County. g 4j g^. Behavior Detrimental to Interests of
Department.
Chapter 1 .6. Commitment to the Youth § 4186.5. Notice to the Juvenile Court.
Authority 200 § 4187. Confinement Pending Juvenile
Court Action.
Article 1. General Provisions 200 § 4187.5. Transportafion.
§4165. Introduction. Article 4. Recommendation That Criminal
§ 4165.5. Definitions. ^ t-> n ^
§ 4166. General Standards and Premises. Court Recall Commitment 204
§ 4188. Authority to Recommend Recall.
Article 2. Criminal Court Commitment 200 § 4188.5. Criteria for Recall
§4167. Authority to Commit. Recommendation.
Page ii
(7-13-2007)
Title 15
Department of the Youth Authority
Table of Contents
Page
Chapter 1 .8. Extended Confinement Time and
§4218.5.
J
uiisuiv^LUjii uvci i.-'aiigciuus
§4218.7.
Persons
. 204
§4218.9.
Article ] .
General Provisions
. 204
Article 5.
§4219.
Article 2.
Initial Application for
Extension
. 204
§4219.1.
§4191.
Authority to Apply for Extension.
§ 4219.2.
§4219.3.
§4219.4.
§4219.5.
§4219.6.
§4192.
Reasons for Application.
§ 4192.5.
Staff Recommendation.
§ 4193.
Evidence of Dangerousness.
Article 3.
Reapplication for Extension
. 205
§4219.7.
§ 4195.
Authority to Reapply for Extension.
§4219.8.
§4196.
Procedures and Reasons for Filing
§ 4219.9.
Reapplication.
Article 6.
Chapter 1.9. State Prison Commitment With
§ 4220.
Youth Authority Housing
. 205
Subchapter 1 .6.
§4197.
Acceptance or Rejection Action.
§4197.1.
Requirement to Provide
Information.
§4197.2.
Discretion to Reject.
§ 4197.3.
Notice of Action and Delivery
Approval.
§ 4197.4.
Time Limit on Acceptance.
§4198.
Transfer to State Prison.
Article 1.
§ 4222.
Chapter 2. Prevention and Community
§4222.1.
Corrections
. 206
Article 2.
Subchapter 1 .
General Provisions
. 206
§ 4224.
§4224.1.
Article 1.
Appeal Hearing Procedures
. 206
§ 4224.2.
§ 4200.
Purpose.
§ 4224.3.
§ 4201.
Definitions.
Article 3.
§ 4202.
Appeal Hearing Procedures.
§ 4225.
Article 2.
Status Offender Reporting
§4225.1.
Procedures
. 206
§ 4225.4.
§ 4208.
Introduction.
§ 4225.6.
§ 4209.
Definitions.
§ 4225.8.
§ 4210.
Reporting Requirements.
§4211.
Confidentiality of Records.
Article 4.
§ 4212.
Report Coordinator
§ 4213.
Exclusion from Reporting.
§ 4226.
Subchapter 1.5.
County Correctional
§ 4226.1.
Facility Capital
Article 5.
Expenditure Bond Act of
§ 4227.
1986 (Juvenile
Facilities)
. 207
§4227.1.
§ 4227.2.
Article 1.
General Provisions
. 207
§ 4227.3.
§4215.
§4215.1.
Purpose.
Definitions.
§ 4227.4.
§ 4227.5.
§ 4227.6.
Article 2.
Allocation of Funds
. 207
§ 4227.7.
§4216.
Initial Allocation of Funds.
§ 4227.8.
§4216.1.
Reallocation of Funds.
Article 6.
§ 4216.3.
Failure to Execute Contract.
§ 4228.
Article 3.
Eligibility for Funds
. 208
Subchapter 2.
§4217.1.
County Match.
§ 4217.2.
Hard Match.
Article 1.
§4217.3.
Soft Match.
§ 4230.
§ 4217.4.
Counties That Have Juvenile
§4231.
Facilities.
§ 4232.
§ 4217.5.
Starting Date.
§ 4233.
Article 4.
Application for Funds
. 208
Article 2.
§4218.
Joint Application.
§ 4250.
§4218.1.
Time Schedule.
§ 4251.
§4218.3.
Initial Application for Funds.
§ 4252.
Page
Review and Modification of
Application.
Application for Additional Funds.
Project Eligibility Declaration.
Administration of Funds 209
Costs That May and May Not Be
Funded.
Contract.
Disbursement of Funds.
Project Modifications.
Accounting.
Monitoring.
Completion of Project.
Final Financial Statement.
Audits.
Unused Funds.
Appeal of Decisions 210
Appeal Procedure.
County Correctional
Facilities Capital
Expenditure and Youth
Facility Bond Act of
1988 (Juvenile
Facilities) 210
General Provisions 210
Purpose
Definitions.
Eligibility for Funds 210
County Match.
Hard Match.
Soft Match.
Starting Date.
Application for Funds 211
Time Limit for Applications.
Separate Applications for Difference
Puiposes.
Joint Application.
Content of the Application.
Review and Modification of
Application.
Funding Decisions 211
Project Eligibility Declaration.
Regional Facilifies for Youth with
Special Problems.
Administration of Funds 212
Costs That May and May Not Be
Funded.
Contract.
Disbursement of Funds.
Project Modifications.
Accounting.
Monitoring.
Completion of Project.
Edit Financial Statement.
Audits.
Appeal of Decisions 213
Appeal Procedure.
Youth Service Bureaus 213
Definitions 213
Youth Service Bureau.
Fiscal Year.
Bureau.
Contracting Organization.
Operations Standards 213
Legal Enfity.
Administration.
Personnel.
Page iii
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
§ 4253.
Citizens Advisory Board.
§ 4254.
Facility.
§ 4255.
Services and Programs.
§ 4255.5.
Contract Modification.
§ 4256.
Evaluation and Records.
§ 4257.
Application for Funding.
§ 4258.
Application Criteria for Youtii
Service Bureaus.
§ 4259.
Cost Shaiing.
§ 4260.
Procedures for Payment of Funds.
§4261.
Auditing of Records.
§ 4262.
Youth Service Bureau Inspection
and Evaluation.
§4263.
Renewal.
Subchapter 3.
Minimum Standards for
Juvenile Halls
. 215
Article 1.
Definitions
. 215
§ 4266.
Juvenile Hall.
§ 4267.
Maximum Capacity.
§ 4268.
Clear Space.
§ 4269.
Child Supervision Staff Member.
Article 2.
Building and Grounds
715
§4271.
Construction and Remodeling.
§ 4272.
Space Requirements.
§ 4273.
Maximum Capacity.
§ 4274.
Emergency Provision.
§ 4275.
County Inspection and Evaluation of
Building and Grounds.
§ 4276.
Existing Juvenile Halls.
Article 3.
Administration
. 215
§ 4277.
Establishment and Control.
§ 4278.
Plan of Operation.
Article 4.
Personnel
. 215
§ 4279.
Personnel Management.
§ 4280.
Staff Training.
§4281.
Staff Qualifications.
Article 5.
Admission and Release of
Minors
. 216
§ 4282.
Intake and Admission Policy and
Procedures.
§ 4283.
Admittance Procedures.
§ 4284.
Release Procedures.
Article 6.
Prosrams and Activities
. 216
§ 4308.
§ 4309.
§ 4310.
Article 10.
§4311.
§ 4312.
§ 4313.
§4314.
§4315.
Article 11.
§4315.1.
§ 4315.3.
§4315.4.
§4315.5.
§ 4285.
§ 4286.
§ 4287.
§ 4288.
§ 4289.
§ 4290.
§4291.
Article 7.
§ 4294.
§ 4295.
§ 4296.
§ 4297.
§ 4298.
Article 8.
§ 4300.
§4301.
§ 4302.
§ 4303.
§ 4304.
Article 9.
§ 4305.
§ 4306.
§ 4307.
School Program.
Recreation and Exercise Program.
Religious Program.
Work Program.
Visiting.
Correspondence.
Counseling and Casework Services.
Behavior Control
Classification.
Discipline.
Grievance Procedure.
Prior Knowledge of Rules.
Temporary Lockup.
Health and Welfare
Medical and Dental Services.
Food and Nutrition.
Clothing, Bedding and Laundry
Services.
Personal Hygiene.
Access to Legal Services.
Reports, Statistics and
Evaluation
Security.
Reporting of Juvenile Hall
Populafion.
Reporting of Legal Actions.
216
216
216
Subchapter 4.
Article 1.
§4316.
§4317.
Article 2.
§ 4322.
§ 4323.
§ 4324.
§ 4325.
§ 4326.
Article 3.
§ 4328.
§ 4329.
Article 4.
§4331.
§ 4332.
§ 4333.
Article 5.
§ 4335.
§ 4336.
§ 4337.
§ 4338.
§ 4339.
Article 6.
§ 4341.
§ 4342.
§ 4343.
§ 4344.
§ 4345.
§ 4346.
§ 4347.
§ 4348.
Article 7.
§ 4350.
§ 4351.
Article 8.
§ 4353.
§ 4354.
§ 4355.
§ 4356.
Article 9.
§ 4358.
Page
Report of Death of a Minor While
Detained.
Annual Evaluation.
Appeal.
Detention of Status
Offenders in Juvenile
Halls 217
Definitions.
Reasons for the Detention.
Separation.
Admission and Holding Areas.
Other Provisions and Exceptions.
Special Puipose Juvenile
Halls 217
Definition.
Exceptions.
Multipurpose Space or Room.
Food Service Procedures.
Minimum Standards for
Juvenile Homes, Ranches,
Camps, or Forestry
Camps 217
Definitions 217
Camp.
Child Supervision Staff Member.
Buildings and Grounds 218
Construction and Remodeling.
Space Requirements.
Maximum Capacity.
County Inspection and Evaluation of
Buildings and Grounds.
Existing Camp.
Administration 218
Establishment and Control.
Plan of Operation.
Personnel 218
Personnel Management.
Staff Qualificauons.
Staff Training.
Admission and Release 218
Commitments.
Admission Criteria.
Admittance Procedure.
Individual Assessment and Plan.
Release.
Program and Activities 219
Program Statement.
Counseling and Casework Services.
Work Program.
School Program.
Religious Program.
Recreation and Exercise Program.
Visiting.
Correspondence.
Behavior Control 219
Discipline.
Grievance Procedure.
Health and Welfare 219
Medical and Dental Services.
Food and Nutrition.
Clothing, Bedding and Laundry
Services.
Personal Hygiene.
Reports, Statistics and
Evaluation 219
Monthly Population.
•
•
Page iv
(7-13-2007)
Title 15
Department of the Youth Authority
Table of Contents
Page
Page
§ 4359. Legal Actions.
§ 4360. Report of Death of a Minor While
Detained.
§4361. Annual Certification.
§ 4362. Appeal.
§ 4363. Camp Capacity Decrease.
Subchapter 4.5. County Contributions to
Department of Youth
Authority: Reduced
County Camps Capacity
and Increased
Commitments 220
Article 1 . General Provisions 220
§4364.10. Purpose.
§4364.11. Definitions.
§4364.12. Scope.
§ 4364.13. Continuation of County Liability.
Article 2. Reduction of Social Services
Allocations 221
§ 4364.20. Use of Redirected Funds.
§ 4364.21 . Procedure: Calculating Amount of
Funds to be Redirected.
§ 4364.22. Camp Space Contracts Between
Counties.
Article 3. Performance Monitoring 221
§ 4364.30. Camps Capacity Monitoring.
§ 4364.32. Audit of Records.
Subchapter 5. County Justice System
Subvention Program 221
Article 1 . Scope 221
§ 4366. Former Program and Chapter 288
Program.
Article 2. Definitions 221
§ 4367. Capital Construction.
§ 4367.5. Modified Base Commitment Rate.
§ 4368. Encumbered Funds.
§ 4369. Funding Year.
Article 3. General Provisions 222
§ 4370. Programs Eligible for Subventions.
§ 437 1 . Program Maintenance for Fiscal
Year 1982-83.
§ 4372. Capital Construction.
Article 4. Administration 222
§4373. Modification of Programs.
§ 4374. Expenditure Time Limits,
Liquidation and Reporting.
§ 4375. Records.
§ 4376. Audit of Records.
§ 4378. Appeal.
Article 5. Definitions 222
§ 4379. Capital Construction.
§ 4380. Department.
§ 4380.5. Maintenance of Effort for
Delinquency Prevention.
§ 438 1 . Eligible for Commitment.
§ 4382. Funding Year.
§ 4383. High Risk of Becoming EHgible for
Commitment.
§ 4384. Income Earned.
§ 4385. Subsequent Year.
§ 4386. Extension of DeadHnes.
Article 6. General Provisions 223
§ 4387. Application for Funding.
§ 4388. Rules of Operation of the County
Justice System Advisory Board.
§ 4389. Allocation Authority.
§ 4389.5.
Public Hearings by the Board of
Supervisors.
§ 4390.
Records.
§4391.
Expenditure Reporting.
§ 4392.
Contact with County.
Article 7.
Performance
§ 4393.
Notice to County.
§ 4394.
Withholding Funds.
§ 4394.5.
Carryover of Unused Funds.
§ 4394.8.
Overpayment of Funds.
§ 4395.
Use of Reduced Payments.
§ 4396.
Calculating Amount of Funds to Be
Withheld.
§ 4397.
Alternative to Withholding of
Funds.
Article 8.
Performance Monitoring
§ 4398.
Juvenile Correctional Facility
Capacity Monitoring.
§ 4399.
Juvenile Court Commitment
Monitoring.
Article 9.
Audits
§ 4400.
Audit of Records.
§ 4400.5.
Method of Counting New
Commitments.
§4401.
Repayment of Funds.
§4401.5.
Calculation of Modified Base
Commitment Rate.
Article 10.
Appeal
§ 4402.
Appeal.
§ 4403.
County Population for Commitment
Rates.
§4404.
Repayment of Funds.
§4408.
Notice and Plan for Correction of
Violations.
§4409.
Unusual Circumstances.
§4410.
Appeal.
§4411.
Appeal to the Board of Corrections.
§4412.
Method of Determining the Amount
to Be Withheld or Repaid.
§4413.
Withholding or Repayment of
Funds.
§4414.
Monitoring of the County Justice
System Subvention Program.
§4415.
Annual Report to Legislature.
§4416.
Independent Evaluation.
§ 4417.
Reporting of Statistics.
Subchapters.!.
Juvenile Offender Local
Prevention and
Corrections Act
Article 1.
General Provisions
§4418.
Purpose.
§4418.1.
Definitions.
§ 4418.2.
Scope.
Article 2.
Administration of Funding
Program
§4419.
Basis of Available Funding.
§4419.1.
Formula for Allocation of Funds.
§4419.2.
Population Reports.
§4419.3.
Application for Quarterly Funding.
§ 4419.4.
Disbursement of Funds.
§4419.5.
Eligibility Status.
§4419.6.
Inter-County Agreements.
§4419.7.
Extension of Deadlines.
§4419.8.
Accounting.
§4419.9.
Auditing.
Subchapter 6.
Crime and Delinquency
Prevention
Article 1.
General Provisions
§4425.
Statutory Authority.
§4426.
Legislative Intent.
903
224
224
224
225
225
227
228
228
Page V
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
§ 4427.
Scope.
§ 4469.
§ 4428.
Role of the Department of the Youth
Authority.
Article 5.
§ 4429.
Advisory Commission.
§4470.
§ 4429.5.
Role of the Advisory Commission.
Article 6.
Article 2.
Definitions
229
§4471.
§ 4430.
Delinquency Prevention.
Article 7.
§ 4430.2.
Crime and Delinquency Prevention
§4472.
Project.
§4431.
Contracting Organization.
Subchapter 6.6.
§ 4432.
Technical Assistance.
§4432.1.
Application.
§ 4433.
Agency.
Article 1.
§4433.1.
Contract Agency.
§ 4475.
Article 3.
Delinquency Prevention
§4476.
Commissions' Role and
Article 2.
Funding
. 229
§4477.
§ 4434.
The Role of a County Delinquency
§4478.
§4478.1
Prevention Commission.
§ 4435.
Funds for Administrative Expenses.
Article 3.
§ 4436.
Reimbursement.
§4479.
§ 4439.
Apphcation for Other Funds.
§4481.
Article 4.
Administration of
Article 4.
Delinquency Prevention
§ 4483.
Project Funds
. 230
§4484.
§4440.
Apphcation Process.
§4485.
§ 4486.
§4441.
Contract Modification.
§4444.
Fiscal Reporting.
§ 4445.
Matching Funds.
Article 5.
§4446.
Unused Funds and Disallowed
Expenditures.
§4487.
§4447.
Fiscal Records.
§ 4488.
§4448.
Audit of Records.
§ 4489.
§ 4449.
Demonstration and Experimental
§4490.
Project Funds.
§4491.
Article 5.
Minimum Standards for
§4492.
§4493.
§4494.
Delinquency Prevention
Project
. 230
§4495.
§ 4450.
General.
§4496.
§ 4450.3.
Characteristics of Delinquency
Prevention Services and Projects.
Subchapter 7.
§ 4450.4.
Structure and Organization of
Projects.
§ 4450.5.
§4451.
Administration.
Personnel.
Article 1.
§ 4452.
Facility.
§ 4500.
§ 4455.
Services and Programs.
§4501.
§ 4456.
Evaluation, Records and Reports.
§ 4502.
§ 4457.
Other Standards.
§ 4503.
§ 4504.
Subchapter 6.5.
Minimum Standards for
Regional Youth
§ 4505.
Educational Facilities
. 231
§ 4506.
Article L
Operation Standards
. 231
Article 2.
§ 4460.
Administration.
§4510.
§4461.
Personnel.
§4511.
§ 4462.
Physical Facility.
§ 4512.
§ 4463.
Sixty-Day Program Extension.
Article 2.
Program Description
. 231
Article 3.
§ 4464.
Performance Standards for Program
§ 4516.
Elements.
§ 4517.
§ 4465.
Post Release Program.
§4518.
Article 3.
Research, Evaluation and
§ 4519.
§ 4520.
Records
. 232
§4521.
§ 4466.
Research and Records.
§ 4522.
§ 4523.
Article 4.
Administration of Funds
. 232
§ 4467.
Application for Funding.
§ 4524.
§ 4468.
Audit of Funds.
§ 4525.
Page
Unused Funds.
Selection Criteria 237
Selection Process.
Contract 237
Contract Required.
Payment to Counties 237
Distribution of Funds.
Youth Centers and Youth
Shelters 237
General Provisions 237
Purpose.
Definitions.
Eligibility for Funding 237
Starting Date.
Location of Projects.
Institutions Ineligible for Funding.
Application for Funds 238
Application Guidehnes.
Time Schedule.
Funding Decisions 238
Funding Cycles.
Placing Applications in Priority
Order.
Project Funding Decision.
Failure to Execute Contract.
Administration of Funds 238
Acquisition, Renovation, and
Construction Costs.
Equipment.
Contract.
Disbursement of Funds.
Project Modifications.
Accounring.
Monitoring.
Completion of Project.
Required Reports.
Audits.
Minimum Standards for the
Detention of Minors in
Jail 240
General Provisions 240
Introduction.
DefiniUons.
Restricdons on Contact with Adult
Prisoners.
Statutory Authority.
Annual Inspection.
Appeal.
Submittal of Plans and
Specificafions.
Records and Statistics 240
Annual Reporting Requirements.
Monthly Population Report.
Report of Death of a Minor While
Detained.
Planning and Design 240
Living Areas for Minors.
Single Occupancy Cells.
Multiple Occupancy Cells.
Bed and Mattress.
Dayroom.
Toilets/Urinals, Wash Basin and
Showers.
Drinking Fountains.
Lighring.
Heating and Cooling.
Maximum Capacity.
Page vi
(7-13-2007)
Title 15
Department of the Youth Authority
Table of Contents
Page
Page
§ 4526.
Existing .lail or Lockup.
§ 4593.
Notice of Approval.
§ 4527.
Subsidiary Inspection.
§ 4594.
Unused Funds.
Article 4.
Intake and Release
. . 241
§ 4595.
§ 4596.
Records.
Audit of Records.
§ 4530.
Admittance Procedures.
§ 4597.
Further Allocation of Available
§4531.
Release Procedures.
Funds.
Article 5.
Supervision of Minors
. . 241
Chapter 3. Institutions and Camps Services
. . 247
§ 4534.
Supervision of Minors.
§ 4535.
Handling of Special Needs of
Subchapter 1 .
General Provisions
.. 247
Minors.
Article 1.
Definitions
.. 247
Article 6.
Health and Welfare
. . 241
§ 4600.
Definitions.
§ 4538.
§ 4539.
Medical Services.
Medical Procedures.
Article 2.
Authority and Objectives
.. 247
§ 4540.
Food and Nutrition.
§4601.
Objectives of Branch.
§4541.
Clothing and Personal Hygiene.
§ 4602.
Program Assignments.
§ 4542.
Bedding and Linen.
§ 4603.
Plans for Emergencies.
Article 7.
Program and Activities
, . 241
Article 3.
Diagnostic Services
.. 247
§ 4545.
Recreation Programs.
§ 4610.
Receiving Procedures.
§ 4546.
Visiting.
§4611.
Diagnostic Procedures.
§ 4547.
Correspondence.
Article 4.
Classification and
§ 4548.
Disciplinary Procedure.
Treatment
. . 247
§ 4549.
Religious Program.
§ 4616.
Institutional Receiving and Initial
Subchapter 7.5.
Standards for the
Classification.
Temporary Custody of
§4617.
§4618.
Institutional Treatment System.
IniUal Case Conference.
Minors in Law
§ 4619.
Initial Case Conference Report.
Enforcement Facilities
. . 242
§ 4620.
§4621.
Progress Case Conference.
Referral to Parole.
Article 1.
General Provisions
242
§4621.1.
Illegal Aliens.
§ 4550.
Purpose.
§4621.2.
Transfer of Foreign Nationals.
§4551.
Definitions.
§ 4622.
§ 4623.
Annual Review.
Case Reports to the Board.
Article 2.
Temporary Custody in a Law
Article 5.
Disciplinary Decision Making
System
Enforcement Facility
242
.. 248
§ 4552.
Minors Arrested for Law Violations.
§ 4553.
Written Policies and Procedures.
§ 4630.
Disciplinary Actions.
§ 4554.
Time Limit.
§4631.
Exemptions from Disciplinary
§ 4555.
Care of Minors in Temporary
Decision Making System (DDMS).
Custody.
§ 4632.
Wards' Rights and Responsibilities
§ 4556.
Contact Between Minors and Adult
Under DDMS.
Prisoners.
§ 4633.
Decision Making Levels and
Processes.
Article 3.
Secure Detention During
§ 4634.
DDMS Behaviors and Dispositions.
§ 4560.
§4561.
§4561.1,
§4561.2,
§ 4562.
§ 4563.
Temporary Custody
Criteria for Secure Detention.
Conditions of Secure Detention.
Secure Detention Inside of a Locked
Enclosure.
Secure Detention Outside of a
Locked Enclosure.
Information to Minor.
Written Record of Secure
Detention.
. . 243
§ 4635.
§ 4636.
§ 4637.
§ 4638.
§ 4639.
§ 4641.
§ 4642.
§ 4643.
§ 4644.
§ 4645.
Staff Roles.
Time Limits on Fact Finding
Hearings.
Temporary Restriction.
Confinement in Secure Quarters.
Investigation.
Referral for Prosecution.
Nofice of Hearing.
Waivers.
Ward Representation.
Witness.
Article 4.
Nonsecure Custody During
§ 4646.
Fact Finding Hearing.
Temporary Custody
. . 243
§ 4647.
§ 4648.
Disposition Hearing.
Disposition Action.
§ 4565.
Criteria for Nonsecure Custody.
§ 4649.
Appeal Process.
§ 4566.
Supervision of Minors in Nonsecure
§ 4650.
Level A Behavior: Appeal.
Custody.
§4651.
Level A Behavior: Second Level
Subchapter 8.
Status Offender Detention
Appeal.
§ 4652.
Criteria for Level B Behavior
Grants
, . 244
Appeal.
§ 4585.
Definitions.
§ 4653.
Level B Behavior: Appeal.
§ 4586.
Request for Funds.
§ 4654.
Level B Behavior: Second Level
§ 4587.
Capital Construction.
Appeal.
§ 4588.
Encumbered Funds.
Article 6.
Parole Rescission Hearings
. . 253
Article 2.
General Provisions
, . 244
§ 4660.
Parole Rescission Hearings.
§ 4589.
Legislative Intent.
§4661.
Criteria for Parole Rescission
§ 4590.
Use of Funds.
Proceedings.
Article 3.
Administration of Funds
, . 244
§ 4662.
Preparation for Parole Rescission
Hearings.
§4591.
Request for Funds.
§ 4663.
Witnesses.
§ 4592.
Approval.
§ 4664.
Ward Representation.
Page vii
|7 \} 20(17 1
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
Page
§ 4665.
Time Limits.
§ 4666.
Parole Rescission Hearing Process.
Article 7.
Administrative Transfers 254
§ 4670.
Administrative Transfers,
§4671.
Transfer in a Non-Kmergency
Situation.
§ 4672.
Transfer in an Emergency Situation.
§4673.
Review of Transfer.
§ 4674.
Health Facilities Transfers.
§ 4675.
Department of Coirections
Transfers.
Article 8.
Escapes . 255
§ 4680.
Definition of Escape.
§4681.
Attempted Escapes.
§ 4682.
Escape from Non- Youth Authority
Health Facility.
§ 4683.
Staff Procedure.
§ 4684.
Apprehension of Escaped Ward.
§ 4685.
Escape Status.
Subchapter 2.
General Institutional
Article 1.
§ 4690.
§4691.
§ 4692.
§ 4693.
§ 4694.
§ 4695.
§ 4696.
§ 4697.
§ 4698.
§ 4699.
§ 4700.
§4701.
§ 4702.
§ 4703.
§ 4704.
§ 4705.
Article 2.
§4710.
§4711.
§4712.
§4713.
§4714.
Article 3.
§ 4720.
§4720.1.
§4721.
§ 4722.
§ 4723.
§ 4724.
§ 4725.
Subchapter 3.
Article 1.
§ 4730.
§4731.
§ 4732.
§ 4733.
§ 4734.
§ 4735.
Management Rules 256
General Restrictions and
Provisions Relating to
Wards
256
Informing Wards of Rights and
Responsibilities.
Ward Advisory Committees.
Ward Grooming.
Ward Marriages.
Care of Ward Property.
Correspondence.
Visiting Program.
Visit Searches.
Use of Tobacco.
Ward Telephone Calls.
News Media Access to Institutions
and Wards.
Law Libraries.
Ethnic Holidays.
Off-Grounds Activities.
Warrants of Arrest/Detention.
Weight Lifting Program.
Contraband and Searches 258. l
Definition and Possession of
Contraband.
Search for Contraband or Evidence.
Contraband Seizure and Disposal.
Skin Searches.
Rectal/ Vaginal Searches.
Ward Trust Funds, Benefit
Funds, and Work Programs 259
Credit to Ward Trtist Funds.
Restitution Deductions from Trust
Account Deposits.
Expenditure of Ward Trust Funds.
Dependents' Benefits for Ward.
Benefit Fund.
Ward Pay Program.
Payment Method.
Services to Wards 260
Medical and Dental Services . . .
Medical and Dental Treatment.
Treatment Centers.
Medical and Dental Examinafion.
Consent for Medical or Dental
Treatment.
Refusal of Medical or Dental
Treatment.
Compulsory Medical or Dental
Treatment.
260
§ 4736. Abortion.
§ 4737. Family Planning Services.
§ 4738. Infirmary Care.
§ 4739. Off-Site Medical and Dental
Treatment.
§ 4740. Dental Examinations and
Treatment.
§ 4741. Environmental Inspection.
Article 1.5. Mental Health 262
§ 4742. Availability of Mental Health
Services.
§ 4743. Mental Health Records.
§ 4744. Suicide Prevention, Assessment, and
Response.
§ 4745. Youth Authority Global Assessment
of Functioning ( YA-GAF).
§ 4746. Psychotropic Medication.
§ 4746.5. Voluntary Psychotropic Medication
to Minors.
§ 4747. Involuntary Psychotropic
Medication.
Article 2. Religious Services 264
§ 4750. Definitions.
§ 4750. 1 . Religious Services to Wards.
§ 475 1 . ChaplainAVard Communication.
Article 3. Education Program 264.1
§ 4760. Instructional Programs.
§ 476 1 . Physical Education.
§ 4762. Family Life Education.
§ 4763. Survival Education.
§ 4764. Career Education Programs.
§ 4765. College Programs.
§ 4766. Elementary and Secondary
Education Act.
§ 4767. General Education Development
Tests.
§ 4768. Records, Evaluations and
Transcripts.
Chapter 4. Parole Services 264.2
Article 1 . General Provisions 264.2
§ 4800. Objecfives of the Branch.
§4801. Parole Services.
§ 4802. Environmental Inspection.
Article 2. Pre-Parole Services 264.2
§ 4808. Community Assessment Report.
§ 4809. Community Reaction Investigation.
§ 4810. Dependent's Benefits Investigafion.
§4811. Emergency Furlough.
§ 4812. Training Furlough.
§ 4813. Notification of Death, Serious Injury
or Illness of Ward.
§ 481 4. Placement on Parole.
§ 4815. Release Arrangements.
Article 3. Parole Supervision 264.3
§ 4820. Inifial Contact.
§ 4821 . Registrafion of Special Cases.
§ 4822. Continuing Supervision.
§ 4823. Search.
§ 4825. Annual Review.
§ 4826. Temporary Detention.
§ 4827. Out-of-state Travel.
§ 4828. Revised Parole Conditions.
§ 4829. Electronic Monitoring Home
Restriction.
Article 4. Services to Parolees 264.4
§ 4830. Introduction.
§ 4830. 1 . Limitations on Parole Services for
Aliens.
§ 4831. Financial Assistance to Parolees.
§ 4832. Purchase of Conununity
Counseling.
§ 4833. Purchase of Counseling Program.
Page viii
(7-13-2007)
Title 15
Department of the Youth Authority
Table of Contents
Page
Page
Article 5
§ 4834.
Medical Care of Pai-olees.
§ 4835.
Substance Abuse Treatment.
§ 4836.
Educational Services.
§ 4837.
timployment Services.
§ 4838.
Visits by Chaplains to Wards on
Parole.
§ 4839.
Out-of-Home Placements.
§ 4840.
Medical Care in Out-of-Home
Placements.
§4841.
Space and Furnishing
Requirements.
§ 4842.
Trust Funds.
§ 4843.
Sealing of a Ward's Records.
§ 4844.
Assistance to Discharged Persons.
5.
Parole Violation, Detention
and Revocation
Article 6
265 Chapter 5.
§ 4845.
Introduction.
§ 4846.
Purposes of Search.
§ 4847.
Guidelines for Search.
§ 4848.
Search of Premises.
§ 4848.5.
Warrants of AiTest/Detention.
§ 4849.
Arrest/Detention of a Pai'olee.
§ 4850.
Detention of a Parolee.
§4851.
Missing Parolees.
§ 4852.
Parole Violation.
§ 4853.
Parole Revocation.
6.
Parole Discharge
§ 4856.
Discharge Reports.
§ 4857.
Administrative Discharge.
266
Youth Authority Board 266
Page ix
Title 15
Department of the Youth Authority
§4004
Division 4.
Department of tiie Youth
Autliority
Chapter 1 . General Provisions
Article 1. Introduction
§ 4000. Statutory Authority.
NOTH: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code.
History
1. Repealer of Article 1 (Sections 4001-4010) and new Article 1 (Sections
4000-4007, not consecutive) filed 3-13-79; effective thirtieth day thereafter
(Register 79, No. 1 1 ). For prior history of Chapters 1 and 2, see Registers 78.
No. 29; 76, Nos. 2 and 19; and 63, No. 19. Originally published 11-16-45 (Title
15).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4001. Interstate Compact.
NOTE: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1300-1308, Welfare and Institutions Code;
11175-11179, Penal Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4002. General Conditions.
(a) If any article, section, subsection, sentence, clause or phrase of
these regulations is for any reason held to be unconstitutional, contrary
to statute, exceeding the authority of the California Department of the
Youth Authority, or otherwise inoperative, such decision shall not affect
the validity of the remaining portion of these regulations,
NOTE: Authority cited: Section 1712, Welfare and Insdtufions Code. Reference:
Section 1712, Welfare and Institutions Code.
History
1. Editorial correcdon (Register 80, No. 29).
2. Order of Repeal of initial paragraph and subsections (b)-(e) filed 6-3-85 by
OAL pursuant to Government Code Section 11349.7; effective thirtieth day
thereafter (Register 85, No. 26).
3. Editorial correction NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4002.5. Emergency Situations.
(a) The Director may suspend the provisions of these regulations per-
taining to time limits and/or non-critical care, services, and procedures
in the event of a significant disniption of and/or interference with normal
operations, such as natural disasters, riots, escapes, strikes or other work
actions, or other emergency situations, as determined by the Director.
(b) Such suspension of regulations shall be only to the extent reason-
ably necessary to properly cope with the disruption or interference and
only for the period of such disruption or interference.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1000 and 1004, Welfare and Institutions Code.
History
1. New section filed 9-14-79; effective thirtieth day thereafter (Register 79, No.
37).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4003. Rules of Construction.
The following rules of construction apply to the regulations contained
in this division unless otherwise noted:
(a) "Regulation" means rule or regulation.
(b) (Reserved)
(c) (Reserved)
(d) "Shall" is mandatory; "should" is advisory, and "may" is permis-
sive.
(e) The past, present, and future tense may include the others.
(0 The masculine gender includes the feminine gender.
(g) The singular includes the plural.
(h) The listing of criteria to be used in decision making does not pro-
hibit the application of other criteria reasonably related to the decision
being made.
(i) The order of listing criteria is not an indication of relative weight
or importance.
(j) Computation of Time:
(1) "Day" means a calendar day unless otherwise specified.
(2) "Working day" means a calendar day excluding Saturdays, Sun-
days, and official state holidays.
(3) Calendar and working days are computed by excluding the first day
and including the last day.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1712, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (b) and (c) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1 349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4004. Definitions.
Words shall have their usual meaning unless the context or a definition
clearly indicates a different meaning. For the purpose of the regulations
contained in this Division, the following words are defined:
(a) Board. "Board" means the Youthful Offender Parole Board.
(b) Board Representative. "Board Representative" means a case hear-
ing representative who assists the Board in its case hearing functions.
"Board Representative" also refers to the administrative representative
appointed by the Board.
(c) Chairman. "Chairman" means the Chairman of the Youthful Of-
fender Parole Board.
(d) Department of the Youth Authority. "Department" and "Youth
Authority" means the Department of the Youth Authority.
(e) Director. "Director" means the Director of the Department of the
Youth Authority.
(f) Expiration Date by Age. "Expiration date by age" means a date
fixed generally on a birthdate beyond which Youth Authority jurisdiction
may not extend.
(g) Inmate - "Inmate" means a person sentenced to the Department of
Corrections and referred to the Youth Authority for housing.
(h) Expiration Date by Offense. "Expiration date by offense" means
a date fixed based upon the maximum sentence for an offense an adult
could receive if not committed to the Youth Authority, beyond which
Youth Authority jurisdiction may not extend.
(i) Juvenile Court Law, "Juvenile Court Law" means Chapter 2 of Di-
vision 2 of the Welfare and Institutions Code.
(j) Juvenile Justice System. "Juvenile jusfice system" means the po-
lice, courts, and correctional agencies involved in the processing of mi-
nors who may be subject to the jurisdiction of the juvenile courts.
(k) Member. "Member" means a person appointed to the Board by the
Governor subject to confirmation by the Senate.
(/) Out-of-Home Placement. "Out-of-home placement" means any
foster, multiple placement or contract group home where a parolee has
been placed by the Department.
(m) Parole. "Parole" means the conditional release of an offender from
a correctional institution to the community.
(n) Parole Agent. "Parole agent" means, unless otherwise specified, an
employee or any of his supervisors in the Department who is assigned to
supervise juvenile and adult commitments released to the community un-
der the supervision of the Department.
(o) Parolee. "Parolee" means any ward who has been officially re-
leased on parole from an institution or camp.
(p) Parole Revocation. "Parole revocation" means an order by the
Board to remove a ward from parole status.
(q) P.C. "P.C." means the California Penal Code.
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§4007
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(r) Probable Cause. "Probable cause" means a state of facts as would
lead a person of ordinary caution and prudence to believe and conscien-
tiously entertain a strong suspicion that the charges are true.
(s) Regional Administrator. "Regional administrator" means the chief
administrator of a parole region.
(t) Superintendent. "Superintendent" means the chief administrator of
an institution or camp.
(u) Waiver. "Waiver" means a voluntary, knowing, and intelligent de-
cision by a ward to forego one or more of the rights accorded him.
(v) Ward. "Ward" means a youthful offender who is committed to and
under the custody and supervision of the Youth Authority. This defini-
tion shall also apply to contract and out-of-state cases for the period of
time they remain in custody of the Department.
(w) W & I Code. "W & I Code" means the Welfare and Institutions
Code.
(x) Youth Authority Act. "Youth Authority Act" means Chapter 1 of
Division 2.5 of the Welfare and Institutions Code.
(y) Youthful Offender Parole Board. "Youthful Offender Parole
Board" and "Board" means the Youthful Offender Parole Board.
(z) Youth Authority Jurisdiction. "Youth Authority jurisdiction"
means the total period of time (including time on parole) a person com-
mitted to the Youth Authority is subject to the control of the Department.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1712 and 1731.5(c), Welfare and Institutions Code.
History
1. Relettering of subsections (i)-(x) to subsections (i)-(y) and new subsection (i)
filed 2-28-80; effective thirtieth day thereafter (Register 80, No. 9).
2. Amendment filed 10-14-80; designated effective 11-15-80 (Register 80, No.
42).
3. Editorial correction of subsections (a), (c) and (x) filed 1 1-21-85; effective thir-
tieth day thereafter (Register 85, No. 47).
4. Amendment of subsection (g), subsection relettering and amendment of Note
filed 3-7-95; operadve 4-6-95 (Register 95, No. 10).
§ 4007. Meaning of Words.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Use of Force
§ 4034.0. Use of Force Policy.
(a) The California Department of Corrections and Rehabilitation, Di-
vision of Juvenile Justice shall operate under this Use of Force Policy that
defines staff responsibilities and limitations concerning the use of force
(while still allowing discretion in the appropriate application of force).
(b) The policy identifies for staff when and how much force depart-
mental peace officers are trained in regarding the proper use of force. It
ensures supervision, monitoring, and evaluation offeree deployment. It
further ensures discipline is imposed for violations of the Use of Force
Policy, procedures, or training.
(c) At no time are staff permitted to use force against a ward for punish-
ment, retaliation, or discipline.
NOTE: Authoiity cited: Sections 1712 and 1752, Welfare and Institutions Code.
Reference: Secdon 1752, Welfare and Institutions Code; and Sections 147, 149,
830.5, 835 and 843, Penal Code.
History
1 . New article 2 (sections 4034.0-4034.4) and secdon filed 8-1 1-2006 as an emer-
gency; operadve 8-1 1-2006 (Register 2006, No. 32). Pursuant to Penal Code
secdon 5058.3(a)(1), a Certificate of Compliance must be transmitted to OAL
by 1-1 8-2007 or emergency language will be repealed by operation of law on
the following day. For prior history of article 2, see Register 2006, No. 28.
2. New article 2 (sections 4034.0-4034.4) and section refiled 1-18-2007 as an
emergency; operative 1-1 8-2007 (Register 2007, No. 3). A Certificate of Com-
pliance must be transmitted to OAL by 5-18-2007 or emergency language will
be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL
5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and
Institutions Code section 1712 (Register 2007, No. 26).
§4034.1. Definitions.
(a) Use of Force
Force used by an objective, trained, and competent Correctional Peace
Officer, faced with similar facts and circumstances, to subdue an attack-
er, overcome resistance, effect custody, or gain compliance with a lawful
order.
(b) Reasonable Force
The amount of force that an objective, trained, and competent Correc-
tional Peace Officer, faced with similar facts and circumstances, would
consider necessary and reasonable to subdue an attacker, overcome resis-
tance, effect custody, or gain compliance with a lawful order.
(c) Unnecessary Force
The use of force that an objective, trained, and competent Correctional
Peace Officer, faced with similar facts and circuinstances, would consid-
er unnecessary to subdue an attacker, overcome resistance, effect custo-
dy, or gain compliance with a lawful order.
(d) Excessive Force
The use of more force than an objective, trained, and competent
Correctional Peace Officer, faced with similar facts and circumstances,
would use to subdue an attacker, overcome resistance, effect custody, or
gain compliance with a lawful order.
(e) Deadly Force
Any use of force that is likely to result in death.
(f) Great Bodily Injury
An injury that creates a substantial risk of death.
(g) Non-Deadly Force
A use of force option, as defined in Section 4034.2, subsection (b),
which is greater than verbal persuasion but less than force that is likely
to result in death.
NOTE: Authority cited: Sections 1712 and 1752, Welfare and Institutions Code.
Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149,
830.5, 835 and 843, Penal Code.
History
1 . New section filed 8-1 1-2006 as an emergency; operative 8-1 1-2006 (Register
2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 1-1 8-2007 or emergency language
will be repealed by operation of law on the following day.
2. New section refiled 1-18-2007 as an emergency; operative 1-18-2007 (Regis-
ter 2007, No. 3). A Certificate of Compliance must be ti-ansmitted to OAL by
5-1 8-2007 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 1-1 8-2007 order, including new subsection (a)
and subsection relettering, transmitted to OAL 5-14-2007 and filed
6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code
section 1712 (Register 2007, No. 26).
§ 4034.2. Use of Force Options.
(a) For the purposes of this section, "Use of Force Options" refers to
the choices available to an employee when selecting a reasonable force
option.
(b) The choices include but are not limited to: dialogue or verbal per-
suasion, chemical restraint, physical strengths and holds, mechanical re-
straint, less-lethal weapons and firearms.
(1) For the purposes of this section, "less-lethal weapon" refers to a
peace officer's use of departmentally-approved security equipment,
which includes weapons used to fire less-lethal projectiles.
(2) For the purposes of this section, a "firearm" refers to a peace offi-
cer's use of departmentally-approved firearms, which include weapons
used to fire lethal projectiles.
(c) Force shall be used only when reasonably necessary to subdue an
attacker, overcome resistance, effect custody, or to gain compliance with
a lawful order. It is the policy of the California Department of Corrections
and Rehabilitation, Division of Juvenile Justice to accomplish the educa-
tional, treatment and supervision functions with minimal reliance on the
use of force. Employees may use reasonable force as required in the per-
formance of their duties, but unnecessary or excessive force shall not be
used. If staff, at any point, determines the situation can be resolved with-
out any further use of force, staff shall terminate the use of force.
(d) Any employee observing unnecessary or excessive force shall at-
tempt to stop the violation and immediately report it to the Watch Com-
mander verbally and follow up with a written report of their observations
prior to leaving the facility.
Page 190
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Title 15
Department of the Youth Authority
§ 4034.3
(0) An employee shall not use any type of force against a ward, includ-
ing chemical or mechanical restraint as punishment, retaliation, or for
disciplinary purposes.
(f) The Division recognizes the sanctity of human life. Therefore,
deadly force shall only be used when it is reasonable force and is needed
to defend the employee or other persons from the immediate threat of
death or great bodily injury.
(g) A firearm shall not be discharged if there is reason to believe that
persons other than the intended target will be injured.
NOTH: Authority cited: Sections 1712 and 1752, Welfare and Institutions Code.
Reference: Section 1752, Welfare and Institutions Code; and Sections 147, 149,
830.5, 835 and 843, Penal Code.
History
1 . New section filed 8-1 1-2006 as an emergency; operative 8-1 1-2006 (Register
2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 1- 1 8-2007 or emergency language
will be repealed by operation of law on the following day.
2. New section refiled 1-1 8-2007 as an emergency: operative 1-1 8-2007 (Regis-
ter 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by
5-18-2007 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL
5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and
Institutions Code section 1712 (Register 2007, No. 26).
§ 4034.3. Reporting and Monitoring of Force.
(a) Reporting Non-Deadly Force.
(1 ) An employee who observes non-deadly force shall document that
fact by preparing and submitting a Behavior Report form DJJ ( YA) 8.403
(Rev. 08/06), incorporated by reference. An employee who uses non-
deadly force shall document that fact by preparing and submitting a Be-
havior Report form DJJ (YA) 8.403 (Rev. 08/06) and a Use of Force form
DJJ (YA) 8.41 2 (Rev. 08/06), incorporated by reference. The forms shall
identify any witnesses to the incident and describe the circumstances giv-
ing rise to the use of force, and the nature and extent of the force used.
The employee shall provide the form or forms to his or her on-duty su-
pervisor prior to leaving the facility. If an employee is unable to provide
his or her forms prior to leaving the facihty due to an injury, the employee
shall dictate the information in person or via telephone to a peace officer
supervisor who shall complete the form(s).
(2) The employee's on-duty supervisor shall review the forms to en-
sure that they are adequately prepared and to reach a judgment concern-
ing the appropriateness of the force used. The supervisor shall document
his or her conclusions and forward them with the employee's documents
through the designated chain-of-command, to the institutional head for
approval or follow-up action.
(b) Monitoring of Non-Deadly Force.
( 1 ) All use of force shall be reviewed at a supervisory level within 24
hours of the incident. The following factors must be evaluated: the extent
of the injury suffered, the need for the application of force, the relation-
ship between that need and the amount of force used, the threat reason-
ably perceived by the responsible officials, and any efforts made to tem-
per the severity of the force used.
(2) On at least a monthly basis, the Institutional Force Review Com-
mittee (IFRC) and the Regional Parole Force Review Committee
(RPFRC) shall meet to review all completed use of force incidents after
critique by area managers. The IFRC/RPFRC shall examine all levels of
responsibility exercised by subordinate managers and supervisors, and
ensure the appropriateness of completed documentation. The IFRC/
RPFRC shall make a determination concerning the appropriateness of
the use of force, based on the information and reports available. The Su-
perintendent/ Assistant Superintendent shall personally view all video-
tapes arising from use of force incidents.
(A) IFRC is a team tasked with evaluating and monitoring the use of
force incidents and is comprised of the Superintendent/Assistant Super-
intendent, Chief of Security, and at least one other manager (TTS/Lieu-
tenant/Program Administrator) selected on a rotational basis. Addidon-
ally, other staff may attend as guests to observe the process.
(B) RPFRC is a team tasked with evaluating and monitoring the use
of force incidents and is comprised of the Deputy Regional Administra-
tor, a Parole Agent III (Program Specialist), and at least one other manag-
er (Supervising Parole Agent III or Supervising Parole Agent II. selected
on a rotational basis) of the Parole Services and Community Corrections
Branch. Additionally, other staff may attend as guests to observe the pro-
cess.
(3) The Department Force Review Committee (DFRC), designated by
the Chief Deputy Secretary, shall review incidents of use of force to en-
sure staff's actions are in accordance with Use of Force Policy, proce-
dure, and training. The institution and parole executives shall conduct
qualitative analysis of each use-of-force incident. For the purposes of
this section, qualitadve analysis refers to an analysis of the type and
necessity of force used in each use-of-force incident.
(4) The Division's Compliance Unit shall be responsible for conduct-
ing audits of the Division's use of force incidents.
(c) Reporting Deadly Force.
(1) An employee who uses deadly force, whether on or off-duty, shall
ensure that a supervisory employee is notified of the incident without
delay. At the time of nodfication, the employee shall give an oral Public
Safety Statement to the supervisor who will capture the essence of the
oral statement in writing and submit it to the Watch Commander. For the
purposes of this section, a Public Safety Statement is an oral statement
to help determine the general circumstances of the incident, assess the na-
ture and extent of the scene that needs to be controlled, evaluate the need
for additional resources and notifications, set the perimeter, locate in-
jured persons, and determine the nature of evidence to be sought. The
Public Safety Statement shall not include, and the employee shall not be
asked to provide, a step-by-step narrative of the incident or a motive for
his or her actions.
(2) An employee who observes deadly force shall document their ob-
servations in a memo and submit the memo to his or her supervisor prior
to leaving the facility.
(3) The supervisor shall ensure that the chain-of-command and out-
side law enforcement are notified and all necessary health and safety,
medical and security measures are initiated. If the incident is in an institu-
tion/facility, the supervisor shall go to the location and ensure that the
crime scene is protected for preservation of life and evidence.
(4) The manager of the Office of Internal Affairs, or designee, shall
designate an employee to be in charge of the investigation. The employee
shall go to and take charge of the scene. The employee shall assemble the
appropriate investigative staff and ensure that all necessary investigative
procedures and coordinadon with affected law enforcement entities are
accomplished. The product of the investigadon will be a report to the
Chief Deputy Secretary with a conclusion concerning the extent to which
the use of force did or did not comply with the law. However, when dead-
ly force is used in a non-departmental location, local law enforcement
shall take charge of the scene.
(d) Monitoring of Deadly Force.
(1 ) Deadly Force Review Board (DFRB) shall be convened as soon as
possible after the investigation is completed.
(A) The Chief Deputy Secretary or designee shall designate the mem-
bers of the DFRB.
(B) The DFRB shall be composed of at least four members trained in
accordance with Section 832 of the Penal Code. One shall be either the
Director of the Division of Juvenile Facilities, or the Regional Parole Ad-
ministrator outside the region or jurisdiction where the deadly force was
used. The remaining three members shall be non-departmental law en-
forcement professionals.
(C) The DFRB shall examine all aspects of the incident to determine
the extent to which the use of force complied with departmental policies
and procedures, and to determine the need for policy, training and/or
equipment modifications. The DFRB shall report its findings, in writing,
to the Chief Deputy Secretary for approval or follow-up action.
Page 191
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§ 4034.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTF:: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1 752. Welfare and Institutions Code; and Sections 147, 149 and 830.5, Pe-
nal Code.
History
1 . New section filed 8-1 1-2006 as an emergency; operative 8-1 1-2006 (Register
2006, No. 32). Pursuant to Penal Code'section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 1-1 8-2007 or emergency language
will be repealed by operation of law on the following day.
2. New section refiled 1-1 8-2007 as an emergency, including amendment of sub-
section (a)(1); operative 1-18-2007 (Register 2007, No.^3). A Certificate of
Compliance must be transmitted to OAL by 5-1 8-2007 or emergency language
will be repealed by operation of law on the following day.
3. Certificate ofCompliance as to 1-18-2007 order, includingamendment of sub-
sections (a)( 1 ). (b)( 1). (c)(3) and (d)(1)(B), transmitted to OAL 5-14-2007 and
filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions
Code section 1712 (Register 2007, No. 26).
§ 4034.4. Use of Mechanical Restraints.
(a) Mechanical means of physical restraint may be used only under the
following circumstances:
( 1 )When transporting a person between locations. However, a person
who is being transported shall not be locked in any manner to any part
of the transporting vehicle.
(2) When a person's present behavior, apparent emotional state, or
other conditions present a reasonable likelihood that he or she may be-
come violent or attempt to escape.
(3) When directed by medical staff, to prevent a person from attempt-
ing suicide or inflicting injury to himself or herself
(b) Restraints shall not be:
(1) Used as punishment, retaliation or for disciplinary purposes.
(2) Placed around a person's neck.
(3) Applied in a way likely to cause undue physical discomfort or re-
strict blood flow or breathing; e.g., hog-tying.
(4) Used to secure a person to a fixed object unless directed by health
care professional in a licensed clinical facility.
(5) Used to lift a ward.
(c) When mechanical restraint is required, handcuffs, alone or at-
tached to a waist chain, will be the means of restraint normally used.
However, additional mechanical restraint, including leg irons, additional
chains, leather cuffs, or other specialized restraint equipment may be
used when the circumstances indicate the need for the level of control that
such devices will provide, and when applied by custodial staff who have
received training in the proper use of such devices.
(d) Use of restraint equipment by direction of medical staff shall be ful-
ly documented in the institution medical file of the restrained ward.
(e) Only Division-approved restraints are authorized for use in a man-
ner consistent with the manufacturer' s instructions and this Use of Force
Policy regarding the application and use of force.
NOTE: Authority cited: Sections 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfaie and Institutions Code; and Sections 147 and 149, Penal
Code.
History
1 . New section filed 8-1 1-2006 as an emergency; operative 8-1 1-2006 (Register
2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 1 - 1 8-2007 or emergency language
will be repealed by operation of law on the following day.
2. New section refiled 1- 1 8-2007 as an emergency; operative 1-1 8-2007 (Regis-
ter 2007, No. 3). A Certificate of Compliance must be transmitted to OAL by
5-18-2007 or emergency language will be repealed by operation of law on the
following day.
3 . Certificate of Compliance as to 1 -1 8-2007 order, including amendment of sub-
sections (a)(1), (a)(2), (b)(4) and (c), transmitted to OAL 5-14-2007 and filed
6-26-2007, effective 7-26-2007 pursuant to Welfare and Institutions Code
section 1712 (Register 2007, No. 26).
Article 3. Personnel
§ 4035. Staff Training.
NOTE: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Section 832, Penal Code.
History
1. New Article 3 (Sections 4035-4047) filed 3-13-79; effective thirtieth day
thereafter (Register 79, No. 11).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4036. Non-Lethal Chemical Agent Training.
An employee who is required to possess, use or transport chemical
agents (tear gas, mace, etc.) or authorize the use thereof, shall complete
a training course in non-lethal chemical agents.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 12403, Penal Code.
History
1. Editorial coiTcction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Repealer filed 8-11-2006 as an emergency; operative 8-11-2006 (Register
2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by 1-1 8-2007 or emergency language
will be repealed by operation of law on the following day.
3. Repealer refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register
2007. No. 3). A Certificate of Compliance must be transmitted to OAL by
5-18-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 1-18-2007 order reinstafing section, trans-
mitted to OAL 5-14-2007 and filed 6-26-2007. effective 7-26-2007 pursuant
to Welfare and Institufions Code section 1712 (Register 2007, No. 26).
§ 4037. Training Requirements for the Use of Restraining
Devices.
(a) An employee shall not use chemical or physical restraining devices
without proper and adequate training. Training shall include:
( 1 ) Limitations of use, potential dangers in use, who is authorized to
use, the conditions of use, and other practical instructions.
(b) An employee who uses restraining devices without having com-
pleted the approved training shall be subject to disciplinary action.
(c) Supervisory staff who knowingly permit untrained personnel to
use these devices shall be subject to disciplinary action.
NOTE: Authority cited: Section 1712, Welfare and Insdtutions Code. Reference:
Sections 1712 and 1752, Welfare and Institutions Code; and Sections 12403 and
12420, Penal Code.
History
1 . Amendment of subsection (a)(2) filed 6^t-80 (Register 80, No. 23).
2. Order of Repeal of subsection (a)(2) and parenthetical phrase of subsection (b)
fded 6-3-85 by OAL pursuant to Government Code Section 1 1 349.7; effective
thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4038. Use of Lethal Weapons.
NOTE: Authority cited: Sections 171 1.3, 171 1.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 171 1 .3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 2-8-85; effective thirtieth day thereafter (Register 85, No. 6).
§ 4039. Legal Restrictions Governing Ward Care and
Discipline.
An employee shall not use physical force in any form as a disciplinary
technique to direct or control a ward, except to restrain him.
NotE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4040. Use of Restraining Devices [Repealed].
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code; and Section 12403, Penal Code.
History
1 . Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Repealer filed 8-11-2006 as an emergency; operative 8-11-2006 (Register
2006, No. 32). Pursuant to Penal Code section 5058.3(a)(1), a Certificate of
Compliance must be transmitted to OAL by I -1 8-2007 or emergency language
will be repealed by operation of law on the following day.
4. Repealer refiled 1-18-2007 as an emergency; operative 1-18-2007 (Register
2007, No. 3). A Certificate of Compliance must be transmitted to OAL by
Page 192
Register 2007, No. 26; 6-29-2007
Title 15
Department of the Youth Authority
§4086
5-18-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 1-18-2007 order, transmitted to OAL
5-14-2007 and filed 6-26-2007, effective 7-26-2007 pursuant to Welfare and
Institutions Code section 1712 (Register 2007, No. 26).
§4041. Chemical Restraints.
NOTH: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code;
Section 12403, Penal Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4042. Acceptance of Gifts.
NOTE: Authority cited: SecUons 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 171 1.3 and 1752, Welfare and Institufions Code.
History
1. 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).
§ 4043. Employee Communications with Wards.
Communications between a ward and employee, except a chaplain as
prescribed in Section 475 1 , shall not be treated as "privileged communi-
cations." Wards shall be advised by way of the Ward Rights Handbook
that any information provided by a ward may be considered by depart-
mental staff and the Board in making decisions about the ward and will
generally be available to other agencies in the criminal justice system,
consistent with the Information Practices Act. However, such informa-
tion shall be deemed confidential as far as the general public or other
wards are concerned.
NotE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1705 and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Change without regulatory effect amending section filed 2-24-98 pursuant to
section 100, title 1, California Code of Regulations (Register 98, No. 9).
§ 4044. Staff Contact with Parolees.
An employee, other than one providing parole services, who wishes
to establish contact with a parolee, or who is contacted by a parolee on
an ongoing basis, shall notify the ward's designated parole agent.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effecdve thirtieth day thereafter
(Register 85, No. 47).
§ 4045. Personal Transactions.
Personal transactions (i.e., selling, trading, lending, etc.) shall not be
permitted between an employee and a ward.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdon 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4046. Transmittal of Messages or Articles.
An employee shall not take or send, either to or from a ward, any mes-
sages, reading matter, or other items, except as necessary in carrying out
his duties.
NotE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4047. Overnight Stays.
An employee shall not permit a ward to remain overnight in his private
home, foster home or work home owned or operated by him unless spe-
cial permission is first obtained from a full board panel.
NOTE: Authority cited: Section 1712, Welfare and Institufions Code. Reference:
Section 1752, Welfare and Institufions Code.
History
1. Editorial correcfion of NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 5. Ward Grievance Procedure
§ 4085. Definition.
(a) Grievance. A "grievance" means a complaint from a ward concern-
ing:
( 1 ) The substance or application of any written or unwritten policy or
practice of the Department, or other agencies which exercise jurisdiction
over wards pursuant to contractual relationships with the Department,
e.g., the Department of Forestry, or
(2) Any behavior or action directed toward a ward by staff or other
wards.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1752 and 1766.5, Welfare and Institufions Code.
History
1. New Article 5 (Sections 4085-4107) filed 3-13-79; effective thirtieth day
thereafter (Register 79, No. 1 1 ).
2. Order of Repeal of subsections (b) and (c) filed 6-3-85 by OAL pursuant to
Government Code Secfion 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
3. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4086. Grounds for Filing.
A ward may file a grievance concerning any of the following circum-
stances:
(a) Actions or policies of the Department or other agencies which exer-
cise jurisdiction over wards pursuant to contractual relationships with the
Department, e.g., the Department of Forestry.
(b) Staffing conclusions and/or staffing recommendations to the
Board, except for Disciplinary Decision Making System dispositions.
The criteria to be considered during any level of review to deteimine the
merit of such a grievance are:
(1) Whether staffing conclusions and/or recommendations were ar-
rived at fairly and in accordance with estabUshed Board, Departmental
or institution/parole policy and procedures, or
(2) Whether information presented in the case material was false, dis-
torted, or misleading, or if information which had a direct influence on
the staffing conclusion and/or recommendation was missing; except that
disagreement with staff impressions, diagnosis, or prognosis is not
grounds for a grievance, or
(3) Whether staffing conclusions and/or recommendations ignored the
recommended receiving institution's formal transfer criteria, or
(4) Whether the staffing conclusions and/or recommendations were
consistent with the facts presented in one or more of the various separate
reports making up the case material, or whether inconsistencies were ful-
ly explained and recorded in the staffing report.
(c) Detentions of parolees by Department staff prior to the issuance of
a warrant or detention order. Subsequent to the issuance of a warrant or
detention order, a Board-ordered detention shall be only appealable
through the Board appeal process as prescribed in Sections 4935^940.
(d) Decisions relative to temporary restrictions. Such restrictions in-
clude:
(1) Confinement in secure quarters.
(2) Loss of scheduled visiting privileges.
(3) Loss of a day pass or off-grounds privileges.
(4) Restriction to the living unit.
(5) Removal from educational or vocational programs.
(6) Other restrictions in program or privileges.
(e) Alleged employee misconduct, improper or inappropriate behav-
ior, or failure of an employee to perform assigned duties.
NotE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Insfitutions Code.
Page 192.1
Register 2007, No. 26; 6-29-2007
§4087
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1 . Amendment of subsection (b)( 1 ) filed 2-1-80; effective thirtieth day thereafter
(RegisterSO, No. 5).
2. Editorial coiTection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register85, No. 47).
§ 4087. Grounds Prohibited.
(a) The following actions are not within the grievance procedure:
( 1 ) Actions or poHcies of the Board, including matters delegated to the
Board. Such matters may be appealed through the Board's appeal process
as prescribed in Sections 4935-4940.
(2) Corrective actions imposed administratively against an employee.
(3) Matters related to Disciplinary Decision Making System (DDMS)
investigations, hearings, findings of fact, and dispositions which are sub-
ject to a "timely" appeal through the Disciplinary Decision Making Sys-
tem appeal procedure, except for:
(A) Administrative actions taken on requests for extensions of time
limits on fact finding hearings.
(B) Confinement or restriction due to failure to commence fact finding
hearings within time limits as set forth in DDMS policy and procedures.
(See Section 4636.)
(b) Implementation of DDMS dispositions which have been subject to
regular DDMS appeal need not be delayed pending resolution of any
grievance, including those specified in subsection (a).
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Amendment of subsection (a) filed 2-1-80; effective thirtieth day thereafter
(Register 80, No. 5).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4088. Disagreements Concerning Grounds.
Disagreements concerning whether a specific grievance falls within
the grievance procedure criteria may be handled as any other grievance
and resolved through the regular grievance procedure. Either party shall
have the full right of appeal, including an independent review.
NOTE: Authority cited: Section 1712, Welfare and Insdtutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4089. Grievance Procedure Standards.
Each insdtution, camp and parole region shall have a ward grievance
procedure which meets the following standards:
(a) The procedures and means for fiUng a grievance shall be made
readily available to each ward (including parolees).
(b) The procedure shall provide for fair, expeditious, and easily under-
stood methods which ensure:
( 1 ) That a ward is given an opportunity for a full and fair hearing, con-
sideration, and resolution of the grievance.
(2) That written, step-by-step instructions are provided to wards and
staff to explain:
(A) How a ward, including one on restricted status, may initiate the fil-
ing of a grievance.
(B) How a ward may appeal a grievance resolution.
(C) The right of the ward to decline informal resolution.
(D) The right of the ward to decline to accept an informal resolution.
(E) The right of the ward to representation.
(F) Emergency grievance procedure.
(G) Time limits at each grievance level.
(H) Safeguards to the ward against reprisals.
(3) Ongoing training for both staff and wards concerning the grievance
procedure.
(4) In a reception center-clinic, general orientation covering griev-
ance procedure principles for newly committed wards.
(5) Participation of line staff and wards in the design, revision, imple-
mentation, and operation of the system. Wards shall be selected by their
peers, when reasonably possible.
(6) Written responses to all ward grievances within prescribed time
limits.
NOTE: Authority cited: SecUon 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Amendment of subsections (b)(2)(C)-(H) filed 2-1-80; effective thirtieth day
thereafter (Register 80, No. 5).
2. Order of Repeal of last sentence of subsection (b)(5) filed 6-3-85 by OAL pur-
suant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
3. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4090. Right to a Representative.
Grievance procedures shall provide for the right of any ward to be rep-
resented by an employee, another ward, or a participating volunteer of his
choice.
(a) The ward's representative may:
( 1 ) Attend and participate in any informal conference, hearing, or re-
view in which the ward participates if the ward filing the grievance de-
sires his attendance and the representative is willing.
(2) Act as primary spokesperson, resource person, advisor, consultant,
researcher, etc.
(b) A person may be prohibited from becoming a representative if the
superintendent determines that such denial is necessary to maintain insti-
tution security and operations.
(c) If a grievance is filed against an employee pursuant to Section
4086(e) which may result in punitive action against the employee, the
employee may select a representative to participate in any informal con-
ference, hearing, or review meeting in which the employee participates.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4091 . Emergency Grievances.
Grievances which are of an emergency nature shall be processed on
a high priority basis. The superintendent or regional administrator shall
make the final decision concerning whether a grievance falls within the
emergency procedure category. Such areas shall include, but not be lim-
ited to:
(a) Matters which would be made moot by the passage of time required
for normal processing, or
(b) Matters in which delay would subject the ward filing the grievance
to substantial risk of personal injury or other damage.
NotE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
•
[The next page is 193.
Page 192.2
Register 2007, No. 26; 6-29-2007
Title 15
Department of the Youth Authority
§ 4099
§ 4092. Reprisal.
Reprisals against any ward or ward representative in the resolution of
a grievance are prohibited.
(a) Reference of a negative nature concerning a ward's use of the
grievance procedure shall not be included in any of his official records,
reports, or case conference discussions.
(b) A grievance resolution shall not impose any deprivadon on a ward.
N()T{-:. Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1 . Amendment of section title filed 2-1-80; effective thirtieth day thereafter (Reg-
ister 80, No. 5).
2. Editorial con-ection of NOTE filed 1 1-21-83; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4093. False Accusations or Statements.
(a) False accusations or statements made by a ward or staff member
in connection with the filing of a grievance or participation in the griev-
ance procedure may be subject to disciplinary action if:
( 1 ) The false accusation or statement was made in a knowing, deliber-
ate, and malicious attempt to cause significant harm to another party, and
(2) The potential for such injury is substantiated.
(b) The burden of proof in such a case shall rest with the accuser. Fail-
ure of a ward or staff member to substantiate his accusations or state-
ments against another shall not, by itself, be used as grounds to initiate
disciplinary action.
(c) The superintendent shall use the following criteria when reviewing
Disciplinary Decision Making System action involving allegations of
slander or false accusations against staff, and approve further DDMS ac-
tions only when all the following elements are present:
(1) The statement is shown to be false, and
(2) It is shown that the ward knew it was false, and
(3) It is shown that the ward intended to harm the person about whom
the statement was made, and
(4) It is shown that there was actual potential for substantial harm to
the person about whom the statement was made.
(d) During a review of potential DDMS actions referred to in subsec-
tion (l)-(4), staff shall consider the ward's entire statement or series of
remarks, e.g.:
(1) Statements shall not be taken out of context.
(2) The ward's mistaken or inaccurate conclusions regarding matters
of law and/or policy are not to be regarded as false statements or accusa-
tions.
(3) Only the statement of alleged facts which form the basis for such
conclusions shall be considered.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47.).
§ 4094. Full Hearings.
NOTE; Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Secfions 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4095. Written Response.
A response to any grievance shall be in writing and shall clearly state
the resolution or finding which was made.
(a) If the grievance requires resolution by an authority outside the level
conducting the review, e.g., the grievance committee, a full analysis of
the merits of the grievance with recommendations for resolution shall be
made.
(b) All departmental policy grievance responses shall include a full
analysis of the merits of the grievance, including a recommendation for
the Director's action, reasons for such recommendation, and suggested
time limits, where applicable.
(c) Time limits shall start on the date a grievance is filed and subse-
quently on the date of the appeal. Time limits shall not be deemed to have
been met until all parties to the grievance have received a written re-
sponse. A tiiTie limit may be extended by mutual agreement of both par-
ties.
(d) A response which specifies that action is to be taken shall include
a date for completion of the action.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial correction of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4096. Appeal.
(a) Grievance procedures shall provide to all parties to a grievance a
method of appeal to a grievance decision including, but not limited to,
final right of appeal to advisory arbitration by a neutral person not
employed by the Department.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1752 and 1766.5, Welfare and Institutions Code.
History
1 . Order of Repeal of subsecfion (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85. No. 47).
§ 4097. Appeal to the Director.
NOTE: Authority cited: Secfions 1711.3, 1711.6 and 1751, Welfare and Insfitu-
tions Code. Reference: Secfions 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1. Amendment of subsecfions (b) and (c) filed 2-1-80; effecfive thirtieth day
thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4098. Appeal to Independent Review.
(a) Any party to a grievance may make an appeal to an independent
review panel. The independent review panel has the authority to hear and
make recommendations on all grievances pertaining to the policies and
practices of the Department, including issues appealed to the Director.
(b) Within three working days of an appeal to an independent review,
the superintendent/regional administrator/deputy director of parole or
Director shall meet with the ward or his representative to clarify the is-
sues, fully explore all suggested solutions and attempt to resolve the
grievance. If a resolution cannot be reached, the superintendent/regional
administrator/deputy director of parole shall submit the grievance to an
independent review hearing within ten days, unless there is good cause
for delay.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1 . Amendment filed 2-1-80; effecfive thirtieth day thereafter (Register 80, No. 5).
2. Editorial correction of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4099. Independent Review Hearing.
NOTE: Authority cited: Secfions 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80. No. 5).
Page 193
Register 91, No. 8; 2-21-91
§4100
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4100. Independent Review Panel Recommendation.
NOTH: Authority cited: Sections 1711.3, 171 1.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thiilieth day thereafter (Register 85, No. 26).
§4101. Response to Independent Review Panel
Recommendation.
NOTE: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4102. Denial of Independent Review Hearing.
(a) The superintetident, regional administrator, deputy director of pa-
role, or Director may submit a grievance to the assigned outside neutral
person with a recommendation that the request for independent review
be denied if one or more of the following circumstances exist:
( 1 ) The ward or his representative is unable to explain the grievance
or to clearly state the issue, or
(2) The grievance is deemed to be trivial or of minimal importance, or
(3) There has been a prior independent review of the same issue within
a reasonable period of time, or
(4) The matter is clearly outside the jurisdiction of the grievance pro-
cedure.
(b) In cases where the Department requests that the independent re-
view be denied:
(1) The grievance issue shall be submitted to the institution's ward
grievance clerks for their review and recommendations. The original
grievance committee may perform this function in an institution or a pa-
role region which has fewer than three ward grievance clerks.
(2) The majority and minority opinions of the grievance clerks or
grievance committee, together with a prior independent review opinion,
if applicable, shall be furnished to the outside neutral person along with
the recommendation for denial.
(c) The outside neutral person shall conduct a review of the documents
and make a final decision concerning whether the issue is arbitrable and/
or merits review.
(1) If the outside neutral person determines that the grievance does not
merit a full hearing because the issue is not arbitrable, he shall prepare
a written evaluation of the grievance and rationale for denial of the hear-
ing and forward it to the ward.
(2) If the outside neutral person determines that the grievance does
merit a review hearing, the provision of Sections 4099^101 shall apply.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code.
History
1. Amendment of subsection (a) filed 2-1-80; effective thirtieth day thereafter
(Register 80, No. 5).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4103. Grievance Against an Employee — Adverse Action.
A grievance which may result in adverse action against an employee
may not be subject to the provision for a full hearing except at the discre-
tion of the superintendent/regional administrator and with the consent of
the employee involved. In such a case the superintendent/regional ad-
ministrator shall:
(a) Determine how the grievance shall be processed.
(b) Investigate the allegations made in the grievance and make a find-
ing of fact.
(c) Send a response to all parties concerned. The response time shall
be the same as for other grievances. Time extensions may be permitted
if agreed to by the ward and the employee involved.
(d) Not consider the findings to be final until all parties are advised of
their right to appeal and have had the opportunity for an independent re-
view.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code, and Section 19570,
Government Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment filed 1-10-91; operative 2-9-91 (Register 91, No. 8).
§ 41 04. Response to Grievance Against an
Employee — Adverse Action.
(a) If an allegation made against an employee which could result in ad-
verse action is found to be true, the superintendent/regional administrator
shall hold a discussion with the ward and the employee.
(1) Such discussion may be held separately.
(2) The ward and the employee shall be informed that the allegations
in the grievance were found to be true, in total or in part, and that appro-
priate corrective or adverse action shall be taken.
(3) The superintendent/regional administrator shall summarize, in
writing, the contents of the discussion(s).
(4) The action to be taken shall not be specified to the ward.
(b) If an allegation is found to be not true, the superintendent/regional
administrator shall hold a discussion with the ward and employee.
(1) Such discussion may be held separately.
(2) The nature and extent of the investigation and reasons for the find-
ings shall be explained unless the confidentiality of ward witnesses
would be jeopardized.
(3) An attempt shall be made to clarify discrepancies between the
ward's allegations, the employee's position, and the results of the investi-
gation.
(4) The ward shall be informed of his right to appeal to an independent
review panel.
(c) The superintendent/regional administrator shall summarize, in
writing, the information in subsection (b) (2)-(4).
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766.5, Welfare and Institutions Code, and Section 19570,
Government Code.
History
1 . Order of Repeal of subsection ( d ) filed 6-3-85 by OAL pursuant to Government
Code section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment filed 1-10-91; operative 2-9-91 (Register 91, No. 8).
§ 41 05. Appeal of Grievance Against an
Employee — Adverse Action.
A ward or staff member may appeal the decision on a adverse action
grievance against an employee to an independent review. Except for the
specific differences described in this section, all aspects of the indepen-
dent review of a grievance against an employee which may result in ad-
verse action shall be handled in the same manner as other grievances. The
differences are:
(a) The outside neutral person shall be acceptable to the ward, em-
ployee, and superintendent/regional administrator.
(b) The outside neutral person shall handle confidential information
in a manner prescribed by the Department.
(c) The hearing shall be closed to all persons except the parties to the
grievance, their representatives, authorized witnesses, and other persons
with a legitimate interest as determined by the outside neutral person.
(d) The superintendent/regional administrator has the responsibility to
defend the sufficiency of the investigation and subsequent findings.
Page 194
Register 91, No. 8; 2-21-91
Title 15
Department of the Youth Authority
§ 4131
(e) Hearings regarding finding of fact shall not involve mediation or
negotiation. The outside neutral person shall make an independent find-
ing based solely on the facts presented.
Norti; Authority cited: Section 1712. Welfare and Institutions Code. Reference:
.Sections 17.')2 and 1766.5, Welfare and Institutions Code, and Section 19570,
Government Code.
History
1 . Order of Repeal of subsection (f) fded 6-3-85 by OAL pursuant to Government
Code section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Kditorial con-ection of NOTE filed 1 1-21-85: effective thirtieth day thereafter
(Register 85. No. 47).
3. Amendment filed 1-10-91; operative 2-9-91 (Register 91. No. 8).
§ 4106. Ward Grievance Information System.
Each institution, camp, and parole region shall maintain a ward griev-
ance information system which is easily accessible to wards, staff, and
the public upon request.
(a) The information system shall provide:
(1) Information regarding all grievances filed against departmental,
institution, or parole policy.
(2) Information regarding grievances filed in institutions and parole
which were taken to an independent review.
(3) Information regarding all departmental, institution, or parole
policy changes which were made in response to grievances filed.
(4) Information fully explaining and interpreting the intent of a policy
revision which resulted from a ward grievance.
(5) Copies of grievances filed in the particular institution, camp, or pa-
role office except grievances which could result in punitive action.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code; and Section
832.5. Penal Code. Reference: Sections 1002, 1 752 and 1 766.5, Welfare and Insti-
tutions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Amendment of subsection (b)(3)(A) filed 2-1 3-81 ; effective thirtieth day there-
after (Register 81, No. 7).
3. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Secfion 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
4. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4107. Ward Grievance Procedure Monitoring.
NOTE: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 1711.3, 1752 and 1766.5, Welfare and Institu-
tions Code.
History
1 . Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecdve thirtieth day thereafter (Register 85, No. 26).
Article 6. Food and Nutrition
§4120. Introduction.
Note: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Secfions 171 1.3 and 1752, Welfare and Institutions Code.
History
1. New Article 6 (Sections 4120-4125) filed 3-13-79; effecfive thirtieth day
thereafter (Register 79, No. 11).
2. 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).
§4121. Meals.
(a) A minimum of three meals a day shall be served except in camps
where a brunch and dinner may comprise weekend and holiday meals.
(b) The evening meal and the following day's breakfast shall not be
scheduled more than 1 3 hours apart except when nutritious snacks are of-
fered in the evening. Nutritious snacks include foods with substantive nu-
tritive values such as milk and milk drinks, pudding and custards, sand-
wiches, fruit, fruit juice, whole grain crackers and cookies, and cheese
snacks.
(c) A ward shall be allowed a minimum of 30 minutes to eat each meal.
(d) Food shall be served under the immediate supervision of a staff
member.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (e) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial coiTection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4122. Sanitation Standards.
Standards for sanitation, food storage, and preparation and serving of
food shall meet the requirements set forth in Health and Safety Code Sec-
tion 28520 et seq.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 8520 et seq.. Health and Safety Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4123. Menus.
NOTE: Authority cited: Sections 1711.3, 1711.6 and 1751, Welfare and Institu-
tions Code. Reference: Sections 171 1.3 and 1752, Welfare and Institufions Code.
History
1 . 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).
§ 4124. Medically Prescribed Diets.
A written plan shall be followed for uniform handling of diabetics,
pregnant girls, and other wards in institutions whose condition requires
a medically prescribed diet as part of therapeutic treatment.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
I. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4125. Food and Nutrition Requirements.
Quantities and varieties of food necessary to provide a nutritionally
adequate and acceptable diet shall be served in all facilities providing res-
idential care.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 7. Other Standards and
Requirements
§ 4130. Right of Wards to Correspond with Director,
A ward may write to the Director on any subject. Letters to the Director
shall not be opened, delayed, or withheld by institutional staff. Guide-
lines in Section 4695 shall be followed.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. New Article 7 (Sections 4130-4140) filed 3-13-79; effective thirtieth dav
thereafter (Register 79, No. 11).
2. Editorial cortection of NOTE filed 1 1-21-85; effecdve thirtieth day thereafter
(Register 85, No. 47).
§ 41 31 . Ward Access to the Courts.
(a) A ward shall not be denied or obstructed in his efforts to present a
petition or legal document to the courts.
(b) A ward may assist another ward in gaining access to the courts.
This assistance may include, but is not limited to:
Page 195
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§4132
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) Interviews and conferences relating to legal issues.
(2) Preparation of writs or other court documents.
(3) The writing of letters.
(4) Access to institution law libraries.
(c) Restrictions my be placed on assistance by an attorney, ward, or
member of the public if such assistance may cause threats to institution
security or danger of physical injury to persons.
(d) A request for contact may be restricted if it is made for an unreason-
able hour and/or location.
(e) If restrictions are imposed, alternative means of court access shall
be made available.
(f) Staff shall assist the ward as much as possible throughout the pro-
cess.
(g) The Department is not responsible for obtaining an attorney for a
ward.
Note: Authority cited: Section 1712, Welfare and Institution.s Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Aincndment of subsection (b)(4) filed 10-19-79: effective thirtieth day thereaf-
ter (Register 79, No. 42).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4132. Dissemination of Information Regarding New
Court Decisions.
Wards and Departmental staff shall be provided information regarding
new court decisions which are identified by the Departmental legal office
as affecting a substantial number of wards.
(a) The ward rights specialist shall prepare summaries of identified de-
cisions in understandable language so that wards will be able to deter-
mine if they are affected.
(b) Summaries of such decisions shall be forwarded to all institutions
and parole offices for dissemination to law libraries, living units and oth-
er appropriate places to ensure that wards are informed of the informa-
tion.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4133. Use of Polygraph.
Polygraph examinations may be used as an aid for gathering pertinent
information in investigations.
(a) A polygraph examination shall not be administered without the
voluntary written consent of the ward.
(b) A ward suspected of a rule or law violation may request a poly-
graph examination and, when conducted, only the examiner and the ward
shall be present.
(c) A polygraph examination may be approved or disapproved by the
superintendent or regional administrator before it is given, except under
the conditions cited in Section 4639 (a) (2) (A) and (B).
(d) The result of a polygraph examination shall only be admitted into
evidence in any disciplinary or parole rescission/violation proceedings
where it supports the ward's claim of innocence or grievance. The ward
shall be so advised prior to taking the examination.
(e) A polygraph examination that raises questions about the ward's
honesty or credibiHty shall not be introduced as evidence in institutional
disciplinary or parole rescission/violation proceedings.
(f) Examinations shall be given by accredited polygraph examiners.
Examiners shaU meet one of the following qualifications:
(1) Current member of the California Association of Polygraph Ex-
aminers or American Polygraph Association.
(2) Successful completion of a instructional polygraph operation
course from an accredited polygraph school.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfion 1752, Welfare and Institufions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4134. Law Enforcement Use of Wards,
A ward shall not participate in a law enforcement undercover investi-
gation without the prior approval of the Director.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. Editorial con-ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 41 35. Photographs of Wards.
A ward's written permission shall be obtained before his/her photo-
graph is displayed and/or taken in a manner that individually identifies
hiin/her to the public.
This section shall not apply to the dissemination of photographs of es-
caped wards.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfions 1712 and 1752, Welfare and Institutions Code.
History
1. Amendment filed 4-17-84; effective thirtieth day thereafter (Register 84, No.
16).
§4136. Medical Services.
NOTE: Authority cited: Secfions 1711.3, 171 1.6 and 1751, Welfare and Insfitu-
tions Code. Reference: Sections 1711.3, 1752, 175.3, 1756, 1756.1, 1760 and
1774, Welfare and Insfitutions Code.
History
1 . 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).
§ 41 37. Dependents' Benefits for Wards.
Departmental staff may assist wards in obtaining dependents" benefits
for which they may be eligible as prescribed in Section 4722.
NOTE: Authority cited: Section 1712, Welfai^e and Institutions Code. Reference:
Secfion 1752, Welfare and Insfitutions Code.
History
1. Editorial correcfion of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4138. Notification of Death, Serious Injury or Illness of a
Ward.
Departmental staff shall immediately notify a ward's parents/guar-
dians and other appropriate persons when the death, serious injury or il-
lness of the ward occurs.
NOTE: Authority cited: Secfion 1712, Welfare and Insfitutions Code. Reference:
Secfion 1752, Welfare and Insfitufions Code.
History
1. Editorial correcfion of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 41 39. Sale of Handicraft Articles.
(a) Handicraft articles made by a ward may be sold to the public only
at institutions, camps, parole centers, residential treatment centers, or
other places approved by the Director.
(b) Procedures regarding the sale of handicraft articles shall include,
but not be limited to, the following:
(1) The state shall be reimbursed for the cost of raw materials used in
the manufacture of the articles.
(2) Handicraft articles which have not been sold by the time the ward
is released on parole shall be returned to the ward.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1125, 1752 and 1752.85, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4140. Breath, Blood and Urine Samples.
(a) Breath, blood and urine samples may be collected from a person
under the supervision and control of the Department of the Youth Author-
ity for chemical analysis to determine the presence of alcohol, illegal nar-
cotics, drugs or other prohibited substances, when there is reason to be-
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Title 15
Department of the Youth Authority
§ 4143.1
licve that the person has used or is under the influence of alcohol, illegal
narcotics, drugs, or other prohibited substances, or when scheduled or un-
scheduled tests are known to the person to be a condition of participation
in a specific program, assignment, or activity.
(b) Blood samples shall be collected and tested only when the condi-
tion or behavior of the person is such that breath or urine samples will not
provide the information necessary to determine the presence of prohib-
ited substances. The withdrawal of blood shall be performed only by a
physician, registered nurse, licensed vocational nurse (so certified), li-
censed medical technician, or licensed phlebotomist. The individual per-
forming the procedure shall label all specimens accurately.
(c) Breath samples shall be obtained by custody or parole staff follow-
ing the manufacturer's instaictions for the equipment being utilized. The
individual performing the procedure shall label all specimens accurately.
(d) Urine samples shall be obtained by custody or parole or medical
staff wearing gloves and following the manufacturer's instructions for
the equipment being utilized. The individual performing the procedure
shall label all specimens accurately.
(e) Persons under the supervision and control of the Department of the
Youth Authority shall be advised that in the case of refusal to submit to
a breath, blood or urine sample such tests will not be administered, but
the refusal may be considered a minor or major rule infraction or a viola-
tion of parole unless the refusal is for valid medical reasons. When a re-
fusal is for medical reasons, a medical doctor shall determine the validity
of the person's claim.
NOTE: Authority cited: Sections 1712, 1723, Welfare and Institutions Code. Ref-
erence: Sections 1001.5 and 1767.2, Welfare and Institutions Code.
History
1. New section filed 3-16-90; operative 4-15-90 (Register 90, No. 13). For
history of former section, see Register 85, No. 26.
§ 4141. Collection of DNA Specimens.
(a) The Department shall provide written notice to all wards that the
DNA and Forensic Identification Database and Data Bank Act of 1998
(Part 1 , Title 9, Chapter 6, Articles 1 through 7, §§ 295 et seq., of the Penal
Code), requires that all wards and parolees under the jurisdiction of the
Department after having been convicted of, found guilty of, having pled
guilty or no contest to, or having been found not guilty by reason of insan-
ity for, any felony offense, or whose records indicate a prior conviction
for such an offense, or any juvenile who is adjudicated under Section 602
of the Welfare and Institutions Code for committing any felony offense,
shall provide all of the following required specimens, to be submitted to
the Department of Justice (DOJ) as soon as administratively practicable:
(1) One Buccal Swab.
(2) Two Right Thumb Print Impressions.
(3) Full Right and Left Full Palm Print Impressions.
(b) All wards under the jurisdiction of the Department shall provide
the listed specimens, samples, and impressions at the sites designated by
the Department.
(c) The collection of specimens, samples, and impressions will take
place within five working days of arrival at a reception center clinic and/
or intake site.
(d) Specimens, samples, and impressions shall also be obtained under
the following circumstances:
( 1 ) When a ward or parolee is transferred or paroled from another state
and accepted into California under any of the interstate compacts, an
agreement to provide these specimens shall be made a condition of ac-
ceptance for supervision in this state.
(2) When notification is received from the DOJ that a ward's or parol-
ee's specimens already taken for any purpose are not usable for any rea-
son;
(3) When parolees are returned to custody after a furlough or any other
type of release or because of a violation of parole;
(4) When a ward is placed in a Youth Authority facility for any of the
following reasons:
(A) County referral,
(B) Diagnostic referral.
(C) Emergency housing, or
(D) Any other referral agreement with a county or federal agency.
(e) The listed specimens, samples, and impressions will not be taken
if it is verified that the DNA forensic identification is retained by the DOJ.
Verification shall be confirmed using one or more of the following
sources:
(1) the ward's master file, and/or
(2) the Ward Information Network, and/or
(3) the DOJ DNA Database.
(f) Parolees shall provide the required specimens, samples, and im-
pressions at a location designated by the Regional parole unit within five
calendar days after reporting to the supervising unit.
(g) The specimens, samples, and impressions shall be collected only
by designated medical, custody, or parole staff and/or local law enforce-
ment using a DOJ approved collection kit in accordance with the require-
ments and procedures set forth by the DOJ, and forwarded to the DOJ as
soon as administratively practicable.
(h) Only medical staff trained and certified to draw blood shall draw
blood. Blood samples shall be drawn in accordance with medical stan-
dards.
(i) Any ward or parolee refusing to give any or all of the specimens,
samples, or impressions after he or she has received written notice that
he or she is required to provide specimens, samples, and impressions, is
guilty of a misdemeanor and shall also be subject to sanctions pursuant
to the Disciplinary Decision-Making System (DDMS). Such refusal is
a serious misconduct offense under the DDMS and is an offense report-
able to the Youth Authority Administrative Committee and the Youth
Authority Board.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 295. 295 . 1 , 296, 296. 1 , 298, 298.1; Part 1 , Title 9, Chapter 6, Articles 1 -7,
Penal Code; and Proposition 69 (2004).
History
1. New section filed 1-31-2005; operative 1-31-2005. Submitted to OAL for
printing only pursuant to Penal Code section 295(h)(2) (Register 2005, No. 5).
2. New section refiled without change 6-1-2005; operative 6-1-2005. Submitted
to OAL for printing only pursuant to Penal Code section 295(h)(2) (Register
2005, No. 22).
§ 41 41 .1 . Use of Force When Collecting DNA Specimens.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code; and Section
298.1, Penal Code. Reference: Sections 295 and 298.1, Penal Code.
History
1. New section filed 1-31-2005 as an emergency; operative 1-31-2005 (Register
2005, No. 5). A Certificate of Compliance must be transmitted to OAL by
5-31-2005 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 6-1-2005 as an emergency; operative 6-1-2005 (Register
2005, No. 22). A Certificate of Compliance must be transmitted to OAL by
9-29-2005 or emergency language will be repealed by operation of law on the
following day.
3. Repealed by operation of Government Code secfion 1 1346. 1(g) (Register 2006,
No. 7).
Chapter 1.4. County Payments to
Department of Youth Authority
Subchapter 1. Fee for Housing
Article 1 . General Provisions
§4143.1, Purpose.
This Subchapter implements and makes specific Section 912, Welfare
and Institutions Code.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 912, Welfare and Institutions Code.
History
1. New chapter 1.4, subchapter 1, article 1 (sections 4143.1-4143.3) and section
filed 10-28-96 as an emergency; operative 10-28-96 (Register 96, No. 44). A
Certificate of Compliance must be transmitted to OAL by 2-25-97 or emergen-
cy language will be repealed by operation of law on the following day.
Page 197
Register 2006, No. 7; 2-17-2006
§4143.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4143.2. Definitions.
(a) "Department" means the Department of the Youth Authority.
(b) "Ward" means a person committed to the Youth Authority by a ju-
venile court.
(c) "Most recent juvenile court commitment" means the most recent
juvenile court commitment with available confinement time. If a ward
has multiple juvenile court commitments, and the available confinement
time for the most recent commitment is exhausted, the next recent juve-
nile court commitment becomes the most recent.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 1 0-28-96 as an emergency; operative 1 0-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4143.3. Scope.
This Subchapter shall apply to each person remaining in or returning
to Youth Authority facilities or other placements as directed by the De-
partment on or after January 1, 1997.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 1 0-28-96 as an emergency; operative 1 0-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Article 2. Billing Procedures
§ 4143.4. Calculation of Payments Due the Department.
(a) The county from which a person subject to this Subchapter is com-
mitted shall pay the Department at the rate defined in WIC 912. For bill-
ing purposes, the monthly rate will be converted to a daily rate by divid-
ing the monthly rate by 30 and rounding to the nearest cent.
(b) This rate shall be applied to all individuals subject to this Subchap-
ter who are confined in Department institutions or other facilities as di-
rected by the Department, including parolees in parole placement.
Charges will not apply to wards who are missing or out to court.
(c) Wards with multiple commitments will be billed based upon the
most recent juvenile court commitment.
(d) Wards with commitment from multiple counties will be billed
based upon the most recent juvenile court commitment. The county re-
sponsible for the most recent juvenile court commitment will be billed,
unless the most recent commitment is the result of prosecution requested
by the Department. In that case, the county previously responsible for the
ward will continue to be billed.
(e) If payments are due for a ward under the provisions of WIC 9 1 2.5,
then the charges described in paragraph (a) will not be billed.
(f) The Department will bill each county monthly. Charges will be
based upon the actual days of confinement of wards subject to this Sub-
chapter. A full month will consist of 30 days for billing purposes.
(g) The county will be billed for the day the ward is received by the
Department but not for the day the ward departs from the Department.
(h) The amount owed will be computed by multiplying the number of
days of confinement by the daily rate.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Insdtutions Code.
History
I. New article 2 (sections 4143.4-4143.6) and section filed 10-28-96 as an emer-
gency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance
must be transmitted to OAL by 2-25-97 or emergency language will be re-
pealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of sub-
sections (b)-(d) and new Noti;, transmitted to OAL 2-24-97 and filed 4-2-97
(Register 97, No. 14).
§4143.5. Payments.
Counties shall include with their payments a remittance advice that de-
tails the invoice(s) being paid and the amount paid on each invoice.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96.
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new NoTH. trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§ 4143.6. Dispute Process.
(a) Each county will designate a point of contact for purposes of the
fee for housing billing. The Youth Authority will designate a point of
contact for fee for housing billing. All communications between the
county and the Youth Authority regarding the invoices should begin be-
tween the two points of contact.
(b) Requests to adjust an invoice shall be made in writing, by the
county, to the Youth Authority point of contact.
(c) If, as a result of investigating questions regarding an invoice, a cor-
rection is made, any credits or additional charges will be made on a subse-
quent invoice, in the supplemental transactions section.
NOTE; Authority cited: Section 1712, Welfare and Institudons Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 1 0-28-96 as an emergency; operative 1 0-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No". 14).
Subchapter 2. Sliding Scale for Less
Serious Offenses
Article 1. General Provisions
§4144.1. Purpose.
This Subchapter implements and makes specific Section 912.5, Wel-
fare and Institutions Code.
NOTE: Authority cited: Section 1712, Welfare and Institudons Code. Reference:
SecUon 912.5, Welfare and Institudons Code.
History
1. New subchapter 2, article 1 (sections 4144.1-4144.3) and secdon filed
10-28-96 as an emergency; operadve 10-28-96 (Register 96, No. 44). A Cer-
tificate of Compliance must be transmitted to OAL by 2-25-97 or emergency
language will be repealed by operadon of law on the following day.
2. Certificate of Comphance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4144.2. Definitions.
(a) "Department" means the Department of the Youth Authority.
(b) "YOPB" means the Youthful Offender Parole Board.
(c) "Ward" means a person committed to the Youth Authority by a ju-
venile court.
(d) "Per capita institutional cost" means the average cost to house an
individual in the Department's institutions, as published by the Depart-
ment. The per capita cost is computed by dividing the total of all on-site
costs at each institution and camp by the average daily population ( ADP)
of wards. This cost will be based upon Budget Act funding levels for the
Department for each fiscal year.
(e) "Most recent juvenile court commitment" means the most recent
juvenile court commitment with available confinement time. If a ward
has multiple juvenile court commitments, and the available confinement
time for the most recent commitment is exhausted, the next most recent
juvenile court commitment becomes the most recent.
Page 198
Register 2006, No. 7; 2-17-2006
Title 15
Department of the Youth Authority
§ 4144.8
(f) "The offense on which the commitment is based" means the most
serious oflense in tlie commitment as determined by Sections 4951
through 4957 of Title 15 of the California Code of Regulations.
(g) "YOPB category" means the category number associated with
Sections 495 1 through 4957 of Title 1 5 of the California Code of Regula-
tions.
Note-:: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 1 0-28-96 as an emergency ; operative 1 0-28-96 (Register 96.
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of sec-
tion and new Noth, transmitted to OAL 2-24-97 and filed 4-2-97 (Register 97,
No. 14).
§4144.3. Scope.
This Subchapter shall apply to each person committed to the Youth
Authority by a juvenile court or or after January 1 , 1 997.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 1 0-28-96 as an emergency; operative 1 0-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
Article 2. Billing Procedures
§ 4144.4. Per Capita Cost Adjustment.
(a) The per capita institutional cost will be adjusted based upon the
Budget Act for each fiscal year.
(b) The per capita institutional cost in effect for a given fiscal year will
be used to bill for confinement time occurring in that fiscal year.
Note: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institudons Code.
History
1. New article 2 (sections 4144.4-4144.8) and section filed 10-28-96 as an emer-
gency; operative 10-28-96 (Register 96, No. 44). A Certificate of Compliance
must be transmitted to OAL by 2-25-97 or emergency language will be re-
pealed by operation of law on the following day.
2. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§ 4144.5. Calculation of Payments Due the Department.
(a) The county from which a person subject to this Subchapter is com-
mitted shall pay the Department at the rate defined in WIC 912.5(a).
(b) This rate shall be applied to all individuals subject to this Subchap-
ter who are confined in Department institutions or other facilities as di-
rected by the Department. Sliding scale charges will not apply to wards
who are missing, out to court, or on parole.
(c) No charges pursuant to WIC 912.5 will be made for periods of con-
finement of a Youth Authority parolee returned to custody due to a revo-
cation of parole by the Youthful Offender Parole Board, or a recommit-
ment or return ordered by the Juvenile Court.
(d) Wards with multiple commitments or will be billed based upon the
most recent juvenile court commitment.
(e) Wards with commitments from multiple counties will be billed
based upon the most recent juvenile court commitment. The county re-
sponsible for the most recent juvenile court commitment will be billed,
unless the most recent commitment is the result of prosecution requested
by the Department. In that case, the county previously responsible for the
ward will continue to be billed.
(f) The Department will bill each county monthly. Charges will be
based upon the actual days of confinement of wards subject to this Sub-
chapter for each rate described in paragraph (a). A full month will consist
of 30 days for billing purposes.
(g) The county will be billed for the day the ward is received by the
Department but not for the day the ward departs from the Department.
(h) For billing purposes, the annual rate will be converted to a daily rate
by dividing the annual rate by 360 ( 1 2 months at 30 days each ) and round-
ing to the nearest cent. The amount owed will be computed by multiply-
ing the number of days of confinement by the daily rate.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secnons 912 and 912.5, Welfare and Institutions Code.
History
1 . New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including amendment of sub-
sections (b)-(e) and new Note, transmined to OAL 2-24-97 and filed 4-2-97
(Register 97, No. 14).
§ 4144.6. Supplemental Invoices.
(a) YOPB categories used for billing purposes are assigned at a ward's
Initial Hearing before the YOPB. There is a period of time between arriv-
al and the Initial Hearing during which no YOPB category is assigned to
the ward.
( 1 ) During this period, the county will be billed at the rate prescribed
by WIC 912.
(2) If the ward is subsequently assigned to a YOPB category for which
the sliding scale applies, the difference between the appropriate billing
rate for the category and the fees previously billed, retroactive to the day
the ward is received by the Department, will be charged on a subsequent
invoice in the supplemental transactions section.
(b) If a ward's YOPB category is changed, the difference between the
appropriate billing rate for the category and the fees previously billed,
based upon the effective date of the change, will be shown on a subse-
quent invoice in the supplemental transactions section.
(c) Beginning July 1 of each fiscal year, counties will be billed at the
prior year rates until the new rates are calculated. Previously billed
amounts for the new fiscal year will be adjusted to reflect the new rates
and counties will be credited for over-billing or billed for the additional
cost on a subsequent invoice.
NOTE; Authority cited: Secdon 1712, Welfare and Institudons Code. Reference:
Secdons 912 and 912.5, Welfare and Institudons Code.
History
1. New secdon filed 10-28-96 as an emergency; operadve 10-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of subsection (b) (Register 97, No. 14).
3. Certificate of Compliance as to 10-28-96 order, including new Note, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§4144.7. Payments.
(a) Counties shall include with their payments a remittance advice that
details the invoice(s) being paid and the amount paid on each invoice.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdons 912 and 912.5, Welfare and Institutions Code.
History
1 . New secdon filed 10-28-96 as an emergency; operadve 10-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, including new Non-., trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97, No. 14).
§ 4144.8. Dispute Process.
(a) Each county will designate a point of contact for purposes of the
sliding scale billing. The Youth Authority will designate a point of con-
tact for sliding scale billing. All communications between the county and
the Youth Authority regarding the invoices should begin between the two
points of contact.
(b) Requests to adjust an invoice shall be made in writing, by the
county, to the Youth Authority point of contact.
(c) If, as a result of investigating questions regarding an invoice, a cor-
rection is made, any credits or additional charges will be shown on a sub-
sequent invoice in the supplemental transactions section.
Page 198.1
Register 2006, No. 7; 2-17-2006
§4145
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 912 and 912.5, Welfare and Institutions Code.
History
1. New section filed 10-28-96 as an emergency; operative 10-28-96 (Register 96,
No. 44). A Certificate of Compliance must be transmitted to OAL by 2-25-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 10-28-96 order, includina new NOTi:, trans-
mitted to OAL 2-24-97 and filed 4-2-97 (Register 97. No". 14).
Chapter 1 .5. Assistance to Courts When
Making Disposition
Article 1. General Provisions
§4145. Introduction.
NOTE: Authority cited: Sections 704, 707.2, 1731.6, 1737, 1752.1, Welfare and
Institutions Code. Reference: Sections 704, 707.2, 1731 .6, 1737, 1752.1 . Welfare
and Institutions Code.
History
1. New chapter (Sections 4145-4162.5, not consecutive) filed 6-28-79 as an
emergency; designated effective 6-29-79 (Register 79, No. 26).
2. Certificate of CompUance filed 10-10-79 (Register 79, No. 41).
3. 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).
§4145.5, Definitions.
NOTE: Authority cited; Secfion 1751, Welfare and Institutions Code. Reference:
Section 1751, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4146. General Standards and Premises.
The following standards, requirements and premises will be applied
by the Department in making decisions on acceptance of persons referred
for diagnostic study from criminal or juvenile courts:
(a) There must be sufficient information submitted about the person
to enable an informed decision to be made.
(b) (Reserved.)
(c) Persons must be available for delivery to a departmental reception
center-clinic.
(d) Persons referred to the Youth Authority will be accepted, unless it
is concluded they are clearly inappropriate.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1730 and 1731.5, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
Article 2. Consultation and Testimony
§ 41 47. Request for Information or Advice.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference;
Secdon 1751, Welfare and Institutions Code.
History
1. Certificate of Compliance including amendment filed 10-10-79 (Register 79,
No. 41).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4147.5. Request for Testimony.
NOTE: Authority cited: Section 1751, Welfare and Institufions Code. Reference:
Section 1751, Welfare and Institutions Code.
History
1 . 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).
§ 4148. Conditions for Granting Requests for Testimony.
Requests for expert witness testimony will be granted under the fol-
lowing conditions:
(a) There is reasonable assurance that Youth Authority testimony will
be significant in the ca.se.
(b) Youth Authority staff time is available to provide this service to the
court.
(c) The Youth Authority must have five working days' notification for
preparation before the hearing.
(d) The requesting party is aware that:
( 1 ) The purpose of Youth Authority participation is to assist the court
by providing information and expert opinion concerning disposition and
amenability to the care, treatinent, and training programs available
through commitment to the Youth Authority.
(2) Information received by Youth Authority staff will not be privi-
leged, and will be available to the opposing attorney (district attorney or
defense attorney), probation officer and judge.
(3) The Department shall be given access to all non-privileged infor-
mation in the requesting party's possession which may have a bearing on
Youth Authority testimony in the matter. This includes access to the ac-
cused person when a defense attorney requests assistance.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 680, Welfare and Institufions Code.
History
1 . Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Article 3. Criminal Court Request for
Recommendation Concerning Recall
§ 4149. Authority of Criminal Court to Recall Commitment.
NOTE: Authority cited: Section 1751, Welfare and Institufions Code. Reference:
Secfion 1737, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirfieth day thereafter (Register 85, No. 26).
§ 4149.5. Criminal Court Request for Recommendation.
NOTE; Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Secfion 1737, Welfare and Institufions Code.
History
1 . 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).
§ 4149.8. Response to Request for Recommendation.
The Department will provide the committing court with a copy of the
most recently prepared diagnostic report and a recommendation con-
cerning whether the commitment should be recalled.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfion 1737, Welfare and Institufions Code.
History
1 . Editorial correcfion of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
Article 4. Criminal Court Referral for
Contract Diagnostic Study
§ 41 50. Authority to Contract and Refer for Services.
NOTE: Authority cited: Secfions 1731.6, 1751, 1752.1, Welfare and Insfitufions
Code. Reference: Secfions 1731.6, 1752.1, Welfare and Institufions Code.
History
1 . 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).
§ 41 50.5. Discretion to Accept or Reject.
NOTE: Authority cited: Sections 1731.6, 175L 1752.1, Welfare and Institutions
Code. Reference: Sections 1731.6, 1752.1, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secfion
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Page 198.2
Register 2006, No. 7; 2-17-2006
Title 15
Department of the Youth Authority
§4156
§ 4151. Decision to Accept or Reject and Material Benefit
Determination.
(a) (Reserved)
(b) Determinations of material benefit will based on the following:
(1 ) A person will be materially benefited by diagnostic services when
the reasons why the person displays criminal behavior are unclear and the
Department has the necessary resources to provide a diagnostic evalua-
tion and disposition recommendation to the court.
(2) A person will be materially benefited by treatment services when
they meet the standards described in Section 4168 of these regulations.
NOTi:: Authority cited: Sections 1712 and 1 731. 6. Welfai-e and Institutions Code.
Reference: Section 1731.6, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4151.5. Required and Optional Information.
Two copies of the information required and requested as described in
Section 4168.5 (b)(2), (3) and (4) and Section 41 69 of these regulations
are to be submitted on persons referred by a criminal court. In addition,
the referring court shall provide two copies of the order showing that the
person was referred to the Youth Authority in accordance with law.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1740 and 1741, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85. No. 43).
§ 4152. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a referred
person within 1 6 work-hours, or as soon thereafter as possible, after re-
ceipt of the information and documents described in Section 4151.5 of
these regulations.
NOTE: Authority cited: Sections 1712 and 1736, Welfai-e and Institutions Code.
Reference: Sections 732, 734 and 1752.1, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4152.5. Notice of Action and Delivery Approval.
(a) (Reserved)
(b) The Department shall notify the referring court and probation de-
partment of the acceptance or rejection decision.
(c) (Reserved)
(d) When a case is accepted, the sheriff shall be notified of the time and
place for delivery to a Youth Authority facility.
NOTE: Authority cited: Sections 1712 and 1731.6, Welfare and Institutions Code.
Reference: Sections 1731.6 and 1752.1, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correcfion of NOTE filed 10-22-85; effecUve thirtieth day thereafter
(Register 85, No. 43).
§4152.6. Time Limit on Acceptance.
NoUce that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Section 4150.
Required and opfional information as provided by Section 4152.5 shall
be current to the date of resubmission.
NoTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Section 1731.6, Welfare and Institutions Code.
History
1. New section filed 10-10-79; effective on filing. Certilicate of Compliance in-
cluded (Register 79, No. 41).
2. Editorial coixection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 53. Study and Report.
NoTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1731.6, Welfare and Institutions Code.
History
I . 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)
§ 41 53.5. Return to the County.
The Department shall notify the sheriff that the person is ready for re-
turn to the county as soon as the diagnostic report is completed as pro-
vided by Section 4153 of these regulations.
NOTE: Authority cited: Section 1712, Welfare and Insfitutions Code. Reference:
Section 1731.6, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Article 5. Criminal Court Referral for
Amenability Determination
NotE; Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Sections 1751, 707.2, 1731.6, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4155.5. Required and Optional Information.
Two copies of the information required and requested as described in
Section 4168.5(b)(2), (3) and (4) and Section 4169 of these regulations
are to be submitted on persons referred by a criminal court. In addition,
the referring court shall provide two copies of the order showing that the
person was referred to the Youth Authority in accordance with law.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1740 and 1741, Welfare and Institudons Code.
History
1. Editorial correcfion of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
§ 4156. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a referred
person within 16 work-hours, or as soon thereafter as possible, after re-
ceipt of the information and documents described in Sections 41 55.5 and
4169 of these regulations.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 707.2, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
[The next page is 199.
Page 198.3
Register 2006, No. 7; 2-17-2006
Title 15
Department of the Youth Authority
§4162
§ 4156.5. Notice of Action and Delivery Approval.
The Department shall notify the referring court and probation depart-
ment of the acceptance or rejection decision. When a case is accepted, the
sheriff shall be notified of the time and place for delivery to a Youth Au-
thority facility.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 707.2, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4156.6. Time Limit on Acceptance.
Notice that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Section 4155.
Required and optional information as provided by Section 4155.5 shall
be current to the date of resubmission.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 707.2, Welfare and Institutions Code.
History
1. New section filed 10-10-79; effective on filing. Certificate of Compliance in-
cluded (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4157. Amenability Determination.
(a) (Reserved)
(b) A person is amenable if it is found that he can be materially bene-
fited as provided by Section 4168 of these regulations.
(c) (Reserved)
(d) The Department shall notify the sheriff that the person is ready for
return to the count as soon as the amenability determination is completed.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 707.2, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (a) and (c) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
Article 6. Juvenile Court Referral for
Contract Diagnostic Studies and Treatment
§ 4158. Authority to Contract and Refer for Services.
Note: Authority cited: Section 1751, 1752.1, Welfare and Institutions Code. Ref-
erence: Section 704, 1752.1, Welfare and Institutions Code.
History
1. 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).
§ 4158.5. Discretion to Accept or Reject.
NOTE: Authority cited: Section 1751, Welfare and Institudons Code. Reference:
Section 704, Welfare and Insdtutions Code.
History
1 . 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).
§ 4159. Decision to Accept or Reject and Material Benefit
Determination.
(a) (Reserved).
(b) Determinations of material benefit will be based on the following:
( 1 ) A person will be materially benefited by diagnostic services when
the reasons why the person displays delinquent behavior are unclear and
the Department has the necessary resources to provide a diagnostic eval-
uation and disposition recommendation to the court, or;
(2) A person will be materially benefited by treatment services when
they meet the standards described in Section 4171 of these regulations.
Note: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Section 704, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial con'ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 60. Required and Optional Information.
The information requirements and requested information described in
Sections 4 1 68.5 (b) (2), (3) and (4) and Section 4 1 69 of these regulations
apply to persons referred by a juvenile court. In addition, the referring
court shall provide two copies of the order showing that the person was
referred to the Youth Authority in accordance with law.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 735, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4160.5. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a referred
person within 16 work-hours, or as soon thereafter as possible, after re-
ceipt of the information and document described in Section 4160 of these
regulations.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 704, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 61 . Notice of Action and Delivery Approval.
(a) (Reserved)
(b) The Department shall notify the referring court and probation de-
partment of its acceptance or rejection decision.
(c) (Reserved)
(d) When a case is accepted, the notice from the Department shall des-
ignate the time and place for delivery to a Youth Authority facility.
NOTE: Authority cited: Section 1712, Welfare and Insdtutions Code. Reference:
Secdon 704, Welfare and Insdtudons Code.
History
1 . Order of Repeal of subsecdons (a) and (c) filed 6-3-85 by OAL pursuant to
Government Code Secdon 1 1349.7; effecdve thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
§ 41 61 .3. Time Limit on Acceptance.
Notice that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Section 4158.
Required and optional information as provided by Section 4160 shall be
current to the date of resubmission.
NOTE: Authority cited: Section 1712, Welfare and Insdtutions Code. Reference:
Secdon 704, Welfare and Insdtudons Code.
History
1. New section filed 10-10-79; effecdve on filing. Certificate of Compliance in-
cluded (Register 79, No. 41).
2. Editorial correcdon of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
§ 41 61 .5. Study and Report.
NotE: Authority cited: Secdon 1751, Welfare and Institutions Code. Reference:
Secdon 704, Welfare and Insdtudons Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 41 62. Retention for Treatment.
(a) The Department may retain the person for treatment after comple-
tion of the diagnostic study provided the person can be materially bene-
fited by such retention, as defined in Section 4171 of these regulations.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdon 704, Welfare and Insdtudons Code.
Page 199
Register 95, Nos. 10-11; 3-17-95
§ 4162.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 62.5. Return to the County.
The Department shall notify the probation officer that the person is
ready for return to the county as soon as the diagnostic report is com-
pleted as provided by Section 4161.5 of these regulations or it is deter-
mined that the person cannot be materially benefited by retention as pro-
vided by Section 4171 of these regulations.
NOTE: Authority cited; Section 1712, Welfare and Institutions Code. Reference:
Sections 704 and 1752.1, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Chapter 1 .6.
Commitment to the Youth
Authority
Article 1. General Provisions
§4165. Introduction.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1730, Welfare and Institutions Code.
History
1. New chapter (Sections 4165-4174.5, not consecutive) filed 6-28-79 as an
emergency; designated effective 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4165.5. Definitions.
NOTE: Authority cited: Section 1751, Welfare and Insfitutions Code. Reference:
Secdon 1751, Welfare and Institufions Code.
History
1 . 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).
§ 4166. General Standards and Premises.
The following standards, requirements, and premises will be applied
by the £)epartment in making decisions on acceptance of persons com-
mitted from criminal and juvenile courts:
(a) There must be sufficient information submitted about the person
to enable an informed decision to be made.
(b) (Reserved)
(c) Persons must be available for delivery to a Departmental reception
center-clinic.
(d) Persons committed to the Youth Authority will be accepted, unless
it is concluded they are clearly inappropriate.
(e) Persons are committed to the Youth Authority for disposition. In-
take Unit staff will not base their decision on acceptance on anticipated
actions the staff or Board may take in the future regarding the case. It is
presumed such actions to be taken will be appropriate for each case.
NoTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Section 1730, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Article 2. Criminal Court Commitment
§ 41 67. Authority to Commit.
NOTE: Authority cited: Section 1751. Welfare and Institutions Code. Reference:
Section 1731.5, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 41 67.5. Discretion to Accept or Reject.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference;
Section 1731.5, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4168. Decision to Accept or Reject on Material Benefit.
A person will be materially benefited when there is a reasonable possi-
bility that his likelihood to cominit criminal behavior can be significantly
reduced or eliminated within the confinement time and jurisdiction time
available. Factors to be considered include:
(a) Capacity. Does the person have the capacity to change? Consider-
ations in making this determination include:
(1) The person's intelligence.
(2) The person's ability to communicate.
(3) The absence or presence of a pronounced psychosis.
(b) Tractability. Is the person's criminal behavior so firmly established
that there is little likelihood that it can be changed by commitment to the
Youth Authority? Considerations in making this determination include:
(1) The person's history of criminal/delinquent behavior.
(2) The person's degree of criminal sophistication.
(3) The success of prior efforts to help the person change his behavior.
(4) Whether the person has demonstrated willingness to participate in
programs designed to result in correction of unacceptable behavior.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1731.5, Welfare and Institutions Code.
History
1 . New subsection (c) filed 5-4-81 as an emergency; effective upon filing (Regis-
ter 8 1 , No. 20). A Certificate of Compliance must be transmitted to OAL within
120 days or emergency language will be repealed 9-1-81.
2. Order of Repeal of 5-4-81 emergency order filed 5-1 1-81 by OAL pursuant
to Government Code Section 11349.6 (Register 81, No. 20).
3. Order of Repeal of subsections (a) and (b)(l)(A)(iv) filed 6-3-85 by OAL pur-
suant to Government Code Section 11349.7; effective thirtieth day thereafter
(Register 85, No. 26).
4. Editorial conection of Note filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
5. Repealer of subsecdons (a), (b), and (b)(2) and subsection relettering and re-
numbering filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§ 4168.5. Requirement to Provide Information.
(a) (Reserved)
(b) At the time of commitment to the Youth Authority, the committing
court and/or probation department shall provide the following for each
person:
(1) Three copies of court order(s) showing that the person was com-
mitted to the Youth Authority in accordance with the law, which orders
shall include the following determinations:
(A) Public offense(s) sustained by the court, including enhancements.
(B) Aggravating or mitigating circumstances, when applicable.
(C) Confinement time from any charge that is to run consecutively or
concurrently with the confinement time from any other charge, when
applicable.
(D) Confinement time remaining from a previous court action that is
to run concurrently or consecutively with the confinement time from the
current court action, when applicable.
(E) Amount of time already spent in physical confinement that has
been credited to the amount of time the person may be confined by the
Youth Authority, when applicable.
(F) Amount of time the person may be held in physical confinement
by the Youth Authority, i.e., years, months and days.
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Department of the Youth Authority
§4171
(2) Completed Youth Authority Referral Document, YA 1.41 1 (form
supplied by the Department).
(3) Three copies of reports containing the following case information,
unless it is already in possession of the Department:
(A) Current description and diagnostic information concerning any
evidence that the person may be developmentally disabled (i.e., I.Q. of
70 or less); is unable to communicate (e.g., speech or hearing defect); is
psychotic or has another psychiatric disorder; or has a serious physical
disability.
(B) Current description of any condition requiring medical care, e.g.,
disease, pregnancy, etc.
(C) Description and evaluation of the person's social background, i.e.,
developmental history, family background, peer associations, school and
work history, leisure-time activities and community environment.
(D) History of all of the person's criminal/delinquent behavior which
resulted in a finding of guilt, i.e., date of arrest, sustained criminal
charges, circumstances surrounding the offense and degree of involve-
ment.
(E) Description of prior efforts to help the person change his behavior,
i.e., programs used (e.g. probation, county camp, etc.), length of partici-
pation, degree and willingness to participate, and evaluation of results.
(F) Evaluation of why the person is criminal/delinquent and what ac-
tion should be taken.
(4) Evaluation of whether it would be dangerous to co-mingle the per-
son with other identified persons in a Youth Authority institution, when
relevant.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1740 and 1741, Welfare and Institutions Code.
History
1. Certificate of Compliance including amendment of subsection (b)(1) filed
10-10-79 (Register 79, No. 41).
2. Orderof Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
3. Editorial cortection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§4169. Optional Information.
The committing court, probation department, district attorney, de-
fense attorney and law enforcement agencies are requested to provide the
Youth Authority with additional information or recommendations they
deem necessary or desirable to assist the Authority in carrying out its
functions.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1741, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4169.5. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a committed
person within 16 work-hours, or as soon thereafter as possible, after re-
ceipt of the information and documents described in Sections 4176 and
4176.5 of these regulations.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1731.5, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 69.8. Notice of Action and Delivery Approval.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1738, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 41 69.9. Time Limit on Acceptance.
Notice that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Section 4167.
Required and optional information as provided by Sections 4168.5 and
4169 shall be current to the date of resubmission.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1731.5, Welfare and Institutions Code.
History
1. New section filed 10-10-79; effective upon filing. Certificate of Compliance
included (Register 79, No. 41).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Article 3. Juvenile Court Commitment
§ 41 70. Authority to Commit.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Sections 731, 734, and 1736, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4170.5. Discretion to Accept or Reject.
The Youth Authority may accept or reject a commitment from a juve-
nile court based on Sections 1736 and 736 of the Welfare and Institutions
Code which read in pertinent part as follows:
"1736. . . . and the authority may in its discretion accept such commitments."
"736. (a) The Youth Authority shall accept a person cormnitted to it pursuant
to this article if it believes that the person can be materially benefited by its refor-
matory and educational discipline, and if it has adequate facilities to provide such
care. No such person shall be transported to any facility under the jurisdiction of
the Youth Authority until the director thereof has notified the committing court of
the place to which said person is to be transported and the time at which he can be
received."
"(b) The Youth Authority shall also accept a person committed to it pursuant
to this article, provided that the Director of the Youth Authority certifies that staff
and institutions are available (a) if he is a borderline psychiatric or borderline men-
tally deficient case, (b) if he is a sex deviate unless he is of a type whose presence
in the community, under parole supervision, would present a menace to the public
welfare, or (c) if he suffers from a primary behavior disorder. No such person shall
be transported to any facility under the jurisdicfion of the Youth Authority until
the director thereof has nofified the committing court of the place to which such
person is to be transported and the time at which he can be received. To implement
the administration of this paragraph, the Durector of the Youth Authority and the
Director of Mental Hygiene (Mental Health) shall, at least annually, confer and es-
tablish policy with respect to the types of cases which should be the responsibility
of each department."
NOTE: Authority cited: Section 1712, Welfare and Insfitutions Code. Reference:
Sections 736 and 1736, Welfare and Institufions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4171 . Decision to Accept or Reject on Material Benefit.
(a) Persons committed from a juvenile court will be accepted if they
can be materially benefited, provided that necessary facilities and ser-
vices are available.
(b) Determinations of material benefit will be based on one or both the
following standards:
( 1 ) A person will be materially benefited when there is reasonable pos-
sibility that his likelihood to commit delinquent behavior can be signifi-
cantly reduced or eliminated within the confinement time and jurisdic-
tion time available. Factors to be considered under this subsection
include:
(A) Capacity. Does the person have the capacity to change? Consider-
ations in making this determination include:
(i) The person's intelligence.
(ii) The person's ability to communicate.
(iii) The absence of a pronounced psychosis.
(B) Tractability. Is the person's delinquent behavior so firmly estab-
hshed that there is little likelihood that it can be changed by commitment
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§4172
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
to the Youth Authority? Considerations in making this determination in-
clude:
(i) The person's history of criminal/delinquent behavior.
(ii) The person's degree of criminal sophistication.
(iii) The success of prior efforts to help the person change his behavior.
(iv) Whether the person has demonstrated willingness to participate in
programs designed to result in correction of unacceptable behavior.
(2) A person will be materially benefited and the public protected
when incapacitation is needed to shield the public and such person from
further delinquent behavior.
Factors to be considered under this subsection include:
(A) The incidence of delinquent behavior.
(B) History of close association with nonlaw-abiding persons.
(C) Emotional stability.
(D) Apparent motivation to commit further crimes, e.g., revenge, etc.
(E) Family associations that do not support law-abiding behavior.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 736, Welfare and Institutions Code.
History
1. Order of Repeal of subsection (b)(l)(A)(iv) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1 349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4172. Exceptions to Material Benefit Determinations.
The provisions of Section 4180 of these regulations notwithstanding,
a material benefit determination will not be made on persons who are de-
scribed under Section 736 (b) of the Welfare and Institutions Code. These
cases include (a) a borderline psychiatric or borderline mentally deficient
case, (b) a sex deviate, unless he is of the type whose presence in the com-
munity, under parole supervision, would present a menace to the public
welfare, or (c) a person who suffers from a primary behavior disorder.
These cases will be accepted regardless of whether they can be materially
benefited provided that adequate facilities are available and other appli-
cable provisions of law and these regulations are met.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Section 736, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85. No. 43).
§ 4173. Requirement to Provide Information.
(a) (Reserved)
(b) (Reserved)
(c) The information requirements and requested information de-
scribed in Sections 4168.5 and 4169 of these regulations apply to persons
committed by a juvenile court.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 735, 1740 and 1741, Welfare and Insfitutions Code.
History
1. Amendment of subsecfion (c) filed 6-4-80; effective thirtieth day thereafter
(Register 80, No. 23).
2. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effecUve thirtieth day thereafter (Register
85, No. 26).
3. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4174. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a committed
person within 16 work-hours, or as soon thereafter as possible, after the
receipt of the information and documents described in Sections 4168.5
and 4169 of these regulations.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 732, Welfare and Institutions Code.
History
1. Amendment filed 6-4-80; effective thirtieth day thereafter (Register 80, No.
23).
2. Editorial correcfion (Register 80, No. 29).
3. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4174.5. Notice of Action and Delivery Approval.
(a) (Reserved)
(b) (Reserved)
(c) The Department shall notify the committing court and probation
department of its acceptance or rejection decision. When a case has been
accepted, the notice shall designate the time and place for delivery to a
Youth Authority facility.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 732, 736, 1731.6 and 1752.1, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1 349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial conection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§4174.6. Time Limit on Acceptance.
Notice that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Section 4170.
Required and optional information as provided by Section 4173 shall be
current to the date of resubmission.
Note: Authority cited: Section 1712, Welfare and Insfitutions Code. Reference:
Section 735, Welfare and Institutions Code.
History
1. New section filed 10-10-79; effective upon filing. Certificate of Compliance
included (Register 79, No. 41).
2. Editorial correcfion of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Chapter 1 .7. Return of Wards to Court for
Alternative Disposition
Article 1. General Provisions
§4175. Introduction.
Note: Authority cited: Secfions 780, 1 737, 1 737. 1 , and 1 75 1 , Welfare and Institu-
fions Code. Reference: Sections 780, 1737, and 1737.1, Welfare and Institutions
Code.
History
1. New chapter (Secfions 4175-4188.5, not consecutive) filed 6-28-79 as an
emergency; designated effecfive 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§4175.5. Definitions.
For the purpose of the regulations contained in this chapter, the follow-
ing words shall have the following meanings:
Incorrigible: "Incorrigible" means the person is impervious to change,
or displays willfully unalterable, or not reformable behavior. Observed
behavior must extend over a period of time and be reasonably frequent;
a single incident is not sufficient in itself to establish incorrigibility. Rath-
er, a pattern of unacceptable behavior is required.
Incapable of Reformation: "Incapable of reformation" means that a
person lacks the necessary ability, competence or motivation to change
from criminal to noncriminal behavior.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfion 1737.1, Welfare and Institutions Code.
History
1 . Order of Repeal of Juvenile Court and Criminal Court definitions filed 6-3-85
by OAL pursuant to Government Code Section 1 1 349.7; effective thirtieth day
thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
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Department of the Youth Authority
§4183
§ 4176. Consult with District Attorney.
NOTIi: Authority cited: Section 1731, Welfare and Institutions Code. Reference:
Sections 780 and 1737.1, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 2. Order for Return of Criminal
Court Commitments
5} 4177. Authority to Return.
NOTI:: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Sections 1737.1 Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7: effective thirtieth day thereafter (Register 85, No. 26).
§ 4177.5. Alternative Disposition by the Criminal Court.
NOTH: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4178. Recommendation to Order Return to Court.
Staff shall make a recommendation to the Board to return a ward com-
mitted by a criminal court to the court when the ward is described by one
or more of the following subsections, provided that the court has other
available and viable alternative dispositions, giving consideration to
available confinement time.
(a) The ward is an improper person to be retained by the Department.
(b) The ward is so incorrigible as to render his detention detrimental
to the interests of the Department or other wards.
(c) The ward is so incapable of reformation under the discipline of the
Department as to render his detention detrimental to the interests of the
Department or other wards.
NOTE; Authority cited: Section 1712, Welfare and Insdtutions Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Certificate of Compliance including amendment filed 10-10-79 (Register 79,
No. 41).
2. Editorial correcfion of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4178.5. Determination of Improper Person.
A ward may be determined to be an improper person when he no long-
er meets the criteria for Section 4168 of these regulations (intake crite-
ria).
Note: Authority cited: Section 1712, Welfare and InstituUons Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Editorial correcfion of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4179. Determination of Person Incapable of Reformation.
A ward may be determined incapable of reformation when he no long-
er meets the criteria of Section 4 1 68 of these regulations (intake criteria).
NoTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1737.1, Welfare and InsdtuUons Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4179.5. Determination of an Incorrigible Person.
A ward may be determined incorrigible when he recently and persist-
ently presents a behavior pattern of one or a combination of the follow-
ing:
(a) Physical attack on persons.
(b) Forcing or encouraging others to commit crimes or violate institu-
tional rules.
(c) Inflicting substantial property damage.
(d) Possession of dangerous weapons or unlawful contraband.
(e) Persistent violation of institution rules.
NOTE: Authority cited; Section 1712, Welfare and Institutions Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4180. Behavior Detrimental to Interests of Department.
Behavior of a ward may be determined detrimental to the interests of
the Department when the behavior includes one or more of the following:
(a) Acts dangerous to other wards.
(b) Acts dangerous to staff.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (c) and (d) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial con-ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 80.5. Behavior Detrimental to Other Wards.
Behavior of a ward may be determined to be detrimental to other wards
when the behavior includes one or more of the following:
(a) Actions dangerous to other wards.
(b) Contributing to or causing criminal behavior or rule violations by
other wards.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference;
Section 1737.1, Welfare and Institutions Code.
History
1. Order of Repeal of subsecfions (c) and (d) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial coiTection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 81 . Notice to the Criminal Court.
When the Youth Authority Board orders a ward returned to court for
an alternative disposition, the order and pertinent case information and
reports will be forwarded to the committing court with copies t the district
attorney and probation department.
NOTE; Authority cited: Section 1712, Welfare and Institufions Code. Reference;
Section 1737.1, Welfare and Institufions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4182. Confinement Pending Alternative Disposition.
A ward will be delivered by the Department to the county jail in the
county where the committing court is located. A Youth Authority deten-
tion order will be issued to assure continued confinement until Youth Au-
thority commitment is vacated by entry of an alternative disposition or-
der by the court.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1737.1, Welfare and Institutions Code.
History
1. Editorial correcfion of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
Article 3. Order for Return of Juvenile
Court Commitments
§ 41 83. Authority to Return.
Note; Authority cited: Secfion 1751, Welfare and Institutions Code. Reference:
Secfion 780, Welfare and Insfitufions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
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§ 4183.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 4183.5. Retention of Youth Authority Commitment Until
Vacated.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 780. Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4184. Recommendation to Order Return to Court.
Staff shall make a recominendation to the Board to return a ward com-
mitted by a juvenile court to the court when the ward is described by one
or more of the following subsections, provided that the court has other
available and viable alternative dispositions, giving consideration to
available confinement tiine.
(a) The ward is an improper person to be retained by the Department.
(b) The ward is so incorrigible as to render his detention detrimental
to the interests of the Department.
(c) The ward is so incapable of reformation under the discipline of the
Department as to render his detention detrimental to the interests of the
Department.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Section 780, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 41 84.5. Determination of Improper Person.
A ward may be determined to be an improper person when he no long-
er meets the criteria of Section 4 17 1 of these regulations (intake criteria).
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 780, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4185. Determination of an Incorrigible Person.
A ward may be determined incorrigible when he recently and persist-
ently presents a behavior pattern of one or a combination of the follow-
ing:
(a) Physical attack on persons.
(b) Forcing or encouraging others to commit crimes or violate institu-
tional rules.
(c) Inflicting substantial property damage.
(d) Possession of dangerous weapons or unlawful contraband.
(e) Persistent violation of institutional rules.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 780, Welfare and Institutions Code.
History
1. Editorial correcdon of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4185.5. Determination of Person Incapable of
Reformation.
A ward may be determined incapable of reformation when he no long-
er meets the criteria of Section 4171 of these regulations (intake criteria).
NOTE: Authority cited: Secdon 1712, Welfare and Insdtudons Code. Reference:
Secdon 780, Welfare and Insdtudons Code.
History
1. Editorial correcdon of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
§ 4186. Behavior Detrimental to Interests of Department.
Behavior of a ward may be determined detrimental to the interests of
the Department when the behavior includes one or more of the following:
(a) Acts dangerous to other wards.
(b) Acts dangerous to staff.
NOTE: Authority cited: Secdon 1712. Welfare and Institutions Code. Reference:
Section 780, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (c) and (d) filed 6-3-85 by OAL pursuant to
Government Code Secdon 1 1349.7; effecdve thirtieth day thereafter (Register
85, No. 26).
§ 41 86.5. Notice to the Juvenile Court.
When the Youth Authority Board orders a ward returned to court for
an alternative disposition, the order and perdnent case information and
reports will be forwarded to the committing court with copies to the Dis-
trict Attorney and probation department.
NoTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdon 780, Welfare and Insdtutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4187. Confinement Pending Juvenile Court Action.
A ward ordered returned to juvenile court will remain in a facility des-
ignated by the Youth Authority pending acdon by the juvenile court.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdon 780. Welfare and Institutions Code.
History
1. Editorial correcdon of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
§4187.5. Transportation.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Secdon 780, Welfare and Insdtutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secdon
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 4. Recommendation That Criminal
Court Recall Commitment
§ 4188. Authority to Recommend Recall.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Secdon 1737, Welfare and Institudons Code.
History
1 . 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).
§ 4188.5. Criteria for Recall Recommendation.
The Departinent may recommend that the committing court recall a
commitment when it is determined that the ward will no longer materially
benefit by Youth Authority commitment as defined in Secdon 4171 of
these regulations.
NOTE: Authority cited: Secdon 1712, Welfare and Institudons Code. Reference:
Secdon 1737, Welfare and Insdtudons Code.
History
1. Editorial correction of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
Chapter 1.8. Extended Confinement Time
and Jurisdiction over Dangerous Persons
Article 1. General Provisions
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1800. Welfare and Institutions Code.
History
1. New chapter (Secdons 4190-4196, not consecudve) filed 6-28-79 as an emer-
gency; designated effecdve 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-10-79 (Register 79, No. 41).
3. Order of Repeal of Article 1 (Sections 4190 and 4190.5) filed 6-3-85 by OAL
pursuant to Government Code Secdon 1 1349.7; effective thirtieth day thereaf-
ter (Register 85, No. 26).
Article 2. Initial Application for Extension
§ 41 91 . Authority to Apply for Extension.
NotE: Authority cited: Secdon 1751, Welfare and Insdtudons Code. Reference:
Section 1800, Welfare and Institudons Code.
History
1 . 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).
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Title 15
Department of the Youth Authority
§ 4197.2
§ 41 92. Reasons for Application.
NOTl-;: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1800. Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 41 92.5. Staff Recommendation.
Staff shall make a recommendation to the Board that it apply to the
committing court for an extension of jurisdiction and confinement time
if the ward would be physically dangerous to the public because of the
person's mental or physical deficiency, disorder, or abnormality, and
when:
(a) There is substantial evidence that the person is physically danger-
ous to the public,
(b) There are reasons to believe that the person's dangerous behavior
can be diminished by further training and treatment services, and
(c) A program is available that can be used by the Youth Authority to
provide the needed services (e.g., state hospital, prison, private facihty).
NOTI:: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1 800, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
§ 4193. Evidence of Dangerousness.
Evidence of dangerousness may be established by one or more of the
following:
(a) Incidents showing a pattern of physically dangerous behavior by
the ward.
(b) Professional opinion by a psychiatrist or psychologist.
(c) Written or verbal threats of physically dangerous behavior by the
ward.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1800, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Article 3. Reapplication for Extension
§ 41 95. Authority to Reapply for Extension.
NotE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1802, Welfare and Institudons Code.
History
1. 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).
§ 4196. Procedures and Reasons for Filing Reapplication.
The provisions of Sections 4191.5, 4192, 4192.5, and 4193 of these
regulations shall apply when recommending to the Board that a reappli-
cation be filed.
NOTE: Authority cited: SecUon 1712, Welfare and Institutions Code. Reference:
Secdon 1802, Welfare and Insdtutions Code.
History
1. Editorial correcdon of NOTE filed 10-22-85; effecdve thirtieth day thereafter
(Register 85, No. 43).
Chapter 1.9. State Prison Commitment
With Youth Authority Housing
§ 4197. Acceptance or Rejection Action.
The Department shall make a decision to accept or reject a referral for
housing, within 16 work hours, or as soon thereafter as possible, after re-
ceipt of the information and documents described in Section 4197.1 of
these regulations.
NotE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Section 1731.5(c), Welfare and Institudons Code.
History
1. New chapter 1.9 (sections 4197^198) and section filed 3-7-95; operative
4-6-95 (Register 95, No. 10).
§ 41 97.1 . Requirement to Provide Information.
At the tiiTie of sentencing to state prison with housing in the Youth Au-
thority, the sentencing court and/or probation department shall provide
the following information/documents for each person:
(a) Three copies of the Abstract of Judgement, one of which must be
certified.
(b) Three copies of the sentencing minute order, one of which must be
certified.
(c) Three copies of the information/charging document/felony com-
plaint.
(d) A completed Youth Authority Referral Document (YA 1 .41 1 Rev.
12/85).
(e) Three copies of the Probation Report which includes information
regarding the offender's current offense, personal history, delinquent
and criminal history, description of prior efforts to help the person
change his/her behavior, i.e., programs used (e.g., probation, county
camp, jail term, etc.), length of participation, degree and willingness to
participate and evaluation of results.
(f) Three copies of prior probation report when most recent probation
report does not supply adequate social history information.
(g) Three copies of prior probation report for any previously sustained
sex offenses.
(h) Two copies of current description of any condition requiring medi-
cal care, e.g., disease, pregnancy, etc. (M.D. established delivery date re-
quired for pregnant females).
(i) Three copies of current description and diagnostic information con-
cerning evidence that the offender may be developmentally disabled
(i.e., I.Q. of 70 or less); is unable to communicate (e.g., speech or hearing
defect); is psychotic or has another psychiatric disorder; or has a serious
physical disability.
(j) Three copies of the psychiatric or psychological reports (when
available).
The Department's intake decision may be delayed pending receipt of
required information/documents.
NOTE: Authority cited: Secdon 1712, Welfare and Institudons Code. Reference:
Secdons 735, 174 and 1741, Welfare and Institutions Code.
History
1. New secdon filed 3-7-95; operadve 4-6-95 (Register 95, No. 10).
§ 4197.2. Discretion to Reject.
The Youth Authority may accept or reject pursuant to Welfare and In-
stitutions Code Section 1731.5(c).
Persons will be rejected for housing for one or more of the following
reasons:
(a) The person is 1 7 years and 6 months or older at the time the referral
is received by the Youth Authority, and the sentence imposed will result
in an earliest possible release date that exceeds the person's 21st birth-
day.
(b) Tlie person has been determined to be unamenable by Youth Au-
thority staff during diagnostic evaluation pursuant to Welfare and Institu-
dons Code Section 707.2.
(c) The person has been determined to be unamenable by Youth Au-
thority staff through review of case materials provided by the sentencing
court/probation department in accordance with Section 4197.1.
(d) The person is a current or former Youth Authority ward or inmate
who has been released on parole.
(e) Adequate facilities and treatment services are not available to pro-
vide required care (i.e., acute or chronic medical/psychiatric needs).
(f) The person represents a physical danger to the health and safety of
staff or wards as demonstrated by a history of unacceptable behavior (i.e.,
escape, possession of weapons, aggression toward staff or peers) in cor-
rectional or juvenile rehabilitation programs.
(g) The person's custody and security requirements exceed those
available in Youth Authority facilities.
Page 205
Register 2004, No. 42; 10-15-2004
§ 4197.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTH: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 707.2, 1731.5(c) and 1741, Welfare and Institutions Code.
History
1. New section filed 3-7-95; operative 4-6-93 (Register 95, No. 10).
2. Repealer and new subsection (a) filed 6-27-97; operative 7-27-97 (Register
97, No. 26).
§ 4197.3. Notice of Action and Delivery Approval.
The Department shall notify the referring court and probation depart-
ment of its acceptance or rejection decision. When a case has been ac-
cepted the notice shall designate the time and place for delivery to a
Youth Authority facility.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1738, Welfare and Institutions Code.
History
1. New secfion filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§ 4197.4. Time Limit on Acceptance.
Notice that a case has been accepted shall become void 90 days from
the date it was issued unless the person has been delivered to a Depart-
ment reception center-clinic. If not delivered within 90 days, the case
may be resubmitted for acceptance action as provided by Sections 4197
and 41 97.3 of these regulations. Information required by Section 41 97. 1
shall be current to the date of resubmission.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1731.5, Welfare and Institutions Code.
History
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
§ 41 98. Transfer to State Prison.
Persons accepted for housing pursuant to Welfare and Institutions
Code Section 1731.5(c) may be transferred to state prison at the discre-
tion of the Department for one or more of the following reasons:
(a) Continued housing of the inmate represents a threat to the safety
of Youth Authority staff and/or wards.
(b) Persistent violation of institutional rules.
(c) Necessary facilities and/or services are no longer available.
(d) The inmate refuses to participate in programs.
(e) The inmate requests transfer.
(f) The inmate has completed all appropriate Youth Authority pro-
grams.
(g) The inmate reaches a level of emotional/physical maturity that
makes him/her suitable for placement within the Department of Correc-
tions.
(h) The inmate is committed to stale prison in additional court action.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1737.5, Welfare and Institutions Code.
History
1. New section filed 3-7-95; operative 4-6-95 (Register 95, No. 10).
Chapter 2.
Prevention and Community
Corrections
Subchapter 1. General Provisions
Article 1. Appeal Hearing Procedures
§ 4200. Purpose.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Secfion 1711.3, Welfare and Institutions Code.
History
1. Amendment of Subchapter title and new Article 1 (Sections 4200-4202) filed
4-3-79; effecfive thirtieth day thereafter (Register 79, No. 14).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to secfion 100, fitle 1, California Code of Regulations (Register 2004, No. 42).
§4201. Definitions.
NOTE: Authority cited: Secfions 171 1.3 and 1751, Welfare and Insfitutions Code.
Reference: Secfion 1711.3, Welfare and Insfitudons Code.
History
1. Change without regulatoi7 effect repealing section filed 10-13-2004 pursuant
to secfion 100, title" 1, California Code of Regulations (Register 2004, No. 42).
§ 4202. Appeal Hearing Procedures.
NOTE: Authority cited: Secfions 171 1.3 and 1751. Welfare and Institutions Code.
Reference: Section 171 1.3, Welfare and Insfitutions Code.
History
1. Change without regulatory effect repealing secfion filed 10-13-2004 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 42).
Article 2.
Status Offender Reporting
Procedures
§ 4208. Introduction.
The status offender reporting procedures are based on the provisions
of Section 207(e) of the Welfare and Institutions Code there are two sub-
divisions (e) in Section 207. Subdivision (e) as referred to in these regula-
tions pertain to the requirement that counties shall keep a record of each
minor detained under subdivision (c) which reads as follows:
"(e) Every county shall keep a record of each minor detained under
subdivision (c) 207 WIC, the place and length of time of such detention,
and the reasons why such detention was necessary. Every county shall
report, on a monthly basis, this information to the Department of the
Youth Authority, on forms to be provided by that agency.
"The Youth Authority shall not disclose the name of the detainee, or
any personally identifying information contained in reports sent to the
Youth Authority under this subdivision."
NOTE; Authority cited: Secfions 1751 and 1752.7, Welfare and Institufions Code.
Reference: Section 207(e), Welfare and Institutions Code.
History
1. New Subchapter 1 (Article 2, Sections 4208-4213) filed 3-12-79 as an emer-
gency; effecfive upon filing (Register 79, No. 1 1 ).
2. Certificate of Compliance filed 6-19-79 (Register 79, No. 25).
§ 4209. Definitions.
The definitions given in this article apply to the procedures for report-
ing secure detention of status offenders; they are not intended to apply
to other statutes or administrative code provisions.
(a) Status Offender. "Status offender" means a person (minor) alleged
or adjudged to be a person described in Section 601 of the Welfare and
Institutions Code.
(b) Secure Facility. "Secure facility" means any juvenile hall, police
or sheriffs station or substation, holding room, or comparable facility.
Pursuant to Section 207(c) of the Welfare and Institutions Code, status
offenders cannot be detained in a facility in which adults are held in se-
cure custody, and pursuant to Section 208 of the Welfare and Institutions
Code, minors are not to come in contact or remain in contact with con-
fined adults.
(c) Secure Detention. "Secure detention" means any situation in which
a minor is booked, admitted, entered, or held in a secure facility behind
a locked door, gate, or fence. This does not include detention in open re-
cepdon areas, interrogation rooms, or public areas of a station or facility,
poUce cars, field interrogations or investigations.
NOTE: Authority cited: Secfion 1751, Welfare and Institufions Code. Reference:
Secfion 207, Welfare and Institufions Code.
History
1. Amendment filed 6-19-79; effecfive upon filing (Register 79, No. 25).
§4210. Reporting Requirements.
For the purpose of reporting the detention of status offenders, counties
shall provide information as requested by the Department, in format to
be provided by the Department, including but not limited to the follow-
ing:
(a) Name of each minor detained.
(b) Place and length of time of such detention.(c) Reason why such de-
tention was necessary.
NOTE: Authority cited: Secfions 207, 1751 and 1752.7, Welfare and Insfitufions
Code. Reference: Secfions 207, 1752, Welfare and Institutions Code.
Page 206
Register 2004, No. 42; 10-15-2004
Title 15
Department of the Youth Authority
§4216
§ 421 1 . Confidentiality of Records.
The Department shall not disclose the name of the detainee, or any per-
sonally identifying information contained in reports sent to the Depart-
ment under this chapter article.
NOTH: Authority cited: Sections 207 and 1751, Welfare and Institutions Code.
Reference: Section 207, Welfare and Institutions Code.
§4212. Report Coordinator.
Each county board of supervisors shall designate a county report coor-
dinator to coordinate the reporting program with the Department, and in
accordance with the following:
(a) Status offender detention report forms shall be furnished to the
county coordinator by the Department for distribution to agencies within
the county that detains status offenders for completion.
(b) The county report coordinator shall be responsible for forwarding
completed forms to the Department by the 15th of each month for each
status offender detained during the preceding month.
(c) If no status offenders were detained during the preceding month,
the county report coordinator shall submit one status offender detention
report form indicating no detentions.
NOTE: Authority cited: Sections 207 and 1751, Welfare and Institutions Code.
Reference: Section 207, Welfare and Institutions Code.
§ 4213. Exclusion from Reporting.
No monthly report shall be required from a county that stipulates in
writing to the Department that status offenders are not being detained in
any facilities within the county solely on the basis of Section 207 of the
Welfare and Institutions Code.
NOTE: Authority cited: Sections 207, 1751, and 1752.7, Welfare and Institutions
Code. Reference: Sections 207 and 1752.7, Welfare and Institutions Code.
Subchapter 1 .5. County Correctional
Facility Capital Expenditure Bond Act of
1986 (Juvenile Facilities)
Article 1. General Provisions
§4215. Purpose.
These regulations are applicable only to funds appropriated for juve-
nile facilities by the County Correctional Facility Capital Expenditure
Bond Act of 1986.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Sections 3, 9 and
11(a).
History
1. New Subchapter 1.5 (Articles 1-6, Sections 4215-4220, not consecutive) filed
7-31-87; operative 7-31-87 (Register 87, No. 32).
§4215.1. Definitions.
(a) "Allocation cycle" means a set period of time during which the De-
partment allocates and reallocates funds to the counties; declares pro-
posed projects to be eligible or not eligible for funds; and if eligible, sets
funds aside for approved projects.
(b) "Architectural design" means the preparation of architectural
drawings, specifications and value engineering. It includes preliininary
plans (schematic drawings), plans at intermediate stages, models, final
working drawings, specifications and engineering.
(c) "Department" means Department of the Youth Authority.
(d) "Detained" means that a minor is delivered to the probation officer
as provided by Section 628 of the Welfare and Institutions Code.
(e) "Director" means Director of the Department of the Youth Author-
ity.
(f) "Juvenile facilities" means those facilities established pursuant to
Sections 636.2, 654, 850, 881, and 894 of the Welfare and Institutions
Code which are owned by a county. City and county jails and lockups as
defined in Section 207.1(h) of the Welfare and Institutions Code are not
included.
(g) "Match" means those assets that are contributed by one or more
counties to the total cost of a project.
(h) "Per capita share" and "pro rata share" refer to the same thing. They
mean the proportionate amount of money that may be allocated to each
eligible county based on the population of that county.
NOTE: Authority cited: Section 1712(b), Wclfai-e and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 12 and Ch. 1519, Sections 3(a), (b), and 9; Section
4481(c), Penal Code; and Section 628, Welfare and Institutions Code.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 2. Allocation of Funds
§ 4216. Initial Allocation of Funds.
Funds shall be allocated initially to all of the counties for
were appropriated, on a per capita basis, using July 1 , 1 986
estimates by the Department of Finance, as follows:
(a) COUNTIES WITH JUVENILE FACILITIES
Estimated
Count}'
Alameda
Butte
Contra Costa
Del Norte
ElDorado
Fresno
Humboldt
Imperial
Kern
Kings
Lake
LosAngeles
Madera
Marin
Mendocino
Merced
Monterey
Napa
Nevada
Orange
Placer
Riverside
Sacramento
San Bernardino
San Diego
San Francisco
San Joaquin
San Luis Obispo
San Mateo
Santa Barbara
Santa Clara
SantaCruz
Shasta
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
Tehama
Tulare
Ventura
Yolo
Yuba
TOTALS
Population
Julv 1, 1986
1,212,000
165,000
729,800
19,100
108,000
584,000
113,200
108,300
409,900
85,700
49,000
8,292,800
78,700
227,300
74,400
163,300
336,300
104,500
70,900
2,171,200
142,800
864,600
916,700
1,138,000
2,205,900
744,600
431,000
195,100
615,400
338,000
1,403,300
218,100
132,600
42,500
286,000
344,800
315,100
58,800
44,700
285,700
615,400
125,800
54,000
26,703,900
(b) COUNTIES WITHOUT JUVENILE FACILITIES
Estimated
Population
County Julv 1.1986
Alpine ' 1,200
Amador 23,900
Calaveras 27,900
Colusa 15,000
Glenn 23,000
Inyo 18,000
Lassen 24,900
Mariposa 13,700
Modoc 9,400
Mono 9,200
Plumas 19,400
which they
population
Percent
of Total
Population
.04538
.00620
.02733
.00072
.00404
.02187
.00424
.00406
.01838
.00321
.00183
.31054
.00295
.00851
.00279
.0-0612
.01259
.00391
.00266
.08130
.00535
.03238
.03433
.04262
.08261
.02788
.01614
.00731
.02305
.01266
.05255
.00817
.00497
.00159
.01071
.01291
.01179
.00220
.00167
.01070
.02305
.00471
.00202
lOO.OVf
Percent
of Total
P(>pulati(m
.00433
.08631
.10076
.05417
.08306
.06501
.08992
.04948
.03395
.03323
.07006
Page 207
(4-1-90)
5} 4216.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Estimated
Percent
Population
of Total
July 1.1986
Population
32,100
.11593
3.400
.01228
13.500
.04875
42.300
.15276
276,900
100.0%
County
San Benito
SieiTa
Trinity
Tuolumne
TOTALS
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence; Statutes of 1986, Ch. 1519, Sections 9(d) and (e).
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§ 421 6.1 . Reallocation of Funds.
Funds that are not set aside during a previous allocation cycle shall be
reallocated to those counties that applied for funds and were declared eli-
gible by the Department. The reallocation of funds shall be made on a pro
rata basis. Pro rata shares shall be based July 1 , 1 986 population estimates
using the tables in Section 4216.
NOTE: Authority cited; Section 1712(b), Welfare and Institutions Code. Refer-
ence; Statutes of 1986, Ch. 1519, Sections 9(b) and (d).
History
1. New section filed 7-31-87; operafive 7-31-87 (Register 87, No. 32).
§ 4216.3. Failure to Execute Contract.
Funds that were set aside for a county and then not expended in accor-
dance with the terms of a contract shall be reallocated during the next al-
location cycle after they become available.
NOTE: Authority cited; Section 1712(b), Welfare and Institutions Code. Refer-
ence; Statutes of 1986. Ch. 1519, Sections 9(d) and (e).
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 3. Eligibility for Funds
§4217.1. County Match.
All counties shall provide twenty-five percent (25%) of the total cost
in matching funds for projects approved by the Department in order to
be eligible. At least ten percent (10%) of total project costs shall be hard
match and the remainder may be soft match.
NOTE; Authority cited; Secdon 1712(b), Welfare and Institutions Code. Refer-
ence; Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Section 9(g).
History
I. New secfion filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4217.2. Hard Match.
Expenditures by a county for the following are eligible to be counted
as hard match:
(a) Construction of the approved project.
(b) Acquisition of building sites not previously owned by the county.
(c) Architectural design.
(d) Fixed equipment and furnishings necessary for the operation of
new facilities.
(e) Site preparation and reasonable landscaping costs for new facili-
ties.
NOTE: Authority cited; Section 1719(b), Welfare and Institutions Code. Refer-
ence; Section 4485, Penal Code; and Statutes of 1986, Ch. 1519, Secfion 9(g).
History
1. New secfion filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4217.3. Soft Match.
Expenditures by a county for the following are eligible to be counted
as soft match:
(a) Current market value of sites already owned by the county for new
projects to alleviate overcrowding or projects by counties that do not
have existing juvenile facilities.
(b) Environmental Impact Report costs.
(c) Building maintenance analysis of the adequacy of existing struc-
tures.
(d) County management and administrative costs up to four percent
(4%) of the total project cost.
NOTE: Authority cited; Section 1712(b), Welfare and Institutions Code. Refer-
ence; Secfion 4485, Penal Code; and Statutes of 1986, Ch. 1519. Secfion 9(g).
History
1. New secfion filed 7-31-87; operafive 7-31-87 (Register 87. No. 32).
§ 4217.4. Counties That Have Juvenile Facilities.
Counties that currently have juvenile facilities shall meet one or both
of the following conditions in order to be eligible:
(a) One or more juvenile facilities in the county are overcrowded as
noted in the most recent annual inspection report prepared by the Depart-
ment. A juvenile detention facility is deemed to be overcrowded if one
or more of the following apply:
( 1 ) The number of minors detained in that facility during calendar year
1986 exceeded the maximum living unit capacity of that facility for fif-
teen (15) days during any thirty (30) consecutive day period, as provided
by Section 4309(b)(3). Title 15, California Administrative Code.
(2) The Director determines that during 1 986 the facility would have
exceeded the maximum living unit capacity as provided by Section
4217.4(a)(1) of these regulations if minors had not been transferred to a
juvenile detention facility in another county.
(3) The Director determines that during 1986 the facility would have
exceeded the maximum living unit capacity as provided by Section
4217.4(a)(1) of these regulations if minors had not been transferred to
another living unit within the same facility when by doing so. it was nec-
essary to place minors in a living unit which was not appropriate for them
due to age, delinquent sophistication, health, or security need.
(b) There are significant health and safety deficiencies in one or more
juvenile facilities in the county as noted in the most recent annual inspec-
tion report prepared by the Department including fire, safety, health or
similar reports prepared by specialists.
NOTE: Authority cited; Secfion 1712(b), Welfare and Institufions Code. Refer-
ence; Statutes of 1986, Ch. 1519, Section 9(b).
History
1. New secfion filed 7-31-87; operafive 7-31-87 (Register 87, No. 32).
§4217.5. Starting Date.
Costs eligible for funding through the Act shall have been committed
on or after October 1, 1986.
NOTE: Authority cited; Secfion 1712(b), Welfare and Insfitufions Code. Refer-
ence; Statutes of 1986, Ch. 1512, Secfions 3(a) and 9.
History
1. New secfion filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 4. Application for Funds
§4218. Joint Application.
Counties may apply for funds to be used jointly under the provisions
of a Joint Powers Agreement or by contract.
NOTE: Authority cited; Secfion 1712(b), Welfare and Insfitufions Code. Refer-
ence; Section 870, Welfare and Insfitufions Code; and Statutes of 1986, Ch. 1519,
Secfion 9.
History
1. New section filed 7-31-87; operafive 7-31-87 (Register 87, No. 32).
§4218.1. Time Schedule.
(a) Initial applications for funds shall be submitted to the Department
by September 4, 1 987, provided, however, this date may be extended by
the Director upon prior notice to the counties by August 14, 1987.
(b) Counties eligible to apply for reallocated funds shall be notified
thirty (30) days in advance of the date by which applications for such
funds shall be submitted to the Department. The notice shall specify the
amount of funds reallocated to each eligible county.
NOTE: Authority cited; Section 1712(b), Welfare and Institufions Code. Refer-
ence; Statutes of 1986, Ch. 1519, Secfions 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Page 208
(4-1-
Title 15
Department of the Youth Authority
§ 4219.3
§ 421 8.3. Initial Application for Funds.
The initial application for funds shall be made in the form and manner
prescribed by the Department, as follows:
(a) A certification that juveniles in the county are not placed in county
jails unless otherwise authorized by Section 207. 1 of the Welfare and In-
stitutions Code, or a county plan to prohibit this practice.
(b) A description of the adequacy of facilities available for mentally
ill detained minors if required pursuant to Section 598 reserved. Title 15
of the California Administrative Code.
(c) A description of the adequacy of facilities available for minors de-
tained for intoxication if required pursuant to Section 598 reserved. Title
15 of the California Administrative Code.
(d) An assessment of the needs that justify expending funds for the
proposed project.
(e) An analysis of possible alternatives to the construction for which
funds are requested. This shall include a discussion of the degree to which
alternatives to incarceration are used or have been explored by the county
and their availability or lack thereof.
(f) A description of the proposed project, including:
( 1 ) Scope and an estimated timetable for completion of major phases
of the project.
(2) Discussion of the extent to which the need will be met by the pro-
posed project.
(g) A budget prepared in sufficient detail to fully explain the financial
aspects of the project. This shall specify the amount of state funds re-
quested and the amount and kind of county match provided.
(h) A signed resolution by the Board of Supervisors authorizing sub-
mission of the application for funds under the Act. The resolution shall
specify the amount and kind of match that the county will provide and
indicate that it is the county's intent to finance ongoing operational costs
for facilities that are constructed with funds under the Act. Separate reso-
lutions shall be submitted if the proposed project will be undertaken
jointly by two or more counties.
(i) A completed Face Sheet including the name, address, telephone
number, signature of the county official authorized to act in behalf of the
county in all matters related to this application and the date that the apph-
cation was signed.
(j) An original and two (2) copies of all documents making up the
application.
NOTE; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 4485.6(a), Penal Code; and Statutes of 1986, Ch. 1519, Sections 9(c)
and(0.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§ 421 8.5. Review and Modification of Application.
If an application is found by the Department to be incomplete, the De-
partment shall so notify the county, in writing, and shall specify the defi-
ciencies involved. The county may correct the deficiencies and resubmit
the application provided that corrections in the application can be com-
pleted by the due dates negotiated between the Director and county.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Section 9(f).
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§ 4218.7. Application for Additional Funds.
Applications for additional funds shall include the information re-
quired pursuant to Section 4218.3. Information which was supplied in a
prior application need not be repeated if it remains accurate.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Section 9(f).
History
1. New section filed 7-31-87; operafive 7-31-87 (Register 87, No. 32).
§ 4218.9. Project Eligibility Declaration.
The Department shall declare a project to be eligible or not eligible for
funding no later than thirty (30) days after receipt of a properly completed
application by the Department.
NOTE: Authority cited: Section 1712(b). Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Section 9(c).
History
1. New section filed 7-31-87, operative 7-31-87 (Register 87. No. 32).
Article 5. Administration of Funds
§ 4219. Costs That May and May Not Be Funded.
(a) Costs ehgible for state funding shall include the following:
(1) Construction of new buildings.
(2) Alterations or improvements to existing stmctures.
(3) Permits and licenses.
(4) Insurance during construction.
(5) Equipment and fixtures attached to and forming a permanent part
of the structure.
(6) Landscaping.
(7) Pipelines, wells, paving, sewers, drains and fences.
(b) Costs not eligible for state funding shall include the following:
(1) Architectural design.
(2) Interest on bonds or other forms of indebtedness.
(3) County administrative costs.
(4) County costs associated with application development and com-
pletion of needs assessment.
(c) The Director may approve additional costs for funding that are di-
rectly attributable to actual construction. Costs for planning and develop-
ment of the project shall not be eligible for state funding.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Secfions 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.1. Contract.
There shall be a contract between the Department and the county that
includes a description of the project, the number of working days for
completion, and amount of the contract.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New secfion filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§ 4219.2. Disbursement of Funds.
Upon approval of the county's application by the Department and ex-
ecution of a contract, funds shall be disbursed in accordance with a
schedule established by the Department.
(a) Requests for fund payments shall include such supporting docu-
mentation as may be required by the Department and, in the event of defi-
ciencies in the request, the county shall be notified by the Department of
the deficiencies.
(b) Fund payments shall be made in arrears during construction.
NOTE: Authority cited: Secdon 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operafive 7-31-87 (Register 87, No. 32).
§ 421 9.3. Project Modifications.
Project modifications that are proposed after a contract has been
signed which substantially alter the scope of the project, substantially al-
ter the design, location, size, capacity, or quality of major items of equip-
ment, or increase the amount of state funds needed to complete the proj-
ect, shall have prior written approval by the Department.
NOTE: Authority cited: Secfion 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Secfions 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Page 209
Register 97, No. 13; 3-28-97
§ 4219.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§4219.4. Accounting.
All funds received by he county shall be deposited into separate ac-
counts which identify the funds and clearly show the manner of their dis-
position. Supporting records shall be maintained by the county in suffi-
cient detail to demonstrate that the funds were used for the purposes for
which they were awarded and in accordance with the provisions of the
contract.
NOTE: Authority cited: Section 1712(b), Welfai-e and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.5. Monitoring.
The Department shall monitor county administration of funds to as-
sure that the project is carried out in accordance with the approved appli-
cation, contract, these regulations, and the statutes.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87. No. 32).
§ 4219.6. Completion of Project.
The county shall proceed expeditiously with, and complete the project
in accordance with the application and contract approved by the Depart-
ment. If the county does not proceed expeditiously with the project as
agreed in the contract, the Department shall give written notice of failure
to comply with terms of the contract and may terminate the contract.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1 . New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§ 4219.7. Final Financial Statement.
Each county shall render an acceptable final account to the Depart-
ment not later than one hundred and twenty (120) days following com-
pletion of the project or later, as may be authorized by the Department.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
§4219.8. Audits.
The State of California reserves the right to audit accounting records
of participating counties relating to the administration of the Act. For au-
dit purposes, the county shall provide access to the facility, premises and
records related to any project funded under the Act. This shall extend to
the grantee's contractors, including personal services contracts. The
county shall provide reasonable assurance of having a systematic method
to afford timely and appropriate resolution of audit findings and recom-
mendations.
Any improper expenditure of state funds disclosed in such audits shall
be recovered by the Department through withholding future payments
and/or repayment by the county at the discretion of the Department.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operadve 7-31-87 (Register 87, No. 32).
§4219.9. Unused Funds.
Any funds not expended by a county pursuant to an approved contract
and funds determined to have been inappropriately or erroneously spent
shall be repaid to the Department. Such repayment may be by county
warrant and/or may be withheld from subsequent payment at the discre-
tion of the Department.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. I5I9, Sections 3(a) and 9.
History
1. New section filed 7-31-87; operative 7-31-87 (Register 87, No. 32).
Article 6. Appeal of Decisions
§ 4220. Appeal Procedure.
A county may appeal Department decisions made with respect to the
Act using the procedures set forth in Title 15, Sections 4200, 4201 , and
4202 of the California Administrative Code.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Statutes of 1986, Ch. 1519. Secfions 3(a) and 9.
History
1. New section filed 7-31-87: operative 7-31-87 (Register 87, No. 32).
Subchapter 1.6. County Correctional
Facilities Capital Expenditure and Youth
Facility Bond Act of 1988 (Juvenile
Facilities)
Article 1. General Provisions
§ 4222. Purpose
These regulations are applicable only to funds made available to juve-
nile facilities by the County Correctional Facilities Capital Expenditure
and Youth Facility Bond Act of 1988 as set forth in Penal Code section
4496, et. seq.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 4497(a), 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operafive 8-22-90 (Register 90, No. 38).
§4222.1. Definitions.
(a) "Department" means Department of the Youth Authority.
(b) "Director" means Director of the Department of the Youth Author-
ity.
(c) "Overcrowded" means that a county does not have the type of juve-
nile facilities or capacity in its juvenile facilities that is required to detain
minors safely and efficiently, as demonstrated by one or more of the fol-
lowing:
(1) The number of minors detained in one or more juvenile facilities
in the county exceeded the maximum population limitations established
by the Department of the Youth Authority in accordance with sections
210 and 872 of the Welfare and Institutions Code for fifteen (15) days or
more during any thirty (30) consecutive day period in calendar year 1 987
or 1988.
(2) The county does not have efficient and adequate facilities for youth
with special problems.
(3) The county did not have juvenile facilities on January 1 , 1987.
NOTE: Authority cited: Section 1712(b), Welfare and Insdtutions Code. Refer-
ence: Section 4496.12(a)(2), 4497(a), 4497.20(a), 4497.26. 4497.28, 4497.12,
4497.32(a), 4497.32(c), Penal Code; Sections 210, 636.2, 654. 850, 870, 872,881,
894, 1712, 1760.7, 1851 and 5590 through 5599, Welfare and Institutions Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 2. Eligibility for Funds
§ 4224. County Match.
All counties shall provide twenty-five percent (25%) of the total cost
in matching funds for projects approved by the Department in order to
be eligible. At least 10 percent (10%) of total project costs shall be hard
match and the remainder may be soft match.
NOTE: Authority cited: Section 1712(b), Welfai-e and Insfitutions Code. Refer-
ence: Sections 4496.12(/)(3) and 4497.38, Penal Code.
History
1. New secfion filed 7-23-90; operafive 8-22-90 (Register 90, No. 38).
2. Editorial correcuon of Note (Register 97, No. 13).
Page 210
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§4226
§4224.1. Hard Match.
Expenditures by a county for the following are eligible to be counted
as hard match;
(a) Construction of the approved project.
(b) Acquisition of building sites for the approved project not previous-
ly owned by the county.
(c) Architectural design of the approved project.
(d) Fixed equipment and furnishings necessary for the operation of
new facilities.
(e) Site preparation and reasonable landscaping costs for new facili-
ties.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence:Sections 4496.12(/)(3) and 4497.38, Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
2. Editorial correction of Noth (Register 97, No. 13).
§ 4224.2. Soft Match.
Expenditures by a county for the following are eligible to be counted
as soft match:
(a) Current market value of building sites already owned by a county
used for projects to alleviate overcrowding.
(b) Environmental Impact Report costs.
(c) Building maintenance analysis of the adequacy of existing struc-
tures.
(d) County management and administrative costs of up to four percent
(4%) of the total project cost.
(e) Costs to conduct an assessment of the county's needs for juvenile
facilities.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4496.12(a)(3) and 4497.38, Penal Code.
History
1. New section filed 7-23-90; operafive 8-22-90 (Register 90, No. 38).
§ 4224.3. Starting Date.
Costs eligible for funding through the Act shall have been committed
on or after November 8, 1988.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497(a) and 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 3. Application for Funds
§ 4225. Time Limit for Applications.
Application for funds shall be submitted to the Department no later
than December 15, 1990.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497(a) and 4497.20(a), 4497.32(a) and (b), and 4497.40, Penal
Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4225.1 . Separate Applications for Difference Purposes.
Counties applying for funds shall submit separate applications to the
Department:
(a) Construct juvenile facilities in counties without such facilities on
January 1, 1987.
(b) Construct facilities for youth with special problems.
(c) Alleviate overcrowding where the number of minors detained dur-
ing calendar year 1987 or 1988 exceeded maximum population limits.
(d) Eliminate health, fire and life safety deficiencies.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.36, Penal Code.
History
I. New section filed 7-23-90; operafive 8-22-90 (Register 90, No. 38).
§ 4225.4. Joint Application.
Counties may apply for funds to be used jointly under the provisions
of a Joint Powers Agreement or by contract.
NOTE; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497(a) and 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4225.6. Content of the Application.
An original and two copies of the application for funds shall be made
in the form and manner prescribed by the Department and shall include:
(a) An assessment of the needs that justify spending funds for the pro-
posed project(s).
(b) A description of the proposed project(s), including:
( 1 ) Scope and an estimated timetable for completion of major phases
of the project(s).
(2) Discussion of the extent to which the need will be met by the pro-
posed project(s).
(c) A budget prepared in sufficient detail to fully explain the financial
aspects of the project(s). This shall specify the amount of state funds re-
quested and amount and kind of county match provided.
(d) For counties applying for funds to alleviate overcrowding:
(1 ) A preliminary staffing plan for the proposed facility, along with an
analysis of the other operating costs anticipated for that facility.
(2) A plan including the use of five (5) or more procedures or methods
to minimize the use of detention.
(e) For counties applying for funds to eliminate health, fire and life
safety deficiencies, a report from a certified health or safety inspector.
(f) A signed resolution by the Board of Supervisors authorizing sub-
mission of the application for funds. If the proposed project(s) will be un-
dertaken jointly by two or more counties each county is required to sub-
mit a resolution. The resolution shall:
( 1 ) Specify the amount and kind of match that the county will provide.
(2) For counties applying for funds to alleviate overcrowding, the res-
olution shall verify that the Board of Supervisors has received and ap-
proved of the preliminary staffing plan and analysis of operating costs.
(3) For counties applying for funds to alleviate overcrowding, the res-
olution shall verify that the Board of Supervisors has received and ap-
proved of apian including the use of five (5) or more procedures or meth-
ods to minimize the use of detention.
(g) A completed face sheet including the name, address, telephone
number, signature of the county official authorized to act in behalf of the
county in all matters related to this application and the date that the appli-
cation was signed.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497(a) and 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operafive 8-22-90 (Register 90, No. 38).
§ 4225.8. Review and Modification of Application.
If an application is found by the Department to be incomplete, the De-
partment shall so notify the county, in writing, and shall specify the defi-
ciencies involved. The county may correct the deficiencies and resubmit
the application provided that corrections in the applicadon are completed
by the due date set by the Director.
NOTE: Authority cited: Section 1712(b), Welfare and Institufions Code. Refer-
ence: Secdons 4497.36, Penal Code.
History
1. New secfion filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 4. Funding Decisions
§ 4226. Project Eligibility Declaration.
The Department shall declare a project to be eligible or not eligible for
funding no later than sixty (60) days after receipt of a properly completed
applicadon.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20 and 4497.40, Penal Code.
Page 211
Register 98, No. 9; 2-27-98
§ 4226.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4226.1 . Regional Facilities for Youth with Special
Problems.
(a) If the eligible applications received by the Department to fund re-
gional facilities for youth with special problems total more than
$ 1 0.000,000 in the same aggregate year, the Director shall appoint an ad-
visory committee to recommend which applications shall be funded. The
advisory committee shall be composed of one county supervisor, one
county administrator and three county chief probation officers from the
counties which do not apply for such funds.
(b) The advisory committee shall apply the following factors in mak-
ing their recommendations;
( 1 ) Greatest documented need
(2) Broad geographical distribution of projects
(3) Number of youth to be served
(4) Potential impact on commitments to the Youth Authority
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a) and 4497.26, Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Article 5. Administration of Funds
§ 4227. Costs That May and May Not Be Funded.
(a) Costs eligible for state funding shall include the following:
(1) Construction of new buildings.
(2) Alterations or improvements to existing structures.
(3) Permits and licenses.
(4) Insurance during construction.
(5) Equipment and fixtures attached to and forming a permanent part
of the structure.
(6) Landscaping.
(7) Pipelines, wells, paving, sewers, drains and fences.
(b) Costs not eligible for state funding shall include the following;
(1) Architectural drawings, specifications and value engineering. This
includes preliminary plans (schematic drawings), plans at intermediate
stages, models, final working drawings, specifications and engineering.
(2) Interest on bonds or other forms of indebtedness.
(3) County administrative costs.
(4) County costs associated with application development and com-
pletion of needs assessment.
(5) County costs associated with audits.
(c) The Directory may approve additional costs for funding that are di-
rectly attributable to actual construction. Costs for planning and develop-
ment of the project shall not be eligible for state funding.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operadve 8-22-90 (Register 90, No. 38).
§4227.1. Contract,
There shall be a contract between the department and the county that
includes a description of the project, the number of working days for
completion, and the amount of the contract.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), 4497.34(b) and 4497.36, Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.2. Disbursement of Funds.
Upon approval of the county's application by the Department and ex-
ecution of a contract, funds shall be disbursed in accordance with a
schedule established by the Department.
(a) Requests for fund payments shall include such supporting docu-
mentation as may be required by the Department and, in the event of defi-
ciencies in the request, the county shall be notified by the Department of
the deficiencies,
(b) Fund payments shall be made in arrears during construction.
NOTE: Authority cited: SecUon 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1 . New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.3. Project Modifications.
Project modification that are proposed after a contract has been signed
which alter the scope, design, location, size, capacity of the project, or
quality of major items of equipment, or increase the amount of state funds
to complete the project, shall have prior written approval by the Depart-
ment.
NOTE: Authority cited: Secdon 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1 . New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.4. Accounting.
All funds received by the county shall be deposited into separate ac-
counts which identify the funds and clearly show the manner of their dis-
position. Supporting records shall be maintained by the county in suffi-
cient detail to demonstrate that the funds were used for the purposes for
which they were awarded and in accordance with the provisions of the
contract.
NOTE: Authority cited: Secfion 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(3), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.5. Monitoring.
The Department shall monitor the county's administration to funds to
assure that the project is carried out in accordance with the approved
application, contract, these regulations, and the statutes.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.6. Completion of Project.
The county shall proceed expeditiously, and complete the project in
accordance with the application and contract approved by the Depart-
ment. If the county does not proceed expeditiously with the project as
agreed in the contract, the Department shall give written notice of failure
to comply with terms of the contract and may terminate the contract.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§ 4227.7. Edit Financial Statement.
Each county shall render an acceptable final accounting to the Depart-
ment not later than one hundred and twenty (120) days following com-
pletion of the project or later, as may be authorized by the Department.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
§4227.8. Audits.
(a) The county shall conduct an impartial audit of the project and sub-
mit a final audit report to the Department within one hundred eighty ( 1 80)
days following substantial completion or occupancy of the project or lat-
er, as may be authorized by the Department.
(b) The State of California reserves the right to audit accounting re-
cords of participating counties relating to the administration of the Act.
For audit purposes, the county shall provide access to the facility, prem-
ises and records related to any project funded under the Act. This shall
extend to the grantee's contractors, including personnel services con-
tracts. The county shall provide reasonable assurance of having a system-
Page 212
Register 98, No. 9; 2-27-98
Title 15
Department of the Youth Authority
§4255
atic method to afford timely and appropriate resolution of audit findings
and recommendations.
(c) Any improper expenditure of state funds disclosed in such audits
shall be recovered by the Department through withholding future pay-
ments and/or repayment by the county at the discretion of the Depart-
ment.
NOTi:; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
I. New .section filed 7-2.V90; operative 8-22-90 (Register 90, No. 38).
Article 6. Appeal of Decisions
§ 4228. Appeal Procedure.
A county may appeal Department decisions made with respect to the
Act using the procedures set forth in Title 15, sections 4200, 4201 and
4202 of the California Code of Regulations.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 4497.20(a), Penal Code.
History
1. New section filed 7-23-90; operative 8-22-90 (Register 90, No. 38).
Subchapter 2. Youth Service Bureaus
Article 1. Definitions
§ 4230. Youth Service Bureau.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1900 and 1901, Welfare and Institutions Code.
History
1. Redesignation of Chapter 2 (Sections 4100-133) to Chapter 2, Subchapter 2
(Sections 4230-4263) filed 7-21-78 as procedural and organizational; effec-
tive upon filing (Register 78, No. 29).
2. Renumbering from Section 4100 filed 7-21-78 as procedural and organization-
al; effecdve upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
4. Repealer of article 1 (sections 4230-4233) and section filed 3-25-97; operative
4-24-97 (Register 97, No. 13).
§4231. Fiscal Year.
History
1 . Renumbering from Section 4101 filed 7-21-78 as procedural and organizafion-
al; effecdve upon filing (Register 78, No. 29).
2. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 35).
§ 4232. Bureau.
History
1 . Renumbering from Section 4102 filed 7-21-78 as procedural and organizafion-
al; effective upon filing (Register 78, No. 29).
2. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
1 1349.7(.j) (Register 82, No. 35).
§ 4233. Contracting Organization.
NOTE: Authority cited: Sections 1712 and 1902, Welfare and Insdtutions Code.
Reference: Seedon 1900 and 1901, Welfare and Insdtudons Code.
History
1 . New seedon filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 2. Operations Standards
§ 4250. Legal Entity.
NOTE: Authority cited: Sections 1712 and 1902, Welfare and Insdtudons Code.
Reference: Secdons 1900 and 1901, Welfare and Insdtudons Code.
History
1 . Renumbering from Seedon 4 1 20 filed 7-2 1 -78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
2. Repealer filed 1-21-87; effecdve thirtieth day thereafter (Register 87, No. 4).
§4251. Administration.
Note: Authority cited: Sections 1712 and 1902, Welfare and Institutions Code.
Reference: Secdons 1900, 1901 and 1902, Welfare and Institutions Code.
History
1 . Renumbering from Seedon 4 1 2 1 filed 7-21-78 as procedural and organization-
al: effective upon fifing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97. No. 13).
§ 4252. Personnel.
NOTE; Authority cited: Secdons 1712 and 1902, Welfare and Institutions Code.
Reference: Secdons 1900, 1901 and 1902, Welfare and Institutions Code.
History
1. Amendment of subsecdon (a)(2) filed 5-5-76 as an emergency; designated ef-
fecdve 5-7-76. Cerdficate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4122 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4253. Citizens Advisory Board.
Each Bureau shall have a Citizens Advisory Board which shall be re-
sponsible to advise the Bureau in regard to overall policy and program
direction.
(a) The Citizens Advisory Board shall consist of at least seven ap-
pointed by the Bureau.
(b) The Citizens Advisory Board members shall include, but not be
limited to, representatives from juvenile justice, social service agencies,
law enforcement, education, youth, youth serving groups, and communi-
ty residents. At least one-half of the members shall be community resi-
dents. Members shall serve without compensation, but may be reim-
bursed for necessary expenses incurred in carrying out their duties.
(c) The Citizens Advisory Board shall be involved in developing the
Bureau's programs and policies, including, but not limited to, specific
youth development programs, guidelines for referrals to the Bureau, lim-
its on the authority of the Bureau in relation to agreements between the
Bureau, the child and his or her parents, and the referring agency, and
safeguards in regard to the child's rights to due process.
NOTE: Authority cited: Secdons 1712 and 1902, Welfare and Institutions Code.
Reference: Sections 1900 and 1902, Welfare and Institutions Code.
History
1. Amendment of subsecdon (b) filed 5-5-76 as an emergency; designated effec-
dve 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Seedon 4123 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
§ 4254. Facility.
NOTE: Authority cited: Secdons 1712 and 1902, Welfai'e and Institutions Code.
Reference: Secdons 1900 and 1902, Welfare and Institutions Code.
History
1. Amendment filed 5-5-76 as an emergency; designated effective 5-7-76. Cer-
dficate of Compliance included (Register 76, No. 19).
2. Renumbering from Seedon 4124 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
4. Repealer filed 3-25-97; operadve 4-24-97 (Register 97, No. 13).
§ 4255. Services and Programs.
NOTE: Authority cited: Sections 1712, 1901 and 1902, Welfare and Institutions
Code. Reference: Secdons 1900-1902. Welfare and Institutions Code.
History
1 . Amendment of (b)(2)(E) and new (b)(4)(C) filed 5-5-76 as an emergency; des-
ignated effecdve 5-7-76. Certificate of Compliance included (Register 76, No.
19).
Page 213
Register 97, No. 13; 3-28-97
§ 4255.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Renumbering from Section 4125 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effective ihiilieth day thereafter (Register 86. No.
46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4255.5. Contract Modification.
NOTE: Authority cited: Sections 1712 and 1902, Welfare and Institutions Code.
Reference: Sections 1900-1902, Welfaie and Institutions Code.
History
1 . New section filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97. No. 13).
§ 4256. Evaluation and Records.
NOTE; Authority cited: Sections 1712, 1901, 1902 and 1905, Welfare and Institu-
tions Code. Reference: Sections 1900-1902, Welfare and Institutions Code.
History
1 . Renumbering from Section 4126 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4257. Application for Funding.
NOTE: Authority cited: Sections 1712, 1901, 1902 and 1903, Welfare and Insfitu-
tions Code. Reference: Sections 1900-1903, Welfare and Insfitutions Code.
History
1 . Renumbering from Secdon 4127 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4258. Application Criteria for Youth Service Bureaus.
NOTE: Authority cited: Sections 1712, 1901, 1902 and 1903, Welfare and Institu-
tions Code. Reference: Sections 1900-1903, Welfare and Institutions Code.
History
1. Amendment of subsection (c) filed 5-5-76 as an emergency; designated effec-
five 5-7-76. Certificate of CompHance included (Register 76, No. 19).
2. Renumbering from Section 4128 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effecdve thirtieth day thereafter (Register 86, No.
46).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4259. Cost Sharing.
Froin funds made available to it, the Youth Authority shall share in the
cost of each Youth Service Bureau to which it has awarded funding pur-
suant to this subchapter at the rate of no more than 50% of the actual fiscal
year cost, or up to the maximum contracted amount, whichever is the
lesser.
NOTE; Authority cited: Sections 1712, 1902 and 1904, Welfare and Institufions
Code. Reference: Sections 1902, 1903 and 1904, Welfare and Institutions Code.
History
1 . Amendment of subsection (8) filed 5-5-76 as an emergency; designated effec-
tive 5-7-76. Certificate of Compliance included (Register 76, No. 19).
2. Renumbering from Section 4129 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
3. Amendment filed 1 1-12-86; effecdve thirtieth day thereafter (Register 86, No.
46).
§ 4260. Procedures for Payment of Funds.
(a) The Department of the Youth Authority shall notify applicants
whether or not their Bureau has been selected to receive funding by the
state. Any questions by the Department of the Youth Authority concern-
ing application shall be made to the person designated to receive funds
and coordinate planning for the Bureau. However, until the Budget Act
has been passed by the Legislature and signed by the Governor, or funds
are otherwise made available, the Department of the Youth Authority
cannot guarantee the availability of funds for Youth Service Bureaus.
(b) A contract between the Youth Authority and the governing body
of the Youth Service Bureau shall be required upon approval of the pro-
posal by the Youth Authority.
(c) The Youth Authority shall be notified of the final budget approved
by the Youth Service Bureau governing body.
(d) Payments to funded Youth Service Bureaus shall be in accordance
with Section 4443 of these regulations. When funds are available the fol-
lowing shall apply:
( 1 ) Financial statements shall contain a record of both the expenditures
utilizing state money and the expenditures from other sources used as
match. Funds shall be used or encumbered within the fiscal year in which
the grant is awarded. Unused or unencumbered funds, at the end of this
period, shall be returned to the state.
NOTE: Authority cited: Sections 1712, 1902, 1903 and 1904, Welfare and Insdtu-
dons Code. Reference: Secdons 1902, 1903 and 1904, Welfare and Insdtutions
Code.
History
1 . Renumbering from Section 4130 filed 7-21-78 as procedural and organization-
al; effecdve upon filing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
§ 4261 . Auditing of Records.
The state reserves the right to audit accounting records of contracting
organizations pertaining to claims made for sharing of costs pursuant to
Section 4259 for Youth Service Bureau. Any errors disclosed in such au-
dits shall be recovered by the state through deductions from future claims
submitted by the Youth Service Bureau. If the program has been com-
pleted at the time of the post audit, the applicant shall be required to re-
fund to the Department of the Youth Authority amounts determined to
be owed to the Youth Authority as a result of the audit.
(a) Any appeal resulting from disputed audits shall be submitted in ac-
cordance with Subchapter 1 , Article 1 , Section 4202.
NOTE; Authority cited: Secdons 1712 and 1902-1904, Welfare and Insdtudons
Code. Reference: Secdons 1902-1904, Welfare and Institutions Code.
History
1. Renumbering from Secdon 4131 filed 7-21-78 as procedural and organizadon-
al; effective upon filing (Register 78, No. 29).
2. Amendment filed 1 1-1 2-86; effecdve thirtieth day thereafter (Register 86, No.
46).
§ 4262. Youth Service Bureau Inspection and Evaluation.
(a) Evaluation of each Youth Service Bureau shall be performed by the
Youth Authority at least once a year. Any duly authorized representadve
of the Department of the Youth Authority may, upon proper identifica-
tion, inspect a Youth Service Bureau at any time, with or without advance
notice. Provisions shall be made for private interviews with Bureau par-
ticipants and staff members, and for examination of all records relating
to the operation of the Bureau. The purpose of these evaluations shall be
to verify that the Bureau is operating in accordance with its contract, with
these regulations, and with law, and to evaluate the effectiveness of the
Bureau in achieving the goals of the Youth Service Bureau Act.
(b) If, after inspection and evaluation, the Department of the Youth
Authority finds that a Bureau receiving funds pursuant to this subchapter
is not being operated in accordance with its contract, or with these regula-
tions and with the law, the Department shall give notice of its findings to
the Bureau director and to the contracting organization and unless defi-
ciencies are corrected, commencing 60 days thereafter state funds for the
maintenance and operation of the Youth Service Bureau may be discon-
tinued at the discretion of the Director of the Youth Authority.
(c) If given notice that funding is in jeopardy, a Bureau may, within
30 days, correct deficiencies and call for a reinspection, which shall be
scheduled within 30 days of said request. Also, each funded Bureau shall
have the right, without prejudice, to bring to the attention of the Depart-
ment of the Youth Authority any alleged misapplication or capricious en-
forcement of regulations by any departmental representative, or any sub-
stantial difference of opinion, as may occur between the Bureau and any
departmental representative concerning the proper application of these
standards and related regulations.
Page 214
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§4279
NOTFl; Authority cited: Section 1712, 1902 and 1905, Welfare and Institutions
Code. Reference: Section 1905, Welfare and Institutions Code.
History
1 . Renumbering from Section 41 32 filed 7-2 1-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
46).
§ 4263. Renewal.
NOTt-:: Authority cited: Sections 1712. 1902. 1903 and 1904, Welfare and Institu-
tions Code. Reference: Section 1903. Welfare and Institutions Code.
History
1 . Renumbering from Section 41 33 filed 7-21-78 as procedural and organization-
al; effective upon filing (Register 78, No. 29).
2. Amendment filed 1 1-12-86; effective thirtieth day thereafter (Register 86, No.
26).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Subchapter 3. Minimum Standards for
Juvenile Halls
Article 1. Definitions
§ 4266. Juvenile Hall.
NOTE: Authority cited: Section 210, Welfare and Institutions Code. Reference:
Sections 209. 210 and 872, Welfare and Institutions Code.
History
1. New subchapter 3 (sections 4266^310, not consecutive) filed 9-8-78; effec-
tive thirtieth day thereafter (Register 78, No. 36).
2. Change without regulatory effect amending secfion filed 1 1-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
3. Change without regulatory effect repealing subchapter 3 (articles I-l I , sections
4266-4315.5). article 1 (sections 4266-4269) and secfion filed 7-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
27).
§ 4267. Maximum Capacity.
NOTE: Authority cited: Sections 210 and 1712. Welfare and Institufions Code.
Reference: Sections 210 and 852, Welfare and Institufions Code.
History
1 . Change without regulatory effect amending section and adopting Note filed
11-21-91 pursuant to section 1 00, title 1 , California Code of Regulations (Reg-
ister 92, No. 8).
2. Amendment of secfion and Note filed 5-19-94; operative 6-20-94 (Register
94, No. 20).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
§ 4268. Clear Space.
History
1 . Change without regulatory effect amending secfion filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulafions (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fide 1. California Code of Regulations (Register 96, No. 27).
§ 4269. Child Supervision Staff Member.
History
1. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
section 100, fifie 1. California Code of Regulations (Register 96, No. 27).
Article 2. Building and Grounds
§ 4271 . Construction and Remodeling.
History
1 . Change without regulatory effect amending subsecfion (a) filed 1 1-21-91 pur-
suant to section 100, title 1. California Code of Regulations (Register 92, No.
8).
2. Change without regulatory effect repealing article 2 (sections 4271-^276) and
section filed 7-2-96 pursuant to secfion 1 00, title 1 , California Code of Regula-
fions (Register 96, No. 27).
§ 4272. Space Requirements.
History
1. Change without regulatory effect amending subsections (i)-(m) and (o)(2)(C)
filed 11-21-91 pursuant to section 100, title 1, California Code of Regulations
(Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, thle 1. California Code of Regulations (Register 96. No. 27).
§ 4273. Maximum Capacity.
NOTE: Authority cited: Secfions 210 and 1712, Welfare and Institutions Code.
Reference: Sections 209, 210 and 852, Welfare and Insfitutions Code.
History
1. Change without regulatory effect amending section and adopting Note filed
1 1-21-91 pursuant to secfion 100. fifie 1 , California Code of Reculations (Reg-
ister 92, No. 8).
2. Amendment of secfion and Note filed 5-19-94; operative 6-20-94 (Register
94, No. 20).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, tifie 1, California Code of Regulations (Register 96, No. 27).
§ 4274. Emergency Provision.
NOTE: Authority cited: Secfions 210 and 1712, Welfare and Insfitutions Code.
Reference: Sections 209, 210 and 852, Welfare and Institutions Code.
History
1. Amendment filed 7-12-83; effecfive thirtieth day thereafter (Resister 83, No.
29).
2. Amendment of secfion and Note filed 5-19-94; operative 6-20-94 (Register
94, No. 20).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, tifie 1, California Code of Regulations (Register 96, No. 27).
§ 4275. County Inspection and Evaluation of Building and
Grounds.
NOTE: Authority cited: Sections 210 and 1712, Welfare and Insfitutions Code.
Reference: Sections 209. 210 and 852, Welfare and Institutions Code.
History
1 . Amendment and new Note filed 5-19-94; operafive 6-20-94 (Register 94, No.
20).
2. Change without regulatory effect repeahng secfion filed 7-2-96 pursuant to
secfion 100, fide 1. Cahfomia Code of Regulafions (Register 96, No. 27).
§ 4276. Existing Juvenile Halls.
NOTE: Authority cited: Secfions 210 and 1712, Welfare and Institutions Code.
Reference: Sections 209, 210 and 852, Welfare and Institutions Code.
History
1 . Amendment and new Note filed 5-1 9-94; operative 6-20-94 (Register 94. No.
20).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, fifie 1. California Code of Regulafions (Register 96. No. 27).
Article 3. Administration
§ 4277. Establishment and Control.
NOTE: Authority cited: Sections 850, 851 and 852. Welfare and Institutions Code.
History
1. Change without regulatory effect adopting Note filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulafions (Register 92, No. 8).
2. Change without regulatory effect repealing article 3 (sections 4277 — 4278) and
section filed 7-2-96 pursuant to section 100, fitle 1 , California Code of Regula-
fions (Register 96, No. 27).
§ 4278. Plan of Operation.
History
1. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
Article 4. Personnel
§ 4279. Personnel Management.
NOTE: Reference: Section 854 Welfare and Institutions Code.
History
1. Change without regulatory effect adopfing NoTi: filed 11-21-91 pursuant to
section 100. title 1. Cahfomia Code of Regulafions (Regi.ster 92. No. 8).
Page 215
Register 97, No. 13; 3-28-97
§4280
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Change without regulatory effect repeahng article 4 (sections 4279^281) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4280. Staff Training.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96. No. 27).
§ 4281 . Staff Qualifications.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100. title 1, "California Code of Regulations (Register 96, No. 27).
Article 5. Admission and Release of Minors
§ 4282. Intake and Admission Policy and Procedures.
History
1 . Change without regulatory effect repealing article 5 (sections 4282-4284) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4283. Admittance Procedures.
History
1 . Change without regulatoi7 effect repealing section filed 7-2-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 27).
§ 4284. Release Procedures.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 27).
Article 6. Programs and Activities
§ 4285. School Program.
NOTE: Reference: Section 856, Welfare and Institutions Code.
History
1. Change without regulatory effect adopfing Note filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 6 (sections 4285-4291) and
section filed 7-2-96 pursuant to section 100, title 1 , California Code of Regula-
tions (Register 96, No. 27).
§ 4286. Recreation and Exercise Program.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4287. Religious Program.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4288. Work Program.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4289. Visiting.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4290. Correspondence.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4291 . Counseling and Casework Services.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 7. Behavior Control
§ 4294. Classification.
History
1. Change without regulatory effect repealing article 7 (sections 4294-4298) and
section filed 7-2-96 pursuant to section 100, title 1. California Code of Regula-
tions (Register 96, No. 27).
§ 4295. Discipline.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4296. Grievance Procedure.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4297. Prior Knowledge of Rules.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Reguladons (Register 96, No. 27).
§ 4298. Temporary Lockup.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 8. Health and Welfare
§ 4300. Medical and Dental Services.
History
1 . Change without regulatory effect repealing article 8 (secfions 4300-4304) and
section filed 7-2-96 pursuant to section 1 00, fitle 1 , California Code of Regula-
dons (Register 96, No. 27).
§ 4301. Food and Nutrition.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 27).
§ 4302. Clothing, Bedding and Laundry Services.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4303. Personal Hygiene.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, CaUfomia Code of Regulations (Register 96, No. 27).
§ 4304. Access to Legal Services.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 9. Reports, Statistics and
Evaluation
§ 4305. Security.
NOTE: Authority cited: Secdons 210 and 1712, Welfare and Institutions Code.
Reference: Secfions 209, 210 and 853, Welfare and Institutions Code.
History
1 . Amendment and new Note filed 5-19-94; operative 6-20-94 (Register 94, No.
20).
2. Change without regulatory effect repealing article 9 (secfions 4305-4310) and
section filed 7-2-96 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 96, No. 27).
Page 216
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§ 4317
§ 4306. Reporting of Juvenile Hall Population.
History
1 . Change without regulatory effect repeahng section filed 7-2-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 27).
§ 4307. Reporting of Legal Actions.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title l,"Califomia Code of Regulations (Register 96, No. 27).
§ 4308. Report of Death of a Minor While Detained.
NOTE: Authority cited: Sections 210 and 1712, Welfare and Institutions Code.
Reference: Sections 209 and 210, Welfare and Institutions Code.
History
1 . Amendment and new NoTi-: filed 5-19-94; operative 6-20-94 (Register 94, No.
20).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4309. Annual Evaluation.
NOTE: Authority cited: Sections 209, 210. 872, 1712 and 1752.7, Welfare and In-
sfitudons Code. Reference: Sections 209 and 210, Welfare and Institutions Code.
History
1. Amendment filed 7-12-83; effective thirtieth day thereafter (Register 83, No.
29).
2. Repealer and amendment of Note filed 5-19-94; operative 6-20-94 (Register
94, No. 20).
§4310. Appeal.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 10.
Detention of Status Offenders in
Juvenile Halls
§4311. Definitions.
NOTE: Authority cited: Sections 207, 210, 1711.2 and 1751, Welfare and Institu-
fions Code. Reference: Section 207, Welfare and Institutions Code.
History
1. New Article 10 (Sections 431 1^315) filed 11-15-78 as an emergency; effec-
tive upon fiUng (Register 78, No. 46).
2. Certificate of Comphanee filed 3-13-79 (Register 79, No. 1 1).
3. Change without regulatory effect repealing article 10 (sections 431 1-4315) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 431 2. Reasons for the Detention.
NOTE: Authority cited: Sections 207, 2 1 0, 1 7 1 1 .2 and 1 75 1 , Welfare and Insdtu-
tions Code. Reference: Section 207, Welfare and Institutions Code.
History
1. Repealer filed 9-9-88; operative 10-9-88 (Register 88, No. 38).
§4313. Separation.
NOTE: Authority cited: Sections 210 and 1712, Welfare and Institutions Code.
Reference: Sections 207 and 209, Welfare and Institutions Code.
History
1. Amendment of first paragraph filed 9-9-88; operaUve 10-9-88 (Register 88,
No. 38).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4314. Admission and Holding Areas.
NOTE: Authority cited: Sections 207 and 210, Welfare and Institutions Code. Ref-
erence: Section 207, Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing last sentence and amending Note
filed ] 1-2 1-9 J pursuant to section 100, title 1, California Code of Regulations
(Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100. title 1, California Code of Regulations (Register 96, No. 27).
§ 4315. Other Provisions and Exceptions.
NOTE: Authority cited: Sections 207, 2 1 0, 1 7 1 1 .2 and 1 75 1 , Welfare and Institu-
tions Code. Reference: Section 207, Welfare and Institutions Code.
History
1 . Editorial coiTection of piinting error restoring inadvertently deleted subsections
(a)(5)-(b)(4) (Register 94, No. 21).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1, Cahfomia Code of Regulations (Register 96, No. 27).
Article 11. Special Purpose Juvenile Halls
§4315.1. Definition.
NOTE: Authority cited: Sections 207.1(h) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(h), Welfare and Institutions Code.
History
1. New section filed 07-29-91; operative 08-28-91 (Register 91, No. 47).
2. Change without regulatory effect repeahng article 11 (sections4315. 1-4315. 5)
and section filed 7-2-96 pursuant to section 1 00, title 1 , California Code of Reg-
ulations (Register 96, No. 27).
§4315.3. Exceptions.
Note: Authority cited: Sections 207.1(h) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(h), Welfare and Institutions Code.
History
1. New secfion filed 07-29-91; operafive 08-28-91 (Register 91, No. 47).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4315.4. Multipurpose Space or Room.
NOTE; Authority cited: Sections 207.1(h) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(h), Welfare and Institutions Code.
History
1. New secfion filed 07-29-91; operafive 08-28-91 (Register 91, No. 47).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, title 1, California Code of Regulafions (Register 96, No. 27).
§ 4315.5. Food Service Procedures.
NOTE; Authority cited: Secfions 207.1(h) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(h), Welfare and Institutions Code.
History
1. New secfion filed 07-29-91; operaUve 08-28-91 (Register 91, No. 47).
2. Change without regulatory effect repeahng section filed 7-2-96 pursuant to
secfion 100, tide 1, California Code of Regulafions (Register 96, No. 27).
Subchapter 4. Minimum Standards for
Juvenile Homes, Ranches, Camps, or
Forestry Camps
Article 1. Definitions
§4316. Camp.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Secfion 881, Welfare and Insfitufions Code.
History
1 . New subchapter 4, sections 4316 through 4362 (not consecutive) filed 5-3 1 -79;
effective 30 days thereafter (Register 79, No. 22).
2. Change without regulatory effect amending secfion tiled 1 1-21-91 pursuant to
section 100, title 1, California Code of Regulafions (Register 92, No. 8).
3. Change without regulatory effect repealing subchapter 4 (articles 1-9, section
4316-4364), article 1 (sections 4316-4317) and secfion filed 7-2-96 pursuant
to section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4317. Child Supervision Staff Member.
NOTE; Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amei\ding Noth filed 11-21-91 pursuant to
section 100, title 1, CaUfornia Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, tide 1, California Code of Regulations (Register 96, No. 27j.
Page 217
Register 97, No. 13; 3-28-97
§4322
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Article 2. Buildings and Grounds
§ 4322. Construction and Remodeling.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NoTi-; filed 11-21-91 pursuant to
sectio^n 100. title 1," California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 2 (sections 4322^326) and
section filed 7-2-96 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 96, No. 27).
§ 4323. Space Requirements.
NOTE: Authority cited: Section 885. Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending subsections (k)(l), (k)(2)(C), and
NoTi: filed 11-21-91 pursuant to section 100, title 1, California Code of Regula-
tions (Register 92, No. 8).
2. Change without regulatoi^ effect repealing section filed 7-2-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 27).
§ 4324. l\/laximum Capacity.
NOTE: Authority cited: Sections 885 and 886.5, Welfare and Institutions Code.
Reference: Sections 882, 885, 886 and 886.5, Welfare and Institutions Code.
History
1. Change without regulatory effect amending subsection (b) and Note filed
11-21-91 pursuant to section 100, title I, California Code of Regulations (Reg-
ister 92, No. 8).
2. Amendment of section and Note filed 5-10-94: operative 6-9-94 (Register 94,
No. 19).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4325. County Inspection and Evaluation of Buildings and
Grounds.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Amendment of opening paragraph and Note filed 5-10-94; operative 6-9-94
(Register 94, No. 19).
2. Editorial correcdon of History 1 (Register 94, No. 21).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4326. Existing Camp.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Sections 229, 882 and 885, Welfare and Institufions Code.
History
1 . Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, title I, California Code of Regulations (Register 92, No. 8).
2. Amendment of secdon and Note filed 5-10-94; operadve 6-9-94 (Register 94,
No. 19).
3. Change without regulatoi-y effect repealing section filed 7-2-96 pursuant to
section 100, dtle 1, California Code of Regulations (Register 96, No. 27).
History
1. Change without regulatory effect amending Noti-; filed 1 1-21-91 pursuant to
secdon 100, title 1, California Code of Reguladons (Register 92. No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, dtle 1, California Code of Reguladons (Register 96, No. 27).
Article 3. Administration
§ 4328. Establishment and Control.
NOTE: Authority cited: Section 885, Welfare and Institudons Code. Reference:
Sections 881, 882 and 885, Welfare and Insdtutions Code.
History
1. Change without regulatory effect amending NOTE filed 1 1-21-91 pursuant to
section 100, dtle 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 3 (sections 4328-4329) and
section filed 7-2-96 pursuant to section 1 00, dde 1 , California Code of Regula-
dons (Register 96, No. 27).
§ 4329. Plan of Operation.
NOTE: Authority cited: Secdon 885, Welfare and Institudons Code. Reference:
Secdon 885, Welfai^e and Institudons Code.
Article 4. Personnel
§ 4331 . Personnel Management.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1 . Change without regulatory effect amending Note; filed 1 1-21-91 pursuant to
section 100. title I, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 4 (sections 433 1-4333) and
section filed 7-2-96 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 96, No. 27).
§ 4332. Staff Qualifications.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Insdtutions Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing secdon filed 7-2-96 pursuant to
section 100, title 1, California Code of Reguladons (Register 96, No. 27).
§ 4333. Staff Training.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Secdon 885, Welfare and Insdtudons Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
secdon 100, dtle 1, Cahfornia Code of Reguladons (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, tide 1, California Code of Reguladons (Register 96, No. 27).
Article 5. Admission and Release
§ 4335. Commitments.
NOTE; Authority cited: Section 885, Welfare and Institutions Code. Reference:
Secdon 730, Welfare and Insdtudons Code.
History
1. Change without regulatory effect amending Note filed 1 1-21-91 pursuant to
secdon 100, dtle 1, California Code of Reguladons (Register 92, No. 8).
2. Change without regulatory effect repealing article 5 (sections 4335-4339) and
secdon filed 7-2-96 pursuant to section 1 00, tide 1 , Cahfornia Code of Regula-
dons (Register 96, No. 27).
§ 4336. Admission Criteria.
NOTE: Authority cited: Secdon 885. Welfare and Institutions Code. Reference:
Secdon 885, Welfare and Insdtudons Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
secdon 100, tide 1, California Code of Reguladons (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, tide 1, California Code of Reguladons (Register 96, No. 27).
§ 4337. Admittance Procedure.
NOTE: Authority cited: Secdon 885, Welfare and Institutions Code. Reference:
Secdon 885, Welfare and Insdtudons Code.
History
1 . Change without regulatory effect amending Note filed 1 1-21-91 pursuant to
secdon 100, dde 1, Cahfornia Code of Reguladons (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, title 1, Cahfornia Code of Reguladons (Register 96, No. 27).
§ 4338. Individual Assessment and Plan.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Secdon 885, Welfare and Insdtudons Code.
History
1 . Change without regulatory effect amending Note filed 1 1-21-91 pursuant to
secdon 100, tide 1, Cahfornia Code of Reguladons (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Reguladons (Register 96, No. 27).
Page 218
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§4358
§ 4339. Release.
NOTi;: Authorily cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NoTi; filed 1 1-21-91 pursuant to
section 100, title 1 rCalifomia Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 1 00, title 1 ,^California Code of Regulations (Register 96, No. 27).
Article 6. Program and Activities
§ 4348. Correspondence.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and InstituUons Code.
History
1. Change without regulatory effect amending Noth filed 11-21-91 pursuant to
section 100, title I, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title I, California Code of Regulations (Reeister 96, No. 27).
Article 7. Behavior Control
§ 4341 . Program Statement.
NOTI-; Authority cited: Section 885. Welfare and Institutions Code. Reference:
Sections 202, 880 and 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NOTii filed 11-21-91 pursuant to
section 100, title 1, California Code of Reg'ulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 6 (sections 4341^348) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4342. Counseling and Casework Services.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NoTii filed 11-21-91 pursuant to
secfion 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4343. Work Program.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, title I, California Code of Regulations (Register 96, No. 27).
§ 4344. School Program.
NOTE: Authority cited: Secfion 885, Welfare and Institufions Code. Reference:
Sections 856 and 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
secfion 100, fitle 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4345. Religious Program.
Note: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NOTE filed 1 1-21-91 pursuant to
section 100, titie 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie 1, California Code of Regulations (Register 96, No. 27).
§ 4346. Recreation and Exercise Program.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, titie 1 , California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie 1, California Code of Regulations (Register 96, No. 27).
§ 4347. Visiting.
Note: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1 . Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie 1, California Code of Regulations (Register 96, No. 27).
§ 4350. Discipline.
NOTE; Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending NoTii filed 1 1-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 7 (sections 4350-435 1 ) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4351 . Grievance Procedure.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 11-21-91 pursuant to
section 100, title I, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96, No. 27).
Article 8. Health and Welfare
§ 4353. Medical and Dental Services.
NotE: Authority cited: Section 885. Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 1 1-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing article 8 (sections 4353-4356) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4354. Food and Nutrition.
NotE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending subsection (e) and NoTi-; filed
11-21-91 pursuant to section 100, title l.Cafifomia Code of Regulations (Reg-
ister 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie I, California Code of Regulations (Register 96, No. 27).
§ 4355. Clothing, Bedding and Laundry Services.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie 1, California Code of Regulations (Register 96, No. 27).
§ 4356. Personal Hygiene.
NOTE; Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulatory effect amending Note filed 1 1-21-91 pursuant to
section 100, titie I, California Code of Regulations (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, titie 1, California Code of Regulations (Register 96, No. 27).
Article 9.
Reports, Statistics and
Evaluation
§ 4358. Monthly Population.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Sections 885, 886 and 1752.7, Welfare and Institutions Code.
Page 219
Register 97, No. 13; 3-28-97
§4359
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1. Change without regulatory effect amending NoTi-: filed 1 1-21-91 pursuant to
section 100, title iTCalifoniia Code of Reg\iIations (Register 92, No. 8).
2. Change without regulatory effect repealing article 9 (sections 4358-4363) and
section filed 7-2-96 pursuant to section 100, title 1 , California Code of Regula-
tions (Resister 96, No. 27).
§ 4359. Legal Actions.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Sections 885 and 1752.7, Welfaie and Institutions Code.
History
1. Change without regulatoi^ effect amending Nfm-; filed 11-21-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 8).
2. Amendment of section heading, text and Note filed 5-10-94: operative 6-9-94
(Register94, No. 19).
3. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulafions (Register 96, No. 27).
§ 4360. Report of Death of a Minor While Detained.
NOTE: Authority cited: Section 885, Welfare and Institutions Code. Reference:
Section 885, Welfare and Institutions Code.
History
1. Change without regulator effect amending Note filed 11-21-91 pursuant to
section 100, title 1. California Code of Regulafions (Register 92, No. 8).
2. Amendment filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
3. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Reaister 96, No. 27).
§4361. Annual Certification.
NOTE: Authority cited: Secfions 885 and 1752.7, Welfare and Insfitufions Code.
Reference: Secfions 885 and 1752.7, Welfare and Institutions Code.
History
1. Repealer and new section filed 5-10-94; operafive 6-9-94 (Register 94, No.
19). For prior history, see Register 92, No. 8.
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1 , California Code of Regulations (Register 96, No. 27).
§ 4362. Appeal.
History
1. Change without regulatory effect amending secfion and repealing Note filed
11-21-91 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 92, No. 8).
2. Repealer filed 5-10-94; operafive 6-9-94 (Register 94, No. 19).
§ 4363. Camp Capacity Decrease.
NOTE: Authority cited: Sections 881.5, 885 and 1752.7, Welfare and Insfitufions
Code. Reference: Section 881.5, Welfare and Insfitufions Code.
History
1. New secfion filed 5-10-94; operative 6-9-94 (Register 94, No. 19).
2. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
Subchapter 4.5. County Contributions to
Department of Youth Authority: Reduced
County Camps Capacity and Increased
Commitments
Article 1. General Provisions
§4364.10. Purpose.
This Subchapter implements and makes specific Section 881.5, Wel-
fare and Instimtions Code as it relates to:
(a) Reductions in capacity of juvenile homes, ranches, camps, or for-
estry camps established pursuant to Section 880, Welfare and Institutions
Code.
(b) Redirected payments to Department of the Youth Authority from
Sales Tax Account funds otherwise provided to a county pursuant to Sec-
tion 17602, Welfare and Institutions Code.
NOTE: Authority cited: Sections 881 .5, 885, 1 712(b) and 1752.7, Welfare and In-
stitutions Code. Reference: Secfions 880. 881 .5, 885, 886, 886.5, 888 and 17602,
Welfare and Institufions Code.
History
1. New subchapter 4.5, article 1 and section filed 6-10-94; operative 7-11-94
(Register 94, No. 23).
§4364.11. Definitions.
(a) "Cainp" means a juvenile home, ranch, camp, or forestry camp es-
tablished in accordance with Section 880, Welfare and Institutions Code,
to which minors made wards of the court on the grounds of fitting the de-
scription in Secfion 602, Welfare and Institutions Code may be com-
mitted.
(b) "Departinent" means the Department of the Youth Authority.
(c) "Capacity" means the county ' s total operating budgeted bed capac-
ity for camps. That capacity does not necessarily equal a "maximum ca-
pacity" or rated capacity derived from the minimum standards estab-
lished pursuant to Section 885, Welfare and Institutions Code.
(d) "Reduction in capacity" means an instance of reduced budgeted
bed capacity below that of June 30, 1991.
(e) "Commitments per 1 00,000" or "rate of commitments" means the
number of juvenile-court commitments to the Department per 100,000
of the county's juvenile populafion, aged 12 to 17 years, using fiscal year
population esUmates by the Department of Finance.
(f) "Redirection of funds" means that actual costs as calculated in Sec-
tion 4364.2 1 or Section 4364.22 shall be subtracted from the Controller's
monthly allocation to a county of funds otherwise provided from the So-
cial Services Sub account of the Sales Tax Account of the Local Revenue
Fund. The Controller shall instead allocate those actual costs as revenue
to the Department.
NOTE: Authority cited: Secfions 881.5. 885, 1712(b) and 1752.7, Welfare and In-
sfitufions Code. Reference: Secfions 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New secfion filed 6-10-94; operative 7-11-94 (Register 94, No. 23).
§4364.12. Scope.
This Subchapter implements the provisions of Section 881.5, Welfare
and Institutions Code, and applies to only those counties that operated
camps during the 1990-91 fiscal year. Those counties are:
Alameda
Colusa
Contra Costa
Del Norte
Fresno
Kern
Los Angeles
Orange
Placer
Riverside
Sacramento
San Bernardino
San Diego
San Francisco
San Mateo
Santa Barbara
Santa Clara
Solano
Sonoma
Ventura
NOTE: Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and In-
sfitufions Code. Reference: Secfions 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New section filed 6-10-94; operafive 7-1 1-94 (Register 94, No. 23).
§ 4364.13. Continuation of County Liability.
Once a county is determined to be subject to redirection of funds be-
cause of excess commitments pursuant to Section 4364.21 or Section
4364.22, the 1990-91 commitment-rale limit and other procedures of
Section 4364.21 or Secfion 4364.22 shall also be applied to each subse-
quent 12-month period following the month of capacity reduction.
NOTE: Authority cited: Sections 881.5, 885. 1712(b) and 1752.7, Welfare and In-
sfitufions Code. Reference: Secfions 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New section filed 6-10-94; operative 7-1 1-94 (Register 94, No. 23).
Page 220
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§ 4367.5
•
Article 2. Reduction of Social Services
Allocations
§ 4364.20. Use of Redirected Funds.
Funds reduced from Sales Tax Account county payments pursuant to
this Subchapter shall not be reallocated to any county and shall be redi-
rected to the Department.
Note-. Authority cited: Sections 881 .5, 885, 1712(b) and 1752.7, Welfare and In-
stitutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New article 2 and section filed 6-10-94; operative 7-1 1-94 (Register 94, No.
23).
§ 4364.21 . Procedure: Calculating Amount of Funds to be
Redirected.
The following procedure and calculations shall be used to determine
actual costs for the purpose of redirecting funds to the Department pur-
suant to this Subchapter.
(a) When a county reduces its budgeted bed capacity, the Department
shall calculate that county's commitment limit for the subsequent twelve
months. That limit shall be determined by applying the county's fiscal
year 1990-91 rate of commitments to its juvenile population estimate for
the twelve months following the month of reduction, using an estimate
as defined in Section 4364.1 1(e).
(b) For the subsequent twelve months after capacity reduction, each
person committed after reaching that county's commitment limit shall be
considered an excess commitment, subject to career-cost reimbursement
by the county through redirection of funds to the Department.
(c) That reimbursement shall include all career costs of each excess
case until each of those wards is discharged from Departmental jurisdic-
tion. For each excess case: ( I ) each day of that ward's institutional place-
ment shall be assessed a cost equal to the Department's average daily per
capita institutional cost for the last completed fiscal year; (2) each day of
that ward's parole placement shall be assessed a cost equal to the Depart-
ment's average daily per capita parole cost for the last completed fiscal
year; and (3) all time spent on that case, including the development and
assessment of records, by the Youthful Offender Parole Board shall be
assessed the actual cost of that time.
(d) If a county is determined to have any excess commitments subject
to reimbursement pursuant to Section 4364.21(b), the procedures and
calculations of this Section shall be repeated for every subsequent
12-month period.
(e) Prior to any redirection of funds based on this subchapter, the De-
partment shall provide to the county all applicable data, including com-
mitment and population data, and consult with the county concerning that
data.
NOTE: Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and In-
stitutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New section filed 6-10-94; operative 7-1 1-94 (Register 94, No. 23).
§ 4364.22. Camp Space Contracts Between Counties.
If reduction in a county's budgeted bed capacity occurs at least in part
because the county has provided camp space to another county pursuant
to contract, any redirection of funds described by this Article shall be the
actual cost to the Department of commitment-rate increases above the
fiscal year 1991-92 rate, if an increase occurs during the 12-month peri-
od following the month of reduction. If a county provides space to anoth-
er county by contract, and is subject to redirection of funds to the Depart-
ment under this subchapter, that county's charged costs shall be reduced
by a percentage amount equal to the percentage of its total bed capacity
which is provided to another county.
NOTE: Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and In-
stitutions Code. Reference: Sections 880, 881.5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New section filed 6-10-94; operative 7-1 1-94 (Register 94, No. 23).
Article 3. Performance Monitoring
§ 4364.30. Camps Capacity Monitoring.
(a) Each county listed in Section 4364.12 shall report to the Depart-
ment its fiscal year 1990-91 total budgeted bed capacity for camps, in-
cluding an accounting of the number of such beds provided to another
county by contract.
(b) Each county listed in Section 4364. 12 shall report to the Depart-
ment any reduction in any of its budgeted camp bed capacities within 10
days of such reduction. That report shall include each new budgeted bed
capacity, by camp, the dates of all changes, and the change in total bud-
geted camp bed capacity for the county.
NOTE: Authority cited: Sections 881.5, 885, 1712(b) and 1752.7, Welfare and In-
stitutions Code. Reference: Sections 880, 881 .5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New article 3 and section filed 6-10-94; operative 7-1 1-94 (Register 94, No.
23).
§ 4364.32. Audit of Records.
The Department reserves the right to audit a county's records pertain-
ing to bed capacity, and to related accounting, as applicable to this Sub-
chapter.
NOTE: Authority cited: SecUons 881.5, 885, 1712(b) and 1752.7, Welfare and In-
sfitutions Code. Reference: Sections 880, 881 .5, 885, 886, 886.5, 888 and 17602,
Welfare and Institutions Code.
History
1. New secfion filed 6-10-94; operative 7-1 1-94 (Register 94, No. 23).
Subchapter 5. County Justice System
Subvention Program
Article 1. Scope
§ 4366. Former Program and Chapter 288 Program.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Insfitutions Code.
Reference: Sections 1805-1812, Welfare and Institutions Code.
History
1. New Subchapter 5 (Sections 4366-4417, not consecutive) filed 7-21-78 as an
emergency; effective upon filing (Register 78, No. 29).
2. Certificate of Compliance filed 10-31-78 (Register 78, No. 44).
3. Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 86, No. 27).
4. Repealer of article 1 (section 4366) and section filed 3-25-97; operative
4-24-97 (Register 97, No. 13).
Article 2. Definitions
§ 4367. Capital Construction.
NOTE; Authority cited: Sections 1712 and 1812. Welfare and Institutions Code.
Reference: Section I8I2, Welfare and Institutions Code.
History
1. Repealer of former Section 4367 and renumbering and amendment of former
Section 4368 to Section 4367 filed 6-30-86; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer of article 2 (sections 4367-4369) and section filed 3-25-97; operative
4-24-97 (Register 97, No. 13).
§ 4367.5. Modified Base Commitment Rate.
Note: Authority cited: Sections 1712 and 1807, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institudons Code.
History
1 . New section filed 1 1-7-80 as an emergency; effective upon filing (Register 80,
No. 45). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 3-7-8 1 .
Page 221
Register 2004, No. 42; 10-15-2004
§4368
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Certificate of Compliance transmitted to OAL 3-5-81 and filed 4-6-81 (Regis-
ter 81. No. 15).
3. Repealer filed 6-30-86; effective upon filins pursuant to Government Code
Section 11 346.2(d) (Register 86, No. 27).
§ 4368. Encumbered Funds.
NOTH: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Renuinbering and amendment of former Section 4368 to Section 4367, and re-
numbering of former Section 4371 to Section 4368 filed 6-30-86; effective
upon filing pursuant to Government Code Section 1 1346.2(d) (Register 86, No.
27). For prior history, see Register 78, No. 44.
2. Repealer filed 3-25-97; operafive 4-24-97 (Register 97, No. 13).
§ 4369. Funding Year.
NOTF.: Authority cited; Sections 1712 and 1812, Welfare and Insdtutions Code.
Reference; Section 1809, Welfare and Institutions Code.
History
1. Repealer of former Section 4369 and renumbering of former Section 4372 to
Section 4369 filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 3. General Provisions
§ 4370. Programs Eligible for Subventions.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1811, Welfare and Insdtudons Code.
History
1 . Repealer of former Secfion 4370. and renumbering and amendment of former
Section 4380 to Secfion 4370 filed 6-30-86; effective upon filing pursuant to
Government Code Secfion 1 1 346.2(d) (Register 86. No. 27).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to secfion 100, fitle 1, California Code of Regulations (Register 2004, No. 42).
§ 4371 . Program Maintenance for Fiscal Year 1 982-83.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1811, Welfare and Institutions Code; and Chapter 326 Statutes
of 1982.
History
1. Renumbering of former Section 4371 to Section 4368 and new Section 4371
filed 6-30-86; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 86, No. 27). For prior history, see Register 78, No. 44.
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4372. Capital Construction.
History
1 . Renumbering of former Section 4372 to Section 4369, renumbering of former
Section 438 1 to Secfion 4372 and repealer of Section 4372 filed 6-30-86; effec-
tive upon filing pursuant to Government Code Section 1 1346.2(d) (Register 86,
No. 27).
Article 4. Administration
§ 4373. Modification of Programs.
NOTE: Authority cited: Sections 1 71 2 and 1812, Welfare and Institutions Code.
Reference: Section 1811, Welfare and Institutions Code; and Chapter 326, Stat-
utes of 1982.
History
1 . Repealer of former Section 4373, and renumbering and amendment of former
Section 4391 to Section 4373 filed 6-30-86; effective upon filing pursuant to
Government Code Section 11346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4374. Expenditure Time Limits, Liquidation and
Reporting.
NOTE; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1809 and 1811, Welfare and Institutions Code.
History
1 . Repealer of former Section 4374, and renumbering and amendment of former
Section 4394 to Section 4374 filed 6-30-86; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 86, No. 27).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4375. Records.
Note; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1806, 1809 and 1810, Welfare and Institutions Code.
History
1. Repealer of former Section 4375, and renumbering and amendment of former
Section 4396 to Section 4375 filed 6-30-86; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4376. Audit of Records.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institufions Code.
Reference: Sections 1812, Welfare and Institutions Code.
History
1 . Repealer of former Section 4376, and renumbering and amendment of former
Section 4397 to Section 4376 filed 6-30-86; effective upon filing pursuant to
Government Code Section 1 1346.2(d) (Register 86, No. 27).
2. Change without regulatory effect repealing secfion filed 10-13-2004 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2004, No. 42).
§ 4378. Appeal.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1. Renumbering and amendment of former Section 4410 to Section 4378 filed
6-30-86; effective upon filing pursuant to Government Code Section
11346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 5. Definitions
§ 4379. Capital Construction.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1806, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 11346.2 (d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4380. Department.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former Section 4380 to Section 4370 and new
Section 4380 filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4380.5. Maintenance of Effort for Delinquency
Prevention.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Chapter 99 (Statutes of 1981) 546-101-001, Item 7; and Section 1806, Welfare
and Institutions Code.
History
1 . New section fried 7-16-81 as an emergency; designated effective 8-1-81 (Reg-
ister 81, No. 30).
2. Order of Repeal of 7-16-81 order filed 7-24-81 by OAL pursuant to Govern-
ment Code Section 1 1349.6(Register 81, No. 30).
3. New section filed 2-23-82; effective thirtieth day thereafter (Register 82, No.
9).
4. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 86, No. 27).
§ 4381 . Eligible for Commitment.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1806, Welfare and Institutions Code.
History
1. Renumbering of former Section 4381 to Section 4372 and new Section 4381
filed 6-30-86; effective upon filing pursuant to Government Code Section
1 1346.2(d) (Register 86, No. 27). For prior history, see Register 82, No. 9.
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4382. Funding Year.
NOTE; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
Page 222
Register 2004, No. 42; 10-15-2004
Title 15
Department of the Youth Authority
§ 4394.5
•
•
History
1 . Repealer and new Section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27). For prior history, see
Register 82, No. 9.
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to seclion 100, title" 1, California Code of Regulations (Register 2004, No. 42).
§ 4383. High Risk of Becoming Eligible for Commitment.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1806, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4384. Income Earned.
NOTIi: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1809, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27). For prior history, see
Register 81, No. 15.)
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4385. Subsequent Year.
NOTH: Authority cited: Sections 1712 and 1812, Welfare and Institudons Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27). For prior history, see
Register 82, No. 9.
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4386. Extension of Deadlines.
History
1 . New section filed 7-16-81 as an emergency; desisnated effective 8-1-81 (Reg-
ister 81, No. 30).
2. Order of Repeal of 7-16-81 order filed 7-24-81 by OAL pursuant to Govern-
ment Code Secfion U 349.6 (Register 81, No. 30).
Article 6. General Provisions
§ 4387. Application for Funding.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1808, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 86, No. 27).
2. Repealer of article 6 (.sections 4387-4392) and section filed 3-25-97; operative
4-24-97 (Register 97, No. 13).
§ 4388. Rules of Operation of the County Justice System
Advisory Board.
History
1. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 86, No. 27). For prior history, see Register 78, No.
44.
§ 4389. Allocation Authority.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1806 and 1807, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4389.5. Public Hearings by the Board of Supervisors.
Note; Authority cited: Sections 1807, 1751, Welfare and Institutions Code. Ref-
erence: Sections 1806 and 1808, Welfare and Institutions Code.
History
1. New section filed 1 1-16-79 as an emergency; effective upon filing (Register
79, No. 46). A Certificate of Compliance must be filed within 120 days or emer-
gency language will be repealed on 3-16-80.
2. Certificate of Compliance filed 2-28-80 (Register 80, No. 9).
3. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
§ 4390. Records.
NOTE; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1806, 1809 and 1810, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27). For prior history, see
Register 80, No. 19.
2. Amendment filed 2-1-90; operative 3-3-90 (Register 90, No. 5).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4391 . Expenditure Reporting.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1809, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former Section 439 1 to Section 4373, and new
Secfion 439 1 filed 6-30-86; effective upon filing pursuant to Government Code
Secfion 1 1346.2(d) (Register 86, No. 27). For prior history, see Register 82, No.
9.
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4392. Contact with County.
NOTE; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1807 and 1811, Welfare and Institutions Code.
History
1. Repealer and new secfion filed 6-30-86; effecfive upon filing pursuant to Gov-
ernment Code Secdon 11346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 7. Performance
§ 4393. Notice to County.
NOTE; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Secfion 1810, Welfare and Institutions Code.
History
1. Repealer and new secdon filed 6-30-86; effecfive upon filing pursuant to Gov-
ernment Code Secdon 11346.2(d) (Register 86, No. 27).
2. Change without regulatory effect repealing secdon filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4394. Withholding Funds.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institudons Code.
Reference: Secdon 1810, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former Section 4394 to Section 4374, and new
Secdon 4394 filed 6-30-86; effective upon filing pursuant to Government Code
Secdon 1 1 346.2(d) (Register 86, No. 27). For prior history, see Register 82, No.
9.
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, dde 1, California Code of Regulations (Register 2004, No. 42).
§ 4394.5. Carryover of Unused Funds.
NOTE; Authority cited: Sections 1712 and 1807, Welfare and Institutions Code.
Reference: Sections 1806, 1808, 1814 and 1814.5, Welfare and Institudons Code.
History
1 . New section filed 6-28-79 as an emergency; effective upon filing (Register 79,
No. 26).
2. Certificate of Compliance including amendment filed 8-29-79 (Register 79,
No. 35.)
3. Amendment of subsecdon (d) filed 1-9-80 as an emergency; effective upon fil-
ing (Register 80, No. 2). A Certificate of Compliance must be filed within 120
days or emergency language will be repealed on 5-9-80.
4. Certificate of Compliance filed 5-9-80 (Register 80, No. 19).
5. Amendment filed 1 1-7-80 as an emergency; effective upon filing (Register 80,
No. 45). A Certificate of Compliance mu.st be transmitted to OAL within 120
days or emergency language will be repealed on 3-7-8 1 .
6. Certificate of Compliance transmitted to OAL 3-5-8 1 and filed 4-6-8 1 (Regis-
ter 81, No. 15).
7. Repealer of subsecdon (b) filed 7-16-81 as an emergency; designated effective
8-1-81 (Register 81, No. 30).
8. Order of Repeal of 7-16-81 order filed 7-24-81 hy OAL pursuant to Govern-
ment Code Section 1 1349.6 (Register 81, No. 30).
9. Change without regulatory effect repealing secdon filed 10-13-2004 pursuant
to secdon 100, title 1, Cahfomia Code of Regulations (Register 2004, No. 42).
Page 223
Register 2004, No. 42; 10-15-2004
§ 4394.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 4394.8. Overpayment of Funds.
NOTE: Authority cited: Section 1751, Welfare and Institutions Code. Reference:
Section 1814, Welfare and Institutions Code.
History
1 . New section filed 6-28-79 as an emeraency ; effective upon filing (Register 79.
No. 26).
2. Certificate of Compliance filed 8-29-79 (Register 79, No. 35).
3. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to seclion 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4395. Use of Reduced Payments.
Note: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Secfion 1810, Welfare and Institutions Code.
History
1. Repealer and new section filed 10-31-78 as an emergency; effective upon fil-
ing. Certificate of Compliance included (Register 78, No. 44).
2. Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 11346.2(d) (Register 86, No. 27).
3. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title" 1, California Code of Regulations (Register 2004, No. 42).
§ 4396. Calculating Amount of Funds to Be Withheld.
Note; Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1810, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former Section 4396 to Section 4375, and new
Section 4396 filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, titk 1, California Code of Regulafions (Register 2004, No. 42).
§ 4397. Alternative to Withholding of Funds.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Insfitutions Code.
Reference: Section 1810, Welfare and Institutions Code.
History
1 . Renumbering and amendment of former Secdon 4397 to Section 4376, and new
Section 4397 filed 6-30-86; effecfive upon filing pursuant to Government Code
Section 1 1346.2(d) Register 86, No. 27).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
Article 8. Performance Monitoring
§ 4398. Juvenile Correctional Facility Capacity Monitoring.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1810, Welfare and Institutions Code.
History
1 . New section filed 6-30-86; effecfive upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4399. Juvenile Court Commitment Monitoring.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and InstituUons Code.
Reference: Section 1810, Welfare and InstituUons Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Secfion 11346.2(d) (Register 86, No. 27).
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, fitle 1, California Code of Regulations (Register 2004, No. 42).
Article 9. Audits
§ 4400. Audit of Records.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27). For prior history, see
Register 81, No. 15.
2. Change without regulatory effect repealing section filed 10-13-2004 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 42).
§ 4400.5. Method of Counting New Commitments.
NOTE: Authority cited: Sections 1751 and 1807, Welfare and Institutions Code.
Reference: 1812(c)(1), Welfare and Institutions Code.
History
1. New section filed 10-31-78 as an emergency; effective upon filing. Certificate
of Compliance included (Register 78, No. 44).
2. Amendment of subsection (i) filed 5-17-79 as an emergency; effective upon
filing (Register 79, No. 20).
3. Certificate of Compliance filed 8-29-79 (Register 79, No. 35).
4. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1 346.2(d) (Register 86, No. 27).
§ 4401 . Repayment of Funds.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Sections 1809 and 1812, Welfare and Institutions Code.
History
1 . Amendment of subsection (b)(2) filed 5-17-79 as an emergency; effective upon
filing (Register 79, No. 20).
2. Certificate of Compliance filed 8-29-79 (Register 79, No. 35).
3. Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4401 .5. Calculation of Modified Base Commitment Rate.
NOTE: Authority cited: Sections 1712 and 1807. Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . New section filed 1 1-7-80 as an emergency; effective upon filing (Register 80,
No. 45). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 3-7-8 1 .
2. Certificate of Compliance transinitted to OAL 3-5-81 and filed 4-6-81 (Regis-
ter 81, No. 15).
3. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 86, No. 27).
Article 10. Appeal
§ 4402. Appeal.
NOTE: Authority cited: Sections 1712 and 1812, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Repealer and new section filed 6-30-86; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 86, No. 27)
2. Repealer of article 10 (sections 4402^417) and section filed 3-25-97; opera-
tive 4-24-97 (Register 97, No. 13).
§ 4403. County Population for Commitment Rates.
Note: Authority cited: Sections 1712 and 1807, Welfare and Institutions Code.
Reference: Section 1812, Welfare and Institutions Code.
History
1 . Amendment filed 7-1 6-8 1 as an emergency; designated effective 8-1-81 (Reg-
ister 81, No. 30).
2. Order of Repeal of 7-16-81 order filed 7-24-81 by OAL pursuant to Govern-
ment Code Section 11349.6 (Register 81, No. 30).
3. Amendment filed 2-23-82; effective thirtieth day thereafter (Register 82, No.
9).
4. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 86, No. 27).
§ 4404. Repayment of Funds.
NOTE: Authority cited: Sections 171 1.3, 1751 and 1 807, Welfare and Institutions
Code. Reference: Sections 1805-1818, Welfaie and Institutions Code.
History
1. Amendment filed 10-31-78 as an emergency; effective upon filing. Certificate
of Compliance included (Register 78, No. 44).
2. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 11346.2(d) (Register 86, No. 27).
§ 4408. Notice and Plan for Correction of Violations.
NOTE: Authority cited: Sections 1712, 1751, 1807, Welfare and Institutions Code.
Reference: Sections 1813 and 1815, Welfare and Institutions Code.
History
1 . Repealer and new section filed 5-17-79 as an emergency; effective upon fifing
(Register 79, No. 20). For history of former section, see Register 78, No. 29.
2. Certificate of Compliance including amendment of subsection (b) filed
8-29-79 (Register 79, No. 35).
3. Amendment of subsection (d) filed 1 1-7-80 as an emergency; effective upon
filing (Register 80, No. 45). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-7-81.
4. Certificate of Compliance including amendment of subsection (d) transmitted
to OAL 3-5-81 and filed 4-6-81 (Register 81, No. 15).
•
•
Page 224
Register 2004, No. 42; 10-15-2004
Title 15
Department of the Youth Authority
§4418.1
•
5. Repealer filed 6-30-86; effective upon filins pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
§ 4409. Unusual Circumstances.
NOTH: Authority cited: Sections 1712, 1751, 1807, Welfare and Institutions Code.
Reference: Sections 1807, 1815, Welfare and Institutions Code.
History
1 . Amendment filed 5-17-79 as an emergency; effective upon filing (Register 79,
No. 20).
2. Certificate of Compliance filed 8-29-79 (Register 79, No. 35).
3. Amendment of subsection (b) filed 11-7-80 as an emergency; effective upon
filing (Register 80, No. 45). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-7-81.
4. Certificate of Compliance transmitted to OAL 3-5-81 and filed 4-6-81 (Regis-
ter 81, No. 15).
5. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
§4410. Appeal.
History
1 . Renumbering and amendment of Section 4410 to Section 4378 filed 6-30-86;
effective upon filing pursuant to Government Code Section 1 1346.2(d) (Regis-
ter 86, No. 27).
§ 441 1 . Appeal to the Board of Corrections.
History
1. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
§ 4412. Method of Determining the Amount to Be Withheld
or Repaid.
Note: Authority cited: Sections 1712, 1751, 1807, Welfare and Institutions Code.
Reference: 1807, 1815, Welfare and Institufions Code.
History
1 . New section filed 5-17-79 as an emergency; effecfive upon filing (Register 79,
No. 20).
2. Certificate of Compliance including amendment of subsection (a) filed 8-29-79
(Register 79, No. 35).
3. Amendment of subsections (a)(1)(B) and (b) filed 11-7-80 as an emergency;
effective upon filing (Register 80, No. 45). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency language will be repealed
on 3-7-81.
4. Certificate of Compliance transmitted to OAL 3-5-81 filed 4-6-81 (Register
81, No. 15).
5. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 27).
§ 4413. Withholding or Repayment of Funds.
NOTE: Authority cited: Sections 1712 and 1807, Welfare and Institutions Code.
Reference: Secfions 1807, 1814.5 and 1815, Welfare and Institutions Code.
History
1. New section filed 5-17-79 as an emergency; effecfive upon filing (Register 79,
No. 20).
2. Certificate of Compliance filed 8-29-79 (Register 79, No. 35).
3. Amendment of subsection (b)(2) filed 1 1-7-80 as an emergency; effective upon
filing (Register 80, No. 45). A Certificate of Compliance must be transmitted
to OAL within 120 days or emergency language will be repealed on 3-7-81 .
4. Certificate of Compliance including amendment of subsection (b)(3) trans-
mitted to OAL 3-5-81 and filed 4-6-81 (Register 81, No. 15).
5. Amendment of subsecuons (a) and (b) filed 7-16-81 as an emergency; desig-
nated effecfive 8-1-81 (Register 81, No. 30).
6. Order of Repeal of 7-16-81 order filed 7-24-81 by OAL pursuant to Govern-
ment Code Secdon 11349.6 (Register 81, No. 30).
7. Amendment filed 2-23-82; effecfive thirtieth day thereafter (Register 82, No.
9).
8. Repealer filed 6-30-86: effective upon filing pursuant to Government Code
Secdon 1 1346.2(d) (Register 86, No. 27).
§ 4414. Monitoring of the County Justice System
Subvention Program.
History
1 . Repealer filed 6-30-86; effective upon filins pursuant to Government Code
Secdon 1 1346.2(d) (Register 86, No. 27).
§ 4415. Annual Report to Legislature.
History
1. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Secdon 1 1346.2(d) (Register 86, No. 27).
§4416. Independent Evaluation.
History
1. Repealer filed 6-30-86; effective upon filing pursuant to Government Code
Secdon 1 1346.2(d) (Register 86, No. 27).
§4417. Reporting of Statistics.
History
1. Repealer filed 6-30-86; effecfive upon filing pursuant to Government Code
Secdon 1 1346.2(d) (Register 86, No. 27).
Subchapter 5.1. Juvenile Offender Local
Prevention and Corrections Act
Article 1. General Provisions
§4418. Purpose.
This Subchapter implements and makes specific Article 7.5 (com-
mencing with Section 1820) of Chapter 1 of Division 2.5 of the Welfare
and Institutions Code as implemented by the Department of Youth Au-
thority.
Note: Authority cited: Sections284, 1712(b), 1752.7, 1820.15and 1820.55, Wel-
fare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare
and Insdtudons Code.
History
1 . New subchapter 5. 1 , article 1 and section filed 9-23-93 as an emergency; opera-
tive 9-23-93 (Register 93, No. 39). A Certificate of Compliance must be trans-
mitted to OAL by 1-21-94 or emergency language will be repealed by opera-
don of law on the following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 1 2-8-93 and
filed 1-13-94 (Register 94, No. 2).
§4418.1. Definitions.
(a) "Camp" means a juvenile home, ranch, camp, or forestry camp es-
tablished and operated in accordance with Section 880, Welfare and In-
stitutions Code, to which minors made wards of the court on the grounds
of fitting the descripfion in Secfion 602, Welfare and Institufions Code,
may be committed.
(b) "Department" means the Department of the Youth Authority.
(c) "Number of available beds" means the county's total operating
budgeted bed capacity for camps.
(d) "Unforeseen circumstances" shall be limited to the results of natu-
ral occurrences, such as floods and earthquakes, or to damages of facility
structure or environment, or to other extreme circumstances that could
not have been reasonably anficipated.
(e) "Funding year" means the fiscal year for which the funding alloca-
tion is made.
[The next page is 227.]
Page 225
Register 2004, No. 42; 10-15-2004
Title 15
Department of the Youth Authority
§ 4419.3
(f) "Average daily population (fiscal quarter)" means, for each county,
the sum ofthat fiscal quarter's daily ward population counts for all camps
divided by the number of calendar days in the quarter.
NOTH; Authority cited; Sections 284. 1712(b), 1752.7, 1820.15, 1820.2. 1820.3
and 1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885,
1820, 1820.2(b) and 1820.3(d), Welfare and Institutions Code.
History
1 . New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendment of subsec-
tion (c) transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4418.2. Scope.
This Subchapter applies only to the provisions and implications of
Sections 1820 through 1820.55, Welfare and Institutions Code, and to
those counties which operated at least one camp on June 30. 1993. Those
counties are:
Alameda Sacramento
Colusa/Solano San Bernardino
Contra Costa San Diego
Del Norte San Francisco
Fresno San Mateo
Kern Santa Barbara
Los Angeles Santa Clara
Orange Sonoma
Placer Ventura
Riverside
NOTE: Authority cited: Secdons 284, 1712(b), 1820.15, 1820.2, 1820.3 and
1820.55, Welfare and Institutions Code. Reference: Sections 880, 881, 885, 1820
and 1820.3, Welfare and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and
filed 1-13-94 (Register 94, No. 2).
Article 2.
Administration of Funding
Program
§ 4419. Basis of Available Funding.
Commencing with the 1 993-94 fiscal year, the Department shall ad-
minister partnership funding to qualified counfies from any State, feder-
al, or other funds made available under this Act.
NOTE: Authority cited: Sections 284, 1712(b), 1820.15and 1820.55, Welfare and
Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.5, Welfare
and Insdtufions Code.
History
1. New article 2 and section filed 9-23-93 as an emergency; operative 9-23-93
(Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL
by 1-21-94 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 12-8-93 and
filed 1-13-94 (Register 94, No. 2).
§ 4419.1. Formula for Allocation of Funds.
Upon Departmental approval of county applications, funds shall be al-
located quarterly in arrears among those qualified counties, as follows:
(a) Funds available to the counties in a fiscal quarter shall equal one-
fourth of total funds available in the fiscal year under this Act.
(b) For each fiscal quarter, the amount of funds to be disbursed among
qualified counties shall be determined by the Department according to
the following procedure:
( 1 ) For that quarter, every qualified county's average daily population
shall be added to derive a statewide average daily population for the quar-
ter.
(2) That statewide average daily populafion shall be divided into each
qualified county's average daily population to derive the percentage of
the total quarterly allocation to which each county is entitled.
(c) No average daily populafion may exceed a county" s total camps ca-
pacity for the purposes of funding allocation. If the actual average daily
population does exceed such capacity, that total capacity number shall
serve as the county's average daily population for the purposes of quar-
terly funding.
(d) Each county shall report to the Departinent any increase or de-
crease in any of its camp bed capacifies within 1 days following such
capacity change. That notification shall include each new bed capacity,
by camp, the dates of all changes, and the changes in total camp bed ca-
pacity for the county.
NOTE: Authority cited: Sections 284, 1712(b). 1820.15 and 1820.55, Welfare and
Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.2, Welfare
and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendment of subsec-
tion (d) transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.2. Population Reports.
Each camp shall submit monthly population reports to the Department
within ten (10) calendar days after the end of the month. The reported
information shall include the following:
(a) Operafing bed capacity: The maximum number of wards that can
be confined in the camp.
(b) The actual number of wards confined each day in the camp.
NOTE: Authority cited: Sections 284, 1712(b), 1752.7, 1820.15and 1820.55, Wel-
fare and Institutions Code. Reference: Sections 880, 881, 885, 1820 and 1820.2,
Welfare and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendment of opening
paragraph transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§ 4419.3. Application for Quarterly Funding.
(a) The initial applicadon for funds shall be submitted to the Depart-
ment by the date established by the Department. Subsequent applications
for funds shall be submitted to the Department within fifteen (15) calen-
dar days after the end of a fiscal quarter.
(b) The quarterly application shall include: a cerfification that the qual-
ifying county camp meets the eligibility requirements of Section 1820.3
of the Welfare and InsUlutions Code; a cerfificafion that funds shall only
be expended for the purposes described in Secdon 1 820. 1 of the Welfare
and Insfitutions Code; and a certificafion that the qualifying county camp
is in continuing compliance with the minimum standards prescribed for
the camps, pursuant to Section 885 of the Welfare and Institutions Code.
(c) For the purposes of Section 1820.3(b), Welfare and Institutions
Code, the number of available camp beds, by county, on June 30, 1993
was as follows:
County Available Beds County Available Beds
Alameda 100 Sacramento 150
Colusa (shared 60 San Bernardino 20
with Solano) San Diego 226
Contra Costa 74 San Francisco 84
Del Norte 42 San Mateo 60
Fresno 60 Santa Barbara 50
Kern 65 Santa Clara 204
Los Angeles 2,125 Sonoma 40
Orange 310 Ventura 69
Placer 20
Riverside 114
Page 227
Register 97, No. 13; 3-28-97
§ 4419.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTE: AiUhority died: Sections 284. 1712(b), 1752.7, 1820.15, 1820.2, 1820.25,
1 820.3 and 1 820.55. Welfare and Institulions Code. Reference: Sections 880, 881 ,
885, 1820, 1820.2 and 1820.3, Welfare and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93.
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order includina amendments trans-
mitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§4419.4. Disbursement of Funds.
After Departmental approval of a county's application, funds shall be
disbursed in accordance with a quarterly lime schedule established by the
Department, in coordination with the State Controller. Fund payments
shall be made in arrears, based on calculations of average daily popula-
tions from a previous fiscal quarter.
NOTE: Authority cited: Sections 284, 1 7 1 2(b), 1 752.7, 1 820. 1 5 and 1 820.55, Wel-
fare and Institutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare
and Institutions Code.
History
1 . New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendments trans-
mitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§ 441 9.5. Eligibility Status.
No allocation of funds shall be made to any county which is not adher-
ing to these regulations or to applicable law. If the Department declares
a county ineligible for funding for a particular fiscal quarter, that county
may regain eligibility for a subsequent quarter if the county demonstrates
to the Department that it has returned to compliance and it applies for
funding in the form and manner required for that subsequent quarter.
NOTE; Authority cited: Sections 284, 1712(b), 1752.7, 1820.15and 1820.55, Wel-
fare and Insfitutions Code. Reference: Sections 880, 881, 885 and 1820, Welfare
and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Comphance as to 9-23-93 order transmitted to OAL 12-8-93 and
filed 1-13-94 (Register 94, No. 2).
§4419.6. Inter-County Agreements.
(a) If a county funded under this Act provides bed space by contract
to one or more other counties, the county providing bed space shall nego-
tiate with the other county(ies) to reduce contract costs based on the host
county's cost of providing the bed space, excluding the State contribu-
tion. The Department shall not intervene in the outcome of those inter-
county contract matters.
(b) If two or more counties jointly operate a camp by a joint powers
agreement or other contractual arrangement, each participating county
shall join in approving a single appHcation for funds submitted under
these provisions. Payments by the State shall be provided to the county
in which the camp is located, with the expectation that each participating
county will share those payments consistent with their inter-county legal
agreements. All of the regulations under this Act are jointly binding on
the counties which jointly operate any camp.
NOTE: Authority cited: Secfions 284, 1 71 2(b), 1 752.7, 1 820. 15 and 1 820.55, Wel-
fare and Institutions Code. Reference: Sections 880, 881, 885, 888, 1820 and
1820.4, Welfare and Institutions Code.
History
1. New secfion filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendment of Note
transmitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
§ 4419.7. Extension of Deadlines.
Under extraordinary circumstances demonstrated by a county, the De-
partment may briefly extend a deadline otherwise binding on the county
by these regulations.
NOTE;Authoritycited:Secfions284, 1712(b), 1752.7, 1820.15,1820.2,1820.25,
1 820.3 and 1 820.55. Welfare and Institutions Code. Reference: Sections 880, 881 .
885 and 1820. Welfai'e and Institutions Code.
History
1. New section filed 9-23-93 as an emergency; operative 9-23-93 (Register 93.
No. 39). A Cerdficate of Compliance must be transmitted to OAL by 1-31-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 1 2-8-93 and
filed 1-13-94 (Register 94, No. 2).
§4419.8. Accounting.
All funds received by a county under this Subchapter shall be recorded
in a manner that identifies those funds and clearly shows the manner of
their disposition. Supporting records shall be maintained by the county
in sufficient detail to demonstrate that the funds were used for the pur-
poses described in Section 1820.1 of the Welfare and Insfitutions Code.
Such records shall disfinguish between funds from different fiscal years
and shall be retained by the county for four (4) years after the funding
year or unfil audited by the State, whichever is sooner.
NOTE: Authority cited: Secfions 284, 17l'2(b), 1752.7, 1820.15, 1820.2, 1820.3
and 1820.55. Welfare and Institutions Code. Reference: Sections 880, 881. 885,
1820 and 1820.1, Welfare and Institufions Code.
History
1. New secfion filed 9-23-93 as an emergency; operative 9-23-93 (Register 93.
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order transmitted to OAL 1 2-8-93 and
filed 1-13-94 (Register 94. No. 2).
§4419.9. Auditing.
The State reserves the right to audit accounting records of parficipaUng
counfies relafing to the administrafion of the Act. Any state funds ex-
pended for purposes other than those described in Secfion 1820.1 of the
Welfare and Institutions Code shall be recovered by the Department
through repayment by the county.
NOTE: Authority cited: Secfions 284, 1712(b). 1752.7, 1820.15, 1820.2, 1820.3
and 1820.55, Welfare and Insfitutions Code. Reference: Sections 880, 881, 885,
1820 and 1820.1, Welfare and Insfitutions Code.
History
1. New secfion filed 9-23-93 as an emergency; operative 9-23-93 (Register 93,
No. 39). A Certificate of Compliance must be transmitted to OAL by 1-21-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 9-23-93 order including amendments trans-
mitted to OAL 12-8-93 and filed 1-13-94 (Register 94, No. 2).
Subchapter 6. Crime and Delinquency
Prevention
Article 1 . General Provisions
§ 4425. Statutory Authority.
NOTE; Authority cited: Sections 1712, 1791 and 1793, Welfare and Insfitutions
Code. Reference: Sections 1790, 1792, 1792.1, 1792.2, 1794 and 1799, Welfare
and Insfitutions Code.
History
1. New Subchapter 6 (Secfions 4425-4457, not consecufive) filed 6-28-79 as an
emergency; designated effecfive 6-29-79 (Register 79, No. 26).
2. Certificate of Compliance filed 10-18-79 (Register 79, No. 42).
3. Editorial correcfion of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
4. Repealer of article 1 (sections 4425-4429.5) and secfion filed 3-25-97; opera-
five 4-24-97 (Register 97, No. 13).
§ 4426. Legislative Intent.
NOTE: Authority cited: Sections 1791, 1793 and 1798, Welfare and Institufions
Code. Reference: Section 1790, Welfare and Insfitufions Code.
Page 228
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§ 4435
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7: effective thirtieth day thereafter (Register 85, No. 26).
§ 4427. Scope.
NoTE: Authority cited: Sections 1712, 1791 and 1793, Welfare and Institutions
Code. Reference: Sections 1791 and 1793, Welfai-e and Institutions Code.
History
1 . Editorial con-ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85. No. 43).
2. Amendment filed 10-31-86; effective thirtieth day thereafter (Reaister 86, No.
44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4428. Role of the Department of the Youth Authority.
NOTH: Authority cited: Sections 1791, 1793 and 1798, Welfare and Institutions
Code. Reference: Sections 1791. 1792, 1792.1, 1792.2, 1795, 1796, 1797 and
1978, Welfare and Institutions Code.
History
1 . 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).
§ 4429. Advisory Commission.
NOTE: Authority cited: Section 1798, Welfare and Institutions Code. Reference:
Section 1798, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secdon
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4429.5. Role of the Advisory Commission.
NOTE: Authority cited: Sections 1712 and 1791, Welfare and Institutions Code.
Reference: Section 1798, Welfare and Institutions Code.
History
1. Editorial correcfion of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 10-3 1-86; effective thirtieth day thereafter (Register 86, No. 44).
Article 2. Definitions
§ 4430. Delinquency Prevention.
NOTE: Authority cited: Sections 1712 and 1791, Welfare and Insfitutions Code.
Reference: Sections 1790, 1792.2, 1793 and 1796, Welfare and Institutions Code.
History
1. Editorial coiTection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Amendment filed 10-31-86; effective thirtieth day thereafter (Register 86, No.
44).
3. Repealer of article 2 (secfions 4430-4433.1) and section filed 3-25-97; opera-
tive 4-24-97 (Register 97, No. 13).
§ 4430.2. Crime and Delinquency Prevention Project.
NOTE; Authority cited: Sections 1712 and 1791, Welfare and Institutions Code.
Reference: Sections 1792.2 and 1798, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4431. Contracting Organization.
NOTE: Authority cited: Sections 1712 and 1791, Welfare and Institutions Code.
Reference: Secdons 1792, 1792.2, 1798 and 1799, Welfare and Institutions Code.
History
1 . Repealer of former Section 443 1 and renumbering and amendment of Section
4433.1 to Section 4431 filed 1 0-31 -86; effecdve thirtieth day thereafter (Regis-
ter 86, No. 44). For prior history, see Register 85, No. 43.
2. Repealer filed 3-25-97; operadve 4-24-97 (Register 97, No. 13).
§ 4432. Technical Assistance.
NoTE: Authority cited: Secdons 1791 and 1798, Welfare and Insdtutions Code.
Reference: Section 1 795, Welfare and Insdtudons Code.
History
I. 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).
§4432.1. Application.
NOTE: Authority cited: Sections 1712, 1791 and 1792. Welfare and Institutions
Code. Reference: Sections 1794 and 1798, Welfare and In.stitutions Code.
History
1. Editorial coiTection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 10-3 1-86; effective thirtieth day thereafter (Register 86. No. 44).
§ 4433. Agency.
NOTE: Authority cited: Sections 1791 and 1798, Welfare and Institutions Code.
Reference: Sections 1792, 1792.2 and 1799, Welfare and In.stitutions Code.
History
1 . 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).
§ 4433.1 . Contract Agency.
NOTE: Authority cited: Sections 1712 and 1791, Welfare and Institutions Code.
Reference: Secdons 1792, 1792.2, 1798 and 1799, Welfare and Insdtudons Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Renumbering and amendment of Section 4433.1 to Section 4431 filed
10-31-86; effective thirtieth day thereafter (Register 86, No. 44).
Article 3. Delinquency Prevention
Commissions' Role and Funding
§ 4434. The Role of a County Delinquency Prevention
Commission.
NOTE: Authority cited: Sections 1712 and 1791, Welfare and Institutions Code.
Reference: Sections 233, 1792.1 and 1792.2, Welfare and Institutions Code.
History
1 . Order of Repeal of first paragraph of Section 4434.5 filed 6-3-85 by OAL pur-
suant to Government Code Section 1 1349.7; effective thirtieth day thereafter
(Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
3. Repealer of former Section 4434 and renumbering and amendment of Section
4434.5 to Section 4434 filed 1 0-3 1-86; effective thirtieth day thereafter (Regis-
ter 86, No. 44). For history of Section 4434, see Register 85, No. 43.
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4435. Funds for Administrative Expenses.
(a) A county delinquency prevention commission inay submit an
application to the Department of the Youth Authority for administrative
expenses up to $1,000 per year. Such administrative expenses may in-
clude:
(1) Salary of employees hired to staff the commission.
(2) Necessary expenditures associated with the regular meetings of the
commission.
(3) Actual and necessary expenses incurred by commissioners in the
performance of their duties.
(4) Expenses associated with public information and/or educational
activities.
(5) The holding of public meetings and hearings.
(b) The approval or disapproval of an application for funds for delin-
quency prevention commission administrative costs shall be based upon
the availability of funds to the Department, and the application meeting
the provisions of these regulations. The submission of the application for
reimbursement for expenses incurred in the following fiscal year shall be
made in the manner prescribed by the Department not later than June 1 5
of each year.
(c) The Department shall notify the county delinquency prevention
commission of the approval or disapproval of applications for adminis-
trative funds.
NOTE: Authority cited: Sections 1712, 1791, 1792.1, 1793 and 1794, Welfare and
Institutions Code. Reference: Section 1792.1, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Page 229
Register 97, No. 13; 3-28-97
§4436
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2. Amendment of Section 4435 and renumbering and amendment of former Sec-
tion 4436 to Section 4435(b) and renumbering of former Section 4437 to Sec-
tion 4435(c) fiied 10-31-86; effective thirtieth day thereafter (Register 86, No.
44). For history of former sections, see Register 85. No. 43.
§ 4436. Reimbursement.
NOTE; Authority cited: Sections 1712, 1791 and 1794. Welfare and Institutions
Code. Reference: Section 1792.1, Welfare and Institutions Code.
History
1. Hditorial con-ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Renumbering and amendment of former Section 4436 to Section 4435(b) and
renumbering and amendment of former Section 4438 to Section 4436 filed
10-31-86; effective thirtieth day thereafter (Register 86, No. 44). For history
of former section, see Register 85, No. 43.
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4439. Application for Other Funds.
NOTE: Authority cited: Sections 1712 and 1792, Welfare and Institutions Code.
Reference: Section 1792.2, Welfare and Institutions Code.
History
1. Editorial con-ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
Article 4. Administration of Delinquency
Prevention Project Funds
§ 4440. Application Process.
NOTE: Authority cited: Sections 1712, 1791 and 1794. Welfare and Institutions
Code. Reference: Secdons 1792, 1792.2 and 1794, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Amendment of Section 4440 and renumbering and amendment of former Sec-
tion 4441 to Section 4440(b), former Secfion 4442 to Section 4440(c) and for-
mer Section 4443 to Section 4440(d) filed 10-31-86; effective thirtieth day
thereafter (Register 86, No. 44). For history of former sections, see Register 85,
No. 43.
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4441 . Contract Modification.
NOTE: Authority cited: Sections 1712 and 1791-1793, Welfare and Institutions
Code. Reference: Sections 1793 and 1799, Welfare and Institutions Code.
History
1. Renumbering and amendment of former Section 4441 to Section 4440(b) and
new Section 4441 filed 10-31-86; effective thirtieth day thereafter (Register
86, No. 44).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4444. Fiscal Reporting.
NOTE: Authority cited: Sections 1712, 1792, 1792.2 and 1793, Welfare and Insti-
tutions Code. Reference: Sections 1792 and 1793, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer and new section filed 10-31-86; effective thirtieth day thereafter
(Register 86, No. 44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4445. Matching Funds.
NOTE: Authority cited: Sections 1712 and 1794, Welfare and Institutions Code.
Reference: Section 1792.2, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4446. Unused Funds and Disallowed Expenditures.
NOTE: Authority cited: Sections 1712, 1791 and 1794, Welfare and Institutions
Code. Reference: Sections 1792 and 1792.2, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Amendment filed 1 0-3 1-86; effective thirtieth day thereafter (Register 86. No.
44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4447. Fiscal Records.
NOTE: Authority cited: Sections 1712. 1791 and 1793, Welfare and Institutions
Code. Reference: Sections 1792, 1792.1 and 1796, Welfare and Institutions Code.
History
1. Editorial conection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Amendment filed 1 0-3 1-86; effective thirtieth day thereafter (Register 86, No.
44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4448. Audit of Records.
The state reserves the rights to audit all the records of contracting orga-
nizations pertaining to claims for reimbursements. Any errors disclosed
in such audits shall be recovered by the state through deductions from fu-
ture claims or by direct payment by the contracting organization.
Any appeal resulting from disputed audits shall be submitted in accor-
dance with Subchapter 1 , Article 1 , Section 4200^202.
NOTE: Authority cited: Sections 1712. 1791 and 1793, Welfare and Institutions
Code. Reference: Sections 1 792, 1 792.2 and 1 796, Welfare and Institutions Code.
History
1. Editorial conection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Amendment filed 1 0-3 1-86; effective thirtieth day thereafter (Register 86, No.
44).
§ 4449. Demonstration and Experimental Project Funds.
Notwithstanding provisions of Section 4440 of this Article, funds may
also be made available by the Department to local governmental and
non-governmental agencies at the discretion of the Director. Such funds
shall be used to fund demonstration and experimental projects to develop
and test new methods and strategies in delinquency prevention programs.
NOTE: Authority cited: Sections 1712 and 1796, Welfare and Institutions Code.
Reference: Section 1796, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New section filed 10-31-86; effective thirtieth day thereafter (Register 86, No.
44).
Article 5. Minimum Standards for
Delinquency Prevention Project
§ 4450. General.
NOTE; Authority cited: Sections 1791 and 1793, Welfare and Institutions Code.
Reference: Section 1792.2, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4450.3. Characteristics of Delinquency Prevention
Services and Projects.
NOTE: Authority cited: Section 1791, Welfare and Institutions Code. Reference:
Section 1792.2, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4450.4. Structure and Organization of Projects.
NOTE: Authority cited: Sections 1791-1793, Welfare and Institutions Code. Ref-
erence: Section 1792.2, Welfare and Institutions Code.
History
1 . 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).
§ 4450.5. Administration.
NOTE: Authority cited: Sections 1712, 1791 and 1793, Welfare and Institutions
Code. Reference: Section 1792.2, Welfare and Institutions Code.
Page 230
Register 97, No. 13; 3-28-97
Title 15
Department of the Youth Authority
§4464
History
1. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 11 349.7; effective thirtieth day thereafter (Register 83, No. 26).
2. Kditorial conection of NOTK filed 10-22-85; effective thirtieth day thereafter
(Register 85. No. 43).
3. Amendment filed 10-31-86; effective thirtieth day thereafter (Resister 86, No.
44).
4. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§4451. Personnel.
NOTH: Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and histitu-
tions Code. Reference; Section 1792.2, Welfare and Institutions Code.
History
1 . Kditorial con-ection of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4452. Facility.
Each delinquency prevention project shall have a facility which is suf-
ficient to assure the project's capacity to meet its goals and objectives.
The facility shall meet any pertinent local, state, and federal Health and
Safety Code requirements and shall so certify to the Department annual-
ly-
Note: Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Insdtu-
tions Code. Reference: Secfions 1792 and 1793, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
II 349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New secfion filed 1 0-3 1-86; effective thirtieth day thereafter (Register 86, No.
44).
§ 4455. Services and Programs.
Note; Authority cited: Secfions 1712, 1791, 1792 and 1793, Welfare and Insfitu-
tions Code. Reference: Section 1792.2, Welfai-e and Institutions Code.
History
1. Editorial correction of NOTE filed 10-22-85; effecfive thirtieth day thereafter
(Register 85, No. 43).
2. Amendment filedlO-31-86; effecfive thirtieth day thereafter (Register 86, No.
44).
3. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
§ 4456. Evaluation, Records and Reports.
NOTE: Authority cited: Sections 1712 and 1791-1793, Welfare and Institutions
Code. Reference: Secfions 1792.2 and 1793, Welfare and Institutions Code.
History
1 . Amendment filed 10-3 1-86; effecfive thirtieth day thereafter (Register 86, No.
44).
2. Repealer filed 3-25-97; operative 4-24-97 (Register 97, No. 13).
3. Editorial correction of Note (Register 98, No. 9).
§ 4457. Other Standards.
NOTE: Authority cited: Sections 1712, 1791, 1792 and 1793, Welfare and Institu-
tions Code. Reference: Section 1792.2, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 10-22-85; effective thirtieth day thereafter
(Register 85, No. 43).
Subchapter 6.5. Minimum Standards for
Regional Youth Educational Facilities
Article 1 . Operation Standards
§ 4460. Administration.
Each Regional Youth Education Facility shall keep its financial re-
cords separate from any other county entity and submit Report of Expen-
ditures and Request for Funds as directed by the Youth Authority.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 895 and 896, Welfare and Institutions Code.
History
1. New Subchapter 6.5 (Sections 4460-4472) filed 9-12-85; effective thirtieth
day thereafter (Register 85, No. 36).
§4461. Personnel.
Each Regional Youth Educational Facility shall have:
(a) A full time director who has had at least one year's experience with
delinquent youth.
(b) A facility staff member that holds a valid supervision credential in
academic education. This person may be the director or another staff
member assigned to work in the facility.
(c) Academic teachers with elementary credentials, a special educa-
tion credential, and experience with computer-assisted instruction.
(d) Physical education teacher with a valid secondary credential in
physical education.
NotE: Authority cited: Section 1712, Welfare and Institution Code. Reference:
Section 896, Welfare and Institutions Code.
§ 4462. Physical Facility.
Each Regional Youth Educational Facility shall:
(a) Meet the Minimum Standards for Juvenile Halls, or Juvenile
Homes, Ranches, Camps or Forestry Camps as provided for in Subchapt-
ers 3 or 4, Title 15, Division 4, Chapter 2, whichever applies.
(b) Have separate classrooms from any other wards housed in the same
or adjacent building.
(c) Have separate housing from any other wards housed in the same
or adjacent building.
(d) Use the same feeding and recreation facilities as long as separate
schedules are maintained.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 896. Welfare and Institutions Code.
§ 4463. Sixty-Day Program Extension.
(a) Wards who are to be transferred to a local facility for an additional
60-day program shall have an individualized set of objectives to be ac-
complished that take into account programs experienced by ward to date.
Sixty-day extensions may be in a resident juvenile hall program or camp
program within the county the ward is committed from or with a county
whose facility the committing county is using.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 894 and 896, Welfare and Institutions Code.
Article 2. Program Description
§ 4464. Performance Standards for Program Elements.
(a) Competency-based education shall provide every ward an individ-
ualized, prescriptive, individually paced, open-entry/open-exit educa-
tional program with a concentration on life management and employabil-
ity skills with specific objectives for the ward to accomplish.
(1) Each subject shall have pre and post tests administered as deter-
mined by facility and Youth Authority staff.
(b) Computer-assisted education programs shall be utilized for aca-
demic and vocational subjects.
(c) Physical education program shall consist of two hours per day of
organized physical activity, one-half hour of which is devoted to calis-
thenics.
( 1 ) Wards who are diagnosed as needing specialized remedial physical
exercise programs shall be provided an individualized program which
has stated objectives that are written and tested for progress.
(d) Vocational assessment and industrial arts training shall be pro-
vided with testing for vocational preference and testing for ability to
reach the preferred goal.
( 1 ) Vocational experience may be given to wards working with trades-
men at the facility and/or utilizing an industrial shop that contains a vari-
ety of training modules.
(e) Work experience shall be a part of the ward's program by having
each ward assigned to a work crew that works in the community for other
public entities. Individual wards may be placed on a work experience
with a private company.
Page 231
Register 98, No. 9; 2-27-98
§4465
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(f) Character education shall be classes given with the objective of pro-
viding training in mental habits, attitudes, values, personal goals that in-
fluence personal behavior.
(g) Victim awareness shall be given in small groups with volunteer
victims who will not face any ward who committed a crime against him
or her.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Section 894, Welfare and histitutions Code.
§ 4465. Post Release Program.
Post Release Program shall have:
(a) Pre-release planning with the release objective made for each
ward.
(b) A 60-day and 120-day progress report on objectives written for
each ward.
(c) An individual program of supervision to meet the needs of each mi-
nor.
(d) A transfer report that may be part of the 1 20-day report indicating
where the ward will be going and who will supervise.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 896, Welfare and Institutions Code.
Article 3. Research, Evaluation and
Records
§ 4466. Research and Records.
Each Regional Youth Educational Facility shall:
(a) Maintain accurate and complete case records, pre and post test re-
ports on each education component, and reports on work experience, vo-
cational training, restitution payments, participation in victim awareness
sessions, and disciplinary incidents prescribed by the Department of the
Youth Authority on all wards in the eligible pool whether assigned to the
facility or other placement. Such reports and statistics shall be conveyed
to the Youth Authority at least every 90 days for each ward.
(b) Develop an agreement of a program of research and evaluation
with the Youth Authority.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 898.5, Welfaie and Institutions Code.
Article 4. Administration of Funds
§ 4467. Application for Funding.
Any California county may submit an application to the Youth Au-
thority for the establishment of a Regional Youth Educational Facility.
The application shall be written in the manner prescribed by the Youth
Authority and submitted by a predetermined date set by the Director of
the Youth Authority and shall include, but not limited to:
•
[The next page is 237.]
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Register 98, No. 9; 2-27-9
Title 15
Department of the Youth Authority
§ 4478.1
(a) Documentation that the application has been approved by the
County Board of Supervisors (if more than one county is involved, all
counties must submit resolutions indicating approval).
(b) A letter of endorsement from the County Board of Education.
(c) A letter of endorsement from the presiding judge(s) of the juvenile
court of the participating county(ies).
(d) A letter from the Juvenile Justice Commission(s) indicating a re-
view of proposal.
(e) A description of the manner in which the county will operate in-
cluding, but not limited to:
( 1 ) Personnel
(2) Program elements
(3) Facility capability
(4) Advisory committee
(5) Research and recordkeeping
(6) Number of wards 1 6 and 1 7 years of age coming under Subsection
602 of the Welfare and Institutions Code awaiting placement out of their
home in the juvenile hall(s)
(7) Financial ability to provide matching funds and resources.
NOTEi: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 896, Welfare and Institutions Code.
§ 4468. Audit of Funds.
The State reserves the right to audit the total accounting records of Re-
gional Youth Educational Facilities.
NOTE: Authority cited: Section 1712, Welfai^e and Institutions Code. Reference:
Section 895, Welfare and Institutions Code.
§ 4469. Unused Funds.
Any funds not expended by a county in the manner prescribed in the
counties' Request for Funds shall revert to the state.
NOTH; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 895, Welfare and Institutions Code.
Article 5. Selection Criteria
§ 4470. Selection Process.
The process shall consist of the proposals from the submitting counties
being reviewed by a Review Team consisting of Youth Authority staff
and community representatives.
(a) The proposals shall be evaluated in the following areas in addition
to the requirements listed in Section 895(b) of the Welfare and Institu-
tions Code.
( 1 ) Program need
(2) Program services offered
(3) Program objectives
(4) Responsiveness to program goals
(b) The proposals will be sent to the Director of the Youth Authority
for final selection.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 895 and 896, Welfare and Institutions Code.
Article 6. Contract
§ 4471. Contract Required.
A contract between the Youth Authority and the selected county(ies)
shall be required.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 895, Welfare and Institutions Code.
Article 7. Payment to Counties
§ 4472. Distribution of Funds.
Distribution of funds shall be made in arrears on a quarterly basis to
the county(ies).
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 895, Welfare and Institutions Code.
Subchapter 6.6.
Youth Centers and Youth
Shelters
Article 1. General Provisions
§ 4475. Purpose.
These regulations apply to funds appropriated by the County Correc-
tional Facility Capital Expenditure and the Youth Facility Bond Act of
1988 for youth centers and youth shelters, and under the Youth Center
and Youth Shelter Bond Act of 1988.
Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Title 4.8, Penal Code; and Division 2.5, Chapter 2, Welfare and Institutions
Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4476. Definitions.
(a) "Act" means the County Correctional Facility Capital Expenditure
and the Youth Facility Bond Act of 1988 and Youth Center and Youth
Shelter Bond Act of 1988.
(b) "Director" means Director of the Department of the Youth Author-
ity.
(c) "Funding cycle" means a set period of time during which the De-
partment arranges eligible applications into priority order and decides
which projects to fund under the Act.
(d) "In kind match" means the value of land, buildings, equipment, up
to 10% of the administrative time, and all volunteer services contributed
by the applicant to the total cost of the project.
(e) "Joint venture" means a relationship between private nonprofit and
public agencies which is created by contract or agreement to combine
their property, money, skill and/or knowledge to acquire, renovate, con-
struct and/or equip and operate a youth center or youth shelter.
(f) "Project funding list" means either a youth center/or youth shelter
hst of projects arranged in the priority order in which they may be funded
under the Act.
(g) "Contractor" means an organization that has been awarded funding
under this Act.
(h) "Request for Proposal" is a solicitation which the Department uses
to inform the public of the availability of funding under this Act.
Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections Title 4.8, Penal Code; and Sections 2001(c), 201 1, 2017(.'^)(A)(i),
20]7(3)(B) and 2018(a)(2)(B), Welfare and Institutions Code.
History
1 . New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
Article 2. Eligibility for Funding
§ 4477. Starting Date.
Costs eligible for funding under the Act shall be only those costs obli-
gated on or after the date that funds are awarded to the contractor.
NoTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 4496.10, Penal Code; and Section 2010, Welfare and Institutions
Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4). 7(
§ 4478. Location of Projects.
An eligible project shall operate wholly within the State of California.
NOTE; Authority cited: Section 1712(b). Welfare and Institutions Code. Refer-
ence: Section 2018, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4478.1 . Institutions Ineligible for Funding.
Institutions and camps administered by the Department of the Youth
Authority pursuant to Section 1000 of the Welfare and Institutions Code
Page 237
Register 98, No. 9; 2-27-98
§4479
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
and county juvenile facilities established pursuant to Sections 850, 870,
881 and 894 of the Welfare and Institutions Code shall not be eligible.
NOTH; Authority cited: Section 1712(b). Welfare and Institutions Code. Reler-
ence: Sections 636.2, 654, 850, 88 1 , 894, 1 000 and 20 11 , Welfare and Institutions
Code.
History
1 . New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
Article 3. Application for Funds
§ 4479. Application Guidelines.
Any private nonprofit or public agency or joint venture may submit an
application for funds made available to the Department for the purpose
of acquiring, renovating, constructing, and/or purchasing equipment for
youth centers and youth shelters in the form and manner prescribed by
the Department as follows:
(a) A description of the Agency showing current programs and ser-
vices and the capacity to sustain the on-going operation of the facility.
(b) A description of the present and future need in the applicant's ser-
vice area concerning the project.
(c) A description of the project including: type, scope, location, time
required for completion, and projected capacity.
(d) A description of the programs and services that will be offered.
(e) A description of the plan for acquisition, renovation, construction,
and/or equipment purchases.
(0 A certified copy of the County Tax Assessor' s main roll value of
the property to be acquired or renovated.
(g) A description of the equipment being requested.
(h) A project budget and financing plan showing all costs related to the
project.
(i) A description of the cost-effectiveness of the project.
(j) A description of the process that will be used to receive and consider
feedback from the community and youth served.
(k) A description of referral sources and resources that would reflect
coordination with other organizations.
(1) A governing body resolution affirming commitment to meet all
statutory and regulatory requirements.
(m) A copy of an agreement between parties if the applicant is a joint
venture.
(n) A certified statement of insurance coverage for the project.
NOTE; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 201 1, 2012, 2016 and 2018, Welfare and Institutions Code.
History
1. New section filed I-l 1-90; operative I-1 1-90 (Register 90, No. 4).
§ 4481 . Time Schedule.
(a) Private nonprofit agencies, public agencies and joint ventures may
not apply for funds until the Department distributes the Request for Pro-
posal.
(b) The Director shall set a date for the start and close of any funding
cycle.
(c) Applications received after the submission deadline of a funding
cycle will not be considered in that funding cycle.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 2016 and 2018(a)(1), Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
Article 4. Funding Decisions
§ 4483. Funding Cycles.
Funds shall be awarded through one or more funding cycles.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 2018(c), Welfare and Institutions Code.
History
1. New section filed 1-11-90; operative 1-11-90 (Register 90, No. 4).
§ 4484. Placing Applications in Priority Order.
During each funding cycle the Department shall rank youth center
applications separately from youth shelter applications by priority.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 2018(c), Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-11-90 (Register 90, No. 4).
§ 4485. Project Funding Decision.
(a) The Director shall make funding decisions within ninety (90) days
after the closing date of the funding cycle.
(b) Projects shall be funded by rank in descending order, as they appear
on the Youth Center and Youth Shelter project funding lists.
(c) The Director may adjust the order of the project funding lists to as-
sure a geographical distribution of projects.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 2018(a)(1), 2018(c) and 2020, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4486. Failure to Execute Contract.
Awarded funds not used within the contract period or because a con-
tract is not executed shall be returned to the Department. Unused funds
may be awarded in a subsequent funding cycle.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Secdon 2(a) following Section 2022, Welfare and Institutions Code.
History
1. New section filed I-l 1-90; operative 1-1 1-90 (Register 90, No. 4).
Article 5. Administration of Funds
§ 4487. Acquisition, Renovation, and Construction Costs.
(a) Eligible Costs.
Acquisition, renovation, and construction costs incurred during the
contract period will be eligible for funding. All such costs must be sup-
ported by appropriate invoices, purchase orders, cancelled warrants, and
other records. Non- construction or nonacquisition costs including but
not limited to direct project administration, preparation of plans and
specifications, and appraisals shall not exceed 25% of funds awarded.
Examples of eligible costs include:
( 1 ) Preliminary costs: Costs such as construction plans, appraisals, and
acquisition negotiations incurred after the date of appropriation, pro-
vided that a contract for the project is executed by the state and the appli-
cant.
(2) Signs and interpretive aids: Costs of signs, display boards, or other
minor interpretive aids relating to the project.
(3) Construction: Cost of all necessary construction activities, from
site preparation such as demolition, excavation, and grading to the com-
pletion of a structure or facility.
(4) Acquisition: Costs of acquiring real property, which may include
the purchase price of the property, appraisals, surveys, preliminary title
reports, escrow fees, title insurance fees, and court costs of condemna-
tion.
(5) Relocation costs: Relocation costs are allowable for projects that
result in displacement of any person and/or business. The applicant must
comply with the requirements of the State Relocation Act (Chapter 16
Government Code, Section 7260 et seq.) even when relocation costs are
not claimed for reimbursement.
(6) Other expenditures: In addition to the major categories of expendi-
tures, reimbursements may be made for miscellaneous costs necessary
for execution of the project, such as, communications, and hazard and li-
ability insurance to cover personnel and/or property.
(b) Ineligible Costs.
Costs that are not required to acquire, renovate, construct, or equip a
Youth Center or Youth Shelter shall be ineligible for funding under the
Act.
The following is a nonexclusive list of ineligible costs:
(1) Ceremonial or ribbon cutting expenses
Page 238
Register 98, No. 9; 2-27-98
Title 15
Department of the Youth Authority
§4496
(2) Expenses for publicity
(3) Bonus payments of any kind
(4) Charges for contingency reserves or other similar reserves
(5) Charges in excess of the lowest bid, when competitive bidding is
required by the state or the applicant, unless the state agrees in advance
to the higher cost
(6) Charges for deficits or overdrafts
(7) Taxes for which the applicant would not have been liable
(8) Charges incurred contrary to the policies and practices of the appli-
cant
(9) Interest expense
(10) Damage judgments arising from acquisition, construction or
equipping of a youth center or youth shelter, whether determined by judi-
cial process, arbitration, negotiation, or otherwise
(11) Services, materials, or equipment funded under any other state
program
(12) Cost of discounts not taken
(13) Travel claimed when no work time was claimed for the same peri-
od
(14) Unapproved cost overruns, exceeding the amount specified in the
contract
(15) The surcharge payable by the applicant for a project in which
there is federal participation.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 2001, Welfare and Institutions Code.
History
1 . New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4488. Equipment.
Equipment may be purchased when all three of the following require-
ments are met:
(a) normal useful life exceeds one year;
(b) unit acquisition cost is $300 or more; and
(c) used to conduct youth center and/or youth shelter programs, activi-
ties, and services.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Section 2001, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4489. Contract.
There shall be a contract betease state funds needed to complete the
project require the prior written approval of the Department.
NOTE: Authority cited: Section 1712(b). Welfare and Institutions Code. Refer-
ence: Sections 2000 through 2022, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4490. Disbursement of Funds.
(a) Upon approval of a contract, up to 25% of the award may be dis-
bursed in advance to a nonprofit agency.
(b) Contractor requests for payments shall include supporting docu-
mentation required by the Department. Examples of supporting docu-
mentation include but may not be limited to: copies of invoices and can-
celled warrants or receipts. The Department shall notify the contractor of
deficiencies in the request.
NOTE: Authority cited: Section 1712(b), Welfare and Institution Code. Reference:
Section 2(a), Chapter 1535 stats of 1988; and Section 2001, Welfare and Institu-
tions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4491 . Project Modifications.
Project modifications proposed after a contract is signed which alter
the project scope, location, size, capacity, alter the quality of major items
of equipment, or increase state funds needed to complete the project re-
quire the prior written approval of the Department.
Note; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 2000 through 2022, Welfare and Institutions Code.
History
1. New section filed 1-11-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4492. Accounting.
The contractor shall maintain an accounting system accurately reflect-
ing fiscal transactions, with the necessary controls and safeguards. This
system shall provide audit trails, including the source of original docu-
ments such as receipts, progress payments, invoices, time cards. The sys-
tem shall also provide accounting data which allows determination of the
total costs of each project. Accounting records must be retained for three
years after the State's final payment.
Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 201 1, 2012, 2013(a), and 2016, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4493. Monitoring.
The Department shall monitor contractor's administration of funds for
compliance with the approved application, contract, these regulations,
and the statutes.
NOTE: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 2011, 2012 and 2014, Welfare and Institutions Code.
History
1. New section filed I-l 1-90; operative 1-1 1-90 (Regi-ster 90. No. 4).
§ 4494. Completion of Project.
The contractor shall complete the project in accordance with the con-
tract. If the contractor does not proceed as agreed in the contract, the De-
partment shall give written notice of failure to comply with terms of the
contract and may terminate the contract.
NOTE; Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 201 1, 2012, 2018 and 2020, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4495. Required Reports.
(a) Quarterly Reports. The contractor shall submit quarterly progress
reports to the Department during the term of the contract. The reports
shall include a report of progress made during the reporting period,
change orders issued, invoices submitted, and project payments made by
the contractor.
(b) Final Financial Statement. The contractor shall submit an accept-
able final accoundng to the Department not later than ninety (90) days
following completion of the project. A later date may be authorized by
the Department.
Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 201 1 and 2012, Welfare and Institufions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
§ 4496. Audits.
The State of California reserves the right to audit the contractor's ac-
counting records relating to the administration of the Act. The contractor
shall provide access to the facility, premises and records related to any
project funded under the Act. This shall extend to the contractor's sub-
contractors, including personal services contracts. The contractor shall
provide reasonable assurances of having a systematic method to afford
timely and appropriate resolution of audit findings and recommenda-
tions.
Improper expenditure of state funds disclosed in audits shall be recov-
ered by the Department through withholding payments and/or repayment
by the contractor at the discretion of the Department.
Note: Authority cited: Section 1712(b), Welfare and Institutions Code. Refer-
ence: Sections 201 1, 2012, 2018(c) and 2020, Welfare and Institutions Code.
History
1. New section filed 1-1 1-90; operative 1-1 1-90 (Register 90, No. 4).
2. Editorial correction of History Note 1 and deletion of duplicate History Noth
(Register 95, No. 14).
Page 239
Register 96, No. 27; 7-5-96
§4500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Subchapter 7. Minimum Standards for the
Detention of Minors in Jail
Article 1. General Provisions
§ 4500. Introduction.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 207.1, Welfare and Institutions Code.
History
1. New Subchapter 7 (Sections 4500^549, not consecutive) filed 6-28-79 as an
emergency; designated effective 6-29-79 (Register 79, No. 26). Certificate of
Compliance included.
2. Amendment of subsection (a) filed 2-28-80; effective thirtieth day thereafter
(Register 80, No. 9).
3. Amendment filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
4. Change without regulatoi7 effect repealing subchapter 7 (articles 1-7, sections
4500-4548), article I (sections 4500-4506) and section filed 7-2-96 pursuant
to secdon 100. title 1, California Code of Regulations (Register 96, No. 27).
§4501. Definitions.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 208, 209 and 1712, Welfare and Institutions Code.
History
1. Amendment filed 11-2-82 as an emergency; effective upon filine (Register
82,No. 46).
2. Order of Repeal of 1 1-2-82 emergency order filed 1 1-9-82 by OAL pursuant
to Government Code Section 11349.6 (Register 82, No. 46).
3. Amendment filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
4. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, title 1, California Code of Regulations (Register 96, No. 27).
§ 4502. Restrictions on Contact with Adult Prisoners.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdon 206, 207.1 and 208, Welfare and Institutions Code.
History
1 . Repealer and new section filed 1 1-2-82 as an emergency; effective upon filing
(Register 82, No. 46).
2. Order of Repeal of 1 1-2-82 emergency order filed 1 1-9-82 by OAL pursuant
to Government Code Secdon 1 1349.6 (Register 82, No. 46).
3. Repealer and new secdon filed 8-5-87; operadve 9-4-87 (Register 87, No. 32).
4. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, dtle 1, California Code of Reguladons (Register 96, No. 27).
§ 4503. Statutory Authority.
NOTE: Authority cited: Secdons 209 and 1751, Welfare and Institudons Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Repealer filed 8-5-87; operadve 9-4-87 (Register 87, No. 32).
§ 4504. Annual Inspection.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdons 207.1, 209 and 707(b), Welfare and Institutions Code.
History
1 . Amendment filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
2. Repealer filed 6-8-94; operadve 7-7-94 (Register 94, No. 23).
§ 4505. Appeal.
NOTE; Authority cited: Secdon 1712, Welfare and Insdtutions Code. Reference:
Section 1712, Welfare and Insdtudons Code.
History
1. Amendment filed 8-5-87; operadve 9-4-87 (Register 87, No. 32).
2. Repealer filed 6-8-94; operadve 7-7-94 (Register 94, No. 23).
§ 4506. Submittal of Plans and Specifications.
NOTE; Authority cited: Section 1712, Welfare and Insdtudons Code. Reference:
Secdon 209, Welfare and Institutions Code.
History
1. Amendment filed 8-5-87; operadve 9-4-87 (Register 87, No. 32).
2. Change without regulatory effect repealing secdon filed 7-2-96 pursuant to
secdon 100, dtle 1, California Code of Regulations (Register 96, No. 27).
Article 2. Records and Statistics
§ 4510. Annual Reporting Requirements.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Institudons Code.
Reference: Section 209, Welfare and Insdtutions Code.
History
1. Repealer filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
§ 451 1 . Monthly Population Report.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Insdtutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Repealer filed 8-5-87; operadve 9-4-87 (Register 87, No. 32).
§ 4512. Report of Death of a Minor While Detained.
NOTE: Authority cited: Sections 209 and 1751, Welfaie and Institutions Code.
Reference: Section 209, Welfare and Insdtutions Code.
History
1. Repealer filed 6-8-94; operative 7-7-94 (Register 94, No. 23).
Article 3. Planning and Design
§ 4516. Living Areas for Minors.
NOTE; Authority cited: Secdon 1751, Welfare and Institutions Code. Reference:
Secdons 208 and 209, Welfare and Institudons Code.
History
1 . Amendment filed 1 1-2-82 as an emeraency; effective upon filing (Reaister 82,
No. 46).
2. Order of Repeal of 1 1-2-82 emergency order filed 1 1-9-82 by OAL pursuant
to Government Code Section 11349.6 (Register 82, No. 46).
3. Change without regulatory effect repealing article 3 (secdons 4516-4527) and
secdon filed 7-2-96 pursuant to section 1 00, dtle 1 , California Code of Regula-
tions (Register 96, No. 27).
§4517. Single Occupancy Cells.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Insdtutions Code.
Reference: Secdon 209, Welfare and Insdtudons Code.
History
I . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fide 1, Cahfomia Code of Reguladons (Register 96, No. 27).
§4518. Multiple Occupancy Cells.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Institudons Code.
Reference: Section 209, Welfare and Insdtudons Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, tide 1, California Code of Reguladons (Register 96, No. 27).
§ 4519. Bed and Mattress.
NOTE; Authority cited: Sections 209 and 1751, Welfare and Institutions Code.
Reference: Secdon 209, Welfare and Insdtutions Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, tide 1, California Code of Reguladons (Register 96. No. 27).
§ 4520. Dayroom.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Institudons Code.
Reference: Section 209, Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, dde 1, California Code of Reguladons (Register 96, No. 27).
§ 4521. Toilets/Urinals, Wash Basin and Showers.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Institutions Code.
Reference: Secdon 209, Welfare and Insdtudons Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, dde 1, California Code of Reguladons (Register 96, No. 27).
§ 4522. Drinking Fountains.
NOTE; Authority cited: Secdons 209 and 1751, Welfare and Insdtudons Code.
Reference: Secdon 209, Welfare and Insdtudons Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, dde 1, Cahfomia Code of Reguladons (Register 96, No. 27).
Page 240
Register 96, No. 27; 7-5-96
Title 15
Department of the Youth Authority
§4547
§ 4523. Lighting.
NOTH: Authority cited: Sections 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Regi.sler 96, No. 27).
§ 4524. Heating and Cooling.
NOTt;: Authority cited: Sections 209 and 1751. Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 27).
§ 4525. l\/laximum Capacity.
NoTH: Authority cited: Secfions 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Amendment filed 6-8-94; operafive 7-7-94 (Register 94, No. 23).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 27).
§ 4526. Existing Jail or Lockup.
NOTE: Authority cited; Sections 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Amendment filed 6-8-94; operative 7-7-94 (Register 94, No. 23).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1, California Code of Regulations (Register 96, No. 27).
§ 4527. Subsidiary inspection.
Note; Authority cited: Sections 209 and 1712, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1 . New section filed 2-28-80; effective thirtieth day thereafter (Register 80, No.
9).
2. Amendment filed 8-5-87; operafive 9-4-87 (Register 87, No. 32).
3. Amendment filed 6-8-94; operative 7-7-94 (Register 94, No. 23).
4. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
§ 4535. Handling of Special Needs of Minors.
Note: Authority cited: Sections 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Repealer filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
Article 4. Intake and Release
§ 4530. Admittance Procedures.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfion 209, Welfare and Insfitutions Code.
History
1. Amendment filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
2. Change without regulatory effect repealing article 4 (sections 4530^531) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
fions (Register 96, No. 27).
§ 4531 . Release Procedures.
NOTE: Authority cited: Secfions 209 and 1751, Welfare and Insfitufions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
section 100, dtle I, California Code of Regulations (Register 96, No. 27).
Article 5. Supervision of Minors
§ 4534. Supervision of Minors.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 206 and 207.1, Welfare and Institufions Code.
History
1. Amendment filed 8-5-87; operafive 9-4-87 (Register 87, No. 32).
2. Change without regulatory effect repealing article 5 (sections 4534^535) and
section filed 7-2-96 pursuant to secfion 100, fitle 1, California Code of Regula-
tions (Register 96, No. 27).
Article 6. Health and Welfare
§ 4538. Medical Services.
Note; Authority cited: Secfions 209 and 1751, Welfare and Institutions Code.
Reference: Section 209. Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing article 6 (sections 4538-4542) and
section filed 7-2-96 pursuant to section 1 00, title 1 . California Code of Regula-
tions (Register 96, No. 27).
§ 4539. Medical Procedures.
NOTE; Authority cited: Secfion 1712, Welfare and Institufions Code. Reference:
Secfion 209, Welfare and Institutions Code.
History
1 . Amendment of first paragraph only filed 8-5-7; operative 9-4-87 (Register 87,
No. 32).
2. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
secfion 100, tide 1, California Code of Regulafions (Register 96, No. 27).
§ 4540. Food and Nutrition.
NOTE; Authority cited: Section 1712, Welfare and Institufions Code. Reference:
Section 209, Welfare and Institufions Code.
History
1. Amendment filed 8-5-87; operafive 9-4-87 (Register 87, No. 32).
2. Editorial correction of History Noti-; 1 (Register 95, No. 14).
3. Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
§ 4541 . Clothing and Personal Hygiene.
NOTE; Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfion 209, Welfare and Institutions Code.
History
1 . Repealer of subsecfion (d) filed 8-5-87; operafive 9-4-87 (Register 87, No. 32).
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, fitle 1, California Code of Regulafions (Register 96, No. 27).
§ 4542. Bedding and Linen.
NOTE; Authority cited: Secfions 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institufions Code.
History
1. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, fide 1, California Code of Regulafions (Register 96, No. 27).
Article 7. Program and Activities
§ 4545. Recreation Programs.
Note; Authority cited: Secfions 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Insfitutions Code.
History
1. Change without regulatory effect repealing article 7 (sections 4545-4549) and
secfion filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
fions (Register 96, No. 27).
§ 4546. Visiting.
NOTE; Authority cited: Secfions 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing secfion filed 7-2-96 pursuant to
secfion 100, tide 1, California Code of Regulafions (Register 96, No. 27).
§ 4547. Correspondence.
NOTE: Authority cited: Secfion 1712, Welfare and Insfitutions Code. Reference:
Section 209, Welfare and Institufions Code.
History
1 . Repealer of subsecfion (d) filed 8-5-87; operative 9^1-87 (Register 87, No. 32).
Page 241
Register 96, No. 27; 7-5-96
§4548
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100. title 1 , California Code of Regulations (Register 96. No. 27).
§ 4548. Disciplinary Procedure.
NOTEi; Authority cited: Sections 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1 . Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100. title 1, California Code of Regulations (Register 96, No. 27).
§ 4549. Religious Program.
NOTE: Authority cited: Sections 209 and 1751, Welfare and Institutions Code.
Reference: Section 209, Welfare and Institutions Code.
History
1. Repealer filed 8-5-87; operative 9-4-87 (Register 87, No. 32).
Subchapter 7.5. Standards for the
Temporary Custody of Minors in Law
Enforcement Facilities
Article 1. General Provisions
§ 4550. Purpose.
NOTE: Authority cited: Sections 210.2(a) and 1712(b). Welfare and Institutions
Code. Reference: Section 210.2(a), Welfare and Institutions Code.
History
1. New Subchapter 7.5 (Articles 1-4, Secdons 4550-4566, not consecutive) filed
3-26-87 as an emergency ; effective upon filing (Register 87, No. 15). A Certifi-
cate of Compliance must be transmitted to OAL within 120 days or emergency
language will be repealed on 7-24-87.
2. New Subchapter 7.5 (Articles 1-4, Sections 4550^566, not consecutive) re-
filed 7-24-87 as an emergency; operative 7-24-87 (Register 87, No. 30). A
Certificate of Compliance must be transmitted to OAL within 1 20 days or emer-
gency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New Subchapter 7.5
(Articles 1-4, Sections 4550-4566, not consecutive) refiled 1 1-24-87; opera-
tive 1 1-24-87 (Register 87, No. 49). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language will be repealed on
3-24-88.
4. Certificate of Compliance transmitted to OAL 2-25-88 and filed 3-25-88
(Register 88, No. 16).
5. Change without regulatory effect repealing subchapter 7.5 (articles 1-4, sec-
tions 4550-4566), article 1 (sections 4550-4551 ) and section filed 7-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
27).
§4551. Definitions.
NOTE: Authority cited: Sections 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(d) and (h)(2). Welfare and Institufions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operafive 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 11-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New section refiled
11-24-87; operative 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment of subsections (c) and (e) trans-
mitted to OAL 2-25-88 and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 2. Temporary Custody in a Law
Enforcement Facility
§ 4552. Minors Arrested for Law Violations.
NOTE: Authority cited: Sections 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(d), Welfare and Institufions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency reculation filed 1 1-19-87. New section refiled
1 1-24-87; operafive 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance transmitted to OAL 2-25-88 and filed 3-25-88
(Register 88, No. 16).
5. Change without regulatory effect repealing article 2 (.sections 4552-4556) and
secfion filed 7-2-96 pursuant to section 100. title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4553. Written Policies and Procedures.
NOTE: Authority cited: Secfions 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(d). Welfare and Insfitutions Code.
History
1 . New section filed 3-26-87 as an emergency; effecfive upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulafion filed 1 1-19-87. New section refiled
1 1-24-87; operative 1 1-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 1 20 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment of first paragraph transmitted
to OAL 2-25-88 and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repeahng section filed 7-2-96 pursuant to
secfion 100, title 1, California Code of Regulafions (Register 96, No. 27).
§ 4554. Time Limit.
NOTE: Authority cited: Secfions 210.2(a) and 1712(b), Welfare and Insfitufions
Code. Reference: Section 207.1(d), Welfare and Insfitutions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New secfion refiled
11-24-87; operafive 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance transmitted to OAL 2-25-88 and filed 3-25-88
(Register 88, No. 16).
5. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, tide 1, California Code of Regulafions (Register 96, No. 27).
§ 4555. Care of Minors in Temporary Custody.
NOTE: Authority cited: Secfions 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(d), Welfare and Insfitufions Code.
History
1 . New section filed 3-26-87 as an emergency; effecfive upon filing (Register 87,
No. 15). A Certificate of Comphance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operafive 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 11-19-87. New secfion refiled
11-24-87; operafive 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 1 20 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment transmitted to OAL 2-25-88
and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secfion 100, fitle 1, CaUfomia Code of Regulations (Register 96, No. 27).
§ 4556. Contact Between Minors and Adult Prisoners.
NOTE: Authority cited: Secfions 210.2(a) and 1712(b), Welfare and Institufions
Code. Reference: Sections 207.1(d) and 208, Welfare and Institufions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Comphance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
Page 242
Register 96, No. 27; 7-5-96
Title 15
Department of the Youth Authority
§ 4565
2. New section refiled 7-24-87 as an emergency: operative 7-24-87 (Register
87, No. 30). ACertifieateofComplianee must be transmitted toOAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New section refiled
11 -24-87; operative 1 1-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance includine amendment transmitted to OAL 2-25-88
and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing section filed 7-2-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 27).
Article 3. Secure Detention During
Temporary Custody
§ 4560. Criteria for Secure Detention.
NOTK: Authority cited: Sections 210.2(a) and 1712(b). Welfare and Insdtutions
Code. Reference: Section 207.1(d), Welfare and Institutions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New secfion refiled 7-24-87 as an emergency; operadve 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New section refiled
11-24-87; operative 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including repealer of Section 4560 transmitted to
OAL 2-25-88 and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing article 3 (.secfions 4560-4563) and
section filed 7-2-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 27).
§ 4561 . Conditions of Secure Detention.
NOTE; Authority cited: Sections 210.2(a) and 1712(b), Welfare and Insdtutions
Code. Reference: Sections 207.1(d) and 208, Welfare and Insdtutions Code.
History
1 . New secdon filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operadve 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency reguladon filed 1 1-19-87. New secdon refiled
11-24-87; operadve 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment of first paragraph transmitted
to OAL 2-25-88 and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing secdon filed 7-2-96 pursuant to
secdon 100, dde 1, California Code of Regulations (Register 96, No. 27).
§ 4561 .1 . Secure Detention Inside of a Locked Enclosure.
Note: Authority cited: Secdons 210.2(a) and 1712(b), Welfare and Insdtudons
Code. Reference: Secdon 207.1(d), Welfare and Insdtudons Code.
History
1 . New secdon filed 3-26-87 as an emergency; effecdve upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operadve 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New secdon refiled
11-24-87; operative 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment of subsection (a)(2) and new
.subsection (d) transmitted to OAL 2-25-88 and filed 3-25-88 (Register 88, No.
16).
5. Change without regulatory effect repealing secdon filed 7-2-96 pursuant to
section 100, tide 1, California Code of Reguladons (Register 96, No. 27).
§ 4561 .2. Secure Detention Outside of a Locked Enclosure.
NOTE: Authority cited: Sections 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Section 207.1(d), Welfare and Institutions Code.
History
1. New section filed 3-26-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24—87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New section refiled
11-24-87; operative 11-24-87 (Register 87. No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance transmitted to OAL 2-25-88 and filed 3-25-88
(Register 88, No. 16).
5. Change without regulatory effect repealing section filed 7-2-96 pursuant to
secdon 100, dde 1, California Code of Reguladons (Register 96, No. 27).
§ 4562. Information to Minor.
NOTE: Authority cited: Sections 210.2a) and 1712(b), Welfare and Insdtutions
Code. Reference: Secdon 207.1(d)(3), Welfare and Institutions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87.
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of CompHance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 11-19-87. New section refiled
11-24-87; operadve 11-24-87 (Register 87. No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of CompHance including repealer of Section 4562 transmitted to
OAL 2-25-88 and filed 3-25-88 (Register 88, No. 16).
§ 4563. Written Record of Secure Detention.
NOTE: Authority cited: Secdons 210.2(a) and 1712(b), Welfare and Institutions
Code. Reference: Secdon 207.1(d)(6), Welfare and Institutions Code.
History
1. New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of CompHance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency regulation filed 1 1-19-87. New secdon refiled
11-24-87; operadve 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including repealer of Secdon 4563 transmitted to
OAL 2-25-88 and filed 3-25-88 (Register 88. No. 16).
Article 4. Nonsecure Custody During
Temporary Custody
§ 4565. Criteria for Nonsecure Custody.
NOTE: Authority cited: Sections 210.2(a) and 1712(b). Welfare and Insdtutions
Code. Reference: Secdons 207.1(d) and 210.2, Welfare and Institutions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing ( Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New secdon refiled 7-24-87 as an emergency; operadve 7-24-87 (Register 87,
No. 30). A Certificate of CompHance must be transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emergency reguladon filed 1 1-19-87. New section refiled
11-24-87; operadve 11-24-87 (Register 87, No. 49). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment transmitted to OAL 2-25-88
and filed 3-25-88 (Register 88, No. 16).
5. Change without regulatory effect repealing article 4 (sections 4565-4566) and
secdon filed 7-2-96 pursuant to secdon 1 00. title 1 . California Code of Regula-
tions (Register 96, No. 27).
Page 243
Register 96, No. 27; 7-5-96
§4566
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 4566. Supervision of IVIinors in Nonsecure Custody.
NOTE: Authority cited: Sections 210.2(a) and 1712(b). Welfare and Institutions
Code. Reference: Sections 207.1(d) and 210.2(a), Welfare and Institutions Code.
History
1 . New section filed 3-26-87 as an emergency; effective upon filing (Register 87,
No. 15). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 7-24-87.
2. New section refiled 7-24-87 as an emergency; operative 7-24-87 (Register 87,
No. 30). A Certificate of Compliance must i3e transmitted to OAL within 120
days or emergency language will be repealed on 1 1-23-87.
3. Request to readopt emersency regulation filed 1 1-19-87. New section refiled
11-24-87; operative 11-24-87 (Register 87. No. 9). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 3-24-88.
4. Certificate of Compliance including amendment transmitted to OAL 2-25-88
and filed 3-25-88 (Register 88, No. 16).
5. Change without regulator effect repealing section filed 7-2-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 27).
Subchapter 8.
Status Offender Detention
Grants
§ 4585. Definitions.
NOTE: Authority cited: Sections 207, 210, 171 1 .2 and 1751, Welfare and Institu-
tions Code. Reference: Secfion 207, Welfare and Institutions Code.
History
1 . New Subchapter 8 (Sections 4585-4596) filed 1 1-15-78 as an emergency; ef-
fective upon filing (Register 78, No. 46).
2. Certificate of Compliance filed 3-13-79 (Register 79, No. 11).
3. Repealerof Subchapter 8 (Articles 1-3, Sections 4585-4597) filed 3-20-87;ef-
fective thirtieth day thereafter (Register 87, No. 12).
§ 4586. Request for Funds.
NOTE: Authority cited: Sections 207, 210, 171 1.2 and 1751, Welfare and Institu-
tions Code. Reference: Section 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
§ 4587. Capital Construction.
NOTE: Authority cited: Sections 207. 210, 171 1.2 and 1751, Welfare and Institu-
tions Code. Reference; Section 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effecdve thirtieth day thereafter (Register 87, No. 12).
§ 4588. Encumbered Funds.
NOTE: Authority cited: Sections 207, 210, 1711 .2 and 1751, Welfare and Institu-
tions Code. Reference: Section 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effecdve thirtieth day thereafter (Register 87, No. 1 2).
Article 2. General Provisions
§ 4589. Legislative Intent.
NOTE: Authority cited; Sections 207, 210, 171 1 .2 and 1751, Welfare and Institu-
tions Code. Reference; Secfion 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
§ 4590. Use of Funds.
NOTE: Authority cited; Sections 207, 210, 1712 and 1751, Welfare and Insfitu-
tions Code. Reference; Section 207, Welfare and Institudons Code.
History
1 . Amendment filed 1 0-1 5-80; effective thirtieth day thereafter (Register 80. No.
42).
2. Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
Article 3. Administration of Funds
§ 4591 . Request for Funds.
NOTE: Authority cited: Sections 207, 210, 171 1.2 and 1751, Welfare and Insdtu-
dons Code. Reference; Section 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
§ 4592. Approval.
NOTE: Authority cited: Sections 207, 210. 171 1.2 and 1751, Welfare and Insdtu-
tions Code. Reference; Section 207, Welfare and Insdtudons Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
§ 4593. Notice of Approval.
NOTE: Authority cited: Sections 207, 210, 171 1.2 and 1751, Welfare and Insdtu-
dons Code. Reference: Secdon 207, Welfare and Insdtudons Code.
History
1 . Repealer filed 3-20-87; effecdve thirtieth day thereafter (Register 87, No. 12).
§ 4594. Unused Funds.
NOTE: Authority cited: Sections 207, 210, 171 1 .2 and 1751, Welfare and Insdtu-
tions Code. Reference; Secdon 207, Welfare and Insdtudons Code.
History
1 . Repealer filed 3-20-87; effecdve thirtieth day thereafter (Register 87, No. 12).
§ 4595. Records.
NOTE; Authority cited: Sections 207, 210, 1711.2 and 1751, Welfare and Insdtu-
dons Code. Reference: Secdon 207, Welfare and Insdtudons Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
§ 4596. Audit of Records.
NOTE: Authority cited: Sections 207, 210, 1711.2 and 1751, Welfare and Institu-
dons Code. Reference: Secdon 207, Welfare and Institutions Code.
History
1 . Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 1 2).
§ 4597. Further Allocation of Available Funds.
NOTE: Authority cited; Sections 207, 210, 1711.3 and 1751, Welfare and Insdtu-
dons Code. Reference; Section 207, Welfare and Insdtudons Code.
History
1. New secdon filed 3-13-79; effective thirtieth day thereafter (Register 79, No.
11).
2. Repealer filed 3-20-87; effective thirtieth day thereafter (Register 87, No. 12).
[The next page is 247.]
Page 244
Register 96, No. 27; 7-5-96
Title 15
Department of the Youth Authority
§4619
Chapter 3. Institutions and Camps Services
Subchapter 1. General Provisions
Article 1. Definitions
§ 4600. Definitions.
For the purpose of the regulations contained in this chapter, tlie follow-
ing words are defined:
(a) Additional Commitment. "Additional commitment" means a com-
mitment made subsequent to the original commitment and prior to re-
lease on parole from the original commitment.
(b) Contraband. "Contraband" means any substance or material which
a ward is prohibited from possessing.
(c) DDMS (Disciplinary Decision Making System). "DDMS" is a pro-
cess which ensures wards the right to due process in disciplinary matters.
(d) New Commitment. "New commitment" means a commitment to
the Youth Authority without any current status as a Youth Authority
ward.
(e) Program manager "Program Manager" means a person responsible
for the management of a program in an institution, camp, or parole re-
gion.
(f) Recommitment. "Recommitment" means a commitment made by
a court back to the Youth Authority when the ward is on parole.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1002 and 1752, Welfare and Institutions Code.
History
1. New Chapter 3 (Subchapters 1-3, Sections 4600-4768, not consecutive) filed
5-3-79 as procedural and organizational; effective thirtieth day thereafter
(Register 79, No. 18).
2. Editorial correction of Chapter heading (Register 79, No. 32).
3. Editorial correction of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
Article 2. Authority and Objectives
§ 4601 . Objectives of Branch.
NOTE; Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711 .3 and 1752, Welfare and Insti-
tutions Code.
History
1 . 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).
§ 4602. Program Assignments.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1 002, 1711.3 and 1 752, Welfare and Insti-
tutions Code.
History
1 . Order of Repeal filed 6 — 85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4603. Plans for Emergencies.
(a) (Reserved)
(b) Employees or visitors to institutions or camps who are taken as hos-
tage by wards for the purpose of an escape or a disruption of institutional
operations, shall not be recognized as hostages for bargaining purposes.
NotE: Authority cited; Section 1712, Welfare and Institutions Code. Reference:
Sections 1002 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code SecUon 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 3. Diagnostic Services
§4610. Receiving Procedures.
Note: Authority cited: Sections 1001, 1002. 1004, 17 11. 3 and 1751. Welfare and
Institutions Code. Reference: Secfions 1002, 1711.3, 1752 and 1755.3. Welfare
and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7: effective thirtieth day thereafter (Register 85. No. 26).
§ 461 1 . Diagnostic Procedures.
A newly committed ward, county referral, federal or an out-of-state
contract case shall receive complete medical diagnostic services. Other
wards may receive either complete or partial diagnostic services. Such
services shall include:
(a) Referral to appropriate specialists as needed (medical specialist,
psychiatrist, psychologist, etc.). and the administering of clinical labora-
tory, x-ray, and other tests as indicated.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 704, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (b)-(g) filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effective thiitieth day thereafter (Register 85,
No. 26).
2. Editorial con-ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 4. Classification and Treatment
§ 4616. Institutional Receiving and Initial Classification.
NOTE: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751. Welfare and
Institutions Code. Reference: Sections 1002, 171 1.3 and 1752, Welfare and Insti-
tutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Goveminent Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4617. Institutional Treatment System.
(a) The ward shall be present throughout each case conference in order
to participate in the process unless:
(1) Information being discussed may be psychologically damaging to
the ward or others.
(2) The ward decides not to attend.
(3) The ward is hospitalized.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1002 and 1752, Welfare and Institutions Code.
History
1. Order of Repeal of first sentence of subsection (a) and subsection (b) filed
6-3-85 by OAL pursuant to Government Code Section 1 1 349.7; effective thir-
tieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4618. Initial Case Conference.
The treatment team shall establish treatment goals for the ward within
five weeks after the ward's assignment to the living unit.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Sections 1002 and 1752, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (a)-(c) filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effective thirtieth day thereafter ( Register 85.
No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4619. Initial Case Conference Report.
NOTE: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 171 1 .3 and 1752. Welfare and Insti-
tutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
Page 247
Register 2001, No. 25; 6-22-2001
§4620
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 4620. Progress Case Conference.
NoTIi: Authority cited: Sections 1001, 1002, 1004, 171 1.3, 1712 and 1751, Wel-
fare and Institutions Code. Reference: Sections 1002, 1711.3, 1712 and 1752,
Welfare and Institutions Code.
History
1 . Amendment of subsection (a) filed 4-30-80: effective thirtieth day thereafter
(Register 80, No. 18).
2. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4621 . Referral to Parole.
(a) When the ward has sufficiently satisfied the treatment goals set for
him. the treatment team may recommend referral to parole in accordance
with Section 4945:
( 1 ) When the parole consideration date set by the Board is reached, or
(2) Prior to the parole consideration date if the treatment team believes
that the parole consideration date should be modified.
(b) If the ward's placement in the community may bring reaction and
resistance from public agencies and groups of citizens, a community-
reaction investigation may be requested prior to recommending referral
to parole.
(c) (Reserved)
( 1 ) The ward shall be informed of the content and recommendation of
the case report prior to preparation in final form.
(2) The ward shall receive a copy of the report no later than five days
prior to the scheduled Board hearing date.
(d) A ward committed from juvenile court is not required to register
as a sex or narcotic offender, or arsonist.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1 002, 1 1 76, and 1752, Welfare and Institutions Code; Section 290, Penal
Code; and Section 1 1590, Health and Safety Code.
History
1 . Order of Repeal of subsection (c) paragraph only and subsection (d) except last
sentence filed 6-3-85 by OAL pursuant to Government Code Section 1 1349.7;
effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4621.1. Illegal Aliens.
(a) Institutionalized wards who are identified as illegal aliens shall re-
main in custody until they meet the criteria for release to parole.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Section 1008, Welfare and Institutions Code.
History
1 . New section filed 10-19-79; effecdve thirtieth day thereafter (Register 79. No.
42).
2. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
3. Order of Repeal of subsections (b)-(d) filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effecfive thirtieth day thereafter (Register 85,
No. 26).
4. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4621 .2. Transfer of Foreign Nationals.
(a) Any foreign national under the jurisdiction of the Department may
request transfer to his country of citizenship to serve his remaining con-
finement time if a treaty providing for such transfer is in force between
the United States and the ward's country of citizenship. To be eligible for
transfer, the foreign national shall;
(1) Be a citizen of the foreign country to which he is requesting trans-
fer.
(2) Have six or more months of available confinement time at the time
of transfer request.
(3) Have no pending appeals on the judgment or sentence.
(4) (Reserved)
(5) Not have been convicted of a political, military or immigration of-
fense.
(b) If the foreign national is eligible for transfer and the documentation
has been completed, he shall be calendared to appear before the Board.
The Board may deny the transfer or order the ward transferred to the pris-
oner exchange program for transfer to his county of citizenship.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfion 12012.1, Government Code.
History
1. New section filed 10-19-79; effective thirtieth day thereafter (Redster 79, No.
42).
2. Amendment filed 2-1-80; effective thirtieth day thereafter (Register 80. No. 5).
3. Order of Repeal of subsection (a)(4) filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 1 1349.7; effecfive thirtieth day thereafter (Register 85, No.
26).
4. Editorial correction of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4622. Annual Review.
The treatment team shall:
(a) Advise the ward that an annual review will be conducted.
(b) Prepare a comprehensive progress report reviewing the ward's ad-
justment for the entire year, including stays at other institutions or camps.
The report shall include:
(1) A recommendation to the Board, and
(2) A statement of dissenting opinions if there are substantial differ-
ences not resolved in the case conference.
(c) Schedule the ward for the annual review by the Board in confor-
mance with prescribed procedures.
(d) Inforin the ward of the content and recommendation of the case re-
port prior to preparation in final form.
(e) Provide the ward with a copy of the final case report no later than
five days prior to the scheduled Board hearing date.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1002 and 1752, Welfare and Institudons Code.
History
1. Order of Repeal of the first sentence filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 11 349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Editorial conecfion of Note filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of subsection (e) filed 6-19-2001 ; operafive 7-19-2001 (Register
2001, No. 25).
§ 4623. Case Reports to the Board.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and
InstitufionsCode. Reference: Secfions 1002, 171 1.3 and 1752, Welfare and Insfi-
tutions Code.
History
1. 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).
Article 5.
Disciplinary Decision Making
System
§ 4630. Disciplinary Actions.
(a) The Disciplinary Decision Making System (DDMS) is a process
which ensures a ward the right to due process in disciplinary matters.
(b) Disciplinary actions which have the effect of imposing a sanction,
depriving a ward of something possessed, or denying something which
a ward reasonably expects as part of his prescribed program because the
ward commits an institutional rule or law violation, shall be conducted
within the following constraints:
( 1 ) The ward shall have specific prior knowledge regarding his respon-
sibilides, institution rules, and individual program objecdves.
(2) Disciplinary acdons shall be determined fairly.
(3) Higher decision-making standards shall be applied as the potential
deprivafion to the ward increases.
(4) Disciplinary measures shall not be:
(A) Degrading or humiliadng to the ward.
(B) Disproportionate to the behavior requiring acdon.
NOTE: Authority cited: Secdon 1712, Welfare and Insdtudons Code. Reference:
Secfions IDOL 1002, 1004 and 1752, Welfare and Insdtudons Code.
History
1. Order of Repeal of subsection (b)(4)(c) filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effective thirtieth day thereafter (Register 85,
No. 26).
Page 248
Register 2001, No. 25; 6-22-2001
Title 15
Department of the Youth Authority
§ 4636
2. Kditorial correction of NOTE filed 1 1-21-85; effective thirtieth dav thereafter
(Register 85, No. 47).
§ 4631. Exemptions from Disciplinary Decision Making
System (DDIWS).
NOTH: Authority cited: Sections 1001, 1002, 1004, 1711. 3and 1751. Wei fare and
Institutions Code. Reference: Sections 1002, 171 1.3, 1752 and 1766. Welfore and
Institutions Code.
History
] . 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).
§ 4632. Wards' Rights and Responsibilities Under DDMS.
(a) A newly committed ward shall be provided with an orientation pro-
gram regarding his rights and responsibilities concerning DDMS.
(b) A ward shall be provided with specific information, as needed,
upon request.
(c) Institution mles shall be posted in conspicuous places.
(d) The staff shall assist a ward in understanding the institution rules
and his program objectives.
NOTE: Authority cited: Section 1712, Welfare and Institufions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial conection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4633. Decision Making Levels and Processes.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711. 3 and 1751, Welfai-e and
Institufions Code. Reference: Secfions 1002, 171 1.3 and 1752, Welfare and Insfi-
tufions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Secfion
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4634. DDMS Behaviors and Dispositions.
Disciplinary Decision Making System behaviors and dispositions are
as follows:
(a) Level A behaviors are rule violations or behaviors not requiring a
recommendation for an extension of the ward's Parole Consideration
Date (see Section 4945) to the Board.
(b) Level A dispositions:
(1) No action.
(2) Extra duty.
(3) Restriction of privileges.
(4) Ward lock-up for 24 hours or less.
(5) Room restriction not to exceed 90 days.
(6) Program restriction not to exceed 120 days.
(7) Loss of program credits not to exceed 120 days.
(c) Level B behaviors are:
(1) Those behaviors requiring a report to the Board as prescribed by
Section 4961.
(2) Those behaviors requiring a report to the Board as prescribed by
Section 4648.
(3) Repeated or cumulative minor rule infractions or lesser law viola-
tions.
(d) Level B dispositions:
( 1 ) Level B alternate dispositions may be combined with a recommen-
dation to the Board to extend the ward's parole consideration date.
(2) Ward lock-up for ten days or less.
(3) Removal of the ward to a more restrictive program.
(e) All dispositions shall meet the standard of being proportionate and
appropriate to the offense as set forth in Section 4647(c).
NOTE; Authority cited: Section 1712, Welfare and Insfitufions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (a)(1), (a)(2), (c)(3) and (d)(4) filed 6-3-85 by
OAL pursuant to Government Code Secfion 11349.7; effecfive thirtieth day
thereafter (Register 85, No. 26).
2. Editorial correcfion of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98. No. 49).
§ 4635. Staff Roles.
There are five separate roles which staff may assume during Disciplin-
ary Decision Making System proceedings: investigator; ward represen-
tative; fact finder; disposition maker; and appeal officer. The follow ing
conditions shall apply:
(a) No staff member shall participate in the Disciplinary Decision
Making System proceedings if he has a personal involvement in the case
which may bias the results.
Note; Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfions 1001, 1002, 1004 and 1752, Welfare and Institufions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial coirection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4636. Time Limits on Fact Finding Hearings.
Disciplinary decision making hearings should be completed within the
established period of time.
(a) If the ward is confined in secure quarters for more than 24 hours
or his liberty or access to a program is restricted for more than 24 hours,
e.g., loss of off-grounds privilege, etc., the fact finding hearing shall be
completed in no more than 24 calendar days:
( 1 ) Following observation/discovery of the incident, or
(2) After the time at which the investigation focused on the ward as a
responsible party, or
(3) After a restriction was imposed upon the ward, or
(4) Physical analysis of evidence is returned.
(b) Notwithstanding the provisions in subsection (a), if the ward was
referred to court for prosecution and the court finds him "not guilty" or
dismisses the case, a fact finding hearing shall be completed within 24
calendar days from the date of receipt of documents verifying the court
findings. This time limit shall also apply if the ward is detained in a non-
Youth Authority facility.
(c) When the ward is not confined in secure quarters, his liberty is not
restricted, or he is not denied his regular program for more than 24 hours,
the fact finding hearing shall be completed within 24 calendar days of the
events described in subsection (a) (I) through (3).
(d) Specific time extensions may be granted if:
(1) Local law enforcement authorities are conducting an investigation
and more time is required to complete it.
(2) Physical evidence is referred outside the facility for analysis and
more time is required to complete the analysis.
(3) The ward is unavailable due to illness, escape, or other absence
from the facility.
(4) A relevant witness requested by the ward is unavailable due to per-
sonal illness, family emergency, etc.
(5) A state of emergency exists, e.g., conservation camp wards are
fighting fires, etc.
(6) The investigation is complex, e.g., a major incident involving five
or more wards occurred.
(e) A time extension not exceeding the reasonable period of time nec-
essary to meet the reason for the extension may be granted by the Super-
intendent. When the specific cause for the extension no longer exists, no
further extensions shall be granted and the hearing shall be held within
two working days from the last day that the time extension was in effect.
(f) The staff shall notify the ward of any time extension and reasons
for such extension.
(g) Failure to meet the time limitations, including any extensions, de-
scribed in this section shall result in dismissal of the DDMS action if the
delay has resulted in substantial prejudice (as defined in Section 4646)
to the ward.
NOTE: Authority cited: Secfion 1712, Welfare and Institutions Code. Reference:
Secfions 1001, 1002 and 1004, Welfare and Insfitufions Code.
Page 249
Register 98, No. 49; 12-4-98
§4637
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of subsection (e) filed 2-1-88, operative 3-2-88 (Register 88, No.
7).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4637. Temporary Restriction.
(a) A ward may be temporarily restricted to secure quarters or have
off-grounds privileges withheld when he/she is:
( 1 ) A danger to others.
(2) A danger to himself/herself.
(3) In danger from others.
(4) An escape risk.
(b) A temporary restriction shall be as short as possible, i.e. the restric-
tion shall last only as long as the condition or behavior which warranted
such restriction continues to exist. All reasonable alternatives shall be
considered prior to instituting or continuing temporary restriction.
(c) Within the first 24 hours of restriction the ward shall be given a
copy of the detention form (YA 8.415 Revised 12/87) indicating why he/
she is being restricted and advised of his/her right to appeal via the Ward
Grievance Procedure (See Sections 4085 et seq. of these regulations.).
NOTE: Authority cited: Sections 1 001 , 1 002, 1 004 and 1 7 1 2, Welfare and Institu-
tions Code. Reference: Sections 1001, 1002 and 1004 Welfare and Institutions
Code.
History
1 . New section filed 2-26-88; operative 3-27-88 (Register 88, 1 1 ). For history of
former Section 4637, see Register 85, No. 26.
§ 4638. Confinement in Secure Quarters.
NOTE: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 17 11. 3 and 1752, Welfare and Insti-
tutions Code.
History
1 . 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).
§ 4639. Investigation.
(a) An accused ward, including a ward referred to parole by the Board:
(1) May be given a polygraph test as prescribed in Section 4133, or
(2) May, upon his request, be given a polygraph test if:
(A) The ward is accused of being in possession of contraband and such
contraband is found in a place to which other than staff have access, and
(B) There is no evidence other than the location of where the contra-
band was found to link the ward to the possession of the contraband.
(b) Blood and urine samples may be taken as prescribed in Section
4140.
(c) If there is sufficient reason to believe that a ward referred to parole
did violate a major institution rule, the parole rescission process shall be
initiated as prescribed in Sections 4660-4666.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of the first sentence filed 6-3-85 by OAL pursuant to Govern-
ment Code Secuon 11 349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of subsecfion (a)(2) filed 12-2-98: operative 1-1-99 (Register 98,
No. 49).
§ 4641 . Referral for Prosecution.
(a) A ward who allegedly commits an offense may be referred to court
for prosecution under any of the following circumstances:
( 1 ) A ward's confinement time is near expiration and the staff believes
that more confinement time is necessary for treatment or as discipline for
his misbehavior.
(2) A ward is suspected of committing a felony.
(3) The ward has assaulted a staff member, not amounting to a felony,
(c) A superintendent may make an exception for referral for prosecu-
tion if unusual circumstances exist.
(d) DDMS proceedings shall be suspended until court actions are com-
pleted.
(e) If the ward is convicted of a law violation or adjudicated as a delin-
quent, a DDMS disposition hearing shall be held within 14 calendar days
after the ward is returned from the court or upon receipt of court docu-
ments.
(f) If the court finds the ward "not guilty" or if the matter is dismissed,
the superintendent may continue DDMS proceedings if the alleged of-
fense was a violation of an institutional rule. A fact finding hearing shall
be completed within 24 calendar days from the date of receipt of docu-
ments verifying the court findings. This time limit shall also apply if the
ward is detained in a non-Youth Authority facility.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (a), (b)( l)-(b)(3). (b)(6) and (d) filed 6-3-85 by
OAL pursuant to Government Code Section 11349.7; effective thirtieth day
thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4642. Notice of Hearing.
(a) In Level A hearings, notice shall be given to the ward orally imme-
diately prior to the hearing.
(b) In Level B hearings, the ward shall be given specified information
in writing at least 24 hours prior to the DDMS hearing. Such notice shall:
(1 ) Set forth the nature of the alleged behavior requiring action, and
(2) Give information on how to prepare for and present relevant mate-
rial at the hearing.
(c) If the ward requests a representative and one is granted, no admis-
sions or waivers shall be taken until the representative is present.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No 47).
2. Amendment of subsections (b) and (c) filed 12-2-98; operative 1-1-99 (Regis-
ter 98, No. 49).
§ 4643. Waivers.
(a) A ward may waive, with the concurrence of staff:
(1) The time limits imposed by DDMS procedures, or
(2) The presence of witnesses or witness statements at the fact finding
hearing, or
(3) The entire fact finding hearing if the ward makes a written admis-
sion of the allegations.
(b) Staff members shall ensure that the waiver is voluntary, and the
ward fully understands the implications of his waiver and the resultant
impact.
(c) Staff shall weigh such factors as age, intelligence and abihty of the
ward to comprehend the meaning and effect of his statement before ac-
cepting the ward's waiver.
(d) A ward cannot waive the disposition hearing.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of subsecfion (a)(2) filed 12-2-98; operafive 1-1-99 (Register 98,
No. 49).
§ 4644. Ward Representation.
(a) If a representative is granted, then a staff member shall:
( 1 ) Fully explain to the ward the importance, meaning, and implication
of any admission or waiver of procedural guarantees.
(2) Collect relevant information in advance of the hearing that could
help the ward's case.
Page 250
Register 98, No. 49; 12-4-98
Title 15
Department of the Youth Authority
§4647
(3) Represent the ward's case at the hearing.
NOTi;; Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1001, H)02. 1004 and 1752, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (a) and (c) filed G-.VS.'i by OAL pursuant to
Government Code Section 1 1349.7;effective thirtieth day thereafter (Register
8,5, No. 26).
2. Kditorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4645. Witness.
(a) The accused ward shall have the right to confront any staff member
who has given information against him, and have witnesses with relevant
information present (or provide a written witness statement) at the hear-
ing, except when:
( 1 ) Such information could pose a danger to another ward or a non-
staff member. In such a case, the testimony of the witness may be heard
by the fact finder in confidence.
(2) The testimony is redundant or irrelevant in the judgment of the fact
finder.
(b) Witnesses may include voluntary, adverse, and confidential wit-
nesses.
( 1 ) Adverse Witnesses. The ward shall have the right to call adverse
witnesses.
(A) When it is known that a staff witness will be on an extended sched-
uled leave (longer than three weeks) during the time of the hearing, the
ward shall have the opportunity to interview the witness prior to such
leave. The interview shall be recorded and heard by the fact finder at the
fact finding hearing.
(B) When a staff witness is on unscheduled sick leave, or is physically
unable, staff shall, when possible, interview the witness, record the state-
ment, and provide a copy to the ward and the fact finder.
(C) Ward witnesses shall appear except where their presence would
present a danger to themselves or others.
(2) Confidential Witnesses. Wards or persons not employed by the
Youth Authority may be designated as confidential witnesses only if
their testimony could pose a physical threat to themselves or others. Staff
members shall not be designated as confidential witnesses.
(A) Where the statement of a confidential witness is uncorroborated
and appears to be the sole basis for a charged rule or law violation, a poly-
graph test shall be administered before the information can be used.
(B) The fact finder, after hearing or reading the testimony of the confi-
dential witness and evaluating the reasons supporting the confidentiahty,
shall determine if confidentiality is required.
1. If the fact finder deems that the confidentiality is not appropriate,
he shall determine if the witness will testify at the hearing.
2. If the testimony meets the standards for confidentiality, the fact
finder shall document the findings and the reasons for its support.
(C) The fact finder shall reveal the substance of the confidential testi-
mony to the accused ward and/or his representative to the maximum ex-
tent possible without jeopardizing the person giving the testimony.
(D) If the confidential witness' statement is uncorroborated and is the
sole basis for the fact finding hearing, the accused ward may request that
a staff representafive of his choice be included in any interview with the
confidential witness. The staff representative shall:
1 . Not disclose to the accused ward the identity of the witness or the
details of the confidential information.
2. Assure the accused ward that the information was received and ob-
tained fairly.
(E) The fact finder shall record the degree to which the confidential ev-
idence was relied upon to reach the final decision. The degree shall range
from "no influence" to "sole basis for decision."
NOTli: Authority cited: Section 1712, Welfare and Institufions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (b)( 1 ) and (b)(3)(E) filed 6-.3-85 by OAL pur-
suant to Government Code Section 1 1349.7; effective thirtieth day thereafter
(Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth dav thereafter
(Register 85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4646. Fact Finding Hearing.
(a) The fact finding hearing shall establish whether or not the alleged
behavior occurred. This hearing shall be conducted:
(1) By a staff member assigned by the superintendent who shall be
known as "fact finder."
(A) Level A behavior: Any staff member selected may serve.
(B) Level B behavior: The staff member selected shall not be a mem-
ber of the treatment teain assigned to the ward.
(2) In an imparfial and objective manner.
(3) Only when the preparation process is safisfactorily completed.
(4) Within the prescribed time limits. If time limits are not met, the pro-
ceedings shall be dismissed if the delay has resulted in substantial preju-
dice to the ward. Substantial prejudice is a handicap suffered by the ward
and caused by a delay which could reasonably influence the outcome of
the hearing. (See Section 4636.)
(b) A separate finding on each allegation shall be required where mul-
tiple allegations arise from a single incident or an interrelated series of
incidents.
(c) Findings shall be based on a preponderance standard of certainty,
i.e., it is more likely than not that the alleged behavior occurred. The fact
finder shall:
(1) Evaluate each allegation for the following elements:
(A) Did the charged behavior actually occur?
(B) Did the evidence (physical, testimony, or circumstantial) indicate
the accused ward committed the charged behavior?
(C) Did the accused ward act in self-defense where fighting or assault
is charged?
(D) Did the accused ward intend for his behavior to occur?
(E) Was the ward aware of the probable consequences of his behavior?
(2) Make a specific finding of "sustained" or "non sustained" on each
allegation.
(d) Whenever a finding of "sustained" is made, the evidence shall
show that all of the questions, subsection (1) (A)-(E), were considered
and answered.
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secfions 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4647. Disposition Hearing.
(a) A disposidon hearing shall be held when:
(1 ) A ward is returned from the Departments of Corrections, or Mental
Health or Developmental Services facilifies for disciplinary reasons.
(b) The disposifion hearing shall be conducted as follows:
( 1 ) Level A behavior: By any staff member assigned by the superinten-
dent.
(2) Level B behavior: A disposition hearing should be held within 14
calendar days following the Fact-Finding Hearing by staff assigned by
the superintendent consisting of:
(A) The independent fact finder, or
(B) Two members of the treatment team, or
(C) One member of the treatment team and the independent fact finder.
(c) At the disposition hearing the following shall be considered:
(1) The finding of the fact finder.
(2) The program objectives to be accomplished.
(3) The ward's personal characteristics and case background.
(d) The ward may be present if he chooses during both the fact finding
and disposition hearings, unless:
Page 251
Register 98, No. 49; 12-4-98
§4648
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
( 1 ) The informalion being presented would be dangerous to other per-
sons.
(2) The fact finder or disposition makers wish to discuss the matter pri-
vately after all relevant information is presented.
(e) The ward shall be advised of his right to appeal (see Section 4649).
(0 The ward shall receive credit for all temporary restrictions, confine-
ment in secure quarters, or any other restriction imposed while awaiting
the disposition hearing.
NOTK; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfai-e and Institutions Code.
History
1 . Order of Repeal of subsections (a)(2) and (c)(2) filed 6-3-85 by OAL pursuant
to Government Code Section 1 1349.7; effective thirtieth day thereafter (Regis-
ter 85. No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register85, No. 47).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4648. Disposition Action.
(a) Disposition actions shall not be implemented until:
( 1 ) The ward has indicated that he does not wish to appeal the action,
or
(2) The period of appeal has expired (see Sections 4649-4653), or
(3) The appeal procedure has been completed
(b) Staff may initiate further proceedings if a court finds a ward "not
guilty" or dismisses the case and there is reason to believe the ward vio-
lated an institutional rule.
(c) If the staff recommends to extend the ward's parole consideration
date, such case shall be presented to the Board.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Order of Repeal of subsections (b), (c) and (f) filed 6-3-85 by OAL pursuant
to Government Code Section 1 1 349.7; effective thirtieth day thereafter (Regis-
ter 85. No. 26).
2. Editorial correction of NOTE filed 1 1-21-85, effective thirtieth day thereafter
(Register85, No. 47).
3. Amendment filed 12-2-98; operafive 1-1-99 (Register 98, No. 49).
§ 4649. Appeal Process.
A ward shall have a right to appeal disciplinary decision-making ac-
tion. Level A behaviors shall have one level of appeal. Level B behaviors
shall have one level of appeal.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial correction of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment filed 2-19-93; operative 3-22-93 (Register 93, No. 8).
3. Amendment filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
§ 4650. Level A Behavior: Appeal.
A level A behavior appeal shall include the following procedures:
(a) Upon receiving a disposition on Behavior Report, form YA 8.403,
a ward may initiate an appeal of the level A action by requesting an inter-
view with the appropriate first-line supervisor.
(b) The appeal shall be initiated by the ward within 24 hours and heard
within 72 hours upon notification of appeal.
(c) The first-line supervisor may grant, modify, or deny the appeal af-
ter personally interviewing the ward.
(d) The first-line supervisor shall record the appeal decision on the
"Behavior Report," form YA 8.403, a copy of which shall be provided
to the ward.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial correcfion of Note filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of section heading and text filed 2-19-93; operative 3-22-93
(Register 93, No. 8).
3. Amendment of subsecnon (b) filed 12-2-S
No. 49).
operative 1-1-99 (Register 98,
§ 4651. Level A Behavior: Second Level Appeal.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Insfitutions Code.
History
1. Editorial conection of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85. No. 47).
2. Repealer filed 2-19-93; operative 3-22-93 (Register 93, No. 8).
§ 4652. Criteria for Level B Behavior Appeal.
A ward has the right to appeal those disciplinary decision making ac-
tions which meet at least one of the following criteria:
(a) There was a violation of procedural safeguards, e.g.:
( 1 ) The ward has no access to and thereby no prior knowledge of the
rules and related deprivations.
(2) The ward was not given a copy of the notice of disciplinary hearing.
(3) The ward was not advised of or was denied his right to representa-
tion.
(4) The ward was not given 24 hours to prepare his case.
(5) The ward was not given the opportunity to confront his accusers,
except for confidential witnesses.
(6) The prescribed time limits for a hearing were exceeded.
(7) The ward did not receive an impartial hearing by an independent
fact finder.
(b) Evidence which was unavailable at the time of the fact finding and
now is available which would be material to the findings.
(c) Evidence was not presented or was insufficient to support a finding
on each of the necessary elements of the institution rule violation(s).
(d) Dispositions were disproportionate and/or inappropriate to the
findings based upon past and current practices.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752. Welfare and Institutions Code.
History
1. Order of Repeal of subsecfion (a)(8) filed 6-3-85 by OAL pursuant to Govern-
ment Code Secrion 1 1349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Editorial correction of History Note No. 1 filed 6-14-85 (Register 85, No. 26).
3. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
4. Amendment of first paragraph and subsection (a)(4) filed 12-2-98; operative
1-1-99 (Register 98, No. 49).
§ 4653. Level B Behavior: Appeal.
A level B behavior appeal shall include the following procedures:
(a) A ward shall initiate an appeal by complefing an "Appeal of Deci-
sion" form (YA 8.410) and submitting one copy to the superintendent's
office within 48 hours after receiving the form.
(b) A ward shall have up to five working days in which to prepare his
appeal from the date of its submission to the superintendent. This prepa-
ration tiine may be waived by the ward.
(c) The superintendent shall ensure that no report is made to the Board
on the disciplinary action under appeal until the appeal process is com-
pleted.
(d) The superintendent shall review all appropriate documents to de-
termine if the ward has been treated fairly and whether the ward's reasons
for appeal meet the criteria ouUined in Section 4652.
(e) The superintendent shall make a decision on the appeal action with-
in five working days upon receipt of the appeal.
(f) The superintendent shall decide on the basis of the written records
of the case whether the appeal should be granted or denied, or whether
modification or other action is necessary to ensure fairness. If it is neces-
sary to interview the ward or have a hearing regarding the issue, both
sides to the action shall be heard.
(g) The superintendent shall record the appeal decision on the "Appeal
of Decision" form (YA 8.410). Each issue raised by the ward shall be ad-
dressed.
(h) The superintendent' s decision and the reasons for the decision shall
be forwarded to the ward within two working days of the decision.
Page 252
Register 98, No. 49; 12-4-98
Title 15
Department of the Youth Authority
§ 4665
NOTI-: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1732, Welfare and Institutions Code.
History
1 . Kditorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register85, No. 47).
2. Amendment section heading, amendment of subsections (a), (e) and (g),and re-
pealer of subsection (i) filed 12-2-98; operative 1-1-99 (Register 98^. No. 49).
§ 4654. Level B Behavior: Second Level Appeal.
NOTI:: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Order of Repeal of first sentence of subsection (b) and subsection (f)(2) filed
6-3-85 by OAL pursuant to Government Code Section 1 1349.7; effective thir-
tieth day thereafter (Register 85. No. 26).
2. Editorial con-ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Repealer filed 12-2-98; operative 1-1-99 (Register 98, No. 49).
•
Article 6. Parole Rescission Hearings
§ 4660. Parole Rescission Hearings.
(a) When an institutionalized ward, who has been referred to parole,
becomes involved in behavior which may result in the loss of that refer-
ral, he shall be entitled to a parole rescission hearing as prescribed in Sec-
tion 4968.
(b) A parole rescission hearing consists of two phases: a fact finding
hearing and a disposition hearing.
(c) Both the fact finding and the disposition hearings shall be con-
ducted by a Board member or representative.
(d) Due process protections shall be applied to the hearing and the pro-
cedures leading up to it as prescribed in Section 4977.
(e) Exemptions from due process restraints, as outlined in Section
4631, shall not apply.
NOTff; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Insdtutions Code.
History
1 . Editorial correcdon of NOTE filed 1 1-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4661. Criteria for Parole Rescission Proceedings.
A ward shall be referred to parole rescission proceedings when:
(a) His behavior falls into the established array of behavior which pro-
vides for Level B protections and sanctions. (See Sections 4634 and
4961.)
(b) Staff allege that serious deterioration has occurred in a ward's men-
tal or emotional status. An evaluation by a psychiatrist or psychologist
shall be provided to support such allegation.
(c) The referral to parole was based on an erroneous belief.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
History
1 . Editorial correcdon of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4662. Preparation for Parole Rescission Hearings.
If the ward's behavior falls within the criteria for initiating a parole re-
scission hearing (see Section 4661), and there is sufficient evidence to
proceed:
(a) An investigation report dealing with the allegations and a case re-
port shall be prepared which recommends a disposition and the reasons
for that recommendation. If there are multiple allegations:
( 1 ) A recommended disposition for each allegation shall be included.
(2) A modification of the recommended disposition may be included
to reflect the possibility that some, but not all, of the allegations will be
sustained.
(b) A staff member shall deliver to the ward copies of the investigation
report, the case report, and any other written reports to be used in the fact
finding hearing.
(c) A staff member shall discuss any questions the ward may have
about these reports.
(d) A staff member shall tell the ward that the board hearing coordina-
tor will advise him of his rights.
(e) The ward shall be entitled to five days notice prior to the parole re-
scission hearing.
(1 ) The five days notice shall begin when the ward gives a written re-
sponse to the board hearing coordinator regarding how he wishes to exer-
cise his rights.
(2) Tlie ward inay waive the five days notice period.
(3) The board hearing coordinator shall accept a time waiver from the
ward only if he believes that the ward is making the waiver on a knowing,
informed and intelligent basis.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdons 1001, l'002, 1004. 1752 and 1766, Welfare and Institutions Code.
History
1. Editorial correcdon of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4663. Witnesses.
(a) The ward has the right to:
(1) Confront and cross-examine any adverse witness, except a confi-
dential witness, who has given information against him.
(2) Invite witnesses to speak in his behalf.
(b) Adverse staff witnesses shall be available for confrontation and
cross-examination at the request of the ward.
(c) Staff testimony shall not be used as confidential evidence.
(d) Staff witnesses who have information bearing on the fact finding
process shall attend the hearing if requested to do so by the ward.
(e) Staff who are invited by the ward as character witnesses to the dis-
position hearing may attend at their own option and institution conve-
nience, or may write a letter for the ward.
(f) A ward witness may tesfify if he is requested and is willing to do
so.
(g) Adverse testimony of a ward may be held confidential only if the
ward could be in physical danger if his identity were to be revealed.
(1) The specific reasons for holding a ward's tesUmony confidenfial
shall be written on the same document as his testimony.
(2) The final decision as to confidentiality shall be determined by the
hearing officer.
(3) Any confidential ward witness shall be available for interview by
the hearing officer.
(h) Witnesses who are not employees of the Department may testify
if they are requested and are willing to do so. The same standards for con-
fidendahty shall apply as prescribed in subsection (g)(l)-(3).
NOTE: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdons 1001, 1002, 1004, 1752 and 1766, Welfare and Institudons Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4664. Ward Representation.
A ward has a conditional right to legal counsel. (See Section 4968.)
(a) If a ward does not request or does not qualify for legal counsel, he
may be entitled to a ward representative. (See Section 4644.)
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institudons Code.
History
1. Order of Repeal of subsecdon (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correcdon of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4665. Time Limits.
(a) Preparation for parole rescission hearings shall be completed with-
in eight working days.
(b) The time period shall start upon discovery of the behavior or when
the investigation focuses on the ward.
Page 253
Register 98, No. 49; 12-4-98
§4666
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(c) The lime period remains the same whether or not the ward is in a
restricted program.
(d) The case shall be dismissed if preparation is not completed within
the allotted time period except when:
( 1 ) The ward wishes to waive the time period for cause, e.g., appoint-
ment of counsel, unavailability of witnesses, etc.
(2) Pertinent documents or evidence from local law enforcement au-
thorities are not available.
(3) Physical evidence referred to an outside agency for analysis has not
been returned.
(4) The ward is unavailable due to illness, escape, or other absence
from the institution.
(5) A state of emergency exists, e.g., conservation camp staff is in-
volved in fire fighting.
(6) The investigation is complex, e.g., a major incident occurred in-
volving five or more wards.
(e) An extension of time, not to exceed five days, may be granted with
review at five-day intervals for all circumstances covered in subsection
(d)(2)-(6). The ward shall be informed of any time extension and the rea-
sons for such extension.
(f) When circumstances for the time extension no longer exist, the re-
scission hearing coordinator shall be contacted immediately to arrange
for the hearing.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4666. Parole Rescission Hearing Process.
The parole rescission hearing shall be conducted in two separate
phases by a Board hearing officer as prescribed in Section 4968.
(a) The first phase of the hearing shall be a fact finding hearing if the
ward denies the allegations against him.
(b) If the allegations are admitted by the ward or are found to be "true"
in the fact finding hearing, the disposition hearing shall be held immedi-
ately.
(c) A copy of the resulting Board order shall be forwarded to the ward
along with the behavior report, investigation report, and the case report.
(d) The board hearing officer shall dictate a summary of the hearing
unless:
( 1 ) The allegations are found to be "not true," or
(2) The ward admits the facts and parole referral is not rescinded.
(e) A copy of the "Summary of Hearmg" shall be served to or mailed
to the ward and his legal counsel, if applicable.
(f) An appeal of a parole rescission hearing decision shall be handled
through the Board appeal process. (See Sections 4935-4940.)
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1766, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 7. Administrative Transfers
§ 4670. Administrative Transfers.
(a) A ward may be transferred, after initial assignment, between insti-
tutions, camps, reception centers, and non-Youth Authority facilities for
any of the following reasons:
( 1 ) Completion of the ward's program.
(2) Security of the institution or program, e.g., escape risk.
(3) The ward is in need of protection.
(4) Program needs of the ward are not available at the facility recom-
mending transfer.
(5) Request of the California Department of Forestry because:
(A) The ward lacks the ability or capacity to participate in the work
program.
(B) Possible danger to the work crews exists.
(6) Compliance with general policies and needs of the Department, in-
stitution, or camp unrelated to the individual ward's behavior.
(b) A ward transferred because of special program needs shall be in ac-
cordance with Section 4942(f) and (g).
(c) A ward shall not be transferred because of misconduct until the full
provisions of the Disciplinary Decision Making System have been com-
pleted.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, and 1752, Welfare and Insdtutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4671 . Transfer in a Non-Emergency Situation.
A ward shall be provided with a notice of and the reasons for a pro-
posed transfer. The superintendent shall:
(a) Prepare a case report which shall state the reason for the transfer
and the program objectives for the ward.
(b) Prepare a "Notice of Transfer" which shall specify the action to be
taken and the reason for such action. The notice shall be delivered to the
ward not less than 24 hours prior to the implementation of the proposed
transfer. If the ward is being transferred as a result of a DDMS action, it
is not necessary to serve this notice.
(c) Explain to the ward, at the time the notice of transfer is delivered,
the implications of the notice and what the ward's rights are with regard
to administrative transfers, including the right to use the ward grievance
procedure.
(d) Conduct an interview with the ward, if requested by the ward, prior
to the implementation of the proposed transfer, unless circumstances ex-
ist which require immediate transfer. If it is determined from the inter-
view that the proposed transfer is inappropriate or improper, the superin-
tendent may cancel the proposed transfer.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
•
Page 254
Register 98, No. 49; 12-4-98
Title 15
Department of the Youth Authority
§4685
§ 4672. Transfer in an Emergency Situation.
(a) A ward may be transferred without a 24-hour prior notice or an op-
portunity for an interview if an emergency condition exists which:
( 1 ) Requires immediate action and failure to act could result in sub-
stantia] harm or physical danger to the ward, other wards, staff members,
state property, and/or,
(2) Would seriously inhibit the effective management of the institu-
tion.
When an emergency transfer situation occurs, the superintendent
shall:
( 1 ) Prepare and deliver to the ward prior to the transfer a "Notice of
Transfer" which shall specify:
(A) The action to be taken and the reason for such action.
(B) The specific reason which justifies the emergency transfer without
a 24-hour prior notice or an opportunity for an interview before the trans-
fer.
(C) That the ward has a right to an interview following the transfer.
(2) Prepare within five days following the transfer a case report which
shall state the reason for the transfer and the program objectives for the
ward.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-83; effective thirtieth day thereafter
(Register 85. No. 47).
§ 4673. Review of Transfer.
(a) A ward shall have the right to:
(1) Challenge the stated reasons for an administrative transfer, and
(2) Have the superintendent consider whether the reason for the trans-
fer is:
(A) Being properly applied,
(B) Appropriate to his program objectives, or
(C) Necessitated by reasons of institutional security.
(b) A ward transferred under an emergency situation and without a
prior interview shall receive within eight days of the transfer a copy of
the case report. The superintendent (or appropriate person in a non-
Youth Authority facility) at the receiving institution shall explain to the
ward his rights concerning administrative transfers, including the right
to use the ward grievance procedure.
(c) A ward may request an interview with a staff person to discuss his
transfer. The interview shall be held within ten days following notifica-
tion of such request.
(d) If it is determined from the interview that the transfer is inappropri-
ate or improper, the superintendent or appropriate person in a non-Youth
Authority facility may:
( 1 ) Return the ward to the sending institution, or
(2) Make arrangements for a transfer to a more suitable institution or
facility.
NOTE: Authority cited: Section 112, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4674. Health Facilities Transfers.
Note; Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711.3, 1725.2, 1752, 1755.5 and
1756, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4675. Department of Corrections Transfers.
A ward who is a criminal court commitment may be transferred to a
Department of Corrections facility when such transfer will further the
treatment goals of the ward or is in the best interest of the public. Such
transfer requires the prior approval of the Department of Corrections.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.5, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 8. Escapes
§ 4680. Definition of Escape.
An incarcerated ward is deemed to be an escapee when such ward.
without authorization,
(a) Leaves the facility, or
(b) Leaves the control of staff while off grounds, or
(c) Fails to return to a designated place at a designated time, e.g.. while
on off-grounds activities.
Note: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1001. 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4681 . Attempted Escapes.
A ward is deemed to have made an escape attempt if he:
(a) Escapes from the confines of an institutional security area or from
custody of the staff on off-grounds institution activity, but is appre-
hended in the immediate vicinity by the staff, or
(b) Is involved in any activity which, if completed, could result in an
escape, or
(c) Is involved in any action which indicates he intends to escape.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002. 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4682. Escape from Non-Youth Authority Health Facility.
Note: Authority cited: Sections 1001. 1002, 1004, 171 1.3 and 1 75 1 . Welfare and
Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Insti-
tutions Code.
History
1 . 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).
§ 4683. Staff Procedure.
Note: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751. Welfare and
Institutions Code. Reference: Sections 1002, 1711.3 and 1752, Welfare and Insti-
tutions Code.
History
1 . 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).
§ 4684. Apprehension of Escaped Ward.
When apprehending escaped wards, only necessary force shall be used
to restrain escapees.
(a) Physical force or handcuffs may be used if the ward is positively
identified as an escapee.
(b) Chemical restraint equipment may be used, if necessary, in accor-
dance with Section 4041.
(c) If the suspected escapee cannot be positively identified, staff shall:
( 1 ) Show their Youth Authority identification card before conducting
questioning in a courteous manner.
(2) Refrain from accusing the suspect of being an escapee.
(3) Refrain from using physical force except for self protection or the
protection of other persons.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; Section
12403, Penal Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4685. Escape Status.
Escape status shall be terminated when the ward is:
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Register 2001, No. 38; 9-21-2001
§4690
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(a) Returned to the institution or camp.
(b) Placed on parole status.
(c) Placed in the custody of a law enforcement agency.
(d) Discharged from the Youth Authority.
(e) Deceased.
NOTE: Authority cited: Section 1712, Welfare and histitutions Code. Reference:
Sections 1001, 1002. 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial coirection of NOTE filed 1 1-21-85: effective thirtieth day thereafter
(Register 85, No. 47).
Subchapter 2. General Institutional
Management Rules
Article 1 . General Restrictions and
Provisions Relating to Wards
§ 4690. Informing Wards of Rights and Responsibilities.
Wards shall he provided with information regarding their rights and
responsibilities.
(a) A newly committed ward shall be provided with an orientation and
information program upon arrival at the facility to which he is assigned.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdons 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 b> O AL pursuant to Government
Code Section 11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4691 . Ward Advisory Committees.
A ward advisory committee shall be maintained by the superintendent
of each institution, reception center-clinic and camp. Ward members
should be selected by their peers. Such committees shall meet with the
superintendent a minimum of one time each month for the purpose of in-
forming him of;
(a) General ward concerns, and
(b) Potential problem areas along with suggestions for needed correc-
tive action.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001. 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4692. Ward Grooming.
(a) Superintendents shall maintain standards for ward dress for each
institution and camp and shall provide each ward with an adequate com-
plement of clothing.
(b) Each institutional and camp Superintendent shall maintain stan-
dards for ward hairstyles and facial hair. All wards shall keep their hair
clean and neatly groomed, in compliance with the standards.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Amendment filed 1 0-24-85; effective thirtieth day thereafter (Register 85, No.
43).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4693. Ward Marriages.
NOTE: Authority cited: Sections 1001, 1002. 1004, 1711.3 and 1751, Welfare and
Institudons Code. Reference: Sections 1002, 171 1.3 and 1752, Welfare and Insti-
tutions Code.
History
1 . 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).
§ 4694. Care of Ward Property.
Each institution and camp shall maintain procedures to promptly col-
lect, inventory and safeguard the property of wards. Procedures shall in-
clude methods to:
(a) Record receipt, safeguard, and return permissible property to the
ward, or provide for other appropriate disposition.
(b) Maintain standards as to the type, amount, and size of property a
ward may possess.
(c) Assist a ward recover lost or damaged property.
(d) Assist a ward to obtain reimbursement for lost or damaged property
when staff negligence is involved.
(e) Collect, inventory and safeguard the property of a ward who is tem-
porarily away from his usual location.
(f) Dispose of property in excess of the allowable amount when a ward
is to be transferred to another institution.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4695. Correspondence.
(a) No limit shall be established regarding the number of persons who
may correspond with a ward by mail.
(b) Wards and their correspondents are personally responsible for the
content of each item of mail that each sends into or out of a Youth Author-
ity facility. Any violation of laws governing mail may be referred to post-
al authorities and to appropriate criminal authorities for prosecution.
Violations of law or the regulations set forth in this section may result in
the temporary suspension or denial of correspondence between the per-
sons involved.
(c) Wards in separate Youth Authority facilities or wards and inmates
in other correctional facilities may correspond with each other with prior
approval, which will not be unreasonably or arbitrarily denied, of the su-
perintendent, warden or person in charge of each correctional facility.
The approval to correspond shall remain in effect even though one or
both of the wards or inmates is transferred to another facility. The approv-
al to correspond may be forfeited due to disciplinary violations involving
the correspondence or the security needs of the facility. Any such revoca-
tion or restriction shall be communicated to both the wards or inmates
and administrators of the assigned facilities.
(d) Any exchange of written or printed material between wards of sep-
arate or segregated sections of the same Youth Authority facility shall re-
quire prior approval of the superintendent, which will not be unreason-
ably or arbitrarily denied.
(e) There are three types of ward mail: nonreviewable; reviewable; and
packages.
(1) Nonreviewable mail shall not be opened or read by institutional
staff but may be inspected by other means to determine the presence of
physical contraband in the envelope. Nonreviewable mail is correspon-
dence sent to or received from:
(A) A federal, state or local court.
(B) An elected federal, state, or local public official.
(C) An attorney at law listed on active status and in good standing with
a state bar association.
(D) The Director of the Youth Authority.
(E) A member of the Youthful Offender Parole Board.
(F) A deputy director.
(G) A superintendent.
(H) A regional administrator of parole.
(2) Nonreviewable mail may be opened and inspected for cause only
and only by the ward addressee in the presence of a supervisory staff
member.
(A) Cause includes the reasonable belief that the letter is not addressed
to or is not from an official or office listed in subsection ( 1 ) or when other
means of inspection indicates the presence of physical contraband in the
envelope.
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Department of the Youth Authority
§4699
(B) Upon determining that the envelope contains physical contraband
or that there is a misrepresentation of the sender's or addressee's identity,
the letter and any enclosures may be examined and read in its entirety to
determine an appropriate course ol' action. If there is an indication of a
violation of law or an intent to violate the law, the matter may be referred
to the appropriate criminal authorities for possible prosecution.
(3) All other mail not defined as nonreviewable in subsection ( 1 ) is re-
viewable mail. Reviewable mail may be opened, inspected, and read in
entirety or in part by designated employees of the facility before it is
mailed for or delivered to a ward.
(4) Wards shall be allowed to send packages out of the facility to their
correspondents. All outgoing packages, with the excpetion of packages
addressed to an official or office listed in subsection (1), shall be in-
spected by appropriate employees before the package is sealed and
mailed. Wards shall not be allowed to receive packages, with the excep-
tion of packages sent by an official or office listed in subsection ( 1 ). All
other incoming packages shall be returned to the sender.
(5) Any item of mail or package, which meets one or more of the fol-
lowing conditions, may be withheld. The superintendent shall notify both
the sender and the intended receiver within 48 hours that an item of mail
or package has been withheld; the reasons for the action; and subsequent
determinations or actions regarding the item of mail or package.
(A) It contains contraband as defined by Section 4710.
(B) It advocates the direct furtherance of a specific criminal act.
(C) It advocates or encourages racial or ethnic hatred and violence.
(D) It advocates or encourages specific acts of violence or physical
harm to a person.
(E) It promotes furtherance of institution gang activities that may fall
under any of the above categories.
(6) Mail in a language other than English may be subject to a delay for
translation of its contents by staff. When such delay exceeds the normal
mail processing by five business days the ward shall be notified in writing
of the delay; the reason for the delay; and subsequent determinations or
actions regarding the item of mail.
(f) Wards shall be informed of the correespondence policy during their
orientation to a Youth Authority facility.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code; and Procimi-
er V. Martinez, 416 U.S. 396.
History
1. Order of Repeal of first sentence and subsection (b)(2)(C) filed 6-3-85 by OAL
pursuant to Government Code Section 1 1349.7; effective thirtieth day thereaf-
ter (Register 85, No. 26).
2. Editorial correction of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Editorial correction of subsection (b) (Register 2001 , No. 38).
4. Amendment of section and Note filed 9-20-2001; operative 10-20-2001
(Register 2001, No. 38).
§ 4696. Visiting Program.
The superintendent of each institution or camp shall maintain a visit-
ing program which enables wards to visit with their parents and others.
The visiting program shall conform to the following guidelines:
(a) Visiting shall not be restricted as a disciplinary measure.
(b) Visiting may be disallowed or limited when:
( 1 ) The ward or others may be exposed to danger.
(2) The ward may be able to escape.
(c) Under unusual circumstances visiting may be limited because of
inclement weather, restricted visiting facilities, or similar conditions.
(d) The visiting period shall be at least once each week.
(e) Information regarding visiting, such as time, place, transportation,
and ailes of visiting, shall be provided to wards, their families, and other
appropriate persons.
(f) A visit may be terminated at any time it becomes dangerous to the
security of the institution or welfare of the ward.
(g) Visiting during nonscheduled hours may be permitted on an indi-
vidual basis when it will not interfere with regular institutional opera-
tions.
(h) The superintendent shall provide three levels of supervision for
ward visiting:
( 1 ) Privileged Visiting. Privileged visiting and communication be-
tween a ward and his attorney of record are confidential and shall not be
sound monitored.
(2) General Visiting. General visiting shall be conducted under room
or area supervision (usually sight supervision) but not clo.se sound moni-
toring. Family members and other persons, as determined by the superin-
tendent, may visit under general visiting. The superintendent may restrict
visiting in individual cases if such visiting may pose a threat to institution
security, or of physical injury to a person.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (h)(3) filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 1 1349.7: effective thirtieth day thereafter (Register 85, No.
26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4697. Visit Searches.
Employees, guests and volunteers who come on to the grounds of an
institution or camp or enter the facility for the purposes of visiting a ward
may be searched for contraband as a condition of entrance or visitation
to the facility.
(a) A search may be conducted when there is reasonable cause to be-
lieve the behavior or action of a visitor may post a threat or danger to the
security of the facility.
(b) A notice, printed in both English and Spanish, which informs all
visitors they are subject to search shall be posted in a conspicuous place
at both entrance and departure points to the facility. (See Section 4710.)
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Insututions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4698. Use of Tobacco.
(a) Wards/inmates, housed in Youth Authority facilities, shall not pos-
sess or use tobacco products.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002 and 1004, Welfare and Institutions Code.
History
1. Editorial correcdon of Note filed 1 1-21-85; effecdve thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of subsecdon (a) and NoTH and repealer of subsection (b) filed
6-3-92; operadve 7-3-92 (Register 92, No. 23).
§ 4699. Ward Telephone Calls.
Each superintendent shall maintain procedures which allow wards to
make periodic telephone calls at no expense to the department. These
procedures shall include:
(a) The number of telephone calls permitted.
(b) To whom calls may be made.
(c) Duration of calls.
(d) Emergency calls. An emergency call shall be considered an addi-
tional (not a regular) call and may be authorized when:
(1 ) A sudden, unforeseen situation exists, requiring immediate action,
and
(2) A telephone call would clarify the situation or relieve anxiety gen-
erated by the sudden unforeseen situation.
(e) Monitoring of calls. Wards shall be informed that telephone calls
may be monitored for the purpose of maintaining institution security, ex-
cept that calls between a ward and his attorney shall not be monitored.
Notice that telephone calls may be monitored shall be provided to wards
by:
(1) Posting a notice in places accessible to all wards.
(2) Affixing labels to all telephones used by wards.
(f) Restrictions. Restrictions on telephone usage may be imposed as
a disciplinary measure when abuse of telephone policy or procedure has
Page 257
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§ 4700
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
been established through the DDMS or when such calls conflict with in-
stitution operations, supervision, or security.
NOTl-;: Authority cited: Section 1712. Welfare and histitutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and In.stitutions Code.
History
1 . Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of subsections (d) and (f) tiled 7-3-86; effective thirtieth day there-
after (Register 86, No. 27).
§ 4700. News Media Access to Institutions and Wards.
(a) News media shall have access to institutions, be permitted to tour
and photograph the facilities, and conduct brief interviews with wards
encountered during such tours unless institution security may be threat-
ened or normal program operations disrupted. Access shall be permitted
under tlie following conditions:
( 1 ) Upon approval by the superintendent or his designee, individual or
group interviews and photographs of wards shall be permitted with writ-
ten consent of each ward if he is:
(A) 1 8 years of age or older, or
(B) 1 7 years of age or younger, and with the written consent of a par-
ent, legal guardian, or the committing court.
(2) Between the hours of 8:00 a.m. and 5:00 p.m., or as previously ar-
ranged with the institution.
(b) (Reserved)
(c) Correspondence between a ward and the news media shall not be
considered privileged, and may be withheld by the institution in accor-
dance with Section 4695.
NOTIi; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (a)(3) and (b) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4701. Law Libraries.
Law libraries for ward use shall be maintained in all institutions, ex-
cept youth conservation camps. Each institution shall maintain a law li-
brary program which shall include:
(a) A coordinator, who shall be responsible for the operations of the
program.
(b) A library schedule which shall provide library access to wards for
at least 30 hours per week at reasonable times.
(c) A procedure which shall ensure that all wards, including those in
lockup or otherwise unable to go to the Hbrary, will have ready access to
the law library resources.
(d) The training of an appropriate number of staff and wards in law re-
search techniques to assist all wards in the use of the law library re-
sources. Wards who have not received this training may also be used to
assist in the use of the law library.
(e) A supply of appropriate legal forms, e.g., writs.
(f) A procedure for keeping library materials current.
(g) Methods for photocopying of law library material.
(h) Publication and/or posting of the following types of information in
each living unit:
(1) Notice that law libraries are available in each institution for ward
use and that trained assistants shall be available to assist them in gaining
access to the courts.
(2) A schedule showing the days and hours the library is open and the
procedures to follow to gain access to the law library.
(3) That court decisions guarantee wards the right to have access to the
courts for the purpose of presenting petitions or other legal documents.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
§ 4702. Ethnic Holidays.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1 002, 17 1 1 .3 and 1752, Welfaie and Insti-
tutions Code.
History
1 . 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).
2. Editorial con-ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4703. Off-Grounds Activities.
A ward may leave the institution grounds in accordance with institu-
tion procedures, as follows:
(a) Wards convicted of felonies listed under Penal Code 290 shall
leave institution grounds only if the local law enforcement agency in
whose jurisdiction the institution is located is notified within a reasonable
time prior to the ward's departure.
(b) Wards convicted of felonies listed under Penal Code 667.6 shall
not be released from institutional confinement for the purpose of atten-
dance at any educational institution in any city or county.
(c) Staff-supervised Trips for Program Purposes.
( 1 ) A staff supervised trip for program purposes may be authorized for
a ward by the superintendent.
(2) A ward going off grounds shalf be accompanied by an employee
who has completed Penal Code 832 training.
(3) A ward who is classified as a county referral case, temporary deten-
tion case or other parole case shall be permitted off grounds if he is super-
vised by a staff member, and permission is received from the juvenile
court or the parole agent.
(d) Community-based Programs. Except for full board cases which re-
quire full board approval, a superintendent may approve ward participa-
tion in coiTimunity-based programs which will improve the ward's abil-
ity to function in the community. Programs include:
(1) Work experience.
(2) Junior college curriculum.
(3) Other appropriate activities.
(e) Day Pass. A day pass, defined as the authorization for a ward to
leave the grounds of an institution under the supervision of a responsible
adult for a period not to extend beyond midnight of the day it is granted,
is intended to:
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(f) Training Furlough. A training furlough, defined as the temporary
release of a ward as a part of a training program to facilitate the ward's
adjustment back into the community
(1) Requires Board approval (see Section 4963).
(2) Is hmited to seven days' duration, including travel time. Excep-
tions may be made by the Board for program purposes or special ward
needs.
(3) May be terminated if the furlough privilege is abused.
(g) Emergency Furlough. A ward may be authorized an emergency
furlough, as prescribed in Section 4963 if:
( 1 ) The furlough will not pose a threat to the pubhc safety, and
(2) The furlough is in the best interest of the ward, and
(3) There is good reason to believe the ward will not escape.
(h) Emergency Visit. A ward may be authorized an emergency off-
grounds visit, with a security escort, if a close family member or guardian
is seriously injured, critically ill, or deceased.
NOTE: Authority cited: Section 1712, Welfare and Institufions Code. Reference:
Sections lOOI, 1002, 1004 and 1752, Welfare and Institutions Code; and Secfions
290, 667.6 and 2691, Penal Code.
History
1 . Amendment of subsection (c) filed 10-19-79; effective thirtieth day thereafter
(Register 79, No. 42).
2. Amendment of subsection (c) filed 2-1-80; effective thirtieth day thereafter
(Register 80, No. 5).
3. Amendment filed 4-30-80; effective thirtieth day thereafter (Register 80, No.
18).
Page 258
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Title 15
Department of the Youth Authority
§4710
4. Amendment filed 10-14-80: designated effective 1 1-15-80 (Register 80. No.
42).
5. Order of Repeal of subsections (e)(l)-(3) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
6. Kditorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Regi.ster85, No. 47).
§ 4704. Warrants of Arrest/Detention.
A superintendent shall have the authority to issue warrants of arrest for
wards assigned to that institution or camp. Warrants of arrest authorize
and direct any peace officer of the State of California to arrest and/or de-
tain a specified ward. The superintendent may issue a warrant when the
ward has jurisdiction and confinement time remaining and at least one of
the following situations exists:
(a) A ward is to be removed from the institution for a court-ordered
appearance and a warrant is deemed necessary to ensure the ward's re-
turn to the institution.
(b) A ward meets temporary restriction criteria, as defined in Section
4637, and requires detention in a local juvenile or adult facility.
(c) A ward is referred to court for prosecution and requires detention
in a local juvenile or adult facility.
(d) A ward leaves the boundaries of the institution without permission
or is otherwise identified as an escapee.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1 767.3, Welfare and Institutions Code; and Sections 830.5 and 836, Penal
Code.
History
1 . New section filed 6-4-79 as an emergency; effective upon filing (Register 79,
No. 24).
2. Certificate of Compliance filed 8-10-79 (Register 79, No. 32).
3. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4705. Weight Lifting Program.
(a) Instruction in the following departmental weight lifting policies
shall be completed before any ward shall be allowed to use weights and/
or weight lifting equipment in any Youth Authority facility:
( 1 ) Proper use of weights and weight lifting equipment, and
(2) Departmental safety practices that shall be observed when using
weights and weight lifting equipment.
(b) The Director, or designees, shall have the option to eliminate or re-
strict individual or group access to weights and/or weight lifting eqtiip-
ment under the following conditions:
(1) The aforementioned instruction has not been completed; or
(2) The orderly operation of the institution is at risk due to the use of
weights and/or weight lifting equipment; or
(3) The use of weights and/or weight lifting equipment poses a safety
concern to the institutional population or, staff; or
(4) The ward, as a result of using weights and/or weight lifting equip-
ment, would, when released, pose a safety concern to law enforcement
officers or the general public.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 5010(a), 5010(b) and 5010(c), Penal Code.
History
1 . New section filed 1 1-19-96; operative 12-19-96 (Register 96, No. 47).
Article 2. Contraband and Searches
§ 4710. Definition and Possession of Contraband.
Each superintendent shall define contraband for his facility following
the general guidelines that contraband is an item which, if possessed,
could by its very nature be injurious to persons or property, would ad-
versely affect program objectives or institutional security, or would re-
quire an inordinate amount of staff resources to keep secure or supervise.
The definition shall include the legal definition as set forth by Division
10 (commencing with Section 11000) of the Health and Safety Code,
Section 1001.5 of the Welfare and Institutions Code, and Section 4502
of the Penal Code. To enforce conformity with the rules governing con-
traband the superintendent shall:
(a) Post a notice wliich states that all visitors, staff, volunteers, and
guests, including their property and vehicles entering the facility, are
subject to being searched on either a regular or random basis.
(b) Post a notice which states that any person who knowingly brings
in, or assists in bringing into the facility, any restricted dangerous drug,
alcoholic beverage, firearm, weapon or explosive, shall be guilty of a
felony.
[The next page is 259.]
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Title 15
Department of the Youth Authority
§ 4720.1
(c) Ensure that notices are printed in both English and Spanish and be
located in a conspicuous place at entrance and/or departure points of the
institution or camp.
(d) Prohibit the entrance of contraband including weapons, firearms
or explosives into the security area unless there is an extreme emergency.
(e) State and publish for wards, visitors, and staff the institution's defi-
nition and standards regarding contraband.
(f) (Reserved)
(g) Prohibit wards from receiving or possessing materials which fall
into the following categories:
( 1 ) Pictures depicting explicit sexual activity.
(2) Pictures and written material whose sale is prohibited to minors or
which can be purchased only at an "adult only" bookstore in the commu-
nity in which the institution is located.
(3) Material which cannot be legally sold and sent through the U.S.
mail.
(4) Pictures which show the subject or his genitals in a state of sexual
excitement.
(5) Sex oriented objects, devices or appliances.
(h) Restrict or regulate the display of sex-oriented pictures, which are
not otherwise prohibited by this article, outside of a ward' s locker or indi-
vidual room.
(i) Permit wards' access to educational material on human sexuality
under the direction of the program coordinator.
NOTE; Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and Section
4502, Penal Code.
History
1 . Order of Repeal of subsection (f) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 471 1 . Search for Contraband or Evidence.
Staff may search the person, premises, property, or room of a ward for
contraband or for evidence in the investigation of an incident.
(a) Searches shall be conducted:
(1) In a positive and non-demeaning manner.
(2) With the ward present, when possible.
(3) By two staff members, if the search is non-routine or sensitive.
(b) Upon completion of a search:
(1) The ward's property shall be left in a neat and orderly condition.
(2) The ward shall be given a receipt for any items removed during the
search.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and
Section 4502, Penal Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effecdve thirtieth day thereafter
(Register 85, No. 47).
§ 4712. Contraband Seizure and Disposal.
When contraband is withheld or confiscated from a ward:
(a) The ward shall be given a written notice within 48 hours covering
the following:
( 1 ) A description of the property withheld/confiscated, including the
approximate value, if known.
(2) The reasons for withholding/confiscating the property and its in-
tended disposal.
(3) The right to appeal either the decision to withhold/confiscate the
property and/or the intended means of disposal.
(b) Withheld/confiscated property shall not be finally disposed of until
the ward has had the opportunity to exercise his right of appeal.
(c) The contraband shall be returned to its rightful or previous owner,
mailed to the ward's home, stored and returned to the ward upon release
on parole, discarded, or turned over to law enforcement authorities, as ap-
propriate.
(d) A separate taist account shall be established in the name of the
ward for deposit of "contraband money," which is money which comes
into his possession through violation of law or institution mles. An ap-
propriate disposition shall be made of such money or it shall be returned
to the ward upon his release on parole.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and
Section 4502, Penal Code.
History
1. Editorial con-ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§4713. Skin Searches.
When there is reason to believe that a ward has contraband concealed
upon his person, he may be required to remove his clothing and submit
to a skin search. Such searches shall be conducted with:
(a) Maximum concern for the ward's privacy and personal dignity.
(b) Only those staff required to conduct the search and to assure health
and safety of the ward shall be present.
(c) Only staff who are employed in peace officer classifications and
who are of the same sex as the ward or who are licensed medical person-
nel, shall be present or participate in a skin search.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and
Section 4502, Penal Code.
History
I. Editorial coiTection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4714. RectalA/aginal Searches.
When there is probable cause that a ward has concealed contraband in
the rectal/vaginal cavity, a rectal/vaginal search may be conducted. Such
searches shall be conducted under the following conditions:
(a) When administered in a medically approved manner.
(b) With maximum concern for the ward's dignity and privacy.
(c) Performed only by licensed medical personnel.
(d) With only persons of the same sex who are employed in peace offi-
cer classifications and/or licensed medical personnel present during the
search.
NqtE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1001.5, 1002, 1004 and 1752, Welfare and Institutions Code; and
Section 4502, Penal Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Article 3.
Ward Trust Funds, Benefit Funds,
and Work Programs
§ 4720. Credit to Ward Trust Funds.
(a) Money in a ward' s possession when he is received at an institution
shall be credited to his regular trust fund account. These funds may be
used by the ward while he is in the institution or camp, according to rules
established by the superintendent.
(b) Other funds which shall be placed in a ward's trust fund account
are:
( 1 ) Money due a ward for participafion in a ward pay program.
(2) Money received from dependent benefit funds. These funds shall
be handled in accordance with the regulations of the granting agency.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752. 1752.8 and 1752.81. Welfare and Institutions
Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4720.1 . Restitution Deductions from Trust Account
Deposits.
(a) When a ward or inmate is committed to, or housed in, a Youth Au-
thority facility and owes any part of a restitution fine or restitution order
imposed by a court, the director shall deduct 50 percent or the balance ow-
Page 259
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§4721
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
ing, whichever is less, from each ward or inmate trust account deposit
made after January 1 . 1 998, regardless of source of such income, except
as specified in (b). The amount deducted shall be credited first to the
amount owing on the restitution order, then to the amount owing on the
restitution fine.
(b) Free Venture Program deposits. Social Security benefit deposits,
and internal Youth Authority taist account transfers are exempt from de-
ductions set forth in (a) and (c).
(c) AddiUonally, an administrafive fee totaling ten (10) percent of the
deduction made pursuant to (a) shall be deducted from the ward or inmate
trust account deposit for reimbursement of departmental administrative
costs.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752.81, Welfaie and Institutions Code.
History
1. New section filed 5-13-98; operative 5-13-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 20).
2. Amendment filed 10-4-2001 ; operative 1 1-3-2001 (Register 2001, No. 40).
§ 4721 . Expenditure of Ward Trust Funds.
(a) A ward in an insfitution or camp may use his trust fund for:
( 1 ) Purchase of approved canteen items.
(2) Purchase of handicraft or hobby craft supplies and books.
(3) Purchase of clothing to be used by the ward in lieu of, or in addidon
to, clothes furnished by the institudon or camp.
(4) Food and recreadon on off-grounds trips conducted by the insdtu-
tion or camp.
(5) Any other item approved by the superintendent.
(b) A ward's trust fund money shall not be used to repay the state for
expenditures made prior to the effective date of enddement of trust funds
unless specifically donated by the ward for such purpose.
(c) A ward tmst fund shall not be used as a source of restitudon as a
result of a Disciplinary Decision Making System disposition hearing.
(d) A ward shall not be induced or coerced by staff to reimburse the
state or another person without a court order direcdng such payment.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752, 1752.8 and 1752.81, Welfare and Institutions
Code.
History
1 . Editorial con'ection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4722. Dependents' Benefits for Ward.
NOTE: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711.3, 1752, 1752.8 and 1752.81,
Welfare and Institufions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4723. Benefit Fund.
Each superintendent of an institution or camp shall maintain a benefit
fund account which shall be expended only for the general welfare, edu-
cadon, or entertainment of the wards in the insdtution or camp at the dis-
credon of the superintendent. Each superintendent shall maintain appro-
priate accoundng records in accordance with departmental procedures.
Money for this fund may come from:
(a) Donations by individuals or organizadons.
(b) Profits or income from vending machines, canteens, or hobby craft
stores operated by or for the institution or camp.
(c) Insdtudonal fund-raising activides.
(d) Other sources as approved by the superintendent.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004 and 1752, Welfare and Institutions Code.
History
1. Editorial correcfion of NOTE filed 11-21-85; effecfive thirtieth day thereafter
(Register 85, No. 47).
§ 4724. Ward Pay Program.
The Department may establish a ward pay program, subject to avail-
able funds. Guidelines shall include:
(a) (Reserved)
(b) (Reserved)
(c) Restricdons.
( 1 ) A ward shall not work in mailrooms, ward storage files, institudon-
al personnel offices, or restricted areas of hospitals.
(2) A ward shall not provide personal services to the staff.
(3) A ward assigned as a food handler or working in food service areas
shall have a prior medical clearance.
NOTE: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Secfions 1001. 1002, 1004. 1752, 1760.4 and 1760.5, Welfare and Institutions
Code.
History
1. Order of Repeal of subsections (a) and (b) filed 6-3-85 by OAL pursuant to
Government Code Section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4725. Payment Method.
A ward in a work pay program shall be paid on a monthly basis and
at a prescribed rate. A ward shall not be assigned to more than one pay
posidon at one dme, regardless of the source of funds.
(a) A ward paid under the vocadonal rehabilitation program of the Ele-
mentary and Secondary Education Act (ESEA) shall not be assigned to
a ward pay posidon.
(b) A ward engaged in fire suppression, emergency operadons, or re-
lated acdvides shall be compensated at the overdme rate for:
(1) All work and travel dme on emergency assignments.
(2) Time worked on holidays or normal days off.
(3) Time spent eating or engaging in fire camp roudne before bedding
down.
(c) A ward who is not assigned to actual fire or emergency crews but
who is required to assist in preparing crews for emergency duty, such as
kitchen workers, laundrymen, warehousemen and swampers, may be
compensated at the overtime rate.
(d) No payment shall be made for sleeping time.
NOTE: Authority cited: Section 1712, Welfare and Insfitutions Code. Reference:
Sections 1001, 1002, 1004, 1752, 1760.4 and 1760.5, Welfare and Institutions
Code.
History
1. Editorial correcfion of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
Subchapter 3. Services to Wards
Article 1. Medical and Dental Services
§ 4730. Medical and Dental Treatment.
Medical and dental treatment shall be provided Youth Authority
wards according to the following guidelines:
(a) Emergencies, acute illnesses, and traumatic condidons of recent
origin shall be treated prompdy.
(b) Emergent condidons shall be treated when such treatment is indi-
cated for the welfare of the individual in order to preserve health, prevent
permanent disability, or prevent permanent impairment of the health and
welfare of the ward. In borderline cases, health care decisions shall be
based upon the judgment of the physician or the dentist acting in accor-
dance with the guidelines for the Utilizadon Review Committee.
(c) Ongoing medical treatment which is necessary for the maintenance
of health, including the treatment of chronic conditions such as diabetes
mellitus or epilepsy, shall be provided.
(d) Significant functional defects, which would include those incun-ed
prior to Youth Authority commitment or while in a Youth Authority fa-
cility, may be corrected if:
(1) There is marked functional disability, or
(2) The delay in the correction of such a disability would result in fur-
ther loss of function or health impairment.
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Department of the Youth Authority
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(c) A ward requiring extensive or long-term medical, surgical, or psy-
chiatric treatment shall, when possible, be considered for return to the
committing county or home environment for such care.
(f) Correction of cosmetic defects shall not be provided except where
there is marked clinical evidence and expectation that the ward's physi-
cal and psychological slate may be greatly benefited by the correction of
such cosmetic delect.
NOTI- Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004. 1752, 1755.3 and 1755.5, Welfare and Institutions
Code.
History
1 . Order of Repeal of last sentence of subsection (f) filed 6-3-85 by OAL pursuant
to Government Code Section 1 1 349.7; effective thirtieth day thereafter (Regis-
ter 85, No. 26).
2. Editorial con-ection of NoTi; fded 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of section heading and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2)."
§ 4731 . Treatment Centers.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711. 3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711.3, 1752, 1755.3 and 1755.5,
Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4732. Medical and Dental Examination.
(a) A ward shall receive a complete baseline health evaluation, includ-
ing a dental examination, and the physician shall record in the ward's
medical record the following:
(1) The ward's complete medical history.
(2) Medical findings.
(3) Treatment recommendations.
(b) (Reserved)
(c) A physical examination for a parole violator returned to a reception
center and clinic:
(1) Shall consist of an interval history and physical examination when
the previous medical record is available and when, in the judgment of the
chief medical officer, the previous information is sufficient.
(2) Shall consist of a complete history, physical examination and labo-
ratory tests when the medical record is not available.
(d) A ward scheduled for transfer to a camp shall be examined to deter-
mine fitness and shall receive priority for the necessary dental and/or
medical treatment to prepare the ward for camp clearance. The ward may
be held for completion of such treatment before being transferred to a
camp.
(e) A ward returning to a facility after furlough or escape shall not be
permitted to come in contact with other wards until he or she has been
examined for infectious diseases and cleared by medical staff.
(f) A ward shall have a physical examination prior to being assigned
to work as a food handler or in food service areas.
(g) A ward shall receive a physical examination, and the medical and
dental staff shall review his or her medical and dental records upon notifi-
cation of a projected date for release to parole. When a ward with a dis-
ability, illness, or condition requiring continuous medical treatment and
medication is released to parole, the chief medical officer shall approve
the provision of a 30 day supply of the required medication. For those
wards prescribed psychotropic medications that could pose a serious
health risk if taken in a suicide attempt, the chief medical officer shall ap-
prove the provision of a three (3) day supply of medication and a 15 day
prescription. This section does not authorize the dispensing of Drug En-
forcement Administration regulated medication or other drugs of high
abuse potential unless withdrawal could create side effects.
NOTR: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of Noth fded 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of section heading and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2).
§ 4733. Consent for Medical or Dental Treatment.
(a) Consent shall be obtained for all medical or dental treatment. Treat-
ment and procedures which are complex, as identified by the physician
or dentist, and psychotropic medication require informed consent. In-
formed consent is defined as consent which is obtained without duress
or coercion and which clearly and explicitly manifests consent to the pro-
posed medication, treatment or procedure in writing.
(b) A ward 1 8 years of age or older, or a ward who has emancipated
minor status, who is competent to make an informed decision, may give
his or her own consent for medical or dental treatment.
(c) A ward 1 8 years of age or older or a ward who has emancipated mi-
nor status, who is not competent to give informed consent, is a ward, who
in the professional opinion of a physician or psychiatrist, is considered
incompetent to refuse psychiatric treatment or psychotropic medication,
or lacks the capacity to refuse medical or dental treatment, or medication.
This includes a ward who lacks the ability to knowingly and intelligently
act upon the medical information provided.
(d) For a ward under 1 8 years of age, who legally cannot give informed
consent, medical or dental treatment shall be given as follows:
(1) Primary care treatment may be approved by the superintendent in
the event that a parent or guardian cannot be located.
(2) Complex treatment, as identified by the physician or dentist, or
psychotropic medication for wards under 18 require informed consent
from a parent or guardian.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (c) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85. No. 26).
2. Editorial correction of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of section heading and repealer and new section filed 1-9-2002;
operative 2-8-2002 (Register 2002, No. 2).
§ 4734. Refusal of Medical or Dental Treatment.
(a) A ward, or a parent or guardian if the ward is under 1 8 years of age,
may reliise medical, surgical, mental and/or dental treatment, including
the administration of medication; and if the treatment is accepted, may
revoke that acceptance at any time in the future. However, necessary
medical or dental treatment may be administered to a ward, either an
adult or a minor, without consent, or in the absence of a parent or guard-
ian' s consent and against his or her will and in accordance with Section
4735. Involuntary psychotropic medication may be administered in ac-
cordance with Article 1.5, Section 4747.
(b) The Youth Authority physician or dentist shall explain the conse-
quences of the refusal to the ward or a parent or guardian if the ward is
under 1 8 and record the refusal in the medical record, including a state-
ment of the possible consequences if the medical, surgical, mental and/or
dental treatment is not administered.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secdons 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. Editorial correcrion of Note filed 11-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2).
§ 4735. Compulsory Medical or Dental Treatment.
(a) Authorization may be sought from a court to compel necessary
medical and/or dental treatment for a ward 1 8 years of age or older or for
a ward under 18, when a parent or guardian refuses to consent or is not
available if:
(1) In the professional opinion of the treating physician, the treatment
is immediately necessary for the prevention of death or severe physical
disability to the ward in question, or
(2) In the opinion of the chief medical officerand the chief of the health
care services division, there would be a resultant danger to the welfare
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
and/or safety of the institution and/or staff or wards as a result of the re-
fusal.
(b) Medical or dental treatment, as defined in subsection (a)(1) and
(a)(2) may be initiated immediately and continued pending resolution by
the court.
(c) Involuntary psychotropic medication may be administered in ac-
cordance with Article 1.5, Section 4747.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. Kditorial collection of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85. No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2).
§ 4736. Abortion.
A female ward in a facility setting who is found to be pregnant and de-
siring an abortion shall be permitted to determine her eligibility for an
abortion pursuant to law, including Article 2, Chapter 2, Division 106 of
the Health and Safety Code, and, when determined to be eligible, shall
be permitted to obtain an abortion.
(a) Facilities in which female wards reside shall maintain a procedure
to:
(1) Advise the ward of the pregnancy and determine necessary steps
to assist her in obtaining services pursuant to Article 2, Chapter 2, Divi-
sion 106 of the Health and Safety Code.
(2) Obtain the services of an independent agency, e.g.. Planned Parent-
hood, to provide counseling and information when the ward indicates she
wishes to consider an abortion.
(A) Place the ward in contact with the outside agency and
(B) Provide transportation, if necessary.
(b) When the ward chooses to have an abortion, an independent
agency shall be contacted, and arrangements will be made for the abor-
tion by that agency.
(1) Financial arrangements shall be as follows:
(A) The ward assumes financial responsibility, or
(B) The staff arranges to return the ward to the county of commitment,
if the ward is a diagnostic commitment pursuant to Sections 704 or 707.2
of the Welfare and Institutions Code.
(2) When the ward is unable to pay her own expenses, staff shall ex-
plore available financial resources, such as payment by a parent or guard-
ian or medical insurance. When the ward has inadequate or no financial
resources, the Youth Authority shall provide the necessary funds to cover
the medical expenses.
(3) Staff shall provide transportation and security coverage as neces-
sary.
(4) Staff shall arrange for appropriate medical follow-up, if required.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1002, 1004, 1752, 1753 and 1755, Welfare and Institutions Code; and Ar-
ticle 2, Chapter 2, Division 106, Health and Safety Code.
History
1. Editorial correction of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of section and Note filed 1-9-2002; operafive 2-8-2002 (Register
2002, No. 2).
§ 4737. Family Planning Services.
Wards shall be provided with adequate family planning services by
qualified medical personnel as prescribed in Sections 3409 and 4023.5
of the Penal Code, Section 1753.7 of the Welfare and Institutions Code,
and Sections 6920, 6921, and 6925 of the Family Code.
(a) When requested by a ward, family planning services shall consist
of:
(1) (Reserved)
(2) Referral to community agencies or a local physician.
(3) Encouragement for ward to enroll in family life education classes.
(b) Parental consent for these services shall not be required.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1753.7, Welfare and Institutions Code; Sec-
tions 3409 and 4023.5. Penal Code; and Sections 6920, 6921 and 6925, Family
Code.
History
1 . Order of Repeal of subsection (a)( 1) filed 6-3-85 by OAL pursuant to Govern-
ment Code Secuon 1 1349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Editorial conection of NoTl-, filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of first paragraph and Note filed 1-9-2002; operative 2-8-2002
(Register 2002, No. 2).
§ 4738. Infirmary Care.
NOTE; Authority cited: Sections 1001 , 1002. 1004, 171 1.3 and 1751. Welfare and
Institutions Code. Reference: Sections 1002, 1711.3, 1752 and 1755.3, Welfare
and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day "thereafter (Register 85, No. 26).
§ 4739. Off-Site Medical and Dental Treatment.
Off-site health care services may be provided when emergency or oth-
er necessary medical, surgical, mental, or dental treatment cannot be pro-
vided at a Youth Authority facility. The chief medical officer shall ar-
range to send the ward to a medical facility with which a contract has been
negotiated for emergency and inpatient service, unless the Emergency
Medical System makes the decision as to the receiving hospital.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Secfions 1001, 1002, 1004, 1752, 1755.3, 1755.5 and 1756, Welfare and Institu-
tions Code.
History
1. Editorial correction of Note filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of section heading and section filed 1-9-2002; operative
2-8-2002 (Register 2002, No. 2).
§ 4740. Dental Examinations and Treatment.
A ward admitted to a reception center and clinic shall receive a com-
plete dental examination and appropriate dental treatment shall be initi-
ated.
(a) When dental treatment cannot be completed at a reception center
and clinic, the remaining treatment shall be completed at the institution
to which the ward is transferred.
NOTE: Authority cited: Section 1712, Welfare and Insfitutions Code. Reference:
Secfions 1001, 1002, 1004. 1752 and 1755.3, Welfare and Institudons Code.
History
1 . Editorial correcfion of Note filed 1 1-21-85; effecUve thirtieth day thereafter
(Register 85, No. 47).
2. Amendment of first paragraph and subsection (a) and repealer of subsection (b)
filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 4741 . Environmental Inspection.
NOTE: Authority cited: Sections 1001, 1002, 1004, 1711.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002. 171 1.3 and 1752. Welfare and Insti-
tutions Code.
History
1 . 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).
Article 1 .5. Mental Health
§ 4742. Availability of Mental Health Services.
(a) The Department shall provide wards, who have been diagnosed by
a Youth Authority Global Assessment of Function (YA-GAF) as having
a mental disorder, with available mental health treatment services.
(b) Mental health services shall be provided in a manner consistent
with the community standards of mental health care.
(c) The goal shall be to achieve a standardized and integrated system
of care designed to augment current treatment programs and to create a
continuum of services as follows:
(1) Treatment in a Correctional Treatment Center (CTC), which pro-
vides licensed hospital inpatient acute and nonacute care.
(2) Treatment in an Intensive Treatment Program (ITP), which pro-
vides residential intensive treatment.
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Department of the Youth Authority
§ 4746.5
(3) Treatment in a Special Counseling Program (SCP) which provides
residential specialized counseling services and therapy.
(4) Treatment while housed in a general population program, which
provides therapy with a psychiatrist or psychologist.
Noil-: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001. 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
I. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 4743. Mental Health Records.
(a) The Unified Health Record is the official and chronological record
of mental health treatment and shall be used to document that appropriate
care has been delivered.
(b) The Unified Health Record shall be subject to the Information
Practices Act of 1977 of the Civil Code, Sections 1798-1798.82 of Chap-
ter 1 governing confidentiality and disclosure.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 4744. Suicide Prevention, Assessment, and Response.
(a) The superintendent of each facility shall establish a suicide preven-
tion, assessment, and response policy that is consistent with the follow-
ing elements:
( 1 ) Identification and screening based on a file review and a face-to-
face interview with each ward upon intake at each reception center and
clinic, institution, or camp.
(2) Assessment and referral to include:
(A) Referral of any potentially suicidal ward to the appropriate mental
health professional.
(B) Assessment of the ward's suicidal status at each progress case con-
ference.
(C) Immediate referral to the appropriate mental health professional
for any ward who appears to need intervention.
(3) Crisis management based on direct daily contact with wards and
skills in observation and awareness of changes in mood or behavior.
(4) Immediate intervention after direct visual evidence of a suicide at-
tempt, a suicide threat, or indications of suicidal ideation.
(5) Monitoring guidelines for actively suicidal wards to include:
(A) Constant sight supervision by staff on a one-on-one basis unless
video monitoring is available.
(B) Personal and verbal contact at no more than 15 minute intervals
with documentation of each 15 minute check.
(C) A determination by the appropriate mental health professional of
the level of housing, supervision, and programming necessary to effec-
tively manage the crisis. The decision to remove a ward from suicide
watch is to be made only by a designated psychiatrist or psychologist.
(6) Training for all staff in the recognition of signs of suicidal ideation
or intent and suicide prevention.
(A) Orientation for all volunteers and others working with wards in the
recognition of suicidal ideation or intent.
(B) Annual training for mental health professionals designated as the
primary caregiver for suicidal wards.
(7) Standardized reporting and collection of data regarding suicide
threats, gestures, and attempts with review by a Suicide Prevention and
Review Committee at each institution and a Branch Committee.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 4745. Youth Authority Global Assessment of
Functioning (YA-GAF).
(a) The YA-GAF is the primary diagnostic assessment of mental dis-
order for Youth Authority wards and the basis for assignment to mental
health treatment programs.
(b) The YA-GAF shall:
( 1 ) Describe symptoms and behavior unique to adolescent and young
adult wards in Youth Authority facilities.
(2) Identify wards who will receive the most benefit from the mental
health treatment programs.
(3) Identify wards who are not appropriate for the mental health treat-
ment programs and who require an alternative approach.
(4) Ensure a consistent screening for mental health treatment pro-
grams through the use of a standardized YA-GAF screening form, YA
8.216 (Revised 2/01).
(c) The YA-GAF screening shall consist of a face-to-face assessment
of wards by a trained team of two mental health professionals, one of
whom must be a clinical psychologist or psychiatrist.
(d) Oversight of the YA-GAF screening process shall be provided by
a Utilization Review Panel at each facility, which shall review a random
sample of at least two YA-GAF screenings every 30 days.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
l.New section filed 1-9-2002; operative 2-8-2002 (Register 2002. No. 2).
§ 4746. Psychotropic Medication.
(a) Psychotropic medication shall be ordered and administered only
after a psychiatrist, in consultation with the treatment team, has evaluated
the ward, arrived at a differential diagnosis, and concluded that the ward
would benefit from a psychotropic medication.
(b) The psychotropic medication shall be justified with a YA-GAF
evaluation and a full and proper Diagnostics and Statistics Manual IV
(DSM IV) diagnosis with linkage for a specific effect to the mental health
diagnosis in Axis I or the behavioral diagnosis in Axis II
(c) All psychotropic medication shall be administered by directly ob-
served therapy by nursing personnel and shall be property recorded in the
Unified Health Record.
(d) Informed consent shall be obtained for the administration of volun-
tary psychotropic medication in accordance with Article 1 , Section 4733.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
§ 4746.5. Voluntary Psychotropic Medication to Minors.
(a) Voluntary psychotropic medication may be administered to a mi-
nor committed to the Youth Authority only for treatment of signs and
symptoms of a Diagnostic and Statistical Manual of Mental Disorders,
Fourth Edition, Text Revision (2000) (DSM-IV-TR tm), diagnosis with
linkage for a specific effect to the mental health diagnosis in Axis I or the
behavioral diagnosis in Axis II.
(b) In order to administer psychotropic medication to minors com-
mitted to the Department informed consent shall be obtained in accor-
dance with Article 1, Section 4733. If the Department is unable to locate
a parent or legal guardian to receive informed consent, voluntary psycho-
tropic medication may be administered under the following circum-
stances:
(1) When two physicians have reviewed the need and agree that it is
medically appropriate, and
(2) When the minor agrees to the administration of psychotropic me-
dication and an Application for Order for Psychotropic Medication-Ju-
venile (Judicial Council form JV 220 (New I/l/Ol )) is filed with the juve-
nile court of commitment.
(c) If the medication is administered according to the above proce-
dures and the court denies the Application for Order, the medication shall
terminate. The termination of medication shall be done in keeping with
medical standards.
NOTE: Authority cited; Section 1712, Welfare and Institutions Code. Reference;
Sections 1001, 1002, 1004, 1752, 1753.3 and 1755.4, Welfare and Institutions
Code.
History
1 . New article 1 .5 (section 4746.5) and section filed 1 1-29-2001 as an emergency;
operative 11-29-2001 (Register 2001, No. 48). A Certificate of Compliance
must be transmitted to OAL by 3-29-2002 or emergency language will be re-
pealed by operation of law on the following day.
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§4747
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Certificate of Compliance as to 11-29-2001 order, includine amendments,
transmitted to OAL 3-28-2002 and filed 5-8-2002 (Register 2002, No. 19).
§ 4747. Involuntary Psychotropic Medication.
(a) Itivolunlary psychotropic medication may be administered in an
emergency. An emergency exists when:
( 1 ) There is a tnarked change in the ward' s condition that indicates that
action is immediately necessary for the preservation of life or the preven-
tion of bodily harm to self or others, and
(2) It is impracticable or impossible to obtain informed consent.
(b) Tlie administration of psychotropic medication in an emergency
shall be only that which is required to treat the emergency condition and
shall be provided in ways which are the least restrictive to the personal
liberty of the ward.
(c) The administration of psychotropic medication in an emergency
may be continued for 72 hours on the order of the psychiatrist or physi-
cian.
(d) The chief medical officer at each facility shall ensure that a log is
maintained in which each occasion of involuntary psychotropic medica-
tion is recorded for each ward.
( 1 ) The log shall identify the ward by name and number, and shall in-
clude the name of the ordering physician, the reason for medication and
the time and date of medication.
(2) The log shall be reviewed by the chief medical officer at least
monthly and shall be made available for review by the chief of the health
care services division upon request.
(e) The administration of involuntary psychotropic medication in ex-
cess of 72 hours for wards 1 8 years of age or older or emancipated minors
shall be prohibited unless such wards are provided with the protections
required in Keyhea v. Rushen, Solano County Superior Court No. 67432,
Order Granting Plaintiffs Motion for Clarification and Modification of
Injunction and Permanent Injunction, filed October 31, 1986.
( 1 ) The administration of involuntary psychotropic medication in ex-
cess of ten days shall be prohibited unless such wards are provided with
the protections required in Keyhea v. Rushen, supra.
(2) The administration of involuntary psychotropic medication in ex-
cess of 24 days shall be prohibited unless such wards are provided with
the protections required in Keyhea v. Rushen, supra.
(A) The judicial hearing for the authorization for the involuntary ad-
ministration of psychotropic medication provided for in part III of Key-
hea v. Rushen, supra, shall be conducted by an administrative law judge.
(B) The judicial hearing may, at the direction of the director, be con-
ducted at the facility where the ward is located.
(f) The administration of involuntary psychotropic medication in ex-
cess of the 72 hours for wards under the age of 18 who are not emanci-
pated minors shall be in accordance with the following and shall occur
only when a parent or guardian denies consent as defined in Article 1 ,
Section 4733 or when a parent or guardian is not available:
( 1 ) If consent is denied by a parent or guardian and the ward meets the
criteria identified in Keyhea v. Rushen, supra, the procedures in subsec-
tion (c)(1) through (c)(4) shall be initiated.
(2) If consent is denied by a parent or guardian and the ward does not
meet the criteria identified in Keyhea v. Rushen supra but has a diagnosed
mental health condition that would benefit from psychotropic medica-
tion, medication shall not be administered. Psychotherapy shall be initi-
ated and the progress and outcome recorded in the Unified Health Re-
cord.
(3) If the parent or guardian is not available and the ward meets the cri-
teria identified in Keyhea v. Rushen, supra, the procedures in subsection
(c)(1) through (c)(4) shall be iniUated.
(4) If the parent or guardian is not available and the ward does not meet
the criteria identified in Keyhea v. Rushen, supra, consultation from a
community psychiatrist shall be obtained. Administration of psychotro-
pic medication shall be based on the recommendation of the community
psychiatrist.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002, 1004, 1752 and 1755.3, Welfare and Institutions Code; ATey-
heu V. Rushen, Solano County Superior Court No. 67432, Order Granting Plain-
tiffs' Motion for Claiification and Modification of Injunction and Permanent In-
junction, filed October 31, 1986.
History
1. New section filed 1-9-2002; operative 2-8-2002 (Register 2002, No. 2).
Article 2. Religious Services
§ 4750. Definitions.
(a) Religious services are regularly scheduled weekly gatherings of a
religious faith group such as Catholicism, Protestantism, Islamism, Juda-
ism, and Native American.
(b) Alternate religious services are sessions provided to individual
ward(s) who are restricted from attending, or otherwise unable to attend
(e.g., medical reasons), regularly scheduled weekly gatherings of a
religious faith group. Alternate religious services are considered
religious services.
(c) Religious programs are regularly scheduled religious ancillary ac-
tivities for various faith groups, such as Bible study groups, catechism,
and choir rehearsal.
(d) Special religious activities are activities other than regularly sched-
uled religious services and programs such as epiphanies, baptisms, and
religious retreats.
(e) Faith group leaders are defined as people in good standing with
their faith group who can provide services and/or programs to their desig-
nated faith group.
(f) Religious volunteers are members of the community who represent
various religious faith groups.
NOTE: Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institu-
tions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions
Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment
I, United States Constitution.
History
1. New section filed 1-25-2005; operative 2-24-2005 (Register 2005. No. 4). For
prior history, see Register 85, No. 26.
§ 4750.1 . Religious Services to Wards.
(a) The Department recognizes the inherent right of individuals to ex-
ercise their constitutional rights to hold religious convictions and prac-
tice reUgion. The Department shall ensure all wards are afforded the rea-
sonable opportunity to participate in religious services and programs as
provided in these regulations. The exercise of religious freedom without
discrimination, harassment, or preference is guaranteed unless such is in-
consistent with the safety and/or security of the facility or promotes vio-
lence or illegal acts.
(b) The Department shall not place a substantial restriction on a ward' s
exercise of religion unless the exercise is inconsistent with a compelling
governmental interest (including safety and/or security interests) or pro-
motes violence or illegal acts. The Department shall document what al-
ternatives were considered and allow the least restrictive means that does
not violate the above standard.
(c) If religious services of a ward' s faith are not available in the facility,
the chaplains shall make a good faith effort to faciUtate services or coun-
seHng with a faith group leader or volunteer representative of the ward's
faith.
(d) The facility superintendent shall provide all wards access to
religious services and/or alternate religious services at least once a week.
(1) Each ward shall have the opportunity to attend one religious ser-
vice per week of his or her choice.
(2) Wards may be restricted from attending religious services for the
following reasons only:
(A) Ward is on Temporary Detention.
(B) Ward is assigned to a Special Management Program.
(C) Ward is on Administrative Lockdown.
(D) Ward or group of wards presents a safety and/or security risk to
a religious service, as determined and documented by staff.
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Department of the Youth Authority
ij 4760
(3) Wards restricted or otherwise unable to attend a religious service
shall be provided access to a chaplain/faith group leader for alternate
religious services.
(4) If there is a limit to the number of wards who can attend a religious
service due to lack of room capacity or for security reasons, priority shall
be given to wards of the designated faith group; however, additional or
alternate services shall be held to accommodate all wards who requested
to attend.
(e) Each ward shall have the opportunity to explore other faith groups
by attending religious programs of any religious faith group, regardless
oi' his/her designated religious faith group.
(f) A ward may be restricted from attending religious programs for the
following reasons:
( 1 ) Ward is on Temporary Detention.
(2) Ward is assigned to a Special Management Program.
(3) Ward is on Administrative Lockdown.
(4) Staff, with a manager's approval, determine that the ward or group
of wards presents a safety and/or security risk to a religious program.
(g) A ward may also be restricted from attending a religious program
for the following reasons; however, whenever practical, a reasonable
good faith attempt should be made to schedule the below events to not
conflict with religious programs:
( 1 ) Serving Disciplinary Decision-Making System (DDMS) room re-
strictions.
(2) Attending mandated treatment groups.
(3) Attending Case Conference.
(4) Attending Institutional Classification Committee hearings.
(5) Attending Youth Authority Board hearings.
(6) Conflict with assigned school classes.
(h) Restriction of wards from religious programs will not be based on
poor program performance on the living unit, academic areas, or because
of status or phase in a program.
(i) The Department shall allow wards to exercise their constitutional
religious rights and to express their religious tenets and personal
religious convictions through:
( 1 ) The observance of religious holy days
(2) Grooming
(3) Personal Property
(A) Wards may wear one cross, or one medallion or one medicine bag
at all times underneath his/her garment. Wards who wish to wear or carry
other artifacts will only be allowed to do so when going to or from
religious services and programs.
(B) All religious artifacts/materials shall be subject to search by staff.
(C) Wards who choose to wear a medicine bag must adhere to the fol-
lowing security guidelines:
1. Medicine bags shall not be sewn closed in order to facilitate
searches.
2. Searches of medicine bags shall be accomplished by having the
ward turn the bag inside out in the presence of staff and pouring the con-
tents into her/her hands.
(4) Literature
(5) Diet
(A) Any ward that requests a religious diet shall be responsible for in-
forming the facility chaplain (or religious representative of his/her faith)
in writing.
(B) Each facility shall make reasonable efforts to accommodate those
wards that require religious diets.
(C) Religious diets shall be nutritionally adequate when certain foods
are excluded by a ward because of his/her religious dietary restrictions.
(D) A ward must remain on a religious diet for a minimum of 30 days
due to administrative and purchasing constraints.
(6) Rights set forth in subdivision (i)( 1 ) through (5) above are subject
to limitations if inconsistent with the safety and/or security of the facility
or promotes violence or illegal acts.
(j ) The Department shall restrict the following religious practices and
activities:
( 1 ) Activities that advocate racial purity or violence or illegal activities
as a means of achieving that goal.
(2) Animal sacrifice
(3) Consumption of blood
(4) Consumption of alcohol
(5) Encryption/coding
(6) Ingestion of illegal substances
(7) Nudity
(8) Paramilitary exercises
(9) Profanity
(10) Racially inflammatory activities that are reasonably likely to
cause violence at the facility
(11) Self defense training
(12) Self-mutilation
(13) Sexual acts
(14) Use or display of weapons
(15) Possession of any incendiary devices, i.e. matches, fuel
( 1 6) Any act or practice that is inconsistent with the safety and/or secu-
rity of the facility or promotes violence or illegal acts.
(k) When placing a restriction on a ward's religious exercise, the De-
partment shall document what alternative accommodations were consid-
ered. In addition the ward's preferred option shall be allowed when not
inconsistent with the safety and security of the facility.
(/) Chaplains, religious leaders, religious volunteers, staff, members
of the community or wards may not proselytize (i.e., initiate unsolicited,
unwanted, or forceful attempts to persuade another individual to convert
from one religious belief to another).
NOTE: Authority cited: Sections 1002, 1004, 1712 and 1752, Welfare and Institu-
tions Code. Reference: Sections 1004, 1705 and 1752, Welfare and Institutions
Code; Section 4, Article I, California Constitution; and Bill of Rights, Amendment
I, United States Constitution.
History
1. New section filed 1-25-2005; operative 2-24-2005 (Register 2005, No. 4).
§ 4751 . Chaplain/Ward Communication.
(a) A Chaplain may hold in confidence any information concerning a
ward in his care which would be against the tenets of his religion to di-
vulge. If a ward divulges or wishes to divulge information that concerns
the safety of the ward, the safety of others, or the facility's security, the
chaplain shall:
(1 ) Encourage the ward to discuss such information with the appropri-
ate staff, and
(2) Obtain the ward's permission, if possible, to pass on such informa-
tion.
(3) Notify the Superintendent immediately of any information that im-
pacts the safety and/or security of an individual ward or of the facility,
if to do so will not violate the Chaplain's religious tenets (such as sacra-
mental confession or other penitential communication that the Chaplain
is required to keep secret under the rules of his/her religious organiza-
tion).
NOTIi; Authority cited: Sections 1002, 1004, 1712 an 1752, Welfare and Institu-
tions Code. Reference: Sections 1001, 1002. 1004, 1705, and 1752. Welfare and
Institutions Code.
History
1 . Order of Repeal of subsection (a) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter ( Register 85. No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
3. Amendment of secdon and Noxi-; filed 1-25-2005; operative 2-24-2005 (Reg-
ister 2005, No. 4).
Article 3. Education Program
§ 4760. Instructional Programs.
(a) Curricula shall be developed which will provide worthwhile and
meaningful learning experiences commensurate with and related to a
ward's:
(1) Age, capabilities, educational needs, goals and interests.
(2) Individual needs when he returns to the community.
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§4761
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(b) Academic programs shall be designed to meet requirements for
high school graduation, or its equivalent, and enable the ward to achieve
his academic potential.
(c) The remedial, vocational, and academic programs offered shall
meet the standards established for the Youth Authority by the State De-
partment of Education.
NOTK: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections lOOi. 1002, 1004, 1752 and 1768, Welfare and Institutions Code.
History
1 . Order of Repeal of first sentence and subsections (d) and (e) filed 6-3-85 by
OAL pursuant to Government Code Section 1 1349.7; effective thirtieth day
thereafter (Register 85, No. 26).
2. Editorial coiTection of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register85, No. 47).
§4761. Physical Education.
NOTH; Authority cited: Secuons lOOI, 1002. 1004. 1711.3 and 1751. Welfare and
Institutions Code. Reference: Sections 1002, 171 1.3, 1752 and 1768, Welfare and
Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11349. 7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4762. Family Life Education.
The ward shall be given adequate information on all aspects of family
life, family planning, education, and human sexual behavior, whenever
possible. The ward shall be free of coercion or pressure to accept family
planning services against his will.
NOTH: Authority cited: Sections 1712 and 1751, Welfare and Institutions Code.
Reference: Sections lOOI, 1002, 1004, 1752, 1753.7 and 1768. Welfare and Insti-
tutions Code; Sections 3409 and 4023.5. Penal Code; and Section 34.5, Civil
Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4763. Survival Education.
NOTI:: Authority cited: Sections 1001, 1002. 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 171 1.3, 1752 and 1768, Welfare and
Institutions Code.
History
I . 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).
§ 4764. Career Education Programs.
NOTI-:: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711.3, 1752and 1768, Welfare and
Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1.349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4765. College Programs.
Notp:: Authority cited: Sections 1001, 1002. 1004, 171 1.3 and 1751, Welfare and
Insfitutions Code. Reference: Sections 1002, 171 1.3, 1752 and 1768, Welfare and
Institutions Code.
History
1. 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).
§ 4766. Elementary and Secondary Education Act.
(a) Only wards who are eligible for ESEA Title I programs may partic-
ipate in ESEA funded programs.
(b) A ward is eligible if he is:
(1) Under 21 years of age, and
(2) Not beyond grade 12.
(c) The institution education committee shall serve as the ESEA advi-
sory committee. The advisory committee shall meet regularly to provide
advice and consultation on all aspects of the Title I program.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 102, 1004, 1752 and 1768, Welfare and Institudons Code.
History
1 . Order of Repeal of first sentence filed 6-3-85 by OAL pursuant to Government
Code Section 11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4767. General Education Development Tests.
The Youth Authority may administer General Education Develop-
ment (GED) tests or make arrangements for a ward to be tested at a local
public school if the ward:
(a) Is 1 8 years of age or older, and
(b) Scores at least at the eighth grade level on the Standardized
Achievement Test, and
(c) Scores at least 8.0 on the Standardized Achievement Test for math.
NOTIi: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1001, 1002,1004, 1752 and 1768, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 1 1-21-85; effective thirtieth day thereafter
(Register 85, No. 47).
§ 4768. Records, Evaluations and Transcripts.
NOTE: Authority cited: Sections 1001, 1002, 1004, 171 1.3 and 1751, Welfare and
Institutions Code. Reference: Sections 1002, 1711 .3, 1752 and 1768, Welfare and
Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Chapter 4. Parole Services
Article 1. General Provisions
§ 4800. Objectives of the Branch.
NOTE: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. New Chapter 4 (Articles 1-6, Sections 4800-4857, not consecutive) filed
2-9-79; effective thirtieth day thereafter (Register 79, No. 6).
2. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 44).
§ 4801 . Parole Services.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfaie and Institutions Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(1) (Register 82, No. 44).
§ 4802. Environmental Inspection.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752. Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Article 2. Pre-Parole Services
§ 4808. Community Assessment Report.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Secfions 1711.3 and 1752, Welfare and Institutions Code.
History
1. Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
31).
2. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4809. Community Reaction Investigation.
NOTE: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4810. Dependent's Benefits Investigation.
NOTE: Authority cited: Sections 171 1.3 ad 1751, Welfare and Institutions Code.
Reference: Sections 1711.3, 1752, and 1752.8, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Page 264.2
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Title 15
Department of the Youth Authority
55 4829
§ 481 1 . Emergency Furlough.
NOTI - Aut hi)rit y cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1 178, 171 1.3 and 1752, Welfare and Institutions Code.
Hlstory
1. Repealer filed 6-6-83: effective thirtieth day thereafter (Register 83, No. 24).
§ 4812. Training Furlough.
Nort;: Authority cited: Sections 171 1 .3 and 1751 , Welfare and Institutions Code.
Reference: Sections 1 178. 171 1.3, and 152, Welfare and Institutions Code.
History
1. Repealer filed 6 6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4813. Notification of Death, Serious Injury or Illness of
Ward.
NOTi;: Authority cited: Sections 1711.3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4814. Placement on Parole.
NOTi:: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 171 1.3, 1752 and 1766, Welfare and Institutions Code.
History
1. Repealer filed 10-29-82 by GAL pursuant to Government Code Section
1 1349.70) (Register 82, No. 44).
§4815. Release Arrangements.
NOTH: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Article 3. Parole Supervision
§ 4820. Initial Contact.
NOTK: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1711.3, 1752 and 1766, Welfare and Institutions Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.70) (Register 82, No. 44).
§ 4821. Registration of Special Cases.
NOTH: Authority cited: Sections 171 1.3 and 1751, Welfare and Insfitutions Code.
Reference: Sections 1711.3, 1752 and 1767.2, Welfare and In.stitutions Code; 290,
Penal Code; and 1 1590 and 1 1592, Health and Safety Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.70) (Register 82, No. 44).
§ 4822. Continuing Supervision.
(a) Each parolee shall have at least one face-to-face contact each week
during his first 30 days on parole. Thereafter, face-to-face contacts shall
be required at least bi-weekly.
(b) Additional contacts may be necessary depending on the parolee's
treatment plan.
(c) The location of the contact shall be determined on an individual ba-
sis.
NOTi:: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766, Welfare and Institutions Code.
History
1 . Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
31).
2. Editorial correction of NOTK filed 9-21-82 (Register 82, No. 39).
§ 4823. Search.
Non-;: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 171 1.3, 1752 and 1766, Welfare and Institutions Code; 833,
Penal Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4825. Annual Review.
In accordance with Section 4972 the parole agent shall at least annual-
ly report to the Board a parolee's progress on parole, and shall assess and
report on the need for continued parole supervision.
(a) The parolee shall be notified of the date, place, and the right to ap-
pear, and be provided a copy of the parole agent's report, at least 10 days
prior to the annual review by the Board.
(b) When the parolee is in custody in a non-Youth Authority facility,
the parole agent shall:
(1) Provide the parolee with a copy of the parole agent's report.
(2) Notify the parolee of his right to submit a written response to the
report.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752, 1761 and 1762, Welfare and Institutions Code.
History
1. Editorial con-ecdon of NOTE filed 9-21-82 (Register 82, No. .39).
2. Repealer of subsection (b) and relettering of subsection (c) to subsection (b)
filed 1 0-29-82 by OAL pursuant to Government Code Section 1 1 349.7( j ) Reg-
ister 82, No. 44).
§ 4826. Temporary Detention.
Temporary detention may be utilized as an adjunct to parole supervi-
sion in accordance with Section 4985.
NOTE: Authority cited: SecUon 1712, Welfare and In.stitutions Code. Reference:
Sections 1752, 1766 and 1768, Welfare and Institutions Code.
History
1. Editorial con-ection of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4827. Out-of-state Travel.
(a) The parole agent may approve a parolee's request to travel outside
the state for:
(1) Visits under 30 days.
(2) Temporary residential moves.
Upon approval of the request to travel out-of-state, the parole agent
shall issue a travel permit to the parolee for such purposes.
(b) The parolee shall be required to sign an appropriate waiver of extra-
dition form prior to the approval of the out-of-state travel request.
Note: Authority cited: Secdon 1712, Welfare and Institutions Code. Reference:
Secdons 1300, 1752 and 1766, Welfare and Institutions Code.
History
1. Editorial cotTcction filed 9-21-82 (Register 82, No. 39).
§ 4828. Revised Parole Conditions.
Note: Authority cited: Secdons 171 1.3 and 1751, Welfare and In.stitutions Code.
Reference: Sections 171L3, 1752 and 1766, Welfare and Insdtudons Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
11349.70) (Register 82, No. 44).
§ 4829. Electronic Monitoring Home Restriction.
(a) Definition: Electronic Monitoring Home Restriction means the
placement of a device on the person of a parolee which would electroni-
cally monitor his/her location so that the parolee may remain in hi.s/her
own home or placement, in lieu of being placed in custody or remaining
in circumstances which are likely to result in violation of the law and/or
parole. The parolee would be confined to the home except for approved
activities, as described in (b)(2).
(b) To participate in Electronic Monitoring Home Restriction a parol-
ee must meet the following criteria:
( 1 ) The parolee voluntarily agrees to participate.
(2) The parolee is working, in school, in job training, or in a program
that promotes education, employability, or rehabilitation and adjustinent
to the community as prescribed by the parole agent including but not lim-
ited to:
(A) Job Search
(B) Outpatient Substance Abuse Treatment
(C) Outpatient Mental Health Treatment
(3) The parolee is not a danger to himself/herself, others, or the com-
munity.
(4) Parolee's behavior is such that if not corrected will lead to a sub-
stantial violation of the conditions of parole.
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§ 4830
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Title 15
(c) Duration of Electronic Monitoring Home Restriction
(1 ) The duration of Electronic Monitoring Home Restriction shall be
a minimum of ten ( 1 0) days and shall not exceed 90 continuous days, un-
less an extension is agreed upon by the parolee and the parole agent.
NOTI-: Authority cited: Section 1712. Welfare and Institutions Code. Reference:
Sections 1766 and 1768, Welfare and Institutions Code.
History
1. New section filed 6-25-90; operative 6-25-90 (Register 90, No. 34).
Article 4. Services to Parolees
§ 4830. Introduction.
Parole staff shall assist parolees in obtaining adequate housing, em-
ployment, financial assistance, social and medical services, educational
placement, and other resources or services which will increase the likeli-
hood of a parolee's adjustment in the community.
NOTL: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. Editorial correction filed 9-21-82 (Register 82, No. 39).
§ 4830.1 . Limitations on Parole Services for Aliens.
(a) All eligibility requirements contained herein shall be applied with-
out regard to race, creed, color, gender, religion, or national origin.
(b) Pursuant to Section 41 1 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, (8 U.S.C. Section 1621), and
notwithstanding any other provision of this division, aliens are not eligi-
ble to receive the following parole services unless they are, as defined by
federal law, "qualified aliens" (see 8 U.S.C. Section 1641), "nonimmi-
grant aliens" under the Immigration and Nationality Act (see 8 U.S.C.
Section 1 101(a)(15)) or "aliens paroled into the United States under 8
U.S.C. Section 1 182(d)(5) for less than one year":
(1) Bus passes
(2) Mental health treatment and services
(3) Parenting education
(4) Job placement
(5) Cash assistance
(6) Clothing assistance
(c) Prior to release on parole, the Department shall submit documenta-
tion and a request for verification of alien's status to the Immigration and
Naturalization Service (INS). Determination of an alien's status shall be
made by INS. This determination shall be based on the receipt of docu-
ments of a type acceptable to the INS which serve as reasonable evidence
of the alien's status.
(d) When documentation under (c)( 1 ) has been received which indi-
cates that as defined by federal law the alien is a "qualified alien," a "non-
immigrant alien," or an "alien paroled into the United States for less than
one year" the alien shall be eligible for parole services until and unless
the Youth Authority receives written confirmation from the INS that the
alien does not have such status.
(e) Pursuant to federal law (8 U.S.C. Section 1642(d)) a nonprofit
charitable organization that provides services to parolees shall not be re-
quired to determine, verify, or otherwise require proof of eligibility with
respect to immigraUon status or alienage.
(f) An alien whose parole services are terminated under this section
may use the grievance procedure set forth in Article 5 of this Division.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 411, Personal Responsibility and Work Opportunity Reconciliation Act
of 1996; and 8 U.S.C. Section 1621.
History
1 . New section filed 3-26-98; operative 3-26-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 13).
§ 4831 . Financial Assistance to Parolees.
NOTE: Authority cited: Sections 171 1.2 and 1751. Welfare and Institutions Code.
Reference: Sections 1711.3, 1752 and 1767.5. Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4832. Purchase of Community Counseling.
NOTE: Authority cited: Sections 171 1 .3 and 1751 , Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
History
1 . Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4833. Purchase of Counseling Program.
NOTE; Authority cited: Sections 1711 .3 and 1751, Welfare and Institutions Code.
Reference: Secfions 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4834. Medical Care of Parolees.
(a) Notwithstanding any other provisions in this division, parolees are
responsible for their own general medical care. Parents or guardians of
parolees under 1 8 years of age are responsible for providing medical care
for the parolee.
(b) A parole agent may arrange for essential medical care if the parolee
refuses or is unable to consent to such medical care, or, if the parolee is
under 18 years of age and the parent/guardian is unavailable or refuses
to give consent.
(1) A parole agent shall seek court authorization to provide essential
medical care for parolees under 1 8 years of age.
(2) A parole agent may authorize the commencement of essential med-
ical care, pending court authorization, if the physician(s) involved is of
[The next page is 265.]
Page 264.4
Register 2005, No. 4; 1-28-2005
Title 15
Department of the Youth Authority
§4848
the professional opinion that there would be unwarranted risk to the pa-
rolee if medical treatment is not begun at once.
NOTI:: Authority cited: Sections 1712, Welfare and Institutions Code. Reference:
Sections 17.^^2 and 175.')..'^, Welfare and Institutions Code.
History
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. .^9).
2. Amendment of subsection (b) filed 6-6-83; effective thirtieth day thereafter
(Register83. No. 24).
§ 4835. Substance Abuse Treatment.
Parolees rnay be required to attend established alcohol and drug treat-
ment programs in the community, including methadone maintenance
programs.
NOTH: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. Editorial coiTection filed 9-21-82 (Register 82, No. 39).
§ 4836. Educational Services.
NOTK: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4837. Employment Services.
NOTE: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4838. Visits by Chaplains to Wards on Parole.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 1705, 1711.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4839. Out-of-Home Placements.
(a) A parolee who requires an out-of-home placement shall be lodged
in a living facility that does not endanger his physical or emotional well
being.
(b) The facility shall conform to state laws and regulations, including
those governing fire safety.
(c) The foster parents and/or responsible adults in the out-of-home
placement may be required to assist in implementing specific parole
plans for a parolee.
(d) The home shall be adequately supervised at all times.
(e) Discipline shall be fair and reasonable. Corporal punishment shall
not be permitted under any circumstances.
(f) A parolee may be required to participate in training on the routine
functions of daily living, household chores and other tasks.
(g) Foster parents and/or responsible adults shall permit a parolee to
practice his own religious beliefs.
(h) Meals shall be served regularly and the diet shall be nutritionally
well-balanced, adequate and suitable to the needs of each parolee.
NOTE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1752, Welfare and Institutions Code.
History
1. Editorial con-ection of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4840. Medical Care in Out-of-Home Placements.
Note: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4841. Space and Furnishing Requirements.
Note: Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4842. Trust Funds.
NOTE: Authority cited: Sections 1711.3 and 1 751 , Welfare and Institutions Code.
Reference: Sections 1711.3, 1752, 1752.8 and 1752.81, Welfare and Institutions
Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 44).
§ 4843. Sealing of a Ward's Records.
NOTE: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 781, 171 1.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
§ 4844. Assistance to Discharged Persons.
NOTE: Authority cited: Sections 171 1.3 and 1751 , Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 6-6-83; effective thirtieth day thereafter (Register 83, No. 24).
Article 5.
Parole Violation, Detention and
Revocation
§ 4845. Introduction.
NOTE: Authority cited: Sections 1 7 1 1 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institutions Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(,i) (Register 82, No. 44).
§ 4846. Purposes of Search.
A parole agent, or any peace officer designated by a Youth Authority
parole agent for a specific purpose, may search the person, property or
residence of a ward as a necessary adjunct to parole supervision and sur-
veillance. The purposes of such searches are to:
(a) Discover evidence of a law or parole violation.
(b) Assure that evidence indicating a law or parole violation is not de-
stroyed.
(c) Assure that no dangerous weapon is possessed by a ward arrested
by the agent.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766, Welfare and Institutions Code; and Section 830.5, Penal
Code.
History
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4847. Guidelines for Search.
(a) Searches shall be conducted pursuant to a parole agent having rea-
sonable cause to believe that evidence indicating a law or parole violation
will be disclosed.
(b) A request from another agency or person to search a ward or his
premises shall include supportive evidence or information to constitute
reasonable cause for a parole agent's search.
(c) Lawful searches that would otherwise violate any policies as pre-
scribed in Sections 4846-4848 may be conducted under unusual circum-
stances upon approval of the supervising parole agent.
Note: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752 and 1766, Welfare and Insdtutions Code; and Section 830.5, Penal
Code.
History
1. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4848. Search of Premises.
(a) A search of a ward's premises shall be conducted without use of
force and in the ward's presence.
(b) Notwithstanding the provisions of subsection (a), a parole agent
may search a ward's premises without his presence when the agent has
reasonable cause to believe that the ward has a firearm or other deadly
weapons at his premises and the agent believes that:
(1) It will be dangerous to conduct a search in the ward's presence, or
Page 265
Register 90, Nos. 32-37; 9-14-90
§ 4848.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) Failure to search or delay of search will endanger public safety.
NOTH; Authority cited: Section 17] 2, Welfare and Institutions Code. Reference:
Sections 1752 and 1766, Welfare and Institutions Code; and Section 830.5, Penal
Code.
History
1. Editorial con-ection of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4848.5. Warrants of Arrest/Detention.
A warrant of arrest shall be used to secure the arrest and/or detention
for a parolee wanted or detained by the Department.
(a) A warrant shall not be valid beyond the age at which a ward's com-
mitment terminates by law.
(b) hi those cases where a ward has an expiration date fixed by offense,
that date may be extended by the length of time the ward is missing from
supervision.
NOTI-: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Section 1767.3, Welfare and Institutions Code; and Sections 830.5 and 836, Penal
Code.
History
1 . New section filed 6-4-79 as an emersency; effective upon filing (Register 79,
No. 24).
2. Certificate of Compliance filed 8-10-79 (Register 79, No. 32).
3. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
§ 4849. Arrest/Detention of a Parolee.
NOTE: Authority cited: Sections 1 71 1 .3 and 175 1. Welfare and Institutions Code.
Reference: Sections 1711.3, 1752, 1766, and 1767.3, Welfare and Institutions
Code; and Sections 830.5, 833, and 836, Penal Code.
History
1 . Amendment filed 6^^79 as an emergency; effective upon filing (Register 79,
No. 24).
2. Certificate of Compliance filed 8-10-79 (Register 79, No. 32).
3. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
11349.7(j) (Register 82, No. 44).
§ 4850. Detention of a Parolee.
Following arrest, a parolee may be subject to continued detention
without bail at the initiation of parole staff pending a Board hearing. Such
detention shall be in accordance with the criteria and time constraints set
forth in Section 4978. If the Board orders that the parolee not be further
detained, the Department's hold must be withdrawn within 24 hours, or
as specified by the Board.
NotE: Authority cited: Section 1712, Welfare and Institutions Code. Reference:
Sections 1752, 1766 and 1767.3, Welfare and Institutions Code.
History
1 . Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
31).
2. Editorial correction of NOTE filed 9-21-82 (Register 82, No. 39).
§4851. Missing Parolees.
NOTE: Authority cited: Sections 1 7 11 .3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1711.3, 1752, 1766 and 1767.3, Welfare and Institutions
Code.
History
1. Amendment filed 8-3-79; effective thirtieth day thereafter (Register 79, No.
31).
2. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 44).
§ 4852. Parole Violation.
A violation of any condition of parole shall be established by the Board
in accordance with the provisions of Section 4982.
(a) Prior to discussing a possible violation of any condition of parole
with a parolee, the "Notice to Parolee Awaiting Violation Action" shall
be served and explained to the parolee.
(b) Parole staff shall prepare reports for Board review when parole vio-
lation reporting criteria set forth in Section 4982 are met. Reports shall
be available for Board review within the time constraints fixed by the
Board and contain, when appropriate:
(1) The condition(s) of parole allegedly violated.
(2) A summary of the alleged facts.
(3) The evidence and sources of evidence relied on.
(4) The parolee's version of the alleged facts. Parole staff shall advise
a ward being interviewed that his statement may be used by the Board in
making decisions about his liberty.
(5) Recommendations concerning the parolee's immediate and future
liberty.
NOTE: Authority cited: Secfions 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 1711.3, 1752, 1766 and 1767.3, Welfare and Insfitutions
Code.
§ 4853. Parole Revocation.
NOTE: Authority cited: Sections 1711.3 and 1 75 1 , Welfare and Institutions Code.
Reference: Sections 1711.3, 1752. 1766 and 1767.3, Welfare and Insfitutions
Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 44).
Article 6. Parole Discharge
§ 4856. Discharge Reports.
NOTE; Authority cited: Sections 171 1.3 and 1751, Welfare and Institutions Code.
Reference: Sections 171 1.3 and 1752, Welfare and Insfitutions Code.
History
1. Repealer filed 10-29-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 44).
§ 4857. Administrative Discharge.
NOTE: Authority cited: Sections 171 1.3 and 1751, Welfare and Institufions Code.
Reference: Sections 1711.3 and 1752, Welfare and Institufions Code.
History
1. Repealer filed 2-1-80; effective thirtieth day thereafter (Register 80, No. 5).
Chapter 5. Youth Authority Board
NOTE: Authority cited: Secfion 1722, Welfare and Institutions Code. Reference:
Sections 1711, 1714, 1716, 1717, 1719, 1720, 1721, 1722 and 1 723, Welfare and
Institufions Code.
History
1. New Chapter 3 (Secfion 4145) filed 8-12-77; effective thirtieth day thereafter
(Register 77, No. 33).
2. Redesignafion of Chapter 3 (Secfion 4145) to Chapter 5 (Section 4917) filed
7-21-78 as procedural and organizafional; effecfive upon fifing (Register 78,
No. 29).
3. Repealer of Chapter 5 (Secfion 4917) and new Chapter 5 (Secfions 4900-4997,
not consecutive) filed 1-25-79; effecfive thirtieth day thereafter (Register 79,
No. 4).
4. Renumbering and amendment of Division 4, Chapter 5 (Subchapters I^, Sec-
fions 4900-4997, not consecutive) to Division 4.5, Chapters 1-4 (Secfions
4900-4997, not consecutive) filed 8-6-82; effective thirtieth day thereafter
(Register 82, No. 32).
Page 266
Register 90, Nos. 32-37; 9-14-90
JBL
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 4.5. Youthful Offender Parole Board
Vol. 20
XHOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 15
Youthful Offender Parole Board
Table of Contents
Division 4.5. Youthful Offender Parole Board
Table of Contents
Page
Page
Chapter 1 . General Provisions 267
Article 1. Rules of Construction and
Definitions 267
§ 4900. Rules of Construction and
Definitions.
Article 2. Powers and Duties 267
Article 3. Organization 267
Article 4. Adoption of Policies 267
Article 5. Composition of Panels and
Referee 267
Article 6. General Rules on Hearings 267
§ 4925. Level of Decision Making.
§ 4926. Case Decisions.
§ 4927. Ward Appearance and Voice
Recording of Hearings.
§ 4928. Board Panel Unable to Agree and
Dissents.
§ 4929. Conditions of Parole.
§ 4930. Board Orders.
Article 7. Appeals 268
§ 4935. General Policy.
§ 4936. Appeal Criteria.
§ 4937. Appeal Body and Structure.
§ 4938. Time Limits.
§ 4939. Authorized Appeal Body Actions.
§ 4940. Orders and Completion of Appeals.
Chapter 2. Board Rules Relating to Wards in
Institutions and Camps 269
Article 1 . General Provisions 269
§ 494L Initial Hearings.
§ 4942. Transfers.
§ 4943. Annual Reviews.
§ 4944. Rules for Hearings in Institutions
and Camps.
Article 2. Parole Consideration Date 270
§ 4945. General Policies.
§ 4945.5. Confinement Time Interval.
Articles. Offense Categories and
Classification 271
§ 4950. Determination by Court or Board.
§ 4950.5. Definitions and Findings.
§ 4951. Category 1 Offenses.
§ 4952. Category 2 Offenses.
§ 4953. Category 3 Offenses.
§ 4954. Category 4 Offenses.
§ 4955. Category 5 Offenses.
§ 4956.
§ 4957.
§ 4958.
Article 4.
§4961.
§ 4962.
§ 4963.
§ 4964.
Article 5.
§ 4966.
§ 4967.
§ 4968.
§ 4969.
Chapter 3.
Article 1.
§4971.
§ 4972.
§ 4973.
§ 4974.
§ 4975.
Article 2.
§ 4976.
§ 4977.
§ 4978.
§ 4979.
§ 4980.
§4981.
§ 4982.
§ 4983.
Article 3.
§ 4985.
Chapter 4.
Article 1.
§ 4986.
§ 4987.
§ 4988.
§ 4989.
§ 4990.
§4991.
§ 4992.
Article 2.
§ 4995.
§ 4996.
§ 4997.
Category 6 Offenses.
Category 7 Offenses.
Classification of Cases.
Special Hearings and Actions
in Institutions 275
Prohibited Institution Behavior and
Sanctions.
Returns to Court.
Furloughs.
Release in Custody to Other
Jurisdictions.
Referral, Rescission, and
Release on Parole 276
Referral to Parole.
Out of State Referrals.
Rescission of Referral to Parole.
Release on Parole.
Board Rules Relating to Parole 277
General Provisions 277
Authority.
Annual Good Cause Reviews.
Communication with Parolees.
Special Detoxification Programs.
Parolees Living Out-of-State.
Parole Violation 277
IntroducUon.
Protections Afforded a Ward in
Parole Violation Matters.
Detention.
Legal Counsel.
Hearings.
Probable Cause/Detention Hearing.
Violation of Parole.
Disposition of a Parole Violation.
Temporary Detention 280
Temporary Detention.
Discharge of Wards 280.1
General Provisions 280.1
Authority.
Discharge Required.
Panels Authorized to Discharge.
Modification of Discharge.
Discharge of Out-of-State Cases.
Release from Penalties.
Rejection of Cases.
Classification of Discharge 280.1
Honorable Discharge.
General Discharge.
Dishonorable Discharge.
Page i
Title 15
Youthful Offender Parole Board
§4925
Division 4.5.
Youthful Offender Parole
Board
•
Chapter 1. General Provisions
Article 1. Rules of Construction and
Definitions
§ 4900. Rules of Construction and Definitions.
(a) (Reserved)
(b) Definitions. For the purpose of the regulations contained in this
chapter the following words shall have the following meanings:
(1) (Reserved)
(2) Annual Review. Reexamination of individual ward cases by the
Board which is held at intervals not exceeding one year for the purpose
of determining whether existing orders and dispositions should be modi-
fied or continued in force.
(3) Board Hearing Coordinator. A Board employee who arranges and
coordinates rescission, probable cause/detention, violation and disposi-
tion hearings.
(4) Board Panel. A Board panel is comprised of two qualified hearing
officers. A quorum for a Board panel shall be two qualified hearing offi-
cers.
(5) Detention Hearing. A Board hearing to determine whether or not
to detain a parolee who is undergoing violation action.
(6) Director's Representative. Any qualified employee of the Depart-
ment designated by the Director.
(7) Disposition Hearing. A Board hearing to determine whether or not
to revoke the parole of a ward.
(8) Full Board En Banc: A Board hearing conducted by a quorum of
the seven-member Board. Four members are necessary to form a quorum
when making case decisions and no action shall be valid unless agreed
to by a majority of those present.
(9) Full Board Panel: A full Board panel is comprised of those persons
specified in Welfare and Insfitufions Code Section 1721(c). A member
shall be included in the panel when available.
(10) Hearing Officer. A Member or case hearing representative, who
conducts ward case hearings.
(11) Rescission Hearing. A Board hearing which may result in re-
scinding a ward' s referral to parole.
(12) Referee. Any qualified hearing officer sitfing alone for the pur-
pose of hearing cases.
(13) Violation Hearing. A Board hearing to determine whether or not
a parolee has violated the conditions of his/her parole.
(c) In case of any community crisis or emergency, either statewide or
regional, the mandatory timelines and schedules (including releases) as
required within CCR, Title 1 5 are hereby extended by thirty days or fif-
teen days respectively. Any statewide crisis may extend required or man-
dated timelines by thirty days. Any regional crisis that does not reach the
level of a statewide crisis may extend required or mandated timelines by
fifteen days.
NOTE: Authority cited: Section 1721, Welfare and Institutions Code. Reference:
Sections 1711, 1714, 1716, 1717, 1719, 1720, 1721, 1722 and 1723, Welfare and
Institutions Code.
History
1. Renumbering and amendment of division 4, chapter 5 (subchapters 1-4, sec-
tions 4900-4997, not consecutive) to division 4.5, chapters 1-4 (sections
4900-4997, not consecutive) filed 8-6-82; effective thirtieth day thereafter
(Register 82, No. 32). For history of former chapter 5, see Registers 80, No. 9;
79. No. 46; 79, No. 35; 79, No. 19; 79, No. 4; 78, No. 29 and 77, No. 33.
2. Order of Repeal of subsections (a) and (b)( 1 ) filed 6-3-85 by OAL pursuant to
Government Code section 1 1349.7; effective thirtieth day thereafter (Register
85, No. 26).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-91 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of section refiled 10-9-91 as an emergency; operative 10 9 91
(Register 91, No. 52). A Certificate ofCompUance must be transmitted to OAL
2-5-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24 92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(4), (b)(8), (b)(9) and (b)( 13) filed 10-15-98: op-
erative 1 1-14-98 (Register 98, No. 42).
7. New subsection (c) filed 1 2-1 6-99 as an emergency; operative 1 2- 1 (> 99 ( Reg-
ister 99, No. 51). A Certificate of Compliance must be transmitted to OAL by
4-14-2000 or emergency language will be repealed by operation of lav\ on the
following day.
8. Reinstatement of section as it existed prior to 1 2- 1 6-99 emergency amendment
by operation of Government Code section 1 1346.1(f) (Register 2000, No. 42).
9. Amendment of subsection (b)(9) and new subsection (c) filed 10-19-2000 as
an emergency; operative 10-19-2000 (Register 2000, No. 42). A Certificate of
Compliance must be transmitted to OAL by 2-1 6-2000 or emergency language
will be repealed by operation of law on the following day.
10. Reinstatement of section as it existed priorto 10-1 9-20()0 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2001, No.
19).
11. Amendment of subsection (b)(9) and new subsection (c) filed 5-9-2001 as an
emergency; operative 5-9-2001 (Register 2001 , No. 1 9). A Certificate of Com-
pliance must be transmitted to OAL by 9-6-2001 or emergency language will
be repealed by operation of law on the following day.
12. Certificate of Compliance as to subsecfion (c) only of 5-9-2001 order trans-
mitted to OAL 7-10-2001 and filed 8-15-2001 (Register 2001, No. 33).
13. Certificate of Compliance as to subsection (b)(9) only of 5-9-2001 order trans-
mitted to OAL 7-10-2001 and filed 8-16-2001 (Register 2001, No. 33).
Article 2. Powers and Duties
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1713, 1714, 1717 and 1719, Welfare and Institutions Code.
History
1. Order of Repeal of Article 2 (Sections 4905 and 4907) filed 6-3-85 by OAL
pursuant to Government Code Section 1 1349.7; effective thirtieth day thereaf-
ter (Register 85, No. 26).
Article 3. Organization
NOTE: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code.
Reference: Secfions 1712, 1716 and 1717, Welfare and Institutions Code.
History
1. Order of Repeal of Article 3 (Sections 4910 and 491 1) filed 6-3-85 by OAL
pursuant to Government Code Section 1 1349.7; effective thirtieth day thereaf-
ter (Register 85, No. 26).
Article 4. Adoption of Policies
NOTE: Authority cited: Section 1722, Welfare and Insfitutions Code. Reference:
Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
History
1. Order of Repeal of Article 4 (Sections 4915-4918) filed 6-3-85 by OAL pur-
suant to Government Code Section 1 1349.7; effective thirtieth day thereafter
(Register 85, No. 26).
Article 5. Composition of Panels and
Referee
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
History
1. Order of Repeal of Article 5 (Sections 4920 and 4921) filed 6-3-85 by OAL
pursuant to Government Code Section 1 1349.7; effective thirtieth day thereaf-
ter (Register 85, No. 26).
Article 6. General Rules on Hearings
§ 4925. Level of Decision IVIaking.
The classification or category of wards' cases or the type of hearing
determines the level of decision making exercised by the Board. This
chapter sets forth certain case decisions which shall be made by the full
board en banc, a full board panel, or by a board panel. A referee is autho-
rized to make ward case decisions in all hearings for Categories 6 and 7
(Secfions 4956-4957), inifial hearings for Categories 4 and 5 (Sections
4954 and 4955), and annual and progress reviews for wards housed at or
committed to any non-Youth Authority facility, and all Disciplinary De-
Page 267
Register 2001, No. 33; 8-17-2001
§4926
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
cision Making System (DDMS) matters for all categories (Sections 495 1
through 4957). Hearings may be conducted by the authorized or a higher
level of decision making.
Note.- Authority cited: Section 1722. Welfare and Institutions Code. Reference:
Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
History
1. Amendment of section filed 7-1-91 as an emergency; operative 7-1-91 (Regis-
ter 91, No. 40). A Certificate of Compliance must be transmitted to OAL by
10-29-91 or emergency language will be repealed by operation of law on the
following day.
2. Amendment of section refiled 10-9-91 as an emergency; operative 10-9-91
(Register 91, No. 52). A Certificate of Compliance must be transmitted to OAL
2-5-92 or emergency language will be repealed by operation of law on the fol-
lowing day.
3. Certificate ofCompliance as to 10-9-91 order transmined to OAL l-24-92and
filed 2-26-92 (Register 92, No. 12).
4. Amendment filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
§ 4926. Case Decisions.
(a) In order for a case decision made by the full board en banc, a full
board panel, or a board panel to be effective, a majority of the quorum
shall concur in the decision.
(b) All case decisions shall be recorded on a written Board order. The
ward shall be given a copy of the Board order.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1714, 1719. 1721 and 1723, Welfare and Institutions Code.
§ 4927. Ward Appearance and Voice Recording of
Hearings.
(a) Hearings shall be voice recorded on tape when the ward is present.
Annual reviews for wards on parole, annual and/or progress reviews for
Youth Authority wards housed at or committed to any non-Youth Au-
thority facility need not be appearance hearings. The ward who is the sub-
ject of the hearing, and with the ward's consent, anyone who is eligible
to appeal a Board order, shall be permitted to listen to the recording. Re-
cordings shall be retained for a period of 15 months from the date of the
hearing.
(b) A ward shall attend all Youth Authority institutional hearings, ex-
cept for those wards:
( 1 ) Unable to attend due to medical reasons as determined by Youth
Authority medical staff.
(2) Housed at or committed to any non-Youth Authority facility.
NOTE: Authority cited: Sections 1721 and 1722, Welfare and Institudons Code.
Reference: Sections 1721 and 1723, Welfare and Institutions Code.
History
1 . Amendment of subsection (a) filed 12-28-93; operative 1-27-94 (Register 93,
No. 53).
2. Repealer of subsection (b), new subsections (b)-(b)(2) and amendment of Note
filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
§ 4928. Board Panel Unable to Agree and Dissents.
(a) When a Board panel is unable to agree on a case decision, the matter
shall be referred to the Chairperson. Each hearing officer shall prepare
a proposed Board Order setting forth his/her motion and the reasons for
his/her order. The Chairperson shall consider the case and concur with
one of the proposed orders.
(b) In cases in which a hearing officer dissents from a full Board panel
or Full Board En Banc decision, he/she shall so indicate on the Board Or-
der and shall state his/her reason(s) on the order.
NOTE: Authority cited: Secdon 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
History
1. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 4929. Conditions of Parole.
The Board shall set conditions of parole at the time parole is granted.
Conditions of parole may be added or deleted during the time ward is on
parole.
(a) General Conditions of Parole. The following are general conditions
of parole:
(1) You shall follow the instructions of your parole agent.
(2) You shall obey all laws and ordinances.
(3) You shall not change your approved placement or leave the State
of California without the permission of your parole agent.
(4) You shall not evade parole supervision.
(5) You shall not be a substantial danger to yourself or do anything
which is a substantial danger to yourself or to the person or property of
another.
(6) You and your residence and any property under your control may
be searched without a warrant by a parole agent of the Department of the
Youth Authority, parole agent of the Youthful Offender Parole Board, or
any peace officer.
(7) You may not use, possess, sell or have under your control any fire-
arm if you have a felony conviction.
(8) You shall abstain from the use of alcoholic liquor or beverages if
you have been convicted of any of the offenses listed in Section 290 of
the Penal Code.
(b) Special Conditions of Parole. The Board may prescribe special
conditions of parole based on the individual ward's offense history, com-
mitment offense or documented behavior.
NOTE: Authority cited: Section 1722, Welfare and Insfitutions Code. Reference:
Sections 1714, 1719, 1730, 1766 and 1767.2, Welfare and Institudons Code.
History
1 . Amendment of subsection (a)(6) filed 4-22-85; effective thirtieth day thereafter
(Register 85, No. 17).
2. Amendment of subsection (a) (6) filed 4-7-88; operadve 5-7-88 (Register 88,
No. 17).
§ 4930. Board Orders.
NOTE: Authority cited: Secdon 1722, Welfare and Insdtutions Code. Reference:
Secdons 1714, 1719, 1730, 1766 and 1767.3, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Article 7. Appeals
§ 4935. General Policy.
An appeal is a written request to the Chairman for relief from any
Board order or policy which affects an individual ward. Appeals may be
filed by the ward himself, his parent or duly appointed guardian if he is
under 18 years of age, or by an attorney representing the ward. A ward
shall be provided forms to submit appeals, while other eligible appellants
may appeal by letter. The time limitations set forth in this chapter may,
for good cause, be waived by the Chairman.
NOTE: Authority cited: Secdon 1722, Welfare and Insdtudons Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
§ 4936. Appeal Criteria.
The basis for appeal shall be one or more of the following:
(a) The decision of the Board was contrary to law or Board pohcy.
(b) There is relevant information which was not available at the time
of the hearing.
(c) The Board policy, which was the basis for the Board's acdons re-
garding a ward, should be changed.
(d) There are unusual circumstances involved in the case which re-
quire Board action in order to further the interest of justice.
NOTE: Authority cited: Secdon 1722, Welfare and Insdtudons Code. Reference:
Sections 1721 and 1723, Welfare and Institudons Code.
§ 4937. Appeal Body and Structure.
The following comprise the appeal bodies:
(a) The first level of appeal is the Chairman.
(b) The second level of appeal is the appeal panel which has the same
composition as a full board panel. Whenever possible, the appeal panel
shall not include those persons whose decision is being appealed.
(c) The final level of appeal is the full board en banc.
NOTE; Authority cited: Secdon 1722, Welfare and Institutions Code. Reference:
Secdons 1721 and 1723, Welfare and Institudons Code.
§ 4938. Time Limits.
(a) Appellants. There is a 30-day time limit from the date of hearing
for filing initial appeals by appellants. Appeals from the decision of the
Chairman or appeal panel shall be filed within ten days of receipt of the
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decision, and may be filed only when there is substantial new evidence
not previously available to the board. The time limitations set forth in this
section may, for good cause, be waived by the Chairman. No appeal shall
be dismissed or denied merely because of technical defects.
(b) Appeal Body. The Chairman shall decide on the appeal within ten
days of receipt of the appeal. An appeal panel or the full board en banc
shall decide on the appeal within 30 days after receipt of the appeal.
(c) Rehearings. Rehearings shall be scheduled within 30 days of the
order of any appeal body. Rehearings may be granted at any level of ap-
peal when a determination is made that there is insufficient information
upon which to make an informed decision. Factual material deemed criti-
cal to the case decision shall be made known to those conducting the re-
hearing. Whenever possible, the rehearing shall be conducted by persons
other than those persons whose decision was appealed.
NOTH; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
History
I. Amendment of subsection (a) filed 10-15-96; operative 11-14-96 (Register
96, No. 42).
§ 4939. Authorized Appeal Body Actions.
Appeal bodies may take action as follows:
(a) Chairman. The Chairman may take any one of the following ac-
tions:
(1) Deny the appeal.
(2) Order a rehearing.
(3) Order the matter referred to the appeal panel.
(4) Order the matter referred to the full board en banc, when:
(A) He determines a unanimous full board panel decision merits fur-
ther action.
(B) He determines an appeal justifies reconsideration of a Board
policy.
(b) Modifications by Chairman. The Chairman shall not modify prior
Board action.
(c) Appeal Panel. The appeal panel may grant the appeal, deny the ap-
peal, modify prior Board action, order a rehearing, or refer the case to the
full board en banc.
(d) Full Board En Banc. The full board en banc may grant the appeal,
deny the appeal, modify prior Board action, order a rehearing, and/or
may consider a change in policy as a result of the appeal.
Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
§ 4940. Orders and Completion of Appeals.
(a) Every decision of the appeal body shall be recorded on a Board or-
der. The Board order shall state the reasons for the action taken and how
the authorized criteria were applied to the issues raised in the appeal. The
Chairman shall forward a copy of the Board order and such communica-
tion as he deems appropriate to the appellant.
(b) A decision on an appeal shall be final when:
(1) The appellant accepts the decision of the appeal body.
(2) A rehearing has been completed and a decision rendered.
(3) The full board en banc denies the appeal.
(4) A policy change has been considered and approved or denied.
Note: Authority cited: Section 1722. Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
Chapter 2. Board Rules Relating to Wards
in Institutions and Camps
Article 1. General Provisions
§4941. Initial Hearings.
(a) Parole Consideration Date. The Board will hear the case of each
ward committed to the Youth Authority, taking into consideration proba-
tion' s case study, at a non-appearance file review to confirm or modify
the ward's category, initial parole consideration date and date of next
annual review ascertained by the Youth Authority's Intake and Court
Services Unit upon reviewing the ward's file from the courts. The ward's
category, initial parole consideration date and annual review date will be
set in a Board Order at the ward's first appearance hearing.
(b) (Reserved)
(c) A copy of the police arrest report for the offense for which the ward
was committed to the Youth Authority and a copy of the ward's criminal
history information from the California Department of Justice shall be in-
cluded as part of the ward's case file.
NOTE: Authority cited: Section 1721, Welfare and Institutions Code. Reference:
Sections 1714(b). 1719, 1720(a) and (b), 1730, 1731.5, 1741 and 1766(b). Welfare
and Institutions Code.
History
1 . New subsection (c) filed 12-5-83; effective thirtieth day thereafter (Register 83,
No. 50).
2. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code section 1 1349.7; effective thirtieth day thereafter (Register 85. No. 26).
3. Amendment of subsection (a) filed 7-1-91 as an emergency; operative 7-1-91
(Register 91 , No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-91 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of subsection (a) refiled 10-9-91 as an emergency; operative
10-9-91 (Register91.No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
5. Certificate ofCompliance as to 10-9-91 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (a) and (a)(1) filed 10-15-98; operative 1 1-14-98
(Register 98, No. 42).
7. Amendment of section and Note filed 5-19-2003 as an emergency; operative
5-19-2003 (Register 2003, No. 21 ). A Certificate ofCompliance must be trans-
mitted to OAL by 9-16-2003 or emergency language will be repealed by opera-
tion of law on the following day.
8. Certificate of Compliance as to 5-19-2003 order transmitted to OAL
9-1 1-2003 and filed 10-14-2003 (Register 2003, No. 42).
§ 4942. Transfers.
Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference;
Sections 1714, 1731.5, 1755, 1755.5, 1756, 1758 and 1759, Welfare and Institu-
tions Code; Section 2037, Penal Code.
History
1 . 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).
§ 4943. Annual Reviews.
NOTE: Authority cited: Secfion 1722, Welfare and Institutions Code. Reference:
Section 1720, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4944. Rules for Hearings in Institutions and Camps.
(a) Attendance at Hearings. Attendance at hearings in institutions and
camps is limited to:
( 1 ) Appropriate administrative and treatment team staff and a clerk
when available.
(2) A ward's parents, guardians, spouse or a relative designated by a
parent or guardian, shall be permitted to attend a Board hearing as observ-
ers; however, any of these persons may be excluded by the Board for
good cause, and shall be excluded if the ward makes a reasonable objec-
tion to their presence. Reasons for exclusion shall be set forth in writing
by a memorandum to the case file by the Board panel chairperson.
(3) Members of the public having a professional interest in the work
of the Board or the Youth Authority or in a specific ward or hearing may
be permitted to attend those hearing in which they have a particular inter-
est as observers. Observers may not represent wards. Representation is
governed by § 4979 of these regulafions. If the ward objects to their pres-
ence, such observers shall be excluded from the hearing room unless
otherwise authorized by statute.
(b) Hearing Presentations. Witnesses, including victims, having an in-
terest in a particular ward or case may request an opportunity to make a
presentation to the Board panel. Such persons may, upon their request,
provide their testimony out of the presence of the ward prior to the corn-
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mencement of the hearing. The Board panel shall make an audio or video
record of the presentation, and shall play the recorded presentation on the
record during the ward's hearing, unless the presentation qualifies under
(2) of this subsection. If the presentation qualifies under (2) of this sub-
section, the Member or Board representative shall advise the ward of the
substance of the presentation while maintaining the confidentiality of the
source or witness.
(1) Arranging Hearing Presentations. Requests for hearing presenta-
tions shall be referred to the executive officer. The executive officer and
the office of the superintendent shall cooperate in the scheduling of an
interview. The executive officer will be notified of the appointment;
however, final approval for a hearing presentation rests with the chairper-
son at the designated location.
(2) Confidential Status of Hearing Presentations to the Board. The
confidenUal status of these presentations is condifional. Confidential sta-
tus is granted only if the informafion is sensitive and not directly related
to the ward's behavior.
(A) Examples of sensifive information are:
1 . Parents who are not natural parents.
2. A ward born out of wedlock or from an uncertain relationship.
3. A ward born in a mental hospital or prison while the mother was un-
dergoing treatment or was incarcerated.
(B) The Board will share sensifive information relafing to a ward's be-
havior with his/her casework supervisor.
(c) Case Reports for the Board.
(1) Staff may request a modificafion of an exisfing order regarding a
ward when the ward's behavior or circumstances indicate a need to do
so. In reports to the Board, staff may recommend referral to parole or any
other acfion deemed appropriate for the ward. At such hearings the Board
shall take cognizance of such changes that may have occurred with re-
gard to the individual and correctional needs of the ward. The Board in
modifying any established parole consideration date shall act in accor-
dance with Sections 4951-4957.
(2) All case reports to the Board shall address the specific issues of pa-
role readiness as set forth in Section 4945(h), (i) and (j) in addition to oth-
er matters presented.
(3) During an initial hearing, the Board may refer a ward to an institu-
fion or camp or to parole. When a recommendation for referral to parole
at an initial hearing is to be considered, staff shall prepare a written prog-
ress report which shall be considered by the Board along with the parole
placement report.
(d) Community Reacdon Reports. A request by the Board for a com-
munity reacfion report shall be made only by Board Order.
NOTE: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code.
Reference: Sections 1721 and 1723, Welfare and Institutions Code.
History
1. Amendment of subsection (b) filed 1 1-8-82; effective thirtieth day thereafter
(Register 82, No. 46).
2. Amendment of subsections (b)-(b)(2) and (c)(l)-(3) filed 12-28-93; operafive
1-27-94 (Register 93, No. 53).
3. Amendment of subsections (a)(2), (b)(1), (b)(2)(B) and (d) filed 10-15-98; op-
erative 1 1-14-98 (Register 98, No. 42).
4. Amendment of subsections (a)(3)-(b)(2) and amendment of Note filed
8-15-2001; operative 9-14-2001 (Register 2001, No. 33).
Article 2. Parole Consideration Date
§ 4945. General Policies.
In Article 3 of this subchapter, the Board establishes categories of of-
fenses which reflect its view of the seriousness of specific offenses and
the degree of danger those committed to the Youth Authority pose to the
public. The Board prescribes an interval of time for each category as a
guide in establishing a parole consideration date.
(a) A parole consideration date represents, from its date of establish-
ment, an interval of time in which a ward may reasonably and realisdcally
be expected to achieve readiness for parole. It is not a fixed term or sen-
tence, nor is it a fixed parole release date.
(b) A parole consideration date and Board hearing category shall be
established for each ward at an initial hearing. A parole consideration
date shall be established at a disposition hearing in which parole is re-
voked.
(c) An initial parole consideration date shall be established from the
date of acceptance by the Youth Authority of a ward committed by a
court of competent jurisdiction or from the dale of the disposition hearing
in which parole is revoked. When a ward escapes prior to delivery to the
Youth Authority, the parole considerafion date shall start from the date
received in a Youth Authority institution.
(d) Day-for-day credit for rime spent in local custody for the commit-
ment offense shall not be credited toward the establishment of the parole
consideration date; however, a judgment shall be made as to the effect,
if any, that the ward's experiences and behavior while in local custody
have on the ward's training and treatment needs. Such judgment shall be
taken into considerafion in establishing the parole considerafion date.
(e) Pursuant to applicable law, credit for fime served in local custody
shall be applied to the maximum confinement time authorized for each
individual ward.
(f)(1) A decision on the parole considerafion date shall be made on
each case by Board hearing category (category) of offense at the initial
hearing by the appropriate panel as set forth in Arficle 3, (Secfion 4951
et seq.) or by a referee at a disposifion hearing. Those cases committed
from the juvenile court on the total record which includes one or more
offenses which have been the subject of a prior peUtion and disposition
shall have the category of decision making procedures set by the most se-
rious offense in the total record, and the most recent offense shall estab-
lish the parole consideration date interval category. All other cases in-
volving a commitment for muUiple offenses shall have the parole
considerafion date and category set by the most serious offense in the to-
tal record.
(f)(2) Wards already committed to the Youth Authority who receive
a subsequent (addifional) commitment to the Youth Authority shall be
scheduled for a new inifial Board hearing at which fime the Board shall
set the category by the most serious offense in the overall record.
If the addifional commitment is for an offense more serious than that
for which the ward was originally committed, the PCD shall be set from
the date of action for the addifional commitment. If the addifional com-
mitment is for an offense less serious than or equal to the original com-
mitment, the PCD shall be adjusted to meet addifional program needs
based on the additional offense. Adjustment of the PCD is limited by de-
viation authority. Further deviation must be referred to the appropriate
panel.
The parole consideration date established for the addifional commit-
ment shall not exceed the baseline, plus authorized deviafion, of the high-
er category. Any further deviafion must be referred to the appropriate
panel.
Notwithstanding any other provisions of Arficle 3 of this subchapter,
no parole considerafion date shall be established which exceeds a ward's
available confinement fime.
(g) A parole considerafion date may be adjusted by the Board in re-
sponse to the individual training and treatment needs of a ward.
(h) The parole considerafion date guidelines as set forth in Article 3 for
confinement fime intervals which apply to each ward are those that were
in effect on the date of that person's most recent commitment offense or
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§4951
parole violation whichever occurred later. The procedure for deviation
and modification of parole consideration dates set forth in this article
shall apply to all wards regardless of the date of their commitment or pa-
role violation. In deviating from or modifying a parole consideration date
the Board shall state its reasons in the Board Order.
(i) Guidelines for deviating from the prescribed parole consideration
date include, but are not limited to, the following factors relating to a
ward:
( 1 ) Extent of involvement in commitment offense(s). (Minimal or ex-
tensive.)
(2) Prior history of delinquency or criminal behavior including sus-
tained petitions and/or convictions. (Minimal or extensive.)
(3) Involvement with dangerous or deadly weapons, their possession
or use.
(4) Violence, actual or potential. Injury to victims. (Minimal or exten-
sive.)
(5) Behavior or adjustment while in custody prior to acceptance of
commitment.
(6) Attitude toward commitment offense(s) and victims of offense(s).
(7) Alcohol/drug abuse.
(8) Facts in mitigation or aggravation as established by court findings.
(9) Psychiatric/psychological needs.
(10) Staff evaluation.
(11) Available confinement time.
(12) Maturity and level of sophistication.
(13) Motivation of the ward and prognosis for success or failure.
(14) Multiplicity of counts of the same, related, or different offense.
(15) Factors evaluated in the Community Assessment Report (positive
and negative).
(16) Availabihty of community-based programs and the ability to
function in same under parole supervision without danger to the public.
(17) Mental or emotional injury to victim.
(18) Vulnerable victim: aged or handicapped.
(19) Presence of victim during commission of burglary, first degree.
(20) Extent the committing offense was youth gang related (minimal
or extensive).
(j) Guidelines for modification of an established parole consideration
date and to assist in determining readiness for parole include, but are not
limited to, the following factors:
( 1 ) Protection of the public.
(2) Prior probation/parole failure.
(3) Attitude and sense of responsibility toward commitment offense.
(4) Attainment of institutional goals.
(5) Institutional behavior.
(6) Participation in program.
(7) Educational potential.
(8) Employment potential.
(9) Emotional adjustment.
(10) Staff evaluation, treatment team report, psychiatric report.
(11) Special psychiatric/psychological needs.
(12) Alcohol/drug dependency.
(13) Family support.
(14) Future plans.
(15) Placement potential.
(16) Community reaction.
(17) Availability of community-based program(s) to further treatment
and training needs.
(18) Motivation and prognosis for success.
(19) Probability of recidivism.
(20) Continuing (or abstaining) participation in youth gang activities
while incarcerated.
Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference;
Sections 1712, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
History
1 . Order of Repeal of initial paragraph filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Amendment fded 9-4-86: effective thirtieth day thereafter (Register 86, No.
36).
3. Redesisnation and amendment of subsection (f)(1) and new subsection (l')(2)
fded 12-28-93; operative 1-27-94 (Register 93, No. 53).
4. Amendment of subsections (c). (d), (f)(l)-(2), (h) and (j)(17) filed 10-15 98:
operative 1 1-14-98 (Register 98, No. 42).
§ 4945.5. Confinement Time Interval.
The Full Board panel shall be unlimited in their authority to set the
confinement time interval for up to a maximum of two years in those
cases where continued confinement has been extended per W&I Code
Section 1800. In these cases, the committing court has granted an order
directing that the ward remain subject to the control of the Youth Author-
ity beyond the time originally scheduled and determined that the dis-
charge of a person from the control of the Youth Authority would be
physically dangerous to the public because of the person's mental or
physical deficiency, disorder or abnormality.
NOTE: Authority cited; Sections 1800 and 1802, Welfare and Institutions Code.
Reference; Sections 1721, 1723, 1769, 1770 and 1771, Welfare and Institutions
Code.
History
1. New secfion filed 7-25-2001 ; operative 8-24-2001 (Register 2001, No. 30).
Article 3. Offense Categories and
Classification
§ 4950. Determination by Court or Board.
The ward behavior described in parentheses in Sections 495 1-4956 of
this article citing Penal Code offenses (e.g., kidnapping "(with substan-
tial injury)" (207 Penal Code)) may be determined by the court or the
board. The board shall establish a parole consideration date category in
accordance with such determination.
NOTE: Authority cited; Section 1722, Welfare and Institutions Code. Reference;
Sections 1714, 1719, 1721 and 1723, Welfare and Institutions Code.
§ 4950.5. Definitions and Findings.
For purposes of this article, the following definitions shall apply:
(a) "Armed With Dangerous or Deadly Weapon." This means that the
ward or co-offender(s) was armed with or used a dangerous or deadly
weapon during the commission or attempted commission of a crime for
which he was committed to the Youth Authority.
(b) "Dangerous or Deadly Weapon." Any instrument or weapon com-
monly known as a blackjack, martial arts weapon, sling shot, billyclub,
sandclub, sandbag, metal knuckles, dirk, dagger, pistol, revolver, pellet
gun or any other firearm, any knife used in the commission of a crime,
any razor with an unguarded blade and any metal pipe, bar, or object used
or intended to be used as a weapon.
(c) "Substantial Injury." This means any injury that required or should
have required medical attention beyond minor medical treatment. This
includes mental and emotional injury as well as physical injury.
NOTE: Authority cited; Section 1722, Welfare and Institutions Code. Reference;
Sections 1176, 1719, 1721, 1723, and 1766 Welfare and Institutions Code.
History
1 . Amendment of subsecdons (a) and (c) filed 9-^4-86; effective thirtieth day
thereafter (Register 86, No. 36).
§ 4951 . Category 1 Offenses.
A parole consideration date interval of seven years shall be established
for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses.
(1) Murder-First Degree (187, 189, and 190 Penal Code).
(2) Murder-Second Degree (187, 189, and 190 Penal Code).
(3) Kidnapping with Death of Victim (207 and 209 Penal Code).
(4) Kidnapping (with substantial injury) (207 and 209 Penal Code).
(5) Torture (206 and 206.1 Penal Code).
(6) Conspiracy to commit any Category 1 offense (182 Penal Code).
(b) Panels, Deviation, and Modification.
( 1 ) All cases in Category 1 shall be heard by a Board panel at the initial
hearing and all subsequent hearings with the exception of the following:
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(A) Parole consideration hearings shall be conducted by a full Board
panel.
(B) Annual and progress reviews for wards housed at or committed to
any non-Youth Authority facility and all Disciplinary Decision Making
System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification
of six months earlier or later than the prescribed or previously established
parole consideration date, except that a referee may modify a parole con-
sideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or
modification in excess of the foregoing shall be submitted to a full Board
panel for decision.
(4) A full Board panel may modify a previously established parole
consideration date by a maximum of six months in any annual review
year, except that a full Board is not limited in its ability to modify a parole
consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the periods of time cited in (4) of this section shall be
submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721, 1723 and 1766, Welfare and Institutions Code.
History
1 . Amendment of subsection (b) filed 7-28-83; effective thirtieth day thereafter
(Register83, No. 31).
2. Amendment filed 8-16-83; designated effective upon filing pursuant to Gov-
ernment Code section 1 1346.2(d) (Register 83, No. 34).
3. Amendment filed 9^4-86; effective thirtieth day thereafter (Register 86, No.
36).
4. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 9 1 . No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-91 or emergency language will be repealed by operafion of law on
the following day.
5. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative
1 0-9-9 1 (Register 9 1 , No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
6. Certificate of Compliance as to 10-9-9 1 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92. No. 12).
7. New subsection (a)(5) and amendment of subsection (b)(1)(B) filed 12-28-93;
operative 1-27-94 (Register 93, No. 53).
8. Amendment of subsections (a)(1) and (a)(2) and new subsection (a)(6) filed
10-15-96; operative 11-14-96 (Register 96, No. 42).
9. Amendment filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4952. Category 2 Offenses.
A parole consideration date interval of four years shall be established
for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses.
(1) Voluntary Manslaughter (192 Penal Code).
(2) Rape (in concert or with substantial injury) (261 and all subsections
and 264.1 Penal Code).
(3) Sodomy (in concert or with substantial injury) (286 and all subsec-
tions Penal Code).
(4) Sexual Assault with a Foreign Object (in concert or with substan-
tial injury) (289 and 264.1 Penal Code).
(5) Oral Copulation (in concert or with substantial injury) (288a and
all subsections Penal Code).
(6) Lewd or Lascivious Act on Child Under 14 (Age of defendant in
relationship to victim to be considered as possible mitigation) (288 and
all subsections Penal Code).
(7) Kidnap for Ransom, Reward or Extortion (209(a) Penal Code).
(8) Kidnap during carjacking (209.5 Penal Code).
(9) Explosion/attempt to explode or ignite a destructive device with
the intent to commit murder (12308 Penal Code).
(10) Kidnap for Robbery (209[b] Penal Code).
(1 1) Conspiracy to commit any Category 2 offense (182 Penal Code).
(12) Attempt of any Offense in Category 1.
(13) Continuous sexual abuse of a child (288.5 Penal Code and all sub-
sections).
(b) Panels, Deviation, and Modification.
( 1 ) All cases in Category 2 shall be heard by a Board panel at the initial
hearing and all subsequent hearings with the exception of the following:
(A) Parole consideration hearings shall be conducted by a full panel.
(B) Annual and progress reviews for wards housed at or committed to
any non-Youth Authority facility and all Disciplinary Decision Making
System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification
of six months earlier or later than the prescribed or previously established
parole consideration date, except that a referee may modify a parole con-
sideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or
modification in excess of the foregoing shall be submitted to a full Board
panel for decision.
(4) A full Board panel may modify a previously established parole
consideration date by a maximum of six months in any annual review
year, except that a full Board is not limited in its ability to modify a parole
consideration date upward for DDMS behavior.
(5 ) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the periods of time cited in (4) of this section shall be
submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code.
Reference: Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions
Code.
History
1. Editorial correcdon of subsection (a)(2) filed 2-7-83 (Register 83, No. 7).
2. Amendment of Note filed 7-28-83; effective thirtieth day thereafter (Register
83, No. 31).
3. Amendment of subsecfion (a) filed 8-16-83; designated effective upon filing
pursuant to Government Code section 11 346.2(d) (Register 83, No. 34).
4. Amendment filed 9^1-86; effecfive thirtieth day thereafter (Register 86, No.
36).
5. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 91, No. 40). A Certificate of Compliance must be transmitted to OAL
by 1 0-29-9 1 or emergency language will be repealed by operation of law on
the following day.
6. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative
10-9-91 (Register 91, No. 52). A Certificate of CompUance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
7. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92, No. 12).
8. Amendment of subsecfion (b)(1)(B) and Note filed 12-28-93; operauve
1-27-94 (Register 93, No. 53).
9. New subsections (a)(8) through (a)(ll) and subsection renumbering filed
10-15-96; operative 1 1-14-96 (Register 96, No. 42).
10. Amendment of subsections (b)(l)-(b)(l)(A) and (b)(2)-(6) filed 10-15-98;
operative 11-14-98 (Register 98, No. 42).
11. New subsection (a)(13) and amendment of subsection (b)(1)(A) filed
12-16-99 as an emergency; operafive 12-16-99 (Register 99, No. 51). A Cer-
fificate of Compliance must be transmitted to OAL by 4-14-2000 or emergency
language will be repealed by operation of law on the following day.
12. Reinstatement of section as it existed prior to 12-16-99 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2001, No.
33).
13. New subsection (a)(13) and amendment of Note filed 8-15-2001; operafive
9-14-2001 (Register 2001, No. 33).
§ 4953. Category 3 Offenses.
A parole consideration date interval of three years shall be established
for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses:
(1) Sexual Assault with a Foreign Object (289(a) Penal Code).
(2) Rape (261 and all subsections Penal Code).
(3) Sodomy (286 and all subsections Penal Code).
(4) Oral Copulation (288a and all subsections Penal Code).
(5) Kidnap (207 Penal Code).
Page 272
Register 2001, No. 33; 8-17-2001
Title 15
Youthful Offender Parole Board
§4954
(6) Robbery (armed with dangerous or deadly weapon and with sub-
stantial injury) (21 1 Penal Code).
(7) Robbery of an inhabited dwelling (212.5 Penal Code).
(8) Robbery-Operator of Transportation Vehicle For Hire (212.5 Pe-
nal Code).
(9) Assault with Deadly Weapon or Force Likely to Produce Great
Bodily Injury upon a peace officer, fireman, custodial officer, transporta-
tion worker or school personnel (245(a), (b), 245.2 and 245.3 Penal
Code).
( 1 0) Assault with Firearm (on a peace officer/fireman) (245(a)(2) and
245(c) Penal Code).
(11) Grand Theft Person (armed with dangerous or deadly weapon and
with substantial injury) (487(2) Penal Code).
(12) Burglary (armed with dangerous or deadly weapon and with sub-
stantial injury) (459 and 460 Penal Code).
(13) Shooting at Inhabited Dwelling House, Occupied Building or Ve-
hicle (with substantial injury) (246 Penal Code).
(14) Arson (that causes great bodily injury) or is Committed During
a State of Insurrection or Emergency (451 and 454 Penal Code).
(15) Mayhem (203 Penal Code).
(16) Vehicular Manslaughter (with gross negHgence) (192(c) Penal
Code).
(17) Gross Vehicular Manslaughter While Intoxicated (191.5 Penal
Code).
(18) Carjacking (215 Penal Code).
(19) Kidnap with the Intent to Commit Rape, Oral Copulation,
Sodomy or Rape by Instrument (208(d) Penal Code).
(20) Discharging a Firearm from a Motor Vehicle with substantial in-
jury (12034(c), Penal Code).
(2 1 ) Conspiracy to commit any Category 3 offense ( 1 82 Penal Code),
(b) Panels, Deviation, and Modification.
( 1 ) All cases in Category 3 shall be heard by a Board panel at the initial
hearing and all subsequent hearings with the exception of the following:
(A) Parole consideration hearings shall be conducted by a full Board
panel.
(B) Annual and progress reviews for wards housed at or committed to
any non-Youth Authority facility and all Disciphnary Decision Making
System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may approve a deviation or modification
of six months earlier or later than the prescribed or previously established
parole consideration date, except that a referee may modify a parole con-
sideration date up to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or
modification in excess of the foregoing shall be submitted to a full Board
panel for decision.
(4) A full Board panel may modify a previously established parole
consideration date by a maximum of six months in any annual review
year, except that a full Board is not limited in its abihty to modify a parole
consideration date upward for DDMS behavior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the periods of time cited in (4) of this section shall be
submitted to the Full Board En Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
History
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No.
36).
2. Amendment of subsections (b)(l)-(b)(3), repealer of subsections (b)(4) and
(b)(5), and renumbering and amendment of former subsection (b)(6) to subsec-
tion (b)(4) filed 5-4-88; operative 6-3-88 (Register 88, No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 9 1 , No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-9] or emergency language will be repealed by operation of law on
the following day.
4. Amendment of subsection (b) refiled 1(3-9-91 as an emergency; opcrati\c
10-9-9 1 (Register 91 , No. 52). A Certificate of Compliance must be transiniltcd
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
5. Certificate of Compliance as to 1 0-9-91 order transmitted to OAL 1 -24 92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (a)(7)-(8) and (b)(1)(B) filed 12-28-93: operative
1-27-94 (Register 93, No. 53),
7. Repealer and new subsecuon (a)(5) and new subsections (a)(17) throush (a)(21 )
filed 10-15-96; operative 1 1-14-96 (Register 96, No. 42).
8. Amendment of subsections (a)(17). (a)(19)-(20), (b)(l)-(b)( 1)( A) and
(b)(2)-(6) filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4954. Category 4 Offenses.
A parole consideration date interval of two years shall be established
for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses:
(1) Vehicular Manslaughter (192(c) Penal Code).
(2) Involuntary Manslaughter (192(b) Penal Code).
(3) Robbery (Armed With Dangerous or Deadly Weapon or With Sub-
stantial Injury) (21 1 Penal Code).
(4) Assault with Causric Chemicals (244 Penal Code).
(5) Assault with a Deadly Weapon or Force Likely to Produce Great
Bodily Injury (with substanrial injury) (245(a)(1) Penal Code).
(6) Assault with Firearm (with substantial injury) (245(a)(2) Penal
Code).
(7) Assault with Intent to Commit Rape, etc. (220 Penal Code).
(8) Child Cruelty Likely to Produce Great Bodily Injury or Death
(273a(l) Penal Code).
(9) Extortion (518 and 520 Penal Code).
(10) Grand Theft Person (armed with dangerous or deadly weapon or
with substantial injury) (487(2) Penal Code).
(11) Burglary (armed with dangerous or deadly weapon or with sub-
stantial injury) (459 and 460 Penal Code).
( 1 2) Shooting at Inhabited Dwelling House, Occupied Building or Ve-
hicle (246 Penal Code).
(13) Arson (451 Penal Code).
( 1 4) Recklessly Causing a Fire of any Structure, Forest Land, or Prop-
erty (with substantial injury) (452 Penal Code).
(15) Sale, Possession for Sale, Transportation, or Furnishing of Con-
trolled Substance. Narcotics, Marijuana.
(16) Maintaining Place for Selling, Using of Certain Controlled Sub-
stances or Specified Narcotics (1 1366 Health and Safety Code).
(17) Any other felony including attempted felony not listed in Catego-
ries 1 through 3 (with substantial injury).
(18) Conspiracy to commit any Category 4 offense (182 Penal Code).
(19) Discharging a Firearm from a Motor Vehicle (12034(c), Penal
Code)
(20) Attempt of any offenses in Categories 2 and 3.
(21) Recommitment for any offense listed in Category 5 and 6 with a
prior commitment for any offense in Categories 1 through 6.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial
hearing. The referee may approve a six-month deviation from the pre-
scribed parole consideration date. A referee may recommend further de-
viation from the prescribed parole consideradon date by submitting the
matter to a full Board panel for decision. All subsequent hearings shall
be heard by a Board panel with the exception of the following:
(A) Annual and progress reviews for wards housed at or committed to
any non-Youth Authority facility and all Disciplinary Decision Making
System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may in any annual review year modify an
established parole consideration date by six months with the exception
of the following:
(A) A Board panel or referee may in any annual review year modify
an established parole consideration date downward by up to 12 months
Page 273
Register 2001, No. 33; 8-17-2001
§4955
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
for cases in designated accelerated treatment/counseling programs
which have a duration of one year or less.
(B) A referee may modify an established parole consideration date up
to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or
modification in excess of the foregoing shall be submitted to a full Board
panel for decision.
(4) A full Board panel may approve an additional twelve-month devi-
ation or modification to the prescribed or established parole consider-
ation dale in any annual review year, except that a full Board is not limited
in its ability to modify a parole consideration date upward for DDMS be-
havior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the foregoing shall be submitted to the Full Board En
Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 11 76, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
History
1 . Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No.
36).
2. Amendment of sub.section (b)(4) filed 5^1-88; operative 6-3-88 (Register 88,
No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency: operative 7-1-91
(Register 91 , No. 40). A Certificate of Compliance must be ti'ansmitted to OAL
by 10-29-91 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of sub,section (b) refiled 10-9-91 as an emergency; operative
1 0-9-9 1 (Register 9 1 , No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
5. Certificate of Compliance as to 10-9-9 1 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(1)(A) and (b)(2) and new subsection (b)(2)(A)
filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. Repealer and new subsection (a)(9), new subsections (a)(18) and (a)(19) and
subsection renumbering filed 10-15-96; operative 1 1-14-96 (Register 96, No.
42).
8. Amendment filed 10-15-98; operadve 11-14-98 (Register 98, No. 42).
§ 4955. Category 5 Offenses.
A parole consideration date interval of eighteen months shall be estab-
lished for those cases committed to the Youth Authority for offenses in
this category.
(a) Offenses:
( 1 ) Assault with A Deadly Weapon or Force Likely lo Produce Great
Bodily Injury (245(a) Penal Code).
(2) Battery (with substantial bodily injury) (242, 243(d), 243.2, 243.3,
243.6 Penal Code).
(3) Battery Upon a Peace Officer, Fireman or Upon a Custodial Officer
(243.1, 243(b), 243(c) Penal Code).
(4) Recklessly Causing a Fire of Inhabited Structure or Property
(452(b) Penal Code).
(5) Robbery (21 1 Penal Code).
(6) Grand Theft Person (487(2) Penal Code).
(7) Burglary, 1st Degree (459 or 460 Penal Code).
(8) Accessory to Murder (32 Penal Code).
(9) Sexual Battery (243.4 Penal Code).
(10) Intimidation of Witness by Force or Fear; in furtherance of a con-
spiracy; for pecuniary gain; or by a repeat offender (136.1(c) Penal
Code).
( 1 1 ) Conspiracy to commit any Category 5 offense (182 Penal Code).
(12) Attempt of any Category 4 Offense.
(b) Panels, Deviation, and Modification.
( 1 ) All cases in this category may be heard by a referee at the initial
hearing. The referee may approve a six-month deviation from the pre-
scribed parole consideration date. A referee may recommend further de-
viation from the prescribed parole consideration date by submitting the
matter to a full Board panel for decision. All subsequent hearings shall
be heard by a Board panel with the exception of the following:
(A) Annual and progress reviews for wards housed at or committed to
any non-Youth Authority facility and all Disciplinary Decision Making
System (DDMS) matters may be heard by a referee.
(2) A Board panel or referee may in any annual review year modify an
established parole consideration date by six months with the exception
of the following:
(A) A Board panel or referee may in any annual review year modify
an established parole consideration date downward by up to 12 months
for cases in designated accelerated treatment/counseling programs
which have a duration of one year or less.
(B) A referee may inodify an established parole consideration date up
to 12 months for DDMS behavior.
(3) A recommendation of a Board panel or referee for deviation or
modification in excess of the foregoing shall be submitted to a full Board
panel for decision.
(4) A full Board panel may approve an additional twelve-month devi-
ation or modification to the prescribed or established parole consider-
ation date in any annual review year, except that a full Board is not limited
in its ability to modify a parole consideration date upward for DDMS be-
havior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the foregoing shall be submitted to the Full Board En
Banc for decision.
(6) The Full Board En Banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1 176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
History
1 . Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No.
36).
2. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88,
No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 91 , No. 40). A Certificate of Compliance must be transmitted to OAL
by 1 0-29-9 1 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative
1 0-9-9 1 ( Register 9 1 , No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
5. Certificate of Compliance as to 10-9-91 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(1)(A) and (b)(2) and new subsection (b)(2)(A)
filed 12-28-93; operative 1-27-94 (Register 93, No. 53).
7. New subsection (a)(l 1) and subsection renumbering filed 10-15-96; operative
11-14-96 (Register 96, No. 42).
8. Amendment of subsections (a)(1), (b)(1), and (b)(2)-(b)(2)(A), new subsecfion
(b)(2)(B), and amenmdent of sutisecfions (b)(3)-(6) filed 10-L5-98; operative
1 1-14-98 (Register 98, No. 42).
§ 4956. Category 6 Offenses.
A parole consideration date interval of one year shall be established
for those cases committed to the Youth Authority for offenses in this
category.
(a) Offenses:
(1) Concealable Firearms (12021, 12025 Penal Code).
(2) Possession of Explosives, Flammable Matter or Fire Bomb (452(a)
Penal Code).
(3) Recklessly Causing Fire to Uninhabited Structure or Forest Land
(452(c) Penal Code).
(4) Burglary, 2nd Degree (459, 460 Penal Code).
(5) All Felony Offenses Not Listed.
(6) Conspiracy to commit any Category 6 offense (182 Penal Code).
(7) An Attempt of Any Category 5 offense.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial
hearing and all subsequent hearings. At the initial hearing, the referee
may approve a six-month deviation from the prescribed parole consider-
ation date.
Page 274
Register 2001, No. 33; 8-17-2001
Title 15
Youthful Offender Parole Board
§4956
(2) A referee may in any annual review year modify an established pa-
role consideration date by six months with the exception of the following:
(A) A referee may in any annual review year modify an established pa-
role consideration date downward by up to 12 months for cases in desig-
nated accelerated treatment/counseling programs which have a duration
of one year or less.
(B) A referee may modify an established parole consideration date up-
ward up to 12 months for DDMS behavior.
(3 ) A recommendation of a referee for deviation or modification in ex-
cess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month devi-
ation or modification to the prescribed or established parole consider-
ation date in any annual review year, except that a full Board is not limited
in its ability to modify a parole consideration date upward for DDMS be-
havior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the foregoing shall be submitted to the Full Board lin
Banc for decision.
(6) The full Board en banc is not limited in its ability to deviate or
modify.
NoTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1 176, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
[The next page is 275.]
Page 274.1
Register 2001, No. 33; 8-17-2001
Title 15
Youthful Offender Parole Board
§4961
History
1. Amendment filed 9-4-86; effective thirtieth day thereafter (Register 86, No.
36).
2. Amendment of subsection (b)(4) filed 5^-88; operative 6-3-88 (Resister 88,
No. 19).
3. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 9 1 , No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-91 or emergency language will be repealed by operation of law on
the following day.
4. Amendment of subsection (b) refiled 10-9-91 as an emergency; operative
10 9-91 (Register 91 , No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operation of law on
the following day.
5. Ceilificate of Compliance as to 1 0-9-9 1 order transmitted to OAL 1 -24-92 and
filed 2-26-92 (Register 92, No. 12).
6. Amendment of subsections (b)(2) and new subsection (b)(2)(A) filed
12-28-93; operative 1-27-94 (Register 93, No. 53).
7. New subsection (a)(6) and subsection renumbering filed 10-15-96; operative
1 1-14-96 (Register 96, No. 42).
8. Amendment of subsection (b)(2)(A), new subsection (b)(2)(B), and amendment
of subsections (b)(3)-(6) filed 1 0-15-98; operative 1 1-14-98 (Register 98, No.
42).
§ 4957, Category 7 Offenses.
(a) A parole consideration date of one year or less shall be established
for those cases committed to the Youth Authority for offenses not listed
in Categories 1 through 6. This provision also applies to a case in which
parole has been revoked for technical violation.
(b) Panels, Deviation, and Modification.
(1) All cases in this category may be heard by a referee at the initial
hearing and all subsequent hearings. At the initial hearing, the referee
may approve a six-month deviation from the prescribed parole consider-
ation date.
(2) A referee may in any annual review year modify an established pa-
role consideration date by six months with the exception of the following:
(A) A referee may in any annual review year modify an established
parole consideration date downward by up to 1 2 months for cases in des-
ignated accelerated treatment/counseling programs which have a dura-
tion of one year or less.
(B) A referee may modify an established parole considerate date up to
12 months for DDMS behavior.
(3) A recommendation of a referee for deviation or modification in ex-
cess of the foregoing shall be submitted to a full Board panel for decision.
(4) A full Board panel may approve an additional twelve-month devi-
ation or modification to the prescribed or established parole consider-
ation date in any annual review year, except that a full Board is not limited
in its ability to modify a parole consideration date upward for DDMS be-
havior.
(5) A recommendation of a full Board panel for deviation or modifica-
tion in excess of the foregoing shall be submitted to the Full Board En
Banc for decision.
(6) The full Board en banc is not limited in its ability to deviate or
modify.
NOTE: Authority cited: Section 1722, Welfare and Insdtutions Code. Reference:
Sections 1176, 1719, 1721, 1723 and 1766, Welfare and Institudons Code.
History
1. Amendment of subsection (b) filed 7-28-83; effective thirtieth day thereafter
(Register83, No. 31).
2. Amendment filed 9^^-86; effective thirtieth day thereafter (Register 86, No.
36).
3. Amendment of subsection (b)(4) filed 5-4-88; operative 6-3-88 (Register 88,
No. 19).
4. Amendment of subsection (b) filed 7-1-91 as an emergency; operative 7-1-91
(Register 9 1 , No. 40). A Certificate of Compliance must be transmitted to OAL
by 10-29-91 or emergency language will be repealed by operation of law on
the following day.
5. Amendment of subsection (b) refiled 10-9-91 as an emergency; operafive
1 0-9-9 1 (Register 9 1 , No. 52). A Certificate of Compliance must be transmitted
to OAL 2-5-92 or emergency language will be repealed by operafion of law on
the following day.
6. Certificate of Comphance as to 10-9-91 order transmitted to OAL 1-24-92 and
filed 2-26-92 (Register 92, No. 12).
7. Amendment of subsections (b)(2) and new subsection (b)(2)(A) filed
12-28-93; operative 1-27-94 (Register 93, No. 53).
8. Amendment of subsection (b)(2)(A), new subsecdon (b)(2)(B), and amendment
ofsubsections(b)(3)-(6) filed 10-1 5-98; operadve 1 1-14-98 (Register 98, No.
42).
§ 4958. Classification of Cases.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Secdons 1721 and 1723, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Regi.ster 85, No. 26).
Article 4.
Special Hearings and Actions in
Institutions
§ 4961 . Prohibited Institution Behavior and Sanctions.
Institutions and camps shall report to the board at his next board ap-
pearance, any ward found by Disciplinary Decision Making System
(DDMS) proceedings to have engaged in any prohibited behavior as enu-
merated in this section.
(a) Staff Reports. Staff reports shall include:
(1) The date, a description of the specific behavior, and the specific
finding of fact for each incident. All such behavioral incidents shall be
listed in chronological order in progress or annual review reports.
(2) Any disciplinary action imposed by staff at institutions or camps,
including program adjustment and detention information, shall also in-
clude the reasons therefor.
(3) A recommendation when the board is asked to impose a sanction.
(4) A statement of reasons when recommending the board deviate
from the sanctions prescribed by this section for prohibited behavior.
(b) Co-offenders. When full board and regular board cases are in-
volved in the same disciplinary incident all such cases shall, if at all possi-
ble, be presented to the same full board panel when staff is recommend-
ing an extension of parole consideration dates. If such presentation is not
possible, a copy of the clinical report and a full report of the disposition
of such co-offender(s) shall be included in the report.
(c) Sanctions. Sanctions in the form of extending parole consideration
dates are established for each of the prohibited behaviors described in this
section. The board may deviate from the prescribed sanctions. However,
the board's ability to deviate from these sanctions is subject to the same
provisions on modifying parole consideration dates as set forth in Article
3 of this subchapter. The board shall set forth its reasons in a clear and
concise manner in the board order when it deviates from the prescribed
sanctions.
(d) Behaviors. A ward in an institution or camp found to have engaged
in any of the behaviors described in this section shall be presented to
board immediately upon completion of the DDMS proceedings only if
staff is recommending extension of his/her parole consideration date.
The ward is subject to board disposition in the form of extending his pa-
role consideration date. The range of prescribed sanctions for each be-
havior follows the description of the behavior:
(1) Individual, group, or gang physical attack, with or without weap-
ons on staff, wards, or any persons not in custody. Prescribed range: 1-12
months.
(2) Participating in any sexual act without the consent of the other par-
ticipant. Prescribed range: 1-9 months.
(3) Possession or manufacturing of a weapon or other object^ — the pri-
mary intent or purpose of which is to inflict injury. Prescribed range: 1-9
months.
(4) Unlawfully using, possessing, manufacturing, selling, or bringing
into an institution any controlled substance (dangerous drugs or narcot-
ics). Prescribed range: 1-9 months.
(5) Escaping from the custody of the Youth Authority by use of force
upon another person. Prescribed range: 1-9 months.
(6) Holding another person by force or threat of force against such per-
son's will for the purpose of compelling that person, another person, or
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§4962
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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the Youth Authority to follow a demanded course of action. Prescribed
range: 1-9 months.
(7) Any conviction or sustained petition while a ward is under the con-
trol of an institution or camp. Prescribed range: 1-6 months.
(8) Any other prohibited behavior when staff believes an extension of
a parole consideration date is warranted. Prescribed range: 1-6 months.
NOTE; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1720. 1765 and 1766, Welfare and Institutions Code.
§ 4962. Returns to Court.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 780, 1737.1. 1780 and 1800, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thiilieth day thereafter (Register 85, No. 26).
§ 4963. Furloughs.
A furlough is a temporary release from an institution or camp granted
by the Board. Properly authorized escorted activities are not furloughs.
(a) Criteria. Except where specifically indicated otherwise:
(1) Furlough hearings are appearance hearings.
(2) A Full Board panel may approve furloughs for Category 1 , 2 and
3 cases, and those cases specifically designated to be heard by a three-
person panel.
(3) A Board panel may approve Category 4 and 5 cases.
(4) A Referee may approve Category 6 and 7 cases.
(b) Termination of furlough. DDMS action may be used for any infrac-
tion during the furlough and may result in termination of the furlough
privilege.
(c) Emergency Furlough. An emergency furlough is the temporary re-
lease of a ward to allow him/her to be with family because of death or seri-
ous family illness. The Director or a director's representative may grant
emergency furloughs for category 4-7 cases. Two Members shall ap-
prove emergency furloughs for category 1, 2 or 3 cases and those cases
specifically designated to be heard by a three-person panel. Outside of
normal working hours, one Member may grant approval of an emergency
furlough. Hearings for emergency furloughs may be non-appearance.
(d) Medical Furlough. A medical furlough is a temporary release of a
ward from an institution or camp for the purpose of medical or dental
treatment, when professional staff has documented a compelling need for
out-of-custody treatment. Medical furlough hearings may be non-ap-
pearance.
(e) Training Furlough. A training furlough is the temporary release by
the Board of a ward to an identified parole placement as a part of the insti-
tutional training program.
(1) Criteria.
(A) A training furlough is used to supplement institutional experiences
by preparing a ward for parole through visitation in an identified parole
placement. Tentative school, employment, and activity planning may be
an integral part of such a furlough.
(2) Granting training furloughs.
(A) Training furloughs usually last seven days or less. The Board may,
on an individual case basis, grant furloughs of any length. An order grant-
ing a training furlough shall include specific dates.
(B) Training furloughs shall not begin earlier than five working days
from the date of Board approval except with prior concurrence by appro-
priate parole branch personnel.
(f) Work furlough. A work furlough is the temporary release of a ward
to engage in daily community employment.
(1) Criteria.
(A) A work furlough is used to improve a ward's readiness for parole.
(B) After daily scheduled work, the ward shall return to the institution
where he/she is housed.
(g) Transitional Program furlough. A Transitional Program furlough
is the temporary release of a ward to a pre-release community residential
center. These centers supplement institutional training and treatment in
preparation for parole.
(1) Criteria.
(A) Transitional Programs are supervised programs which provide in-
tensive services directed toward community reintegration.
(B) Programs shall not exceed 1 20 days, except by specific directions
of the Board.
NOTE: Authority cited: Sections 1721 and 1722. Welfare and Institutions Code.
Reference: Section 1766, Welfare and Institutions Code.
History
1 . Amendment of subsections (a). (c)( 1 )( A). (d)(2)(A) and (E) filed 12-28-93; op-
erative 1-27-94 (Register 93, No. 53).
2. Amendment of section and Non-: filed 7-25-2001 : operative 8-24-2001 (Reg-
ister 2001, No. 30).
§ 4964. Release in Custody to Other Jurisdictions.
NOTE; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1008, 1714 and 1719, Welfare and Insdtutions Code.
History
1 . Order of Repeal of last sentence of subsection (c) filed 6-3-85 by OAL pursuant
to Government Code Secdon 1 1 349.7; effecfive thirtieth day thereafter (Regis-
ter 85, No. 26).
2. Repealer filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
Article 5.
Referral, Rescission, and Release
on Parole
§ 4966. Referral to Parole.
The Board orders a ward referred to parole. Referrals to parole shall
be made when the Board determines that a ward, under supervision and
with appropriate conditions of parole, is likely to present no significant
danger to the public. A denial of parole pursuant to this standard shall be
supported by a statement of reasons on the Board Order. The statement
will include specific findings concerning the ward's background, per-
formance, and propensities as set forth in Section 494.5(h), (i) and (j).
(b) (Reserved)
NOTE; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1 176, 1766, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Secdon 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Amendment of first paragraph and subsection (a)(2) filed 12-28-93; operative
1-27-94 (Register 93, No. 53).
3. Amendment of first paragraph and repealer of subsecdons (a)-(a)(2) filed
10-15-98; operadve 1 1-14-98 (Register 98, No. 42).
§ 4967. Out of State Referrals.
The Board may refer to parole any ward for investigation of placement
out of state in accordance with interstate compacts for juveniles and
adults.
(a) Wards whose legal residence is outside of California shall meet the
same criteria for referral to parole as resident wards.
(b) A court order committing a ward to the Youth Authority for return
to his state of residence will be considered, however, the Board is not
bound by such court order.
(c) Wards whose residence is in California may be referred to parole
for placement in another state.
(d) (Reserved)
NOTE: Authority cited: Secdon 1722, Welfare and Institutions Code. Reference:
Sections 1009, 1714, 1719 and 1300-1308, Welfare and Institutions Code; and
Secdon 1203, Penal Code.
History
1 . Order of Repeal of subsection (d) filed 6-3-85 by OAL pursuant to Govemment
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. Repealer of subsecdons (e)-(e)(2) filed 10-15-98; operadve 1 1-14-98 (Regis-
ter 98, No. 42).
§ 4968. Rescission of Referral to Parole.
The Board may for good cause, after a hearing, rescind a referral to pa-
role.
(a) Criteria for rescission. After referral to parole, institution staff shall
inidate rescission proceedings when:
(1) A ward is involved in a serious disciplinary incident.
(2) A serious deterioration has taken place in a ward's mental or emo-
tional status which makes him a danger to himself or other persons.
Page 276
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Title 15
Youthful Offender Parole Board
§4977
(3) A ward has been referred to parole in the mistaken belief his con-
finement time has been exhausted, and who does not meet the standards
for referral to parole as set forth in Section 4966.
(b) Protections Afforded a Ward in Rescission Matters. A ward under-
going rescission proceedings shall be entitled to the same protections af-
forded a ward in parole violation matters as enumerated in Section 4977.
As a further protection, where legal counsel is not granted, a ward shall
have the right to the assistance of a staff, program volunteer, or ward rep-
resentative. Tlie choice of a representative shall be that of the ward sub-
ject to the same limitations as set forth in Section 4644 with respect to
wards undergoing Disciplinary Decision Making System action.
(c) Hearings and Orders.
( 1 ) The rescission hearing shall be held within 30 days of institution
staffs determination that the ward meets the criteria for such a hearing.
(2) (Reserved)
(3) A finding of fact shall be based on the preponderance standard of
certainty.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1720, 1765 and 1766, Welfare and Institutions Code.
History
1 . Order of Repeal of subsections (c)(2) and (c)(4) filed 6-3-85 by OAL pursuant
to Government Code Section 11349.7; effective thirtieth day thereafter (Regis-
ter 85, No. 26).
§ 4969. Release on Parole.
(a) Foster Home Placement. The Board shall approve foster home
placement of any ward. This approval may be given in the referral order.
A full board panel shall approve all orders for foster home placement in
the home of a Youth Authority employee or a Youthful Offender Parole
Board Member or employee.
(b) (Reserved)
(c) Time Limits.
(1) When staff is authorized to approve a placement plan, release of
the ward shall be within 60 days of the referral order. When this is not
accomplished the case shall be calendared for Board review and decision.
(2) A ward who is under Youth Authority commitment to a county fa-
cility shall be released within seven calendar days from the date of release
ordered by the Board. Any exception to this requirement shall be ap-
proved by the Board.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections II 76, 1766, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
Chapter 3. Board Rules Relating to Parole
Article 1. General Provisions
§4971. Authority.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1177, 1714, 1719, 1720 and 1766, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
11 349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4972. Annual Good Cause Reviews.
The Board shall at least annually reexamine the case of each parolee.
This shall be for the purpose of determining whether the existing order
or disposition shall be modified or continued in force.
(a) Initial Review. The initial annual review shall be conducted no later
than one year from the date of a parolee's last institution appearance prior
to his/her release on parole. A Board review or a disposition report which
describes a parolee's progress to date while on parole may serve as an an-
nual review. When this occurs the next annual review date shall be no lat-
er than one year from the review of a disposition report.
(b) (Reserved)
( 1 ) The parolee shall be notified of the date, time, and place of his/her
scheduled annual review at least ten days prior to such review. Along
with this notice, the parolee shall be provided a copy of the report sub-
mitted to the Board by his/her parole agent.
(2) The parolee may appear before the Board for his/her annual rc\ lew
unless he/she chooses not to or when he/she is in custody in a non-Youth
Authority institution.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Rclcrencc:
Sections 1761 and 1720, Welfare and Institutions Code.
History
1 . Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to Government
Code Section 1 1349.7; effective thirtieth day thereafter (Register 85. No. 26).
2. Amendment filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4973. Communication with Parolees.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4974. Special Detoxification Programs.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1766, Welfare and Institutions Code.
History
1. Order of Repeal, except first sentence, filed 6-3-85 by OAL pursuant to Gov-
ernment Code Section 1 1349.7; effective thirtieth day thereafter (Register 85,
No. 26).
2. Repealer filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4975. Parolees Living Out-of-State.
The Board authorizes a parole agent to grant permission for a parolee
to leave the State of California and take up residence in another state
when it is in the best interests of the parolee.
NOTE; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1300, Welfare and Institutions Code; and Section 1203, Penal Code.
Article 2. Parole Violation
§ 4976. Introduction.
NOTE; Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1714, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effecfive thirtieth day thereafter (Register 85, No. 26).
§ 4977. Protections Afforded a Ward in Parole Violation
Matters.
A parolee who is scheduled for a probable cause, detention, violation,
or disposition hearing shall be afforded the following rights:
(a) Notice of date, time, and place of hearing at least five days in ad-
vance of the hearing.
(b) Notice of the alleged parole violations and the evidence relied upon
in support of the allegations.
(c) To receive a copy of any police, arrest, and crime reports which are
in the possession of the Department pertaining to such proceedings. Por-
tions of such reports containing confidential information need not be dis-
closed if the parolee or his attorney has been notified that confidential in-
formation has not been disclosed to them.
(d) To ask for the assistance of counsel and to receive counsel when
he meets the established criteria.
(e) To appear in person and speak in his own behalf.
(f) To bring letters and documents to the hearing and to request the
presence of individuals who can give relevant information in his behalf.
(g) To request that persons appear who have given adverse informa-
tion so they may be questioned in his presence.
(h) To ask for a postponement if new evidence is presented at the hear-
ing and he needs time to prepare a response.
(i) To have the facts established and a detention or revocation decision
made by an independent party not associated with the recommendation.
The Board assumes the responsibility for such decision making.
(j) To receive a written summary of a hearing where facts were estab-
lished or where detention or revocation of parole was ordered. The sum-
mary shall include the evidence relied upon where probable cause or vio-
Page 277
Register 2001, No. 30; 7-27-2001
§4978
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
lation of parole is established at the hearing. When detention or
revocation of parole is ordered, the reasons for such action shall be in-
cluded in the summary.
Note.- Authority cited: Section 1722, Welfare and histitutions Code. Reference:
Sections 1714. 1719, 1721, 1723 and 1766. Welfare and Institutions Code.
§ 4978. Detention.
(a) Criteria for Detention. A parolee shall be detained when it is deter-
mined it is more likely than not there is a substantial risk that unless he/
she is detained he/she will be:
(1) An iiTimediate and significant danger to the person or property of
another.
(2) An immediate and significant danger to himself/herself.
(3) In immediate danger of leaving the jurisdiction of the Youth Au-
thority.
(b) Authority to Detain.
( 1 ) The Board may detain a parolee when it determines there is prob-
able cause to believe a parolee has violated parole or when a violation of
parole has been established.
(c) Time Limits on Detention Prior to Board Hearing.
( 1 ) A parolee has a right to a hearing before the Board within 60 days
of Youth Authority initiated detention:
(A) To determine whether he/she has violated a condition of parole.
(B) To determine whether there is probable cause to believe he/she has
violated parole when court action is pending.
(2) When hearings occur more than 60 days after a Youth Authority
initiated detention, a written justification shall be presented to the hearing
officer. The justification shall document the reasons for the delay and
may be distributed to the parolee, his/her attorney, the parole agent and
the board hearing coordinator.
(3) The hearing officer may determine a delay has resulted in substan-
tial prejudice to the parolee. Substantial prejudice is a handicap suffered
by the parolee and caused by a delay which could reasonably influence
the outcome of the hearing.
(A) A hearing officer will use the preponderance standard of proof in
determining the existence of substantial prejudice.
(B) A hearing officer must be convinced beyond a reasonable doubt
that the parolee has not been prejudiced when the violation or probable
cause hearing has been delayed for two months or longer.
(C) When a hearing officer determines there is substantial prejudice
he/she shall either dismiss all actions before him/her or those allegations
wherein substantial prejudice is found.
( 1 ) A parole agent shall ensure that a detained parolee may communi-
cate with him/her at any reasonable time when the parolee has new infor-
mation which might possibly change a detention decision.
(2) When a hearing officer has ordered a parolee detained, release
from detention requires approval by a Member or Board representative.
Parole staff shall contact the hearing officer making the original order,
or in his/her absence, another Member or Board representative when new
information indicates detention is no longer required. The hearing officer
may give verbal approval for withdrawal of the detention order with the
stipulation that a written report will be presented at a non-appearance pa-
role calendar explaining the action.
(3) When court action is extended and the parolee is detained the
Youth Authority may consider placing the parolee in a Youth Authority
institution. This may occur when it is deemed to be in the best interests
of the parolee, and providing it does not interfere with the court process.
(g) Parolees undergoing court action in other states and/or being held
by the Youth Authority in other states, will be handled in the same man-
ner as other parolees in the violation process except as follows:
(1) Detention of parolees in other states by the Youth Authority will
be reported to the Board at a parole calendar within sixty (60) days of
such detention.
(2) Time limits for hearings for parolees being detained out of state
will be suspended until the date the parolee is returned to California.
NOTE: Authority cited: Sections 1721, 1722 and 1767.3, Welfare and Institutions
Code. Reference: Section 1766, Welfare and Institutions Code.
History
1 . Order of Repeal of initial paragraph filed 6-3-85 by OAL pursuant to Govern-
ment Code Section 1 1349.7; effective thirtieth day thereafter (Register 85, No.
26).
2. Repeal of subsection (f)(1), subsection renumbering and amending of newly
designated subsection (f)(3) filed 12-28-93; operafive 1-27-94 (Register 93,
No. 53).
3. Amendment filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
4. Amendment of subsections (c)(1), (c)(2) and (g)(1) and amendment of Noth
filed 7-25-2001: operative 8-24-2001 (Register 2001, No. 30).
§ 4979. Legal Counsel.
A parolee who is to appear before the Board for a probable cause/de-
tention, violation, or disposition hearing, shall have the right to request
the assistance of an attorney. The parolee may waive this right when such
waiver is voluntary, and made knowingly, and intelligently. When the
parolee is under 14 years of age, such waiver requires parental consent.
Legal counsel representing wards at hearings shall be attorneys who have
been admitted to the practice of law by the State of California. The grant-
ing of counsel is conditional and subject to criteria established by the
Board.
(a) Timely Request for Counsel. A parolee shall make his/her request
for counsel when the Board hearing coordinator advises him/her of his/
her rights to due process while undergoing violation action. A request for
counsel subsequent to that time will be considered only if it is determined
that the parolee did not receive the opportunity or was unable to under-
stand and/or exercise his/her right to request counsel.
(b) Criteria for Counsel. Any one of the criteria enumerated herein
may be sufficient in and of itself to grant counsel for a parolee. A parolee
who meets the criteria set forth below in subsections (1), (2), or (3) shall
be granted counsel. If the criteria for subsection (4) are met in conjunc-
tion with that described in either subsection (5) or subsection (6) the right
to counsel shall be granted. The criteria are:
(1) The parolee is under 14 years of age.
(2) The parolee is incapable of speaking for himself/herself by virtue
of a severe mental disorder or other grave mental disability.
(3) Confidential testimony has been taken or will be taken at the hear-
ing.
(4) The parolee is incapable of speaking for himself/herself by virtue
of:
(A) The complexity of the issues to be considered at the hearing.
(B) Personal limitations based on the parolee's age, education, intelli-
gence, ability to read and speak English and verbal ability.
(5) The parolee makes a colorable denial of the alleged violation of pa-
role. Colorable is defined as seemingly valid or genuine, plausible, or
having an appearance of being true or right. It is not necessary for the pa-
rolee to convince the Youthful Offender Parole Board he/she did not
commit the violation. All that is required is a minimal estabUshment of
a possibility that the denial is genuine.
(6) There are substantial mitigating circumstances in connection with
the alleged violations of parole. The reasons which justify or mitigate the
alleged violation must be plausible and of real worth, not imaginary or
illusive. The circumstances must also be such that revocation of parole
would be inappropriate or be so complex as to be difficult for a parolee
to present at a hearing.
(c) Determination of Need for Counsel. The Board has final responsi-
bility for determining the need for counsel for a parolee at a hearing.
(1) When counsel has previously been denied and the hearing officer
determines the ward needs counsel, he/she shall set forth on a Board order
his/her reason.
(2) When counsel is granted the parolee may pay for an attorney of his/
her own choosing, except that when a parolee is unable because of indi-
gency to retain his/her own attorney, the Youth Authority will provide
counsel.
NOTE: Authority cited: Section 1722, Welfare and Institudons Code. Reference:
Sections 1714 and 1719, Welfare and Institutions Code.
History
1. Amendment of subsections (b)(5) and (c)(l)-(2) filed 12-28-93; operafive
1-27-94 (Register 93, No. 53).
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Youthful Offender Parole Board
§4982
2. Amendment filed 10-15-98; operative 11-14-98 (Register 98, No. 42).
§ 4980. Hearings.
The Board has established the following rules for all hearings relating
to parole violation proceedings.
(a) When appropriate the Board may conduct more than one type of
hearing in the violation series on the same date.
(b) Hearings to determine probable cause or violation of parole shall
be held within the county or within 60 miles of where the alleged viola-
tion occurred.
(c) The parolee shall be present during the hearing. If the parolee is un-
der 1 8 years of age, the parents or guardians shall be notified and may
attend the hearing. When counsel is granted, he/she may be present at the
hearing.
(d) The hearing officer shall familiarize himself/herself with neces-
sary reports and supporting evidence prior to the hearing. This review
will be limited to those materials relative to the type of hearing to be con-
ducted.
(e) The parolee may challenge any allegation of a violation brought ex-
clusively by the Youth Authority but cannot challenge a court finding of
probable cause or a violation of law.
(f) The hearing officer shall limit the scope of the hearing to issues
relevant to the particular hearing which is being held.
(g) The hearing officer may assume staff reports are true unless the ac-
curacy of the information is successfully challenged at the hearing.
(1) Witnesses shall be encouraged to attend the hearing to provide di-
rect testimony even though not requested for cross-examination pur-
poses.
(2) When possible, parolee shall be advised of witnesses' attendance
and scope of witnesses' testimony.
(h) The hearing officer shall use discretion in screening witnesses.
Any witness whose testimony would not be relative to the issues at hand
may be excluded. The hearing officer will document the reasons why a
witness is excluded.
(i) The hearing officer shall determine the order of presentation of evi-
dence and the order in which witnesses are called.
(j) A witness may be excused from appearing at the hearing if the hear-
ing officer has good cause to believe such witness would be subject to
risk of harm if he/she testified at the hearing. The hearing officer in such
an instance shall take testimony from the witness without the presence
of the parolee. The parolee shall be informed of the substance of the evi-
dence received to the extent that the identity of the witness is protected.
The summary of the hearing shall indicate that confidential testimony
was relied upon in reaching the decision.
(k) The rules of evidence applicable in a court proceeding do not apply
to parole violation proceedings. Hearsay evidence, illegally seized con-
traband or information obtained without proper warning to the parolee
with respect to self incrimination may be considered by the hearing offi-
cer. Prior delinquent or criminal conduct may be introduced into evi-
dence when the evidence is relevant to prove some facts, such as motive,
opportunity, intent, preparation, plan, knowledge, or identity or absence
of mistake or accident, or, where the evidence affects the credibility of
a witness. The hearing officer shall, however, weigh the reliability of any
evidence presented. Direct and verified evidence shall be given the great-
est weight in deciding the issues in a particular case.
(/) Any person, including the parolee, who disrupts a hearing may be
excluded from further participation by the hearing officer.
(m) The hearing officer is responsible for assuring that the parolee has
had a full opportunity to present all relevant information in his/her own
behalf.
(n) The hearing officer shall record findings of specific violations with
respect to the allegations shown in the written notice. He/she shall record
all orders made at the hearing.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
History
1. Amendment of subsection (I) filed 1 1-8-82; effective thirtieth day thereafter
(Register 82, No. 46).
2. Amendment filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4981 . Probable Cause/Detention Hearing.
A parolee undergoing court action has a right to a hearing before the
Board when he has been detained by Youth Authority action. This hear-
ing shall first be for the purpose of determining whether there is probable
cause to believe he has substantially violated a law and thus a condition
of parole. Probable cause requires a reasonable belief, based on reliable
evidence, that a person has violated a law. The evidence must substanti-
ate more than mere suspicion but need not amount to proof of guilt.
Where probable cause is established the Board then determines whether
or not detention should be continued.
(a) Probable cause may be established in the case of a parolee by:
( 1) A finding by a court that a crime was committed and there is prob-
able cause to believe the parolee committed the crime. In this instance the
hearing officer shall establish probable cause by determining the parolee
appearing before him is the same subject who appeared before the court.
(2) A finding by the hearing officer that a violation of law occurred and
that there is probable cause to believe the parolee was the person who
committed the crime.
(b) A hearing officer may order a parolee detained following the estab-
lishment of probable cause provided the parolee meets the criteria for de-
tention.
(c) When a hearing officer finds probable cause but orders that a parol-
ee not be detained the Youth Authority detention order shall be removed
within 24 hours.
(d) A parolee may waive a timely probable cause/detention hearing
provided such waiver is voluntary, and made knowingly and intelligent-
ly. A waiver of such a hearing shall in general meet the same test as a
waiver of the right to request legal counsel. A waiver signed by the parol-
ee shall be presented to the Board along with appropriate violation and
detention reports prepared by parole staff. The Board may on a non-ap-
pearance basis, establish probable cause and order detention when appro-
priate criteria are met. A waiver of a timely hearing shall not be consid-
ered an admission of the truth of the charges pending in court.
(e) When at a scheduled probable cause hearing it is discovered court
action has been completed the hearing officer may conduct a disposition
hearing provided:
( 1 ) Parole staff is recommending to continue the ward on parole.
(2) The parolee waives notice of the disposition hearing and service
of a written disposition report.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 171, 1719, 1721 and 1723, Welfare and Institutions Code.
History
1 . Amendment of subsection (d) filed 3-1 9-92 as an emergency ; operati ve 4- 1 -92
(Register 92, No. 1 3). A Certificate of Compliance must be transmitted to OAL
7-30-92 or emergency language will be repealed by operation of law on the fol-
lowing.
2. Amendment of subsection (d) filed 8-26-92; operative 9-25-92 (Register 92,
No. 35).
§ 4982. Violation of Parole.
The Board shall estaWish that there has been a substantial violation of
a condition of parole before a parolee may be deprived of his liberty
through revocation of parole.
(a) Kinds of Violations of Parole.
(1) Law violation. A court finding of a violation of law establishes a
violation of a condition of parole.
(2) Technical violation. This is a violation of a general or special con-
dition of parole as imposed by the Board. It takes specific Board action
to estabtish a technical violation of parole except when the parolee has
made a voluntary admission of such violation.
(b) Reporting Possible Parole Violations to the Board. Parole staff
shall report to the Board when:
(1) A court has estabhshed that a parolee has committed a substantial
law violation.
Page 279
Register 2001, No. 30; 7-27-2001
§4983
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(2) Parole staff believes a parolee has committed a substantial viola-
tion of a general or special condition of parole.
(A) Parole staff may allege a technical violation of parole when there
has been a dismissal or acquittal by court action. This may occur when
parole staff believes the behavior charged in the court action represented
a substantial violation of parole and it is believed there is sufficient proof
to establish the truth of such a violation.
(c) Options Available to a Parolee: A parolee charged by parole staff
with a violation of parole may:
( 1 ) Waive his right to a timely hearing on alleged technical violations
of parole when he has court action pending on a law violation. However,
a violation hearing shall be conducted within 72 days of the waiver when
court action has not been completed. Any waiver of a timely hearing shall
not be considered an admission of the truth of the alleged violation.
(2) Sign an admission as to the tmth of any alleged violation of parole.
(3) Demand a hearing before the Board to determine the truth of any
alleged violation of parole.
(d) Standard of Proof. A preponderance standard of proof shall be
applied by the Board to the fact finding process of determining whether
a parolee has violated a condition of parole. This means a hearing officer
shall decide whether it is more likely than not that a parolee did violate
a condition of parole as alleged.
(e) Non-substantial Violations of Parole. Parole staff shall report a
non-substantial violation of law established by a court to the Board with-
in 1 5 days of a completed court action. A parole report briefly describing
the parolee's behavior and giving the court disposition is to be presented
to the Board at a parole calendar.
(f) Minor Violations of Law and Citations. Vehicle Code traffic viola-
dons and citations for possession of marijuana need not be reported to the
Board, including when a warrant is issued, except for:
(1) Hit and run.
(2) Injury to person or property.
(3) Driving under the influence of alcohol or drugs.
(4) Two or more citaUons for possession of marijuana within a six-
month period.
(5) Two or more traffic warrants within a six-month period.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721, 1723, 1766 and 1767.3, Welfare and Institutions Code.
History
1. Amendment of subsections (c)(1) and (c)(2) filed 3-19-92; operative 4-1-92
(Register 92, No. 1 3). A Certificate of Compliance must be transmitted to OAL
7-30-92 or emergency language will be repealed by operation of law on the fol-
lowing.
2. Amendment of subsections (c)(1) and (c)(2) filed 8-26-92; operative 9-25-92
(Register 92, No. 35).
§ 4983. Disposition of a Parole Violation.
The Board shall make a disposition in all cases where a substantial vio-
lation of parole by a parolee has been established,
(a) Time Limits and Board Actions.
(1) Disposidon Review. This review is conducted by the Board on a
non-appearance basis at a parole calendar. It shall be held at the earliest
opportunity following establishment of a parole violadon when the pa-
rolee is not in custody or when the Youth Authority detention order has
not been withdrawn, and parole staff is recommending that the ward be
continued on parole. At this review the Board may order that the ward be
condnued on parole or order the scheduling of a disposition hearing. If
the hearing officer believes the parolee meets the criteria for detendon,
he may order him detained pending a disposition hearing.
(2) Disposition Hearing. A disposition hearing shall be held for a pa-
rolee when the parole agent is recommending revocadon of parole, or
when the Board at a review orders a hearing. A disposidon hearing may
not be waived by a parolee.
(A) A disposition hearing shall be held within 30 days of:
1 . The date of final court acdon on all matters before the court.
2. The date the Youth Authority established a technical violadon of pa-
role if no court action is pending.
(B) At a disposidon hearing the hearing officer may:
1 . Continue the ward on parole when he believes it is in the best inter-
ests of the community and to the advantage of the parolee.
2. When a parolee is in detendon and continued on parole he shall be
released from the Youth Authority detainer within 24 hours. If a new
placement plan is required the hearing officer shall order the parolee de-
tained temporarily and to be released when an acceptable plan is devel-
oped. In making such an order the hearing officer shall set a specific time
the case is to be returned to Board if release is not effected.
3. Revoke the parole of a parolee when he determines the parolee is in
need of institutional training and treatment.
(b) Revocadon of Parole.
( 1 ) In ordering revocadon of parole at a disposition hearing the hearing
officer shall:
(A) Establish a parole consideradon date or order a new clinical study
for the parolee.
(B) Designate the place where the new institudonal stay will begin.
(2) When a parolee has been committed to the Youth Authority by a
court as a result of an offense committed while on parole, the parole status
of such a parolee shall be revoked at the inidal hearing.
NOTE: Authority cited: Section 1722. Welfare and InstituUons Code. Reference:
Sections 1714, 1719, 1721, 1723 and 1766, Welfare and Institutions Code.
Article 3. Temporary Detention
§ 4985. Temporary Detention.
Temporary detendon is the detention of a parolee for 30 days or less
for treatment purposes and/or to redefine the condidons of parole. Tem-
porary detention shall be used when the violation process is not contem-
plated. A parolee may be detained temporarily only in a place approved
by the Director.
(a) Initiadng Temporary Detention. The Board or parole staff may ini-
date the temporary detendon of a parolee under the following circum-
stances:
(1) For psychiatric evaluadon and/or treatment necessary to prevent
danger to the parolee or other persons.
(2) For medical diagnosis and/or treatment necessary for the physical
health of the parolee when the health of the parolee or another person is
seriously endangered.
(3) As a sancdon for behavior which may not be an actual violadon of
parole but which, if not corrected, will more likely than not lead to a sub-
standal violadon of parole.
(b) Duradon of Temporary Detendon. The duradon of temporary de-
tendon shall be the minimum necessary to accomplish its stated objec-
dves. If the objecdves cannot be accomplished within the dme intervals
prescribed below, a parolee's case shall be placed in the violadon pro-
cess.
( 1 ) At any one dme the temporary detendon of a parolee shall not ex-
ceed 30 condnuous days.
(2) The total duradon of temporary detention in any continuous six
month period shall not exceed 30 days.
(c) Protections Afforded a Parolee in Temporary Detention Matters.
( 1 ) The parolee shall have the right to a personal appearance hearing
before a director's representadve unless it is reasonably waived.
(2) The hearing shall precede detention if possible but, in any event,
shall be no later than two days after inidadon of detention.
(3) The parolee shall receive a written report of the reason for deten-
don, its objectives, and the proposed duration of such detention.
(4) The parolee shall have the opportunity to respond to the issues
raised in the parole staffs report.
(5) The parolee shall have the right to legal counsel when the criteria
for counsel in violation matters are met. The director's representadve
shall initiate appointment of counsel when he believes criteria for coun-
sel are met. A condnuance of the hearing for no longer than one week
may be given when counsel is appointed.
(6) A decision on temporary detention shall be supported by a prepon-
derance of evidence.
Page 280
Register 2001, No. 30; 7-27-2001
Title 15
Youthful Offender Parole Board
§4997
(7) A concise written summary of the decision and of the reasons for
the decision shall be prepared and a copy provided to the parolee.
(8) The Board shall review the written summary and the decision of
the director's representative at the first parole calendar following the
temporary detention decision.
NOTIi: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1766, Welfare and Institutions Code.
Chapter 4. Discharge of Wards
Article 1. General Provisions
§ 4986. Authority.
The Board is authorized by law to discharge wards of the Youth Au-
thority. No ward shall be discharged prior to the expiration of his commit-
ment unless such action is consistent with the protection of the public.
(a) The parolee shall have received notification of the date, time, and
place of his scheduled discharge review, including a copy of the report
to be submitted to the Board, at least ten days prior to such review and
he may appear at such review.
(b) When considering discharge of a ward, the Board order shall in-
clude a statement of reasons for the decision.
NOTE: Authority cited: Sections 1177, 1178. 1179, 1714, 1719 and 1722, Welfare
and Institutions Code. Reference: Sections 1177, 1178. 1179, 1714, 1719, 1720,
1723, 1765, 1766, 1769, 1770, 1771 and 1772, Welfare and Institutions Code.
§ 4987. Discharge Required.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1769, 1770, 1770.1, 1771, Welfare and Institutions Code.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4988. Panels Authorized to Discharge.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1721 and 1723, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 4989. Modification of Discharge.
A full board panel may modify an order of discharge to change the
classification if conditions indicate such modification is desirable and is
to the benefit of the individual ward.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1766, Welfare and Institutions Code.
§ 4990. Discharge of Out-of-State Cases.
The Board may discharge a ward who is returned to his state of legal
residence under the provisions of the interstate compact as follows:
(a) Under provisions set forth in Sections 4995, 4996, 4997 of these
regulations.
(b) When it is recommended by or requested by the agency providing
supervision in the receiving state, and such discharge is consistent with
Section 4986 of these regulations.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1766, Welfare and Institutions Code.
§ 4991. Release from Penalties.
NOTI-;: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1 179 and 1772, Welfare and Institutions Code.
History
1 . 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).
§ 4992. Rejection of Cases.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Section 1 766, Welfare and Institutions Code.
History
1 . 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).
Article 2. Classification of Discharge
§ 4995. Honorable Discharge.
(a) A ward may be discharged honorably when he/she has performed
satisfactorily for a sufficient period of time to give reasonable assurance
that he/she will continue as a law-abiding citizen.
(b) A ward shall have met at least one of the following criteria before
receiving an honorable discharge.
( 1 ) Have a minimum of one year of satisfactory behavior as reflected
in parole summary reports, except tho.se cases in Sections 4951, 4952,
and 4953 (Board Hearing Categories 1, 2, and 3) must have a minimum
of eighteen months satisfactory behavior as reflected in parole summary
reports which shall be referred to in the discharge report.
(2) Have demonstrated a pattern of behavior reflecting personal, social
and economic growth with a satisfactory plan for continued positive
growth in the future. (The above criteria applies to wards who are eligible
for discharge from either the institution or parole.)
(3) Have paid all court-ordered restitution, demonstrates satisfactory
compliance with all laws, and confirms a pattern of responsibility to vic-
tims of their previous crime involvement.
NOTE: Authority cited: Sections 1721 and 1722, Welfare and Institutions Code.
Reference: Sections 1 177, 1178 and 1772, Welfare and Institutions Code.
History
1. Amendment of subsection (a) filed 10-15-98; operative 11-14-98 (Register
98, No. 42).
2. New subsection (b)(3) and amendment of Notk filed 7-25-2001; operative
8-24-2001 (Register 2001, No. 30).
§ 4996. General Discharge.
A ward shall meet at least one of the following criteria for a general
discharge.
(a) When the length of jurisdiction of the Youth Authority has not pro-
vided a ward the opportunity to demonstrate institutional behavior or pa-
role performance for a satisfactory period of time to give reasonable as-
surance he/she will function as a law-abiding citizen.
(b) Upon the death of a ward, unless the ward dies during the commis-
sion of a crime.
(c) When the ward will not benefit from further training, treatment, su-
pervision and/or surveillance resources available to the Youth Authority
but is not likely to be a danger to himself/herself or to the community.
(d) When, at expiration of jurisdiction, the ward does not meet the cri-
teria for Honorable Discharge and the record does not warrant a Dishon-
orable Discharge.
(e) When at an annual review of a ward who has been deported there
is no evidence that the ward has returned to the United States.
NOTE: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
Sections 1714, 1719 and 1766, Welfare and Institutions Code.
History
1. Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. OAL Notice of Erroneous Filing filed 2-6-86; purported repealer of Section
4996(a)-(f) (first sentence only) filed in error on 6-3-85 is null and void and
text as filed with Secretary of State on 8-6-82 remains in effect uninterrupted
EXCEPT subsection (0 (second sentence only) which was properly repealed on
6-3-85 (Register 86, No. 6).
3. Amendment filed 10-15-98; operative 1 1-14-98 (Register 98, No. 42).
§ 4997. Dishonorable Discharge.
(a) The ward has been committed to any state or federal prison.
(b) The ward has been committed to any local, state, or federal jurisdic-
tion for a period of probation or jail sentence which does not exceed
Youth Authority jurisdiction and it is shown on a casework basis that he/
she will no longer need Youth Authority supervision or services.
(c) The ward has been committed to any local, state, or federal jurisdic-
tion for a period of probation or jail sentence which exceeds Youth Au-
thority jurisdiction and it is shown on a casework basis that he/she will
no longer need Youth Authority supervision or services.
(d) The ward has demonstrated or performed in a manner that indicates
to the Board he/she is not capable at the time of expiration of commitment
Page 280.1
Register 2001, No. 30; 7-27-2001
§4997 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
of functioning as a law-abiding citizen. Such beiiavior shall be docu- Note: Authority cited: Section 1722, Welfare and Institutions Code. Reference:
mented in the" ward's file and referred to on the Board Order. Sections 1714, 1719 and 1766, Welfare and Institutions Code.
(e) The ward is not under supervision by the Youth Authority and his/ , ... History ^., ,.„
, , , , .. J -11 u J- u .4 • • 1. Amendment otsub,sections(b)-(e) and new subsections (f)-(e) hied 10-15-98;
her whereabouts are unknown. No ward will be discharged as missing operative 11-14-98 (Ret^ister98 No 4^)
prior to expiration of commitment by age.
(f) The ward dies during the commission of a crime.
(g) When the ward has court action pending at the time of expiration
of commitment and the Board believes the outcome would determine the
type of discharge. A referee is authorized to review and modify a dis-
charge under this section.
* * *
Page 280.2 Register 2001, No. 30; 7-27-2001
.A.
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 5. Narcotic Addict Evaluation Authority
Vol. 20
XMOIVISOIM
^
\A/EST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 15
Narcotic Addict Evaluation Authority
Table of Contents
Division 5. Narcotic Addict Evaluation Authority
Table of Contents
Page
Page
Chapter I . General 281
Artiele 1 . Rules of Construction and
Definitions 281
§ 5000. Rules of Construction and
Definitions.
Article 2. Organization and
Composition 282
Civil Addict Program.
Cooperative Relationship.
Composition of the Narcotic Addict
Evaluation Authority.
Chairman.
Administrative Officer/Hearing
Representative.
Delegation of Functions.
Policy Making Procedures 283
Closed Meetings.
Administrative Directive.
Public Participation 284
Individual Cases.
Hearings 284
General 284
Types of Decisions.
Hearing Officer.
Official Decisions.
Finality of Decisions.
Official Records.
Visitors and Observers.
Release Decisions 285
Cases Considered.
Factors to Be Considered.
Personal Appearance by Individual.
Attendance of Counselor at
Hearings.
Role of Institufion Representative at
Hearings.
Types of Board Orders.
Advisement of Release Decision.
Warden's Authority to Delay
Release.
Reconsideration of Board Orders.
Rescission of Release
Proceedings 286
General.
Reportable Information.
Narcotic Addict Evaluation
Authority Prerescission Hearing.
Individual Rights.
Procedures After Dismissal or Not
Guilty.
§ 5 1 55. Procedures After a Finding of Guilt.
§5156. Rescission Hearing.
Article 4. Outpatient/Civil Addict
Parolee Decisions 287
§ 5170. General.
§5171. Types of Decisions.
§ 5005.
§ 5006.
§ 5007.
§ 5008.
§ 5009.
§ 5010.
Article 3.
§ 5050.
§5051.
Article 4.
§ 5060.
Chapter 2.
Article 1.
§ 5100.
§5101.
§5102.
§5103.
§5104.
§ 5105.
Article 2.
§5125.
§5126.
§ 5127.
§ 5128.
§ 5129.
§5130.
§5131.
§5132.
§ 5133.
Article 3.
§ 5150.
§5151.
§ 5152.
§ 5153.
§5154.
Article 5.
§ 5200.
§5201.
§ 5202.
§ 5203.
§ 5204.
§ 5205.
§ 5206.
§ 5207.
§ 5208.
§ 5209.
§ 5210.
§5211.
§ 5212.
Article 6.
§ 5230.
§5231.
§ 5232.
§5172. Action Defen-ed.
§ 5173. Oral Orders.
§ 5174. Reconsideration of Board Orders.
§ 5175. Advising of Reasons for Return.
§5180. General.
§ 5181. Types of Decisions.
§5182. Action Deferred.
§5183. Oral Orders.
§ 5184. Reconsiderafion of Board Orders.
§ 5185. Advising of Reasons for Return.
Return Decisions 289
General.
Reportable Information.
Types of Hearings.
Administrative Nature of Hearings.
Outpatient Rights.
Confidential Information.
Witnesses.
Attorney Representation.
Preretum Hearing.
Summary Prereturn Hearing.
Return Hearing.
Board Determination.
Waiver.
Chapter 3.
Article 1.
§ 5300.
§5301.
§ 5302.
§ 5303.
§ 5304.
§ 5305.
§5310.
§5311.
§5312.
§5313.
§5314.
§ 5315.
Article 2.
§ 5320.
§5321.
§ 5322.
§ 5323.
§ 5324.
§ 5325.
Subpoenas 291
General.
Request for Subpoena.
Service.
Outpatient Supervision 292
Conditions of Release/
Parole 292
General.
Supervision.
Conditions of Release and/or Civil
Addict Parole. (For a distinction
between releasee and civil addict
parolee, see Section 5000(B), Rules
of Construction and Definifion).
Special Conditions of Release/Civil
Addict Parole.
Knives.
Notification of Conditions of
Release/Civil Addict Parole.
General.
Supervision.
Conditions of Parole.
Special Conditions of Parole.
Notification of Conditions of
Parole.
Length of Parole.
Participation in Methadone
Maintenance 294
General.
Criteria.
Parole and Community Services
Division Discretion.
Purpose of Approval.
Cooperation Between Parole and
Community Services Division and
Methadone Programs.
Operation of a Motor Vehicle.
Page i
(X- 11 2fK)f)i
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Page
Page
Article 3.
Want Notices and Holds
. ... 294
§ 5372.
Releasee or Parolee Outside
§ 5330.
General.
California Without Permission.
§5331.
§ 5332.
Want Notice.
Hold.
Chapter 4.
Appeals
... 297
§ 5333.
Decision to Place a Hold.
Article 1.
General
... 297
§ 5334.
Criteria for Placing a Hold.
§ 5400.
General.
§ 5335.
Factors to Be Considered.
§5401.
Grounds.
§ 5336.
Review of a Hold.
§ 5402.
Multiple Grounds.
§ 5337.
Notification to Outpatient.
§ 5403.
Filing an Appeal.
§ 5338.
Notification to NAEA.
§ 5404.
§ 5405.
Effect of Appeal.
Decisions.
Article 4.
Violations and Reports
. . . . 295
§ 5406.
Time Limits.
§ 5350.
General.
Chapters.
Discharge of Civil Addict
§5351.
§ 5352.
Repoits.
Investigation.
Commitments
... 297
§ 5353.
Violation Repoil.
Article 1.
General
... 297
§ 5354.
§ 5355.
Supplemental Violation Report.
Recomnien dations .
§ 5500.
Early Discharge of Individuals in
§ 5356.
Time Limits.
§5.501.
Releasee Status.
Early Discharge of Individuals on
Parole.
Expiration of Commitment.
Article 5.
Out of State Supervision
. ... 296
§ 5502.
§ 5370.
General.
§ 5503.
Exclusion from the Civil Addict
§5371.
Requirements.
Program.
Page ii
(8-11-2000)
Title 15
Narcotic Addict Evaluation Authority
§ 5()(H)
Division 5.
Narcotic Addict Evaluation
Authority
Cliapterl. General
Article 1.
Rules of Construction and
Definitions
§ 5000. Rules of Construction and Definitions.
(a) Rules of Construction. The following mles of constniction 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 Hsted does not indicate their relative
weight or importance.
(3) "Resident," "inpatient," "releasee," "outpatient," "parolee," or
"parole violator" applies to any person who has been committed to the
Civil Addict Program.
(4) "Shall" is mandatory, "should" is advisory, and "may" is permis-
sive.
(5) The past, present, or future tense includes the others.
(6) The masculine gender includes the feminine gender; the singular
includes the plural.
(7) Unless otherwise specified, references to a section, article or chap-
ter refer to NAEA rules contained in this division.
(8) The time limits specified in these rules do not create a right to have
the specified action taken within the time limits. The time limits are direc-
tory, and the failure to meet them does not preclude taking the specified
action beyond the time limits.
(b) Definitions. The rules and regulations contained in this division are
used by the Narcotic Addict Evaluation Authority and California Depart-
ment of Corrections. The following is a definition of words commonly
used by these agencies.
Addenda. Files containing information regarding an individual case
presented to the NAEA.
Adverse Witness. A person who has given information against a resi-
dent or releasee at a hearing described in this division.
Agent. Agent of Record.
Annual Review. A hearing conducted by the Board to determine the
advisability of releasing to outpatient status an inpatient who has not been
certified for release consideration by the Director of Corrections or his
designee within the preceding 12 months. (See Section 3 15 1 of the Wel-
fare and Institutions Code.)
Authority. See Narcotic Addict Evaluation Authority.
Board. See Narcotic Addict Evaluation Authority.
Board Action. An official decision of the Narcotic Addict Evaluation
Authority in an individual case.
Calendar. A list of those individuals whose cases are scheduled to be
heard by the Board.
CALPU. Civil Addict Legal Processing Unit.
CAP. Civil Addict Program.
C&PR. Classification and Parole Representative. The Department
employee at the California Rehabilitation Center or branch thereof who
has been assigned by the Director of Corrections to be the liaison with the
Board.
Central File. A master file maintained by the Department of Correc-
tions containing records regarding each person committed to its jurisdic-
tion.
Chairman. The administrafive head of the Board who is designated by
the Governor pursuant to Welfare and Institudons Code Secdon 3150.
Civil Addict Parole. A period of parole after the Civil Addict has
reached his Program Expiration Date. It may occur as follows:
• A release to parole independent of Board acdon when the civil addict
reaches his Program Expiration Date.
• Release by the Board of a person who was on civil addict parole and
returned to custody as an inpatient.
• An outpatient who reaches his Program Expiration Date while under
supervision of P&CSD.
Civil Addict Parolee. A civil addict who is on parole status after having
reached his Program Expiradon Date per 3201(c) of the Welfare and
Insdtudons Code and under the jurisdiction of the NAEA pursuant to
Section 3201(c) of the Welfare and Insdtudons Code. Note: A civil ad-
dict can be both a parolee and releasee while in outpatient status if he has
two commitments. To be designated as both, he must have two or more
commitment cases and have reached his Program Expiration Date (PED)
on at least one of the cases and not reached his PED on one of the other
case(s).
Condidons of Release and/or Civil Addict Parole. The condidons un-
der which a resident is released from the California Rehabilitadon Center
or branch thereof to outpatient supervision. The Condidons of Release
are the condidons under which an inpatient is released to outpatient status
by the Board before the Program Expiration Date. The Conditions of Pa-
role are the conditions under which an inpatient is released to parole upon
reaching the Program Expiradon Date. The Conditions of Parole may
also occur as follows: (1) When a civil addict parolee returns to custody
as the result of a parole violation and is released by the Board following
a period of dme as an inpadent, or (2) when a person who is in outpatient
status reaches his Program Expiradon Date. This is called "rolling over
to Civil Addict Parole."
Counselor. A caseworker of the Department of Correcdons who is as-
signed to supervise and provide counseling for civil addicts who are con-
fined at the California Rehabilitation Center or branch thereof.
CRC. California Rehabilitadon Center. (See Welfare and Insdtutions
Code Section 3001.)
Cum Sum. Cumuladve Case Summary: The permanent and cumula-
dve summary of specific pordons of the record maintained by the depart-
ment regarding each civil commitment from reception to discharge.
Department. The Department of Correcdons.
Director. Director of Corrections.
Director of Correcdons. The administradve head of the Department of
Correcdons appointed by the Governor. (See Penal Code Secdons 5050
and 5051.)
District Administrator. An administrator in the Parole and Community
Services Division (P&CSD) with supervisory and managerial responsi-
bilides.
DOP. A difference of opinion.
Field File. A working file maintained by a parole unit office containing
informadon about an outpadent and his current outpadent status.
Friendly Witness. Any witness who is not an adverse witness.
Good Cause. A finding by a neutral hearing officer based upon a pre-
ponderance of the evidence that there is a factual basis and good reason
for the decision made.
Hearing Officer. Any neutral person who is authorized to conduct a
hearing.
Hold. A request that a releasee and/or parolee be held in custody until
further nodce. (See Secdon 5332.) A person under a hold is not eligible
for release on bail.
Inpatient. A civil addict who is in the custody of the California Rehabi-
litation Center or branches thereof.
Insdtudonal Appearance Evaluadon Sheet. The form used to provide
in wridng a summary of the content and decisions made during release
hearings, rescission hearings and annual reviews. Also known as the
CDC Form 279.
Member. A member of the Narcotic Addict Evaluadon Authority ap-
pointed by the Governor pursuant to Welfare and Institutions Code Sec-
tion 3150.
Page 281
Register 2000, No. 26; 6-30-2000
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NAEA. See Narcotic Addict Evaluation Autiiority.
Narcotic Addict Evaluation Authority. The authority of the Civil Ad-
dict Program as established by Section 3 1 50 of the Welfare and Institu-
tions Code.
Narcotic Authority. See Narcotic Addict Evaluation Authority.
OPS. Outpatient Status.
Oral Order of Release. A verbal order obtained from a single member
of the Narcotic Addict Evaluation Authority which authorizes the release
of an outpatient who has been taken into custody, or the release of an in-
patient by the Board following a return hearing decision to vacate the re-
turn.
Oral Order of Return. A verbal order obtained from a single member
of the Narcotic Addict Evaluation Authority which results in suspension
of outpatient status and authorizes the Department of Corrections to re-
turn the person to the California Rehabilitation Center or branch thereof.
(See Welfare and Institutions Code Section 3151 and 3201(c).)
Oral Order of Suspension-Releasee/Parolee-at-Large. A verbal order
obtained from a single member of the NAEA which results in suspension
of outpatient status and authorizes a person who has absconded from su-
pervision to be retaken into custody.
Outpatient. A civil addict who is under the supervision of P&CSD and
jurisdiction of the NAEA. An outpatient may be either a releasee or civil
addict parolee or both. (See definition of releasee and civil addict parol-
ee.) A person can be both when he has two or more cases. On one or more
case(s) he has not reached his PED (releasee) and, on the other case(s).
he has reached his PED (civil addict parolee).
Outpatient Status. A descriptive term for a person under supervision
of the Parole and Community Services Division as opposed to inpatient
status.
Parole Agent. See Agent of Record.
Parolee. A person who is released from the California Rehabilitation
Center or branch thereof to P&CSD supervision in the community and
is under the jurisdiction of the NAEA pursuant to Section 3201(c) of the
Welfare and Institutions Code.
PAL. Parolee-at-Large. A civil addict parolee under the jurisdiction
of the NAEA who has absconded from parole supervision and who has
had his parole suspended by an official act of the Board.
P&CSD. Parole and Community Services Division, which is a divi-
sion within the Department of Corrections.
P&CSD Hearing. A hearing conducted by the Board to consider perti-
nent information relative to individuals on outpatient status.
Prerescission Hearing. A hearing conducted to determine whether
new information exists which warrants recommending the rescission of
a release/parole date.
Preretum Hearing. A hearing conducted for the purpose of determin-
ing whether there is probable cause to believe an outpatient (releasee or
civil addict parolee) has violated the conditions of release/civil addict pa-
role.
Probable Cause. A state of facts which would lead a person of ordinary
caution and prudence to believe and conscientiously entertain a strong
suspicion that the charges are true.
Program Expiration Date (PED): The release date calculation based on
the term of commitment.
RAL. Releasee-at-Large. A releasee who has absconded from outpa-
tient supervision.
Rap Sheet. The "state summary criminal history information" contain-
ing the arrest and dispositional information defined in Penal Code Sec-
tion 1 1 105 or FBI report containing arrest history.
Regional Parole Administrator. The administrator of a geographical
region in the Parole and Community Services Division.
Release Hearing. A board hearing conducted to consider the advisabil-
ity of releasing a person to outpatient status.
Releasee. A term used to describe a civil addict who has been released
by the Narcotic Addict Evaluation Authority to Parole and Community
Services Division supervision before reaching his Program Expiration
Date as opposed to a civil addict parolee who is on parole after reaching
his Program Expiration Date.
Relevant Evidence. Evidence which tends to prove or disprove an is-
sue or fact in dispute.
Rescission Hearing. A hearing conducted by the Board to determine
whether new information reported warrants the rescission of release of
a civil addict to outpatient status.
Return Hearing. A hearing conducted following an outpatient's return
to the California Rehabilitation Center or branch thereof to determine
whether there is good cause to believe that the individual has violated the
conditions of release and/or civil addict parole. In addition, the hearing
officer shall consider any mitigating circumstances and make a recom-
mendation to the NAEA regarding the disposition if good cause is found.
RUAP. Release upon approved plans.
Slough File. A file supplemental to the central file containing bulky or
seldom needed records.
Special Conditions of Release/Civil Addict Parole. A condition which
has been placed by the Board and is restricted to the individual.
Summary Prereturn Hearing. A hearing conducted to determine
whether a conviction of a crime occurred, whether the conviction consti-
tutes a violation of the conditions of release/civil addict parole and
whether the individual was the person convicted of the crime.
Supervising Agent. An employee or any of his supervisors in the De-
partment of Corrections who is assigned to supervise civil addicts re-
leased to the supervision of the Parole and Community Services Division
as an outpatient.
Subpoena. A means to secure the attendance of a witness at a return
or rescission hearing.
Subpoena Duces Tecum. A means to secure the delivery of documen-
tary evidence to a return or rescission hearing.
Unit Supervisor. A supervisor of case-carrying agents in the Parole
and Community Services Division.
Warden. Warden of the California Rehabilitation Center, a branch
thereof, or California Department of Corrections institution.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and Sec-
tions 3000 et seq., 5050, 5051 and 6050, Penal Code.
History
1. New Division 5 (Sections 5000-5502, not consecutive) filed 12-29-78 as an
emergency; designated effective 1-1-79 (Register 78, No. 52).
2. Certificate of Compliance filed 3-9-79 (Register 79, No. 10).
3. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
4. Editorial correction filed 1-5-83 (Register 83, No. 2).
5. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
6. Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Reg-
ister 2000, No. 26).
Article 2. Organization and Composition
§ 5005. Civil Addict Program.
The purpose of the Civil Addict Program is to provide treatment and
control of persons addicted to narcotics or who by reason of repeated use
of narcotics are in imminent danger of becoming addicted.
(a) Narcotic Addict Evaluation Authority. When a new commitment
or outpatient, who has been returned to the California Rehabilitation
Center or branch thereof, shows significant progress as a result of inpa-
tient treatment and demonstrates the potential to abstain from narcotic
drug use, the Director of Corrections or his designee certifies this fact to
the Narcotic Addict Evaluation Authority. Upon any such certification,
or in the anniversary month of an individual who has not been certified
within the preceding twelve months (Annual Review), the Narcotic Ad-
dict Evaluation Authority conducts a hearing to consider the advisability
of releasing the person to outpatient status subject to all the rules and reg-
ulations adopted by the Narcotic Addict Evaluation Authority, and sub-
ject to all conditions imposed by the Narcotic Addict Evaluation Author-
Page 282
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§ 5050
•
ity. In addition, the Narcotic Addict Evaluation Authority considers the
cases of outpatients who violate their conditions of release/parole and de-
termines whether or not an individual should be returned to the California
Rehabilitation Center or branch thereof. (See Welfare and Institutions
Code Sections 3 1 50, 3151 and 320 1 (c).) Pursuant to Welfare and Institu-
tions Code Section 3200 the Narcotic Addict Evaluation Authority also
considers the cases of individuals who have successfully completed their
outpatient program and either discharges the person or recommends dis-
charge to the court of commitment depending on the section of the Wel-
fare and Institutions Code the person was committed under. Pursuant to
Penal Code Section 3001 the Board also reviews the case of any individu-
al who has been on continuous civil addict parole for one year or sixteen
months including continuous outpatient supervision, whichever occurs
first, for the purpose of determining whether the person should be dis-
charged. In the event the individual serves a combination of release and
civil addict parole status, the Discharge Review Date (DRD) will be con-
sistent with the DRD calculation per W&I Code 3200 (i.e.. if commit-
ment is 24 months or less, the individual will be considered for discharge
after one year of cumulative outpatient and parole status without inter-
ruption. If commitment is more than 24 months, the individual will be
considered for discharge after 1 6 months of cumulative release and civil
addict parole status without interruption.) In the event the person is dis-
charged from civil addict parole, the person shall be referred by the Di-
rector of Corrections to the committing court for further proceedings on
the original criminal conviction.
(b) Director of Corrections. The Director of Corrections is the chief ad-
ministrative officer of the Department of Corrections and is responsible
for administering the Civil Addict Program. (See Welfare and Institu-
tions Code Sections 3000-3009 regarding the administration and pur-
pose of the Civil Addict Program.)
(c) Inpatient Program. The narcotic detention, treatment and rehabili-
tation facility's principal purpose is the receiving, control, confinement,
employment, education, treatment and rehabilitation of persons com-
mitted to the Civil Addict Program. This facility is known as the Califor-
nia Rehabilitation Center. In addition, the Welfare and Institutions Code
provides for the establishment of branches at the discretion of the Direc-
tor of Corrections.
(d) Outpatient/Supervision. The Parole and Community Services Di-
vision of the Department of Corrections is responsible for supervising all
outpatients under the jurisdiction of the Narcotic Addict Evaluation Au-
thority and performing such other duties as may be specified by the Board
and agreed to by the Director or his designee.
NOTE; Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3000-3009, 3150, 3151, 3152, 3200 and 3201(c), Welfare and Institu-
tions Code; and Sections 3000, 3001, 5050, 5051 and 1 1 105, Penal Code.
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsections (a) and (d) filed 6-29-2000; operafive 7-29-2000
(Register 2000, No. 26).
§ 5006. Cooperative Relationship.
There is a cooperative relationship between the Director and the
Board. Each may advise and make recommendations to the other on spe-
cific policies and procedures relating to the duties of the other.
(a) Records. The Director shall keep complete case records of all indi-
viduals committed to the Civil Addict Program. These records shall be
made available to the Board at such time and in such form as the Board
may prescribe.
(b) Facilities and Services. The Narcotic Addict Evaluation Authority
shall maintain its headquarters at the California Rehabilitation Center
and shall be provided with necessary office space, equipment and ser-
vices from funds appropriated to the California Rehabilitation Center or
the Department of Corrections.
(c) Agreement by Chairman. The Chairman, with the consent and on
behalf of the Board, is authorized to make any agreements with the Direc-
tor and/or his designated staff as may be advisable to carry out the func-
tions of the Board.
NOTE: Authority cited: Sections 3000, 3001 , 3 150 and 3150(c), Welfare and Insti-
tutions Code. Reference: Section 1300 et seq.. Government Code; and Section
3303, Welfare and Institutions Code.
History
1 . Amendment of section and new Note filed 6-29-2000; operative 7-29^2000
(Register 2000, No. 26).
§ 5007. Composition of the Narcotic Addict Evaluation
Authority.
The Narcotic Addict Evaluation Authority consists of seven members,
including the Chairman, who are appointed by the Governor.
NOTE; Authority cited: Section 3150, Welfare and Institutions Code. Reference:
Section 3150(a), Welfare and Institutions Code.
History
1. New section filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
For prior history, see Register 83, No. 2.
§ 5008. Chairman.
The Chairman shall be the administrative head of the Narcotic Addict
Evaluation Authority and shall exercise all duties and functions neces-
sary to ensure that the responsibilities of the Board are successfully dis-
charged. In addition to these administrative duties, the Chairman is a ful-
ly voting member of the Board.
NOTE: Authority cited: Section 3150(a), Welfare and Institutions Code. Refer-
ence: Section 1300 et seq.. Government Code.
History
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§ 5009. Administrative Officer/Hearing Representative.
The administrative Officer/Hearing Representative of the Narcotic
Addict Evaluation Authority is appointed by the board to carry out the
following duties:
(a) Management. Manage the day-to-day operation of the board.
(b) Appeals Examiner. Investigate appeals, adjudicate appeals in ac-
cordance with policies established by the Board, and/or submit appropri-
ate recommendations to the Board.
(c) Hearing Representative. Conduct hearings and propose actions on
cases heard subject to final decision by the Board in accordance with po-
licies established by the Board.
(d) Public Meetings and Hearings. Assure all legally required notices
of public meetings and hearings are properly announced.
(e) General. Perform such other duties as are required.
Note: Authority cited: Section 3150(e), Welfare and Institutions Code. Refer-
ence: Sections 3151 and 3304, Welfare and Institutions Code.
History
1. Amendment of first paragraph and subsections (b) and (c) and new Nori-. filed
6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5010. Delegation of Functions.
The Board with the concurrence of the Director may delegate to the
Director appropriate functions not restricted by law only to members of
the Narcotic Addict Evaluation Authority.
NOTE: Authority cited: Sections 3000, 3001, 3150(d), Welfare and Institutions
Code. Reference: Section 3150, Welfare and Institutions Code.
History
1 . Amendment of section heading and section and new Not?-; filed 6-29-2000; op-
erative 7-29-2000 (Register 2000, No. 26).
Article 3. Policy Making Procedures
§ 5050. Closed Meetings.
Individual case consideration hearings shall be closed to the general
public except in accordance with the Information Practices Act of 1 977
and as authorized by the chairperson or the chairperson's designee.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 1798 et seq.. Civil Code; and Section 1 1 120, Government Code.
Page 283
Register 2000, No. 26; 6-30-2000
§5051
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1 . Repealer and new section filed 12-7-82 as an emergency; effective upon fding
(Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 4—6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§ 5051. Administrative Directive.
(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 Administrative Officer.
(b) Internal Communications. The Administrative Directive may be
used for the following internal communications:
(1) Information concerning personnel changes, court decisions and
other information which does not change policy.
(2) Changes in forms and instructions regarding the use and distribu-
tion of forms.
(3) Changes in procedures which are internal, or are not of statewide
application, or are of limited duration.
(c) Emergency Rules. The Administrative Directive may be used to
implement emergency rules which are adopted under the emergency pro-
visions of the Administrative Procedure Act.
NOTE: Authority cited: Sections 3150(d) and 3 156, Welfare and Institutions Code.
Reference: Sections 1 1340 and 11349.6, Government Code.
History
1. Amendment of subsections (a) and (c) and new Note filed 6-29-2000; opera-
tive 7-29-2000 (Register 2000, No. 26).
Article 4. Public Participation
§ 5060. Individual Cases.
Public comments are encouraged. Written statements or correspon-
dence received shall be taken into consideration by the Board in individu-
al cases.
NOTE: Authority cited: Secfion 3156, Welfare and Insfitutions Code. Reference:
Section 3151 and 3152, Welfare and Institutions Code.
History
1 . Repealer and new secfion filed 12-7-82 as an emergency; effective upon filing
(Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 4—6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 3).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of Note filed 6-29-2000; operative 7-29-2000 (Register 2000,
No. 26).
Chapter 2. Hearings
Article 1 . General
§ 51 00. Types of Decisions.
The Chairperson shall assign individual members to make the follow-
ing types of case decisions:
(a) Release Decisions. Individual case decisions regarding release,
postponement or rescission of release shall be made by the Board at hear-
ings which are ordinarily held at the California Rehabilitation Center or
branch thereof.
(b) P&CSD Decisions. Individual case decisions involving the review
of an outpatient's behavior shall be made by the Board on the basis of a
report from P&CSD staff as well as any other relevant information which
may be submitted.
(c) Return Decisions. Individual case decisions regarding the return of
an outpatient to the California Rehabilitation Center or branch thereof
shall be made by the Board on the basis of a report from the staff of the
Civil Addict Legal Processing Unit as well as any other relevant informa-
tion submitted unless a return hearing has been waived by the individual.
NotE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secfion 3 1 50(d), 3 1 5 1 and 3 1 52, Welfare and Institutions Code; and hi Re Bve. 1 2
Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5101. Hearing Officer.
The Chairperson may assign a hearing officer to hear cases and make
recommendations to the Narcotic Addict Evaluation Authority. Such
recommendations shall be made in accordance with policies established
by a majority of the total membership of the Narcotic Addict Evaluation
Authority.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 1 1 152. Government Code; and In Re Bve, 12 Cal.3d 96 (1974), certiorari
denied, 420 U.S. 996(1975).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5102. Official Decisions.
An official decision regarding an individual case requires the approval
of at least two board members. Whenever a tie vote occurs, the Chairman
shall cast the tie-breaking vote. If a tie vote occurs on a panel of two con-
sisting of the Chairman and another board member, the Vice-Chairman
or the senior member shall be called upon to break the tie. If a tie vote
occurs and the Chairman is absent, the Vice-Chairman or the senior
member shall break the tie.
NOTE: Authority cited; Secfion 3150(d), Welfare and Institufions Code. Refer-
ence: Secfion 5000, Penal Code.
History
1. Amendment of secfion and new Note filed 6-29-2000; operafive 7-29-2000
(Register 2000, No. 26).
§5103. Finality of Decisions.
Actions taken by the Board are considered final. However, this does
not preclude the individual from fifing an appeal in accordance with
Chapter 4 of these rules. In addition, the Board may reconsider a case in
the event the Warden or Regional Parole Administrator finds new infor-
mation which warrants resubmission of the case.
NOTE: Authority cited: Secfions 3150(d), 3151 and 3152, Welfare and Insfitutions
Code. Reference: Secfion 3305.
History
1. Amendment of secfion and new Note filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§ 5104. Official Records.
The official record of a case decision is the document on which the de-
cision is recorded. These records shall be maintained according to proce-
dures established by the department.
NOTE: Authority cited: Secfion 2081.5, Penal Code. Reference: Section 2081.5,
Penal Code.
History
I. New Note filed 6-29-2000; operafive 7-29-2000 (Register 2000, No. 26).
§ 51 05. Visitors and Observers.
Visitors and observers shall not be allowed to attend NAEA hearings
except in accordance with the Information Practices Act of 1977 and as
authorized by the Chairman or the Chairman's designee.
NOTE: Authority cited: Secfion 2081.5, Penal Code. Reference: Secfion 2081.5,
Penal Code.
History
L Amendment of secfion and new Note filed 6-29-2000; operafive 7-29-2000
(Register 2000, No. 26).
Page 284
Register 20(X), No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§5131
Article 2. Release Decisions
§5125. Cases Considered.
The Board shall consider for release to outpatient status those individ-
uals who meet the following criteria:
(a) Certified. Any individual (whether a new commitment to the Civil
Addict Program, or an outpatient (releasee or civil addict parolee) re-
turned as a result of violating his conditions of release/parole) who has
been certified by the Director or the Director's designee as having recov-
ered from his addiction or imminent danger of addiction to such an extent
that in the opinion of the Director or the Director's designee release in
outpatient status is warranted. (See Welfare and Institutions Code Sec-
tions 3151 and 3201(c).)
(b) Annual Review. Any new commitment, or outpatient who has been
returned to the California Rehabilitation Center or branch thereof and
who has not been certified to the Board for release consideration within
the preceding 12 months. (See Sections 3151 and 3201(c) of the Welfare
and Institutions Code.)
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5126. Factors to Be Considered.
Each case shall be judged on its individual merit, without prejudice.
In deciding whether to release an individual to outpatient status the Board
shall consider all relevant factors.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secdons 3150, 3151 and 3201(c), Welfare and Institutions Code; and In Re Bye,
12 Cal. 3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correcfion filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5127. Personal Appearance by Individual.
The individual shall be present at any Board deliberation regarding re-
lease with the following exceptions:
(a) The individual represents a security risk;
(b) The individual is unable to appear because of a medical or psy-
chiatric condition or any other compelling reason;
(c) The individual's case is being presented as an annual review and
the case is in referral status; that is, the individual's release plans are be-
ing investigated by the P&CSD prior to certification to the Board for re-
lease consideration. Once the case has been investigated, the person shall
be referred to the NAEA for release consideration regardless of whether
the case has been certified.
NotE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secdons 3150, 3151 and 3201(c), Welfare and Insdtutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effecdve upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsection (c) filed 6-29-2000; operadve 7-29-2000 (Register
2000, No. 26).
§ 5128. Attendance of Counselor at Hearings.
The counselor with the approval of the Board may attend release hear-
ings concerning individuals on his caseload for the purpose of providing
new information which may have developed since the completion of the
referral to outpatient status or parole, clarifying any information in the
file or assisting in answering questions which may arise concerning the
individual or institutional policy.
NOTIi: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secdons 3150, 3151 and 3201(c), Welfare and Insdtutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register S3,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5129. Role of Institution Representative at Hearings.
The institution shall provide a staff representative who shall be respon-
sible for completing the Institutional Appearance Evaluation Sheet and
insuring that proper board room decorum is maintained. This person shall
also act as the liaison between the Board and the institution relative to the
hearings.
NOTE: Authority cited: Secdon 3150(d), Welfare and Insdtudons Code. Refer-
ence: Section 3304, Welfare and Institutions Code.
History
1 . Amendment of section heading and secdon and new Note filed 6-29-2000; op-
erative 7-29-2000 (Register 2000, No. 26).
§5130. Types of Board Orders.
The following are the most commonly used actions which may be tak-
en by the Board regarding release to outpatient status:
(a) Release Granted Upon Approved Plans. This action authorizes the
individual' s release to outpatient status which will normally occur within
seven days of the Board's action.
(b) Release Postponed. This action indicates the Board's judgment
that the individual is not yet ready for release to outpatient status. The
case shall be reconsidered upon recertification or Annual Review. (See
Section 5125.)
(c) Off Calendar. This action delays the decision pending the receipt
of specific information requested by the Board.
(d) Release Granted Effective (date). This action is taken when the
Board has reason to specify a future date of release.
(e) Release Granted on or Before (date). This action specifies a time
limit for release but allows for earlier release if conditions stipulated by
the Board are met. These conditions shall be documented on the Institu-
tional Appearance Evaluation Sheet.
(f) Release Granted Upon Approved Plans Subject to Hold. This ac-
tion is taken when the Board approves the individual's release to outpa-
tient status but a hold or detainer has been placed by another agency. If
the detainer has not been removed or the other agency does not assume
custody of the individual within 30 days of the Board's release action, the
individual shall be rescheduled for a personal appearance before the
Board for further determination.
(g) Defer Until Personal Appearance. This action is taken when an in-
dividual' s case is being presented as an annual review in absentia and the
case has been referred to the Parole and Community Services Division
for investigation of the release plans.
NOTE: Authority cited: Secdon 3156, Welfare and Institutions Code. Reference:
Secdons 3150, 3151 and 3201(c), Welfare and Insdtudons Code.
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83.
No. 2). A Certificate of Compliance must be transmitted to OAL within 1 days
or emergency language will be repealed on 4-6-83.
2. Editorial correcdon filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 51 31 . Advisement of Release Decision.
At the time of any hearing regarding release, the Board shall advise the
individual of its decision and the reasons for the decision. If the Board
postpones release, the decision and the reasons for the decision shall be
documented on the Institutional Appearance Evaluation Sheet, and a
copy shall be given to the individual as soon as possible after the hearing.
Page 285
Register 2000, No. 26; 6-30-2000
§5132
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3 1 50, 3151 and 3201 (c), Welfai-e and Institutions Code: and In Re Stunn,
11 Cal. 3d 258 (1974).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial con-ecfion filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§ 5132. Warden's Authority to Delay Release.
If an individual whom the Board has approved for release to outpatient
status subsequently becomes involved in a disciplinary infraction as out-
lined in Section 5151, the Warden, with the approval of a Board member,
may detain the person for up to 45 days (absent a referral to the District
Attorney which may take longer) after the authorized release date for the
purpose of completing the CDC disciplinary process.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secfions 3151 and 3201(c), Welfare and Insdtutions Code.
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 1 20
days or emergency language will be repealed on 4-6-83.
2. Editorial coirection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section headins and secfion filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5133. Reconsideration of Board Orders.
Occasionally, circumstances develop which warrant reconsideration
of a case by the members of the Narcotic Addict Evaluation Authority
following a release or other action being taken. If, in the opinion of the
Warden, the facts are such that the Narcotic Addict Evaluation Authority
should reevaluate the case, the individual shall be scheduled for a person-
al appearance before the Board for further consideration. If a personal ap-
pearance is precluded under Section 5127(b), the Board shall consider
the new information without the presence of the individual. However, in
any reconsideration which may result in a rescission of a release date and
has the effect of a postponement as a result of conduct enumerated under
Section 5151, the provisions listed in Sections 5152 through 5156 shall
apply.
NotE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Insfitutions Code; and In Re Pre-
M'/«, 8 Cal. 3d 470 (1972).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correcfion filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 3. Rescission of Release
Proceedings
§5150. General.
The release of an individual may be rescinded for good cause at a re-
scission hearing. Rescission proceedings refer to any proceedings which
may result in the delay or rescission of a release date.
Note: Authority cited: Section 3156, Welfare and Insfitufions Code. Reference:
Sections 3150, 3151 and 3201(c), Welfare and Institutions Code; and In Re Pre-
witt, S Cal. 3d 470 (1972).
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial con-ection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§ 51 51 . Reportable Information.
If, after an individual is granted release by the Board, the Warden be-
comes aware of conduct in the institution or of new information before
the individual is released to outpatient status which may warrant rescis-
sion of release, the Narcotic Addict Evaluation Authority will be notified
and preparations for release are suspended pending investigation or dis-
ciplinary process.
The following shall be reported to the Board:
(a) Disciplinary Conduct. Any disciplinary behavior will be reported
to the Board.
(b) Any new information which indicates that release should not oc-
cur, including refusal to sign the conditions of release or parole shall be
reported to the Board.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and /// Re
P/TM'/f/, 8Cal. 3d470(1972).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial cortection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5152. Narcotic Addict Evaluation Authority Prerescission
Hearing.
A civil addict whose release to the Parole and Community Services Di-
vision has been granted by the Board, and who receives a Rules Violation
Report (CDC 115) or new information affecting his approved release
plans, will be reported to the Narcotic Addict Evaluation Authority by the
C&PR. He will be served with a Notice of Rights form by a designated
representative of the Department of Corrections.
If the civil addict waives his rights to a Prerescission Hearing on the
Notice of Rights form, he will await the outcome of the Department of
Corrections disciplinary process or investigation of the new information.
If the civil addict exercises his rights to a Prerescission Hearing, the mat-
ter will be referred to the Civil Addict Legal Processing Unit whose staff
will be responsible for scheduling a Prerescission Hearing. Whether the
civil addict requests a Prerescission Hearing or waives his right to a hear-
ing, the Rules Violation Report (CDC 1 15) will be processed in accor-
dance with Department of Corrections regulations. Every effort will be
made to expedite processing the Rules Violation Report or new informa-
tion.
The processing after dismissal, not guilty, and guilty findings are de-
lineated in Sections 5154 and 5155 in this regulation.
(a) Upon notice that the civil addict requested a Prerescission Hearing,
the Civil Addict Legal Processing Unit will set the date and time of the
hearing, and determine whether an attorney or witness(es) will be re-
quired. This hearing will normally be held within ten working days.
(b) Purpose. The Hearing Officer shall determine whether there is
good cause to support the charge and shall prepare a recommendation for
disposition.
NOTE: Authority cited: Section 3156. Welfare and Institufions Code. Reference:
Sections 3 1 50, 3 1 5 1 , 3 1 52 and 3201 (c). Welfare and Institutions Code; and In Re
Prewitt, 8 Cal. 3d 470 (1972).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of secdon heading and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5153. Individual Rights.
The individual shall have the following rights at a Prerescission Hear-
ing:
(a) Notification of the Charges and Supporting Evidence. Prior to the
hearing the individual shall receive a copy of the charges and any sup-
porting evidence unless designated confidential.
Page 286
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§5171
(b) Notice of the Hearing. Tiie individual sliall be given sufficient no-
tice of tlie time and place of the hearing.
(c) Attorney. The individual shall have the right to request the assis-
tance of an attorney. (See Section 5207(b).)
(d) Witnesses. The individual shall have the right to request the pres-
ence of friendly and/or adverse witnesses at a Prerescission Hearing.
Witnesses shall be screened under the procedures of Section 5206(b). If
denied, the specific reasons for denial shall be documented and a copy
of the document given to the individual. During the hearing the individu-
al has the right, under the direction of the Hearing Officer, to question all
v^'itnesses.
(e) Neutral Hearing Officer. The individual has the right to a hearing
before a neutral hearing officer.
(0 Findings and Disposition. At the conclusion of the hearing, before
the person is excused, the individual shall be advised of the findings and
the disposition of the charge. In addition, the individual shall be provided
with a written statement of the findings and recommended disposition
and the evidence relied upon to support the conclusions reached as soon
as possible after the hearing.
NOTH; Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3 150. 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re
P;th7?/, 8Cal. 3d470(I972).
History
1 . Amendment filed 1 2-7-82 as an emergency: effective upon filing (Register 83.
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of first paragraph and subsection (d) filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5154. Procedures After Dismissal or Not Guilty.
If the charges against the individual are dismissed or if the individual
is found not guilty of the charges, the individual shall be released in ac-
cordance with the action taken by the Board at the release hearing. If the
prerescission hearing results in the individual being overdue for release,
the individual shall be released without undue delay but no later than the
following working day. The C&PR will notify the Board of the decision.
NOTE: Authority cited: Secfion 3156. Welfare and Institutions Code. Reference:
Sections 3150, 3151. 3152 and 3201(c). Welfare and Institutions Code; and In Re
PreH'///, 8Cal. 3d470(1972).
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83.
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial con-ection filed 1-5-83 (Register 83. No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5155. Procedures After a Finding of Guilt.
In the event a finding of guilt is made, the individual shall be scheduled
for a rescission hearing before the Board for further consideration and
disposition regarding release on the next available calendar.
NOTE: Authority cited: Section 3156, Welfare and Insdtutions Code. Reference:
Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re
Prewitt, 8 Cal. 3d 470 (1972).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§ 5156. Rescission Hearing.
(a) Scheduling. Upon a finding of good cause at a prerescission hear-
ing, the individual shall be scheduled for a personal appearance at a re-
scission hearing conducted by the Board. If a personal appearance is pre-
cluded under Section 5127 (b), the Board shall consider the case without
the presence of the individual.
(b) Purpose. The Board shall review the findings and recommendation
of the prerescission hearing officer and make a final decision regarding
disposition.
(c) Board Determination. The Board may rescind, amend, grant or
postpone release.
NOTE: Authority cited: Section 3156. Welfare and Institutions Code. Reference:
Sections 3150. 3151. 3152 and 3201(c). Welfare and In.stitutions Code; and In Re
Prewitt, 8 CaJ. 3d 470 (1972).
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83.
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Article 4.
Outpatient/Civil Addict Parolee
Decisions
§5170. General.
Each person committed to the Civil Addict Program and released to
outpatient status shall be supervised by the Parole and Community Ser-
vices Division. The Parole and Community Services Division shall sub-
mit a written report to the Board regarding any violation of the conditions
of release/civil addict parole (except for minor traffic offenses which do
not result in arrest), or any situation requiring an action listed in Section
5171 below. The Board shall review these reports and render an official
decision after considering all of the relevant factors.
NotE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3150, 3151 and 3152, Welfare and Institutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of article heading and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 51 71 . Types of Decisions.
The following is an explanation and list of the most common actions
taken by the NAEA:
(a) Continue on Outpatient Status. This action is taken when the Board
does not find sufficient reason to believe the outpatient has violated the
conditions of release/parole. In addition, the Board may take this action
if it finds the violation to be minor. This action does not affect the time
credited toward either the period of commitment or the amount of time
required for discharge consideration under Section 3200 of the Welfare
and Institutions Code or Section 3001(a) of the Penal Code.
(b) Suspend-Reinstate. This action is taken when a violation has oc-
curred and has the following effects:
(1) Interrupts the consecutiveness of outpatient status resulting in the
forfeiture of any time accrued toward early discharge consideration un-
der Section 3200 of the Welfare and Institutions Code and/or Section
3001(a) of the Penal Code, and
(2) Specifies an effective date of reinstatement which starts a new out-
patient period toward early discharge consideration under Section 3200
of the Welfare and Institutions Code and/or Section 3001 (a) of the Penal
Code.
(c) Suspend-Retum. This action is taken when a violation has oc-
curred and authorizes an outpatient's return to inpatient status pending
either good cause being found at a return hearing or the outpatient" s waiv-
er of the right to the hearing. This action is effective on the date of the
official Board action and nullifies all time accrued toward early dis-
charge consideration under Section 3200 of the Welfare and Institutions
Code and/or Section 3001(a) of the Penal Code.
(d) Suspend-Releasee-at-Large and/or Civil Addict Parolee-at-
Large. This action shall be taken when a releasee/parolee absconds from
supervision and shall reflect the date of the first missed test or the date
the agent determines the individual's whereabouts is unknown, whichev-
Page 287
Register 2(KX), No. 26; 6-30-2000
§5172
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
er occurs first. It nullifies all time accrued tow ard early discharge consid-
eration and stops the time being credited toward the expiration of com-
mitment.
(e) Remove Releasee-at-Large/Civil Addict Parolee-at-Large Sta-
tus. This action shall be taken when a releasee/parolee who has been de-
clared a releasee and/or a parolee-at-large is returned to supervision by
the Parole and Community Services Division, is arrested, taken into cus-
tody, or voluntarily surrenders to the California Rehabilitation Center or
a branch thereof. Time elapsed between the date of suspension and the
removal of at-large status shall be considered "dead time" and shall be
added to the period of commitment.
(f) Continue/Confirm/Vacate Oral Order. The Board shall taken an of-
ficial action on any oral order (see Definitions and Section 5173) which
has been granted by an individual Board member.
( 1 ) The Board shall continue the oral order for a subsequent final ac-
tion under the following circumstance:
(A) A written violation report has not been submitted for consideration
of the Board on the next available P&CSD Calendar;
(2) The Board shall confirm the oral order when upon review of the
violation report the Board concludes that return to inpatient status is war-
ranted pending good cause being found or the individual waives his hear-
ing. The date of the oral order is the effective date of the action.
(3) The Board shall vacate the oral order if upon review of the violation
report it decides return to the California Rehabilitation Center or branch
thereof is not warranted.
(g) Special Conditions of Release and/or Civil Addict Parole. The
Board may add, delete or modify any special condition of release/parole.
Additional or modified conditions of release become effective when the
releasee/parolee is notified of the action taken by the Board.
(h) Return Order Sustained. This action shall be taken following a sus-
pend-retum action, or the Board has taken an action confirming the oral
order of return pending good cause and after a return hearing has been
conducted in which good cause is found to believe the person violated the
conditions of release/parole and return is warranted.
(i) Vacate Return Order and Any Loss of Time Reinstated. This action
shall be taken following a return hearing in which good cause is not found
to believe the person violated the conditions of release and/or civil addict
parole.
(j) Vacate Return Order. Suspend-Reinstate in Outpatient Status. This
action shall be taken following a return hearing in which good cause is
found to believe the person has violated the conditions of release/parole,
but, in considering mitigating circumstances, return to the California Re-
habilitation Center or branch thereof does not appear to be warranted.
(k) Participation in Methadone Maintenance Program Approved.
With the approval of the Department of Corrections and the Narcotic Ad-
dict Evaluation Authority, a releasee/parolee may participate in a metha-
done maintenance project. Participation in a methadone maintenance
project shall not be construed to break the abstention from the use of nar-
cotics for the purpose of Section 3200 of the Welfare and Institutions
Code. (See Section 53 11 which sets forth the criteria established by the
Authority for participation in a methadone maintenance program.)
(/) Recommend Discharge per Welfare and Institutions Code Section
3200. This action shall be taken if the Authority concurs in the opinion
of the Director that the person while in outpatient status has abstained
from the use of narcotics and otherwise complied with the Conditions of
Release for the period of time prescribed under Welfare and Institutions
Code Section 3200.
(m) Discharge From Parole per Penal Code Section 3001(a). Refer to
Committing Court Per W & I Code Section 3201(c). This action shall be
taken if the Narcotic Addict Evaluation Authority concludes, after re-
viewing the reports submitted by the Parole and Community Services Di-
vision, that the person while on civil addict parole has abstained from the
use of narcotics and complied with the conditions of parole for twelve
months.
Discharge of cases that have abstained from the use of narcotics and
complied with the Conditions of Release and Parole cumulatively shall
be referred to the committing court after 12 months if the commitment
is 24 months or less and after 16 months if commitment is more than 24
months (Per Penal Code Section 3200b).
Noth: Conditions of release and civil addict parole are cumulative when the per-
son is released to outpatient status, rolls over to civil addict parole and remains un-
der supervision of P&CSD absent a suspend/reinstate action or return to custody
as an inpatient by the Board during the entire period.
(n) Rescind or Amend Previous Action Taken by the Board. Only the
Board may rescind or amend an action previously taken by the Board.
NOTE: Authority cited: Section 3156. Welfare and Institutions Code. Reference:
Sections 3151,31 52, 3 1 54. 3200 and 3201(c). Welfare and Institutions Code: Sec-
tions 3000(a) and 300 1(c), Penal Code; and //; Re B\e, 1 2 Cal. 3d 96 ( 1 974), certio-
rari denied, 420 U.S. 996 (1975).
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transinitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial con-ection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section and NoTi- filed 6-29-2000; operative 7-29-2000 (Reg-
ister 2000, No. 26).
§ 5172. Action Deferred.
Upon review of a report submitted by the Parole and Community Ser-
vices Division, the Board may defer action pending receipt of informa-
tion which it deems essential to its decision.
NOTE: Authority cited: Section 3152, Welfare and Institutions Code. Reference:
Section 3150, Welfare and Institutions Code; and Section 5000, Penal Code.
History
1. Amendment of section and new Note filed 6-29-2000; operadve 7-29-2000
(Register 2000, No. 26).
§5173. Oral Orders.
Section 3151 of the Welfare and Instihitions Code specifies that a
single member of the Narcotic Addict Evaluation Authority may by writ-
ten or oral order suspend the release of a civil addict who is on outpatient
status and cause him to be retaken until the next meeting of the Narcotic
Addict Evaluation Authority. In addition, pursuant to Board policy, a
member may grant oral orders of release and emergency at large status.
(a) Oral Order of Return. Once a Board member issues an oral order
of return, the releasee/parolee shall be returned to the California Rehabil-
itation Center or any branch thereof without undue delay.
(b) Oral Order of RAL/PAL. If circumstances warrant, an oral order
of releasee-at-large and/or civil addict parolee-at-large may be ob-
tained from a single member of the Board. This order shall be grounds
for apprehending the individual. Following apprehension, if immediate
action is necessary, a Board member may be contacted for an appropriate
order until the next meeting of the Narcotic Addict Evaluation Authority.
A Wanted Persons System Notification should be submitted with the re-
port to CRC Records to be reviewed by the Board on the Parole and Com-
munity Services Division Calendar.
(c) Oral Order of Release. In the event an outpatient is arrested by local
law enforcement and the Parole and Community Services Division deter-
mines the circumstances do not warrant confinement pending adjudica-
tion of the criminal charges or return to the California Rehabilitation
Center or branch thereof, or an individual who has been returned to the
California Rehabilitation Center is found not guilty of the charges at a re-
turn hearing, a Board member shall be contacted for an oral order of re-
lease. If the oral order is granted, the hold shall be removed to facilitate
the individual's release without delay. If the oral order is denied, the hold
shall be maintained pending review of the violation report on the next
available P&CSD Calendar.
An oral order of release by a single Board Member cannot supersede
a return order that was authorized by two Board Members on a Parole and
Community Services Division Calendar. A recommendation to rescind
a previous return order requires a supplemental report to the Board for
review on a subsequent P&CSD calendar.
NOTE: Authority cited: Section 3151, Welfare and Institutions Code. Reference:
Section 3150, Welfare and Institufions Code; and Sections 81 and 82, CAL Jun 3d
Incompetent, Addicted and Disordered Persons.
Page 288
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Title 15
Narcotic Addict Evaluation Authority
§ 5204
History
1. Amendment of" section and new NoTi-: filed 6-29-2000; operative 7-29-2000
(Register2000. No. 26).
§ 5174. Reconsideration of Board Orders.
The Regional Parole Administrator of the Parole and Community Ser-
vices Division or a designee may request a single member to stay a Board
order pending consideration of a report containing information which
was not available at the time the initial decision was made. P&CSD shall
in no case remove a hold on an outpatient ordered returned to inpatient
status unless the Regional Parole Administrator or a designee first ob-
tains the approval of a Board member.
NOTH: Authority cited: Section 3152. Welfare and Institutions Code. Reference:
Section 3 1 50, Welfare and Institutions Code; Section 3300 et seq., California Re-
habilitation Center; and Section 5500. Penal Code.
History
1 . Amendment of section and new Noxt-; filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26),
§ 5175. Advising of Reasons for Return.
If the Board orders an outpatient returned to inpatient status, the reason
for the action shall be included on the official board order, and a copy
shall be given to the person.
NOTIi: Authority cited: Section 3 152.5, Welfare and Institutions Code. Reference:
Similar provisions respecting parolee. Section 1767.6.
History
1. Amendment of section and new Note filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§5180. General.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section
3000, Penal Code.
History
1. Renumbering and amendment of Article 5 (Sections 5200-5212) to Article 6
(Sections 5200-5212) and new Article 5 (Sections 5180-5185) filed 12-7-82;
effective upon filing (Register 83, No. 2). A Certificate of Compliance must be
transmitted to OAL within 1 20 days or emergency language will be repealed on
4-6-83.
2. Editorial correction of Article 5 (Sections 5180-5185) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 5 (sections 5 1 80-5 1 85), and section filed 6-29-2000;
operative 7-29-2000 (Register 2000, No. 26).
§ 51 81 . Types of Decisions.
Note: Authority cited: Secdon 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152, 3154 and 3201(c), Welfare and Institutions Code; and Sec-
tions 3000(a) and 3001(a), Penal Code.
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5182. Action Deferred.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3152, Welfare and Institutions Code.
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5183. Oral Orders.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201, Welfare and Institutions Code.
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5184. Reconsideration of Board Orders.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
History
1 . Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5185. Advising of Reasons for Return.
NOTE; Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 5. Return Decisions
§ 5200. General.
The Board shall retain the authority to order an outpatient returned to
the California Rehabilitation Center or branch thereof. However, by
agreement with the Director of Corrections, the Board inay delegate to
the Director the responsibility as described in this article to conduct hear-
ings to determine whether or not there is good cause regarding any al-
leged violations and to present the findings of these hearings to the Board
for final disposition.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bve,
12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Renumbering and amendment of former Article 5 (Sections 5200-5212) to Ar-
ticle 6 (Sections 5200-5212) filed 12-7-82 as an emergency; effective upon fil-
ing (Register 83, No. 2). A Certificate of Compliance must be transmitted to
OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correcdon of Article 6 (Secdons 5200-5212) filed 1-5-83 (Reeister
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 5 (sections 5180-5185), renumbering of former ar-
ticle 6 to article 5, and amendment of section 5200 filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5201 . Reportable Information.
The Parole and Community Services Division shall submit to the
Board a report of any violation of the conditions of release/parole as spe-
cified in Section 5351 and in accordance with the time frames set forth
in procedures established by the Director of Corrections and agreed to by
the NAEA.
NOTE: Authority cited: Secdon 3156, Welfare and Institutions Code. Reference:
Sections 3 1 5 1 , 3 1 52 and 3201 (c). Welfare and Institutions Code; and Section 3000
et seq.. Penal Code.
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5202. Types of Hearings.
The types of hearings conducted for outpatients and parolees are as
follows:
(a) Return hearing.
(b) Preretum hearing.
(c) Summary preretum hearing.
NOTE: Authority cited: Secdon 3156, Welfare and Institutions Code. Reference:
Secdons 3151, 3152 and 3201(c), Welfare and Institudons Code; Secdon 3000 et
seq ., Penal Code; In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996
(1975); and In Re LaCroix, 12 Cal.3d 146 (1974).
§ 5203. Administrative Nature of Hearings.
The hearings are administrative proceedings. Therefore, courtroom
standards for evidence and proof do not strictly apply.
(a) Evidence. All noncumulative evidence relevant to the violation
charges and the disposition is admissible, including hearsay.
(b) Standard of Proof. A preponderance of evidence is sufficient for
a finding of good cause at a return hearing.
NOTE: Authority cited: Section 3156, Welfare and Institudons Code. Reference:
In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); and In Re
Duniiam, 16 Cal.3d 63, 67 (1976).
§ 5204. Outpatient Rights.
An outpatient who is ordered returned to the California Rehabilitation
Center or branch thereof shall be entitled to the following:
(a) Written notice of rights relative to return proceedings;
(b) Written notice of the claimed violations;
(c) Disclosure of evidence considered by the Board in support of the
charges (including a copy of any pertinent police, arrest or crime report
as required by Section 3 1 52 of the Welfare and Institutions Code) unless
the evidence is designated confidential;
(d) A prompt return to the California Rehabilitation Center or a branch
thereof for treatment and control following apprehension and/or adjudi-
cation of any criminal charges;
Page 289
Register 2000, No. 26; 6-30-2000
§5205
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(e) A return hearing to be conducted promptly after the individual is
returned to the California Rehabilitation Center or branch thereof;
(0 To request witnesses and/or representation by an attorney, subject
to approval of the Board or its designated representative;
(g) The opportunity to be heard in person and to present witnesses and
documentary evidence;
(h) To confront and cross examine adverse witnesses unless the hear-
ing officer specifically finds good cause for not allowing confrontation;
(i) To be heard by a neutral hearing party;
(j) Notification of the time and place of the hearing, allowing sufficient
time to prepare a defense and notify supporting witnesses;
(k) A written summary of the hearing, including the findings and the
evidence relied upon for the findings.
NoTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference;
Sections 3151, 3152 and 3201(c), Welfai-e and Institutions Code; and In Re B\e,
12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Amendment of section heading, first paragraph and subsection (c) filed
6-29-2000: operative 7-29-2000 (Register 2000. No. 26).
§ 5205. Confidential Information.
No decision shall be based upon informafion that is not available to the
person charged with a violation unless the information has been desig-
nated confidential.
(a) Reliability. The reliability of confidential information to be used
shall be established to the safisfaction of the hearing officer. A finding
of reliability shall be documented by the hearing officer. A hearing may
be continued to establish the reliability of the information or to request
the Director to designate the information as nonconfidential.
(b) Documentation. If confidential information affects a decision, the
individual shall be notified of the general nature of that information and
the reasons for its being held confidential.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Olson, 37 Cal. App. 3d 783 (1974); and In Re Bye, 12 Cal.3d 96 (1974), cer-
tiorari denied, 420 U.S. 996 (1975).
§ 5206. Witnesses.
(a) Request. A witness may be requested by the person charged, the
hearing officer or departmental staff.
(b) Screening. The Board or its designated representative shall screen
the list of potential witnesses and may decide not to call any witness
whose testimony is clearly irrelevant or cumulative. Prior to the hearing
the person charged with the violafion shall be notified of any decision not
to call a witness requested and of the reasons for the decision.
(c) Notification. Parole and Community Services Division shall be ad-
vised of each adverse witness to be called for the hearing, and Parole and
Community Services Division shall notify the witness of the time and
place of the hearing. The individual charged with the violation shall be
responsible for notifying any other witnesses.
(d) Confidenfial or Fearful Witness. An adverse witness who is desig-
nated confidential or who refuses to attend a hearing for fear that his at-
tendance or the revealing of his idenUty would threaten his safety shall
be interviewed prior to the hearing. The witness' tesfimony and the rea-
sons for his fear or for the confidenfial designadon shall be documented.
In addition, a determination shall be made as to whether there is good
cause to excuse the witness' attendance, and the reasons for the decision
shall be documented.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
//; Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Amendment of subsection (d) filed 6-29-2000; operative 7-29-2000 (Register
2000, No. 26).
§ 5207. Attorney Representation.
(a) Request. A person ordered returned to the California Rehabilitation
Center or branch thereof has the right to request representation by an at-
torney at a preretum or return hearing. If attorney representation is
granted and the inpatient is unable to pay for such representation, it will
be provided by the state.
(b) Determination. The person designated to make a determination of
an individual's request for counsel shall review the reasons for the re-
quest, review the violation report, interview the person charged and then
determine whether to approve the request. A request shall be approved
if the person charged needs the assistance of counsel in order to be treated
in a fundamentally fair manner in view of the charges brought and the in-
dividual's ability to respond adequately to those charges. Generally, such
a request shall be approved if the person charged has a colorable (plausi-
ble) claim that he did not violate the conditions of release or if there are
substantial mitigating circumstances. However, in every case these fac-
tors shall be weighed against the person's ability to present his own case.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Bxe, 1 2 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975); In Re Love,
1 1 Cal.3d 179 (1974); and Ga^^non v. Scarpelli, 41 1 U.S. 778 (1973).
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5208. Prereturn Hearing.
(a) Circumstances. A releasee or parolee who is in custody under a
hold and is undergoing prosecution on criminal charges shall be eligible
for a preretum hearing unless there has been an adequate substitute as de-
fined in subsection (b) below.
(b) Adequate Substitute for Prereaim Hearing. A preretum hearing
shall be deemed not necessary if any of the following occurs:
( 1 ) Felony Charges Pending.
(A) A criminal preliminary hearing at which probable cause is found,
providing the person has been given notice prior to the criminal prelimi-
nary hearing that the preliminary hearing will act as a substitute for a pre-
retum hearing.
(B) Waiver of the criminal preliminary hearing, providing the person
has been given notice prior to the waiver that such a waiver will act as a
waiver of a preretum hearing. (If the person waives the timeliness of the
criminal pretiminary hearing, such waiver shall also serve as a waiver of
the timeliness of the preretum hearing providing the person has been giv-
en prior notice.)
(2) Misdemeanor Charges Pending. A court conviction which occurs
within thirty calendar days of the placing of the hold, providing the per-
son has been given notice that a conviction will act as a substitute for the
prerehjm hearing.
(c) Puipose. The hearing officer shall determine whether or not there
is probable cause to believe the outpatient or parolee violated the condi-
tions of release or conditions of parole.
(d) Location. The hearing shall be held at a location near where the vio-
lation is alleged to have occurred.
(e) Results.
( 1 ) If the hearing officer finds probable cause to believe the outpatient
violated the conditions of release/parole, the Parole and Community Ser-
vices Division may retain the person in custody under the hold pending
adjudication of the criminal charges.
(2) If probable cause is not found, the hearing officer shall so advise
the Parole and Community Services Division, and the hold shall be re-
moved immediately.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re LaCroix, 12 Cal.3d 146 (1974).
History
1. Amendment of subsection (e)(1) filed 6-29-2000; operative 7-29-2000 (Reg-
ister 2000, No. 26).
§ 5209. Summary Prereturn Hearing.
(a) Circumstances. An outpatient or parolee who is convicted of any
criminal offense and did not receive a preretum hearing for which he was
eligible under Section 5208 shall be eligible for a summary preretum
hearing if he cannot be promptiy returned to the Calif omia Rehabilitation
Center or branch thereof.
(b) Purpose. The hearing shall determine the following:
(1) Whether a criminal conviction did in fact occur;
(2) Whether the conviction constituted a violation of the conditions of
release/civil addict parole; and
(3) Whether the individual was in fact the person convicted.
•
Page 290
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§ 5231
(c) Location. The hearing shall be held at a location near where the vio-
lation is alleged to have occurred.
(d) Results.
( 1 ) If the finding is that the outpatient was convicted of a criminal of-
fense and the conviction constituted a violation of the conditions of re-
lease/parole, the releasee/parolee shall be returned to the California Re-
habilitation Center or any of its branches as soon as the person becomes
available.
(2) If the finding is otherwise, the hearing officer shall so advise the
Parole and Community Services Division for further evaluation.
NOTI-;: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
/;/ Re Byc, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975; and //; Re
UiCroix, 12 Cal.3d 146 (1974).
History
1. Amendment of subsections (a), (b)(2) and (d)(1) filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5210. Return Hearing.
(a) Circumstances. An outpatient who is ordered returned to the Cali-
fornia Rehabilitation Center or branch thereof shall have the right to a
prompt return hearing following his arrival at the facility.
(b) Purpose. The hearing officer shall determine whether or not there
is good cause to believe the person did in fact violate the conditions of
release/parole and shall prepare a recommendation for disposition.
(c) Location. The hearing shall be held at the California Rehabilitation
Center or a branch thereof. However, this does not preclude the approval
of another location by the Board.
(d) Results.
( 1 ) If the finding is that there is good cause to believe the person vio-
lated the conditions of release/parole, the hearing officer shall report this
information to the Board together with an appropriate recommendation
for disposition without undue delay.
(2) If the finding is that there is not good cause to believe that the per-
son violated the conditions of release/parole, the hearing officer shall
contact a member of the Narcotic Addict Evaluation Authority for an oral
order of release. If an oral order of release is obtained, the hearing officer
shall so advise the staff of the California Rehabilitation Center or a
branch thereof, and the person shall be released without delay.
NOTli: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 521 1 . Board Determination.
Following any return hearing, the Board shall consider the report pre-
pared by the hearing officer and make a final decision at its regularly
scheduled hearings for outpatient decisions.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5212. Waiver.
A person who is eligible for a hearing as described in this article may
waive such a hearing.
NOTE; Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
Article 6. Subpoenas
§ 5230. General.
The Chairperson of the Narcotic Addict Evaluation Authority may
make investigations and prosecute actions concerning all matters relat-
ing to the business acUvities and subjects under the jurisdiction of the
Narcotic Addict Evaluation Authority, violations of any law or rule or or-
der of the Narcotic Addict Evaluation Authority and such other matters
as may be provided by law. In connection with these investigations and
actions, the Chairperson may inspect books and records, hear com-
plaints, administer oaths, certify to all official acts and issue subpoenas
for the testimony in any inquiry, investigation, hearing or proceeding
pertinent or material thereto in any part of the state.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3 157, Welfare and Institutions Code; and Sections 1 II 80 and 1 1 1 SI. Gov-
ernment Code.
History
1 . New Article 7 (Sections 5230-5232) filed 12-7-82 as an emergency; effective
upon filing (Register 83. No. 2). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emereency language will be repealed on
4-6-83.
2. Editorial correction of Article 7 (Sections 5230-5232) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 7 to article 6 and amendment of section filed
6-29-2000; operafive 7-29-2000 (Register 2000, No. 26).
§ 5231 . Request for Subpoena.
(a) Who May Request. The individual or his approved attorney may
request a subpoena be issued to require the attendance of witnesses or the
producfion of documents at return hearings or rescission hearings held
in accordance with the Narcotic Addict Evaluation Authority's regula-
tions concerning such hearings. Subpoenas may also be requested by Pa-
role and Community Services Division staff or by the Narcotic Addict
Evaluation Authority members or by the hearing representatives. Re-
quests shall be made to the Civil Addict Legal Processing Unit at least
ten (10) working days prior to the scheduled hearing.
(b) Subpoena Duces Tecum. A declarafion in support of a subpoena
duces tecum shall accompany the request for a subpoena duces tecum.
The declarafion must show good cause for production of documentary
evidence and specify precisely the documentary evidence to be pro-
duced, the relevance and materiality of that evidence to the hearing and
that the requested witness has possession or control of the documentary
evidence.
(c) Criteria for Issuance. The guiding principle in determining whether
to issue a subpoena or subpoena duces tecum is the necessity of witness
tesfimony or documentary evidence to the proceedings. To be necessary,
witness tesfimony and documentary evidence must be relevant, material
and non-cumulafive to the individual's case. Factors to be considered in-
clude (1) whether the person is an adverse or friendly witness, (2) rele-
vance and materiality of the testimony or documents to the issues to be
decided, (3) availability of the witness and/or documents, (4) the witness'
willingness to appear without a subpoena, (5) whether the individual or
the individual's attorney has made reasonable efforts to produce a mate-
rial friendly witness, (6) whether the witness resides more than 50 miles
outside the county where the hearing will be held. Requests for subpoe-
nas shall be screened by the Civil Addict Legal Processing Unit staff and
a request for subpoena may be denied for any witness whose testimony
is clearly irrelevant or cumulafive.
(d) Adverse Witnesses. Requests for subpoenas for adverse witnesses
shall ordinarily be granted even though the tesfimony may be cumulative,
such as when several persons witnessed the incident. Fearfulness of an
adverse witness shall be considered and may jusfify denial of a request
for a subpoena.
(e) Friendly Witnesses. Normally only adverse witnesses shall be sub-
poenaed. The tesfimony of character witnesses and of other witnesses
whose tesfimony is of a general nature may be presented by means of
written statements, letters or affidavits. Subpoenas may be issued for
friendly witnesses who can provide relevant and material evidence on be-
half of the individual but who refuse to appear at the request of the indi-
vidual or the individual's attorney. The individual or the individual's at-
torney may be asked to provide a written statement which summarizes
the expected tesfimony and states how the testimony would be relevant,
material and noncumulafive.
(f) Documentary Evidence. Subpoenas duces tecum may be issued for
documentary evidence under the control of someone other than the indi-
vidual, the individual's attorney. Parole and Community Services Divi-
sion or the Narcofic Addict Evaluafion Authority. A declaration in sup-
Page 291
Register 2000, No. 26; 6-30-2000
§5232
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
port of subpoena duces tecum shall accompany the request for a
subpoena duces tecum.
(g) At the Time of the Hearing. After the return or rescission hearing
has commenced, the panel may request such subpoenas or subpoenas
duces tecum as they deem necessary. The hearing shall be continued and
rescheduled for a later date.
(h) Denial. Denial of a request for a subpoena or a subpoena duces te-
cum shall be documented and a copy of the decision given to the individ-
ual or the individual's attorney prior to the hearing.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3157. Welfare and Institutions Code; Section 11 182, Govemment Code.
History
1. Amendment of subsections (a), (f) and (s) filed 6-29-2000: operative
7-29-2000 (Register 2000, No. 26).
§ 5232. Service.
(a) Processes issued under this article extend to all parts of the state.
(b) Subpoena. Service of a subpoena is inade by showing the original
and delivering a copy to the witness personally.
(c) Subpoena Duces Tecum. Service of a subpoena duces tecum is
made by showing the original and delivering a copy to the person having
possession or control of the documentary evidence. A copy of the decla-
ration in support of a subpoena duces tecum is invalid if the declaration
in support of subpoena duces tecum is not served on the person at the
same time as the subpoena duces tecum.
(d) By Whom Made. Services may be made by any person eighteen
years of age or older.
(e) Time Limits. Service shall be made not later than two (2) days be-
fore the hearing unless good cause for later service is shown.
(f) Obligation of Witness to Attend. A person is obliged to attend a re-
turn or rescission hearing as a witness pursuant to a subpoena or a sub-
poena duces tecum at any place within the county of residence or which
is less than 50 miles from the witness' residence. Witnesses shall be paid
fees and mileage at the rate provided in Govemment Code Section
68093.
(g) Custodian of Records. The custodian of records may upon receiv-
ing a subpoena duces tecum mail a true, legible, and durable copy of all
the records described in the subpoena duces tecum. The records shall be
accompanied by the affidavit of the custodian.
(h) Affidavit of Custodian. The affidavit shall state that the affiant is
the custodian of the records and is authorized to certify the records that
the copy is a true copy of the records described in the subpoena duces te-
cum, and that the records were prepared in the ordinary course of busi-
ness.
(i) Attendance Required. The custodian of records shall attend the
hearing and produce original records only when the subpoena duces te-
cum contains a clause to that effect.
(j) Failure to Comply. If a witness fails to comply with a subpoena or
a subpoena duces tecum, the Narcotic Addict Evaluation Authority may
petition the Superior Court in the county of which the hearing is pending
for an order compelling compliance.
(k) Request to Quash. The Civil Addict Legal Processing Unit, upon
a request, timely and reasonably made, may quash a subpoena or subpoe-
na duces tecum entirely, modify it or direct compliance with it upon terms
or conditions. The request to quash shall be made to the Civil Addict Le-
gal Processing Urut.
(/) Criteria. The Civil Addict Legal Processing Unit shall consider the
objections to a subpoena or a subpoena duces tecum in light of all avail-
able information. The guiding principles shall be to protect witnesses
from unreasonable and oppressive demands and to ensure their safety.
(m) Final Responsibility. The Chairperson of the Narcotic Addict
Evaluation Authority has final responsibility for deciding whether to is-
sue a subpoena or a subpoena duces tecum and whether to grant or deny
a request to quash a subpoena or a subpoena duces tecum. The Chairper-
son of the Narcotic Addict Evaluation Authority may delegate these deci-
sions to the Civil Addict Legal Processing Unit staff.
NOTE: Authority cited: Section 3150, Welfare and Institutions Code. Reference:
Section 3157, Welfare and Institutions Code; Sections 1 1 180 et seq. and Section
68093, Govemment Code.
History
1. Amendment of subsections (j) and (m) filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
Chapter 3. Outpatient Supervision
Article 1. Conditions of Release/Parole
§ 5300. General.
(a) Release to Outpatient Status. Pursuant to Section 3151 of the Wel-
fare and Institutions Code, the Narcotic Addict Evaluation Authority
may release a person committed to the Civil Addict Program in an outpa-
tient status subject to all rules and regulations adopted by the Narcotic
Addict Evaluation Authority, and subject to all conditions imposed by
the Narcotic Addict Evaluation Authority, whether of general applicabil-
ity or restricted to the particular person released in outpatient status, and
subject to being retaken and returned to inpatient status as prescribed in
such rules, regulations, or conditions. These conditions of release can
only be changed by the Narcotic Addict Evaluation Authority.
Section 3152 of the Welfare and Institutions Code stipulates that the
rules for persons in outpatient status shall include but not be limited to
close supervision of the person after release from inpatient status, period-
ic and surprise testing for narcotic use, counseling and return to inpatient
status at the California Rehabilitation Center or its branches at the discre-
tion of the Narcotic Addict Evaluation Authority, if from the reports of
agents of the department or other information including reports of law en-
forcement officers as to the conduct of the person, the Narcotic Addict
Evaluation Authority concludes that it is for the best interests of the per-
son and society that this be done.
(b) Release to Civil Addict Parole Upon Reaching Program Expiration
Date. Pursuant to Section 3201(c) of the Welfare and Institutions Code
any person committed to the Civil Addict Program following the com-
mission of a crime on or after September 17, 1981, whose execution of
sentence was suspended pending a commitment pursuant to Section
3051 of the Welfare and Institutions Code, who has reached the expira-
tion of commitment, shall be placed on parole under the jurisdiction of
the Narcotic Addict Evaluation Authority. The law further stipulates that
a person on parole who violates the rules, regulations or conditions im-
posed by the Narcotic Addict Evaluation Authority may be returned to
the California Rehabilitation Center or branch thereof in accordance with
the provisions of Sections 3151 and 3152 of the Welfare and Institutions
Code.
NOTE: Authority cited: Sections 3051 and 3156, Welfare and Institutions Code.
Reference: Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and
Section 3000 et seq., Penal Code.
History
1 . Amendment of Chapter 3 and Article 1 headings filed 12-7-82 as an emergen-
cy; effective upon Filing (Register 83, No. 2). A Certificate of Compliance must
be transmitted to OAL within 120 days or emergency language will be repealed
on 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
3. Amendment of chapter heading, article heading and section and new Note filed
6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5301. Supervision.
The supervision of persons while in outpatient status shall be accom-
plished by the P&CSD.
NOTE: Authority cited: Section 3152, Welfare and Institutions Code. Reference:
Section 50000 et seq.. Penal Code.
History
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Page 292
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§ 5310
•
§ 5302. Conditions of Release and/or Civil Addict Parole.
(For a distinction between releasee and civil
addict parolee, see Section 5000(B), Rules of
Construction and Definition).
(a) Definition. The Conditions of Release and/or Civil Addict Parole
is a general description of mles and regulations imposed by the Narcotic
Addict Evaluation Authority which the outpatient agrees to abide by.
(b) Content. The following conditions of release and/or civil addict pa-
role shall apply to all individuals in outpatient status:
( 1 ) Release. Upon release from the California Rehabilitation Center or
branch thereof you are to go directly to the program approved by the Pa-
role and Community Services Division and shall report to your agent of
record or other person designated by the Parole and Community Services
Division within 24 hours or the next working day if released on the day
before a holiday or weekend.
(2) Residence. Only with the prior approval of your agent of record
may you change your residence or the county of your residence.
(3) Work. It is necessary for you to maintain gainful employment. Any
change of employment, including location, employer or termination of
employment, must be reported to, and approved by, your agent of record
within 72 hours.
(4) Agent Instructions. You shall comply with all instructions issued
by an agent of the Parole and Community Services Division.
(5) Travel. You shall not travel more than 50 miles from your resi-
dence, or leave the State of California, without the approval of your agent
of record.
(6) Alcoholic Beverages. You shall not use alcoholic beverages to ex-
cess.
(7) Narcotics. You shall not possess, use, have access to, or traffic in
any narcotic, marijuana or dangerous drugs in violation of the law and
you shall not have access or possession of narcotic paraphernalia or
scales used to weigh narcotics. In addition, you shall not use or possess
prescription medication except as prescribed for you by a licensed physi-
cian.
(8) Anti-Narcotic Testing. By reason of your commitment to the Civil
Addict Program, you are required by Welfare and Institutions Code Sec-
tion 3152 to participate in anti-narcotic testing. You shall participate in
such program and agree to the instructions of your agent of record regard-
ing your participation therein.
(9) Weapons. You shall not own, have access to, possess, use, sell, or
have under your control or on your property:
(A) any type of firearm, instrument, or device which a reasonable per-
son would believe to be capable of being used as a firearm, any ammuni-
tion which could be used in a firearm; or any explosive powder or device;
(B) any weapon as defined in state or federal statutes or listed in Cah-
fomia Penal Code Section 1 2020 or any instrument or device which a rea-
sonable person would believe to be capable of being used as a weapon
as defined in Penal Code SecUon 12020; or,
(C) any knife with a blade longer than two inches, any knife which has
a locking mechanism, any knife which has a fixed blade or any knife
commonly referred to as a hunting knife, except kitchen knives which
must be kept in your residence and knives related to your employment
which may be used only in connection with your employment and ap-
proved by your agent of record;
(D) a cross bow or arrow of any kind.
(10) Associates. You shall avoid association with former inpatients of
the California Rehabilitation Center, former inmates of penal institu-
tions, or other narcotic addicts unless specifically approved by your agent
of record. You shall not associate with any prison gang, disruptive group,
or criminal street gang member, and you shall avoid associaUon with in-
dividuals who have been convicted of a crime(s).
(11) Cooperation and Attitude. You are to cooperate with your agent
of record at all times.
(12) Criminal and Conduct. You shall obey all municipal, county, state
and federal laws, ordinances, and orders. Conduct prohibited by law may
result in revocation of your release and/or parole even though no criminal
conviction occurs.
(13) You shall not possess or have access to cell phones, pagers or the
Internet without prior approval of your agent of record.
(14) Blood Donation. You shall not provide blood for transfusion pur-
poses because of the danger of transmitting disease thereby.
(15) Search. You shall submit to a search of your person, your resi-
dence and any property under your control by your agent of record, any
agent of the Department of Corrections or law enforcement officer.
(16) You shall not violate any Special Conditions of Release/Parole
imposed by the Board.
(17) Special Conditions
NOTE: Authority cited: Section 3136, Welfare and Institutions Code. Reference:
Sections 3151 and 3152, Welfare and Institutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4—6-83.
2. Editorial collection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of secfion heading and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5303. Special Conditions of Release/Civil Addict Parole.
Special condidons as referenced above in Section 5301(b)(16) and
( 1 7) may be established and imposed by the Board as provided in Section
5300 and are in addition to the general condifions of release/civil addict
parole. Special conditions of release/civil addict parole shall be imposed
whenever warranted by the circumstances of the individual's case. Indi-
viduals will be governed by these specific rules whether or not they sign
the Board Order or CDC form containing these rules.
NOTE: Authority cited: Sections 3156 and 3305, Welfare and Institutions Code.
Reference: Sections 5000 and 5050 et seq.. Penal Code.
History
1 . Amendment of section heading and secfion and new Note filed 6-29-2000; op-
erative 7-29-2000 (Register 2000, No. 26).
§ 5304. Knives.
History
1 . Repealer filed 12-7-82 as an emergency; effective upon filing (Register 83, No.
2). A Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 4-6-83.
2. Certificate of Compliance filed 2-3-83 (Register 3, No. 6).
§ 5305. Notification of Conditions of Release/Civil Addict
Parole.
Prior to release to outpatient status, the resident shall read or have read
to him by Department of Corrections staff the conditions of release and/
or civil parole to ensure that the person understands them and the conse-
quences involved if they are violated. In addition, it shall be the responsi-
bility of Department of Corrections staff to ensure that the individual
receives a copy and agrees to abide by the conditions of release/civil ad-
dict parole by affixing his signature to the agreement.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3151, Welfare and Insfitutions Code.
History
1 . Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correcfion filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section heading and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§5310. General.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Secfions 3 1 5 1 , 3 1 52 and 3201 (c), Welfare and Insfitutions Code; and Section 3000
et seq.. Penal Code.
History
1. Repealer of Article 2 (Secfions 5310-5316) and new Article 2 (Sections
5310-5315) filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be Uransmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
Page 293
Register 2000, No. 26; 6-30-2000
§5311
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
2. Editorial coiTection of Article 2 (Sections 5310-5315) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former julicle 2 ( sections 53 1 ()-53 15). and section filed 6-29-2000;
operative 7-29-2000 (Register 2000, No. 26).
§5311. Supervision.
NOTH: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1 . Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 531 2. Conditions of Parole.
NOTFi: Authority cited: Section 3156. Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section
3000. et seq.. Penal Code.
History
1 . Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5313. Special Conditions of Parole.
NOTl:: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section
3000, et seq.. Penal Code.
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5314. Notification of Conditions of Parole.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Section
3000(0, Penal Code.
History
1. Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 531 5. Length of Parole.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and Sections
3000 and 3001, Penal Code.
History
1 . Repealer filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 2.
Participation in Methadone
Maintenance
§ 5320. General.
Section 3 1 54 of the Welfare and Institutions Code stipulates that a per-
son released from the CaHfomia Rehabilitation Center or branch thereof
may, with the approval of the Department of Corrections and the Narcot-
ic Addict Evaluation Authority, participate in a methadone maintenance
project.
NOTE: Authority cited: Secfion 3156, Welfare and Insdtutions Code. Reference:
Section 3154, Welfare and Institutions Code.
History
1. Repealer of Article 3 (Sections 5330-5338) and new Article 3 (Sections
5320-5325) filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 3 (Sections 5320-5325) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Repealer of former article 2 (sections 5310-5315), renumbering of former ar-
ticle 3 to article 2, and amendment of section 5320 filed 6-29-2000; operafive
7-29-2000 (Register 2000, No. 26).
§5321. Criteria.
The Board shall decide whether to approve an outpatient's participa-
tion in a methadone maintenance program on a case-by-case basis. The
following are the guidelines which the Board shall use in its consider-
ation:
(a) The person shall be at least 21 years of age;
(b) The person shall have a documented history of opiate use of at least
five years;
(c) The person shall have had at least one prior medically supervised
detoxification.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3154 and 3201(c), Welfare and Institutions Code.
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5322. Parole and Community Services Division
Discretion.
If the outpatient meets the criteria in Section 5321 , the agent of record
may approve the individual's participation in an approved methadone
maintenance program pending approval by the Board. An individual who
does not meet those criteria shall not begin participation in methadone
maintenance without Board approval.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3154, 3201 and 3201(c), Welfare and Institutions Code.
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5323. Purpose of Approval.
The Board's purpose in approving participation in methadone mainte-
nance is to stabilize the person in the community. The Board's intention
is that as stabilization progresses, the individual will gradually reduce
and ultimately eliminate the need for methadone.
NOTE: Authority cited: Secfion 3156, Welfare and Institutions Code. Reference:
SecUons 3151, 3154 and 3201(c), Welfare and Insdtutions Code.
§ 5324. Cooperation Between Parole and Community
Services Division and Methadone Programs.
Parole and Community Services Division staff shall work in coopera-
tion with the staff of methadone maintenance programs, in exchanging
information of mutual interest. The Parole and Community Services Di-
vision shall maintain regular contact with the staff of methadone mainte-
nance programs as a collateral source of information regarding the outpa-
tient's conduct and welfare.
NOTE: Authority cited: Secfion 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3154 and 3201(c), Welfare and InsUtufions Code.
History
1. Amendment filed 6-29-2000; operafive 7-29-2000 (Register 2000, No. 26).
§ 5325. Operation of a Motor Vehicle.
An outpatient who is accepted into a methadone maintenance program
shall not drive a motor vehicle during the stabilization phase of the pro-
gram (approximately the first two weeks). The local office of the Depart-
ment of Motor Vehicles shall be notified of the name of each outpatient
accepted into a methadone maintenance program by the Parole and Com-
munity Services Division.
Note; Authority cited: Secfion 3156, Welfare and Institutions Code. Reference:
Secfions 3151, 3154 and 3201(c), Welfare and Institufions Code.
History
1. Amendment filed 6-29-2000; operafive 7-29-2000 (Register 2000, No. 26).
Article 3. Want Notices and Holds
§ 5330. General.
Sections 3151 and 3201(c) of the Welfare and Institutions Code in-
vests the Board with the authority to:
(a) Suspend the release of an outpatient who is under the jurisdiction
of the Narcotic Addict Evaluation Authority and cause him to be retaken
and returned to the California Rehabilitation Center or branch thereof;
(b) Adopt rules and regulations according to which an outpatient may
be retaken into custody and returned to the California Rehabilitation
Center or branch thereof.
NOTE: Authority cited: Secfion 3156, Welfare and Institufions Code. Reference:
Secfions 3151 and 3201(c), Welfare and Insfitufions Code.
History
1 . Repealer of Article 4 (Sections 5350-5356) and new Article 4 (Sections
5330-5338) filed 12-7-82 as an emergency; effecfive upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correcfion of Article 4 (Secfions 5330-5338) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Page 294
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§ 5350
•
4. Renumbering of former article 4 to article 3 and amendment of section filed
6-29-2000: operative 7-29-2000 (Register 2000, No. 26).
§5331. Want Notice.
(a) Definition. A want notice is the Board's authorization for any law
enforcement officer in California to take into custody a particular outpa-
tient who has absconded from supervision. Only the Board may authorize
a want notice.
(b) Limitations. A want notice may be exercised only within the State
of California.
(c) Removal. The Parole and Community Services Division shall can-
cel the want notice for any outpatient who has been taken into custody
in California or who is otherwise no longer wanted.
NOTI-;: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1. Amendment of subsections (a) and (c) filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§ 5332. Hold.
(a) Definition. A hold is an official request that an outpatient be held
in custody until further notice. A hold may be placed on an outpatient
who is already confined as a result of a new criminal charge, or the mdi-
vidual may be arrested and placed in local custody on a hold pending in-
vestigation of an alleged violation of the conditions of release or condi-
tions of parole.
(b) Authorization. The Deputy Director of the Parole and Community
Services Division, and any of the staff in the peace officer series of the
Department of Corrections may apprehend, arrest and/or detain in local
custody any outpatient who meets the criteria in Section 5334.
NOTIi: Authority cited: Secdon 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3201(c), Welfare and Institutions Code.
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5333. Decision to Place a Hold.
The hold decision shall be made in every case regardless of the type
of crime or violation with which the individual is charged and regardless
of whether another criminal justice agency is detaining the person. The
fact that an outpatient has been released on bail on his own recognizance
does not serve as a substitute for the decision to place a hold. The poten-
tial threat to the community shall be considered.
NOTE: Authority cited: Section 3156, Welfare and Insfitutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1 . Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5334. Criteria for Placing a Hold.
An outpatient suspected of violating the conditions of release/condi-
tions of parole may be arrested and/or detained under a hold for any of
the following reasons:
(a) The person is a danger to himself.
(b) The person is a danger to the person or property of another.
(c) The person may abscond.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1. Amendment of first paragraph and subsection (a) filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5335. Factors to Be Considered.
Examples of factors to be considered in deciding whether to place a
hold include but are not limited to the following:
(a) The emotional or mental health of the outpatient; such as the pres-
ence of suicidal impulses or threats, or evidence that the individual can-
not adequately care for himself;
(b) The presence and extent of drug or alcohol abuse.
(c) The seriousness of the alleged violation.
(d) Prior instances of assaultive behavior.
(e) Involvement in the transportation, sale, distribution or use of nar-
cotics or dangerous drugs.
(f) Present threats of violence.
(g) Record of escapes from custody or absconding from supervision,
(h) Employment history and stability.
(i) Residential pattern.
(j) Nature of family and community relationships.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151 and 3201(c), Welfare and Institutions Code.
History
1 . Amendment of subsection (a) filed 6-29-2000; operative 7-29-2000 (Register
2000, No. 26).
§ 5336. Review of a Hold.
(a) Initial Review. As soon as possible after the placement of a hold,
the agent of record shall have a case conference with the unit supervisor
to determine whether the hold should be continued.
(b) Replacing a Hold. Once a hold has been dropped, it shall not be re-
placed unless new information has been received which indicates the per-
son falls within the criteria in Section 5334.
(c) Subsequent Removal of a Hold. A hold may be removed at any time
the existing circumstances of the case indicate it is no longer necessary.
However, approval to remove a hold shall be obtained from at least one
Board member, either orally or in writing, before the person is released
from custody following an arrest by local law enforcement.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Insfitutions Code.
History
1. Amendment of subsections (a) and (c) filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§ 5337. Notification to Outpatient.
In all cases the agent of record shall notify the individual in writing of
the reasons for the hold as soon as possible after placement of the hold.
NOTE: Authority cited: Secdon 3156, Welfare and Institudons Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institudons Code.
History
1. Amendment of section heading and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5338. Notification to NAEA.
When a hold is placed on an individual, the Parole and Community
Services Division shall without unnecessary delay notify the Narcotic
Addict Evaluation Authority in writing in order to obtain the Board's fi-
nal determination.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institudons Code.
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Article 4. Violations and Reports
§ 5350. General.
The Board is authorized to suspend outpatient status in any case where
the outpatient has violated his conditions of release/civil addict parole.
Violations listed in Section 535 1 (a) and special requests listed in Section
535 1 (b) shall be reported to the Board.
The Parole and Community Services Division is authorized to dispose
of any other misconduct.
NOTE: Authority cited: Section 3156, Welfare and Insfitutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institudons Code.
History
1. Repealer of Article 5 (Sections 5370-5372) and new Article 5 (Sections
5350-5356) filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction of Article 5 (Secdons 5350-5356) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 5 to article 4 and amendment of section filed
6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Page 295
Register 2000, No. 26; 6-30-2000
§5351
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
§ 5351 . Reports.
(a) Behavior Which Must Be Reported. The Parole and Community
Services Division shall report to the Board any outpatient who is reason-
ably believed to have engaged in the following kinds of behavior:
(1) Possession, access, or use of narcotics, marijuana, or dangerous
drugs in violation of the law.
(2) All physical acts of violence and verbal threats of violence.
(3) Possession, use. sales or control of any deadly weapon, ammuni-
tion, explosives, or firearm.
(4) Involvement in any fraudulent scheme.
(5) Any violation of a special condition of release or parole.
(6) Any superior or municipal court conviction, regardless of the sen-
tence imposed.
(7) Any arrest or citation.
(8) Any conduct which the agent of record, unit supervisor, or district
administrator feels is sufficiendy serious to report.
(b) Miscellaneous Requests.
( 1 ) Participation in an approved methadone maintenance program.
(2) Approval for out of state courteous supervision.
(3) Placement or removal of special conditions.
(4) Discharge Reviews.
NOTE; Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code.
History
1 . Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Reg-
ister 2000, No. 26).
§ 5352. Investigation.
An agent shall investigate all cases of an individual suspected of a vio-
lation of the conditions of release/civil addict parole. All available facts
relating to the charged violation shall be documented. If the individual
is suspected of a violation which is being investigated as a new crime by
a police agency, the agent shall obtain a copy of the arresting agency's
arrest and investigation report.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bve,
12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5353. Violation Report.
The violation report is a document prepared by the agent specifying
the violation charges against the individual and containing or referring
to the information known to the agent relevant to the charges. The viola-
tion report shall include a resume of the person' s adjustment to communi-
ty supervision. Any documents which relate to the violation shall be at-
tached to the report or specifically identified in the report.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye,
12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
§ 5354. Supplemental Violation Report.
A supplemental violation report shall be submitted to: Report signifi-
cant new information or evidence which tends to prove or disprove the
violations previously charged; note court actions on charges which are
being prosecuted in a criminal proceeding; expand, clarify or correct in-
formation in an eariier report; add or amend charges; provide the Board
with information not related to the violation, but which may affect the
Board's decision regarding the appropriate disposition; provide addi-
tional information to the Board at any time requested by the Board; or
change the Parole and Community Services Division recommendation.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Bye,
12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5355. Recommendations.
The Parole and Community Services Division shall recommend the
appropriate action necessary to deal with the violation charged which the
Board shall take into consideration in determining the best disposition to
be made.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code; In Re Bve, 12
Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
§ 5356. Time Limits.
All violations of the conditions of release/civil addict parole shall be
reported to the NAEA in a timely manner in accordance with procedures
adopted by the Department of Corrections and agreed to by the NAEA.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3151, 3152, 3200 and 3201(c), Welfare and Institutions Code; and //; Re
Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1 . Amendment of section and Note filed 6-29-2000; operative 7-29-2000 (Res-
ister 2000, No. 26).
•
Article 5. Out of State Supervision
§ 5370. General.
The Civil Addict Program does not come under the provisions of the
Interstate Compact. Therefore, supervision of an outpatient outside Cali-
fornia shall be arranged on a case-by-case basis and requires Board ap-
proval of the arrangements for supervision.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
History
1 . New Article 6 (Sections 5370-5372) filed 12-7-82 as an emergency; effective
upon filing (Register 83, No. 2). A Certificate of Compliance must be trans-
mitted to OAL within 120 days or emergency language wiU be repealed on
4-6-83.
2. Editorial correction of Article 6 (Sections 5370-5372) filed 1-5-83 (Register
83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Renumbering of former article 6 to article 5 and amendment of section filed
6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§5371. Requirements.
The Board requires the following information for consideration of su-
pervision outside of California:
(a) Rationale. There shall be a compelling reason or advantage con-
nected with the individual's program outside of California.
(b) Residence. The person shall have a verifiable residential address
and the names of other persons at that address.
(c) Employment. The person shall have a verifiable offer of employ-
ment or a verifiable arrangement for training or education.
(d) Supervision. There shall be an agreement with a law enforcement
official (preferably a parole agent) in the other state who shall:
( 1 ) Obtain urine samples from the person as required by the Narcotic
Addict Evaluation Authority;
(2) Maintain regular personal contact with the person;
(3) Submit regular reports to the Parole and Community Services Divi-
sion regarding the individual's progress.
NOTE: Authority cited: Secfion 3156, Welfare and Institudons Code. Reference:
Secfions 3151, 3152 and 3201(c), Welfare and Institutions Code.
History
1. Amendment of subsection (d)(1) filed 6-29-2000; operative 7-29-2000 (Reg-
ister 2000, No. 26).
§ 5372. Releasee or Parolee Outside California Without
Permission.
The Parole and Community Services Division shall report to the Board
any releasee or civil addict parolee who leaves the State of California
without permission. The Board may suspend that individual's outpatient
status and declare him a releasee-at-large, or in the case of a civil addict
parolee, suspend parole and declare the person a parolee-at-large.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3151, 3152 and 3201(c), Welfare and Institutions Code.
•
Page 296
Register 2000, No. 26; 6-30-2000
Title 15
Narcotic Addict Evaluation Authority
§ 5500
History
1. Amendment filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
Chapter 4. Appeals
Article 1. General
§ 5400. General.
Any person under the jurisdiction of the Board may appeal decisions
of the Board or its representative which directly affect him. The NAEA
appeal form is available at the California Rehabilitation Center and at
each Parole and Community Services Division unit office. It shall be giv-
en to the person upon request.
Note. Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3054 and 3058, Penal Code.
History
1 . Amendment of section and new NOTK filed 6-29-2000; operative 7-29-2000
(Register 2000, No. 26).
§5401. Grounds.
The grounds on which an application for reconsideration may be based
are the following:
(a) The action was an arbitrary decision in light of the particular facts
of the individual's case.
(b) The individual has discovered new evidence, material to the case,
which could not have been discovered and produced at the hearing.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Sections 3054 and 3058, Penal Code.
History
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5402. Multiple Grounds.
Either or both of the grounds specified in Section 5401 may be claimed
in one application.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Muszalski, 52 Cal. App. 3d 500 (1975).
History
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5403. Filing an Appeal.
The individual has the following responsibilities in filing an appeal.
(a) All grounds shall be included in the same appeal.
(b) Specific grounds shall be stated, and all necessary documents and
information shall be attached to the application.
(c) The decision desired shall be stated.
(d) Assistance in preparing the appeal may be sought from staff or oth-
ers.
(e) The appeal shall be filed with the Narcotic Addict Evaluation Au-
thority within 30 days of the date the action was taken. This time limit
may be waived for good cause by the Board.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Miiszalsid, 52 Cal. App. 3d 500 (1975).
History
1. Amendment filed 12-7-82 as an emergency; effecfive upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correcdon filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of subsection (e) filed 6-29-2000; operative 7-29-2000 (Register
2000, No. 26).
§ 5404. Effect of Appeal.
The decision being appealed shall remain in effect pending final deci-
sion as specified in Section 5405.
NoTE: Authority cited: Section 3 J 56, Welfare and Institutions Code. Reference:
In Re Muszalski, 52 Cal. App. 3d 500 (1975).
History
1. New Note filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
§ 5405. Decisions.
The Chairman or the Chairman's designee may grant or deny recon-
sideration or refer appeal applications to a panel of two members or to (he
full Board. The panel may grant or deny reconsideration or refer the case-
to the full Board. The full Board may grant or deny reconsideration.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
//; Re Muszalski, 52 Cal. App. 3d 500 (1975).
History
1. Amendment of secUon and new Note filed 6-29-2000; operative 7- 29 2()()()
(Register2000, No. 26).
§ 5406. Time Limits.
An appeal filed with the NAEA shall be considered and the individual
notified of the decision witliin 30 days of the receipt of the appeal by the
Authority.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
In Re Muszalski, 52, Cal. App. 3d 500 (1975).
History
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial conection filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
Chapter 5. Discharge of Civil Addict
Commitments
Article 1. General
§ 5500. Early Discharge of Individuals in Releasee Status.
(a) Persons Committed to the Civil Addict Program Pursuant to Sec-
tions 3100 and 3100.6 of the Welfare and Institutions Code. Section
3200(a) of the Welfare and Institutions Code stipulates that a releasee
who has abstained from the use of narcotics and has otherwise abided by
the conditions of release for a period of time as specified in that section
may be considered for discharge from the Civil Addict Program. If the
Narcotic Addict Evaluation Authority concurs in the opinion of the Di-
rector that the person on outpatient status has met the requirements as set
forth in Welfare and Institutions Code Section 3200, it shall discharge
such person from the program.
(b) Persons Committed to the Civil Addict Program Pursuant to Sec-
tions 3050 and 3051 of the Welfare and Institutions Code. Section
3200(b) of the Welfare and Institutions Code stipulates that a releasee
who has abstained from the use of narcotics and has otherwise abided by
the conditions of release for a period of rime as specified in that section
may be referred to the committing court for discharge consideration. If
the Narcoric Addict Evaluation Authority concurs in the opinion of the
Director that the releasee has met the requirements as set forth in Welfare
and Insututions Code Section 3200, it may file with the superior court of
the county in which the person was committed a certificate alleging such
facts and recommending to the court the discharge of the person from the
program. The Narcotic Addict Evaluation Authority or its designee shall
serve a copy of such certificate upon the district attorney of the county.
(c) Reporting Procedures. Once the releasee has met the requirements
for eariy discharge consideration, including testing requirements as spe-
cified by the Board, the Parole and Community Services Division shall
prepare a report within 10 days after the date the individual becomes eli-
gible and submit it to the Board for its consideration on the Parole and
Community Services Division hearing calendar.
(d) Notification to Releasee. Following the decision of the Board, the
Parole and Community Services Division shall notify the releasee of any
responsibilities which he may have until the court vacates the commit-
ment.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3200(a) and (b). Welfare and Institutions Code.
Page 297
Register 2000, No. 26; 6-30-2000
§5501
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
History
1 . Amendment filed 1 2-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of section headins and section filed 6-29-2000; operative
7-29-2000 (Register 2000, No. 26).
§ 5501 . Early Discharge of Individuals on Parole.
(a) Any person who has abstained from narcotics and has otherwise
complied with his conditions of parole for one year continuously, shall
be considered for early discharge by the Narcotic Addict Evaluation Au-
thority. An individual whose commitment term is two years or less and
has complied with his conditions of release and parole cumulatively for
one year without interruption shall be considered for early discharge by
the Narcotic Addict Evaluation Authority. An individual whose commit-
ment term is more than two years and who has complied with his condi-
tions of release and parole cumulatively for sixteen months shall be con-
sidered for early discharge by the Narcotic Addict Evaluation Authority.
(b) Reporting Procedures. Once the civil addict parolee has met the re-
quirements for early discharge consideration, including testing require-
ments as specified by the Board, the Parole and Community Services Di-
vision shall prepare a report and submit it to the Narcotic Addict
Evaluation Authority for its consideration on the Parole and Community
Services Division hearing calendar within 30 days of the date the require-
ments were met.
(c) Notification to Civil Addict Parolee. Following the decision of the
Board, the Parole and Community Services Division shall notify the civil
addict parolee and advise him of any responsibilities which he may have
until the court vacates the commitment.
(d) Notification to the Committing Court. In the event the Narcotic Ad-
dict Evaluation Authority discharges the civil addict parolee, the Direc-
tor of Corrections or the Director's designee shall refer the person to the
committing court(s) for further proceedings on the original criminal
charges.
NOTE: Authority cited: Section 3156, Welfare and Institutions Code. Reference:
Section 3201(c), Welfare and Institutions Code; and Sections 3000 and 3001. Pe-
nal Code.
History
1. Repealer and new section filed 12-7-82 as an emergency; effective upon filing
(Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment filed 6-29-2000; operafive 7-29-2000 (Register 2000. No. 26).
§ 5502. Expiration of Commitment.
See Section 3201 of the Welfare and Institutions Code regarding the
Director of Corrections' responsibility relative to discharge upon the ex-
piration of commitment to the Civil Addict Program.
NOTE: Authority cited: SecUon 3156, Welfare and Institudons Code. Reference:
SecUon 3201, Welfare and Institutions Code.
History
1 . Repealer and new section filed 1 2-7-82 as an emergency; effective upon filing
(Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
§ 5503. Exclusion from the Civil Addict Program.
Only the Director of Corrections or the Director's designee has the au-
thority to exclude a person from the Civil Addict Program. (See Sections
3053 and 3109 of the Welfare and Institutions Code.)
NOTE: Authority cited: Section 3156, Welfare and InstituUons Code. Reference:
Sections 3053 and 3109, Welfare and Institutions Code.
History
1 . New section filed 12-7-82 as an emergency; effective upon filing (Register 83,
No. 2). A Certificate of Compliance must be transmitted to OAL within 120
days or emergency language will be repealed on 4—6-83.
2. Certificate of Compliance filed 2-3-83 (Register 83, No. 6)
* * *
Page 298
Register 2(KX), No. 26; 6-30-2(X)0
.A.
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 6. Commission on Correctional Peace Officer Standards
and Training
Vol. 20
THOIVISOrj
*
WEST
Barclays Official California Code of Regulations
50 California Street • Nineteenth Floor • San Francisco, CA 941 1 1
800-888-3600
Title 15
Commission on Correctional Peace Officer Standards and Training
Table of Contents
Division 6. Commission on Correctional Peace Officer Standards and Training
Table of Contents
Page
Page
Article 1.
General
§ 6000.
Definitions.
§6001.
Responsibilities of the Comniission
on Correctional Peace Officer
Standards and Training.
§ 6002.
Voting.
§ 6003.
Executive Board.
Article 2.
Local Apprenticeship
Subcommittees
§ 6010.
Membership.
§6011.
Responsibilities of the Local
Apprenticeship Subcommittees.
Article 3.
Apprentices
§ 6020.
Apprentices.
§6021.
Apprentice Responsibilities.
§ 6022.
Terms of Apprenticeship.
§ 6023.
Apprenticeship Agreements.
§ 6024.
Wages and Benefits.
§ 6025.
Program Credits for Prior
Experience.
§ 6026.
Apprenticeship Ratio.
§ 6027.
Apprentice Assignment
Restrictions.
§ 6028.
Related and Supplemental
Instruction.
300
300
§ 6029.
Article 4.
§ 6030.
Article 5.
§ 6040.
§ 6041.
Article 6.
§ 6050.
Article 7.
§ 6060.
§6061.
§ 6062.
§ 6063.
Article 8.
§ 6070.
303
Apprenticeship Work Processes.
Journeypersons
Return from
Separation/Remediation.
First-line Supervisors 303
First-line Supervisors'
Apprenticeship Responsibilities.
First-line Supervisors'
Apprenticeship Training.
Apprenticeship Program
Coordinators 304
Apprenticeship Program
Coordinators' Responsibilities.
Nondisciplinary
Controversies 304
Appeals.
Appeals to the Local Apprenticeship
Subcommittees.
Second Level Appeals.
Third Level Appeals.
Layoffs 305
Layoffs.
Page i
Title 15
Commission on Correctional Peace Officer Standards and Training
§ 6001
Division 6. Commission on Correctional
Peace Officer Standards and Training
Article 1. General
§ 6000. Definitions.
The following arc definitions of terms as used in these regulations.
(a) Acting Position is defined as a work assignment with duties and re-
sponsibilities outside those of the job classification to which the appren-
tice has been appointed. It is not an appointment to a "training and devel-
opment" position. Typically, it is a temporary assignment for an
unspecified period of time.
(b) Apprentice means California Correctional Peace Officer appren-
tice, unless otherwise specified. Correctional Peace Officer apprentice
means a person at least 2 1 years of age, who is engaged in learning a des-
ignated trade as a Correctional Peace Officer, and who has entered into
a written apprenticeship agreement under the provisions of the standards
contained in these regulafions and the Memorandum of Understanding
(MOU). All persons newly appointed to rank and file Correcfional Peace
Officer classifications are apprendces, including less than fuU-fime em-
ployees.
(c) Authorized Personnel means the In Service Training (1ST) Manag-
er and Assistant Training Manager, 1ST clerical support, the Local Ap-
prenticeship Subcommittee (LAS), the employing department manage-
ment and supervisory staff, the apprentice or the apprenUces' authorized
representative to review only the apprentice's own personal apprentice-
ship and training files, the Division of Apprenticeship Standards (DAS)
consultant/personnel. Veterans Affairs personnel, the Commission on
Correctional Peace Officer Standards and Training (CPOST) committee
members and their alternates, CPOST advisors. Departmental Appren-
ticeship Coordinators, and Compliance Review team members.
(d) Commission means the Commission on Correctional Peace Offi-
cer Standards and Training (CPOST) as defined in Penal Code Section
13600.
(e) Employing Department means the California Department of
Corrections (CDC) or the California Department of the Youth Authority
(CYA).
(f) Employing Department Apprenticeship Coordinator means the
personnel designated by CDC. CYA, and the California Correctional
Peace Officer Associafion (CCPOA) to act as a coordinator for the opera-
tion of the Apprenticeship Program.
(g) First-Line Supervisor means an employee in a Correcfional Peace
Officer classification that supervises Correctional Peace Officer appren-
Uces and joumeypersons.
(h) First Watch means night shift. It encompasses a shift in which at
least four (4) or more hours of the scheduled work shift fall immediately
before 6:00 a.m.
(i) Joumeyperson means all employees who are in a Correcfional
Peace Officer rank and file classificaUon, who have successfully com-
pleted the appropriate apprenticeship program, or who were grandfath-
ered as joumeypersons before January 1 , 1 990, for that classificaUon pur-
suant to the MOU.
(j) Limited/Light Duty means assignment to a work position that is
consistent with the employee's temporary medical restricUons as deter-
mined by the treaUng physician.
(k) Local Appoinfing Authority means Warden, Superintendent, Pa-
role Regional Administrator or designee.
(/) Local Apprenticeship Subcommittee (LAS) is a standing commit-
tee of the CPOST. Its responsibilifies and funcfions are spelled out in
these regulations and as further defined by the CPOST.
(m) Management means personnel designated by the CDC and the
CYA to represent their organizations.
(n) MOU means the collecUve bargaining agreement between the stale
of California and the CCPOA.
(0) Out-of-Class Assignment means the same as "Acting Postion".
(p) Out-of-Class Service means periods of work of 1 5 to 1 20 consccu-
Uve days, which are worked outside the classification to which the em-
ployee is assigned.
(q) PeUtioner means the party submitting an appeal, which can be an
individual apprentice, a joumeyperson, a first-line supervisor, a group
of such employees, the local chapter of the CCPOA. the Departmeni of
Industrial Relafions, Division of Apprenticeship Standards, or the local
appointing authority or designee.
(r) Qualifying Month means one month credit granted towards the
completion of the apprenticeship program for every month in which an
apprentice forwards to the LAS his/her LAS approved DAS 103-A form
(ApprenUce Record Book. Rev. 3-89).
(s) Qualifying Pay Period means either full-time employment with at
least 1 1 working days in a pay period or intermiUent (hourly) employ-
ment with at least 160 hours worked in a pay period.
(t) Related and Supplemental Instmction means any classroom
instmction, training or education in subjects related to the correctional
peace officer trade. Such instmction may be given to an employee in a
classroom setfing provided by a department, community college or high
school district, or by a correspondence course of equivalent value or oth-
er forms of self-study approved by CPOST.
(u) Second-Line Supervisor means a supervisor two steps/ranks high-
er in the direct promotional line of the apprentice.
(v) Second Watch means day shift. It encompasses those shifts in
which more than four of the work hours fall between 6:00 a.m. and 2:00
p.m.
(w) Secured Workstation means an area in a correcfional facility com-
pletely enclosed by any combination of metal bars, chain link, safety
glass, concrete, or the equivalent, with a controlled entrance and exit, en-
suring the occupants' safety.
(x) Third Watch means evening/swing shift. It encompasses those
shifts in which the employee works four or more hours of the shift falling
after 2:00 p.m.
(y) Training and Development Assignment means a formal appoint-
ment to a work assignment outside the scope of an employee's appointed
classificafion, as defined by the State Personnel Board. It is usually for
a set period of fime, not to exceed two years.
(z) Work Site means the apprenfice's assigned facihty, which is not an
academy.
Note: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3075 and 3077, Labor Code.
History
1. New division 6 (articles 1-8, sections 6000-6070), article 1 (sections
6000-6003) and section filed 7-1 4-2000; operative 8- 1 3-2000 (Register 2000,
No. 28).
§ 6001 . Responsibilities of the Commission on
Correctional Peace Officer Standards and
Training.
The major responsibilifies of the Commission on Correcfional Peace
Officer Standards and Training (CPOST) are to:
(a) Develop, adopt, repeal, and amend regulations to govern all aspects
of the CPOST program.
(1) Notify the ApprenUceship Coordinator, each Local Apprentice-
ship Subcommittee, and the Division of Apprenticeship Standards con-
sultant of CPOST decisions, amendments to procedures, and changes to
guidelines.
(2) Oversee each LAS.
(b) Establish and oversee training and education cerUficate programs.
(c) Establish and maintain CPOST required files and records, and
oversee the employing department's CPOST record system for appren-
ticeship training, related and supplemental instmction, and education.
(d) Respond to, advise, and confer with the Legislature, the employing
deparUnents, the California Correctional Peace Officers Association,
and the federal and/or State oversight agencies.
Page 299
Register 2000, No. 28; 7-14-2000
§6002
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(e) CPOST shall not exercise any authority to hire any particular per-
son into an apprenticeship classification, nor shall it exercise responsibil-
ity lor imposing discipline or rejection on probation upon any individual
apprentice. The individual participating departments shall maintain their
separate authority to hire, discipline, or reject on probation, the individu-
al employee, subject to the State Personnel Board's authority in such
matters. If an apprentice is subjected to discipline or rejection on proba-
tion by his/her department, neither the CPOST Executive Committee nor
the apprentice's LAS shall cancel the apprentice's Apprenticeship
Agreement until the apprentice has exhausted his/her appeal rights
through the State Personnel Board and any subsequent court action.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3075, 3076 and 3076.3, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6002. Voting.
A quorum for the Commission on Correctional Peace Officer Stan-
dards and Training Executive Board decision making purposes consists
of at least two management commissioners and two commissioners from
the California Correctional Peace Officers Association.
NOTE: Authority cited: Secdon 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6003. Executive Board.
(a) The Commission on Correctional Peace Officer Standards and
Training (CPOST) shall be comprised of members pursuant to Penal
Code (PC) Section 13600.
(b) The CPOST officers shall be elected from the Executive Board
members for a two-year term.
(c) The CPOST commissioners serve four-year terms until succeeded
by their respective organization or upon resignation pursuant to PC Sec-
tion 13600.
NOTE: Authority cited: Secdon 1 3600, Penal Code. Reference: Section 1 3600, Pe-
nal Code; and Secdons 3075 and 3076, Labor Code.
History
1. New secdon filed 7-14-2000; operadve 8-13-2000 (Register 2000, No. 28).
Article 2. Local Apprenticeship
Subcommittees
§6010. Membership.
(a) Each employing department shall have a Local Apprenticeship
Subcommittee (LAS):
(1) Each California State Prison.
(2) Each Parole Region.
(3) Each California Youth Authority (CYA) facility.
(4) Each CYA camp where apprentices are employed.
(b) Each LAS shall have two regular voting members, one appointed
by management and one appointed by the California Correctional Peace
Officers Association (CCPOA). The appointed members shall be active
employees of the local appointing authority. The management represen-
tative shall be the Chairperson and the CCPOA representative shall be the
Secretary. The California Department of Corrections' management rep-
resentative shall hold a classification of Lieutenant/Parole Agent II or
higher. The CYA management representative shall be a training officer
or the CYA's designee.
(c) Management and CCPOA shall each appoint one alternate member
who, when their regular voting member is absent, shall fill in for and vote
in place of the regular member. CDC's management alternate member
shall hold a classification level of Sergeant/Parole Agent II or higher. The
CYA' s management alternate shall be a training officer or the local ap-
pointing authority's designee.
(d) A quoruin for LAS meetings requires the presence of one regular
or alternate manageinent member and one regular or alternate CCPOA
member.
(e) Management and CCPOA shall each have one vote on the LAS.
Decisions of the LAS require a unanimous vote. If the vote on an issue
is not unanimous, either the Chairperson, the Secretary, the local appoint-
ing authority, the CCPOA, or the affected employee inay appeal the mat-
ter.
(f) The LAS shall have standing advisory members and may have ad
hoc advisors. Neither standing advisory members nor ad hoc advisors
shall have a vote as advisors to the LAS.
( 1 ) Standing advisory members shall consist of the institutional or re-
gional personnel officer, the training officer, a consultant from the De-
partment of Industrial Relations' Division of Apprenticeship Standards,
and the Personnel Assignment Lieutenant (if not already a member of the
LAS).
(2) Ad hoc advisors may be a local community college education advi-
sor, and/or other individuals the LAS decides are important to have in an
advisory capacity.
NOTE: Authority cited: Secdon 1 3600, Penal Code. Reference: Secdon 1 3600, Pe-
nal Code.
History
1. New article 2 (secdons 6010-6011) and secdon filed 7-14-2000; operative
8-13-2000 (Register 2000, No. 28).
§ 601 1 . Responsibilities of the Local Apprenticeship
Subcommittees.
The following are responsibilities of each Local Apprenticeship Sub-
committee (LAS):
(a) Ensure that the local Apprenticeship Program follows the Commis-
sion on Correctional Peace Officer Standards and Training regulations,
procedures, policies, standards, and decisions.
(b) Review and evaluate each apprentice's progress and compliance
with CPOST standards.
(c) Allow for reasonable access to apprenticeship training files by au-
thorized personnel.
(d) Terminate apprenticeship agreements and notify the Division of
Apprenticeship Standards in writing within 30 days when an apprentice:
(1) Separates from State service;
(2) Transfers to another classification;
(3) Completes the program; or
(4) Is rejected during probation, dismissed, or demoted, subject to ap-
peal.
(e) In conjunction with the first line supervisor, propose a plan for re-
mediation when an apprentice is not in compliance with the Apprentice-
ship Program as stated in Section 6021(c) of these regulations.
(f) Maintain local apprenticeship training files.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076, 3076.3 and 3078, Labor Code.
History
1. New secdon filed 7-14-2000; operadve 8-13-2000 (Register 2000, No. 28).
Article 3. Apprentices
§ 6020. Apprentices.
(a) All employees of the California Department of Corrections (CDC)
and the California Department of the Youth Authority (CYA) who enter
a rank and file Correctional Peace Officer job classification are appren-
tices, unless they have already attained journey person status in the same
classification accepted by the Commission on Correctional Peace Officer
Standards and Training (CPOST). A Correctional Peace Officer appren-
tice who moves from one apprenticesMp classification to another appren-
ticeship classification that does not have the same apprenticeship re-
quirements shall become an apprentice in the new job classification,
regardless of whether he/she had attained journey level in the previous
classification.
(b) The Correctional Peace Officer job classifications requiring ap-
prenticeship are:
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§6025
( 1 ) Correctional Officer;
(2) Correctional Counselor I;
(3)Parole AgentI, CDC;
(4) Parole Agent I, CYA (Institution and Field);
(5) Medical Technical Assistant, CDC and CYA;
(6) Casework Specialist, CYA;
(7) Youth Correctional Counselor, CYA;
(8) Youth Correctional Officer. CYA; and
(9) Correctional Fire Fighter.
(c) An employee employed in an acting position, an out-of-class as-
signment, or a training and development assignment, shall not be inden-
tured into the apprenticeship program for that new position.
NOTH: Authority cited: Section 13600, Penal Code. Reference: Section 13600, Pe-
nal Code; and Section 3078, Labor Code.
History
1. New article 3 (sections 6020-6029) and section filed 7-14-2000; operative
8-13-2000 (Register 2000. No. 28).
§ 6021 . Apprentice Responsibilities.
(a) Each apprentice shall sign an apprenticeship agreement indentur-
ing the apprentice to the Commission on Correctional Peace Officer
Standards and Training (CPOST).
(b) Each apprentice shall comply with the CPOST regulations,
CPOST operating procedures and decisions of the CPOST, Local Ap-
prenticeship Subcommittees (LAS), and the employing department.
Each apprentice shall satisfactorily perform and complete all work and
learning assignments, including both on-the-job and related and supple-
mental instruction.
(c) An apprentice who fails to meet the apprenticeship standards and
requirements for continuing employment, as defined by the CPOST or
the employing department, may be subject to rejection on probation or
discipline pursuant to the Memorandum of Understanding or Govern-
ment Code Section 19572.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Section 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6022. Terms of Apprenticeship.
(a) The Apprenticeship Program requires the completion of a mini-
mum of 3,600 hours in the respective work processes as shown in Section
6029 of these regulations, and a minimum of 24 qualifying months of on-
the-job training. Credits may be awarded by the Local Apprenticeship
Subcommittee to reduce the term of apprenticeship in accordance with
Section 6025. Apprentices are required to complete the academy for the
job classification, if one exists, but neither the time spent at the academy,
nor time spent in any supplemental training counts towards the 3,600
hours of on-the-job training.
(b) The apprentice must successfully pass probation as defined by the
State Personnel Board for the apprentice's classification and the Memo-
randum of Understanding.
(c) Overtime hours worked by the apprentice shall be credited to the
appropriate work process category, but shall not reduce the two-year on-
the-job training requirement.
(d) Duties performed within a limited/light duty function shall not
count towards the 3,600 work process hours except to the degree the ap-
prentice is successfully performing the work process hours of a Correc-
tional Peace Officer.
(e) Each Apprenticeship Program shall be divided into 4 periods, each
consisting of a minimum of 900 hours of on-the-job training, or 6 quali-
fying pay periods, whichever is longer.
(0 Duties performed that are not identified as part of the apprentice's
classification shall not be counted as part of the apprendce's work pro-
cess credits.
NOTE; Authority cited; Section 13600. Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6023. Apprenticeship Agreements.
(a) Each apprenticeship agreement shall conform to the provisions of
Labor Code, Section 3078. The agreement shall be signed by the appren-
tice, the Chairperson or designee, the employing department's Appren-
ticesliip Coordinator or Local Apprenticeship Subcommittee (LAS) rep-
resentative, and the Department of Industrial Relations' Division of
Apprenticeship Standards' (DAS) representative.
(b) Each apprentice shall have an approved apprenticeship agreement
on file with the DAS and the LAS.
(c) If the employing department is unable to fulfill its obligations to
train under any apprenticeship agreement, or in the event of a layoff, the
CPOST may, with the approval of the Director of the Department of In-
dustrial Relations, transfer an individual apprenticeship agreement to
any other employing department if the apprentice consents and the re-
ceiving employing department agrees to assume the obligation of the ap-
prenticeship agreement.
(d) An apprenticeship agreement may be terminated by the LAS or the
CPOST upon written request of the apprenfice, the employing depart-
ment, or by the LAS on its own inidative. The apprentice shall be pro-
vided an opportunity to appear and provide testimony before the LAS,
prior to actual terminadon of the apprendceship agreement. The LAS
shall immediately terminate the apprendceship agreement if the appren-
fice does not appeal the employment termination in the manner specified
in State Personnel Board rules and regulations and Sections 605 1 and
6052 of these reguladons. When an appeal is filed, the termination shall
not be finalized until all appeals have been completed.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3078 and 3079, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6024. Wages and Benefits.
(a) An apprenfice shall not be paid less than the percentages and rates
contained in the current Memorandum of Understanding (MOU). Some
State employees may enter an apprenfice classificadon at a higher rate of
pay than the entry level. These exceptions may also affect pay step in-
creases.
(b) Advancement from one apprendceship range to another, or from
one pay step to another, shall be based upon satisfactory progress pur-
suant to the MOU and in completion of all of the requirements of the Ap-
prendceship Program established for that classificafion pay level, the
recommendafion of the Local Apprenficeship Subcommittee (LAS), and
approval of the apprendce's local appoindng authority. An apprentice
shall receive periodic performance/salary reviews by the apprendce's su-
pervisor(s), in accordance with the MOU. The apprentice shall be eligi-
ble for a salary increase as specified in the MOU if the apprentice receives
an overall rating of standard or above. Apprentices who are rated less
than standard in any category may be requested to appear before the LAS.
The LAS shall consider the review(s) in making its recommendation to
the local appoinfing authority.
(c) If the apprenficeship agreement for an apprenfice is suspended, the
apprenfice' s salary shall be frozen at their current level throughout the
length of the suspension.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operaUve 8-13-2000 (Register 2000, No. 28).
§ 6025. Program Credits for Prior Experience.
(a) An apprenfice whose agreement is terminated prior to completion
of the apprenficeship program, and who seeks to enter a new apprentice-
ship program in the same classificafion, may be granted apprenticeship
credit by the Local Apprenficeship Subcommittee (LAS) for the previous
apprenticeship time served under the following conditions:
(1) The prior experience is within the same apprenticeship classifica-
tion;
(2) The break in service was less than three years in duration; or
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§6026
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
(3) The apprentice submits documentation to the LAS to support the
request for program credits.
(b) If an apprentice is called to military duty, his/her apprenticeship
agreement will be put in suspense for the duration of such duty, to be acti-
vated upon the apprentice's return to the apprenticeship classification.
(c) The LAS shall not grant apprenticeship credit to an apprentice with
a brealc in service of over three years. The LAS shall refer the matter to
the Commission on Correctional Peace Officer Standards and Training
(CPOST) Executive Board, which may grant credit for the prior service.
The apprentice shall submit documentation to the CPOST Executive
Board to support the request for program credits. The LAS shall submit
copies of all documents relevant to the appeal to the CPOST within 10
working days of receiving notification of the appeal.
(d) The LAS shall not grant apprenticeship credit for prior work expe-
rience while the apprentice was in an acting position for less than 1 5 con-
secutive days.
(e) The LAS may grant apprenticeship credit for out-of-class service,
if the work was performed in a CPOST apprenticeable classification.
(f) The LAS shall enroll every limited term employee working in a
CPOST apprenticeship classification. The LAS may grant up to full ap-
prenticeship credit to the employee for the limited term work experience.
(g) The LAS may give credit for apprenticeship experience earned in
the Department of Corrections and the Department of the Youth Author-
ity for apprentices transferring between employing departments, to the
extent that the work processes overlap. If the LAS has insufficient basis
to make the credit decision, the LAS may forward the request to the
CPOST Executive Board for determination of allowable credit.
(h) Credit for prior peace officer experience in law enforcement agen-
cies other than those specified in Section 6029 shall be referred to the
CPOST Executive Board.
(1) The apprentice must apply for credit in writing to the CPOST.
(2) The application must be filed within 30 days of the employee's
work site hire date.
(3) The apprentice has 90 days from the work site hire date to submit
supporting documentation confirming the validity of the prior education
and/or work experience.
(4) Applicants will receive a response in writing within 30 days of the
next CPOST meeting following receipt of the completed supporting doc-
umentation.
(5) A maximum of 12.5 percent credit may be applied towards
completion of the Apprenticeship Program.
Note; Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6026. Apprenticeship Ratio.
(a) The ratio of apprentices to the appropriate classification of jour-
ney-level persons, first-line supervisors, and those second-line supervi-
sors who are responsible for training apprentices, shall be no greater than
one-to-one.
(b) A Local Apprenticeship Subcommittee (LAS) shall immediately
notify the employing department's local appointing authority and the
Commission on Correctional Peace Officer Standards and Training when
it has been determined that there is noncompliance with the apprentice-
ship ratio in Section 6026(a). The LAS shall work with the local appoint-
ing authority, within the provisions of the Memorandum of Understand-
ing, to correct the noncompliance.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Secrions 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6027. Apprentice Assignment Restrictions.
(a) No apprentice shall be assigned to work at a camp where there is
no on-duty or immediately available joumeyperson, first-line supervi-
sor, or second-line supervisor in the camp.
(b) During the first six months of apprenticeship, apprentices should
not be assigned to work first watch housing units unless assigned to a se-
cured workstation.
(c) No first-year apprentice shall be assigned to work in a housing unit
by him/herself during second or third watch. If a first-year apprentice is
assigned to work in a housing unit during second or third watch, there
shall be a second-year apprentice, joumeyperson, first-line supervisor,
or second-line supervisor assigned to the housing unit.
(d) No apprentice shall be assigned to a position outside the scope of
the Apprenticeship Program.
(e) If an apprentice is given an out-of-class training and development
(T&D) assignment to any other classification, the apprentice's current
apprenticeship shall be suspended, pending the apprentice's return to the
original classification.
(f) If an apprentice is given a T&D assignment to an apprenticeable
classification, the apprentice shall not be indentured into the second Ap-
prenticeship Program unless the first Apprenticeship Program is can-
celed.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000. No. 28).
§ 6028. Related and Supplemental Instruction.
Apprentices shall satisfactorily complete at least 144 hours per year or
288 hours in two years of related and supplemental instruction.
NOTE; Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3074, 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6029. Apprenticeship Work Processes.
Each apprentice is required to spend at least a total of 3,600 hours per-
forming tasks within all work process categories combined, and at least
24 qualifying months of experience as stated in Section 6022. The ap-
prentice shall complete at least the minimum number of hours specified
below in each individual work process category.
(a) Correctional Officer (California Department of Corrections
[CDC]) Work Processes (2,400 hours):
( 1 ) Maintain Security 1 ,000 hours.
(2) Supervision of Inmates/Noncustody 800 hours.
(3) Escorting/Transporting 200 hours.
(4) ReportWriting/Recordkeeping/ Communications 200 hours.
(5) Additional Experience covering other activities
related to being a Correctional Officer, but not covered
under the other work processes 200 hours.
(b) Correctional Counselor I (CDC) Work Processes (2,403 hours):
(1) Inmates Classification 1,054 hours.
(2) Report Writing 224 hours.
(3) General Counseling 402 hours.
(4) General Casework 483 hours.
(5) Court Order Service 42 hours.
(6) Additional Experience covering other activities
related to being a Correctional Counselor I, but not covered
under the other work processes 198 hours.
(c) Parole Agent I (CDC). Adult Parole (2,400 hours):
(1) Supervision of Parolees 600 hours.
(2) Report Writing/Record Keeping 500 hours.
(3) Investigations 600 hours.
(4) Arrests 400 hours.
(5) Additional Experience covering other activities related
to being a Parole Agent I. but not covered under the other
work processes 300 hours.
(d) Medical Technical Assistant, CDC (2,400 hours):
(1) Administration of Medical Treatment 700 hours.
(2) Hospital/Clinic Procedures 700 hours.
(3) Maintains Security and Discipline 300 hours.
(4) Escorting/Transporting 150 hours.
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$ 6041
(5) Supervision of Inmates and Special Handling of
Unusual Inmates 200 hours.
(6) Report Writing/Record Keeping 150 hours.
(7) Additional Experience covering other activities
related to being a Medical Technical Assistant, but not
covered under the other work processes 200 hours.
(e) Medical Technical Assistant, CYA (2,120 hours):
( 1 ) Searching and Securing 50 hours.
(2) Escorting and Transporting 100 hours.
(3) Supervising Wards 400 hours.
(4) Supervising Non-Ward Movements and Visitors 50 hours.
(5) Writing Reports and Correspondence 150 hours.
(6) Crisis Intervention 50 hours.
(7) Hospital Procedures/Medical Treatment 1,300 hours.
(8) Additional Assignments covering other activities
related to being a Medical Technical Assistant, but not
covered under the other work processes 20 hours.
(f) Firefighter. Correctional Facility (3,440 hours):
( 1 ) Supervising Inmates 300 hours.
(2) Report Writing/Record Keeping/ Correspondence 400 hours.
(3) Orientation to Institution Programs 200 hours.
(4) Firefighter Safety 400 hours.
(5) Fire Apparatus, Driver/Operator 500 hours.
(6) Firefighting Equipment 900 hours.
(7) Fire Prevention/Investigation. Inspection 300 hours.
(8) Fire Command/Management 200 hours.
(9) Emergency Care of Sick and Injured 240 hours.
(g) Parole Agent I, CYA (Institution), (2,370 hours):
(1) On-the-job and Formalized Training to Youth
Correctional Counselors 200 hours.
(2) Monitor Casework Function of Youth
Correctional Counselors 500 hours.
(3) Participate in Case Conferences 300 hours.
(4) Prepare Cases for and Present Cases to the Youthful
Offender Parole Board 250 hours.
(5) Counsel Wards in Personal, Institutional, and
Family Problems 200 hours.
(6) Participate in Wards Rights Processes 100 hours.
(7) Searching and Securing 50 hours.
(8) Escorting and Transporting 50 hours.
(9) Supervising Wards 100 hours.
(10) Crisis Intervention 100 hours.
(11) Writing Reports and Correspondence 500 hours.
(12) Additional Experience covering other activities
related to being an institutional Parole Agent, but not
covered under the other work processes 20 hours,
(h) Parole Agent I, CYA (Field), (2,350 hours):
( 1 ) Supervision of Parolees 900 hours.
(2) Service Provision including employment,
educational, and vocational assistance to parolees,
counseling for parolees and their families, and assistance
to crime victims 450 hours.
(3) Report Writing/Record Keeping 250 hours.
(4) Investigations/Case Conference Youthful Offender
Parole Board (YOPB) 550 hours.
(5) Additional Experience covering other activities
related to being a field Parole Agent, but not covered
under the other work processes 200 hours.
(i) Youth Correctional Counselor, CYA (2,1 10 hours):
(1) Security and Operations 250 hours.
(2) Escorting and Transporting Wards, Equipment, and
Evidence 100 hours.
(3) Supervision of Groups and Individuals
(Wards and Public) 1 ,050 hours.
(4) Writing and Recordkeeping 350 hours.
(5) Professional Development 60 hours.
(6) Casework 300 hours,
(j) Youth Correctional Officer, CYA (2.1 10 hours):
(1) Security and Operations 250 hours.
(2) Escorting and Transporting Wards. Equipment, and
Evidence 100 hours.
(3) Supervision of Groups and Individuals
(Wards and Public) 1 ,050 hours.
(4) Writing and Recordkeeping 350 hours.
(5) Professional Development 60 hours.
(6) Casework 300 hours,
(k) Casework Specialist, CYA (2.770 hours):
(1 ) Casework Planning and Management 1.000 hours.
(2) Counseling/Crisis Intervention 500 hours.
(3) Prepare and Present Cases to the YOPB 300 hours.
(4) Writing Reports and Correspondence 800 hours.
(5) Safety and Security of Facilities and Wards 100 hours.
(6) Ward Rights Processes 50 hours.
(7) Additional Experience covering other activities
related to being a Casework Specialist, but not covered
under the other work processes 20 hours.
NOTE; Authority cited: Section 13600, Penal Code. Reference: Sections 13600
and 13601, Penal Code; and Sections 3076 and 3078, Labor Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
Article 4. Journeypersons
§ 6030. Return from Separation/Remediation.
Once an employee has attained journeyperson status, they shall re-
main a journeyperson. The Director or designee may require a journeyp-
erson returning from separation or remediation to take remedial or sup-
plemental courses. If a journeyperson has been employed outside the
employee's Correctional Peace Officer journeyperson classification for
more than three years, the employee may be required to attend and pass
the academy training relevant to the job classification pursuant to Penal
Code Section 832.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Section 1 3601 , Pe-
nal Code; and Sections 3076 and 3078, Labor Code.
History
1 . New article 4 (section 6030) and section filed 7-14-2000; operative 8-1 3-2000
(Register 2000, No. 28).
Article 5. First-line Supervisors
§ 6040. First-line Supervisors' Apprenticeship
Responsibilities.
Each first-line supervisor, as a part of the training and supervision of
apprentices, shall:
(a) Review each apprentice's daily record sheet, DAS 103-A (Ap-
prentice Record Book, Rev. 3-89).
(b) In conjunction with the Local Apprenticeship Subcommittee, pro-
pose a plan for remediation when an apprentice is not in compliance with
the Apprenticeship Program as stated in 6021(c) of these regulations.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Section 1 360L Pe-
nal Code; and Sections 3076 and 3078, Labor Code.
History
1. New article 5 (sections 6040-6041) and section filed 7-14-2000; operative
8-13-2000 (Register 2000, No. 28).
§ 6041 . First-line Supervisors' Apprenticeship Training.
Each first-line supervisor, as a part of mandated training pursuant to
state and federal statutes and regulations and procedures, shall complete
Apprenticeship Program related and supplemental training.
(a) Apprenticeship Program related training.
(b) Performance appraisal system training.
Note: Authority cited: Secfion 13600, Penal Code. Reference: Section 13601 . Pe-
nal Code.
History
1. New section filed 7-14-2000; operafive 8-13-2000 (Register 2000, No. 28).
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§6050
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Article 6. Apprenticeship Program
Coordinators
§ 6050. Apprenticeship Program Coordinators'
Responsibilities.
The following are responsibilities of each employing agency's Ap-
prenticeship Program Coordinator:
(a) Maintain copies of all Local Apprenticeship Subcommittees'
(LAS) minutes and forward copies to the Commission on Correctional
Peace Officer Standards and Training (CPOST) and the Division of Ap-
prenticeship Standards (DAS);
(b) Act as a standing advisory member to the CPOST;
(c) Advise the local appointing authority or designee regarding
CPOST Apprenticeship Program requirements;
(d) Act as an advisor and trainer to the LAS;
(e) Provide program support in conducting compliance reviews of
each department's apprenticeship program;
(f) Act as liaison between the employing agency, the CPOST and the
DAS;
(g) Forward correspondence to the CPOST and/or the DAS; and
(h) Maintain copies of apprenticeship agreements and other required
documentation.
(i) Provide a copy of the CPOST Regulations, Operating Procedures
and Apprenticeship Standards to each apprentice before indenture.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Section 13601, Pe-
nal Code.
History
1 . New article 6 (section 6050) and section fded 7-14-2000; operative 8-13-2000
(Register 2000, No. 28).
Article 7. Nondisciplinary Controversies
§ 6060. Appeals.
(a) Nondisciplinary controversies, disputes, or differences concerning
programs under the Commission on Correctional Peace Officer Stan-
dards and Training (CPOST) involving the interpretation, application, or
enforcement of the regulations and operating procedures of the CPOST
shall be resolved in accordance with this article. An apprentice may ap-
peal a denial of a pay step increase by the local appointing authority in
accordance with State law or the Memorandum of Understanding. Com-
plaints filed under the purview of the Department of Industrial Relations'
Division of Apprenticeship Standards shall be pursued according to the
California Code of Regulations, Title 8, Division 1 , Chapter 2, Sections
201 through 203. Nondisciplinary controversies, disputes, or differences
not identifying a CPOST program, shall be returned to the sender, or re-
ferred to the employing department or labor union for response.
(b) The petifioner may choose his/her own representative or legal
counsel who will serve at the petitioner's expense.
NOTE: Authority cited: Section 1 3600, Penal Code. Reference: Section 13601, Pe-
nal Code; and Section 3081, Labor Code.
History
1. New article 7 (sections 6060-6063) and section filed 7-14-2000; operative
8-13-2000 (Register 2000, No. 28).
§ 6061. Appeals to the Local Apprenticeship
Subcommittees.
(a) A formal petition shall be filed by a petitioner within 10 working
days after the acUon, event, or circumstances occasioning the petition;
within 10 working days of an alleged violation of the Commission on
Correctional Peace Officer Standards and Training (CPOST) regulations
or operating procedures; or within 10 working days of when knowledge
of the action, event, circumstances, or alleged violation should have been
acquired.
(b) The formal petifion shall be in writing, and shall be filed with the
Local Apprenticeship Subcommittee (LAS).
(c) The LAS shall meet with the petitioner prior to responding to the
pedfion. In the case where the petitioner is a group, the LAS may meet
with a representative of the group.
(d) Within 10 working days after receipt of the formal written petition,
the LAS shall act upon the petition and respond in writing to the petitioner
as the first level of response. Decisions at this level shall be considered
nonprecedential unless otherwise specified by the CPOST.
(e) A copy of the petition and decision of the LAS shall be attached and
incorporated into the minutes of the LAS.
NOTE: Authority cited: Section 1 3600, Penal Code. Reference: Section 1 3601 , Pe-
nal Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6062. Second Level Appeals.
(a) A petitioner may appeal the decision rendered by the Local Ap-
prenticeship Subcommittee (LAS), pursuant to Section 6070, to the local
appointing authority or their designee within 10 working days after re-
ceipt of the decision.
(b) The formal petition shall be in writing and the petitioner shall for-
ward copies of all relevant documentation to the local appointing author-
ity or their designee.
(c) Within 10 working days of receipt of the appeal by the local ap-
pointing authority, the LAS shall forward all documents relevant to the
petition and their first level response to the local appointing authority.
(d) The local appointing authority or their designee, if requested by the
petitioner, shall meet with the petitioner prior to responding to the peti-
tion.
(e) The local appointing authority or their designee shall meet with the
LAS prior to responding to the petition.
(f) Within 10 working days after receipt of the appealed petition, the
local appointing authority or their designee shall act upon the petition and
respond in writing to the petitioner as the second level of response. Deci-
sions at this level shall be considered nonprecedential unless otherwise
specified. If specified precedential, then the decision shall only be prece-
dential for that local appointing authority.
(g) A copy of the petition and decision of the local appointing authority
shall be forwarded to the LAS and incorporated into the minutes of the
LAS.
NOTE; Authority cited: Section 13600, Penal Code. Reference: Section 13601, Pe-
nal Code.
History
1. New section filed 7-14-2000; operative 8-13-2000 (Register 2000, No. 28).
§ 6063. Third Level Appeals.
(a) A petitioner may appeal the decision rendered by the local appoint-
ing authority pursuant to Section 6070 to the Commission on Correction-
al Peace Officer Standards and Training (CPOST) within 10 working
days after receipt of the decision. The appeal shall be submitted to the
CPOST Executive Board, in care of the CPOST Executive Director' s of-
fice. Appeals shall be sent registered or certified mail, return receipt re-
quested, or with a proof of service of mailing. The petitioner shall for-
ward copies of all relevant documentation to the CPOST Executive
Board.
(b) The Local Apprenticeship Subcommittee, within 10 working days
of receipt of the appeal to the CPOST Executive Board, shall forward co-
pies of all relevant documentation to the CPOST Executive Board.
(c) The CPOST Executive Board shall respond in writing to the peti-
tioner within 45 working days after receipt of the appeal.
Note: Authority cited: Section 13600, Penal Code. Reference: Section 13601, Pe-
nal Code.
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Register 2000, No. 28; 7-14-2000
Title 15
Commission on Correctional Peace Officer Standards and Training
§6070
History agreement shall remain in effect unless canceled by the Director of Indus-
1 . New section filed 7-14-2 000; operative 8-13-20 00 (Register 2000, No. 28). trial Relations or his Division of Apprenticeship Standards designee.
NOTE: Authority cited: Section 13600, Penal Code. Reference: Section 13601 . Pe-
nal Code.
History
§ 6070. Layoffs. l.Newarticle8(section6070)andsectionfiled7-14-2000;operative8 -13-2000
Article 8. Layoffs
If for any reason a layoff of an apprentice occurs, the apprenticeship
(Register 2000, No. 2^
Page 305
Register 2000, No. 28; 7-14-2000
JIL
Barclays Official
California
Code of
Regulations
Title 15. Crime Prevention and Corrections
Division 7. Youth and Adult Correctional Agency
Vol. 20
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Barclays Official California Code of Regulations
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Title 15
Youth and Adult Correctional Agency
Table of Contents
Division 7. Youth and Adult Correctional Agency
Table of Contents
Page
Page
Chapter 1 . California Department of
Corrections and Rehabilitation —
Conflict of Interest Code 307
§ 7001. General Provisions.
Appendix A 307
Appendix B 309
Page i
Title 15
Youth and Adult Correctional Agency
§ 7001
Division 7.
Youth and Adult Correctional
Agency
Chapter 1. California Department of
Corrections and Rehabilitation — Conflict of
Interest Code
§ 7001. General Provisions.
The Political Reform Act (Government Code Sections 81000, et seq.)
requires each state agency to adopt and promulgate a financial Conflict
of Interest Code. The terms of the standard financial Conflict of Interest
Code adopted as a regulaUon (Title 2. Cal. Code of Regulations (CCR),
Section 18730) by the Fair Political Practices Commission (FPPC). and
any duly adopted amendments by the Commission are hereby incorpo-
rated by reference in accordance with the option afforded by subsection
18730(a). The provisions of this regulation and the attached Appendices
in which officials and employees are designated and disclosure catego-
ries set forth constitute the statement of economic interests Conflict of
Interest Code of the Department of Corrections and Rehabilitation.
Designated employees and consultants shall file statements of eco-
nomic interests with the department and the department will make the
statements available for public inspection and reproduction. Upon re-
ceipt of the statements of the Secretary, as well as of all board and com-
mission members, designees (alternates) and ex-officio members, the
department shall make and retain a copy and forward originals of these
statements to the FPPC. Statements of all other designated employees of
the department shall be retained by the department and made available
for public inspection and reproducfion.
NOTH: Authority cited: Sections 12838.5, 87300 and 87302, Government Code;
and Section 5058. Penal Code. Reference: Sections 87300, 87302 and 87306,
Government Code; and Section 5054, Penal Code.
History
1 . New division 7 (chapter 1, section 7001 and Appendix) filed 4-15-81 ; effective
thirtieth day thereafter. Approved by Fair Political Practices Commission
1-12-81 (Register 81, No. 16).
2. Change without regulatory effect amending section filed 8-23-91 pursuant to
section 1 00, title I , California Code of Regulations. Submitted to OAL for print-
ing only (Register 91, No. 51).
3. Amendment of chapter 1 heading, section and appendix filed 1 1-30-95; opera-
tive 12-30-95. Submitted to OAL for printing only. Approved by Fair Political
Practices Commission 10-4-95 (Register 95, No. 48).
4. Amendment of appendix filed 7-14-2000; operative 8-13-2000. Approved by
Fair Political Practices Commission 2-1-2000 (Register 2000, No. 28).
5. Amendment of chapter heading and section and redesignation and amendment
of appendix as appendices A (designated positions) and B (disclosure catego-
ries) filed 7-12-2006; operative 8-1 1-2006. Approved by Fair Political Prac-
tices Commission 5-24-2006 (Register 2006, No. 28).
Appendix A
Desi)inated Position (Statutoiy or Workin;^ Title) Disclosure Categories
CONFLICT OF INTEREST DESIGNATED POSITIONS
Secretary/Chief Executive Officer 1
Staff Assistant to the Secretary 3
Undersecretary 1
Staff Assistant to the Undersecretary 3
Consultants(s)* 1 *
Adult Operations
Chief Deputy Secretary 1
Director, Division of Adult Institutions 1
Deputy Director 1
Staff Assistant, Chief Deputy Secretary 3
Staff Assistant to the Director 3
Associate Directors, Division of Adult Institutions 1
Associate Director, Adult Operations Support 1
Chief, Community Correctional Facility 3
Chief, Women and Children Services 3
Designated Position (Statutory or Working Title) Disclosure C 'iitcgorics
Regional Administrators, Institutions 3
Adininistrator/Chief, Food Services 3
Chief, Field Operations Support 3
Chief, Transportation 3
Director, Division of Adult Parole Operations 1
Deputy Director, Adult Parole Operations 1
Associate Director, Adult Parole and Community Services 1
Staff Services Manager II 3
Chief Deputy Administrator 3
Parole Administrator 3
Mental Health Program Director 3
Deputy Regional Administrator 1
Chief Psychiatrist 3
Senior Psychologist 3
Psychologist (Clinical) (inclusive) 3
Staff Psychiatrist, Correctional Facility (inclusive) 3
Staff Services Manager I 3
Parole Administrator I/II 3
Consultant(s) 1 "
Adult Programs
Chief Deputy Secretary, Adult Programs 1
Staff Assistant to the Chief Deputy Secretary 3
Director, Division of Community Partnerships 1
Director, Division of Education,
Vocafions & Offender Programs I
Director, Division of Correctional Health Care Services 1
Administrative Assistant to the Director 3
Deputy Director of Behavioral Services 1
Deputy Director, Academic & Vocational Education 1
Deputy Director, Clinical Operations 1
Deputy Director, Health Care Administration Operations 1
Chief, Office of Substance Abuse Programs 3
Chief, Fiscal & Business Management 2
Clinical Program & Policy Coordination Manager 3
Deputy Director, Clinical Policy & Programs I
Chief Physician and Surgeon 3
Chief Dentist 3
Chief Psychiatrist 3
Chief Psychologist 3
Pharmacy Service Manager 3
Statewide Director of Nursing 3
Chief Medical Officer (CMO), Public Health 3
CMO, Clinical — Standards & Services 3
Clinical Program Support & Evaluation Manager 3
Chief, Field Management Section 3
Regional Medical Directors 1
Chief Medical Officers (all institutions) 3
Chief Psychiatrist (all institutions) 3
Chief Psychologists (all institutions) 3
Pharmacists (all institutions) 3
Correctional Health Services Administrators (all institutions) 3
Consultant(s) 1 *
Juvenile Justice Division
Chief Deputy Secretary 1
Staff Assistant to the Chief Deputy Secretary 3
Director, Juvenile Facilities 1
Assistant Director, Juvenile Facilities 1
Director, Juvenile Programs 1
Director, Juvenile Parole Operations 1
Medical Director 1
Youth Authority Administrator 3
Program Administrator/Institutions & Camps Business Manager ... 3
Juvenile Justice Food Administrator 3
Parole Agent III (Program Specialists) 3
Staff Services Manager II (Branch Business Manager) 3
Regional Administrators, Parole Services &
Community Corrections 3
Deputy Regional Administrators 3
Parole Agent III (Program Specialists, Regional Headquarters) .... 3
Supervisory Parole Agents 3
Associate Director/Superintendent of Education 1
Assistant Superintendent of Education 1
Page 307
Register 2006, No. 28; 7-14-20()f.
§7001
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 15
Designated Position (Statiitoiy or Working Title) Disclosure Categories
Assistant Chief of Education 1
Site Principals 3
Consultant(s) 1*
Division of Support Sen'ices
Director, Support Services 1
Facilities Management
Deputy Director. Facilities Management 1
Special Assistant to the Deputy Director 2
Chief Deputy Warden, Security Operations &
Maintenance Branch 1
Correctional Administrator. Security Operations 1
Procurement and Services Officer 2
Correctional Plant Managers 2
Staff Services Manager III, Facility Maintenance &
Technical Section 2
Assistant Deputy Director, Day Labor &
Professional Services 1
Chief, Material & Technical Services 2
Staff Services Manager I/II 3
Program Equipment Manager 3
Associate Construction Analyst 3
Associate Business Services Analyst 3
Staff Services Analyst/Associate Governmental
Program Analyst(s) 3
Business Services Officer I 3
Business Services Assistant 3
Chief, Inmate Day Labor 2
Construction Supervisor I/II/III 2
Equipment Maintenance Supervisor 2
Staff Serv. Analyst/Assoc. Gov. Program
Analyst/Assoc. Construction Analyst 2
Chief, Arcliitectural/Engineering 2
Supervising Electrical Engineer 2
Supervising Mechanical Engineer 2
Supervising Civil Engineer 2
Supervising Architect 2
Associate/Senior Architect 2
Associate/Senior Civil Engineer 2
Associate/Senior Electrical Engineer 2
Associate/Senior Mechanical Engineer 2
Chief, Telecommunications Branch 1
Manager, Field Operations 2
Telecommunications Systems Managers 3
Telecommunications Systems Analyst 3
Radio. Telecommunications Systems Managers 3
Radio, Telecommunications Systems Analyst 3
Manager, Program Support 2
Fiscal & Special Projects Manager 3
Contracts & Procurement Manager 3
Assistant Deputy Director, Project Planning,
Finance & Management 1
Branch Chief, Project Services & Management Branch 2
Project Director 1
Supervising Construction Engineer 2
Senior Architect 2
Branch Chief, Facility Planning & Finance Branch 1
Chief, Capital Outlay Section 2
Capital Outlay Analyst 2
Chief, Energy Management Section 2
Energy Resource Specialist 3
Chief, Financial and Project Support Section 2
Staff Information Systems Analyst 3
Infrastructure Planning Manager 3
Project Support Manager 3
Contract/Fiscal Analyst 3
Supervising Environmental Planner 2
Managers, Facility Leasing & Maintenance Section 3
Managers, Business & Support Services Section 3
Analysts, Facility Leasing & Maintenance Section 3
Analyst, Business & Support Services Section 3
Consultant(s) 1 *
Designated Position (Statiitoiy or Working Title) Disclosure Categories
Budget Management
Deputy Director. Fiscal
Management Services 1
Chief, Office of Budget Management 1
Chief, Business Information Systems 1
Consultant(s) 1 *
Business Sen'ices
Correctional Business Manager 2
Correctional Plant Manager 2
Chief Engineer 2
Procurement and Services Manager 3
Office of Contract Services. Associate Director 1
Chief, Institutional Medical Contracts 3
Chief, Institutional Service Contracts 3
Chief, Service Contracts Section 3
Manager, Institution Medical Contracts Unit 3
Manager, Institufion Service Contracts Unit 3
Manager, Service Contracts Section 3
Manager, Construction Contract and Bid Packages Unit 3
Contract Analysts 3
Office of Business Management Branch, Associate Director 1
Chief, Facility Leasing & Maintenance Section 2
Chief, Business and Support Services 3
Business Services Officer I/II/III 3
Business Services Assistant 3
Consultant(s) I *
Himian Resources
Deputy Director, Human Resources 1
Associate Director, Human Resources 1
Chief, Office of Personnel Services 1
Section Chief, Technical Support and Employee Discipline 3
Chief. Office of Executive Recruitment & Program Management . . 1
Chief Learning Officer. Office of Training &
Professional Development 1
Chief, Training Development and Support Services 3
Correctional Administrator, Gait 1
Correctional Business Administrator, Gait Facility 1
Parole Training Administrator 1
Chief, Office of Workforce Planning & Selection 1
Chief, Office of Peace Office Recruitment 1
Chief, Office of Employee Wellness 1
Consultant(s) 1 *
Offices of the Department
Assistant Secretary, Office of
Civil Rights 1
Assistant Secretary, Public & Employee
Communications/Press Secretary 1
Deputy Press Secretary 1
Correctional Plant Manager 1
Procurement Services Officer I 1
Assistant Secretary, Office of Legislation 1
General Counsel, Legal Affairs 1
Chief Deputy General Counsel 1
Assistant Chief Counsel 1
Senior Staff Counsel 1
Staff Counsel 1
Chief Information Officer/Assist. Sec. Enterprise
Information Services 1
Data Processing Manager IV 3
Data Processing Manager III 3
Annual Information Management Strategy Planner 3
Senior Programmer Analyst (Supervisor) 3
Senior Information Systems Analyst (Supervisor) 3
Data Processing Manager II 3
Contract Analyst 3
Systems Software Specialist II (Supervisory) 3
Assistant Secretary, Office of Labor Relations 1
Chief, Office of Labor Relations 1
Labor Relations Manager 3
Assistant Secretary, Internal Affairs 1
Assistant Secretary, Office of the Ombudsman 1
Ombudsman 1
Page 308
Register 2006, No. 28; 7-14-2006
Title 15
Youth and Adult Correctional Agency
§ 7(H) 1
Desi}>nate(l Position (Statutory or Workiii}^ Title)
Disclosure Categories Designated Position (Statutory or Working Title)
Disclosure Cufcf^ories
Assistant Secretary, Office of Research
Assistant Secretary. Office of Victim and Survivor
Rights & Services
Assistant Secretary, Office of Correctional Safety
Assistant Secretary, Office of Audits and Comphance
Assistant Secretary, Office of Policy Analysis and Planning
Chief, Adult Policy Analysis and Planning
Chief, Juvenile Policy Analysis and Planning
Grants Administrator
Assistant Secretary, Office of Risk Management
Chief, Office of Environmental Health & Safety 3
Chief, Disability Management Section 3
Assistant Secretary, Office of Health Care Policy 1
Consultant(s) 1 *
Individual Institutions/Facilities (Adult)
Warden 1
Chief Deputy Warden 1
Associate Warden (Correctional Administrators) 3
Correctional Plant Manager 1, II 2
Correctional Business Manager I, II 2
Procurement and Services Officer I, II 3
Prison Canteen Manager I, II 3
Business Services Manager I, II 3
Correctional Food Manager I, II 3
Consultant(s) 1 *
Individual Institutions/Facilities (Juvenile)
Superintendent 1
Assistant Superintendent 1
Program Administrator (Camp Superintendent) 3
Treatment Team Supervisor (Camp Assistant Superintendent) 3
Business Manager II 3
Business Services Officer (all levels) 3
Chief Dentist 3
Dentist 3
Chief Medical Officer 3
Physician & Surgeon 3
Chief Engineer 3
Chief of Plant Operations (all levels) 3
Chief of Security 3
Culinary Arts Instructor — Delta Room 3
Culinary Arts Instructor — Feast Room 3
Food Manager 3
LAN Manager 3
Materials and Stores Supervisor (Canteen) 3
Procurement and Services Officer (all levels) 3
Program Administrator (Business Manager) 3
Supervisor of Building Trades 3
Training Officer I and II 3
Youth Authority Administrator (Business Administrator) 3
Consultant(s) 1*
Prison Industry Authority
General Manager 1
Chief, Assistant General Manager 2
Prison Industry Administrator 2
Prison Industry Manager 3
Chief, Accounting Services 3
Chief, Budget Service 3
Cliief, Business Service 3
Service Contract Manager 3
Business Services Officer I 3
Assistant General Manager 3
Branch Manager-Furniture 3
Branch Manager-Metal/Services 3
Branch Manager-Consumables 3
Sales Manager 3
Branch Manager-Marketing Services 3
Manager-Marketing & Business Analysis 3
Chief, Human Resources Division 3
Chief, Office of Public Affairs 3
Chief, Information Systems 3
Consultant(s) 1*
Board of Parole Hearings
Commissioner 1
Executive Officer 1
Chief Deputy Commissioner 3
Associate Chief Deputy Commissioner 3
Deputy Commissioner/Board Representative 3
Chief, Investigations 3
Chief, Offender Screening 3
Chief, Policy & Appeals 3
Staff Services Manager I, Fiscal/Business Services 3
Staff Services Manager I, Scheduling/Decision Processing Unit ... 3
Staff Services Manager I, ADA Compliance Unit 3
Consultant(s) 1 "
Corrections Standards Authority
Board Member(s) ** 1
Executive Director 1
Deputy Director, Standards & Training for Corrections 1
Deputy Director, Corrections Planning & Programs 1
Deputy Director, Facilities Standards & Operations Division 1
Field Representatives 3
Consultant(s) I'-''-
Prison Industry Board
Board Members(s) ** 1
Consultant(s) 1 "
State Commission on Juvetvie Justice
Member, Juvenile Justice Commission** 1
Consultant(s) 1 *
Appendix B
Disclosure Categories
Category I.
Employees shall report all interests in real property in the State of
California, as well as investments, business positions and sources of in-
come, including gifts, loans and travel payments.
Category 2.
Employees shall report all investments and business positions in busi-
ness entities and sources of income including gifts, loans and travel pay-
ments, that engage in land development, construction, or acquisition or
sale of real property, and interests in real property located within Califor-
nia, which within the last two years has been, or the employee knows or
has reason to know, will be rented or leased by the Department of Correc-
tions and Rehabilitadon or in any way may profit the individual by De-
partment of Corrections and Rehabilitation use.
Category 3.
Employees shall report all investments and business positions in busi-
ness entities and sources of income, including gifts, loans and travel pay-
ments, that may contract with the designated employee's immediate of-
fice, division or branch to provide goods, equipment, machinery or
services, including training or consulting services, of the type utilized by
the Department of Corrections and RehabiHtation.
* Consultants:
*Consultants shall be included in the list of designated employees and
shall disclose pursuant to the broadest disclosure category in the code
subject to the following limitation;
The chief execudve officer/Secretary of the agency may determine in
wriung that a particular consultant, although a "designated position," is
hired to perform a range of duties that is limited in scope and thus is not
required to fully comply with the disclosure requirements in this section.
Such written determination shall include a description of the consultant's
duties and, based upon that description, a statement of the extent of dis-
closure requirements. The chief executive officer's/Secretary of the
agency'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.
Page 309
Register 2006, No. 28; 7-14-2006
§7001 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 15
** Any person holding tliis position who is already filing a statement warded to the FPPC will not have to file an additional statement under
with full disclosure and statewide jurisdiction and that statement is for- the provisions of this Conflict of Interest Code.
Page 310 Register 2006, No. 28; 7-14-2006
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