Director's Rules and Regulations, for Correctional Writing Class "Corrections 41"
Index:
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 be immediately placed in custody at a jail or secure
perimeter facility pending disposition of the charges.
3004. Rights and Respect of Others.
Inmates and parolees have the right to be treated respectfully, impartially, and fairly by all employees. Inmates and parolees have the responsibility to treat others in the same manner. Employees and inmates may use first names in conversations with each other when it is mutually acceptable to both parties.
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.
Inmates, parolees and employees will not subject other persons to any form of discrimination because of race, religion, nationality, sex, political belief, age, or physical or mental handicap.
3005. Conduct
Inmates and parolees shall obey all laws, regulations, and local procedures, and refrain from behavior which might lead to violence or disorder or otherwise endangers facility, outside community or another person.
Obeying Orders. Inmates and parolees must promptly and courteously obey written and verbal orders and instructions from department staff, and from employees of other agencies with authorized responsibility for the custody and supervision of inmates and parolees.
Force and Violence. Inmates shall not willfully commit or assist another person in the
commission of a violent injury to any person or persons, including self mutilation or attempted
suicide, nor attempt or threaten the use of force and violence upon another person. Inmates shall
not willfully attempt to incite others, either verbally or in writing, or by other deliberate action,
to use force or violence upon another person.
3006. Contraband.
Inmates may process only the personal property, materials, supplies, items, commodities and substances, to the maximum quantity, received or obtained from authorized sources, as permitted in the institution's procedures. Possession of contraband as defined in section 3000 may result in disciplinary action and confiscation of the contraband.
Dangerous Property. Inmates may not possess or have under their control any weapon, explosives, explosive making material, poisons or any destructive devices, nor shall they possess or assist in circulating any writing or voice recording which describes the making of any weapons, explosives, poisons, or destructive devices.
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.
Except as authorized by the institution head, inmates shall not possess or have under their control any matter which contains or concerns any of the following:
Any matter of a character tending to incite murder; arson; riot; or any form of violence or physical harm to any person, or any ethnic, gender, racial, religious, or other group.
Blackmail or extortion.
Contraband, or sending or receiving contraband.
Plans to escape or assist in an escape.
Plans to disrupt the order, or breach security, of any facility.
Plans for activities which violate law, these regulations, or local procedures.
Coded messages.
A description of the making of any weapon, explosive, poison or destructive device.
Illustrations, explanations, and/or descriptions of how to sabotage or disrupt computers, communications, or electronics.
Diskettes.
Catalogs, advertisements, brochures, and materials 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 other scientific value.
Maps depicting any area within a ten mile radius of a facility.
Gambling or a lottery.
Markings on the envelope which are obscene in nature as described in section (15) below.
Obscene material and mail containing information concerning where, how, or from whom obscene material may be obtained.
Obscene material means material taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest; and is material which taken as a whole, depicts or describes sexual conduct; and which, taken as a whole, lacks serious literary, artistic, political, or scientific value.
When it appears from the nature of the matter or the circumstances of its dissemination, distribution, or exhibition that it appeals to deviant sexual groups.
Material subject to the tests in paragraph (A) or (B) includes, but is not limited to material that:
Depicts, displays, or describes penetration of the vagina or anus, or contact between the mouth and the genitals.
Depicts, displays, or describes bestiality, sadomasochism, or an excretory function including urination, defecation, or semen.
Portrays the nudity of a minor, or person who appears to be under 18 years old.
Portrays conduct, which appears non-consensual behavior.
Portrays conduct, which is or appears to be forceful, threatening, or violent.
Portrays conduct where one of the participants is a minor, or appears to be under 18 years old.
Material that is reasonably deemed to be a threat to legitimate penological interests.
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 the staff to the degree necessary to eliminate the threat.
3007. Sexual Behavior.
Inmates may not participate in illegal sexual acts. Inmates are specifically excluded in laws,
which remove legal restraints from acts between consenting adults. Inmates must avoid
deliberately placing themselves in situations and behaving in a manner which is designed to
encourage illegal sexual acts.
3008. Obscenity.
Inmates may not openly or publicly display photographs, pictures, drawings, or other pictorial
representations of persons engaged in sexual acts, actual or simulated, masturbation, excretory
functions or lewd exhibitions of the genitals which are obscene as defined in section 311 of the
Penal Code.
3009. Gambling.
Inmates may not participate in any form of gambling or bookmaking.
3010. 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 persons and institution security.
3011. State Property.
Inmates shall not intentionally destroy, damage, deface, alter or misuse state property. To do so
shall be cause for disciplinary action and the inmate may be charged for the cost of repair or
replacement. Intentional destruction of state property may result in a credit loss as specified in
"credit forfeiture of 121-150 days" Section 3323(d)(5) or "credit forfeiture of 31-60 days" 3323(g)(1) of these regulations. Intentional destruction in
excess of four hundred dollars may result in criminal prosecution and an additional term of
imprisonment in addition to any credit lost as a result of the disciplinary action.
3012. Theft.
Inmates may not obtain anything by theft, fraud or dishonesty.
3013. Unlawful Influence.
Inmates may not attempt to gain special consideration or favor from other inmates, employees,
institution visitors or any other person by use of bribery, threat or other unlawful means.
3014. Calls and Passes.
Inmates must respond promptly to notices given in writing, announced over the public address
system, or by any other authorized means.
3015. Unauthorized Areas and Facility Boundaries.
Every area of a facility which is out of bounds to inmates or which is out of bounds at specified times shall be clearly designated. Inmates shall not enter such areas unless specifically authorized to do so by staff.
Inmates assigned to a work detail or project off their facility's property shall not go beyond the geographical limits established by their staff escort.
Except as provided in sections 3080 through 3083, Title 15, California Code of Regulations,
inmates shall not travel past the boundaries of a facility unless escorted by authorized staff.
Inmates shall not be escorted from a facility except in an emergency or when authorized for the
purpose of a work or project assignment, transfer to another facility, or temporary community
leave or removal.
3016. Stimulants, Sedatives and Controlled Medications.
Inmates may not use, possess, exchange, manufacture, or have under their control any substance
or paraphernalia related to use of such substance, which produces intoxication, stimulation or
depression, or is a medication controlled by the institution, except as specifically authorized by
the facility's health care staff.
3017. Responsibility for Counts.
Inmates must be present at the designated times and places for counts, and must present
themselves for count in the manner set forth in the institution procedures.
3018. Telephones.
Inmates may not use institution telephones or public coin operated telephones located on
institution property except as specifically authorized and as described in "Use of Telephones by Inmates." section 3282. An inmate must identify himself or herself as an
inmate when answering or making an inter-institution telephone call.
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 identification
card or cards at the request of any employee. Unless a card is being officially recalled, the
card(s) will be promptly returned to the inmate when staff's use of the card has been
accomplished. An inmate may be charged for replacement of a deliberately mutilated, lost or
destroyed card in accordance with State Property" section 3011. An
inmate may also be charged for replacement of a card if a physical change in the inmate's
appearance is a matter of his or her own choice and the change occurs within six months of the
issue of a new or replacement card. An inmate will not be charged for replacement of a card
because of a physical change in the inmate's appearance over which the inmate has no control.
3021. Falsification or Records or Documents
Inmates and parolees must not intentionally enter or introduce false information into or upon any
record or document maintained by the Department of Corrections. Inmates and parolees must
not destroy, delete, remove or otherwise intentionally cause any record or document maintained
by the Department of Corrections to be a false or incomplete record or document by reason of
such action.
3188. Smoking Policy.
The terms below are defined for the purposes of this section:
Smoke or Smoking means the inhaling, exhaling, burning, or carrying of any lit cigarette, cigar, pipe, or smoking paraphernalia used for consuming the smoke of tobacco or any other burning product.
Residential Space means the private living areas of staff. Residential Space does not include the living areas of inmates or family visiting areas.
Prison Yard means the general population housing unit/reception center recreational yards, or other housing unit recreation yards where smoking is not otherwise prohibited, e.g., Administrative Segregation/Security Housing Units.
Facility means any building, areas of any building, or group of buildings owned, leased, or utilized by the Department. This shall include, but not limited to, institutions, community correctional centers, work furlough centers, and restitution centers.
No person shall smoke within 5 feet of any entrance/exit to, nor within the interior of, any building or the security perimeter of any facility, with the following exceptions:
Residential spaces of staff.
In areas designated by each institution head for the purpose of religious ceremonies as specified.
In addition to (b), no person shall smoke in any area that may pose a safety or security risk, e.g., within the fire hazardous areas.
Except as provided in (b) and (c), staff may smoke in an area of a facility.
Except as provided in (b) and (c), inmates shall only be allowed to smoke in the prison yards as defined in (a)(3) and in those areas designated in (b)(2).
Signs shall be posted in those prison yard areas within the security perimeters not designated for smoking and any other areas of a facility not designated for smoking, along with a citation of the authority requiring such prohibition.
No person shall smoke in any vehicle that is state owned or leased by staff.
3274. Inmate Count and Movement.
Inmate count. Every institution head shall maintain a system to account at all times for inmates under their jurisdiction. A physical count of all inmates shall be taken at least four times during each calendar day unless otherwise authorized in writing by the director. No inmate activity shall be scheduled at a time, which would disrupt a facility count.
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.
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 unit, except in a medical emergency or other exception specifically authorized by the official in charge.
Inmate movement. Each facility shall establish a schedule of routine movement to and from the facility's activities and assignments such as work and education, and gym or exercise yard.
Appointments. A CDC Form 129 (Rev. 7/88). Inmate Pass, shall be issued an inmate approved for movement to a scheduled non-routine appointment. Medical service and case work appointments shall not be scheduled during an inmate's work or program hours unless an inmate can not otherwise obtain the service or case work.
Unscheduled movement. If unscheduled movement of an inmate is necessary, such movement shall not take place unless the inmate s escorted by staff, or a pass has been issued by staff authorizing the movement.
Routine movement. A gate pass shall be maintained for each inmate assigned to work outside a facility's security area. The gate pass shall:
Not be handled by any inmate.
Include the inmate's identification photo, name, CDC number, housing assignment, custody designation, assignment requiring the gate pass, effective date of the pass, times the inmate is authorized to pass through the gate, and the signature of a facility official authorized to approve gate passes.
Be rescinded by staff at the level of correctional lieutenant or higher, pending a classification committee review whenever:
A hold or detainer against an inmate's release, or notice thereof, is received by the facility.
Staff determines from the inmate's behavior that the inmate may require increased supervision.
Staff receives information indicating an inmate's increased escape potential.
Lockdown. Facility procedures governing the restriction of inmate movement during lockdown shall be established and updated daily during any lockdown.
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 direct and
constant supervision of staff.
3282. Use of Telephones by Inmates.
For the purpose of this section:
An "emergency call" means a telephone call regarding the serious illness or injury, or the death of an inmate's immediate family member.
A "confidential call" means a telephone call between an inmate and his/her attorney.
An "inmate telephone" means a telephone designated solely to accommodate inmate-originated non-confidential personal calls.
An "intra-facility telephone" means a telephone, which is not capable of direct-dial connections to telephones outside a facility.
A "prison telephone" means a telephone that is capable of outside access and is not monitored or recorded.
Facilities shall provide inmate telephones for use by the general population inmates. Inmates may place collect telephone calls to persons outside the facility at designated times and 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 time delay which results from the TDD delay process.
An inmate shall not:
Use an intra-facility telephone except as specifically required or authorized by staff.
Use a telephone capable of direct-dial connection with a public telephone system, except as authorized by staff.
Charge a call to a credit card.
Place a third party call.
Ask the operator for an emergency interruption.
Place a call to an "800," "900," "976," "911," "411," or other special service number. Inmates that have need to utilize the (1-800) TDD or relay service shall notify the correctional staff to facilitate the (1-800) TDD call.
Place a call to an inmate at any other facility.
Place calls to victims, peace officers, or other persons who have made an official request not to receive telephone calls.
Place a confidential call over an inmate telephone.
Knowingly participates in a forwarded, transferred, or three-party call on an inmate telephone.
Except as provided above, no limitation shall be placed on the identities or relationships of persons to whom an inmate may place collect calls.
All inmates calls placed on the intra-facility and inmate telephones shall be subject to monitoring at any time by the institution staff and shall be recorded.
A conspicuous notice in English and Spanish shall be posted at each inmate telephone stating in both languages: "All numbers dialed and conversations on this telephone will be recorded and may be monitored without any further notice. By using this telephone, you agree to the monitoring and recording. It is your responsibility to notify the person called that their conversation and telephone number may be monitored and will be recorded." Staff who authorize an inmate to use an unposted telephone for a non-confidential call shall inform that inmate before the call is made regarding the notice of the monitoring/recording requirement.
If staff designated by the institution head determines that an incoming call concerns an emergency or confidential matter, the caller's name and telephone number shall be obtained and the inmate promptly notified of the situation. The inmate shall be permitted to place an emergency or confidential call either collect or by providing for the toll to be deducted from the inmate's trust account. A confidential call shall not be made from an inmate telephone and shall not be monitored.
Confidential calls may be approved on a case-by-case basis by the institution head or designee, only upon written request from an inmate's attorney on the attorney's office letterhead stationery. The date, time, duration, and place where the inmate will make or receive the call, and manner of the call are within the discretion of the institution head, except as restricted herein. A confidential call from an inmate shall be placed as a collect call or by providing for the toll to be deducted from the inmate's trust account and made from a prison telephone or, with appropriate authentication of the caller, may be received from an attorney.
It is within the discretion of the institution head, or his/her designee, to approve or deny a confidential call between an inmate and his/her attorney. A confidential call may be denied where the institution head or his/her designee determines that the normal legal mail or attorney visits were appropriate means of communication, and were not reasonably utilized by the inmate or attorney. Where demand for confidential calls seriously burdens institutional operations, the institution head, or his/her designee, shall prioritize confidential calls.
Calls to prison telephones between an inmate and clergy, other religious advisors, or health care professionals shall be approved or denied on a case-by-case basis by staff designated by the institution head.
Telecommunication Device for the Deaf (TDD) telephones shall be made available to inmates with a documented severe hearing impairment for personal, emergency, and confidential calls, which shall be subject to the provisions of this section.
Assistive device telephones and additional time on telephones may be necessary to provide accommodations for inmates and their callers with disabilities.
The facility shall provide for the procedures necessary to provide for effective telephone communications for inmates with disabilities and/or the disabled person(s) with whom they are communicating.
All calls made on the inmate telephones shall have an announcement both before and at random
intervals during the calls stating that the call is from an inmates at a California state correctional
facility and is being recorded.
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 judgement of a superior officer circumstances do not warrant such
action. Employees who observe the fight will prepare a written report stating clearly everything
they observed, and will submit this report to the disciplinary officer. The employee who renders
the report should, if possible, state who was the aggressor. The report will include the time,
place, names of participants, name(s) of the aggressor(s), the reason for the fight if it can be
ascertained, weapons used if any, names of witnesses, action taken if any, and recommendations
to prevent further recurrences.
3310. Definitions.
The following terms are defined for the purposes of this article:
Camp means the type of sub-facility of an institution which is normally located in a rural area and which has no secure (fenced or walled) perimeter. Camp inmates are generally assigned to conservation and/or road details.
Community-access facility means a facility located in the community, administered by the Parole and Community Services Division, where inmates have access to the community for work or training and which has no secure (fenced or walled) perimeter.
Community correctional facility means a facility located in the community, administered by the Parole and Community Services Division, where inmates do not have unsupervised access to the community and which has a secure (fenced) perimeter.
Experienced means a permanent employee at the designated level, certified by the chief disciplinary officer or designee as competent to serve as a senior hearing officer or hearing officer, as specified. Requirements for certification shall include in-service or on-the-job training in disciplinary procedures and observation of five serious/administrative disciplinary hearings. A probationary, limited term, or training and development employee at the designated level may be certified as experienced. Acting staff whose permanent position is at a level lower that that required shall not be assigned senior hearing officer/hearing officer responsibilities.
Facility means any institution; community-access facility or community correctional facility; or any camp or other subfacility of an institution under the jurisdiction of the department.
Institution means a large facility or complex of subfacilities with a secure (fenced or walled)
perimeter headed by a warden.
3312. Disciplinary Methods.
Inmate misconduct shall be handled by:
Verbal Counseling. Staff may respond to minor misconduct by verbal counseling. When verbal counseling achieves corrective action, a written report of the misconduct or counseling is unnecessary.
Custodial Counseling Chrono. When similar minor misconduct recurs after verbal counseling or if documentation of minor misconduct is needed, a description of the misconduct and counseling provided shall be documented on a CDC Form 128-A, Custodial Counseling Chrono. A copy of the completed form shall be provided to the inmate and the original placed in the inmate's central file. Disposition of any contraband involved shall be documented in the CDC Form 128-A.
Rules Violation Report. When misconduct is believed to be a violation of law or is not minor in nature, it shall be reported on a CDC Form 115 (Rev. 7/88) Rules Violation Report.
Unless an inmate charged with serious misconduct requires temporary administrative segregation pursuant to section 3335(b) pending adjudication of the disciplinary charges, the inmate may be retained in regularly assigned housing, work, and program assignments.
If the inmate is placed in segregated housing pending the disciplinary proceedings, the official making the housing decision shall ensure compliance with the provisions of article 7 of this subchapter.
Chief Disciplinary Officer Review of Disciplinary Actions. All methods and actions shall be reviewed by the chief disciplinary officer, who shall be the institution head or designee not below the level of correctional administrator or parole administrator 1.
The chief disciplinary officer shall affirm, reverse or modify the disciplinary action and/or credit forfeiture The chief disciplinary officer may order a different action, order a different method of discipline, dismiss the charge, order rehearing of the charge, or combine any of these actions.
Except upon discovery of information or evidence not available or reasonably discoverable at
the time of a disciplinary action, an order for a different method of discipline or for rehearing of
the charges shall not result in a greater penalty or more severe action than that originally taken.
3314. Administrative Rule Violations.
Inmate misconduct reported on a CDC Form 115 shall be classified administrative if:
The misconduct does not constitute a misdemeanor offense, except as provided for in (3) below.
It does not involve any of the following circumstances:
The use or threat of force or violence against another person.
A breach of hazard to the facility security.
A serious disruption of facility operations.
The introduction or possession of controlled substances or dangerous contraband.
Any felony offense.
Administrative rule violations include but are not limited to:
Theft, destruction, misuse, alteration, damage, or authorized acquisitions or exchange of personal or state property valued at $50 or less.
Possession or property, materials, items, or substances in excess of authorized limits, or possession of contraband other than controlled substances or dangerous contraband.
Misuse of food.
Out-of-bounds presenting no threat to facility security.
Misuse of telephone privileges presenting no threat to facility security.
Mail or visiting violations presenting no threat to facility security.
Failure to meet work or program expectations within the inmate's abilities.
Late for or absent without authorization from a work or program assignment.
Use of vulgar or obscene language.
Failure to follow an itinerary when on temporary community leave from a community-access facility.
Under the influence (use) of alcoholic beverages, drugs, or intoxicants in a community-access facility.
Administrative rule violations shall be heard by a disciplinary hearing officer not below the level of a correctional lieutenant, or an experienced correctional counselor 1, parole agent 1 or correctional sergeant.
The inmate does not have the right to call witnesses or to have an investigative employee assigned.
If deemed necessary by the hearing officer, the hearing shall be suspended and the inmate shall be provided staff assistance pursuant to section 3318(b)
The hearing officer may find the inmate guilty and order one or more of the following dispositions:
Counseling, with or without reprimand
Suspension of privileges specified by the hearing officer for no more than a 30-day period starting the date of the disciplinary hearing.
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 (5) or suspended confinement.
Assignment to no more than 40 hours of extra duty.
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.
Placement of a restriction or hold on the inmate's trust account for rule violations involving state or personal property as described in section 3190 when the inmate refuses to pay for the repair or replacement of such property or canteen.
Suspension of all or part of any disposition for up to 90 days based on the inmate's acceptance of and compliance with the conditions specified for the suspension of the disposition.
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.
The hearing officer 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 Disciplinary Methods."section 3312. In such cases the CDC Form 115 shall be processed pursuant to 3326.
The hearing officer may find the inmate not guilty and dismiss the charges.
The hearing officer 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 officer shall terminate the hearing and issue a serious CDC Form 115 to the
inmate.
3315. Serious Rule Violations.
Inmate misconduct reported on a CDC Form 115 shall be classified as serious if:
It is an offense punishable as a misdemeanor not specified as administrative in section "Administrative rule violations include but are not limited to:" 3314(a)(3) or is a felony, whether or not prosecution is undertaken.
It involves any one or more of the following circumstances:
Use of force or violence against another person.
A breach of or hazard to facility security.
A serious disruption of facility operations.
The introduction or possession of controlled substances or dangerous contraband.
An attempt or threat to commit any act listed in (A) through (D), coupled with a present ability to carry out the threat or attempt if not prevented from doing so.
Serious rule violations include but are not limited to:
Misconduct reportable to the inmate's releasing authority.
Theft, destruction, misuse, alteration, damage, unauthorized acquisition or exchange of personal or state property amounting to more than $50.
Hideout, preparation to escape, or possession of escape paraphernalia.
Tattooing or possession of tattoo paraphernalia.
Manufacture of alcohol or possession of any substance, unauthorized drug intoxicant, or illegal substance.
Being under the influence (use) of alcoholic beverages, controlled substances, unauthorized drugs or intoxicants in an institution, community correctional facility, or camp.
Possession of five dollars or more without authorization.
Acts of disobedience or disrespect which by reason of intensity or context create a potential for violence or mass disruptive conduct.
Willfully inciting others to commit an act of force or violence.
Refusal to perform work or participate in a program as ordered or assigned.
Recurring failure to meet work or program expectations within the inmate's abilities when lessor disciplinary methods fail to correct the misconduct.
Participation in a strike or work stoppage.
A pattern of administrative rule violations indicating significant maladjustment of increasing seriousness or of special significance because of an imminent release date.
Mail or visiting violations presenting a threat as described in (2) above.
Harassment of another person, group, or entity either directly or indirectly through the use of the mail or other means.
Throwing any liquid or solid substance on a non-prisoner.
Unauthorized possession of departmental records or documents which could effect any inmate's release status.
Refusal to submit to a test for controlled substances.
Participation in gambling.
Late return or failure to return from a temporary community release or leave.
Unauthorized possession of materials or substances which have been diverted or altered from the original manufactured state or purpose with the potential to be made into a weapon; explosive or explosive-making material; poison, caustic substance; any destructive device.
Self mutilation or attempted suicide for the purpose of manipulation.
Involvement in a conspiracy or attempt to do any of the above.
In addition to the disciplinary hearing, the inmate may be subject to segregation from the general population pursuant to sections 3312 and 3335 through 3345; and referral for prosecution when the misconduct is a criminal offense.
Hearing. Serious rule violations shall be heard at the senior hearing officer or higher level. A senior hearing officer shall not be below the level of a program administrator, correctional captain, correctional counselor III, parole agent III, or an experienced correctional lieutenant, correctional counselor II, or parole agent II.
An inmate shall be assigned an employee to assist in the investigation of matters pertaining to a disciplinary action when the chief disciplinary officer or designee determines the necessity based on the following criteria.
Investigative Employee.
An investigative employee, as described in section 3318(a), shall be assigned, within one working day after the serious rule violations charges have been submitted for processing when the chief disciplinary officer or designee determines that:
The complexity of the issues require further investigation.
The housing status makes it unlikely the charged inmate can collect and present evidence necessary for an adequate presentation of a defense.
A determination has been made that additional information is necessary for a fair hearing even if the inmate has waived the assignment.
Staff who witnessed or who will serve as a hearing official for a rule violation shall not serve as the investigative employee for that violation.
The inmate may not select the investigative employee, but may object to the one assigned, in which case, a second investigative employee shall be assigned to complete the investigation. The inmate's objection must be expressed prior to the beginning of the investigation.
Assignment of an investigative employee shall not preclude the assignment of a staff assistant.
Staff Assistant.
The inmate shall be assigned a staff assistant, as described in section 3318(b), to assist in the investigation, preparation, and presentation of a defense at the disciplinary if the chief disciplinary officer or designee determines:
The inmate is illiterate or non-English speaking.
The complexity of the issues are such that assistance is necessary so the inmate comprehends the nature of the charges or the disciplinary process.
The nature of the inmate's need for assistance requires a confidential relationship as described in subsection 3318(b)(2)(A).
An inmate may refuse to accept the first staff assistant at the time of asignment or at any time during the disciplinary process.
If the inmate refuses the staff assistant at the time of the initial assignment, a second staff assistant shall be assigned.
If the inmate refuses to accept the second staff assistant or withdraws acceptance of an assigned staff assistant, the assignment of another staff assistant shall not be required unless the chief disciplinary officer or designee determines that a fair hearing cannot be held without staff assistant.
Assignment of a staff assistant shall not preclude assignment of an investigative employee.
Witnesses. An inmate may request that friendly and adverse witnesses attend the hearing.
Requested witnesses shall be called unless the official conducting the hearing denies the request for one of the following reasons:
The appearance would endanger the witness.
The official determines that the witness has no relevant or additional information.
The witness is unavailable.
If an inmate's request for a witness is denied, the reasons shall be documented on the CDC Form 115.
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.
The reporting employee shall attend the disciplinary hearing if requested by the inmate.
Under the direction of the official conducting the disciplinary hearing, the inmate has the right to ask questions of all witnesses called.
Nothing in this section shall preclude making a witness available by telephone for a disciplinary hearing.
Disposition. Upon completion of the fact-finding portion of the disciplinary hearing, the inmate may be found:
Not guilty and the charges dismissed.
Guilty of an administrative rather than a serious rule violation. In such case, the CDC Form 115 shall be reclassified as administrative and the inmate may be assessed only a disposition authorized in section 3314.
Guilty as charged or guilty of an included serious rule violation and assessed a credit forfeiture pursuant to section 3323.
If the violation included an act related to the use , possession, sale, trafficking, or introduction of controlled substances, 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 a mandatory random drug testing for one year from the date of the order. The inmate shall be informed that refusal to submit to a random drug test or any positive test result during the mandatory random drug testing period shall result in the issuance of a CDC Form 115 and a new mandatory drug testing order.
The disposition may include assessment of one or more of the following:
Any combination of penalties authorized for administrative rule violations in section 3314(e).
Suspension of privileges specified by the hearing official for no more than a 90-day period starting the date of the disciplinary hearing.
Disciplinary detention or confinement to quarters as provided in sections 3330 and 3333 for not more than a ten-day period. If facility security will not be jeopardized, the inmate shall be released to attend work and program assignments.
Referral to a classification committee.
Suspension of all or part of dispositions other than credit forfeitures, ordered random drug testing and classification committee referrals, for up to six months based on the inmate's compliance with the conditions specified for suspension.
Imposition of all or part of an existing suspended disposition when the current rule violation is a violation of conditions specified in a suspended disposition. Imposition of a suspended disposition shall not include confinement to quarters or disciplinary detention for a period exceeding ten days except as provided in section 3322.
Classification Committee Review. Any serious disciplinary action requiring reconsideration of
an inmate's program or housing assignment, shall be referred to the next reasonably scheduled
classification committee for review. This review shall not occur until the chief disciplinary
officer's audit of the CDC Form 115 has been concluded. The classification committee shall
affirm or modify the inmate's program or housing assignment.
3321. Confidential Material.
The following types of information shall be classified as confidential:
Information which, if known to the inmate, would endanger the safety of any person.
Information which would jeopardize the security of the institution.
Specific medical or psychological information which, if known to the inmate, would be medically or psychologically detrimental to the inmate.
Information provided and classified confidential by another governmental agency.
Uses of specific confidential information.
No decision shall be based upon information from a confidential source, unless other documentation corroborates information from a source, or unless other circumstances surrounding the event and the documented reliability of the sources satisfies the decision maker(s) that the information is true.
Any documentation containing information from a confidential source shall include an evaluation of the source's reliability, a brief statement of the reason for the conclusion reached, and a statement of reason why the information or source is not disclosed.
The documentation given to the inmate shall include:
The fact that the information came from a confidential source.
As much of the information as can be disclosed without identifying its source including an evaluation of the source's reliability; a brief statement of the reason for the conclusion reached; and, a statement of reason why the information or source is not disclosed.
A confidential source's reliability may be established by one or more of the following criteria:
The confidential source has previously provided information which proved to be true.
Other confidential source have independently provided the same information.
The information provided by the confidential source is self-incriminating.
Part of the information provided is proven true.
The confidential source is the victim.
Filing confidential material.
Only case information meeting the criteria for confidentiality shall be filed in the confidential section of an inmate's/parolee's central file.
Proposed confidential documents shall be reviewed, signed, and dated by a staff person at the correctional counselor III, parole agent III, correctional captain, or higher staff level to indicate approval of the confidential designation and placement in the confidential section of the central file.
Classification committee shall review the material filed in the confidential folder of each case
considered. Any material not approved but designated confidential shall be removed from the
folder and submitted to the designated staff person for review and determination.
3323. Disciplinary Credit Forfeiture Schedule.
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 a term of either 15 or 25 years to life shall be assessed within the ranges specified in (b) through (h) below:
Division "A-1" offenses; credit forfeiture of 181-360 days.
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.
Manslaughter.
Battery causing serious injury.
Attempted battery or battery with a deadly weapon or caustic substance.
Rape, attempted rape, sodomy, attempted sodomy, oral copulation, and attempted oral copulation against the victim's will.
Taking a hostage.
Escape with force or violence.
Possession or manufacture of a deadly weapon or explosive device.
Division "A-2" offenses; credit forfeiture of 151-180 days.
Arson involving damage to a structure.
Possession of flammable, explosive, or combustible material with intent to burn any structure or property.
Solicitation of battery with a deadly weapon or battery by means of force likely to produce serious injury, arson, or forcible sex act.
Destruction of state property valued in excess of $400 during a riot or disturbance.
Any other felony involving violence or injury to a victim not specifically listed in this schedule.
Attempted escape with force or violence.
Conspiracy to commit any Division "A-1" or "A-2" offense.
Division "B" Offenses; credit forfeiture of 121-150 days.
Attempted battery or battery on a peace officer not involving the use of a weapon.
Attempted battery of battery on a nonprisoner.
Threat of force or violence against a public official.
Escape from any institution or community correctional facility other than a camp or community-access facility.
Theft, embezzlement, destruction, misuse, alteration, damage, unauthorized acquisition, or exchange of personal property, state funds, or state property valued in excess of $400.
Possession of any narcotic, drug, or controlled substance, including marijuana, in an institution, community correctional facility or camp.
Possession for sale of any narcotic, drug, or controlled substance, including marijuana, in a community-access facility.
Any felony not involving violence or the use of a weapon not listed in this schedule.
Conspiracy to commit any Division "B" offense.
Division "C" offenses; credit forfeiture of 91-120 days.
Escape without force from a camp or community-access facility.
Attempted escape without force from an institution or community correctional facility other than a camp or community-access facility.
Unauthorized possession of materials or substances altered from their original manufactured state or purpose and which can be made into a weapon, explosive or explosive-making material, poison, caustic substance, or any destructive device. Examples include but are not limited to metal, paper, plastic, wood, and wire.
Furnishing equipment for or aiding and abetting an escape or escape attempt.
Extortion.
Bribery.
Solicitation of extortion, bribery, or forgery.
Arson.
Forgery, falsification, or alteration of any official record or document prepared or maintained by the department which could affect a term of imprisonment.
Possession of any narcotic, drug, or controlled substance in a community-access facility.
Possession or manufacture of alcohol in a institution, community correctional facility, or camp.
Conspiracy to commit any Division "C" offense.
Division "D" offenses; credit forfeiture of 61-90 days.
Being under the influence (use) of alcohol, a controlled substance, unauthorized drug, or intoxicant in an institution, community correctional facility, or camp.
Possession of any container, device, contrivance, instrument, or paraphernalia intended for unlawful injection or consumption of narcotics, drugs, or alcoholic beverages.
Participating in a riot, rout, or unlawful assembly.
Inciting a riot.
Indecent exposure.
Willfully resisting, delaying, or obstructing any peace officer in the performance of duty.
Late return from a temporary community leave.
Attempted battery or battery on a prisoner with no serious injury.
Mutual combat with no serious injury where the aggressor cannot be determined.
Conspiracy to commit any Division "D" offense.
Division "E" offenses; credit forfeiture of 31-60 days.
Theft, embezzlement, destruction, misuse, alteration, damage, unauthorized acquisition or exchange of personal property, state funds or state property valued at more than $50 but less than $400.
Possession or manufacture of alcoholic beverages or intoxicating substances in a community-access facility.
Consensual participation in sodomy or oral copulation.
Forgery or falsification or alteration of any government document or record not affecting an inmate's term of imprisonment.
Gambling in an institution, community correctional facility, or camp other than community-access facility.
Commission of any misdemeanor offense not listed in this schedule and not specified as administrative in section 3314.
Conspiracy to commit any Division "E" offense.
Division "F" offenses; credit forfeiture of 0-30 days.
Gambling in a community-access facility.
Late return to a community-access facility.
Any other serious rule violations listed in section 3315 and not a crime.
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, preventive, or control measures described in these regulations, in addition to forfeiture of credits.
Inmates shall be provided written notice of any credit forfeited by disciplinary action, of anticipated release date changes based on the credit forfeiture set aside through the departmental appeal process, or a Board of Prison Terms review.
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:
The inmate is found not guilty of the charges.
No credit is forfeited as a result of the disciplinary hearing.
An inmate appeal results in reduction of the credit forfeiture ordered in the disciplinary hearing.
A Board of Prison Terms review results in the restoration of all or part of the credit forfeiture ordered in the disciplinary hearing.