(a) An
incarcerated person in the following circumstances may be assessed an
Administrative Restricted Housing Unit (RHU) term by the Departmental Review
Board (DRB) when the DRB articulates a substantial justification for the need
for RHU placement due to the incarcerated person's ongoing threat to safety and
security of the institution and/or others, and the incarcerated person cannot
be housed in a less-restrictive environment and:
(1) Upon completion of a Determinate RHU
term, the DRB determines the incarcerated person's case factors are such that
overwhelming evidence exists supporting an immediate threat to the security of
the institution or the safety of others; or
(2) The incarcerated person has a substantial
disciplinary history consisting of no less than three (3) RHU terms within the
past five (5) years and substantial justification for the need for continued
RHU placement due to the incarcerated person's ongoing threat to safety and
security of the institution and/or others, and the incarcerated person cannot
be housed in less-restrictive housing; or
(3) The incarcerated person is currently
serving an Administrative RHU term and continued retention is required because
the incarcerated person's case factors are such that overwhelming evidence
exists supporting an immediate threat to the security of the institution or
safety of others, or the incarcerated person has a substantial disciplinary
history consisting of no less than three (3) RHU terms within the past five (5)
years.
Notes
Cal. Code Regs. Tit. 15, §
3339
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2933.6,
5054 and
5068, Penal
Code; Sandin v. Connor (1995) 515 U.S. 472; Madrid v. Gomez (N.D. Cal. 1995)
889 F.Supp. 1146; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; Toussaint
v. Yockey (9th Cir. 1984) 722 F.2d 1490; and Castillo v. Alameida, et al.,
(N.D. Cal., No. C94-2847).
Note: Authority cited: Section
5058, Penal
Code. Reference: Section
5054, Penal
Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
1. Repealer and new
section filed 3-2-83; effective thirtieth day thereafter (Register 83, No.
12).
2 Editorial correction of printing error in subsection (b)(2)
(Register 92, No. 5).
3. Amendment of section heading and repealer
and new section filed 6-1-2015 as an emergency; operative 6-1-2015 (Register
2015, No. 23). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency
language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 6-1-2015 order transmitted
to OAL 10-19-2015 and filed 12/3/2015 (Register
2015, No. 49).
5. Repealer and new section filed
10-24-2023 as an emergency; operative
11/1/2023
(Register
2023, No. 43). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 4-9-2024 or emergency
language will be repealed by operation of law on the following
day.
6. Repealer and new section refiled 4-8-2024 as an emergency;
operative 4/11/2024 (Register
2024, No. 15). Pursuant to Penal Code section 5058.3, a
Certificate of Compliance must be transmitted to OAL by 7-10-2024 or emergency
language will be repealed by operation of law on the following
day.
7. Change without regulatory effect amending section filed 7-1-2024
pursuant to section 100, title 1, California Code of Regulations (Register
2024, No. 27).