(a)
The need to retain an inmate in restricted housing shall be determined by the
ICC.
(1) The initial ICC hearing shall be
held within 10 calendar days after the date the inmate was initially placed in
restricted housing. Voluntary extension of this time frame by the inmate is not
permitted.
(2) The inmate shall be
allowed at least 72 hours to prepare for the ICC classification hearing.
However, the inmate may waive this procedural safeguard, after the
Administrative Reviewer considers the need for SA and the inmate does not
require a SA.
(3) In addition to a
copy of the automated Restricted Housing Unit Placement Notice (RHUPN) (11/23),
which is incorporated by reference, provided to the inmate at the time of
placement in restricted housing in accordance with subsection
3335(c)(3), the
inmate shall be provided copies of all additional documentation concerning the
reasons for restricted housing placement at least 24 hours prior to the ICC
hearing. Confidential information pertaining to the case shall be afforded to
the inmate in accordance with subsection
3321(b)(3).
(4) Inmates not requiring an SA, in
accordance with section
3344, may waive the 24-hour period
for documentation review. Waivers shall be formally noted in the automated
Classification Committee Chrono (05/19).
(5) Exceptions to the inmate's physical
presence at the hearing shall be permitted in accordance with subsections
3320(g) or
3375(f)(3). The
reasons for any hearing conducted without the presence of the inmate shall be
recorded within the automated Classification Committee Chrono
(05/19).
(6) If the inmate refuses
or is unable to attend the hearing, a staff member shall query the inmate on
behalf of the ICC and convey all relevant information to the ICC to consider in
making their decision, which shall be recorded within the automated
Classification Committee Chrono (05/19).
(7) The SA, if one is assigned, shall be at
the hearing even if the inmate is not present.
(b) The primary purpose of the initial ICC
hearing is to determine the need for continued retention in restricted housing.
Consistent with the criteria set forth in section
3335, the ICC review shall be
based on the documented case-specific circumstances of the automated RHUPN
(11/23) and any other disciplinary, IE report or other available information
that may impact placement. The ICC shall ensure that all applicable procedural
safeguards are uniformly applied to each inmate placed in restricted housing
and record their findings on an automated Classification Committee Chrono
(05/19) in accordance with subsection
3375(g),
including any evidence or documentation relied upon, with a copy issued to the
inmate.
(1) The classification committee shall
consider all available information, including inmate comments, when determining
the appropriate exercise yard group and any housing restrictions.
(2) The inmate's yard assignment and housing
status shall be reviewed at each ICC appearance and modified as
necessary.
(c) Any
inmate retained in restricted housing at the initial ICC hearing shall be
presented to a CSR within 30 days of the hearing date for review and approval.
Subsequent ICC reviews shall proceed in accordance with the following
timelines, considering any applicable projected Restricted Housing Unit Maximum
Release Date (RHU MRD), as defined in section
3000, until the inmate is released
to the GP:
(1) At intervals of not more than
180 days: when a pending Restricted Housing Unit (RHU) assessable Rules
Violation Report (RVR) is postponed pending a court proceeding or the District
Attorney (DA) decision for possible prosecution of referred cases. Restricted
housing extension requests specific to pending disciplinary matters shall
identify the inmate's intent to postpone the disciplinary hearing, as well as
the status of the pending DA referral. Upon resolution of such matters, an ICC
shall review the inmate's case within 14 calendar days. Inmates who have
postponed their RVR pending a court proceeding or a referral to the DA shall
not be retained in RHU past the anticipated projected RHU MRD unless ICC has
reason to believe, based on the inmate's disciplinary history and other case
factors, including the existence of overwhelming evidence supporting an
immediate threat to the security of the institution or the safety of others,
that referral to the Departmental Review Board (DRB) is necessary for:
1) assessment of Administrative RHU status
for the safety and security of the institution or persons, following the
adjudication of the RVR; or
2) the
inmate's safety needs will require appropriate housing determination. In these
cases a new automated RHUPN (11/23) shall be immediately prepared and issued,
clearly articulating the reasons for continued retention, in accordance with
section
3335.
(2) At intervals of not more than 90 days:
when a restricted housing inmate is pending a GP transfer.
(3) At intervals of not more than 90 days:
until a RHU assessable RVR is adjudicated and the matter is not pending
referral for prosecution. Upon resolution of such matters, an ICC shall review
the inmate's case within 14 calendar days.
(4) At intervals of not more than 30 days:
pending completion of an investigation into the safety of any person. If the
complexity of the issues (e.g., safety/enemy concerns, institutional security,
serious misconduct or criminal activity) require further investigation, up to a
90-day extension may be requested. Should the completed investigation result in
the issuance of an RVR and/or referral to the DA for criminal prosecution, the
ICC shall review the case in accordance with the schedule set forth in
subsections (1) or (3) above. Upon resolution of such matters, an ICC shall
review the inmate's case within 14 calendar days.
(5) At the pre-RHU MRD and at intervals of
not more than 90 days: when retention is warranted due to the inmate being
referred to the DRB for an Administrative RHU term.
(6) At intervals of not more than 90 days:
upon receipt of an inmate's request to initiate the Debrief Process, in
accordance with CCR section
3378.5.
(d) Subsequent ICC reviews shall be in
accordance with subsection (c) of this section. All cases shall be presented to
the CSR prior to the expiration of a previously approved CSR
extension.
(e) Inmates in
restricted housing who have an imposed RHU term, but are pending other
unresolved case considerations, shall be reviewed by the ICC in accordance with
section
3341.
(f) RHU classification decisions, including
notification of the reasons for a classification hearing, housing restrictions,
and yard assignment shall be documented on the automated Classification
Committee Chrono (5/19), with a copy provided to the inmate.