(a)
Restricted Housing Status Reviews. The Institution Classification Committee
(ICC) shall conduct all classification hearings of restricted housing status
incarcerated persons except as detailed in subsection
3376(d)(5).
(b) Incarcerated persons on Administrative
Restricted Housing Unit (RHU) status shall be reviewed by an ICC for release
consideration to less-restrictive housing no less frequently than every 180
days. Incarcerated persons who are retained on Administrative RHU status by an
ICC shall be referred to the Departmental Review Board (DRB) on an annual
basis. The DRB shall conduct an assessment of the incarcerated person's case
factors and disciplinary behavior for placement in less-restrictive housing.
(1) The DRB review shall include, but not be
limited to, the availability of alternative housing, demonstrated evidence of
behavioral change and expressed willingness to conform to CDCR rules.
(2) If retained, the DRB shall articulate on
the automated Classification Committee Chrono (05/19) the basis for continued
retention on Administrative RHU status in accordance with section
3339.
(c) Incarcerated persons on an imposed
Determinate RHU term shall be reviewed by the ICC no less frequently than every
180 days following their initial RHU annual review, or sooner as directed by a
Classification Staff Representative for release consideration.
(1) The purpose of the review is to evaluate
the incarcerated person's case factors to determine if RHU continues to be the
most appropriate and least restrictive placement option commensurate with any
existing threat to safety and security of the institution and/or
others.
(2) The ICC review shall
include, but not be limited to, the availability of appropriate alternative
housing, demonstrated evidence of behavioral change and expressed willingness
to conform to CDCR rules.
(d) Any incarcerated person expected to be
retained on RHU status beyond 360 days shall be provided an automated
Restricted Housing Unit Placement Notice (RHUPN) (11/23), which is incorporated
by reference, documenting the RHU annual review, which shall be issued in
accordance with section
3342, prior to the incarcerated
person's RHU annual review.
(e) An
incarcerated person shall not be retained in RHU beyond the expiration of an
imposed Determinate RHU term or beyond 360 days with an unexpired RHU Maximum
Release Date (RHU MRD), unless the ICC has determined that retention in the RHU
is required.
(f) A validated
Security Threat Group (STG) I incarcerated person who is requesting to debrief
from their STG shall be considered for release from a RHU as follows:
(1) If serving an Administrative RHU term and
DRB did not maintain transfer control, the incarcerated person shall be
referred to ICC for transfer consideration to the Debrief Processing Unit (DPU)
in accordance with section
3378.5.
(2) If serving an Administrative RHU term and
DRB maintained transfer control, the incarcerated person shall be referred to
DRB for transfer consideration to the DPU in accordance with section
3378.5.
(3) If serving an imposed Determinate RHU
term, the incarcerated person will be retained in RHU. The debrief process will
continue and upon resolution of the Determinate RHU term, the incarcerated
person shall be referred to the ICC for transfer consideration to the DPU in
accordance with section
3378.5.
(g) Pre-RHU MRD Hearing. A Pre-RHU MRD
hearing shall be held by ICC 90 days prior to the expiration of the controlling
RHU MRD. The ICC review shall include, but not be limited to, the availability
of appropriate alternative housing, demonstrated evidence of behavioral change,
and expressed willingness to conform to CDCR rules, as well as determination of
the housing and program assignment following completion of the RHU term, or
sooner, if appropriate.
(1) If before the
Pre-RHU MRD hearing there is any indication the incarcerated person may be
retained in restricted housing beyond the RHU MRD for reasons specified in
section
3335, the incarcerated person
shall be issued an automated RHUPN (11/23) in accordance with section
3342.
(2) If ICC retains the incarcerated person in
restricted housing beyond the expiration of the RHU MRD, future classification
hearings shall be conducted in accordance with section
3340.
(h) RHU classification decisions, including
notification of the reasons for a classification hearing, RHU term assessment,
housing restrictions, and yard assignment shall be documented on the automated
Classification Committee Chrono (05/19), with a copy provided to the
incarcerated person.
Notes
Cal. Code Regs. Tit. 15, §
3341
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; Castillo v. Alameida, et al., (N.D.
Cal., No.C94-2847); Coleman v. Wilson 912 F.Supp. 1282 (E.D. Cal. 1995); and
Clark v. California 123 F.3d 1267 (9th Cir. 1997).
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
5054 and
5068, Penal
Code; Sandin v. Connor (1995)
515 U.S.
472; Toussaint v. McCarthy (9th Cir. 1990)
926 F.2d 800; and Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490.
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).
3. 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. Amendment of subsections (a)-(c) and
new subsection (e) filed 10-9-2017 as an emergency; operative
10/9/2017
(Register
2017, No. 41). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency
language will be repealed by operation of law on the following
day.
6. Amendment of subsections (a)-(c) and new subsection (e)
refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10).
Pursuant to Penal Code section
5058.3,
a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or
emergency language will be repealed by operation of law on the following
day.
7. Certificate of Compliance as to 3-5-2018 order transmitted
to OAL 8-21-2018 and filed 10/3/2018 (Register
2018, No. 40).
8. 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.
9. 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.
10. Change without regulatory effect amending section filed
7-1-2024 pursuant to section 100, title 1, California Code of Regulations
(Register
2024, No. 27).