Cal. Code Regs. Tit. 15, § 3342 - Amendment to Reasons for Restricted Housing
(a)
When the initial reason(s) for restricted housing has been resolved, but
additional circumstances exist warranting continued restricted housing
placement, a new automated Restricted Housing Unit Placement Notice (11/23),
shall be immediately prepared and issued, clearly articulating the reasons for
continued retention, in accordance with section
3335.
(1) An automated Restricted Housing Unit
Placement Notice (11/23), issued for purposes of retaining an inmate in a
Restricted Housing Unit shall not require an Administrative Review.
(2) The official documenting retention shall
ensure, and articulate on the automated Restricted Housing Unit Placement
Notice (11/23) at the time of issuance, that all procedural safeguards have
been provided, in accordance with subsections
3336(c)(1) through
(3).
(3) The ICC shall be the sole authority
permitted to effect a placement decision under the provisions of this
section.
(b) For
retention purposes, the automated Restricted Housing Unit Placement Notice
(11/23) shall include:
(1) The current
reason(s) for restricted housing, and any resolution of such
placement.
(2) The new reason(s)
for retention in restricted housing in accordance with section
3335.
(3) When necessary, the official issuing the
automated Restricted Housing Unit Placement Notice (11/23) for restricted
housing retention shall document the need for effective communication
accommodation if any, as defined in section
3000, the provision of any
assistance provided that is consistent with the inmate's disability or
communication need, and the method staff used to determine the inmate
understood.
(c) ICC
hearings on automated Restricted Housing Unit Placement Notices (11/23),
retaining inmates in restricted housing shall be in accordance with section
3340.
Notes
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Taylor v. Rushen (N.D. Cal.) L-80-0139 SAW.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
2. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsection (a), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective
3. Renumbering of former section 3342 to section 3347 and renumbering and amendment of former section 3338 to section 3342 filed 10-24-2023 as an emergency; operative
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