(a) The
following terms are defined for the purposes of this section:
(1) Camp means the type of subfacility of an
institution which is normally located in a rural area and which has no secure
(fenced or walled) perimeter. Camp incarcerated persons are generally assigned
to conservation and/or road details.
(2) Community-access facility (CAF) means any
facility located in the community, administrated by the Division of Adult
Parole Operations, where incarcerated persons have access to the community for
work or training and which has no secure (fenced or walled)
perimeter.
(3) Community
correctional facility (CCF) means a facility located in the community,
administrated by the Parole and Community Services Division, where incarcerated
persons do not have unsupervised access to the community and which has a secure
(fenced) perimeter.
(4) Facility
means any institution, community-access facility, community correctional
facility, or any camp or other subfacility of an institution under the
jurisdiction of the department.
(5)
Institution means a large facility or complex of subfacilities with a secure
(fenced or walled) perimeter headed by a warden.
(b) Each facility shall establish
classification committees as provided herein. A quorum for any committee at a
CAF shall be a minimum of two persons who shall be the chairperson and
recorder. A quorum at all other facilities shall be a minimum of three persons
who shall be the chairperson, recorder and any other member.
(c) Composition of committees:
(1) Initial and Unit Classification
Committees shall consist of:
(A) Captain or
CAF/CCF manager (chairperson).
(B)
Correctional counselor III, parole administrator I, parole agent III, or
assistant CAF/CCF manager; or, for CAF/CCFs only, designated supervisory peace
officer at the rank of correctional lieutenant, or above (alternate
chairperson).
(C) Correctional
counselor II, correctional counselor I, or parole agent II
(recorder).
(D) Assignment
lieutenant (initial classification), program lieutenant (unit classification),
or CAF/CCF incarcerated person assignment/program coordinator.
(E) Educational or Career Technical Education
program representative.
(F) Other
staff as required.
(2)
Institution Classification Committees (ICC) and Facility Classification
Committees (FCC) shall consist of:
(A) Warden,
regional parole administrator, deputy warden, or deputy regional parole
administrator (chairperson).
(B)
Correctional administrator or parole administrator I (alternate
chairperson).
(C) Psychiatrist or
physician.
(D) Captain.
(E) Correctional counselor III, parole agent
III, correctional counselor II, or parole agent II (recorder).
(F) Assignment lieutenant or CAF/CCF
incarcerated person assignment/program coordinator.
(G) Educational or Career Technical Education
program representative.
(H) Other
staff as required.
(3)
Camp Classification Committee shall consist of:
(A) Correctional lieutenant
(chairperson).
(B) Correctional
counselor I (alternate chairperson, recorder).
(C) Correctional sergeant.
(D) Staff representative of camp contracting
agency.
(4) Security
Threat Group (STG) Unit Classification Committee shall consist of:
(A) Captain (Chairperson).
(B) Correctional Counselor II or alternate
(Recorder).
(C) Correctional
Counselor I.
(D) Other staff as
required.
(d)
Classification committee functions:
(1)
Initial Classification Committees shall:
(A)
Evaluate case factors and assist the incarcerated person to understand facility
expectations, available programs, and resources.
(B) Initiate an education, Career Technical
Education program, or work program; designate a credit earning and privilege
group; and assign a custody designation for each incarcerated person.
(C) Refer complex cases to the ICC or
FCC.
(D) Recommend transfer of a
new arrival determined to be inappropriately placed.
(E) Grant work credits to which the
incarcerated person is entitled while in transit.
(2) Unit Classification Committees shall:
(A) Review each incarcerated person's case at
least annually to consider the accuracy of the incarcerated person's
classification score, custody designation, program, work and privilege group,
and facility placement, including recommendation for transfer. A parole
violator's first annual review may be delayed for up to five months so that it
will coincide with classification score updates.
(B) Change in incarcerated person's
work/privilege group.
(C) Conduct
post board classification on an incarcerated person within 15 days of receipt
of official notice of a Board of Parole Hearings' decision regarding the
incarcerated person.
(D) Act on an
incarcerated person's request for restoration of forfeited credits for less
than Division C offenses in accordance with section
3327.
(E) Review confidential information to ensure
the standards for confidential information have been met, in accordance with
section
3321.
(3) Institution and Facility Classification
Committees shall:
(A) Recommend transfer of
incarcerated persons.
(B) Act on
cases referred by lower committees.
(C) Review incarcerated person requests for
meritorious sentence reduction to determine compliance with Penal Code section
2935.
(D) Make referrals and recommendations
through the chief, classification services, for cases requiring Departmental
Review Board (DRB) decisions.
1. Any offender
who is denied housing in a General Population (GP) setting based on possible
safety concerns shall have an investigation into the incarcerated person's
safety concerns completed by designated staff. All confidential information
referenced in the safety investigation shall be disclosed to the offender
utilizing Confidential Information Disclosure Form(s) in accordance with
section
3321.
2. Offenders shall be given at least 72-hours
advance notice of the safety concern interview. The incarcerated person shall
be provided with disclosures of confidential information, and/or copies of
non-confidential documents at least 72-hours prior to an interview with the
incarcerated person. The interview with the Investigator may be held earlier if
the offender waives, in writing, the 72-hour preparation period.
3. During the face to face interview with the
investigator, the subject will be given a meaningful opportunity to be heard in
regard to the information used in the validation of safety concerns. The
incarcerated person will be assigned a Staff Assistant when warranted and
effective communication will be addressed. The incarcerated person will be
allowed the opportunity to refute any information, provide clarification, or
provide additional information as to why the disclosed information may no
longer be accurate.
4. Upon
conclusion of the investigation, the safety concern evaluation shall be
forwarded to classification staff for an ICC hearing. If applicable, the
investigator's safety closure report must identify the information used as
evidence to support that the prior conflict(s) included in the safety
investigation no longer pose a threat to the incarcerated
person.
(E) Change an
incarcerated person's work/privilege group.
1.
incarcerated persons assigned to Privilege Group C who participate in the
Mental Health Services Delivery System at the Enhanced Outpatient Program (EOP)
level of care or higher, shall be referred to the Interdisciplinary Treatment
Team (IDTT) via CDCR Form 128-MH5 (Rev. 05/14), Mental Health Referral Chrono,
for a program review.
2. Within
five working days, IDTT may recommend certain privileges be granted to the
incarcerated person on a case-by-case basis when it is determined suspension of
privileges would cause decompensation or would be detrimental to the
incarcerated person's mental health status. In this event, the correctional
counselor attending IDTT shall refer the incarcerated person to the
classification committee for consideration of reinstating privileges, or the
Captain for cases described in subsection
3044(f)(1)(B)4.
3. Each time the classification committee, or
the Captain for cases in accordance with subsection
3044(f)(1)(B)4.,
reinstates privileges, the correctional counselor attending committee or the
Captain shall ensure housing unit staff are made aware of any privileges
reinstated to the incarcerated person or if the removal of Privilege Group C
has occurred. Any changes shall be documented on a CDC Form 128-B (Rev. 04/74),
General Chrono, and distributed to the housing unit and the incarcerated person
following the classification committee or Captain's decision and shall be
effective immediately.
4. The
primary clinician is required to monitor the incarcerated person's mental
health status. At any time if it is determined the mental health of an
incarcerated person placed into Privilege Group C has declined as a result of
suspension of privileges, the Primary Clinician shall refer the incarcerated
person to IDTT for a program review. IDTT may recommend documentation of
concerns and findings and a copy will be provided to the assigned correctional
counselor for referral to the classification committee. The primary clinician
shall communicate with the classification committee clinician prior to the
classification committee commencement, ensuring the recommendation noted on the
CDC 128-C (Rev. 01/96), Medical-Psychiatric-Dental (Chrono), is reviewed,
discussed and documented.
5. The
classification committee shall consider the input provided by the primary
clinician via the CDC 128-C (Rev. 01/96), when determining whether an
incarcerated person will be removed from Privilege Group C and document the
findings on the automated Classification Committee Chrono (Rev.
05/19).
6. An incarcerated person
deemed a program failure, as defined in Section
3000, who is permanently
transferred to another institution shall be returned to the privilege group
they have before being placed on Privilege Group C.
(F) Review confidential information to ensure
the standards for confidential information have been met, in accordance with
section
3321.
(G) Refer the case to the DRB, upon
completion of a Determinate RHU term when ICC determines that overwhelming
evidence exists supporting an immediate threat to the security of the
institution or the safety of others.
(H) Refer the case to the DRB, when an
incarcerated person has a substantial disciplinary history consisting of no
less than three RHU terms within the past five years, substantial justification
exists for the need for continued RHU placement due to the incarcerated
person's on-going threat to safety and security of the institution and/or
others, and the incarcerated person cannot be housed in less-restrictive
housing.
(4) Camp
classification committees shall perform all functions designated above for unit
and initial classification committees.
(5) STG Unit Classification Committee shall:
(A) Review all STG validation packages for
accuracy, compliance, and to ensure due process requirements have been
met.
(B) Review Dropout status
affiliate's new disciplinary behavior for documented nexus to STG behavior as
noted in the RVR, or other source items of intelligence.
(C) Review information or intelligence
received from outside law enforcement agencies to ensure formal documentation
is completed and/or the disciplinary process is initiated, when
appropriate.
(D) Review
confidential information to ensure the standards for confidential information
have been met, in accordance with section
3321.
Notes
Cal. Code Regs. Tit. 15, §
3376
Note: Authority cited: Sections
3303
and
3309,
Welfare and Institutions Code; and Sections
5058 and
6252, Penal
Code. Reference: Sections
2933,
5054 and
5068, Penal
Code.
Note: Authority cited: Sections
3303
and
3309,
Welfare and Institutions Code; and Sections
5058 and
6252, Penal
Code. Reference: Sections
2933,
5054 and
5068, Penal
Code.
1.
Repealer and new section filed 8-7-87 as an emergency; operative 8-7-87
(Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on
12-7-87.
2. Certificate of Compliance as to 8-7-87 order transmitted
to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3.
Repealer and new section filed 1-4-88 as an emergency; operative 1-4-88
(Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 5-3-88.
4.
Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88;
disapproved by OAL (Register 88, No. 24).
5. Repealer and new
section filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A
Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 9-30-88.
6. Certificate of
Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No.
50).
7. Change without regulatory effect amending section filed
10-22-90 pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 4).
8. Editorial correction of printing error in
subsection (b)(3)(D) (Register 92, No. 5).
9. Repealer of subsection
(b)(2)(C), subsection relettering, and amendment of subsection (b)(3)(E) filed
5-5-95; operative 6-5-95 (Register 95, No. 18).
10. Amendment of
subsection (b)(2)(C) and repealer of subsection (b)(3)(E) and subsection
relettering pursuant to Penal Code section
5058(e)
filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A
Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency
language will be repealed by operation of law on the following
day.
11. Certificate of Compliance as to 3-20-96 order transmitted
to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
12. Amendment
of section and Note filed 5-1-97; operative 5-31-97 (Register 97, No.
18).
13. Amendment of subsection (d)(2)(A) filed 7-28-97 as an
emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code
section
5058(e),
a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency
language will be repealed by operation of law on the following
day.
14. Certificate of Compliance as to 7-28-97 order transmitted
to OAL 10-27-97 and filed 12-8-97 (Register 97, No. 50).
15.
Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection
relettering and amendment of subsection (d)(3)(E) filed 1-9-2004 as an
emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code
section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency
language will be repealed by operation of law on the following
day.
16. Amendment of subsection (d)(2)(A), new subsection
(d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) refiled
6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25).
Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency
language will be repealed by operation of law on the following
day.
17. Certificate of Compliance as to 6-17-2004 order transmitted
to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
18.
Change without regulatory effect amending subsection (d)(2)(C) filed 3-11-2013
pursuant to section 100, title 1, California Code of Regulations (Register
2013, No. 11).
19. Amendment of subsections (c)(1)(E), (c)(2)(H) and
(d)(1)(B) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register
2013, No. 44). A Certificate of Compliance must be transmitted to OAL by
4-7-2014 or emergency language will be repealed by operation of law on the
following day.
20. Change without regulatory effect amending
subsection (a)(2) filed 1-8-2014 pursuant to section 100, title 1, California
Code of Regulations (Register 2014, No. 2).
21. Certificate of
Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed
5-14-2014 (Register 2014, No. 20).
22. New subsections
(c)(4)-(c)(4)(D), (d)(3)(F)-(d)(3)(F)2. and (d)(5)-(d)(5)(D) filed 10-17-2014;
operative 10/17/2014
pursuant to Government Code section
11343.4(b)(3)
(Register
2014, No. 42).
23. Amendment of subsection (d)(5)(B)
filed 6-2-2016 as an emergency; operative6/2/2016 (Register
2016, No. 23). Pursuant to Penal Code section
5058.3, a
Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency
language will be repealed by operation of law on the following
day.
24. Certificate of Compliance as to 6-2-2016 order transmitted
to OAL 11-7-2016 and filed 12/22/2016 (Register
2016, No. 52).
25. Amendment of subsection (c)(4)(B),
new subsections (d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection
relettering, amendment of newly designated subsections (d)(3)(G)-(d)(3)(G)2.,
new subsections (d)(3)(H)-(J), amendment of subsections (d)(5) and
(d)(5)(C)-(D) and new subsection (d)(5)(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.
26. Amendment of subsection (c)(4)(B), new subsections
(d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection relettering, amendment of
newly designated subsections (d)(3)(G)-(d)(3)(G)2., new subsections
(d)(3)(H)-(J), amendment of subsections (d)(5) and (d)(5)(C)-(D) and new
subsection (d)(5)(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.
27. Certificate of Compliance as to 3-5-2018 order, including
amendment of subsection (d)(3)(G)2., transmitted to OAL 8-21-2018 and filed
10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section
11343.4(b)(3)
(Register
2018, No. 40).
28. New subsections (d)(3)(E)(1)-(6)
filed 2-24-2021; operative 4/1/2021 (Register
2021, No. 9). (Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20.)
29.
Amendment 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.
30. Amendment 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.
31. Change without regulatory effect amending section filed
7-1-2024 pursuant to section 100, title 1, California Code of Regulations
(Register
2024, No. 27).