Cal. Code Regs. Tit. 15, § 3378.7 - Debrief Processing Unit

CDCR has established a DPU to house incarcerated persons who are assigned to Phase I and Phase II of the debrief process. A DPU may be established at any institution or facility the Department deems appropriate. The DPU shall provide a safe housing location for those incarcerated persons who have decided to disassociate from a STG. Placement within the DPU is in accordance with section 3378.5. Incarcerated persons will be afforded expanded program opportunities as they progress through the DPU.

(a) The minimum eligible criteria for placement in the DPU shall consist of:

(1) The incarcerated person must be validated.

(2) The incarcerated person must have completed the Initial Debrief Intake Interview.

(3) The incarcerated person must not be serving an active RHU MRD.

(4) The incarcerated person does not have a BPH scheduled, in accordance with section 3379(a)(3).

(5) The incarcerated person does not have a disciplinary case pending review/acceptance by the District Attorney.

(b) Transfer to the DPU will be accomplished through the Strategic Offender Management System (SOMS) Non-Committee Endorsement process.

(c) When housing within the DPU has been determined by ICC, but medical, mental health, mobility or other case factors preclude the incarcerated person from being transferred to the DPU, a conference call should be initiated to provide institutional staff with guidance concerning placement issues and privileges utilizing the case conference process with Classification Services Unit, Healthcare Placement Oversight Program (HCPOP), and the Division of Adult Institutions (DAI) Associate Director. This case conference shall be documented in the automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference. It is recognized that at times the incarcerated person's overriding need for access to specific medical or mental health facilities will take priority over his housing in the DPU. These incarcerated persons should receive all privileges identified within this section, unless the privilege will create a significant security concern. If the hiring authority determines that the DPU privileges will be denied based on security concerns, the hiring authority shall contact the DAI Associate Director to obtain approval before denying the privileges.

(d) Incarcerated persons who have been received at the DPU, but who have not had their autobiography reviewed and accepted by the DIP shall be referred to as Pre-DIP and incarcerated persons who have had their autobiographies reviewed and accepted by the DIP shall be referred to as Post-DIP. Pre-DIP incarcerated persons shall normally be housed separately from Post-DIP incarcerated persons.

(e) Phase 1: Pre-DIP status.

(1) Incarcerated persons transferred for Phase I housing shall be assigned Pre-DIP status and Maximum custody until their autobiography has been reviewed and accepted by the DIP.

(2) All incarcerated persons participating in Phase I will be seen by ICC within 10 calendar days. Pre-DIP incarcerated persons will be scheduled for appearance before ICC, who will establish or affirm the incarcerated person's work group and privilege group (WG/PG) consistent with NDRH status unless the incarcerated person was transferred from the RCGP. If the incarcerated person is transferred to the DPU from the RCGP, he will retain his current WG/PG.

(3) Incarcerated persons will have access to yard and will be identified as Walk Alone. Yard will be a minimum of 10 hours per week.

(4) Incarcerated persons will be authorized to participate in non-contact visiting only.

(A) Non-contact visits are to be scheduled no less frequently than those afforded to incarcerated persons in restricted housing.

(B) Incarcerated persons will be allowed to participate in family visiting, in accordance with section 3177.

(5) Pre-DIP incarcerated persons are subject to application of mechanical restraints in accordance with section 3268.2.

(6) Pre-DIP incarcerated persons may participate in self-betterment programs and in-cell education.

(f) Phase 1: Post-DIP status.

(1) Upon acceptance of the autobiography by the DIP, the incarcerated person will be scheduled for appearance before ICC within 10 days for movement/endorsement into the Post-DIP congregate housing program. During the ICC hearing, the committee will assign WG/PG and yard group.

Acceptance of the autobiography by the DIP recognizes that the incarcerated person has demonstrated a significant level of sincerity in their desire to debrief, as well as establishes a foundation that their personal safety may be compromised if returned to a general population setting.

Acceptance of the autobiography by the DIP and ICC changing the incarcerated person's status to Post-DIP will initiate the observation phase of the debrief process allowing for observation of the incarcerated person while he is actively programming. Time spent as Post-DIP where the incarcerated person is actively participating in assigned program activities shall be counted toward the observation phase of the debrief process.

(A) WG shall be established as follows:

1. An incarcerated person who was transferred to the DPU from restricted housing shall have his WG reverted to the WG assigned prior to placement in restricted housing.

2. An incarcerated person who was previously housed in the RCGP due to safety concerns, shall have his WG reverted consistent with the WG assigned while housed in the RCGP.

(B) PG shall be established as follows:

1. An incarcerated person who was transferred to the DPU from restricted housing shall have his PG reverted to the PG assigned prior to placement in restricted housing.

2. An incarcerated person who was previously housed in the RCGP due to safety concerns shall have his PG reverted consistent with the PG assigned while housed in the RCGP.

(C) Once the incarcerated person is endorsed as Post-DIP, he shall be considered for double cell housing in accordance with section 3269, as double cell housing is a required part of the Debrief Process unless precluded by ICC.

(D) A minimum of 10 hours of yard exercise per week will be provided pursuant to subsection 3348(i), incorporating yard interaction in a group yard setting with incarcerated persons of diverse affiliations. ICC will assign the incarcerated person to the appropriate yard group.

(E) Post-DIP incarcerated persons will be authorized to participate in both contact and non-contact visiting during other than assigned program hours.

1. Non-contact visits are to be scheduled no less frequently than those afforded to incarcerated persons in restricted housing.

2. Post-DIP incarcerated persons will be allowed contact visits which shall be limited to approved visitors, who have been pre-approved in accordance with the existing visiting regulations.

3. Incarcerated persons will be allowed to participate in family visiting, in accordance with section 3177.

(F) Use of restraint equipment shall be in accordance with section 3268.2.

(g) If the DPU incarcerated person is found guilty of STG related behavior, identified in section 3378.4(a) STG Disciplinary Matrix, ICC shall determine the incarcerated person's housing and program needs. ICC maintains discretion in evaluating an incarcerated person's overall disciplinary record and case factors in determining continued management within the DPU or other appropriate housing, which may include referral to the DRB.

(h) In some instances, Phase II of the Debrief process may be completed at the DPU, when enemy, medical or other extenuating circumstances exist.

(i) When housing within the DPU has been determined appropriate by ICC, but medical, mental health, mobility or other case factors preclude the incarcerated person from being transferred to the DPU, the incarcerated person should be allowed to complete the Debrief process at an alternate location. Specific components of the process including the autobiography being submitted to the DIP for acceptance; the assignment of an investigator to complete the Debrief Report; the Debrief Report being approved by OCS; and a CDCR Form 128-B2, (Rev. 07/24) Security Threat Group Validation/Rejection Review, being issued for validation as a "drop out", are required and must be completed prior to the incarcerated person being released to appropriate housing.

Notes

Cal. Code Regs. Tit. 15, § 3378.7

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code.

1. Renumbering and amendment of former section 3378.3 to new section 3378.7 filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
2. Renumbering of former section 3378.7 to section 3378.8 and new section 3378.7 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.
3. Renumbering of former section 3378.7 to section 3378.8 and new section 3378.7 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.
4. Certificate of Compliance as to 3-5-2018 order, including amendment of subsections (e)(4)(B), (f)(1)(E)3. and (g), 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).
5. 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.
6. 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.
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).