(a)
Full-time and half-time defined.
(1) Full-time
work or training assignments normally mean eight hours per day on a five day
per week basis, exclusive of meals.
(2) Half-time work or training assignments
normally mean four hours per day on a five day per week basis, exclusive of
meals.
(b) Consistent
with the provisions of section
3375, all assignments or
re-assignments to a work group shall be approved by a classification committee.
(1) Work Group A-1 (Full-Time Assignment). An
inmate willing and able to perform an assignment on a full-time basis shall be
assigned to Work Group A-1, except when the inmate qualifies for the assignment
of Work Group F or Work Group M pursuant to sections
3044(b)(7) or
3044(b)(8). The
work day shall not be less than 6 hours of work participation and the work week
no less than 30 hours of work participation, as designated by assignment. Those
programs requiring an inmate to participate during other than the normal
schedule of eight-hours-per-day, five-days-per-week (e.g., 10-hours-per-day,
four-days-per-week) or programs that are scheduled for seven-days-per-week,
requiring inmate attendance in shifts (e.g., three days of 10 hours and one day
of five hours) shall be designated as "special assignments" and require
departmental approval prior to implementation. "Special assignment" shall be
entered on the inmate's timekeeping log by the staff supervisor.
(A) Any inmate assigned to a required
Rehabilitative Program managed by DRP, as defined in section
3000, shall be assigned to Work
Group A-1, except when the inmate qualifies for the assignment of Work Group M
pursuant to section
3044(b)(8).
(B) Any inmate assigned to a combination of
half-time work assignment and any Rehabilitative Program managed by DRP as
described in section
3044(b)(1)(A),
shall be assigned to Work Group A-1, except when the inmate qualifies for the
assignment of Work Group M pursuant to section
3044(b)(8).
(C) A full-time college program may be
combined with a half-time work or career technical education program equating
to a full-time assignment. The college program shall consist of twelve units in
credit courses only leading to an associate's degree in two years or a
bachelor's degree in four years.
(D) Any inmate diagnosed by a physician or
mental health clinician as totally disabled and therefore incapable of
performing an assignment, shall remain assigned to Work Group A-1 throughout
the duration of their total disability, unless the inmate is assigned to Work
Group C, Work Group D-1, Work Group D-2, or Work Group M in accordance with
sections
3044(b)(4),
3044(b)(5),
3044(b)(6), or
3044(b)(8).
(E) Any inmate diagnosed by a physician or
mental health clinician as partially disabled shall be assigned to an
assignment within the physical and mental capability of the inmate as
determined by the physician or mental health clinician, unless changed by
disciplinary action.
(2)
Work Group A-2 (Involuntarily Unassigned). An inmate willing but unable to
perform in an assignment shall be assigned to Work Group A-2, if the inmate
does not qualify for assignment to Work Group M pursuant to section
3044(b)(8) and
either of the following is true:
(A) The
inmate is placed on a waiting list pending availability of an
assignment.
(B) The unassigned
inmate is awaiting adverse transfer to another institution.
(3) Work Group B (Half-Time
Assignment). An inmate willing and able to perform an assignment on a half-time
basis shall be assigned to Work Group B, except when the inmate qualifies for
the assignment of Work Group M pursuant to section
3044(b)(8).
Half-time programs shall normally consist of an assignment of four hours per
workday, excluding meals, five-days-per-week, or full-time enrollment in
college consisting of twelve units in credit courses leading to an associate's
degree or bachelor's degree. The work day shall be no less than three hours and
the work week no less than fifteen hours.
(4) Work Group C (Disciplinary Unassigned;
Zero Credit).
(A) Any inmate who twice refuses
to accept assigned housing, who refuses to accept or perform in an assignment,
or who is deemed a program failure as defined in section
3000 by a classification committee
shall be assigned to Work Group C for a period not to exceed the number of
disciplinary credits forfeited due to the serious disciplinary infraction(s) or
180 days, whichever is less, except when the inmate qualifies for assignment to
Work Group D-2 in accordance with subsection
3044(b)(6)(C).
(B) An inmate assigned to this work group
shall not be awarded Good Conduct Credit, as described in section
3043.2, for a period not to exceed
the number of disciplinary credits forfeited or 180 days, whichever is less,
and shall revert to their previous work group upon completion of the credit
forfeiture, unless the inmate no longer qualifies for assignment to Work Group
F or Work Group M due to the totality of their case factors. In such
exceptional circumstances, the inmate shall be assigned to another work group
in accordance with this section. The inmate shall also be referred to a
classification committee for placement on an appropriate waiting
list.
(5) Work Group D-1
(Restricted Housing Status). An inmate assigned to a Restricted Housing Unit
(RHU) or other restricted housing shall be assigned to Work Group D-1, unless
the inmate qualifies for continued assignment to Work Group F or Work Group M
or initial assignment to Work Group M in accordance with sections
3044(b)(7)(D),
3044(b)(7)(E),
3044(b)(8)(E), or
3044(b)(8)(F); or
the inmate meets criteria for Work Group D-2 pursuant to 3044(b)(6).
(6) Work Group D-2 (Restricted Housing
Status: Zero Credit).
(A) Unless the
exceptional criteria specified in subsection
3044(b)(6)(B) are
met, an inmate serving an imposed RHU term pursuant to subsection
3337(g) in
restricted housing shall be assigned to Work Group D-2, effective the date of
the Rules Violation Report, for a period not to exceed the number of whole-day
credits forfeited for the rule violation or 180 days, whichever is less, up to
the RHU Maximum Release Date or the date the Institution Classification
Committee suspends the remainder of the RHU term. Following completion of the
period of assignment to Work Group D-2 of credit forfeiture, the inmate shall
be reevaluated by a classification committee for assignment to another work
group.
(B) An inmate serving an
imposed RHU term pursuant to subsection
3337(g) in
restricted housing due to a guilty finding for a Division A-1 offense, as
designated in subsection
3323(b), and
which involved serious bodily injury on a non-prisoner, shall be assigned to
Work Group D-2, effective the date of the Rules Violation Report, for a period
not to exceed the number of whole-day credits forfeited for the rule violation
or 360 days, whichever is less, up to the RHU Maximum Release Date or the date
the Institution Classification Committee suspends the remainder of the RHU
term. Following completion of the period of credit forfeiture, the inmate shall
be re-evaluated by a classification committee for assignment to another work
group.
(C) An inmate in RHU, or
other restricted housing, who is deemed a program failure as defined in section
3000 may be assigned Work Group
D-2 by a classification committee for a period not to exceed the number of
credits forfeited for the rules violation(s) or 180 days, whichever is less. An
inmate assigned to Work Group C at the time of placement in RHU, or other
restricted housing, or who refuses to accept or perform work assignments, shall
be assigned Work Group D-2. An inmate released from RHU, or other restricted
housing, may be assigned Work Group C by a classification committee, not to
exceed the remaining number of disciplinary credits forfeited due to the
serious disciplinary infraction(s) or 180 days, whichever is less.
(D) If the administrative finding of
misconduct is overturned or if the inmate is criminally prosecuted for the
misconduct and is found not guilty, Good Conduct Credit shall be
restored.
(7) Work Group
F (Minimum B Custody and Firefighting or Non-Firefighting Camp Placement).
Assignment to Work Group F awards Good Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or
3043.2(b)(5)(D).
(A) An inmate assigned to Minimum B Custody
who has successfully completed the requisite physical fitness training and
firefighting training to be assigned as a firefighter to a Department of
Forestry and Fire Protection fire camp or as a firefighter at a Department of
Corrections and Rehabilitation firehouse shall be assigned to Work Group
F.
(B) An inmate assigned to
Minimum B Custody who is placed in a Department of Forestry and Fire Protection
fire camp for assignment to a non-firefighter position shall be assigned to
Work Group F.
(C) An inmate placed
in Work Group F who is found guilty of a serious rule violation as defined in
subsections
3323(b),
3323(c), or
3323(d); found
guilty of a rule violation involving use or possession of any unauthorized
communication device or of any narcotic, drug, drug paraphernalia, controlled
substance, alcohol, or other intoxicant, as defined in subsections
3323(e),
3323(f),
3323(g), or
3323(h); placed
in a zero credit Work Group C pursuant to subsection
3044(b)(4) or
Work Group D2 pursuant to subsection
3044(b)(6); or
otherwise removed from this assignment due to safety or security
considerations, shall be assigned to another work group consistent with the
remaining provisions of this section and shall be ineligible to receive Good
Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or
3043.2(b)(5)(D).
An inmate who has been removed from this assignment under the circumstances
described above may be re-assigned to Work Group F, after an appropriate period
of time, by a classification committee.
(D) An inmate assigned to Work Group F who is
temporarily placed in RHU or other restricted housing; designated by the
Institution Classification Committee as Non-Disciplinary Restricted Housing
(NDRH) pursuant to subsection
3335(b); and who
otherwise remains eligible for continued assignment to Work Group F pursuant to
subsections
3044(b)(7)(A) or
3044(b)(7)(B),
shall continue to be assigned Work Group F for the duration of their NDRH
placement.
(E) An inmate initially
assigned to Work Group D-1 by the Institution Classification Committee due to
placement in RHU or other restricted housing pursuant to subsection
3044(b)(5) and
who was not designated for NDRH by the Institution Classification Committee;
otherwise eligible for the assignment to Work Group F pursuant to subsections
3044(b)(7)(A) or
3044(b)(7)(B)
during the period of restricted housing; and was not found guilty of the
serious rule violation which was the reason for RHU or other restricted housing
placement shall be made whole by retroactive assignment to Work Group F
beginning with the effective date that Work Group D-1 was originally imposed
and for the same number of days that they were assigned to Work Group
D-1.
(F) An inmate assigned to Work
Group F pursuant to subsection
3044(b)(7) for a
cumulative period of twelve months or more on their current term of
incarceration shall continue to earn Good Conduct Credit pursuant to
subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or
3043.2(b)(5)(D)
upon transfer to an alternative custody setting as defined in subsection
3043(d).
(G) An inmate may be assigned Minimum B
Custody and Work Group F, if the inmate meets the criteria noted above and all
of the following are true:
1. The inmate is
wanted for a felony by an out-of-state law enforcement agency (other than a
Federal agency).
2. The agency does
not have a detainer placed with the department for the felony.
3. The inmate's central file documents that
the agency communicated to the department that they will not extradite the
inmate for the purpose of prosecution of the felony.
4. The totality of the inmate's remaining
case factors does not preclude the assignment of Minimum B Custody.
(8) Work Group M
(Minimum Custody or otherwise eligible for Minimum Custody). Assignment to Work
Group M awards Good Conduct Credit pursuant to subsections
3043.2(b)(5)(A)
and
3043.2(b)(5)(B).
(A) Effective January 1, 2018, an inmate
assigned to Minimum A Custody or Minimum B Custody who does not qualify for
assignment to Work Group F pursuant to subsection
3044(b)(7) shall
be assigned to Work Group M. Work Group M may be assigned retroactively to May
1, 2017. However, Good Conduct Credit awarded pursuant to subsections
3043.2(b)(5)(A)
and
3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(B) Effective January 1, 2018, an inmate
otherwise eligible for assignment to Minimum A Custody or Minimum B Custody
whose eligibility for such assignment is limited solely due to their 1)
placement in the Mental Health Services Delivery System at the Enhanced
Outpatient level of care or higher level and/ or 2) medical or mental health
status which requires additional clinical and custodial supervision as
determined by the classification committee, shall be assigned to Work Group M.
Work Group M may be assigned retroactively to May 1, 2017. However, Good
Conduct Credit awarded consistent with subsections
3043.2(b)(5)(A)
and
3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(C) Effective January 1, 2018, an inmate may
be assigned Minimum A or Minimum B Custody and/ or Work Group M, which may be
applied retroactively to May 1, 2017, if the inmate meets the criteria noted
above and all of the following, are true:
1.
The inmate is wanted for a felony by an out-of-state law enforcement agency
(other than a Federal agency).
2.
The agency does not have a detainer placed with the Department for the
felony.
3. The inmate's central
file documents that the agency communicated to the Department that they will
not extradite the inmate for the purpose of prosecution of the
felony.
4. The totality of the
inmate's remaining case factors does not preclude the assignment of Minimum A
and Minimum B Custody or the inmate is otherwise eligible for assignment to
Minimum A or Minimum B Custody as described in section
3044(b)(8)(B).
(D) An inmate assigned to Work
Group M who is found guilty of a serious rule violation as defined in
subsections
3323(b),
3323(c), or
3323(d), found
guilty of a rule violation involving use or possession of any unauthorized
communication device or of any narcotic, drug, drug paraphernalia, controlled
substance, alcohol, or other intoxicant, as defined in subsections
3323(e),
3323(f),
3323(g), or
3323(h), placed
in zero credit Work Group C pursuant to subsection
3044(b)(4) or
Work Group D2 pursuant to subsection
3044(b)(6), or
otherwise removed from this assignment due to safety or security
considerations, shall be reassigned to another work group consistent with the
remaining provisions of this section and shall be ineligible to receive Good
Conduct Credit pursuant to subsections
3043.2(b)(4)(B),
3043.2(b)(4)(C),
3043.2(b)(5)(A),
3043.2(b)(5)(B),
3043.2(b)(5)(C),
or
3043.2(b)(5)(D).
An inmate who has been removed from this assignment under the circumstances
described above may be assigned to Work Group M again, after an appropriate
period of time, by a classification committee.
(E) An inmate eligible for initial assignment
to Work Group M or who is assigned to Work Group M who is temporarily placed in
RHU or other restricted housing; designated by the Institution Classification
Committee as NDRH pursuant to subsection
3335(b); and who
otherwise remains eligible for initial or continued assignment to Work Group M
pursuant to subsections
3044(b)(8)(A) or
3044(b)(8)(B),
shall be assigned Work Group M for the duration of their NDRH.
(F) An inmate initially assigned to Work
Group D-1 by the Institution Classification Committee due to placement in RHU
or other restricted housing pursuant to subsection
3044(b)(5) and
who was not designated for NDRH by the Institution Classification Committee;
was otherwise eligible for the assignment to Work Group M pursuant to
subsections
3044(b)(8)(A) or
3044(b)(8)(B)
during the period of restricted housing; and was not found guilty of the
serious rule violation which was the reason for RHU or other restricted housing
placement shall be made whole by retroactive assignment to Work Group M
beginning with the effective date that Work Group D-1 was originally imposed
and for the same number of days they were assigned to Work Group D-1.
(G) Except when otherwise precluded by this
section, an inmate who undergoes reception center processing with a permanent
disability that impacts placement or who is receiving dialysis treatment; who,
as determined by a classification committee, experienced an extended stay in
the reception center beyond 60 days solely due to the disability; and qualifies
for the assignment of Work Group M pursuant to this section, shall be assigned
Work Group M effective the 61st day of the stay at the reception center. Work
Group M may be assigned retroactively to May 1, 2017. However, Good Conduct
Credit awarded consistent with subsections
3043.2(b)(5)(A)
and
3043.2(b)(5)(B)
shall be limited in accordance with subsection
3043(c).
(9) Work Group U (Unclassified).
An inmate undergoing reception center processing shall be assigned to Work
Group U from the date of their reception until classified at their assigned
institution, except when the inmate is assigned Work Group M by a
classification committee prior to the completion of reception center processing
in accordance with section
3044(b)(8)(G).
(c) Privileges. Privileges for
each work group shall be those privileges earned by the inmate. Inmate
privileges are administratively authorized activities and benefits required of
the secretary, by statute, case law, governmental regulations, or executive
orders. Inmate privileges shall be governed by an inmate's behavior, custody
classification and assignment. A formal request or application for privileges
is not required unless specified otherwise in this section. Institutions may
provide additional incentives for each privilege group, subject to availability
of resources and constraints imposed by security needs.
(1) To qualify for privileges generally
granted by this section, an inmate shall comply with rules and procedures and
participate in assigned activities.
(2) Privileges available to a work group may
be denied, modified, or temporarily suspended by a hearing official at a
disciplinary hearing upon a finding of an inmate's guilt for a disciplinary
offense as described in sections
3314 and
3315 of these regulations, by a
classification committee action changing the inmate's custody classification,
work group, privilege group, or institution placement, or pursuant to
subsection
3044(f)(1)(B).
(3) Disciplinary action denying, modifying,
or suspending a privilege for which an inmate would otherwise be eligible shall
be for a specified period not to exceed 30 days for an administrative rule
violation or 90 days for a serious rule violation. Loss of privileges shall not
preclude an inmate from possessing a network capable tablet for CDCR approved
and mandatory functional uses when there is no alternative to perform the
function, including, but not limited to: approved educational programs, filing
appeals and grievances, and scheduling medical appointments. If the
disciplinary sanctions provide for a temporary suspension of services, the
Hearing Officer or Senior Hearing Officer may suspend or restrict specific
discretionary features for the time specified in the disposition of the rules
violation report.
(4) A permanent
change of an inmate's privilege group shall be made only by classification
committee action under provisions of section
3375. Disciplinary or
classification committee action changing an inmate's privileges or privilege
group shall not automatically affect the inmate's work group
classification.
(5) No inmate or
group of inmates shall be granted privileges not equally available to other
inmates of the same custody classification and assignment who would otherwise
be eligible for the same privileges, except as determined by Subsections
3376(d)(3)(E)1.
through 3376(d)(3)(E)6.
(6) Changes
in privilege group status due to the inmate's placement in RHU:
(A) An inmate housed in RHU shall be
designated Privilege Group D with the exception of:
1. Inmates designated as NDRH, who shall
retain their privilege group prior to RHU placement;
2. Inmates who are assigned to the Debrief
Processing Unit (DPU) in accordance with Section
3378.7; and
3. Inmates who are on Administrative RHU
status in accordance with section
3044(i).
(7) An inmate in any
Rehabilitative Program managed by DRP shall be eligible for available
privileges subject to participating in assignment programs and shall not
require a privilege group designation with the exception of sections
3044(f) or
(g).
(8) An inmate's privileges shall be
conditioned upon each of the following:
(A)
The inmate's compliance with procedures governing those privileges.
(B) The inmate's continued
eligibility.
(C) The inmate's good
conduct and satisfactory participation in an assignment.
(9) Inmates returned to custody from parole
may be eligible to receive privileges based upon their satisfactory
participation in an assignment.
(10) When assigned to a RCGP facility, the
inmate's privileges shall be in accordance with section
3378.9.
(11) Inmates may receive up to a maximum of
four (4) packages per calendar year, (one (1) per quarter) in accordance with
their assigned privilege group.
(d) Privilege Group A:
(1) Criteria:
(A) Full-time assignment as defined in
section
3044(a).
(B) An inmate diagnosed by a physician or
mental health clinician as totally disabled shall remain in Privilege Group A,
unless changed by disciplinary action.
(C) An inmate designated by a physician or
mental health clinician as partially disabled pursuant to section
3044(b)(1)(E)
shall remain in Privilege Group A, unless changed by disciplinary
action.
(2) Privileges
for Privilege Group A are as follows:
(A)
Family visits limited only by the institution/facility resources, security
policy, section
3177(b), or other
law.
(B) Visits during
non-work/training hours, limited only by availability of space within facility
visiting hours, or during work hours when extraordinary circumstances exist as
defined in section
3045.2(d)(2).
NDRH inmates in Privilege Group A are restricted to non-contact visits
consistent with those afforded to other inmates in RHU.
(C) Maximum monthly canteen draw as
authorized by the secretary.
(D)
Telephone access during the inmate's non-work/training hours limited only by
institution/facility telephone capabilities under normal operating
conditions.
(E) Kiosk access during
the inmate's non-work or non-training hours are limited only by institution or
vendor capabilities.
(F) Access to
yard, recreation and entertainment activities during the inmate's
non-working/training hours and limited only by security needs.
(G) Excused time off as described in section
3045.2.
(H) The receipt of four inmate packages, 30
pounds maximum weight each, per year. Inmates may also receive special
purchases, as provided in subsections
3190(j) and
(k).
(I) Tablet access during the inmate's
non-work/training hours limited only by institution or vendor
capabilities.
(e) Privilege Group B:
(1) Criteria, any of the following:
(A) Half-time assignment as defined in
section
3044(a) or
involuntarily unassigned as defined in section
3044(b).
(B) A hearing official may temporarily place
an inmate into the group as a disposition pursuant to section
3314 or
3315.
(2) Privileges for Privilege Group B are as
follows:
(A) One family visit each six
months, unless limited by section
3177(b) or other
law.
(B) Visits during
non-work/training hours, limited only by availability of space within facility
visiting hours, or during work hours when extraordinary circumstances exist, as
defined in section
3045.2(d)(2).
NDRH inmates in Privilege Group B are restricted to non-contact visits
consistent with those afforded to other inmates in RHU.
(C) Seventy-five percent (75%) of the maximum
monthly canteen draw as authorized by the secretary.
(D) Telephone access during the inmate's
non-work/training hours limited only by institution/facility telephone
capabilities under normal operating conditions.
(E) Kiosk access during the inmate's
non-work/training hours limited only by institution or vendor
capabilities.
(F) Access to yard,
recreation, and entertainment activities during the inmate's
non-working/training hours and limited only by institution/facility security
needs.
(G) Excused time off as
described in section
3045.2.
(H) The receipt of four inmate packages, 30
pounds maximum weight each, per year. Inmates may also receive special
purchases, as provided in subsections
3190(j) and
(k).
(I) Tablet access during the inmate's
non-work/training hours limited only by institution or vendor
capabilities.
(f) Privilege Group C:
(1) Criteria, any of the following:
(A) The inmate who twice refuses to accept
assigned housing, or who refuses to accept or perform in an assignment, or who
is deemed a program failure as defined in section
3000.
(B) The inmate who commits a disciplinary
offense for Indecent Exposure or two or more disciplinary offenses for Sexual
Disorderly Conduct within a 12-month period from the initial disciplinary
offense shall be temporarily placed in Privilege Group C prior to adjudication
of the disciplinary offense for up to 90 days for each offense.
1. The effective date for placement in
Privilege Group C shall be the violation date.
2. The authority to temporarily place the
inmate in Privilege Group C prior to the adjudication of the disciplinary
offense shall not be delegated to staff below the level of Correctional
Lieutenant.
3. A staff member at
the level of Captain or above may modify the number of days the inmate was
placed in Privilege Group C prior to adjudication of the disciplinary
offense.
4. Upon adjudication of
the RVR, the temporary Privilege Group C no longer applies and the Senior
Hearing Officer may determine appropriate Privilege Group placement pursuant to
subsection
3315(f)(5)(C).
5. If the inmate is found not guilty or the
charges are dismissed, the inmate's privilege group shall revert back to their
prior assigned privilege group, effective the date of adjudication or
dismissal.
(C) A hearing
official may temporarily place an inmate into the group as a disposition
pursuant to section
3314 or
3315.
(D) A classification committee action
pursuant to section
3375 places the inmate into the
group. An inmate placed into Privilege Group C by a classification committee
action may apply to be removed from that privilege group no earlier than 30
days from the date of placement. Subsequent to the mandatory 30 days placement
on Privilege Group C, if the inmate submits a written request for removal, a
hearing shall be scheduled within 30 days of receipt of the written request to
consider removal from Privilege Group C.
(2) Privileges and non-privileges for
Privilege Group C are as follows:
(A) No
family visits.
(B) One-fourth the
maximum monthly canteen draw and items shall be limited to stationery,
stationery supplies, personal hygiene, vitamins and medications as authorized
by the Secretary. Inmates may maintain their current canteen items, which must
be verified with a current receipt. Any subsequent canteen purchases while on
Privilege Group C or program failure status shall be limited to stationery,
stationery supplies, personal hygiene, vitamins and medications.
(C) One personal telephone access per week
during the inmate's non-work/training hours, limited only by institution or
facility telephone capabilities under normal operating conditions.
(D) No kiosk access.
(E) Institutions shall offer no less than ten
hours of exercise in an outdoor, covered or enclosed setting each week. No
access to any other recreational or entertainment activities.
(F) No inmate packages. Inmates may receive
special purchases, as provided in subsections
3190(j) and
(k).
(G) Participation in their designated
religious service within the chapel or other approved locations once per
week.
(H) Participation in
self-help group(s).
(I) Inmates
placed on Privilege Group C pursuant to a disciplinary action or classification
committee action shall have disallowed property stored at the inmate's
institution, pending removal from Privilege Group C.
(J) Inmate participants in the Mental Health
Services Delivery System shall continue to participate in all scheduled
structured therapeutic programming activities, which shall not be counted
towards the ten hours of exercise per week.
(K) Inmates 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 program review. The IDTT may recommend
certain privileges granted to the inmate on a case-by-case basis when it is
determined suspension of privileges would cause decompensation or would be
detrimental to the inmate's mental health status.
(L) Tablet possession is permitted, but all
calling capabilities and paid services shall be restricted.
(g) Privilege Group D:
(1) Criteria: Any inmate, with the exception
of inmates placed on Administrative RHU status per section
3339 or designated NDRH, housed in
a restricted housing unit, under the provisions of sections
3335-3349 who is not assigned to
either a full-time or half-time assignment.
(2) Any inmate removed from the general
population due to disciplinary or administrative reasons, shall forfeit their
privileges within their general population privilege group pending review by a
classification committee.
(3)
Privileges and non-privileges for Privilege Group D, other than those listed
above, are as follows:
(A) No family
visits.
(B) Twenty-five percent
(25%) of the maximum monthly canteen draw as authorized by the
secretary.
(C) One personal
telephone access per week during the inmate's non-work/training hours, limited
only by institution or facility telephone capabilities under normal operating
conditions.
(D) No kiosk
access.
(E) Yard access limited by
local institution/facility security needs. No access to any other recreational
or entertainment activities.
(F)
The receipt of one inmate package, 30 pounds maximum weight each, per year.
Inmates shall be eligible to acquire an inmate package after completion of one
year of Privilege Group D assignment. Inmates may also receive special
purchases, as provided in subsections
3190(j) and
(k).
(G) Tablet possession is permitted, but all
calling capabilities and paid services shall be restricted.
(h) Privilege Group U:
(1) Criteria: Reception center inmates under
processing.
(2) Privileges and
non-privileges for Privilege Group U are:
(A)
No family visits.
(B) Canteen
Purchases. One-half of the maximum monthly canteen draw as authorized by the
secretary.
(C) One personal
telephone access per week during the inmate's non-work/training hours, limited
only by institution or facility telephone capabilities under normal operating
conditions.
(D) No kiosk
access.
(E) Yard access,
recreation, and entertainment limited by local institution/facility security
needs.
(F) Excused time off as
described in section
3045.2.
(G) No inmate packages. Inmates may receive
special purchases, as provided in subsections
3190(j) and
(k).
(i) Privilege Group AS:
(1) Criteria: Any offender in RHU serving an
Administrative RHU term as described in section
3339.
(2) Upon a guilty finding in a disciplinary
hearing, the disposition may or when mandated include assessment of one or more
penalties in accordance with sections
3314 or
3315.
(3) Privileges and non-privileges for
Privilege Group AS are:
(A) No Family
Visits.
(B) Non-contact visiting
during non-work/training hours, limited by available space within facility
non-contact visiting room.
(C)
Canteen draw may range from twenty-five percent (25%) to seventy five percent
(75%) of the maximum monthly canteen draw as authorized by the secretary and
designated by ICC.
(D) Tablet
possession is permitted, but all calling capabilities and paid services shall
be restricted.
(E) One personal
telephone access per week under normal operating conditions.
(F) No kiosk access.
(G) Enhanced out of cell yard and programming
for a combined total of 20 hours per week.
(H) Receipt of inmate packages, 30 pounds
maximum weight each. Offenders may also receive special purchases, as provided
in subsections
3190(j) and (k).
ICC shall designate between one and four packages per year.
(I) Photographs every 90 days, if the inmate
has met program expectations and has not been found guilty of serious
disciplinary behavior in that time period. ICC shall designate between one and
four photographs every 90 days.
(J)
Electrical appliances are allowed in accordance with the Authorized Personal
Property Schedule for RHU inmates, as described in Section
3190(b)(4) or
3190(b)(5).
(4) The local Interdisciplinary
Treatment Team may further restrict or allow additional authorized personal
property, in accordance with the Institution's EOP RHU operational procedure,
on a case-by-case basis above that allowed by the inmate's assigned Privilege
Group.
(j) Inmates
housed in the Psychiatric Inpatient Program will be provided telephone access
in accordance with the inmate's assigned privilege group, limited only by
institution or facility telephone capabilities and under normal operating
conditions, unless restricted by the Interdisciplinary Treatment Team with
clinical justification documented in the health record.