Cal. Code Regs. Tit. 15, § 3054.9 - Monitoring for Religious Personal Ethical Diet Program Incarcerated Person Compliance

(a) The Religious Review Committee (RRC) shall determine Religious Personal Ethical Diet (RPED) compliance violations. The RRC shall initiate and oversee the audit of RPED participants for their compliance of all conditions listed on CDCR 3030-A, Religious Meat Alternate or Religious Kosher Agreement, and the CDCR 3030-V, Vegetarian and Plant-based Diet Request and Agreement. Any alleged compliance violation of the CDCR Form 3030-A or the CDCR Form 3030-V shall be reported using CDC Form 128-B (Rev. 04/74), General Chrono, which is incorporated by reference, citing Title 15, section 3054.

(1) Any staff witnessing an RPED violation may initiate a CDC Form 128-B, General Chrono, and forward to the RRC.

(2) A first notice of violation of the RPED Program Agreement shall be documented using a CDC Form 128-B, General Chrono. The CDC Form 128-B, General Chrono, shall be dated the day the incarcerated person was notified of the violation.

(3) A second notice of violation within six months of the first notice of violation shall subject the incarcerated person to removal from the RPED program.

(4) Incarcerated persons who are issued a CDC Form 128-B first or second violation may grieve the CDC Form 128-B in accordance with Title 15, sections 3481 and 3482.

(5) Incarcerated persons who voluntarily withdraw from the RPED Program shall not be issued a violation notice dated on or after the date of their withdrawal from the program.

(b) Incarcerated person participants in the Religious Meat Alternate (RMA) and Religious Kosher (RK) diet programs are subject to audit for all terms and conditions listed on CDCR Form 3030-A. The RRC designee shall prepare the audit packet and forward to any Chaplain, who shall, within 30 calendar days, consult with the incarcerated person, giving the incarcerated person the opportunity to respond to the allegation(s) of RPED agreement compliance violations, and return the completed audit packet to Community Resources Manager for signature and distribution to C-File, Incarcerated Person, RRC and CRM.

(1) Incarcerated persons shall not be automatically issued a violation notice based solely on the fact that they were flagged during the RPED Audit.

(2) The Chaplains shall make the final determination as to whether or not the incarcerated person shall receive a CDC Form 128-B for violating the CDCR Form 3030-A, Religious Meat Alternate or Religious Kosher Agreement.

(3) The Chaplain shall complete the CDC Form 128-B with the date of interview and shall sign as the interviewer, not as the issuer. The Chaplain shall document on the CDC Form 128-B if the incarcerated person refuses to be interviewed.

(c) Incarcerated person participants in the Vegetarian and Plant-Based diet programs are subject to all terms and conditions listed on CDCR Form 3030-V. Any alleged compliance violation may be initiated by any staff using CDC Form 128-B, General Chrono, citing Title 15, section 3054. The issuer of the CDC Form 128-B or a representative of the RRC shall consult with the incarcerated person, giving the incarcerated person the opportunity to respond to the allegation(s) of RPED agreement compliance violations. The CDC Form 128-B shall be distributed to C-File, Incarcerated Person, Issuer, RRC and CRM. The RRC shall document the CDC Form 128-B in the IMTS.

(d) The RRC shall make the final determination of continuing eligibility and complete a CDCR Form 3030-C (Rev. 07/24), Religious Personal Ethical Diet Program Agreement -- Notice of Non-Compliance, which is incorporated by reference. A copy of the completed CDC Form 128-B with attachments and CDCR Form 3030-C shall be scanned into Electronic Records Management Systems and a copy provided to the incarcerated person.

Notes

Cal. Code Regs. Tit. 15, § 3054.9

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5009 and 5054, Penal Code.

1. Renumbering of former section 3054.5 to new section 3054.9, including amendment of section heading and section, filed 10-25-2022; operative 1/1/2023 (Register 2022, No. 43).
2. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).