Cal. Code Regs. Tit. 15, § 3269.1 - Integrated Housing

(a) An incarcerated person's race shall not be used as a primary determining factor in housing an institution's incarcerated population. Incarcerated person housing assignments shall be made on the basis of available documentation and individual case factors for appropriate housing placement. Individual case factors include, but are not limited to:

(1) History of racial violence.

(2) Commitment offense or time to serve.

(3) Classification score.

(4) Custody level.

(5) Education.

(6) Disciplinary history.

(b) Housing assignments shall be determined in a manner that ensures the safety, security, treatment, and rehabilitative needs of the incarcerated person are considered, as well as the safety and security of the public, incarcerated persons, staff, and institutions.

(c) The department's housing protocol will require male incarcerated persons to be housed in an appropriate bed, based on each incarcerated person's Integrated Housing Code (IHC) and individual case factors. The department utilizes a computer tracking system to identify, track, and monitor an incarcerated person's eligibility to integrate when being housed.

(d) The IHC shall be assigned based on a review of the incarcerated person's individual case factors and a personal interview with the incarcerated person. The incarcerated person's IHC shall be re-assessed at an incarcerated person's Annual Review, and may be adjusted as necessary if case factors change in the interim. The IHCs that may be assigned are:

(1) RE, Racially Eligible. An incarcerated person who has not been a victim or perpetrator of a racially motivated crime and can live with members of any race. It is the department's expectation that all incarcerated persons shall be coded RE, unless case factors dictate otherwise.

(2) RP, Restricted Partially. An incarcerated person who may be considered ineligible to live with incarcerated persons of a particular race. Ineligibility to live with someone of another race could be based on a racially motivated incident, where racial beliefs or attitudes were the cause of the incident.

(3) RO, Restricted to Own (Race). An incarcerated person who has been the victim or perpetrator of a racially motivated crime. Incarcerated persons who are coded RO shall not be precluded from integration in other aspects of institutional operation, such as a school or work assignment. Incarcerated persons coded as RO are not precluded from racially integrated housing for the entire duration of their sentence.

(4) RT, Restricted Temporarily by Custody. Incarcerated persons with insufficient information or documentation for the designated custody supervisor to make an objective determination shall be coded RT for Restricted Temporarily by Custody. This code may be used when conflicting information arrives with the incarcerated person or when questionable statements or behavior by the incarcerated person are observed that are not consistent with the incarcerated person's claim of eligibility.

(5) RR, Restricted by Refusal. Incarcerated person is otherwise eligible for integrated housing but refuses to participate. Refusal to accept an integrated housing assignment, when all available documentation and information does not preclude such, shall result in disciplinary action.

(e) Incarcerated persons arriving in a facility Receiving and Release shall be interviewed in accordance with the established process for intake. The designated custody supervisor shall use the information provided during the interview as well as the supporting documents received to determine the incarcerated person's eligibility for an integrated housing assignment.

(f) New arrivals at a facility or incarcerated persons who require a bed assignment change shall be housed in the first available and appropriate bed, taking into consideration all relevant case factors. Staff shall also consider other available information that would indicate or present an immediate risk or Safety Concern for the incarcerated person such as, but not limited to:

(1) Security issues including Restricted Housing Unit (RHU) placement.

(2) Request for Protective Custody.

(3) Request for Sensitive Needs Yard Designation.

(4) Security Threat Group affiliation.

(5) Medical, developmental, or cognitive impairment, or mental health concerns.

(6) Length of term.

(7) Height, weight, and age.

Staff shall continue to ensure that current housing policies regarding special category incarcerated persons covered under specific litigation remain in place during the housing process.

(g) If an incarcerated person refuses a housing assignment, the incarcerated person shall be subject to disciplinary action. Refusal to participate shall result in the issuance of a Rules Violation Report (RVR) for Conduct, subsection 3005(c), Refusing to Accept Assigned Housing, for the Specific Act of Willfully Resisting, Delaying, or Obstructing any Peace Officer in the Performance of Duty (subsection 3323(f)(6)).

(h) The suspension of privileges based on a finding of guilt in a disciplinary hearing shall be assessed as set forth in subsections 3315(g)(5)(M)1 and (M)2.

(i) In the event that facility management determines that a temporary suspension of assignments within a unit to integrated beds is warranted, the Warden or designee shall request approval from their mission-based Associate Director for a temporary suspension of integrated housing assignments consistent with a lockdown or modified program. Regular housing assignment procedures shall be resumed upon resolution of the incident.

Notes

Cal. Code Regs. Tit. 15, § 3269.1

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Johnson v. California (2005) 543 U.S. 499 [125 S. Ct. 1141], remand of Johnson v. California, (9th Cir. 2007) [Dock. No. CV 95-1192 CBM(BQR)].

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; Johnson v. California (2005) 543 U.S. 499 [125 S. Ct. 1141], remand of Johnson v. California, (9th Cir. 2007) [Dock. No. CV 95-1192 CBM(BQR)].

1. New article 1.6 (section 3269.1) and section filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
2. Amendment of subsection (g) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
3. Amendment of subsection (d)(4) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
4. Amendment of subsections (b)(5) and (e) filed 6-1-2015 as an emergency; operative 6-1-2015 (Register 2015, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-1-2015 order transmitted to OAL 10-19-2015 and filed 12/3/2015 (Register 2015, No. 49).
6. Change without regulatory effect amending subsection (e) filed 3-5-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 10).
7. Amendment filed 11-14-2022; operative 11/14/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 46).
8. Amendment of subsection (f)(1), repealer of subsection (f)(2) and subsection renumbering 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.
9. Amendment of subsection (f)(1), repealer of subsection (f)(2) and subsection renumbering 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.
10. Amendment of subsection (h) filed 3-7-2024; operative 7/1/2024 (Register 2024, No. 10).
11. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
12. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (f)(5), transmitted to OAL 6-18-2024 and filed 7/31/2024 (Register 2024, No. 31).