Cal. Code Regs. Tit. 15, § 3312.1 - [Operative 10/1/2025] Disciplinary Methods for Incarcerated Persons in the Developmental Disability Program

(a) Incarcerated persons in the Developmental Disability Program (DDP) are subject to discipline in accordance with this article. However, throughout the disciplinary process, staff must take into consideration each incarcerated person's adaptive support need(s) as it relates to the alleged misconduct.

(b) For incarcerated persons in the DDP, staff shall monitor the incarcerated person's behavior, and except as provided in subdivision (c), shall address minor misbehavior informally, utilizing verbal counseling in accordance with section 3312(a)(1). Verbal counseling includes prompting, providing clear and specific instructions, utilizing effective communication, or all the above, commensurate with the incarcerated person's specific adaptive support need(s), and warning the incarcerated person of consequences of continued misbehavior.

(c) Should verbal counseling not correct the incarcerated person's behavior or if the incarcerated person's alleged misconduct is serious in nature, staff shall utilize the disciplinary methods in section 3312(a)(2) and (3). Staff must take into consideration the severity of the incarcerated person's disability and the incarcerated person's need for adaptive support services when determining the method of discipline. If informal intervention is successful and the incarcerated person in the DDP corrects their behavior, an RVR shall not be issued.

(1) If circumstances at the time of the misbehavior allow staff the opportunity to utilize verbal counseling, staff shall review the incarcerated person's adaptive support need(s) and provide relevant adaptive support(s). Staff must ensure the incarcerated person understands, to the best of the incarcerated person's ability, the consequences of continued misbehavior.

(2) The Rules Violation Report (RVR) shall include whether relevant adaptive support service(s) were provided to the incarcerated person, and the staff's assessment of whether the incarcerated person understood, to the best of the incarcerated person's ability, the consequences of their behavior.

(3) Attempting to correct alleged misconduct informally is not required if the circumstances at the time of the alleged misconduct did not allow staff the opportunity to provide verbal counseling to address the behavior.

(4) A CDCR Form 115-MH-A (Rev. 12/15), Rules Violation Report: Mental Health Assessment (MHA), incorporated by reference, shall be completed by a trained Mental Health Assessing Clinician (AC) for incarcerated persons in the DDP, consistent with section 3317.

(5) When adjudicating an RVR, the hearing official shall take into account the incarcerated person's adaptive support need(s), as indicated on their automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results, located within SOMS and incorporated by reference, at the time of the incident, and whether the need for adaptive support(s) contributed to the alleged misconduct. Victimization, when listed on the 128C-2, must always be considered. The hearing official shall document in the disability section of the RVR whether or not each of the incarcerated person's noted adaptive support need(s) contributed to the alleged misconduct, and the hearing official shall also document their reasoning for their determination.

(6) The hearing official shall consider the AC's evaluation, as documented on the MHA. The hearing official shall document their consideration of the AC's evaluation and take appropriate action to mitigate the adverse impact to the incarcerated person if the incarcerated person's alleged misconduct that led to the RVR was related to a cognitive or adaptive functioning deficit and was found to have contributed to the incarcerated person's behavior. The Senior Hearing Officer shall document the action taken in the Disciplinary Hearing Results section of the SOMS.

(7) The hearing official may mitigate penalties as recommended by the AC. If the hearing official does not mitigate penalties consistent with the AC's recommendation, they shall document the reasoning for their decision.

(8) The Chief Disciplinary Officer (CDO) shall review all disciplinary methods and action in accordance with sections 3312(c)(1) and (c)(2). The CDO's determination shall be consistent with the primary objective of the DDP, as stated in section 3369.5(a). For RVRs issued to incarcerated persons in the DDP, the CDO shall be the ADA Coordinator.

(d) The Americans with Disabilities Act (ADA) Coordinator at DDP designated institutions shall review RVRs issued to incarcerated persons in the DDP at least monthly to identify any patterns of misconduct that may be related to the incarcerated person's developmental disability. If the ADA Coordinator determines the patterns of misconduct may be related to the incarcerated person's developmental disability, they shall refer the incarcerated person to the DDP Clinician or Interdisciplinary Support Team for review of appropriateness of all or any of the following: the incarcerated person's current DDP designation; classification; or program placement.

(e) If an incarcerated person in the DDP exhibits ongoing behavioral problems, institution clinical staff shall refer the case to the designated DDP Clinician, or their designee, for assistance in assessing the causes of the behavior and creating a behavior modification plan, when appropriate.

Notes

Cal. Code Regs. Tit. 15, § 3312.1

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; CCR, Title 15, Division 3, Chapter 1, Subchapter 4, Article 5, Incarcerated Person Discipline; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

1. New section filed 6-3-2025; operative 10/1/2025 (Register 2025, No. 23).