Cal. Code Regs. Tit. 15, § 3315 - Serious Rule Violations
(a)
Incarcerated person misconduct reported on a RVR shall be classified serious
if:
(1) It is a serious disciplinary offense
not specified as administrative in section
3314(a)(3), an
offense punishable as a misdemeanor, whether or not prosecution in undertaken,
or is a felony, whether or not prosecution is undertaken.
(2) It involves any one or more of the
following circumstances:
(A) Use of force or
violence against another person.
(B) A breach of or hazard to facility
security.
(C) A serious disruption
of facility operations.
(D) The
introduction, distribution, possession, or use of controlled substances,
alcohol, or dangerous contraband.
(E) An attempt or threat to commit any act
listed in (A) through (D), coupled with a present ability to carry out the
threat or attempt if not prevented from doing so.
(3) Serious rule violations include but are
not limited to:
(A) Misconduct reportable to
the incarcerated person's releasing authority.
(B) Theft, embezzlement, destruction, or
damage to another's personal property, state funds, or state
property.
(C) Hideout, preparation
to escape, or possession of escape paraphernalia.
(D) Tattooing or possession of tattoo
paraphernalia.
(E) Manufacture of
alcohol or possession of any controlled substance, unauthorized drug,
intoxicant, or illegal substance.
(F) Being under the influence or use of
alcoholic beverages, controlled substances, unauthorized drugs or intoxicants
in an institution, community correctional facility, or camp.
(G) Possession of five dollars or more
without authorization.
(H) Acts of
disobedience or disrespect which by reason of intensity or context create a
potential for violence or mass disruptive conduct.
(I) Willfully inciting others to commit an
act of force or violence.
(J)
Refusal to perform work or participate in a program as ordered or
assigned.
(K) Recurring failure to
meet work or program expectations within the incarcerated person's abilities
when lesser disciplinary methods failed to correct the misconduct.
(L) Participation in a strike or work
stoppage.
(M) A repeated pattern of
administrative rule violations for the same offense.
(N) Mail or visiting violations presenting a
threat as described in (2) above.
(O) Harassment of another person, group, or
entity either directly or indirectly through the use of the mail or by any
other means.
(P) Throwing any
liquid or solid substance on a non-incarcerated person.
(Q) Unauthorized possession of departmental
records or documents which could affect any incarcerated person's release
status.
(R) Refusal to submit to a
test for controlled substances or alcohol.
(S) Refusal to provide blood specimens, a
saliva sample, and palm and thumb print impressions pursuant to Penal Code,
Part 1, Title 9, Chapter 6, Articles 1 through 7 (sections
295 et seq.), after receiving
written notification that such specimens and samples must be
provided.
(T) Participation in
gambling.
(U) Late return or
failure to return from a temporary community release or leave.
(V) Unauthorized possession of materials or
substances which have been modified or altered from their original manufactured
state or purpose with their potential to be made, or in the process of being
made, into a weapon; explosive or explosive-making materials; poison, caustic
substance; or any destructive device.
(W) Self mutilation or attempted suicide for
the purpose of manipulation.
(X)
Possession or constructive possession of any wireless communication device or
any component thereof including, but not limited to, a Subscriber Identity
Module (SIM) card, memory storage devices, batteries, wired or wireless
headsets, or chargers, except as expressly authorized by the Secretary,
pursuant to subsection
3190(k)(8).
(Y) Involvement in a conspiracy or attempt to
do any of the above.
(Z) Security
Threat Group (STG) Directing or Controlling Behavior: Demonstrating activity,
behavior or status as a recognized member and/or leader of an STG, which
jeopardizes the safety of the public, staff or other incarcerated person(s),
and/or the security and orderly operation of the institution.
(AA) Security Threat Group (STG) Disruptive
or Violent Behavior: Demonstrating involvement in activities or an event
associated with a STG, which jeopardizes the safety of the public, staff or
other incarcerated person(s), and/or the security and orderly operation of the
institution.
(b) In addition to the disciplinary hearing,
the incarcerated person may be subject to restricted housing placement pursuant
to sections
3312 and
3335 through
3349; and referral for prosecution
when the misconduct is a criminal offense.
(c) Hearing. Serious rule violations shall be
heard at the Senior Hearing Officer (SHO) or higher level. A SHO shall not be
below the level of a captain, correctional counselor III, parole agent III, or
an experienced correctional lieutenant, correctional counselor II, or parole
agent II.
(d) An incarcerated
person shall be assigned an employee to assist in the investigation of matters
pertaining to a disciplinary action when the chief disciplinary officer or
designee determines the necessity based on the following criteria.
(1) Investigative Employee.
(A) An investigative employee, as described
in section
3318(a), shall be
assigned when the staff designated to classify the serious rule violation
determines that:
1. The complexity of the
issues require further investigation.
2. The housing status makes it unlikely the
charged incarcerated person can collect and present the evidence necessary for
an adequate presentation of a defense.
3. A determination has been made that
additional information is necessary for a fair hearing.
4. The behavior may present a nexus with a
Security Threat Group.
(B) The incarcerated person may choose to
waive the assignment of an investigative employee as required by subsection (2)
above. The incarcerated person's request to waive assistance of an
investigative employee under this subsection will be indicated in the "waived
by incarcerated person" checkbox on the RVR (formerly noted on the CDC Form
115-A and signed and dated by the incarcerated person. The classifying official
may choose to un-assign the investigative employee based on the incarcerated
person's signed waiver on the RVR.
(C) Staff who witnessed or who will serve as
a hearing official for a rule violation shall not serve as the investigative
employee for that violation.
(D)
The incarcerated person may not select the investigative employee, but may
object to the one assigned and provide, in writing to the classifying official,
the reasons for the objection. The classifying official shall evaluate the
incarcerated person's objection(s) and, if determined to be reasonable, assign
an alternate investigative employee to complete the investigation. If the
classifying official determines that the incarcerated person's objections are
not reasonable, the original investigative employee shall complete the
investigation. The incarcerated person's objection must be expressed prior to
the beginning of the investigation. The classifying official shall document
within an Informative Chrono their decision to deny or approve a request for an
alternate investigative employee, and if denied, explain the reason(s) for
denial. The Informative Chrono shall be included in the Rules Violation Report
documents.
(E) Assignment of an
investigative employee shall not preclude the assignment of a staff
assistant.
(2) Staff
Assistant.
(A) The incarcerated person shall
be assigned a staff assistant, as described in section
3318(b), to
assist in the preparation, and presentation of a defense at the disciplinary
hearing if the classifying official determines:
1. The incarcerated person is illiterate or
non-English speaking.
2. The
complexity of the issues are such that assistance is necessary so the
incarcerated person comprehends the nature of the charges or the disciplinary
process
3. The incarcerated
person's disability is such that staff assistance would be necessary for the
incarcerated person to participate in the disciplinary
process.
(B) At any point
prior to the disciplinary hearing, if it is discovered that the incarcerated
person may need a staff assistant, the classifying official or staff at an
equal or higher rank, shall be advised in writing of the need, and if
appropriate per section
3315(d)(2)(A),
order the assignment of the staff assistant. If the need for staff assistance
is discovered by the hearing official at the time of the disciplinary hearing,
the hearing official shall postpone the hearing and order the assignment of the
staff assistant. In either instance, the incarcerated person shall be provided
at least a 24 hour time period to allow for preparation with the assigned staff
assistant prior to participating in the disciplinary hearing.
(C) An incarcerated person may refuse to
accept the first staff assistant at the time of assignment or at any time
during the disciplinary process.
(D) If the incarcerated person refuses the
staff assistant at the time of initial assignment, a second staff assistant
shall be assigned.
(E) If the
incarcerated person refuses to accept the second staff assistant or withdraws
acceptance of an assigned staff assistant, the assignment of another staff
assistant shall not be required unless the chief disciplinary officer or
designee determines that a fair hearing cannot be held without staff
assistance.
(1) Incarcerated person
participants in the Mental Health Services Delivery System at the level of
Enhanced Outpatient Program, Mental Health Crisis Bed, Department of State
Hospitals, or Developmentally Disabled Program participants at the level of
DD1-DD3, are ineligible to waive or refuse the assignment of a staff assistant.
The staff assistant shall perform their required duties to the extent possible
despite a waiver or refusal by the ineligible incarcerated person to
cooperate.
(F)
Assignment of a staff assistant shall not preclude assignment of an
investigative employee.
(1) When an inmate
has been assigned a staff assistant and an investigative employee, the staff
assistant must be present during any questioning by the investigative employee.
1. When an incarcerated person has been
assigned a staff assistant and an investigative employee, the staff assistant
must be present during any questioning by the investigative
employee.
(e) Witnesses. An incarcerated person may
request that friendly and adverse witnesses attend the hearing.
(1) Requested witnesses shall be called
unless the official conducting the hearing denies the request for one of the
following reasons:
(A) The appearance would
endanger the witness.
(B) The
official determines that the witness has no relevant or additional
information.
(C) The witness is
unavailable.
(2) If an
incarcerated person's request for a witness is denied, the reasons shall be
documented on the RVR.
(3) Whether
or not the incarcerated person requests a witness, witnesses may be called if
the official conducting the hearing determines the witnesses may have
information necessary to the finding of fact.
(4) The reporting employee shall attend the
disciplinary hearing or be available for questioning via speakerphone if
requested by the incarcerated person.
(5) Under the direction of the official
conducting the disciplinary hearing, the incarcerated person has the right to
ask questions of all witnesses called. The SHO will screen all questions to
ensure they are relevant to the violation charged.
(6) Nothing in this section shall preclude
making a witness available by speaker phone for a disciplinary
hearing.
(f) In addition
to the California Code of Regulations Title 15, Division 3, section
3320(c)(1)
criteria, prior to a disciplinary hearing for a serious Rules Violation Report
(RVR), incarcerated persons shall have the opportunity to review
non-confidential portions of audio or video recording(s) which are directly
relevant to their serious RVR offense.
(1)
Audio or video recording(s) reviewed by an incarcerated person shall be
considered as evidence and included in the disciplinary hearing
process.
(2) The SHO shall not deny
an incarcerated person the ability to review non-confidential audio or video
recording(s) unless it contains materials mentioned in subsection
3321(a). Denial
of confidential portions of audio or video recordings will be disclosed on the
automated Confidential Information Disclosure Form (Rev. 7/23) which is hereby
incorporated by reference.
(3)
Incarcerated persons shall be allowed to review the audio or video recording(s)
at least 24 hours prior to a serious disciplinary hearing, unless waived by the
incarcerated person in accordance with Title 15, section
3320(c)(2).
(g) Disposition. Upon completion of the
fact-finding portion of the disciplinary hearing, the incarcerated person may
be found:
(1) Not guilty and the charges
dismissed.
(2) Guilty of an
administrative rather than a serious rule violation. In such case, the RVR
shall be reduced to an administrative level offense and the incarcerated person
may be assessed only a disposition authorized in section
3314.
(3) Guilty as charged or guilty of an
included serious rule violation and assessed a credit forfeiture pursuant to
section 3323.
(4) If the violation included an act related
to the use, possession, or distribution of controlled substances, controlled
medication, drugs or drug paraphernalia; or if the incarcerated person refused
to submit to a test for controlled substances or drugs, the disposition shall
include an order for the incarcerated person to submit to mandatory random drug
testing for one year from the date of the order.
(A) For the first offense, the incarcerated
person shall be retested within 90 days.
(B) For the second and all subsequent
offenses, the incarcerated person shall be placed in the MRDT program, and must
provide one random drug test every 90 days for one year. With each subsequent
positive test result and guilty finding, the Senior Hearing Officer shall reset
the mandatory testing period.
(C)
The incarcerated person shall be informed that refusal to submit to a random
test or any positive test result during the mandatory random drug-testing
period shall result in the issuance of a RVR and a new mandatory drug testing
order.
(5) The
disposition may or when mandated shall include assessment of one or more of the
following:
(A) Any combination of penalties
authorized for administrative rule violations in section
3314(e).
(B) Suspension of privileges specified by the
hearing official for no more than a 90-day period starting the date the rule
violation report was adjudicated. The suspension of privileges for violations
of subsections
3016(a),
3016(b),
3016(d), and
3290(d) shall be
assessed as follows:
1. Thirty days for the
first offense.
2. Sixty days for
the second offense.
3. Ninety days
for the third offense.
(C) Placement into privilege group B or C for
no more than a 90-day period starting from the date the rule violation report
was adjudicated. Incarcerated persons placed into Privilege Group C as a result
of a disciplinary action who are participating in the Mental Health Services
Delivery System at the Enhanced Outpatient Program level of care or higher
shall be referred to the Interdisciplinary Treatment Team by the hearing
official by documenting the information on a CDCR Form 128-MH5 (Rev. 05/14),
Mental Health Referral Chrono, as a routine referral for program
review.
(D) Disciplinary detention
or confinement to quarters as provided in sections
3330 and
3333 for not more than a ten-day
period. If facility security will not be jeopardized, the incarcerated person
shall be released to attend work and program assignments.
(E) Referral to a classification committee
for consideration of placement in Work Group C.
(F) Suspension of all or part of dispositions
other than credit forfeitures, ordered random drug testing and classification
committee referrals, for up to six months based on the incarcerated person's
compliance with the conditions specified for suspension.
(G) Imposition of all or part of an existing
suspended disposition when the current rule violation is a violation of
conditions specified in a suspended disposition. Imposition of a suspended
disposition shall not include confinement to quarters or disciplinary detention
for a period exceeding ten days except as provided in section
3322.
(H) For a violation of subsection
3016(d), there
shall be a loss of visits for one year to be followed by non-contact visits for
two years. In addition, the following loss of family visiting (overnight) shall
apply upon conclusion of the non-contact visiting restriction:
1. Loss of family visiting (overnight)
program for three years for first offense.
2. Loss of family visiting (overnight)
program for seven years for second offense.
3. Permanent exclusion from family visiting
(overnight) program for third offense.
(I) Loss of visits to be followed by
non-contact visits for violations of subsection
3016(a),
3016(b) (with the
exception of alcohol violations), or 3290(d) shall be as follows:
1. Loss of visits for 90 days, to be followed
by non-contact visits for 90 days and loss of family visiting (overnight)
program for one year upon conclusion of the non-contact restriction for the
first offense.
2. Loss of visits
for 90 days, to be followed by non-contact visits for 180 days and loss of
family visiting (overnight) program for three years upon conclusion of the
non-contact restriction for the second offense.
3. Loss of visits for 180 days, to be
followed by non-contact visits for 180 days and loss of family visiting
(overnight) program for five years upon conclusion of the non-contact
restriction for the third offense.
(J) Violation of subsections
3016(a),
3016(b),
3016(d), and
3290(d) shall
result in:
1. For the first offense, the
incarcerated person shall be required to attend Alcoholics Anonymous or
Narcotics Anonymous, or be placed on a wait list to attend, along with loss of
pay for 90 days from a paid work assignment.
2. For the second offense, the incarcerated
person shall be referred for placement into the Cognitive Behavioral
Interventions (CBI) Intensive Outpatient program, provided that program
eligibility criteria are met, along with loss of pay for 180 days from a paid
work assignment.
3. For the third
and all subsequent offenses, the incarcerated person shall be referred for
placement into the CBI Intensive Outpatient program, provided that program
eligibility criteria are met, and mandatory treatment shall be a condition of
parole. Additionally, the incarcerated person shall be referred for removal
from a paid work assignment for one year.
(K) Violation of Indecent Exposure or Sexual
Disorderly Conduct of sections
3007,
3323(d)(9),
3323(f)(4), and
3323(g)(7) shall
result in:
1. First offense violation shall
result in loss of any or all of the following for up to 90 days: canteen,
appliances, incarcerated person packages, telephone privileges, and personal
property.
2. Second offense and
subsequent offense violation(s) shall result in loss of any or all of the
following for up to 180 days: canteen, appliances, incarcerated person
packages, telephone privileges, and personal property.
(L) Incarcerated persons placed in Restricted
Housing Units (RHU) or other restricted housing on Privilege Group D, who are
deemed to be program failures, as defined in section
3000, based on conduct while in
the RHU or other restricted housing, shall not possess personal entertainment
appliances. An incarcerated person who is deemed a program failure by a
classification committee is subject to having their personal property
appliances stored by the institution pending removal of program failure
designation. Incarcerated persons deemed a program failure who receive one or
more additional Administrative or Serious Rules Violation Reports while
assigned to program failure status shall be required to mail out, return,
donate, or dispose of disallowed property in accordance with subsection
3191(c).
Incarcerated persons who are not deemed to be program failures but who are
found guilty of any RVR per this section, based on their conduct while in RHU
or other restricted housing, are subject to temporary loss of their
entertainment appliances as follows:
1.
Thirty days for the first offense.
2. Sixty days for the second
offense.
3. Ninety days for the
third and subsequent offenses.
(M) Violation of Refusing to Accept Assigned
Housing of sections
3005(c) and
3269.1 shall result in:
1. First offense violation shall result in
loss of any or all of the following for up to 90 days: canteen, appliances,
incarcerated person packages, telephone privileges, and personal
property.
2. Second offense and
subsequent offense violation(s) shall result in loss of any or all of the
following for up to 180 days: canteen, appliances, incarcerated person
packages, telephone privileges, and personal property.
(N) Violation of Refusing to Accept Assigned
Housing of subsection
3005(c) shall
result in:
1. First offense violation shall
result in loss of any or all of the following for up to 90 days: canteen,
appliances, incarcerated person packages, telephone privileges, and personal
property.
2. Second offense and
subsequent offense violation(s) shall result in loss of any or all of the
following for up to 180 days: canteen, appliances, incarcerated person
packages, telephone privileges, and personal property, and referral to a
classification committee for review and determination for program failure. An
incarcerated person who is deemed a program failure by a classification
committee is subject to having their personal property/appliances stored by the
institution pending removal of program failure designation.
(O) Violation of subsection
3323(d)(8) shall
result in a loss of visits for 180 days followed by non-contact visits
permanently.
(P) Violation of
subsection
3323(f)(5) shall
result in:
1. Loss of visits for 90 days, to
be followed by non-contact visits for 90 days for the first offense.
2. Loss of visits for 90 days, to be followed
by non-contact visits for 180 days for the second offense.
3. Loss of visits for 180 days, to be
followed by non-contact visits permanently for the third
offense.
(Q) Violation of
Subsection
3006(a) or
3006(c)(20) shall
result in:
1. Loss of family visiting
(overnight) program for one year for first offense.
2. Loss of family visiting (overnight)
program for three years for second offense.
3. Loss of family visiting (overnight)
program for five years for third offense.
(h)
Classification Committee Review. Any serious disciplinary action requiring
reconsideration of an incarcerated person's program, work group, or housing
assignment, shall be referred to the next reasonably scheduled classification
committee for review. This review shall not occur until the chief disciplinary
officer's audit of the RVR has been concluded. The classification committee
shall affirm or modify the incarcerated person's program, work group, or
housing assignment.
(i) If the
hearing official finds the incarcerated person guilty of a rule violation which
includes a nexus to a STG, a copy of the completed Rules Violation Report shall
be forwarded to the STG Lieutenant.
(j) The author of a Rules Violation Report
may submit a CDCR Form 1027 (8/18), Audio-Video Surveillance System Evidence
Request, which is incorporated by reference, to his or her supervisor to have
any audio recordings, video recordings, or both forms of recordings related to
the circumstances that gave rise to the rules violation preserved. Audio or
video recordings preserved as part of a serious Rules Violation Report shall be
reviewed by the Senior Hearing Officer during the hearing process.
Notes
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 295, 295.1, 295.2, 296, 296.1, 296.2, 297, 298, 298.1, 298.2, 298.3, 299, 299.5, 299.6, 299.7, 300, 300.1, 300.2, 300.3, 314, 530, 532, 646.9, 647, 653, 2931, 2932, 2933, 4501.1, 4573.6, 4576, 5054 and 5068, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 295, 295.1, 295.2, 296, 296.1, 296.2, 297, 298, 298.1, 298.2, 298.3, 299, 299.5, 299.6, 299.7, 300, 300.1, 300.2, 300.3, 314, 530, 532, 646.9, 647, 653, 2931, 2932, 2933, 4501.1, 4573.6, 4576, 5054 and 5068, Penal Code.
2. Amendment filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
3. New subsection (g) filed 9-30-77; effective thirtieth day thereafter (Register 77, No. 40).
4. Amendment of subsection (a)(3), renumbering of subsections (a)(16)-(a)(19) to (a)(18)-(a)(21) and new subsections (a)(16)-(a)(17) filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
5. Amendment of subsections (a)(3), (b)(4) and (b)(5) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).
6. Amendment of subsection (d) filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
7. Amendment of subsection (b)(1) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
8. Amendment of subsection (a)(19) filed 2-16-83; effective thirtieth day thereafter (Register 83, No. 8).
9. Amendment of subsections (a), (b)(4), (f)(4) and repealer and new subsection (d) filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
10. Editorial correction of subsections (b) and (c) filed 2-19-85 (Register 85, No. 8).
11. Amendment of subsections (b), (c), (e) and (g) filed 8-7-87 as an emergency; operative 8-7-87 (Register 87, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-7-87.
12. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
13. Amendment of subsections (b), (c), (e) and (g) filed 1-4-88 as an emergency; operative 1-4-88 (Register 88, No. 16). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-3-88.
14. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-30-88; disapproved by OAL (Register 88, No. 24).
15. Amendment filed 6-2-88 as an emergency; operative 6-2-88 (Register 88, No. 24). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 9-30-88.
16. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
17. New subsection (a)(14), subsection renumbering, and amendment of Note filed 7-29-93 as an emergency; operative 7-29-93 (Register 93, No. 31). A Certificate of Compliance must be transmitted to OAL 11-26-93, or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-29-93 order transmitted to OAL 11-18-93 and filed 12-31-93 (Register 94, No. 1).
19. Amendment of section and Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
20. Amendment of subsection (f)(4) filed 7-1-96 as an emergency; operative 7-1-96 (Register 96, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-8-96 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-1-96 order transmitted to OAL 9-23-96 and filed 11-4-96 (Register 96, No. 45).
22. Change without regulatory effect amending subsection (f)(5)(A) filed 12-2-96 pursuant to section 100, title 1, California Code of Regulations (Register 96, No. 49).
23. Amendment of subsections (c), (f)(5)(D) and (g) filed 10-16-97 as an emergency; operative 10-16-97 (Register 97, No. 42). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 3-25-97 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 10-16-97 order transmitted to OAL 3-23-98 and filed 5-4-98 (Register 98, No. 19).
25. Amendment filed 8-27-98 as an emergency; operative 8-27-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-3-99 or emergency language will be repealed by operation of law on the following day,
26. Amendment of subsection (a)(3)(M) filed 12-1-98 as an emergency; operative 12-1-98 (Register 98, No. 49). Pursuant to Penal Code 5058(e), a Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
27. Amendment refiled 2-3-99 as an emergency, including further amendment redesignating former subsections (f)(5)(I)(1)-(3) as subsections (f)(5)(I)1.-3.; operative 2-3-99 (Register 99, No. 6). Pursuant to Penal Code section 5058(e), a Certificate of Compliance must be transmitted to OAL by 7-13-99 or emergency language will be repealed by operation of law on the following day.
28. Certificate of Compliance as to 12-1-98 order transmitted to OAL 5-7-99 and filed 6-4-99 (Register 99, No. 23).
29. Certificate of Compliance as to 2-3-99 order, including new subsection (f)(5)(H), subsection relettering and amendment of newly designated subsection (f)(5)(I), transmitted to OAL 5-12-99 and filed 6-24-99 (Register 99, No. 26).
30. New subsection (a)(3)(S), subsection relettering and amendment of Note filed 9-20-99 as an emergency; operative 9-20-99 (Register 99, No. 39). Pursuant to Penal Code section 5058(e) a Certificate of Compliance must be transmitted to OAL by 2-28-2000 or emergency language will be repealed by operation of law on the following day.
31. Certificate of Compliance as to 9-20-99 order transmitted to OAL 1-14-2000 and filed 2-22-2000 (Register 2000, No. 8).
32. Amendment of subsection (a)(3)(S) filed 10-4-2002 as an emergency pursuant to a certificate of operational necessity under Penal Code section 5058.3; operative 10-4-2002 (Register 2002, No. 40). Pursuant to Penal Code section 5058.3, this filing is deemed an emergency and a Certificate of Compliance must be transmitted to OAL by 3-13-2003 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 10-4-2002 order, including further amendment of subsection (a)(3)(S), transmitted to OAL 3-12-2003 and filed 4-8-2003 (Register 2003, No. 15).
34. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering filed 1-9-2004 as an emergency; operative 1-9-2004 (Register 2004, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2004 or emergency language will be repealed by operation of law on the following day.
35. Amendment of subsection (f)(5)(B), new subsection (f)(5)(C) and subsection relettering refiled 6-17-2004 as an emergency; operative 6-17-2004 (Register 2004, No. 25). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-24-2004 or emergency language will be repealed by operation of law on the following day.
36. Certificate of Compliance as to 6-17-2004 order transmitted to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
37. New subsections (f)(5)(L)-(f)(5)(L)2. and amendment of Note filed 2-23-2007 as an emergency; operative 2-23-2007 (Register 2007, No. 8). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-2-2007 or emergency language will be repealed by operation of law on the following day.
38. Certificate of Compliance as to 2-23-2007 order transmitted to OAL 7-27-2007 and filed 9-5-2007 (Register 2007, No. 36).
39. New subsections (f)(5)(M)-(f)(5)(M)2. filed 12-28-2007; operative 12-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 52).
40. New subsections (f)(5)(N)-(f)(5)(N)2. filed 3-18-2008 as an emergency; operative 3-18-2008 (Register 2008, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2008 or emergency language will be repealed by operation of law on the following day.
41. Amendment filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 32).
42. Certificate of Compliance as to 3-18-2008 order transmitted to OAL 8-18-2008 and filed 9-15-2008 (Register 2008, No. 38).
43. New subsections (f)(5)(O)-(f)(5)(P)3. filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
44. Editorial correction restoring placement of subsections (f)(5)(N)1.-2. (Register 2010, No. 15).
45. Amendment of subsections (a)(3)(B) and (f)(5)(K) filed 7-19-2011; operative 8-18-2011 (Register 2011, No. 29).
46. New subsection (a)(3)(X) and amendment of Note filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 5-17-2012 or emergency language will be repealed by operation of law on the following day.
47. Change without regulatory effect amending Note filed 3-8-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 10).
48. Certificate of Compliance as to 12-9-2011 order transmitted to OAL 5-3-2012 and filed 6-6-2012 (Register 2012, No. 23).
49. Change without regulatory effect amending subsection (f)(5)(L)1. filed 1-8-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 2).
50. Amendment of subsections (f)(5)(K)(1)-(f)(5)(L), (f)(5)(L)(3), (f)(5)(M)1.-2. and (f)(5)(N)1.-2. filed 1-8-2014 as an emergency; operative 1-8-2014 (Register 2014, No. 2). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-17-2014 or emergency language will be repealed by operation of law on the following day.
51. Amendment of subsections (f)(5)(J)1.-3. filed 3-18-2014 as an emergency; operative 3-18-2014 (Register 2014, No. 12). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-25-2014 or emergency language will be repealed by operation of law on the following day.
52. Certificate of Compliance as to 1-8-2014 order transmitted to OAL 6-16-2014 and filed 7-22-2014 (Register 2014, No. 30).
53. Certificate of Compliance as to 3-18-2014 order transmitted to OAL 8-21-2014 and filed 9-18-2014 (Register 2014, No. 38).
54. New subsections (a)(3)(Z)-(AA), (d)(1)(A)4. and (h) filed 10-17-2014; operative
55. New subsection (i) filed 11-17-2015 as an emergency; operative 11-17-2015 (Register 2015, No. 47). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 4-25-2016 or emergency language will be repealed by operation of law on the following day.
56. Amendment of subsections (f)(5)(J)2.-3. filed 3-29-2016 as an emergency; operative 3-29-2016 (Register 2016, No. 14). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-6-2016 or emergency language will be repealed by operation of law on the following day.
57. Reinstatement of section as it existed prior to 11-17-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 22).
58. Amendment of subsections (a), (d) and (d)(1)(B), new subsections (d)(1)(B)1.-8., and amendment of subsections (d)(1)(D), (d)(2)(E)-(d)(2)(E)(1), (e)(2), (f)(2), (f)(4)(D) and (g) filed 6-2-2016 as an emergency; operative
59. Reinstatement of subsections (f)(5)(J)2.-3. as they existed prior to 3-29-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 37).
60. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (d), repealer of subsections (d)(1)(B)1.-8. and amendment of subsections (d)(2)(E)-(d)(2)(E)(1), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective
61. Amendment of subsections (f)(4)(A)-(C), repealer of subsection (f)(4)(D), amendment of subsections (f)(5)(B), (f)(5)(D)1.-2., (f)(5)(H) and (f)(5)(J)-(f)(5)(J)3. and amendment of Note filed 4-9-2018; operative
62. Amendment of subsections (f)(5)(H) and (f)(5)(I)1.-3. and new subsections (f)(5)(Q)-(f)(5)(Q)3. filed 1-15-2019; operative
63. Change without regulatory effect amending subsections (f)(5)(K) and (f)(5)(P) filed 3-5-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 10).
64. New subsection (i) filed 2-5-2020; operative
65. Amendment of subsection (a)(3)(X) filed 7-23-2020 as an emergency; operative
66. Emergency filed 7-23-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 4-30-2021 or emergency language will be repealed by operation of law on the following day.
67. Amendment of subsections (f)(5)(C), (f)(5)(L) and (f)(5)(N) filed 2-24-2021; operative
68. Amendment of subsections (f)(5)(J)2.-3. filed 4-27-2021 as an emergency; operative 4-27-2021 (Register 2021, No. 18). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 2-1-2022 or emergency language will be repealed by operation of law on the following day.
69. Amendment of subsection (a)(3)(X) refiled 4-27-2021 as an emergency; operative
70. Editorial correction of History 68 (Register 2021, No. 36).
71. Certificate of Compliance as to 4-27-2021 order, including amendment of subsection (a)(3)(X), transmitted to OAL 11-29-2021 and filed 12-20-2021; amendments effective
72. Amendment of subsections (f)(5)(J)2.-3. refiled 2-1-2022 as an emergency; operative
73. Amendment of subsections (f)(5)(J)2.-3. refiled 5-2-2022 as an emergency; operative
74. Certificate of Compliance as to 5-2-2022 order transmitted to OAL 7-20-2022 and filed
75. Amendment of subsections (b), (c) and (f)(5)(L) filed 10-24-2023 as an emergency; operative
76. New subsections (f)-(f)(3), subsection relettering and amendment of newly designated subsection (g)(5)(N)2. filed 3-7-2024; operative
77. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
78. Certificate of Compliance as to 4-8-2024 order, including further amendment of subsection (g)(5)(L), transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective
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