Cal. Code Regs. Tit. 15, § 3317.1 - [Operative until 10/1/2025] Documenting Rules Violations in an Alternate Manner for Incarcerated Persons in the Mental Health Services Delivery System or the Developmental Disability Program
(a) If
the incarcerated person's behavior was so strongly influenced by symptoms of
mental illness or developmental disability/cognitive or adaptive functioning
deficits at the time the rules violation occurred, mental health staff may
recommend via the CDCR Form 115-MH-A that the incarcerated person would be
better served by having the behavior documented in an alternate manner. The
Captain shall review the Rules Violation Report (RVR) and all other documents
and information relevant to the charge, as well as the recommendation offered
by the clinician on the CDCR Form 115-MH-A.
(b) Based on his or her review, the Captain
shall do one of the following:
(1) If the
Captain does not agree with the clinician's recommendation, the Captain shall
document their reasoning for proceeding with the disciplinary hearing on a CDC
Form 128-B. The hearing officer shall proceed with hearing the Rules Violation
Report as serious or administrative based on the nature of the specific
charge(s). A copy of the CDC Form 128-B shall be attached to the RVR and
forwarded to the hearing officer for adjudication. A copy of the CDC Form 128-B
shall be issued to the incarcerated person no less than 24 hours prior to a
hearing.
(2) If the Captain agrees
with the clinician's recommendation, the Captain shall either; reduce the level
of the RVR on a Counseling Only Rules Violation Report for minor misconduct, or
void the RVR and document the behavior via a CDC Form
128-B.
(c) If the Captain
elects to void the RVR the hearing officer shall document the decision via a
memorandum and attach a copy to the CDCR Form 1154 (Rev. 07/24), Disciplinary
Action Log, which is incorporated by reference.
(d) The Captain shall provide his or her
decision and return the RVR and supporting documentation to the hearing officer
as soon as possible, but no later than five calendar days from the date of
receipt.
Notes
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
2. Certificate of Compliance as to 11-17-2015 order, including amendment of subsection (a) and repealer of subsection (d), transmitted to OAL 4-20-2016 and filed 5-24-2016; amendments operative
3. Amendment filed 6-2-2016 as an emergency; operative
4. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (b)(2), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective
5. Change without regulatory effect amending section heading and subsections (a), (b)(1) and (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
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(a) If the incarcerated person 's behavior was so strongly influenced by symptoms of mental illness or developmental disability/cognitive or adaptive functioning deficits at the time the rules violation occurred, mental health staff may recommend via the CDCR Form 115-MH-A that the incarcerated person would be better served by having the behavior documented in an alternate manner. The Captain shall review the Rules Violation Report (RVR) and all other documents and information relevant to the charge, as well as the recommendation offered by the clinician on the CDCR Form 115-MH-A.
(b) Based on his or her review, the Captain shall do one of the following:
(1) If the Captain does not agree with the clinician's recommendation, the Captain shall document their reasoning for proceeding with the disciplinary hearing on a CDC Form 128-B. The hearing officer shall proceed with hearing the Rules Violation Report as serious or administrative based on the nature of the specific charge(s). A copy of the CDC Form 128-B shall be attached to the RVR and forwarded to the hearing officer for adjudication. A copy of the CDC Form 128-B shall be issued to the incarcerated person no less than 24 hours prior to a hearing .
(2) If the Captain agrees with the clinician's recommendation, the Captain shall either; reduce the level of the RVR on a Counseling Only Rules Violation Report for minor misconduct, or void the RVR and document the behavior via a CDC Form 128-B.
(c) If the Captain elects to void the RVR the hearing officer shall document the decision via a memorandum and attach a copy to the CDCR Form 1154 (Rev. 07/24), Disciplinary Action Log, which is incorporated by reference.
(d) The Captain shall provide his or her decision and return the RVR and supporting documentation to the hearing officer as soon as possible, but no later than five calendar days from the date of receipt.
Notes
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code.
2. Certificate of Compliance as to 11-17-2015 order, including amendment of subsection (a) and repealer of subsection (d), transmitted to OAL 4-20-2016 and filed 5-24-2016; amendments operative
3. Amendment filed 6-2-2016 as an emergency; operative
4. Certificate of Compliance as to 6-2-2016 order, including amendment of subsection (b)(2), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective
5. Change without regulatory effect amending section heading and subsections (a), (b)(1) and (c) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).