Cal. Code Regs. Tit. 15, § 3326 - Records of Disciplinary Matters

(a) Upon conclusion of disciplinary proceedings, all documents relating to the disciplinary process, findings, and disposition shall be disposed of in the following manner:

(1) When an incarcerated person is held responsible for the act charged, copies of all documents prepared for and used in the disciplinary proceedings shall be placed in the incarcerated person's central file. A copy of the completed RVR shall be provided to the incarcerated person.

(2) When the incarcerated person is found not guilty of the act charged or when the charge is dismissed for any reason, a copy of the action taken shall be provided to the incarcerated person. All electronic copies of documents prepared for and used in the disciplinary process shall be removed from general view and stored in SOMS, serving as the Register of Institutional Violations.

(3) Unless information developed through the disciplinary process, such as enemy information, needs to be considered in future classification committee determinations affecting an incarcerated person found not guilty of a rule violation or whose charges were dismissed, no other recording or document relating to the rule violation charge or disciplinary proceedings shall be placed in files pertaining to the incarcerated person.

(b) Information developed through the disciplinary process, classification committee determinations affecting the incarcerated person, or events requiring explanation shall be recorded by the disciplinary hearing officer on a CDC Form 128-B, Informative Chrono, and referred to the classification committee. Such information shall include but not be limited to the following:

(1) The reason for an incarcerated person's placement in restricted housing prior to adjudication of the charges if that information has not been previously considered in a classification committee hearing;

(2) Any reason for retaining the incarcerated person in restricted housing after a finding of not guilty or dismissal of charges; or

(3) Any program assignment or placement change which needs to be considered in view of other incarcerated person or employee animosity toward the individual.

(4) The CDC Form 128-B shall be placed in the incarcerated person's central file and a copy shall be provided to the incarcerated person.

(c) Provisions of this section shall also apply when a finding of guilt on disciplinary charges is reversed or dismissed on appeal, or when information reported on a Counseling Only Rules Violation Report, is found on appeal to be incorrect or inappropriate.

(d) A finding of not guilty, dismissal, or reversal of a previous finding of guilt shall require an audit and updating of any documentation in the incarcerated person's file reflecting a prehearing assumption of guilt or the original finding of guilt. Such documentation shall not be removed from the incarcerated person's file, but shall be annotated with a cross-reference to the CDC Form 128-B documenting the most recent findings and action on the charge.

Notes

Cal. Code Regs. Tit. 15, § 3326

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2081, Penal Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 2081, Penal Code.

1. New section filed 5-13-77; effective thirtieth day thereafter (Register 77, No. 20).
2. Amendment of subsection (a) filed 3-22-78; effective thirtieth day thereafter (Register 78, No. 12).
3. Amendment of section and new Note filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
4. Amendment of subsections (a)(1)-(2) and (c) filed 6-2-2016 as an emergency; operative 6/2/2016 (Register 2016, No. 23). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2016 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-2-2016 order, including amendment of subsections (a)(2) and (c), transmitted to OAL 11-7-2016 and filed 12-22-2016; amendments effective 12/22/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 52).
6. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).