Cal. Code Regs. Tit. 15, § 3335 - Restricted Housing Unit Placement

(a) When an incarcerated person's presence in an institution's General Population (GP), inclusive of the Restricted Custody General Population (RCGP) facility, presents an immediate threat to the safety of the incarcerated person or others, endangers institution security, or jeopardizes the integrity of an investigation of alleged serious misconduct, criminal activity, or the safety of any person, the incarcerated person shall be immediately removed from the GP and placed in a Restricted Housing Unit (RHU) pursuant to subsection 3335(c). Initial placement into these units requires issuance of an automated Restricted Housing Unit Placement Notice (RHUPN) (Rev. 11/23), which is incorporated by reference, and approval by an Administrative Reviewer as described in subsection 3336(b). If an Institution Classification Committee (ICC) determines continued placement in a RHU is appropriate, approval by the Classification Staff Representative (CSR) for extension or an assessed Determinate RHU term, or by the Departmental Review Board (DRB) if the incarcerated person is being assessed an Administrative RHU term, on the basis of classification committee recommendations and referrals is required. CDCR staff shall not place incarcerated persons into a RHU solely on the basis of their validation status.

(b) Non-Disciplinary Restricted Housing.

(1) Non-Disciplinary Restricted Housing (NDRH) means temporary restricted housing placement for administrative reasons including, but not limited to:

(A) RHU placement for investigation of safety concerns not resulting from the incarcerated person's own misconduct.

(B) Investigation not related to misconduct or criminal activity.

(C) Being a relative or an associate of a prison staff member.

(D) Investigation related to being the victim of a Prison Rape Elimination Act (PREA) incident.

1. If the placement in NDRH is related to being the victim of a PREA incident, the incarcerated person will be afforded all programs, privileges, and education in accordance with section 3044 and subsection 3190(d). If these are restricted, assigned staff shall document:

1) the opportunities that have been limited;

2) the duration of the limitation; and

3) the reasons for such limitations.

2. The facility shall assign such incarcerated persons to NDRH only until an alternative means of separation from likely abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days. If the period of restricted housing exceeds 30 days, reasoning shall be documented on an automated Classification Committee Chrono (Rev. 05/19), which is incorporated by reference.

3. Every 30 days, the facility shall afford each such incarcerated person with a review by the assigned custody supervisor to determine whether there is a continuing need for restricted housing. The review shall be documented on the CDC Form 128-B (Rev. 4/74), General Chrono. If the custody supervisor determines the need for continued restricted housing no longer exists, the incarcerated person shall be referred to the ICC for a program review.

(E) Post-Restricted Housing Unit Maximum Release Date (RHU MRD) pending transfer to the GP.

(F) Lack of appropriate bed space.

(G) Out-to-court and return for non-criminal proceedings with case factors precluding release to the GP.

(2) Incarcerated persons whose safety concerns result from the incarcerated person's own misconduct or the incarcerated person's failure to cooperate with the investigation into their safety concerns may be denied NDRH designation by an ICC. In these cases, the ICC shall document the information detailing the misconduct and reasoning for denial of NDRH within the automated Classification Committee Chrono (Rev. 05/19).

(3) Designation as NDRH shall be made by ICC.

(A) Any case designated as NDRH, pursuant to subsections 3335(b)(1)(A) through 3335(b)(1)(C), and included in the MHSDS shall be transferred to an appropriate institution within 72 hours of initial designation.

(4) Incarcerated persons assigned to Work Group (WG) M or F and designated NDRH shall retain their WG status in accordance with subsections 3044(b)(7)(D) and 3044(b)(8)(E). Privileges shall be in accordance with subsections 3044(c)(6)(A)1. and 3190(c).

(c) The reasons for ordering an incarcerated person's placement in restricted housing shall be clearly articulated on an automated RHUPN (Rev. 11/23) by the initial authority who ordered placement in restricted housing.

(1) The automated RHUPN (Rev. 11/23) shall include sufficient information and detail to allow the incarcerated person to present a written or verbal defense to the stated reason(s) and circumstances for restricted housing during the classification hearing.

(2) The authority to order an incarcerated person's initial placement in restricted housing shall not be delegated below the staff level of Correctional Lieutenant or Correctional Counselor II (CCII) Supervisor, except when a lower-level staff member is the highest-ranking official on duty.

(3) A printed copy of the automated RHUPN (Rev. 11/23) shall be issued to the incarcerated person at the time of placement in restricted housing by the official ordering placement or by staff at the level of Correctional Lieutenant, CCII Supervisor, or higher.

(A) When necessary, the official ordering restricted housing placement shall accurately document whether the incarcerated person has Limited English Proficiency (LEP), or has a disability or communication need requiring effective communication, whether there is a need for an accommodation or assistance to ensure effective communication as defined in section 3000, and if necessary, document the provision of any assistance provided that is consistent with the incarcerated person's communication need, and document the method staff used to determine the incarcerated person understood.

(4) Restricted housing incarcerated persons returning to their endorsed institution from out-to-court or out-to-medical shall not require an updated automated RHUPN (Rev. 11/23) unless the incarcerated person's next scheduled ICC hearing was missed or the circumstances for restricted housing have changed.

(d) In addition to the automated RHUPN (Rev. 11/23), the initial authority who ordered placement in restricted housing or designee shall prepare a CDC Form 114-A1 (Rev. 11/23), Inmate Restricted Housing Profile, which is incorporated by reference, for each incarcerated person being placed on restricted housing status.

(e) A staff member at the rank of Captain, Correctional Counselor III (CCIII) or higher may rescind the placement and order the release of an incarcerated person in restricted housing at any time prior to the initial ICC.

(f) All classification committee actions shall be documented, including a specific record of the incarcerated person's participation, an explanation of the reason(s), and the information and evidence relied upon for the action taken. The incarcerated person shall be provided a copy of the automated Classification Committee Chrono (Rev. 05/19) and copies of the completed forms relied upon in making the decisions affecting the incarcerated person.

(g) Special circumstances or exceptions to the placement criteria for RHU must be referred to and decided by the DRB in accordance with section 3376.1.

Notes

Cal. Code Regs. Tit. 15, § 3335

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; 28 CFR Sections 115.42 and 115.43; Wright v. Enomoto (1976) 462 F.Supp. 397; Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert. denied, 481 U.S. 1069; Sandin v. Connor (1995) 515 U.S. 472; Toussaint v. McCarthy (9th Cir. 1990) 926 F.2d 800; and Toussaint v. Yockey (9th Cir. 1984) 722 F.2d 1490.

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 5054 and 5068, Penal Code; 28 CFR Sections 115.42 and 115.43; Wright v. Enomoto, (1976) 462 F.Supp. 397; and Toussaint v. McCarthy (9th Cir. 1986) 801 F.2d 1080, cert. denied, 481 U.S. 1069.

1. Repealer of Article 7 (Sections 3340-3357) and new Article 7 (Sections 3335-3345) filed 4-18-80; effective thirtieth day thereafter (Register 80 No. 16). For prior history see Registers 76, No. 31; 77, No. 9; 78, No. 25; and 79, No. 34.
2. Amendment of subsection (b) filed 9-24-81; effective thirtieth day thereafter (Register 81, No. 39).
3. Amendment 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.
4. Certificate of Compliance as to 8-7-87 order transmitted to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
5. Amendment 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.
6. Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88; disapproved by OAL (Register 88, No. 24).
7. 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.
8. Certificate of Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No. 50).
9. Amendment of article heading and subsection (c), repealer of subsections (c)(1)-(c)(1)(B), new subsections (d)-(i) and amendment of Note filed 6-15-2005 as an emergency pursuant to Penal Code section 5058.3; operative 6-15-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-22-2005 or emergency language will be repealed by operation of law on the following day.
10. Editorial correction of subsection (d)(3) and History 9 (Register 2005, No. 50).
11. Certificate of Compliance as to 6-15-2005 order transmitted to OAL 10-31-2005 and filed 12-15-2005 (Register 2005, No. 50).
12. Change without regulatory effect amending subsection (d)(3) filed 5-4-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 19).
13. Change without regulatory effect amending subsection (g) filed 5-11-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 19).
14. New subsections (b)-(b)(3) and subsection relettering filed 9-24-2013 as an emergency; operative 9-24-2013 (Register 2013, No. 39). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-3-2014 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 9-24-2013 order, including further amendment of subsections (b)-(b)(1), transmitted to OAL 2-20-2014 and filed 3-24-2014; amendments operative 3-24-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 13).
16. Amendment of subsections (e)(2)-(3) and (h) filed 10-17-2014; operative 10/17/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 42).
17. Amendment of article heading, repealer of subsections (a)-(i), new first paragraph, new subsections (a)-(d) and subsection relettering 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.
18. Certificate of Compliance as to 6-1-2015 order, including further amendment of subsections (b) and (c), transmitted to OAL 10-19-2015 and filed 12-3-2015; amendments effective 12/3/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 49).
19. New subsections (a)(1)(D)-(a)(1)(D)3. and amendment of Note filed 10-20-2016; operative 10/20/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 43).
20. Amendment of first paragraph and subsections (a)(1)-(a)(1)(A) filed 10-9-2017 as an emergency; operative 10/9/2017 (Register 2017, No. 41). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.
21. Amendment of first paragraph and subsections (a)(1)-(a)(1)(A) refiled 3-5-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 10). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 3-5-2018 order transmitted to OAL 8-21-2018 and filed 10/3/2018 (Register 2018, No. 40).
23. Amendment of subsections (a)(1)(D)2., (b)-(b)(1) and (b)(3)-(c) filed 6-9-2020; operative 10/1/2020 (Register 2020, No. 24).
24. Amendment of article heading, repealer and new section heading and amendment of section 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.
25. Amendment of article heading, repealer and new section heading and amendment of section 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.
26. Change without regulatory effect amending section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
27. Certificate of Compliance as to 4-8-2024 order, including further amendment of section and amendment of NOTE, transmitted to OAL 6-18-2024 and filed 7-31-2024; amendments effective 7/31/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).