(a)
The following terms are defined for the purposes of this section:
(1) Camp means the type of subfacility of an
institution which is normally located in a rural area and which has no secure
(fenced or walled) perimeter. Camp inmates are generally assigned to
conservation and/or road details.
(2) Community-access facility (CAF) means any
facility located in the community, administrated by the Division of Adult
Parole Operations, where inmates have access to the community for work or
training and which has no secure (fenced or walled) perimeter.
(3) Community correctional facility (CCF)
means a facility located in the community, administrated by the Parole and
Community Services Division, where inmates do not have unsupervised access to
the community and which has a secure (fenced) perimeter.
(4) Facility means any institution,
community-access facility, community correctional facility, or any camp or
other subfacility of an institution under the jurisdiction of the
department.
(5) Institution means a
large facility or complex of subfacilities with a secure (fenced or walled)
perimeter headed by a warden.
(b) Each facility shall establish
classification committees as provided herein. A quorum for any committee at a
CAF shall be a minimum of two persons who shall be the chairperson and
recorder. A quorum at all other facilities shall be a minimum of three persons
who shall be the chairperson, recorder and any other member.
(c) Composition of committees:
(1) Initial and Unit Classification
Committees shall consist of:
(A) Captain or
CAF/CCF manager (chairperson).
(B)
Correctional counselor III, parole administrator I, parole agent III, or
assistant CAF/CCF manager; or, for CAF/CCFs only, designated supervisory peace
officer at the rank of correctional lieutenant, or above (alternate
chairperson).
(C) Correctional
counselor II, correctional counselor I, or parole agent II
(recorder).
(D) Assignment
lieutenant (initial classification), program lieutenant (unit classification),
or CAF/CCF inmate assignment/program coordinator.
(E) Educational or Career Technical Education
program representative.
(F) Other
staff as required.
(2)
Institution Classification Committees (ICC) and Facility Classification
Committees (FCC) shall consist of:
(A) Warden,
regional parole administrator, deputy warden, or deputy regional parole
administrator (chairperson).
(B)
Correctional administrator or parole administrator I (alternate
chairperson).
(C) Psychiatrist or
physician.
(D) Captain.
(E) Correctional counselor III, parole agent
III, correctional counselor II, or parole agent II (recorder).
(F) Assignment lieutenant or CAF/CCF inmate
assignment/program coordinator.
(G)
Educational or Career Technical Education program representative.
(H) Other staff as required.
(3) Camp Classification Committee
shall consist of:
(A) Correctional lieutenant
(chairperson).
(B) Correctional
counselor I (alternate chairperson, recorder).
(C) Correctional sergeant.
(D) Staff representative of camp contracting
agency.
(4) Security
Threat Group (STG) Unit Classification Committee shall consist of:
(A) Captain (Chairperson).
(B) Correctional Counselor II or alternate
(Recorder).
(C) Correctional
Counselor I.
(D) Other staff as
required.
(d)
Classification committee functions:
(1)
Initial Classification Committees shall:
(A)
Evaluate case factors and assist the inmate to understand facility
expectations, available programs, and resources.
(B) Initiate an education, Career Technical
Education program, or work program; designate a credit earning and privilege
group; and assign a custody designation for each inmate.
(C) Refer complex cases to the ICC or
FCC.
(D) Recommend transfer of a
new arrival determined to be inappropriately placed.
(E) Grant work credits to which the inmate is
entitled while in transit.
(2) Unit Classification Committees shall:
(A) Review each inmate's case at least
annually to consider the accuracy of the inmate's classification score, custody
designation, program, work and privilege group, and facility placement,
including recommendation for transfer. A parole violator's first annual review
may be delayed for up to five months so that it will coincide with
classification score updates.
(B)
Change in inmate's work/privilege group.
(C) Conduct post board classification on an
inmate within 15 days of receipt of official notice of a Board of Parole
Hearings' decision regarding the inmate.
(D) Act on an inmate's request for
restoration of forfeited credits for less than Division C offenses in
accordance with section
3327.
(E) Review confidential information to ensure
the standards for confidential information have been met, in accordance with
section
3321.
(3) Institution and Facility Classification
Committees shall:
(A) Recommend transfer of
inmates.
(B) Act on cases referred
by lower committees.
(C) Review
inmate requests for meritorious sentence reduction to determine compliance with
Penal Code section
2935.
(D) Make referrals and recommendations
through the chief, classification services, for cases requiring Departmental
Review Board (DRB) decisions.
1. Any offender
who is denied housing in a General Population (GP) setting based on possible
safety concerns shall have an investigation into the inmate's safety concerns
completed by designated staff. All confidential information referenced in the
safety investigation shall be disclosed to the offender utilizing Confidential
Information Disclosure Form(s) in accordance with section
3321.
2. Offenders shall be given at least 72-hours
advance notice of the safety concern interview. The inmate shall be provided
with disclosures of confidential information, and/or copies of non-confidential
documents at least 72-hours prior to an interview with the inmate. The
interview with the Investigator may be held earlier if the offender waives, in
writing, the 72-hour preparation period.
3. During the face to face interview with the
investigator, the subject will be given a meaningful opportunity to be heard in
regard to the information used in the validation of safety concerns. The inmate
will be assigned a Staff Assistant when warranted and effective communication
will be addressed. The inmate will be allowed the opportunity to refute any
information, provide clarification, or provide additional information as to why
the disclosed information may no longer be accurate.
4. Upon conclusion of the investigation, the
safety concern evaluation shall be forwarded to classification staff for an ICC
hearing. If applicable, the investigator's safety closure report must identify
the information used as evidence to support that the prior conflict(s) included
in the safety investigation no longer pose a threat to the inmate.
(E) Change an inmate's
work/privilege group.
1. Inmates assigned to
Privilege Group C who participate in the Mental Health Services Delivery System
at the Enhanced Outpatient Program (EOP) level of care or higher shall be
referred to the Interdisciplinary Treatment Team (IDTT) via CDCR Form 128-MH5
(Rev. 05/14), Mental Health Referral Chrono, for a program review.
2. Within five working days, IDTT may
recommend certain privileges be granted to the inmate on a case-by-case basis
when it is determined suspension of privileges would cause decompensation or
would be detrimental to the inmate's mental health status. In this event, the
correctional counselor attending IDTT shall refer the inmate to the
classification committee for consideration of reinstating privileges, or the
Captain for cases described in subsection
3044(f)(1)(B)4.
3. Each time the classification committee, or
the Captain for cases in accordance with subsection
3044(f)(1)(B)4.,
reinstates privileges, the correctional counselor attending committee or the
Captain shall ensure housing unit staff are made aware of any privileges
reinstated to the inmate or if the removal of Privilege Group C has occurred.
Any changes shall be documented on a CDC Form 128-B (Rev. 04/74), General
Chrono, and distributed to the housing unit and the inmate following the
classification committee or Captain's decision and shall be effective
immediately.
4. The primary
clinician is required to monitor the inmate's mental health status. At any time
if it is determined the mental health of an inmate placed into Privilege Group
C has declined as a result of suspension of privileges, the Primary Clinician
shall refer the inmate to IDTT for a program review. IDTT may recommend
documentation of concerns and findings and a copy will be provided to the
assigned correctional counselor for referral to the classification committee.
The primary clinician shall communicate with the classification committee
clinician prior to the classification committee commencement, ensuring the
recommendation noted on the CDC 128-C (Rev. 01/96), Medical-Psychiatric-Dental
(Chrono), is reviewed, discussed and documented.
5. The classification committee shall
consider the input provided by the primary clinician via the CDC 128-C (Rev.
01/96), when determining whether an inmate will be removed from Privilege Group
C and document the findings on the automated Classification Committee Chrono
(Rev. 05/19).
6. An inmate deemed a
program failure, as defined in Section
3000, who is permanently
transferred to another institution shall be returned to the privilege group he
or she had before being placed on Privilege Group C.
(F) Review confidential information to ensure
the standards for confidential information have been met, in accordance with
section
3321.
(G) Refer the case to the DRB, upon
completion of a Determinate RHU term when ICC determines that overwhelming
evidence exists supporting an immediate threat to the security of the
institution or the safety of others.
(H) Refer the case to the DRB, when an inmate
has a substantial disciplinary history consisting of no less than three RHU
terms within the past five years, substantial justification exists for the need
for continued RHU placement due to the inmate's on-going threat to safety and
security of the institution and/or others, and the inmate cannot be housed in
less-restrictive housing.
(4) Camp classification committees shall
perform all functions designated above for unit and initial classification
committees.
(5) STG Unit
Classification Committee shall:
(A) Review all
STG validation packages for accuracy, compliance, and to ensure due process
requirements have been met.
(B)
Review Dropout status affiliate's new disciplinary behavior for documented
nexus to STG behavior as noted in the RVR, or other source items of
intelligence.
(C) Review
information or intelligence received from outside law enforcement agencies to
ensure formal documentation is completed and/or the disciplinary process is
initiated, when appropriate.
(D)
Review confidential information to ensure the standards for confidential
information have been met, in accordance with section
3321.
Notes
Cal. Code
Regs. Tit. 15, §
3376
Note: Authority cited: Sections
3303
and
3309,
Welfare and Institutions Code; and Sections
5058 and
6252, Penal
Code. Reference: Sections
2933,
5054 and
5068, Penal
Code.
Note: Authority cited: Sections
3303
and
3309,
Welfare and Institutions Code; and Sections
5058 and
6252, Penal
Code. Reference: Sections
2933,
5054 and
5068, Penal
Code.
1.
Repealer and new section 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.
2. Certificate of Compliance as to 8-7-87 order transmitted
to OAL 12-4-87; disapproved by OAL (Register 88, No. 16).
3.
Repealer and new section 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.
4.
Certificate of Compliance as to 1-4-88 order transmitted to OAL 5-3-88;
disapproved by OAL (Register 88, No. 24).
5. Repealer and new
section 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.
6. Certificate of
Compliance transmitted to OAL 9-26-88 and filed 10-26-88 (Register 88, No.
50).
7. Change without regulatory effect amending section filed
10-22-90 pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 4).
8. Editorial correction of printing error in
subsection (b)(3)(D) (Register 92, No. 5).
9. Repealer of subsection
(b)(2)(C), subsection relettering, and amendment of subsection (b)(3)(E) filed
5-5-95; operative 6-5-95 (Register 95, No. 18).
10. Amendment of
subsection (b)(2)(C) and repealer of subsection (b)(3)(E) and subsection
relettering pursuant to Penal Code section
5058(e)
filed 3-20-96 as an emergency; operative 3-20-96 (Register 96, No. 12). A
Certificate of Compliance must be transmitted to OAL by 8-27-96 or emergency
language will be repealed by operation of law on the following
day.
11. Certificate of Compliance as to 3-20-96 order transmitted
to OAL 7-25-96 and filed 9-5-96 (Register 96, No. 36).
12. Amendment
of section and Note filed 5-1-97; operative 5-31-97 (Register 97, No.
18).
13. Amendment of subsection (d)(2)(A) filed 7-28-97 as an
emergency; operative 7-28-97 (Register 97, No. 31). Pursuant to Penal Code
section
5058(e),
a Certificate of Compliance must be transmitted to OAL by 1-5-98 or emergency
language will be repealed by operation of law on the following
day.
14. Certificate of Compliance as to 7-28-97 order transmitted
to OAL 10-27-97 and filed 12-8-97 (Register 97, No. 50).
15.
Amendment of subsection (d)(2)(A), new subsection (d)(2)(B), subsection
relettering and amendment of subsection (d)(3)(E) 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.
16. Amendment of subsection (d)(2)(A), new subsection
(d)(2)(B), subsection relettering and amendment of subsection (d)(3)(E) 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.
17. Certificate of Compliance as to 6-17-2004 order transmitted
to OAL 11-16-2004 and filed 12-29-2004 (Register 2004, No. 53).
18.
Change without regulatory effect amending subsection (d)(2)(C) filed 3-11-2013
pursuant to section 100, title 1, California Code of Regulations (Register
2013, No. 11).
19. Amendment of subsections (c)(1)(E), (c)(2)(H) and
(d)(1)(B) filed 10-29-2013 as an emergency; operative 10-29-2013 (Register
2013, No. 44). A Certificate of Compliance must be transmitted to OAL by
4-7-2014 or emergency language will be repealed by operation of law on the
following day.
20. Change without regulatory effect amending
subsection (a)(2) filed 1-8-2014 pursuant to section 100, title 1, California
Code of Regulations (Register 2014, No. 2).
21. Certificate of
Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed
5-14-2014 (Register 2014, No. 20).
22. New subsections
(c)(4)-(c)(4)(D), (d)(3)(F)-(d)(3)(F)2. and (d)(5)-(d)(5)(D) filed 10-17-2014;
operative 10/17/2014
pursuant to Government Code section
11343.4(b)(3)
(Register
2014, No. 42).
23. Amendment of subsection (d)(5)(B)
filed 6-2-2016 as an emergency; operative6/2/2016 (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.
24. Certificate of Compliance as to 6-2-2016 order transmitted
to OAL 11-7-2016 and filed 12/22/2016 (Register
2016, No. 52).
25. Amendment of subsection (c)(4)(B),
new subsections (d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection
relettering, amendment of newly designated subsections (d)(3)(G)-(d)(3)(G)2.,
new subsections (d)(3)(H)-(J), amendment of subsections (d)(5) and
(d)(5)(C)-(D) and new subsection (d)(5)(E) 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.
26. Amendment of subsection (c)(4)(B), new subsections
(d)(2)(E), (d)(3)(D)1.-4. and (d)(3)(F), subsection relettering, amendment of
newly designated subsections (d)(3)(G)-(d)(3)(G)2., new subsections
(d)(3)(H)-(J), amendment of subsections (d)(5) and (d)(5)(C)-(D) and new
subsection (d)(5)(E) 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.
27. Certificate of Compliance as to 3-5-2018 order, including
amendment of subsection (d)(3)(G)2., transmitted to OAL 8-21-2018 and filed
10-3-2018; amendments effective 10/3/2018 pursuant to Government Code section
11343.4(b)(3)
(Register
2018, No. 40).
28. New subsections (d)(3)(E)(1)-(6)
filed 2-24-2021; operative 4/1/2021 (Register
2021, No. 9). (Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20.)
29.
Amendment 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.