Cal. Code Regs. Tit. 15, § 3383 - State of Emergency
(a) A
state of emergency shall exist when the institution head or regional parole
administrator/deputy director, Division of Adult Parole Operations (DAPO),
temporarily suspends any nonessential operation, procedure, service or
function, and the normal time limits or schedules for such activity in order to
prevent, contain or control a disturbance.
(b) The Assistant Secretary, Office of
Correctional Safety, shall be contacted by any of the persons specified in
section 3383(a), or their
designee, when a state of emergency is declared.
(c) Approval of the Secretary or Secretary's
designee is required when:
(1) A lockdown or
modified program of all housing units/sub-facilities within a facility's
security perimeter is to exceed 24 hours.
(2) A lockdown or modified program of fewer
than all housing units/sub-facilities within a facility's security perimeter is
to exceed 72 hours.
(3) The
suspension of a facility's major program or operation is to exceed 72 hours;
e.g., an academic or Career Technical Education program, visiting program, yard
operation, or dining room operation.
(d) During a state of emergency the
institution head or regional parole administrator or deputy director, DAPO, may
authorize the postponement of nonessential administrative decisions, actions,
and the normal time requirements for such decisions and actions as deemed
necessary because of the emergency. This may include, but is not limited to,
classification committee hearings, disciplinary proceedings, and the review and
action on grievances, appeals, and complaints.
(e) During a state of emergency, the cause
and effect shall be constantly reviewed and evaluated by the institution head
or regional parole administrator/deputy director, DAPO, through appropriate
staff. The facility's affected areas, programs, and operations shall be
returned to normal as soon as the institution head or regional parole
administrator/deputy director, DAPO, determines that it is safe to do so. Upon
termination of a state of emergency, the normal schedules and time frames for
administrative decisions and actions pertaining to affected inmates will
resume.
Notes
2. Change without regulatory effect amending section and adding NOTE filed 3-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Amendment filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
4. Amendment of subsections (a)-(b) and (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
5. New subsection (b) and subsection relettering filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
6. Amendment of subsections (c)(1)-(2) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
7. Amendment of subsection (c)(3) 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.
8. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed 5-14-2014 (Register 2014, No. 20).
9. Amendment of subsection (d) filed 3-25-2020 as an emergency; operative 6-1-2020 (Register 2020, No. 13). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 11-9-2020 or emergency language will be repealed by operation of law on the following day.
10. Emergency filed 3-25-2020 and operative 6-1-2020 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. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (d) refiled 2-25-2021 as an emergency; operative 3-10-2021 (Register 2021, No. 9). 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 10-8-2021 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (d) refiled 10-4-2021 as an emergency; operative 10-8-2021 pursuant to Government Code section 11346.1(d) (Register 2021, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-6-2022 pursuant to Government Code section 11346.1(h) or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed 1-5-2022 (Register 2022, No. 1).
Note: Authority cited: Section 5058, Penal Code; and Section 11152, Government Code. Reference: Section 5054, Penal Code.
2. Change without regulatory effect amending section and adding Note filed 3-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 12).
3. Amendment filed 10-16-97; operative 11-15-97 (Register 97, No. 42).
4. Amendment of subsections (a)-(b) and (c)-(d) filed 12-9-2008; operative 1-8-2009 (Register 2008, No. 50).
5. New subsection (b) and subsection relettering filed 5-26-2011; operative 6-25-2011 (Register 2011, No. 21).
6. Amendment of subsections (c)(1)-(2) filed 6-14-2011; operative 7-14-2011 (Register 2011, No. 24).
7. Amendment of subsection (c)(3) 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.
8. Certificate of Compliance as to 10-29-2013 order transmitted to OAL 4-4-2014 and filed
9. Amendment of subsection (d) filed 3-25-2020 as an emergency; operative
10. Emergency filed 3-25-2020 and operative 6-1-2020 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. 42). A Certificate of Compliance must be transmitted to OAL by 3-9-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (d) refiled 2-25-2021 as an emergency; operative
12. Amendment of subsection (d) refiled 10-4-2021 as an emergency; operative
13. Certificate of Compliance as to 10-4-2021 order transmitted to OAL 12-7-2021 and filed
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