Sec. 3335 - Administrative Segregation

ยง 3335. Administrative Segregation

When an inmate'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 inmate or others, endangers institution security or jeopardizes the integrity of an investigation of an alleged serious misconduct, criminal activity, or the safety of any person, the inmate shall be immediately removed from the GP and placed in administrative segregation. Administrative segregation may be accomplished by confinement in a designated Administrative Segregation Unit (ASU) or, in an emergency, to any single cell unit capable of providing secure segregation. CDCR staff shall not place inmates into a SHU, ASU, or the SDP solely on the basis of their validation status.

(a) Non Disciplinary Segregation.

(1) Non Disciplinary Segregation (NDS) means temporary segregated housing placement for administrative reasons to include but are not limited to:

(A) ASU placement for investigation of safety concerns not resulting from misconduct warranting a Rules Violation Report.

(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 NDS is related to being the victim of a PREA incident, the inmate will be afforded all programs, privileges, and education in accordance with section 3044 and subsection 3190(b)(5)(C), of Title 15 of the CCR. 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 inmates to NDS 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 segregation exceeds 30 days, reasoning shall be documented on an automated Classification Committee Chrono (05/19), which is incorporated by reference.

3. Every 30 days, the facility shall afford each such inmate with a review by the assigned custody supervisor to determine whether there is a continuing need for segregation from the general population. 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 segregation no longer exists, the inmate shall be referred to the Institution Classification Committee for a program review.

(2) Designation as NDS shall be made by ICC.

(A) Any case designated as NDS, and included in the MHSDS, shall be transferred to an appropriate institution within 72 hours of initial designation.

(b) The reasons for ordering an inmate's placement in administrative segregation shall be clearly articulated on an automated Administrative Segregation Unit Placement Notice (05/19), which is incorporated by reference, by the initial segregating authority.

(1) The Administrative Segregation Unit Placement Notice shall include sufficient information and detail to allow the inmate to present a written or verbal defense to the stated reason(s) and circumstances for segregation during the classification hearing.

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

(3) A printed copy of the Administrative Segregation Unit Placement Notice shall be issued to the inmate at the time of placement in administrative segregation by the official ordering placement or by staff at the level of Correctional Lieutenant, CCII or higher.

(A) When necessary, the official ordering administrative segregation placement shall accurately document whether the inmate 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 inmate's communication need, and document the method staff used to determine the inmate understood.

(4) Administratively segregated inmate's returning to their endorsed institution from out-to-court or out-to-medical shall not require an updated Administrative Segregation Unit Placement Notice unless the inmate's next scheduled ICC hearing was missed or the circumstances for segregation have changed.

(c) In addition to the Administrative Segregation Unit Placement Notice, the initial segregation authority or designee shall prepare a CDC Form 114-A1 (10/98), Inmate Segregation Profile, which is hereby incorporated by reference, for each inmate being placed on administrative segregation status.

(d) A staff member at the rank of Captain, Correctional Counselor III (CCIII) or higher may rescind the placement and order the release of an inmate in administrative segregation at any time prior to the initial Institution Classification Committee (ICC).

(e) All classification committee actions shall be documented, including a specific record of the inmate's participation, an explanation of the reason(s), and the information and evidence relied upon for the action taken. The inmate shall be provided copies of the completed forms relied upon in making the decisions affecting the inmate.

(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).)

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.

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