Cal. Code Regs. Tit. 15, § 3318 - [Operative 10/1/2025] Assistance to Incarcerated Persons for Serious Rule Violations

(a) Investigative employee. The investigative employee is designated to gather information for the senior hearing officer or disciplinary hearing committee as described in section 3315(d)(1)(A).

(1) The investigative employee shall:

(A) Interview the charged incarcerated person.

(B) Gather information.

(C) Question all staff and incarcerated persons who may have relevant information.

(D) Screen prospective witnesses.

(E) Submit a written report to the senior hearing officer or disciplinary committee chairperson to include witness statements and a summary of the information collected specific to the violation charged.

(2) A copy of the investigative employee's report shall be provided to the incarcerated person no less than 24 hours before a disciplinary hearing is held.

(3) When an investigative employee provides assistance to an incarcerated person, in lieu of or in addition to that provided by a staff assistant, the investigative employee shall do so as a representative of the official who will conduct the disciplinary hearing rather than as a representative of the incarcerated person.

(4) An investigative employee is not subject to the confidentiality provisions of subsection (b)(2)(A) and shall not withhold any information received from the incarcerated person.

(b) Staff Assistant. The assignment of a Staff Assistant is mandatory for incarcerated persons in the Developmental Disability Program (DDP).

(1) The assigned Staff Assistant shall:

(A) Inform incarcerated persons of their rights and of the disciplinary hearing procedures.

(B) Advise and assist in the incarcerated person's preparation for a disciplinary hearing, represent the incarcerated person's position at the hearing, ensure that the incarcerated person's position is understood, and that the incarcerated person understands the decisions reached.

(C) Refrain from giving legal counsel or specifying the position the incarcerated person should take in any disciplinary, classification or criminal proceeding.

(2) For all incarcerated persons in the DDP, the assigned Staff Assistant shall:

(A) Offer assistance reading relevant documents and completing necessary and related paperwork to prepare for the Rules Violation Report (RVR) hearing, if reading and writing is listed as an identified adaptive support need on the incarcerated person's automated CDCR Form 128C-2 (Rev. 09/24), Developmental Disability Program Adaptive Supports Screening Results, located within SOMS and incorporated by reference.

(B) Be present at the disciplinary hearing and all interviews related to the disciplinary process including any waiver of the Investigative Employee; be present during the interview with the assigned Investigative Employee and the DDP incarcerated person; and consult with the DDP incarcerated person and confirm their decision if the DDP incarcerated person declines to postpone the RVR hearing pending the status of the referral to the District Attorney for possible criminal prosecution.

(C) Provide and assist with effective communication, to the extent possible, when carrying out duties in subsections 3318(b)(2)(A)-(B).

(3) The incarcerated person shall be informed that:

(A) The Staff Assistant shall keep confidential any sensitive information the incarcerated person discloses concerning the charges for which the Staff Assistant was assigned unless the incarcerated person consents to disclosure or if disclosure is required by law or as described in section 3318(b)(4).

(B) All evidence and information obtained and considered or developed in the disciplinary process may be used in court if the violation has been or is to be referred for criminal prosecution.

(4) If the Staff Assistant becomes aware that the incarcerated person is contemplating future criminal conduct, the Staff Assistant shall disclose this information if necessary to protect potential victims and prevent the contemplated crime.

(5) The Staff Assistant shall inform the incarcerated person that all evidence and information obtained and considered or developed in the disciplinary process may be used in court if the same charges have been or are to be referred to the district attorney for possible criminal prosecution.

Notes

Cal. Code Regs. Tit. 15, § 3318

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code; and Clark v California (2002) USDC-ND (No. C-96-1486-CRB).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 2932 and 5054, Penal Code.

1. Amendment filed 2-24-77; effective thirtieth day thereafter (Register 77, No. 9).
2. Amendment filed 8-17-79 as an emergency; effective upon filing (Register 79, No. 33). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 12-15-79.
3. New subsection (e) filed 11-1-79 as an emergency; effective upon filing (Register 79, No. 44). A Certificate of Compliance must be filed within 120 days or emergency language will be repealed on 3-1-80.
4. Certificate of Compliance as to 8-17-79 order filed 12-14-79 (Register 79, No. 50).
5. Certificate of Compliance as to 11-1-79 order filed 2-15-80 (Register 80, No. 7).
6. Amendment filed 2-15-80; effective thirtieth day thereafter (Register 80, No. 7).
7. Amendment filed 5-4-83; designated effective 6-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 19).
8. Amendment of section heading and section filed 5-5-95; operative 6-5-95 (Register 95, No. 18).
9. Amendment of subsections (a), (a)(1)(E) and (b)(2)(A)-(B) filed 8-4-2008; operative 8-4-2008 pursuant to Government Code section 11343.4(Register 2008, No. 32).
10. Change without regulatory effect amending section heading and section filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).
11. Amendment of section and NOTE filed 6-3-2025; operative 10/1/2025 (Register 2025, No. 23).